Air Quality Regulation Update

1. Air Quality Regulation Update Presented by Robert E. Dick, PE SWANA Old Dominion Chapter Annual Conference Wintergreen, VA August 7, 2014

2. 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

3. 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

4. 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)

5. 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

6. Proposed NSPS Changes * Virginia Rule 4-43 assigns different applicability criteria for facilities located within Northern Virginia VOC Non-Attainment Area

7. 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

8. 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

9. 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

10. 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

11. 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

12. 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

13. 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

14. 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

15. 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)

16. 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

17. 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

18. GHG MRR Voodoo

19. 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)