Municipal Solid Waste Landfill Air Regulation Updates Scott Martin, P.E. Burns & McDonnell July 1, 2014

Transcription

1 Municipal Solid Waste Landfill Air Regulation Updates Scott Martin, P.E. Burns & McDonnell July 1, Engineering, Architecture, Construction, Environmental and Consulting Solutions 2011 Burns & McDonnell

2 Do I Need a Permit? For the activity of rocket launching, where a rocket leaves the launch pad, the first and foremost question to consider for title V applicability purposes is whether the activity is a stationary or mobile source since only stationary sources are permitted under title V. We agree with you that rocket launching is a mobile source and thus the emissions from rocket launching do not need to be counted for title V applicability purposes.

3 Presentation Overview Ø Air Permitting Background Ø The Tailoring Rule (PSD and Title V/Part 70 Permitting) Ø Changes to the Mandatory GHG Reporting Rules Ø Status Update on New Source Performance Standards (NSPS)

4 General Applicability: Permitting Background: Title V / Part 70 Operating Permits Ø All landfills with a Design Capacity of 2.5 Mg (2,760,000 U.S. Short Tons) and 2.5 million cubic meters (3,270,000 cubic yards) Ø Design Capacity is the maximum amount of solid waste a landfill can accept, as indicated in terms of volume or mass in the most recent permit issued by the State, local, or Tribal agency responsible for regulating the landfill, plus any in-place waste not accounted for in the most recent permit. Ø All stationary equipment, including an area source, subject to standards or regulations under Section 111 or 112 CAA to operate in compliance with a State s V Permit Program. of the Title

5 GCCS Applicability (NSPS) Flow Chart

6 General Applicability: Construction Permits Ø Prior to 1987, the EPA considered LFG emissions to be fugitive. EPA did not subject landfills to PSD or nonattainment review. Ø In 1987, the EPA determined if a gas collection system was installed, the emissions could no longer be considered fugitive; but EPA expected most landfills would not have gas collection systems installed. Ø In October 1994, memorandum, EPA concluded that the 1987 guidance was in error. ü LFG could be collected, the collectable LFG could not be considered fugitive and that new landfills should be evaluated for PSD and nonattainment applicability.

7 General Applicability: Construction Permits General Applicability: Ø New landfills with a Design Capacity of least 2.5 Mg and 2.5 million cubic meters in size. Ø A modified MSW landfill that increases design capacity by either horizontal or vertical expansion. The modification does not occur until construction is commenced on the expansion. Ø PSD Permitting required if Criteria Pollutants > 250TPY or through Tailoring Rule (Discussed Later).

8 Construction Permits (Cont d) General Applicability: Ø At maximum design capacity, the proposed construction or modification will ü Emit each pollutant at a rate > the amount specified in Table 1. ü Emit a single HAP > 0.5 lbs/hr (or more stringent) Ø Actual Emissions of ü ü Criteria Pollutants > 876 lbs / year Non-HAP VOC s > 4 tons per year NOTE: Missouri 10 CSR contains a long list of exempted facility and emission unit types (Exclusions by Source Category)

9 Tailoring Rule Background: Ø May 13, 2010, EPA finalized the Tailoring Rule ü GHG emissions to the pollutants regulated under the federal Clean Air Act (CAA) permitting programs v v Title V / Part 70 Operating Permits PSD for Construction Permits (When Applicable) Ø Carbon Dioxide, Methane, Nitrous Oxide, Hydrofluorocarbons, Perfluorocarbons and Sulfur Hexaflouride are regulated GHG ü Measured collectively as carbon dioxide equivalents Name GWP (100 yr.) Carbon Dioxide (CO 2 ) 1 Methane (CH 4 ) 25 Nitrous Oxide (N 2 O) 298

10 Tailoring Rule (Cont d) Applicability: Ø New facilities or modifications of existing minor facilities emitting > 100,000 (tpy) of carbon dioxide equivalent are covered by PSD requirements, and Ø Modifications of existing major sources greater than 75,000 tpy of carbon dioxide equivalent will be subject to PSD permitting requirements, provided GHGs become subject to regulation Ø GHG Alone can trigger PSD & Title V (more on this...) ü Approximately 715 scfm of Collectable LFG, annually = 100,000 TPY of GHG s w/10% Oxidation Factor, Includes Biogenic Emissions. Ø December 12, 2013, EPA clarified that fugitive GHGs will be regulated like other regulated pollutants. Fugitive GHG emissions are not for non-listed minor sources or major sources to determine PSD applicability. ü Mandatory GHG Reporting Rule caused confusion

11 Tailoring Rule (Cont d) Biogenic Deferral: Ø The Tailoring Rule does not distinguish between biogenic and anthropogenic GHG. Ø On July 1, 2011, EPA deferred biogenic carbon dioxide from PSD and Title V programs under the Tailoring Rule. ü Biogenic carbon dioxide is not regulated under the Tailoring Rule. Ø On July 12, 2013, the U.S. Court of Appeals for the D.C. Circuit vacated the Deferral Rule. ü If the EPA takes no additional action on biogenic carbon dioxide during the deferral s set time constraints, biogenic carbon dioxide is subject to permitting on July 2, 2014 (tomorrow).

12 Tailoring Rule (Cont d) Supreme Court Decision June 23, 2014: We hold that EPA exceeded its statutory authority when it interpreted the Clean Air Act to require PSD and Title V permitting for stationary sources based on their greenhouse-gas emissions. Specifically, the Agency may not treat greenhouse gases as a pollutant for purposes of defining a major emitting facility (or a modification thereof) in the PSD context or a major source in the Title V context. To the extent its regulations purport to do so, they are invalid. EPA may, however, continue to treat greenhouse gases as a pollutant subject to regulation under this chapter for purposes of requiring BACT for anyway sources. The judgment of the Court of Appeals is affirmed in part and reversed in part.

13 Recent Mandatory GHG Reporting Rule Changes (40 CFR, Part 98) Ø MSW Landfills are required to report annual GHG emissions under 40 CFR Part 98, Subpart HH of the Mandatory Greenhouse Gas Reporting Rule if methane generation exceeds 25,000 metric tons of carbon dioxide equivalent (MtCO2e). Ø Global Warming Potential (GWP) Changes ü Methane (from 21 to 25) ü Nitrous Oxide (from 310 to 298) v Permit Programs Reference 40 CFR 98. v Smaller landfills may be required to submit as a result of GWP Changes

14 Recent Mandatory GHG Reporting Rule Changes (Cont d) Ø Site-specific surface methane oxidation values (compared to the historical usage of 10% Table HH-4 to Subpart HH of Part 98 Landfill Methane Oxidation Fractions Use this landfill Under these conditions: methane oxidation fraction: I. For all reporting years prior to the 2013 reporting year C1: For all landfills regardless of cover type or methane flux 0.1 II. For the 2013 reporting year and all subsequent years C2: For landfills that have a geomembrane (synthetic) cover with less than 12 inches of 0 cover soil for the majority of the landfill area containing waste C3: For landfills that do not meet the conditions in C2 above, and for which you elect not 0.1 to determine methane flux C4: For landfills that do not meet the conditions in C2 above and that do not have a soil 0.1 cover of at least 24 inches for a majority of the landfill area containing waste C5: For landfills that have a soil cover of at least 24 inches for a majority of the landfill area containing waste and for which the methane flux rate is less than 10 grams per 0.35 square meter per day (g/m 2 /d) C6: For landfills that have a soil cover of at least 24 inches for a majority of the landfill area containing waste and for which the methane flux rate is 10 to 70 g/m /d C7: For landfills that have a soil cover of at least 24 inches for a majority of the landfill area containing waste and for which the methane flux rate is greater than 70 g/m 2 /d 0.1

15 Recent Mandatory GHG Reporting Rule Changes (Cont d) Ø Monthly methane monitoring frequency vs. weekly. Ø Landfill Gas added to the default list of fuel types in Subpart C (lowers emissions compared to other biomass gases if site specific heating value is not readily available) for stationary combustion sources. Ø Multiple control devices (methane destruction devices) can now be input into e-ggrt Ø Subpart C equipment ratings (stationary fossil fuel combustion) must be entered in the form of MMBtu / hour.

16 NSPS/EG Status Update Background: Ø July Environmental Defense Fund that alleged EPA had violated the Clean Air Act by conducting a timely review of Landfill New Source Performance Standards (NSPS) Regulation. EPA Review required every 8 years. ü A consent decree that committed EPA to perform an appropriate review and sign for publication either a proposed rule revising municipal solid waste landfills rules or a proposed determination not to revise the standards by May 1, ü In a June 20 press release, EPA initiates Small Business Advocacy Review (SBAR) panel that will provide advice on impacts to small businesses. v Draft NSPS deadline extended to February 4, 2014

17 NSPS Status Update (Cont d) Background: Ø Significance of the SBAR: ü The Regulatory Flexibility Act requires EPA to convene a Small Business Advocacy Review (SBAR) Panel for a proposed rule unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. v Significant Economic Impact - $25 Million in any one year (E.O Sept. 2013) E.O Deliberative document. Do not cite or quote.

18 Current Requirements NSPS Status Update (Cont d)

19 NSPS Status Update (Cont d) Ø Codify Proposed Amendments in 2002 and 2006 ü Clarification of landfill owner/operator and treatment system owner/operator compliance responsibilities. ü Define landfill gas treatment ü SSM (5 days / 1 hour) Ø Consider additional amendments: ü Surface Emission Monitoring Revisions

20 NSPS Status Update (Cont d)

21 NSPS Status Update (Cont d)

22 Conclusions Ø Expect Change: ü Construction & Title V Permitting ü Mandatory GHG Reporting ü NSPS / EG Ø Regularly Review Existing Permits & Operation Plans ü Landfill Expansions ü Installation of new equipment ü Reference most current standards and regulations for Air Permit Modifications / Renewals

23 Scott Martin, PE Burns & McDonnell Engineering, Architecture, Construction, Environmental and Consulting Solutions 2011 Burns & McDonnell