SCS Engineers periodically prepares SCS Technical Bulletins – short, clear summaries of U.S. Environmental Protection Agency (EPA) rules and plans. On May 21, 2021, the EPA published a Federal Plan to implement the new Emission Guideline (EG) rule for municipal solid waste (MSW) landfills. The Federal Plan is published under Title 40 of the Code of Federal Regulations (CFR) Part 62, Subpart OOO.
Read, share, download the Federal Plan for Landfill EG Rule Tech Bulletin here.
(40 CFR Part 60, Subpart OOO)
On May 21, 2021, EPA published the final MSW Landfills Federal Plan, which implements the 2016 Emission Guidelines (EG Subpart Cf) under 40 CFR Part 62 Subpart OOO. The Federal Plan becomes effective June 21, 2021, and impacts landfills that have not triggered NSPS Subpart XXX requirements and landfills located in states and Indian country without EPA-approved EG Cf rules.
Affected are MSW landfills that commenced construction on or before July 17, 2014, and have not been modified or reconstructed since July 17, 2014.
The Federal Plan requires existing landfills that reach an annual emissions threshold of 34 metric tons of nonmethane organic compounds (NMOC) or more to install a system to collect and control landfill gas (GCCS). It also implements various emission limits, compliance schedules, testing, monitoring, reporting and recordkeeping requirements for GCCSs established in the 2016 Emission Guidelines for MSW Landfills.
The Federal Plan also establishes a definition for “legacy controlled landfills.” These are landfills that have previously satisfied the requirement to submit an initial design capacity report, initial (or annual) NMOC emission rate reports, and collection and control system design plan under 40 CFR part 60, subpart WWW; 40 CFR part 62, subpart GGG; or a state/tribal plan implementing 40 CFR part 60, subpart Cc.
If you are subject to the Federal Plan and are not a “legacy controlled landfill,” you must submit a design capacity report by September 20, 2021. And if the design capacity report indicates a capacity equal to or greater than 2.5 million Mg and 2.5 million m3 of solid waste, you must also submit an initial NMOC emission rate report within 90 days after the effective date of the Federal Plan (September 20, 2021).
SCS is working to develop a Technical Bulletin for distribution to our mailing list and on social media. The Bulletin will consolidate the Final Rule into several pages highlighting significant dates and key impacts for you.
SCS Engineers is expanding its environmental expertise with Nathan Williams, PE, as an Environmental Engineer in the firm’s Portland, Oregon office. Williams will support SCS’s growing client base in the region to meet and remain compliant with local, state, and federal regulations that impact their business or municipality, with particular emphasis on stormwater compliance and management.
Washington, Oregon, and Idaho clients have regulatory requirements that include Compliance Audits, Spill Prevention and Countermeasure Plans (SPCC), Stormwater Pollution Control Plans (SWPCP), Air Pollution Control Discharge Permits, Risk Management Plans, Form R reports and Resource Conservation and Recovery Act (RCRA) Part B. These plans and permits address regulatory requirements and help protect watersheds and wetlands that provide drinking water to downstream communities, habitat for fish and wildlife, and countless other public and economic benefits.
Williams brings expertise and credentials to provide comprehensive stormwater management services to support businesses in the region ranging from vineyards to landfills. His experience includes working on permitting and remediating contaminated sites for industrial, residential, and power generation reuse across Oregon and Washington.
As a Certified Erosion and Sediment Control Lead, Williams has extensive experience in erosion and sediment control projects, from design, permitting, implementation, and project closeout with final stabilization. Combining these skillsets helps businesses continue to deliver products and services on schedule as they encounter increasingly rigid compliance regulations.
As with all SCS Engineers employee-owners, Nathan Williams engages in industry associations and his community. Learn about Nathan and how his work on the SCS team helps municipalities, all citizens, and businesses thrive.
About SCS Engineers
SCS Engineers’ environmental solutions and technology directly result from our experience and dedication to industries responsible for safeguarding the environment as they deliver services and products. For information about SCS, watch a short video, visit our website, or follow us on your favorite social media.
(40 CFR Part 60, Subpart OOO)
EPA is submitting a pre-publication copy of the final MSW Landfills Federal Plan to implement the Emission Guidelines (EG) and Compliance Times issued on May 10, 2021. The Final Plan becomes effective 30 days after publication in the Federal Register, impacting any remaining landfills without approved EG Cf rules.
EPA’s federal plan includes an inventory of designated facilities and an estimate of emissions from those designated facilities. The Agency estimates 1,590 landfills will potentially be covered in 42 states and the US territories of Puerto Rico and the Virgin Islands, and one tribal entity.
SCS Engineers is preparing a Technical Bulletin for distribution to our mailing list and on social media. The Bulletin will consolidate 133 pages into several pages highlighting significant dates and impacts for you.
Affected are MSW landfills that commenced construction on or before July 17, 2014, and have not been modified or reconstructed since July 17, 2014.
EPA is implementing emission guideline requirements for existing MSW landfills located in states and Indian country where state plans or tribal plans are not currently in effect because they were not submitted or approved.
The Final 2016 Emission Guidelines for MSW Landfills require existing landfills that reach a landfill gas emissions threshold of 34 metric tons of nonmethane organic compounds (NMOC) or more per year to install a system to collect and control landfill gas (GCCS).
It also implements the emission limits, compliance schedules, testing, monitoring, reporting and recordkeeping requirements established in the Emission Guidelines for MSW Landfills.
Unless the landfill is a legacy controlled landfill, owners or operators of MSW landfills subject to the MSW Landfills Federal Plan must submit a design capacity report within 90 days after the effective date of the Federal plan (40 CFR 62.16724(a)).
Should the design capacity report indicate a capacity equal to or greater than 2.5 million Mg and 2.5 million m3 of solid waste a landfill can accept; then, an annual NMOC emission rate report must also be submitted within 90 days after the effective date of the Federal plan, and then every 12 months until the landfill installs a GCCS (40 CFR 62.16724(c)).
You may find a copy here on EPA’s website.
Contact your SCS project manager or for assistance. Follow us on Twitter, LinkedIn, or Facebook to receive EPA alerts and SCS Technical Bulletins, along with other news.
SCS Engineers is expanding its environmental expertise hiring Richard Southorn, PE and PG, as Project Director in the firm’s St. Charles, Illinois office. Richard is a Professional Engineer in 13 states and a Professional Geologist in Illinois and Delaware. He will support SCS clients with their coal combustion residual (CCR) and municipal solid waste projects, including facilities for composting and the safe management of hazardous wastes.
As a Project Director, he runs teams providing comprehensive services ranging from construction plan development to full-scale design services. His client responsibilities include the coordination and supervision of the project teams made up of professional engineers, geologists, technicians, planners, and support staff.
Richard has expertise in developing site layouts and analyzing designs for multiple landfill facilities. These designs fit within the comprehensive environmental services landfill operators need to manage these complex, integrated systems. Richard’s design approach for landfill infrastructure integrates the elements that all play a role in environmental due diligence, including the landfill base and final cover liner systems, leachate extraction and cleanout systems, landfill gas control systems, and stormwater management controls.
As a licensed Professional Geologist, Southorn also oversees geotechnical stability evaluations, stormwater modeling, and the design and evaluation of landfill gas systems that minimize greenhouse gases. He has overseen many hydrogeological investigations that characterize subsurface stratigraphy, hydrology and hydrogeology, protecting groundwater for safer and more efficient facilities.
As with all SCS Engineers employee-owners, Richard engages in industry associations and his community. Learn about Richard Southorn and how SCSs’ work protects all citizens.
About SCS Engineers
SCS Engineers’ environmental solutions and technology directly result from our experience and dedication to industries responsible for safeguarding the environment as they deliver services and products. For information about SCS, watch a documentary, or follow us on your favorite social media. You can reach us at .
Fast-growing small to medium-sized businesses that use common chemicals and generate waste may be at risk for fines because they’ve grown into unfamiliar regulatory territory. Recently while helping a small business experiencing rapid growth, it occurred to me that many small and mid-size businesses generate waste that meets the EPA’s definition of “hazardous waste,” and the EPA is uncompromising when it comes to managing and disposing of hazardous waste.
While there are somewhat complicated requirements for storing hazardous waste at businesses and facilities, understanding them to maintain reasonable insurance rates and a safe work environment is worth every minute of your time. You’ll not only avoid fines, but your workers can easily avoid creating unsafe work conditions. My blog intends to help simplify the regulations to begin looking at your business as it is growing.
First, let’s define the terminology.
There are exceptions to these terms, but these are the basics to help the average business manager understand a complex and complicated set of regulations.
The basics of understanding hazardous waste storage and management
There are many requirements for storing and labeling waste and issues related to safety, like not storing acids in metal containers or storing two incompatible wastes close together that could react and cause a fire or explosion.
For our purposes, remember that you must have a single dedicated hazardous waste storage area, and the storage area is subject to many design, construction and operating requirements.
Each type of Generator has a storage time limit and must dispose of hazardous waste from a facility or business before the deadline. Large Quantity Generators have 90 days from placing the first waste in the storage container (accumulation start date), and Small Quantity Generators have 180 days. It is mandatory to write the accumulation start date on the container label when the first waste goes inside.
Realistic Safety Protocols
For small to medium-sized businesses Generators, it isn’t practical to have employees carrying small containers of waste to a storage area each day or at the end of each shift. It’s inefficient and could lead to the accidental mixing of incompatible wastes. It is better to have one or two trained staff responsible for placing wastes in storage containers and keeping the labels current. To help, the EPA allows for “Satellite Accumulation” of hazardous waste at the point of generation (the shop, workstation, etc.). A facility can have multiple Satellite Accumulation areas, but each area must meet these requirements:
A Growing Small Business Case Study
As mentioned earlier, let’s discuss the real-world example that got this blog started. A company started a metal container painting operation and was not familiar with hazardous waste regulations. Like many, starting as a very small operation, they were lucky, and the business grew larger over a short period.
Along with growing business comes a growing facility to accommodate it, but managing all the change creates an opportunity for some things to slip between the cracks. Employees didn’t know they could not toss partially filled paint and solvent containers in the facility’s dumpster.
During an EPA inspection, the company was subject to an enforcement action for failing to characterize their waste and improper disposal of hazardous waste, among other violations. The inspection results spurred business fines, and although the EPA has the option of pursuing criminal charges, they did not in this case.
Simple, Practical Steps to Compliance
Upon review of the records, tour of the facility, and understanding the workflow, the company took the recommended actions creating satellite accumulation areas and a hazardous waste storage area. Starting with establishing the storage area first, we also obtained an EPA ID number for the facility.
The next important step is training employees on the hazardous waste requirements pertaining to their jobs. Because some of the paint is water-based (typically non-hazardous), the facility now trains its employees to separate water and solvent-based paints and waste products, saving on disposal costs.
The company knows it is growing at a rate that will generate more than 1,000 kg/month of paint and solvent waste; therefore, it makes sense to register as a LQG. One employee is now in charge of hazardous waste management.
There are five bulk paint stations and a touch-up operation for small parts, so six satellite accumulation areas are now functioning. Each area has a 30-gallon waste container to prevent accidental accumulation of more than 55 gallons. Busy painters tend to put waste in buckets if the drum fills before their shift ends. At the end of each shift, the hazardous waste manager checks each satellite accumulation area and transports full or nearly full containers to the hazardous waste storage area.
For less than the cost of the final negotiated fine and legal fees, the facility has a compliant program and is receiving very favorable regulatory inspections.
If you want to dive into the details of this topic, this link to an EPA Frequently Asked Questions webpage may be of interest: https://www.epa.gov/hwgenerators/frequent-questions-about-hazardous-waste-generation.
About the Author: Jim Oliveros, P.G is a Project Director in SCS Engineers Environmental Services practice. He has over 35 years of experience in the environmental consulting field, including hazardous waste permitting, compliance, and corrective action. Jim is experienced in conducting assessment and remediation of contaminated properties, completing multimedia compliance audits, assisting with waste stream identification, characterization and management; and, federal and state regulatory policy. He embodies SCS’s culture of delivering great results to his clients, on time and within budget.
A large renewable energy company had ambitious plans when it bought a decommissioned plant in Missouri: to mass-produce corn oil-based biodiesel with an eye to ramp up fast. But after investing millions to purchase and retrofit the facility, the company got a surprise. The municipal wastewater treatment plant underestimated the discharge limits; now, the operator could only run at 10 to 15% capacity to send its high-strength wastewater to the City.
There was an urgency to move forward to begin to get a return on a major investment, but as important was to have a viable, long-term solution. Vetting, building, and mobilizing what turned out to be a complex, sustainable system takes time.
The project entails a lot of research and understanding of what’s in the wastewater, production processes to reduce contaminants, and technologies and vendors to support the project from start to finish. SCS Engineers came in to assist.
Nathan Hamm, program lead for wastewater and liquids management practice, said:
It was clear that we would have to find an immediate, short-term solution while looking for a long-term answer to the wastewater problem. We quickly identified and helped our client connect with another treatment plant for the interim where it could transport wastewater. This enabled the ramp-up while we searched for an economically viable strategy to take them into the future and give them the option for growth even beyond their current expansion plans should they choose.
The initial goal was to find a way to partner with the City to enhance their treatment system so the client could stay local.
SCS worked with the City’s wastewater treatment consultant on a two-part answer: restoring an anaerobic digester owned by the City located at its wastewater treatment plant to increase capacity; building a dedicated wastewater force main/pipeline from the operation to the municipal treatment plant. It was an economical plan that would perform the intended function. But the City would only commit to this arrangement for five years.
“We needed more security and certainty so our client’s investment would return value over the long run. We began evaluating various systems for on-site wastewater treatment, looking at both anaerobic and aerobic options to treat the contaminated water,” Hamm says.
There are plenty of challenges to take on, such as high BOD strength, high sulfates, high temperatures, and in this case, limited spare plant space for a robust wastewater treatment system.
Following a wastewater characterization study to analyze what the plant was generating and identify process changes to reduce wastewater generation and contaminant concentrations, SCS whittled the alternatives down to anaerobic treatments. Compared to aerobic options, they are less energy-intensive and generate less sludge. As a bonus, they create methane to power the client’s boiler.
Ultimately, the selection was an anaerobic membrane bioreactor (AnMBR) system, which leverages bacteria to break down organics in untreated water and filters out solids. The operator now treats 100% of the wastewater on-site and discharges directly to the municipal treatment plant well below permit limits.
“What’s most important to our client is that with this investment they have complete control and for the long term. They own and run the system, are well-positioned to comply with discharge limits, even if they were to get tighter. And they are ready to increase production,” Hamm says.
Progressing from identifying a fitting technology to launching the whole system is a multi-leg journey. Early on, SCS vetted installations in several states from New York to Georgia and took the client to the top performers.
Hamm states,
We vet first to ensure the system’s integrity and that it will serve our client’s needs. But it is important that once we do our due diligence, they see the system in operation and talk to operators about what they like and did not like.
Next, we helped evaluate proposals and assessed capital and operating costs to determine if they are reasonable and comprehensive to avoid costs later. There is a lot to digest, and we want to make sure our client has every bit of information to support their decision.
The SCS team negotiated a design-build contract then oversaw the construction process.
“We served as the liaison between the plant and contractor, which is important to safeguard that our client gets what they need and what they paid to get. Taking on this role helps us stay on top of scheduling moving faster while maintaining efficiency and safety,” Hamm says.
The foundation work was a project in and of itself. The structure needed to support numerous tanks and treatment vessels, including a 2-million gallon digester tank.
The design-builder originally hired another contractor for the foundation, but SCS could do the job for about half the cost.
“We brought in our geotechnical engineers and a vendor we knew working in the area to perform a thorough assessment and pile load test. Following the load testing, we were confident we could build a structure to support the system, limit the differential settlement to acceptable levels, and perform well,” Hamm says.
The new wastewater treatment system is up and running smoothly.
“We are on weekly calls even four months in to review performance tests confirming the system is operating effectively. And we have determined it is,” says Hamm.
“Our client is running at full capacity. They no longer haul wastewater offsite. They eliminated their hefty monthly wastewater treatment surcharges because they are discharging clean water. And they will likely pay off their investment in less than three years,” Hamm says.
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Vapor intrusion is a regulatory hot button gaining traction on states’ radar nationwide. This is driven by a growing understanding of how vapors travel through the soil into structures, posing health risks to occupants, coupled with research showing volatile vapors can be problematic even at very low concentrations.
As in California, conservative assumptions by regulatory agencies call for careful due diligence during the assessment process. These salient concerns recently brought a real estate developer in Monrovia to seek a professional engineer.
The client plans to convert a commercial property to residential use. But before moving forward, it needs to assess potential environmental issues associated with the property. That’s where SCS comes in, drawing on its concrete knowledge base in geology and chemistry—and leveraging its grasp of regulatory requirements.
The work in Monrovia entails a detailed soil vapor assessment, looking for volatile organic compounds (VOCs); the discovery at this site came as little surprise to Julio Nuno, Senior Vice President, and Project Director, as these constituents are often found during evaluations of this kind.
Assessing for VOCs
In this case, the soil contained eight VOCs, some at non-compliant levels. The good news is, after an extensive, multi-step vetting process, Nuno and his team came up with a relatively inexpensive solution to tackle a potentially daunting problem.
“As part of the soil vapor assessment, we compare concentrations we find on-site to screening levels established by the Department of Toxic Substances Control. We often see levels in exceedance of regulatory thresholds, particularly in industrial areas with releases that can travel from groundwater to soil into the building through the slab,” Nuno says.
Most prominent at the Monrovia site were two chlorinated compounds that have been used as solvents in industrial applications: tetrachloroethylene, also called PCE, and trichloroethene, or TCE. PCE is commonly present in industrial settings and communities as drycleaners widely and routinely used the chemical for decades.
Nevertheless, the work begins even before confirming VOC levels and other specifics around these compounds. The first step is a Phase I Environmental Assessment looking to see if past use of the property or surrounding property may have left a significant environmental impact. The SCS team discovered the adjacent property had a release of VOCs they identified as a ‘recognized environmental condition,’ meaning it needs further evaluation using a Phase II to determine if vapors could migrate onto the client’s property.
During the Phase II Environmental Assessment –the collection of soil and soil vapor samples –the SCS team gets even more specific, determining what’s present, specific locations, what degree of contamination, and what these findings mean for redeveloping the property and its final use.
“We confirm subsurface concentrations and if they exceed state screening levels, and if the site represents a potential risk for future residential use. The information informs our possible solutions to mitigate any migration of certain VOCs into the building and the indoor air,” Nuno explains.
Redevelopment Goals – safety and cost containment
Safety comes first, but containing project costs is a priority, which comes down to knowing design options, how to piece components together with both function and economics in mind. At this site, achieving safety and controlling costs centered largely around looking at the mandatory infrastructure– a ventilation system for a planned underground parking garage to prevent accumulation of carbon monoxide and other vehicle exhaust emissions.
“We knew the underground parking would require a ventilation system. It makes sense to look at the parameters associated with that design to verify if it serves dual purposes to ventilate the garage and mitigate the potential for VOCs to enter the building,” Nuno says.
By studying air exchanges that would occur, the number of times replacing air-containing pollutants with cleaner air per hour, Nuno gets his answer. “We determined that a second, separate system would not be necessary for sufficient ventilation; the assessment enabled us to confirm vapors would not travel into the residential portion of the building.”
The client can save $50,000 to $75,000 in capital expenses upfront while achieving their safety goals and avoids ongoing operations and maintenance costs for added infrastructure.
An added layer of protection
Identifying the issues for site developers and their tenants, then plotting the best course of action to ensure safety and regulatory compliance takes experience and knowledge. SCS devises a soil monitoring plan, alerting developers of indications of potential contamination to the soil, of odor, or anything unusual that could suggest an environmentally adverse condition. The plan advises on how to respond should there be an unexpected condition adding a further protection layer.
“It’s essential that an engineer understand the applicable federal, state, and local standards for completing assessments, as well as understand regulatory stipulations. You must also know the variations in those stipulations to effectively design a sustainable plan,” Nuno says. “In Monrovia, we comply with the Department of Toxic Substances Control requirements, the requirements of the Los Angeles Regional Quality Control Board, and others. Each has specific stipulations for evaluating each contaminant. So, we stay on top of which rules apply to which location,” he says.
Nuno has submitted a draft report for review by his client and its legal counsel; he’ll meet with them to discuss findings and explain their meaning. SCS includes an executive summary, explaining in plain language what is salient; often, a backup report includes thousands of pages. “It’s a lot of complex information, so we work on the language,” Nuno says.
“It’s important to paint an accurate picture and use terms that all parties, whether the client, investors, or other stakeholders understand. These redevelopments are major projects with many due diligence considerations. We want to provide accurate findings and recommendations that the client and their advisors can digest to help them with their decision making.”
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SCS Engineers provides comprehensive environmental due diligence services nationwide and announces two new SCS National Experts to lead the expanding practice. Vice President Michael Miller and Project Manager Justin Rauzon take the helm to meet the expanding demand for these environmental services. Mr. Miller is in SCS’s Omaha, Nebraska location and Mr. Rauzon in the Long Beach, California headquarters office. Both professionals work nationwide and continue to support their regional clients in their new positions.
Miller focuses on comprehensive environmental management and consulting for private and federal clients. Project solutions typically involve solid waste, hazardous waste, environmental assessment, compliance audit, feasibility studies, environmental permitting, and training. His environmental due diligence experience includes work at fuel storage and vehicle maintenance facilities, petroleum retail sites, agricultural, chemical processing, and pharmaceutical manufacturing plants, active and closed landfill sites, abandoned chemical disposal sites, and numerous dry cleaner sites.
Mr. Rauzon has a diverse background in biological and environmental sciences and regularly performs environmental assessments and compliance audits at North American sites. Rauzon’s technical and management experience is with soil, soil vapor, and groundwater investigations on industrial, commercial, landfill, greenfield, and residential properties. He has extensive experience with environmental laws and regulations in the United States and Mexico.
Both work through all project phases, from developing cost estimates to implementing due diligence tasks ranging from site assessments to full remediation. SCS Engineers’ Environmental Due Diligence and All Appropriate Inquiries practice is comprehensive. The practice’s services cover Environmental Insurance Claims and Underwriting Support, Financing and Company Acquisition Support, Property Inspections and Abatement, Property Transactions, and Solid Waste Management Financing.
SCS’s Brownfields and Voluntary remediation engineers rely on the due diligence practice and developers, contractors, municipal officials and city managers, and advisors such as banks, insurance firms, and attorneys to private and public entities.
SCS Engineers Vice President Ashley Hutchens is now the Environmental Services Director for its Long Beach and Las Vegas operations. Besides managing her current projects and clients, Hutchens will manage the environmental professionals and technicians in each city. She is responsible for allocating resources for business development, project management, and coordinating activities with other SCS offices nationwide.
“Ashley’s proven capabilities solving environmental challenges for industries will serve our Long Beach and Las Vegas clients well,” said Julio Nuno, SCS Senior Vice President.
Hutchens has 18 years of experience in property evaluation and due diligence, site assessment, characterization, remediation; vapor intrusion assessment and mitigation; and hazardous waste management. She has led hundreds of projects, including all phases, from the development of cost estimates for site assessment, mitigation, and remediation, to groundwater monitoring and sampling, preparation and review of final reports, interfacing with regulatory agencies, and management of all aspects of projects, staff, and various subcontractors.
SCS Engineers’ environmental solutions directly result from our experience and dedication to solid waste management and other industries responsible for safeguarding the environment. For more information about SCS, please visit us at www.scsengineers.com, or contact .
