Appendices A-K

159 Pages·1998·1.27 MB·English

APPENDIX A
EMISSION GUIDELINES (SUBPART Cc) AND NEW SOURCE
PERFORMANCE STANDARDS (SUBPART WWW), AMENDMENTS
TO SUBPARTS Cc AND WWW AND APPENDIX A - REFERENCE
METHODS (METHOD 2E, METHOD 3C, AND METHOD 25C)
A1 Subparts Cc and WWW of 40 CFR Part 60 can be found as published in the Federal
Register on March 12, 1996 (61 FR 9905) or on the internet at
http://www.epa.gov/docs/fedrgstr/EPA-AIR/1996/March
A2 Amendments to Subparts Cc and WWW appeared as a direct final notice in the Federal
Register on June 16, 1998 (63 FR 32743) and can also be found on the internet at
http://www.epa.gov/docs/fedrgstr/EPA-AIR/1998/June
APPENDIX A1
Subparts Cc and WWW of 40 CFR Part 60 can be found as published in the Federal
Register on March 12, 1996 (61 FR 9905) or on the internet at
http://www.epa.gov/docs/fedrgstr/EPA-AIR/1996/March
Federal Register / Vol. 61, No. 49 / Tuesday, March 12, 1996 / Rules and Regulations 9905
§706.2 Certifications of the Secretary of
the Navy under Executive Order 11964 and
33 U.S.C. 1605.
* * * * *
TABLE FIVE
After
masthead
Masthead
Forward light less
lights not
over all masthead than 1⁄2
light not ship’s Percentage
other
in forward length aft horizontal
Vessel No. lights and
quarter of of for- separation
obstruc-
ship. ward attained
tions.
annex I, masthead
annex I,
sec. 3(a) light.
sec. 2(f)
annex I,
sec. 3(a)
* * * * * * *
USS PAUL HAMILTON .......................................................................................... DDG 60 X X X 20.4
* * * * * * *
Dated: February 25, 1996. (NMOC) and methane. NMOC include comments, (2) a summary of the changes
R. R. Pixa, volatile organic compounds (VOC), made to the standards since proposal,
Captain, JAGC, U.S. Navy, Deputy Assistant hazardous air pollutants (HAPs), and and (3) the final Environmental Impact
Judge Advocate General (Admiralty). odorous compounds. VOC emissions Statement, which summarizes the
[FR Doc. 96–5837 Filed 3–11–96; 8:45 am] contribute to ozone formation which impacts of the standards.
can result in adverse effects to human Docket. Docket No. A–88–09,
BILLING CODE 3810–FF–P
health and vegetation. Ozone can containing supporting information used
penetrate into different regions of the in developing the promulgated
respiratory tract and be absorbed standards, is available for public
ENVIRONMENTAL PROTECTION
through the respiratory system. The inspection and copying between 8:00
AGENCY
health effects of exposure to HAPs can a.m. and 4:00 p.m., Monday through
40 CFR Parts 51, 52, and 60 include cancer, respiratory irritation, Friday, except for Federal holidays at
and damage to the nervous system. the following address: U.S.
[AD–FRL–5437–8]
Methane emissions contribute to global Environmental Protection Agency, Air
RIN 2060–AC42 climate change and can result in fires or and Radiation Docket and Information
explosions when they accumulate in Center (MC–6102), 401 M Street SW.,
Standards of Performance for New structures on or off the landfill site. The Washington, DC 20460 [phone: (202)
Stationary Sources and Guidelines for intended effect of the standards and 260–7548]. The docket is located at the
Control of Existing Sources: Municipal guidelines is to require certain above address in Room M–1500,
Solid Waste Landfills municipal solid waste landfills to Waterside Mall (ground floor). A
control emissions to the level achievable reasonable fee may be charged for
AGENCY: Environmental Protection
by the best demonstrated system of copying.
Agency (EPA).
continuous emission reduction, FORFURTHERINFORMATIONCONTACT: For
ACTION: Final rule and guideline.
considering costs, nonair quality health, information on the regulation of
SUMMARY: This action adds subparts and environmental and energy impacts. municipal solid waste landfills, contact
WWW and Cc to 40 CFR part 60 by EFFECTIVEDATE: Effective on March 12, Ms. Martha Smith, Waste and Chemical
promulgating standards of performance 1996. Processes Group, Emission Standards
for new municipal solid waste landfills ADDRESSES: Background Information Division (MD–13), U.S. Environmental
and emission guidelines for existing Document. The background information Protection Agency, Research Triangle
municipal solid waste landfills. This document for the promulgated Park, North Carolina 27711, telephone
action also adds the source category standards may be obtained from the U.S. number (919) 541–2421.
‘‘municipal solid waste landfills’’ to the EPA Library (MD–35), Research Triangle SUPPLEMENTARYINFORMATION:
priority list in 40 CFR Part 60, §60.16, Park, North Carolina 27711, telephone
Judicial Review
for regulation under section 111 of the number (919) 541–2777. Please refer to
Clean Air Act. These standards and ‘‘Air Emissions from Municipal Solid Under section 307(b)(1) of the Clean
emission guidelines implement section Waste Landfills—Background Air Act, judicial review of the actions
111 of the Clean Air Act and are based Information for Final Standards and taken by this notice is available only by
on the Administrator’s determination Emission Guidelines,’’ EPA–453/R–94– the filing of a petition for review in the
that municipal solid waste landfills 021. The Background Information U.S. Court of Appeals for the District of
cause, or contribute significantly to, air Document contains: (1) A summary of Columbia Circuit within 60 days of
pollution that may reasonably be all the public comments made on the today’s publication of this rule. Under
anticipated to endanger public health or proposed standards and the Notice of section 307(b)(2) of the Clean Air Act,
welfare. The emissions of concern are Data Availability as well as the the requirements that are the subject of
non-methane organic compounds Administrator’s response to these today’s notice may not be challenged
9906 Federal Register / Vol. 61, No. 49 / Tuesday, March 12, 1996 / Rules and Regulations
later in civil or criminal proceedings NSR—new source review Municipal Solid Waste Landfills—
brought by the EPA to enforce these OMB—Office of Management and Background Information for Final
requirements. Budget Standards and Guidelines’’ (EPA 453/R–
The following outline is provided to PSD—prevention of significant 94–021) summarizes all public
aid in locating information in the deterioration comments on the proposed NSPS and
introductory text (preamble) to the final RCRA—Resource Conservation and EG and the EPA responses. For further
standards. Recovery Act discussion of stakeholder and public
VOC—volatile organic compound(s) involvement in the development of the
I. Acronyms, Abbreviations, and
Measurement Units B. Abbreviations and Measurement rules see section III.C. of this preamble.
A. Acronyms Units Recent information suggests that
B. Abbreviations and Measurement Units mercury might be emitted from
C. Conversion Factors and Commonly Used J/scm—joules per standard cubic meter landfills. The EPA is still looking at the
Units m—meter possibility and will take action as
II. Background Mg—megagram appropriate in the future under the
III. Summary of Considerations in mm—millimeter landfill national emission standards for
Developing the Standards and Emission ppm—parts per million hazardous air pollutants.
Guidelines ppmv—parts per million by volume
A. Purpose of the Regulation tpy—tons per year III. Summary of Considerations in
B. Technical Basis of the Regulation yr—year Developing the Standards and Emission
C. Stakeholders and Public Involvement Guidelines
IV. Summary of the Standards, Emission C. Conversion Factors and Commonly
Guidelines, and Methods Used Units A. Purpose of the Regulation
V. Impacts of the Standards and Emission Landfill gas emissions contain
Guidelines 1 meter = 3.2808 feet methane, carbon dioxide, and more than
A. Environmental Impacts 1 megagram = 1.1023 tons = 2204.6
100 different NMOC, such as vinyl
B. Cost and Economic Impacts pounds
chloride, toluene, and benzene. Studies
VI. Significant Changes to the Proposed 1 cubic meter = 35.288 cubic feet =
indicate that MSW landfill gas
Standards and Emission Guidelines 1.3069 cubic yards
A. Design Capacity Exemption 1 cubic meter = 0.0008101 acre-feet emissions can at certain levels have
B. Emission Rate Cutoff Degrees Celsius = (degrees Fahrenheit ¥ adverse effects on both public health
C. Collection System Design Specifications and welfare. The EPA presented
32)/1.8
D. Timing for Well Placement concerns with the health and welfare
E. Operational Standards II. Background effects of landfill gases in the preamble
F. Surface Emission Monitoring to the proposed regulations (56 FR
The United States Environmental
G. Model Default Values
24468).
VII. Permitting Protection Agency (EPA) originally
Briefly, specific health and welfare
A. New Source Review Permits considered regulating MSW landfill
effects from LFG emissions are as
B. Operating Permits emissions under a RCRA subtitle D
follows: NMOC contribute to ozone
VIII. Administrative Requirements rulemaking. However, the Administrator
A. Docket decided to regulate MSW landfill formation; some NMOC are known or
B. Paperwork Reduction Act emissions under the authority of the suspected carcinogens, or cause other
C. Executive Order 12866 noncancer health effects; NMOC can
CAA, and announced the decision in
D. Executive Order 12875 cause an odor nuisance; methane
the Federal Register on August 30, 1988
E. Unfunded Mandate Reform Act emissions present a well-documented
(53 FR 33314). The EPA decided to
F. Regulatory Flexibility Act danger of fire and explosion on-site and
G. Miscellaneous propose regulation of new MSW
off-site, and contribute to global climate
landfills under section 111(b) of the
I. Acronyms, Abbreviations, and change as a major greenhouse gas.
CAA and to propose EG for existing
Measurement Units Today’s rules will serve to significantly
MSW landfills under section 111(d).
reduce these potential problems
The EPA published a proposal of this
The following definitions, acronyms, associated with LFG emissions.
NSPS and EG in the Federal Register on
and measurement units are provided to
May 30, 1991 (56 FR 24468). B. Technical Basis of the Regulation
clarify the preamble to the final rule.
Following the receipt of new data and Today’s regulations are based on
A. Acronyms changes in the modeling techniques, the extensive data analysis and
EPA published a Notice of Data consideration of several alternatives.
BDT—best demonstrated technology
BID—background information Availability in the Federal Register on Prior to proposal, the EPA developed an
document June 21, 1993 (56 FR 33790). extensive data base, using survey
CAA—Clean Air Act Under the authority of section information from approximately 1,200
CERCLA—Comprehensive 111(b)(1)(A) of the CAA, today’s notice landfills, along with emissions
Environmental Response, adds the source category MSW landfills information from literature, State and
Compensation, and Liability Act to the priority list in 40 CFR 60.16 local agencies, and industry test reports.
EG—emission guideline(s) because, in the judgement of the The preamble to the proposed
EPA—Environmental Protection Agency Administrator, it contributes regulations presented a detailed
FR—Federal Register significantly to air pollution which may discussion of the data used to develop
HAP—hazardous air pollutant reasonably be anticipated to endanger the rule and the regulatory alternatives
LFG—landfill gas public health and welfare. Further considered (56 FR 24476).
MSW—municipal solid waste rationale for this finding is contained in After proposal, the EPA continued to
NMOC—nonmethane organic section 1.1.1 of the promulgation BID gather new information and received
compounds (EPA–453/R–94–021). new data through public comments. The
NPV—net present value Today’s notice promulgates the final EPA published this new information in
NSPS—new source performance NSPS and EG for MSW landfills. The a Notice of Data Availability on June 21,
standards promulgation BID ‘‘Air Emissions from 1993 (56 FR 33790). In addition to
Federal Register / Vol. 61, No. 49 / Tuesday, March 12, 1996 / Rules and Regulations 9907
public comments, the EPA held on Enhancing the Intergovernmental Chapter 1 of the promulgation BID (EPA
consultations with industry under the Partnership. 453/R–94–021) presents a complete
authority of Executive Order 12875 (See Major concerns expressed by discussion of the components of the tier
section VIII of this document for a participants in the consultations were system.
detailed discussion of the Executive identified by the EPA. These concerns The BDT for both the NSPS and the
Order). included: the design capacity exemption EG requires the reduction of MSW
Based on the new information, the level, collection system design and landfill emissions from new and
EPA re-assessed the impacts of the monitoring flexibility, and timing of existing MSW landfills emitting 50 Mg/
alternatives and made changes to the well placement. These concerns and yr of NMOC or more with: (1) A well-
final regulation. The most significant others raised at proposal and clarified in designed and well-operated gas
changes to the regulation are the consultations were addressed by collection system and (2) a control
summarized in section VI of this revising the rule as described in section device capable of reducing NMOC in the
preamble. Detailed rationales for these VI of this preamble. collected gas by 98 weight-percent.
changes as well as more minor changes A well-designed and well-operated
IV. Summary of the Standards,
are provided in the final BID (EPA 453/ collection system would, at a minimum:
Emission Guidelines, and Methods
R–94–021). (1) Be capable of handling the maximum
In keeping with the EPA’s common The affected facility under the NSPS expected gas generation rate; (2) have a
sense initiative, several of the changes is each new MSW landfill. MSW design capable of monitoring and
were made to streamline the rule and to landfills are also subject to the adjusting the operation of the system;
provide flexibility. Examples of this requirements of RCRA (40 CFR 257 and and (3) be able to collect gas effectively
streamlining and increased flexibility 258). A new MSW landfill is a landfill from all areas of the landfill that warrant
include focusing control on the largest for which construction, modification, or control. Over time, new areas of the
landfills, removing the gas collection reconstruction commences on or after landfill will require control, so
system prescriptive design the proposal date of May 30, 1991 or collection systems should be designed
specifications, and more reasonable that began accepting waste on or after to allow expansion by the addition of
timing for the installation of collection that date. further collection system components to
wells. All of these changes are discussed The EG require control for certain collect gas, or separate collections
further in section VI of this preamble. existing MSW landfills. An existing systems will need to be installed as the
MSW landfill is a landfill for which new areas require control.
C. Stakeholders and Public Involvement
construction commenced prior to May The BDT control device is a
Prior to proposal, in accordance with 30, 1991. An existing MSW landfill may combustion device capable of reducing
section 117 of the CAA, the EPA had be active, i.e., currently accepting waste, NMOC emissions by 98 weight-percent.
consultations with appropriate advisory or have additional capacity available to While energy recovery is strongly
committees, independent experts, accept waste, or may be closed, i.e., no recommended, the cost analysis is based
Federal departments and agencies. In longer accepting waste nor having on open flares because they are
addition, numerous discussions were available capacity for future waste applicable to all affected and designated
held with industry representatives and deposition. The designated facility facilities regulated by the standards and
trade associations. under the EG is each existing MSW EG. If an owner or operator uses an
After proposal, the EPA provided landfill that has accepted waste since enclosed combustor, the device must
interested persons the opportunity to November 8, 1987. demonstrate either 98-percent NMOC
comment at a public hearing and The final rules (both the NSPS and reduction or an outlet NMOC
through a written comment period. EG) require affected and designated concentration of 20 ppmv or less.
Comment letters were received from 60 MSW landfills having design capacities Alternatively, the collected gas may be
commenters including industry below 2.5 million Mg or 2.5 million treated for subsequent sale or use,
representatives, governmental entities, cubic meters to file a design capacity provided that all emissions from any
environmental groups, and private report. Affected and designated MSW atmospheric vent from the treatment
citizens. A public hearing was held in landfills having design capacities system are routed to a control device
Research Triangle Park, North Carolina, greater than or equal to 2.5 million Mg meeting either specification above.
on July 2, 1991. This hearing was open or 2.5 million cubic meters are subject The standards and EG require that
to the public and five persons presented to the additional provisions of the three conditions be met prior to capping
oral testimony on the proposed NSPS standards or EG. or removal of the collection and control
and EG. The final standards and EG for MSW system: (1) The landfill must be
On June 21, 1993, a supplemental landfill emissions require the periodic permanently closed under the
notice of data availability to the May 30, calculation of the annual NMOC requirements of 40 CFR 258.60; (2) the
1991 proposal appeared in the Federal emission rate at each affected or collection and control system must have
Register (58 FR 33790). The notice designated facility with a maximum been in continuous operation a
announced the availability of additional design capacity greater than or equal to minimum of 15 years; and (3) the
data and information on changes in the 2.5 million Mg or 2.5 million cubic annual NMOC emission rate routed to
EPA’s modelling methodology being meters. Those that emit more than 50 the control device must be less than the
used in the development of the final Mg/yr are required to install controls. emission rate cutoff on three successive
NSPS and EG for MSW landfills. Public The final rules provide a tier system dates, between 90 and 180 days apart,
comments were requested on the new for calculating whether the NMOC based upon the site-specific landfill gas
data and comment letters were received emission rate is less than or greater than flow rate and average NMOC
from seven commenters. 50 Mg/yr, using a first order concentration.
Since the Notice of Data Availability, decomposition rate equation. The tier Section VI.E. of this preamble
the EPA has held several consultations system does not need to be used to describes a new section of the NSPS,
with State, local, and industry model the emission rate if an owner or §60.753, ‘‘Operational Standards for
representatives in accordance with the operator has or intends to install Collection and Control Systems.’’ The
October 26, 1993 Executive Order 12875 controls that would achieve compliance. EG also refer to this section. The
9908 Federal Register / Vol. 61, No. 49 / Tuesday, March 12, 1996 / Rules and Regulations
provisions in this section include: (1) consistency with the final compliance year. Because of the variability of
Collection of gas from each area, cell or requirements. emission reductions and costs of the
group of cells in which non-asbestos final standards and EG over time, the
V. Impacts of the Standards and
degradable solid waste has been placed EPA judged that the NPV of an impact
Emission Guidelines
for a period of 5 years or more for active is a more valuable tool in the decision
areas or 2 years or more for closed areas; A. Environmental Impacts of process for landfills and has used NPV
(2) operation of the collection system Promulgated Action in the development of both the proposal
with each wellhead under negative The estimated environmental impacts and final nationwide impacts. The NPV
pressure, with a nitrogen level less than have changed somewhat from those is computed by discounting the capital
or equal to 20 percent (revised from 1 presented in the preamble to the and operating costs and emission
percent in the proposal, based on public proposed regulations as a result of reductions that will be incurred
comments) or an oxygen level less than changes in the final rules and changes throughout the control periods to arrive
or equal to 5 percent (a new provision); in the estimation methodology. These at a measure of their current value. In
(3) operation with a landfill gas changes were made in response to this way, the NPV accounts for the
temperature less than 55 (cid:176) C (a new public comments. Additional data were unique emission patterns of landfills
provision) at each well transporting the also incorporated and are described in when evaluating nationwide costs and
collected gases to a treatment or control the supplemental Notice of Data benefits over different discrete time
device designed and operated in Availability (56 FR 33790). The analysis periods for individual sources. Thus,
compliance with §60.752(b)(2)(iii) of of environmental impacts presented in the impacts presented include both
the NSPS and operated at all times this document, along with the proposal annualized estimates and estimates
when the collected gas is vented to it; and promulgation BID’s, and expressed in terms of NPV in 1992.
memoranda in the docket constitute the
and (4) a requirement that the collection 1. Air Emissions
Environmental Impact Statement for the
system be operated to limit the surface
final standards and guidelines. The methodology for estimating the
methane concentration to 500 ppm or
For most NSPS, emission reductions impacts of the NSPS and EG is
less over the landfill as determined
and costs are expressed in annual terms. discussed in the proposal BID and in
according to a specified monitoring
In the case of the NSPS and EG for memoranda in the docket. The analysis
pattern.
landfills, the final regulations require of impacts for the NSPS is based on new
Owners and operators must determine controls at a given landfill only after the landfills (beginning construction after
compliance with the standards for the increasing NMOC emission rate reaches May 30, 1991) that are projected to
collection systems and control devices the level of the regulatory cutoff. The begin accepting waste over the first 5
according to §60.755. Changes made to controls are applied when the emissions years of the standards. The NPV of the
the final compliance determination and exceed the threshold, and they must emission reduction achieved by the
monitoring procedures as a result of remain in place until the emissions drop final standards is estimated to be 79,300
comments are discussed in detail in the below the cutoff. However, this process Mg, which reflects a 50 percent
BID (EPA 453/R–94–021). The §§60.757 could take as long as 50 to 100 hundred reduction from the NPV of the baseline
and 60.758 of the NSPS and §60.35(c) years for some landfills. During the emissions of 160,000 Mg. Substantial
of the EG contain recordkeeping and control period, costs and emission reduction of methane emissions is also
reporting requirements. Changes have reductions will vary from year to year. achieved. Table 1 presents the emission
been made to the recordkeeping and Therefore, the annualized numbers for reductions of the final NSPS in
reporting requirements to allow for any impact will change from year to annualized values as well as NPV.
TABLE 1.—SUMMARY OF EMISSION REDUCTION AND COST IMPACTS FOR THE NSPS
NPV Annualized
Baseline NMOC Emissionsa(Mg) ........................................................................................................................... 160,000 13,400
NMOC Emission Reductions (Mg)........................................................................................................................... 79,300 4,860
% NMOC Emission Reduction ................................................................................................................................ 50% 36%
Baseline Methane Emissionsa(Mg) ........................................................................................................................ 10,600,000 899,000
Methane Emission Reductionb(Mg) ....................................................................................................................... 3,890,000 193,000
% Methane Emission Reduction ............................................................................................................................. 37% 21%
Cost (Million $) ......................................................................................................................................................... 97 4
aIn the absence of an NSPS. This does not include landfills closed prior to November 8, 1987.
bThis does not enclude landfills expected to undertake profitable energy recovery.
For existing landfills, the NPV of the Mg. Table 2 presents the emission not include landfills expected to
NMOC emission reduction achieved by reductions of the final EG in annualized undertake profitable energy recovery.
the final EG is estimated to be 1.1 values as well as NPV. Note that the Total methane reductions are
million Mg, or a 53 percent reduction baseline methane emissions do not anticipated to be on the order of 7
from a baseline of 2.07 million Mg include landfills closed prior to million megagrams in the year 2000.
(NPV). The NPV of the methane November 8, 1987, and that methane
reduction is estimated to be 47 million reductions shown in Tables 1 and 2 do
Federal Register / Vol. 61, No. 49 / Tuesday, March 12, 1996 / Rules and Regulations 9909
TABLE 2.—SUMMARY OF EMISSION REDUCTION AND COST IMPACTS FOR THE EMISSION GUIDELINES
NPV Annualized
Baseline NMOC Emissionsa(Mg) ........................................................................................................................... 2,070,000 145,000
NMOC Emission Reductions (Mg)........................................................................................................................... 1,100,000 77,600
% NMOC Emission Reduction ................................................................................................................................ 53% 54%
Baseline Methane Emissionsb(Mg) ........................................................................................................................ 120,000,000 8,440,000
Methane Emission Reduction (Mg) ......................................................................................................................... 47,000,000 3,370,000
% Methane Emission Reduction ............................................................................................................................. 39% 40%
Cost (Million $) ......................................................................................................................................................... 1,278 90
aIn the absence of EG. This does not include landfills closed prior to November 8, 1987.
bThis does not enclude landfills expected to undertake profitable energy recovery.
As existing landfills are filled, closed, resulting from the control requirements determined relevant and appropriate for
and replaced by new landfills, the may cause greater use of waste recycling sites that accepted wastes prior to
actual annual emissions reductions and other alternatives to landfill November 8, 1987. The determination of
achieved by the guidelines will disposal, leading to a decrease in relevance and appropriateness is made
decrease, while the reductions achieved landfill use. However, quantification of on a site-specific basis pursuant to 40
by the standards will increase. such an impact is not possible at this CFR 300.400(g) (55 FR 8841, March 8,
Certain by-product emissions, such as time. 1990). Because the NSPS and EG apply
NOX, CO, SOX, and particulates, may be only to landfills with design capacities
4. Superfund Sites
generated by the combustion devices greater than or equal to 2.5 million Mg
used to reduce air emissions from MSW Municipal solid waste landfill sites or 2.5 million cubic meters, the
landfills. The types and quantities of comprise approximately 20 percent of collection and control requirements may
these by-product emissions vary the sites placed by the EPA on the not be relevant and appropriate for
depending on the control device. national priorities list. Often, remedial smaller landfills.
However, by-product emissions are very actions selected at these sites include Given the significant public policy
low compared to the achievable NMOC venting methane and volatile organic benefits that result from the collection
and methane emission reductions. contaminants, which would be and processing of landfill gas, Congress,
Chapters 4 and 6 of the proposal BID controlled as necessary to protect as part of the 1986 SARA Amendments,
(EPA–450/3–90–011a) present human health and the environment. enacted CERCLA Section 124 to provide
additional information about the The final NSPS and EG may affect broad liability protection for companies
magnitude of potential secondary air remedial actions under Superfund for engaged in landfill gas recovery or
impacts. MSW landfills. Section 121(d)(2) of processing. Landfill gas emissions, in
2. Water CERCLA requires compliance with the addition to being a significant source of
substantive standards of applicable or air pollution, can leach underground
Landfill leachate is the primary
relevant and appropriate requirements and cause explosions in nearby
potential source of water pollution from
(ARAR) of certain provisions in other residences. If recovered, landfill gas
a landfill. Although there is no data on
environmental laws when selecting and could supply as much as 1 percent of
the effect of gas collection on leachate
implementing on-site remedial actions. the U.S. energy requirements.
composition, the amount of water
‘‘Applicable’’ requirements specifically CERCLA Section 124 states that
pollution present as NMOC in the
address a hazardous substance, owners or operators of equipment
leachate may be reduced under these
pollutant, contaminant, remedial action, installed ‘‘for the recovery or processing
standards and guidelines.
location, or other circumstance at a (including recirculation of condensate)
When LFG is collected, organics and
Superfund site. ‘‘Relevant and of methane’’ shall not be liable as a
water are condensed inside the header
appropriate’’ requirements are not CERCLA ‘‘owner or operator’’ under
pipes of the gas collection system. This
legally applicable, but may address CERCLA Section 101 (20) nor shall they
waste also contains NMOC and various
problems or situations sufficiently be deemed ‘‘to have arranged for
toxic substances present in the LFG. The
pH of this condensate is normally similar to those encountered so that disposal or treatment of any hazardous
adjusted by adding caustic at the their use is well suited to a particular substance* * *’’ pursuant to CERCLA
landfill and then routing it to a public site. See 40 CFR 300.5 (55 FR 8814, Section 107. Exceptions are provided (1)
treatment works where it would be 8817, March 8, 1990). where a release is primarily caused by
treated and discharged. At this time, These air emission rules will apply to activities of the landfill gas owner/
there is insufficient data available to new MSW landfills, as well as to those operator or (2) where such owner/
quantify the effects of the rule on facilities that have accepted waste since operator would be otherwise liable due
leachate. November 8, 1987, or that have capacity to activities unrelated to methane
available for future use. For CERCLA recovery.
3. Solid Waste
municipal landfill remediations, these Since passage of CERCLA section 124,
The final NSPS and EG will likely requirements would be potential ARAR methane emissions have been targeted
have little impact on the quantity of for all Records of Decision signed after by the EPA as a large contributor to
solid waste generated nationwide. Aside the date of promulgation. These NSPS global warming (18 percent) and
from the disposal of the collection and and EG will be applicable for those landfills are one of the largest source of
control system equipment once it can be MSW landfill sites on the national methane emissions (36 percent).
removed from the landfill, no other priorities list that accepted waste on or Because of this, the EPA’s Atmospheric
solid wastes are expected to be after November 8, 1987, or that are Pollution Prevention Division has
generated by the required controls. The operating and have capacity for future initiated the Landfill Methane Outreach
increased cost of landfill operation use. These standards may also be Program to promote landfill gas
9910 Federal Register / Vol. 61, No. 49 / Tuesday, March 12, 1996 / Rules and Regulations
collection projects at the 750 landfills of the equipment, or unless such owners for existing combustors (56 FR 5488 and
where methane could profitably be or operators would be otherwise liable 5514).
recovered. Methane recovery, as under CERCLA. The incremental costs and benefits of
compared with collection and flaring of the different options are presented in
B. Energy and Economic Impacts of
landfill gas without recovery, results in tables 3, 4, 5, and 6 in section VIII.E. For
Promulgated Action
significantly less emissions. It also can NMOC, the average cost effectiveness is
greatly reduce the financial burden on The energy and economic impacts are approximately $1,200/Mg for both the
local governments (as well as taxpayers) summarized in chapter 1 and fully NSPS and the EG. Preliminary economic
since the energy recovered can be sold discussed in chapter 3 and appendix A analysis indicates that the annual cost of
to utilities or other consumers and of the promulgation BID (EPA–453/R– waste disposal may increase by an
thereby create a revenue stream that 94–021). The estimated impacts have average of approximately $0.60 per Mg
may cover the costs of collection and changed somewhat as a result of for the NSPS and $1.30 per Mg for the
recovery. changes in the final rules and changes EG. Costs per household would increase
The EPA is aware that the standards in the impacts estimation methodology approximately $2.50 to $5.00 per year,
and guidelines promulgated today for made in response to public comments. when the household is served by a new
control of emissions at municipal solid or existing landfill, respectively.
waste landfills may change the focus of 1. Energy Impacts Additionally, less than 10 percent of the
the landfill gas collection and households would face annual increases
Affected and designated landfills with
processing for methane recovery. The of $15 or more per household as a result
NMOC emission rates of 50 Mg/yr or
landfill gas owner/operator will now of the final EG. However, the EPA
more are required to install a gas
need to consider how the collection and anticipates that many landfills will elect
collection system and control device.
recovery of methane will impact on to use energy recovery systems, and
The gas collection system would require
controlling the MSW landfill emissions. costs per household for those areas
a relatively small amount of energy to
It is also likely that the landfill gas would be less. The EPA has concluded
run the blowers and the pumps. If a
owner/operator will be asked to advise that households would not incur severe
flare is used for control, auxiliary fuel
and in some cases help implement the economic impacts. For additional
should not be necessary because of the
MSW landfill’s compliance obligations. information, please refer to the
high heat content of LFG, commonly
These related objectives, the control of 1.86 · 107J/scm or more. If a recovery regulatory impact analysis (Docket No.
emissions at municipal solid waste A–88–09, Item No. IV–A–7) and chapter
device such as an internal combustion
landfills in order to comply with the 3 of the promulgation BID (EPA–453/R–
(I.C.) engine or a gas turbine is used, an
Clean Air Act Amendments and the 94–021).
energy savings would result.
reduction of methane emissions in order
The EPA evaluated the overall energy VI. Significant Changes to the Proposed
to mitigate global warming, will need to
impacts resulting from the use of flares, Standards and Emission Guidelines
be coordinated in carrying out common
activities such as laying a system of I.C. engines, or gas turbines for control All of the significant public comments
collection piping at a given landfill. of collected emissions at all affected received on the proposed standards and
In promulgating today’s standards and landfills. The least cost control option EG and the Notice of Data Availability
guidelines, the EPA wants to promote was identified by taking the NPV costs are addressed in the promulgation BID
the policy incorporated in CERCLA of the three control options (flares, I.C. (EPA–453/R–94–021). This section of
Section 124. Recognizing the chilling engines, and turbines), including any the preamble reviews the major changes
effect that potential CERCLA liability cost savings from the use of recovered to the standards and EG resulting from
might otherwise have on landfill gas landfill gas, and determining the option public comments. A more detailed
collection or processing activities, the that costs the least. If landfills use the rationale for these changes is provided
EPA interprets CERCLA Section 124 in least cost control device, it is estimated in chapters 1 and 2 of the promulgation
a manner that will encourage the that the NSPS will produce $170 BID (EPA–453/R–94–021).
beneficial recovery of methane. million of energy revenue as NPV in
A. Design Capacity Exemption
Specifically, EPA believes that Congress 1992. The EG are estimated to generated
intended Section 124 to provide liability $1.5 billion of energy revenue as NPV in A design capacity exemption of
protection to owners and operators of 1992, if the least cost control device is 100,000 Mg was included in the
equipment for the recovery or used. proposed NSPS and EG to relieve
processing of methane with respect to owners and operators of small landfills
2. Control Costs and Economic Impacts
all phases involved in landfill gas that the EPA considered unlikely to
collection and methane processing. This Nationwide annualized costs for emit NMOC above the emission rate
includes any assistance (related to collection and control of air emissions cutoff requiring control from undue
recovery or processing of methane) from new MSW landfills are estimated recordkeeping and reporting
provided by the landfill gas equipment to be $4 million. The nationwide cost of responsibilities. Commenters indicated
owner or operator to the landfill owner/ the EG would be approximately $90 that the exemption level was too low,
operator for achieving compliance with million. These values are annualized and would still impact many small
the emission standards promulgated costs. Tables 1 and 2 present costs in businesses and municipalities. In
today or similar Federal, State, or local both annualized and NPV values. In response to these comments and as a
controls on landfill emissions. In comparison to other solid waste-related result of changes to the nationwide
general, Section 124 will be interpreted rules, the nationwide costs of the impacts analysis, the design capacity
in a manner to provide owners and recently promulgated RCRA Subtitle D exemption in the final NSPS was
operators of equipment for the recovery (40 CFR 257 and 258) rule are estimated revised to 2.5 million Mg. The 2.5
or processing of methane with to be $300 million per year and the million Mg exemption level would
comprehensive protection from estimated nationwide costs of the MWC exempt 90 percent of the existing
CERCLA liability, unless the release or rules promulgated in 1991 are estimated landfills while only losing 15 percent of
threatened release was primarily caused to be $170 million per year for new the total NMOC emission reduction.
by activities of the owners and operators combustors and $302 million per year Most of the exempt landfills are owned
Federal Register / Vol. 61, No. 49 / Tuesday, March 12, 1996 / Rules and Regulations 9911
by municipalities. The 2.5 million Mg capacity corresponds to cities greater allows sources to design their own
level was chosen to relieve as many than about 125,000 people. On the collection systems. Design plans must
small businesses and municipalities as whole, large landfills service areas with meet certain requirements and be signed
possible from the regulatory large population. A reasonable by a registered professional engineer,
requirements while still maintaining assumption is that many of these large and are subject to agency approval.
significant emission reduction. landfills are in the 400 counties that These changes were made to provide
This cutoff excludes those landfills have been designated as urban ozone flexibility and encourage technological
who would be least able to afford the nonattainment areas and are developing innovation.
costs of a landfill gas collection and plans to address ozone nonattainment.
D. Timing for Well Placement
control system and are less likely to Finally, the new data and modeling
have successful energy recovery methodologies, which were published The proposed regulations required the
projects. However, depending on site- in the Notice of Data Availability on installation of collection wells at
specific factors including landfill gas June 21, 1993, significantly reduced the applicable landfills within 2 years of
characteristics and local markets, some emission reduction and corresponding initial waste placement. Commenters
landfills smaller than the design effectiveness of the rule. Therefore, a indicated that the installation of wells
capacity exemption level may be able to more stringent emission rate cutoff within 2 years was not practiced at
make a profit by installing collection would achieve similar emission many landfills, because many cells were
and control systems that recover energy. reductions at similar cost effectiveness still active (receiving waste) 2 years after
While the rule does not require control to the proposed rule. initial placement. Collection wells
of landfills smaller than 2.5 million Mg, Based on all of these reasons, the EPA installed at these cells would have to be
the EPA encourages energy recovery in reevaluated the stringency level and covered over, which would decrease the
cases where it is profitable. The EPA has chose an emission rate cutoff of 50 Mg/ operational life of the well and be costly
developed a Landfill Methane Outreach yr of NMOC for the final rules. This and inefficient.
Program to encourage more widespread revision would affect more landfills The proposed timing for the
utilization of landfill gas as an energy than the proposal value of 150 Mg/yr of placement of collection wells has been
source. Information can be obtained by NMOC; however, the 50 Mg/yr of revised to reduce costs and better
calling the Landfill Methane Outreach NMOC will only affect less than 5 coincide with common operational
Program Hotline at (202) 233–9042. percent of all landfills and is estimated practices at MSW landfills. The final
Available publications are identified in to reduce NMOC emissions by regulation allows for well installation
section 1.2.1 of the promulgation BID. approximately 53 percent and methane up to 5 years from initial waste
Since some landfills record waste by emissions by 39 percent. The 150 Mg/ placement for active cells. An area that
volume and have their design capacities yr emission rate cutoff would have reaches final grade or closure must
calculated in volume, the EPA also reduced NMOC emissions by 45 percent install collection wells within 2 years of
established an equivalent design and methane emissions by 24 percent. initial waste placement.
capacity exemption of 2.5 million m3of The incremental cost effectiveness of
E. Operational Standards
waste. The density of solid waste within control of going from a 150 Mg/yr cutoff
different landfills varies depending on level to a 50 Mg/yr cutoff level is In response to commenters concerns
several factors, including the $2,900/Mg NMOC reduction for new about the operation of collection
compaction practices. Any landfill that landfills and $3,300/Mg for existing systems, the final NSPS contains a new
reports waste by volume and wishes to landfills. section, §60.753, ‘‘Operational
establish a mass design capacity must The values for NMOC cost Standards for Collection and Control
document the basis for their density effectiveness do not include any credit Equipment.’’ Various operational
calculation. for the benefits for toxics, odor, provisions that had previously been
explosion control, or the indirect benefit located throughout the proposed rule
B. Emission Rate Cutoff of methane control. A revised cost have been organized under this one
Some commenters asserted that the effectiveness could be calculated with section, and new provisions on
proposed emission rate cutoff of 150 an assumed credit value for one or more collection and control systems have
Mg/yr should be made more stringent, of the other benefits. As an example, been added. The new section addresses
while others favored the proposal cutoff assuming a $30/Mg credit for the the following areas: (1) Collection of gas
or higher. The commenters favoring the methane emission reduction, the from active areas containing solid waste
more stringent level indicated that the incremental cost effectiveness from the older than 5 years (changed from 2 years
EPA’s data on NMOC concentration, the proposal cutoff of 150 Mg/yr to the final at proposal); (2) operation of the
benefits of energy recovery and reduced cutoff of 50 Mg/yr would be reduced to collection system with negative pressure
global warming, and the reduced health $660/Mg NMOC. at each wellhead (except as noted in the
risks all supported an increased rule); (3) operation of the collection
C. Collection System Design
stringency level. system with a landfill temperature less
The Climate Change Action Plan, Specifications than 55(cid:176) (or a higher established
signed by the President in October, Commenters indicated that the temperature) and either an N2level less
1993, calls for EPA to promulgate a proposed design specifications for the than or equal to 20 percent or an O2
‘‘tough’’ landfill gas rule as soon as collection system were overly level less than or equal to 5 percent; (4)
possible. This initiative also supports a prescriptive, discouraged innovation, operation of the collection system with
more stringent emission rate cutoff that and did not prevent off-site migration of a surface concentration less than 500
will achieve greater emission reduction. LFG. In the new §60.759 for design ppm methane; (5) venting all collected
Due to the small-size exemption, only specifications, certain criteria still gases to a treatment or control device;
landfills with design capacities greater require proper landfill gas collection; and (6) operation of the treatment or
than 2.5 million Mg of waste or 2.5 however, the proposed design control device at all times when the
million cubic meters of waste will be specifications for the LFG collection collected gas is routed to the control
affected by this rule. It is estimated that system were removed from the final device. The numerical requirements (for
a landfill of 2.5 million Mg design regulations. Instead, the final rule the N or O levels, landfill temperature,
2 2
9912 Federal Register / Vol. 61, No. 49 / Tuesday, March 12, 1996 / Rules and Regulations
and surface concentration) are new The Tier 1 default values of k, Lo, and subject to standards under section 111
requirements that will verify that the C tend to overstate NMOC because they are not required to put on
NMOC
system is being adequately operated and emission rates for most landfills, and are controls and are not subject to emission
maintained. In conjunction with the intended to be used to indicate the need limits. These landfills are subject to a
new operational provisions, the to install a collection and control system reporting requirement under the section
compliance, testing and monitoring or perform a more detailed Tier 2 111 rule; however, this requirement
sections were revised to reference and analysis. It is recommended that these determines applicability of the standard
support these new or relocated default values not be used for estimating and does not make them ‘‘subject’’ for
provisions. landfill emissions for purposes other the purposes of part 70. Consequently,
than the NSPS and EG. The EPA landfills below 2.5 million Mg design
F. Surface Emission Monitoring
document ‘‘Compilation of Air Pollution capacity are not subject to part 70,
Numerous commenters asserted that Emission Factors’’ (AP–42) provides provided they are not major sources;
the proposed rules did not address emission estimation procedures and and this is stated in §60.752(a) of the
surface methane emissions resulting default values that can be used for rule. If landfills below 2.5 million Mg
from insufficient well spacing or from emissions inventories and other design capacity are major sources, they
breaks in the cover material. The purposes. must obtain a part 70 permit under the
commenters recommended that same deadlines and requirements that
VII. Permitting
monitoring of surface emissions be apply to any other major source. States
required to ensure the proper operation A. New Source Review Permits may request additional information to
of collection system equipment. Upon Today’s rulemaking under section verify whether landfills have the
further analysis, the EPA decided to 111(b) establishes a new classification of potential to emit at major source levels.
require surface emission monitoring and pollutants subject to regulation under For landfills above the 2.5 million Mg
the maintenance of negative pressure at the CAA: ‘‘MSW landfill emissions.’’ design capacity exemption, part 70
all wells, except under specified Therefore, PSD rules now apply to all operating permits are required. These
conditions, to ensure proper collection subject stationary sources which have landfills are subject to emission limits
system design and operation. Based on increases in landfill gas above the and will most often be major sources.
information submitted by commenters, a significance level, 50 tpy or more of Since landfill emissions increase over
maximum surface concentration of 500 NMOC. Landfills below the 2.5 million time, a landfill over 2.5 million Mg may
ppm methane should be demonstrated Mg design capacity exemption, which not be major in the beginning; however,
to indicate proper operation of the are not required by the regulations to as the landfill progresses to capacity, it
collection system. Monitoring is to be install controls, may exceed this may become major. Many of the
done quarterly, with provisions for significance level. In this case, the State landfills above the 2.5 million Mg
increasing monitoring and corrective will need to determine if controls exemption will be required to collect
procedures if readings above 500 ppm should be installed for purposes of PSD and control the gas under the regulation.
are detected. Instrumentation or NSR compliance. The issuance of a permit will also help
specifications, monitoring frequencies, The proposed significance level for enforce and implement the standard.
and monitoring patterns have been MSW landfill emissions of 40 tpy of Therefore, the EPA has decided to
structured to provide clear and straight- NMOC was changed to 50 tpy after require permits for all landfills with
forward procedures that are the consideration of public comments. The design capacities above 2.5 million Mg,
minimum necessary to assure PSD significance level for VOC whether or not the landfill will be
compliance. emissions is 40 tpy. At proposal, the required to install a collection and
control system.
G. Model Default Values landfill gas emission level was set at 40 The regulation also provides for
tpy of NMOC to be consistent with the
termination of operating permits.
The EPA received additional data 40 tpy level for VOC. However, NMOC
Landfill emissions, unlike emissions
after proposal on the model defaults that contains organic compounds that are
from other source categories, decrease
were included in the tier system not VOC. An NMOC emission rate of
over time after the landfill is closed. If
calculations. These default values are roughly 50 tpy corresponds to a VOC
a landfill has closed and a control
used to calculate whether the NMOC emission rate of 40 tpy.
system was never required or the
concentration is above the cutoff level The components of MSW landfill
conditions for control system removal
for control requirements of 50 Mg/yr. emissions that are regulated as
specified in the regulation have been
The new information received lead the pollutants or precursors of an air
met, an operating permit is no longer
EPA to revise the default values for the pollutant listed under section 108 of the
necessary.
site-specific methane generation rate CAA are also regulated by other
constant (k), the methane generation provisions of CAA as applicable. For VIII. Administrative Requirements
potential (Lo), and the NMOC example, the components of MSW
A. Docket
concentration (CNMOC). In the absence of landfill emissions that are emitted as
site-specific data, the landfill owner or photochemically reactive VOCs are The docket (Docket No. A–88–09) is
operator would use the default values regulated, as applicable, under the an organized and complete file of all the
for k, Lo, and CNMOCin order to estimate nonattainment provisions for ozone information considered by the EPA in
the annual NMOC emission rate. More contained in part D of title I of the CAA. the development of this rulemaking.
information on the model defaults may The docket is a dynamic file, since
B. Operating Permits
be found in the final BID (EPA–453/R– material is added throughout the
94–021) and the memorandum Section 502 of the CAA and §70.3(a) rulemaking development. The docketing
‘‘Documentation of Small-Size require any source subject to standards system is intended to allow members of
Exemption Cutoff Level and Tier 1 or regulations under section 111 of the the public and industries involved to
Default Values (Revised),’’ October 21, CAA to obtain part 70 operating readily identify and locate documents
1993, (Docket No. A–88–09, Item No. permits. However, landfills below 2.5 so that they can effectively participate
IV–B–5). million Mg design capacity are not in the rulemaking process. Along with