Air Quality Regulation Update
Presented by Robert E. Dick, PE
SWANA Old Dominion Chapter
Annual Conference
Wintergreen, VA
August 7, 2014
Overview
• Proposed NSPS Rule
• Advanced Notice of Proposed Rulemaking (ANPR) –
Emissions Guidelines
• Supreme Court Decision on GHG Tailoring Rule
• RICE NESHAP Applicability at Landfills
• GHG MRR Results
Background on Current NSPS/EG
• Accepted Waste After 11/8/87
• Commenced Construction, Reconstruction, or
Modification:
– Before 5/30/91, then EG Site subject to Subpart
Cc
– After 5/30/91, then NSPS Site subject to Subpart
WWW
• NSPS and EG Promulgated in March 1996
– EPA is Required to Update every 8 years
– EDF sued EPA; CO established deadline 6/30/14
• Amendments proposed in 2002 & 2006 never
finalized
Current NSPS/EG
Affected Facilities
• 1,000 MSW LFs subject to 1996 NSPS/EG
• Administration’s “Climate Action Plan – Strategy to
Reduce Methane Emissions” (Methane Strategy)
– MSW LFs – 3rd largest source of anthropogenic
CH4
– MSW LFs – responsible for 18% of CH4 emissions
(2012)
Proposed Rule – NSPS Update
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7/1/14 – USEPA Issued Notice
7/17/14 – Published in Federal Register
9/15/14 – 60-day Public Comment Period Ends
3/10/15 – Final Rule Scheduled for Promulgation
New NSPS Regulation in 40 CFR 60 Subpart XXX
Applies only to MSW LFs that commence construction,
reconstruction, or modification after 7/17/14
Proposed NSPS Changes
Applicability
Current NSPS
(WWW)
Proposed NSPS
(XXX)
2.5 MM Mg
& 2.5 MM m3
2.5 MM Mg
& 2.5 MM m3
NMOC Emissions Rate
50 Mg/yr
40 Mg/yr
Installation Timeframe
30 mos.
30 mos.
Design Capacity
* Virginia Rule 4-43 assigns different applicability criteria for
facilities located within Northern Virginia VOC Non-Attainment
Area
NSPS Treatment Systems
• Definition
– Absolute filtration rating  10 microns
– Water dewpoint of LFG  45°F with dewatering
process
– Compression
• Continuous Monitoring
– Pressure Drop across Filter
– LFG Temperature for chiller-based dewatering
– LFG dew point for non-chiller-based dewatering
• Recording every 15 minutes with hourly and 24-hour
block averages
NSPS Changes - SSM Events
• NSPS Standards to apply including SSM Events
(current Rule exempts periods of SSM)
• Eliminates the allowable downtime criteria:
– 1-hour control device
– 5-day collection system
• Must estimate NMOC emissions during downtime
Miscellaneous NSPS Changes
• Criteria for exempting closed areas
• Mandates when LF must update GCCS Design Plan
• Clarifies timeframe for submitting Alternate Timeline
Request
• Requires Higher Operating Value be submitted for
approval and included in GCCS Design Plan
• All cover penetrations monitored during SEM event
• Clarifies that non-enclosed flares do not have to
monitor temperature
Request for Comments
• Utility flares represent BSER
• LFG collection from LCRS
• Discovery of watered-in wells
• Enhanced SEM requirements
– Tighter spacing
– Integrated sampling
• Use of wellbore seals
• Reducing timeframes for initial (30-month) or
expansion (2-year/5-year) GCCS installation
• Use of remote sensing techniques
• Possible Tier 4 methodology
ANPR - EG Update
7/1/14 – USEPA Issued Notice
7/17/14 – Published in Federal Register
9/15/14 – 60-day Public Comment Period Ends
Not a Proposed Rule; rather requests information
Would apply to existing MSW LFs that commenced
construction, reconstruction, or modification prior to
7/17/14 (EG Sites and current NSPS Sites)
• Would replace Subparts Cc and WWW
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ANPR - EG Update
• Should CH4 emission reductions be directly
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addressed?
Changes to further reduce LFG emissions:
– Reduce/eliminate Design Capacity threshold
– Reducing NMOC emission threshold
– Adjust Initial/Expansion times
– Use of horizontal collectors for early control
– Adjust duration for system operation
Enhanced SEM criteria per AB 32 LMR
Early installation of final cover systems
Organics diversion to reduce LFG generation
GHG Tailoring Rule
• 6/23/14 - Supreme Court decision addressing
application of PSD/Title V permitting requirements
to GHG in Utility Air Regulatory Group v. EPA
• EPA cannot treat GHG as air pollutant for purposes
of determining if PSD or Title V permit is required
– Sources cannot be subject to PSD/Title V permit
solely based on GHG
– Sources subject to PSD/Title V permit for other
pollutants can be subject to BACT for GHG
• EPA lacked authority to “tailor” the CAA
GHG Tailoring Rule
Biogenic Deferral
• Supreme Court decision did not directly address DC
Court overturning EPA Biogenic Deferral in July
2013
• Deferral decision has not taken effect
• 7/21/14 - Biogenic Deferral expired on own terms
• Conclusions:
– Unlikely LFs will trigger PSD permits based on
GHG emissions
– Expiration of Biogenic Deferral appears
somewhat inconsequential
– Critical issue is how EPA considers fugitive
emissions
RICE NESHAP Applicability
• Applicability depends on:
– Engine size and type
– Construction date, installation date
– Facility HAPs status, type of fuel, engine use, etc.
• RICE units at LFs, TS, and MRFs include:
– Emergency generators for backup power
– Water pumps
– Other diesel, gas, propane engines
• Units are typically also subject to RICE NSPS (IIII or
JJJJ)
RICE NESHAP Permitting
• VA Article 6 Revisions changed definition of “Non-
Road” Engines such that more units considered
“Portable” Engines and subject to permitting
• VDEQ DAQ 1/2/14 Memo on Non-Road Engines
• VDEQ fast-track regulatory process to revert
definition back to match EPA’s definition
• VA LF air permits may (or may not) include MACT
ZZZZ requirements:
– Criteria to achieve “emergency” status
– Oil & filter change frequency
– Non-resettable hour meter
GHG MRR 2012 Results
MSW LF Total GHG
Emissions (MTCO2e)
Year
Average GHG per LF
# of MSW LF (MTCO2e)
Incineration Total GHG
Emissions (MTCO2e)
# of
Incinerators
Industrial LF Total GHG
Emissions (MTCO2e)
# of Industrial Average GHG per LF
LF
(MTCO2e)
Total Waste Sector GHG
Emissions (MTCO2e)
2010
3,158,722
41
77,042
537,360
4
3,696,082
2011
2,455,171
43
57,097
659,715
4
596,030
6
99,338
3,710,916
2012
2,293,383
41
55,936
677,161
4
597,182
7
85,312
3,567,726
• MSW LF High = 248,000; Low = 4,300
• 9 of the top 11 are the private-sector regional LFs
• 14 of the 41 are below 25,000 MTCO2e
GHG MRR Voodoo
Action Items
• Submit request for comment period extension to EPA
• Compile information to address EPA’s request
regarding both NSPS Proposed Rule and ANPR
• Prepare for more stringent Air Quality regulations
governing LFG emissions
• Inventory your RICE units (emergency backup
generators) and establish applicability and
implement compliance monitoring & reporting
• To understand the GHG MRR, see a witch-doctor (or
a consultant)