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MSW Landfill NSPS and Guidelines Issued

The MSW Landfill NSPS (Subpart XXX, formerly Subpart WWW) and Guidelines (Subpart Cf, formerly Cc) were signed on July 14, 2016.

  • The NSPS is for landfills that commence construction after July 17, 2014.  The Guideline is for existing landfills that commenced construction on or before July 17, 2014.
  • The new rules maintain the design capacity thresholds of 2.5 metric tons (Mg) and 2.5 million cubic meters for requiring that NMOC’s be calculated annually.
  • The new rules lower the threshold for requiring collection and control from 50 Mg/yr to 34 Mg/yr.

The Guideline retains the option to route LFG to a treatment system that processes the collected gas for sale or beneficial use but now provides more specific monitoring requirements:

  • Continuous monitoring of gas flow;
  • Monthly visual inspection of the bypass line valve position;
  • Records of gas flow and bypassing of the system; and
  • Site-Specific Treatment Monitoring Plan – records of filtration, de-watering, and compression parameters (which the facility has to propose), monitoring methods/ranges, responsible personnel for data collection, data collection processes, QA, maintenance, and repair of continuous monitoring systems.

Final Rules available here:

These rules will not be effective until they are published in the Federal Register and incorporated into each State Implementation Plan (SIP).  So, the rule changes are expected to be effective in late 2017.

EPA Proposes to Redesignate Ozone Nonattainment Areas

As published in the Federal Register on 08/27/2015, EPA is proposing to redesignate 36 Ozone Nonattainment Areas, including Atlanta.  Based on the 2012-2014 design value, EPA determined that Atlanta did not attain the 2008 ozone NAAQS by July 20, 2015, thereby triggering a “bump up” in nonattainment classification from marginal to moderate.  The new attainment date is July 20, 2018.  The proposed SIP submittal due date is January 1, 2017 or March 1, 2017 (comment solicited).  Several federal standards, including CSAPR, Tier 3 vehicle standards, and Boiler MACT, are expected to support attainment efforts.  However, state agencies could find that additional NOx or VOC control measures (RACT rules) are needed.  Georgia EPD has indicated that it intends to certify 2013-2015 ozone monitoring data in support of a request to redesignate to attainment.

Read More …

EPA Releases Revised Framework for Biogenic CO2 Accounting

On 11/19/14, EPA released a revised framework for assessing biogenic CO2 emissions from stationary sources.

  • For the Clean Power Plan, EPA expects to recognize biogenic CO2 emissions and climate poly benefits of waste-derived and certain forest-derived industrial byproduct feedstocks, support states’ efforts in using biomass power to met the CPP goals.  EPA also mentions that sustainably-derived agricultural and forest-derived feedstocks may also be an approvable element of CPP compliance plans.
  • For PSD, EPA plans rule revisions to exempt from BACT requirements waste-derived feedstocks and non-waste biogenic feedstocks derived from sustainable forest or agricultural practices.  This is based on EPA’s position that biogenic CO2 emissions are likely to have minimal or no net atmostpheric contributions of CO2 or even reduce such impacts when compared to an alternate fate of disposal.

Janet McCabe Memo:

EPA Framework Document:

EPA website:

Gas-Fired Boiler MACT Facility? Prepare… Now

The compliance date for the Boiler MACT is January 31, 2016, but facilities should be preparing now.  Facilities that are subject to emissions limits (solid fuel and liquid fuel boilers) are likely well under way in their compliance plans, including emissions and fuels testing and monitoring equipment installation.  But, facilities that only burn natural gas (with or without fuel oil for curtailment and testing) should also be preparing.  Much of the work to comply with the Boiler MACT will need to be completed in 2015; therefore, facilities may need to make budgetary plans this year to include:

  • Determine if elective fuel oil firing is a possibility in the future – natural gas costs may rise making fuel oil more attractive.  If facilities want this option, engineering stack testing and fuel testing should be conducted to assess compliance.
  • Identify a “qualified energy assessor” and obtain a quote for the one-time energy assessment.
  • Locate a contractor and obtain a quote to perform boiler and process heater tune-ups.
  • Re-check your process heater list to make sure you have not missed any subject units, ask “How is this process heated?  Indirect or direct-fired?”.

The Boiler MACT has been remanded back to EPA to address reconsideration of several aspects of the rule.  However, the rule has not been vacated, and there is no current indication that the compliance date will be changed (but that is a possibility).

Questions?  Contact your EPS consultant.