Air Quality Regulation Update

Presented by Robert E. Dick, PE

SWANA Old Dominion ChapterAnnual Conference

Wintergreen, VAAugust 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

• 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)

Design Capacity 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.

* 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

ANPR - EG Update• Should CH4 emission reductions be directly

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 RuleBiogenic 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 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

YearMSW LF Total GHG Emissions (MTCO2e)

# of MSW LF

Average GHG per LF (MTCO2e)

Incineration Total GHG Emissions (MTCO2e)

# of Incinerators

Industrial LF Total GHG Emissions (MTCO2e)

# of Industrial LF

Average GHG per 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

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)