SCS periodically prepares Technical Bulletins to highlight items of interest to our clients and friends who have signed up to receive them. We also publish these on our website.
Our most recent Bulletin summarizes the 2020 Virginia State Plan for New Landfill EG approved by the USEPA on June 23, 2020.
The Environmental Protection Agency (EPA) approved a Clean Air Act (CAA) section 111(d) plan submitted by the Virginia Department of Environmental Quality (VADEQ). This plan was submitted to fulfill the requirements of the CAA and in response to EPA’s promulgation of Emissions Guidelines and Compliance Times for municipal solid waste (MSW) landfills.
The Virginia plan establishes emission limits for existing MSW landfills and provides for the implementation and enforcement of those limits. Highlights of the plan are explained in a newly published SCS Technical Bulletin.
SCS Engineers will continue to post timely information, resources, and presentations to keep you well informed.
It’s important to make sure we recycle right, not just recycle often! It’s exciting to see all the new products made from the bags and the technology used to sort them – but how individuals’ recycle does matter.
It doesn’t take many plastic bags to get wrapped up in the recycling equipment, causing the equipment to work inefficiently and forcing it to shut down multiple times every day. The facility staff must enter or climb on the screening equipment to cut away bags as in this video.
If you use a plastic bag to collect your recyclables, empty the recyclables into your recycle bin and reuse the bag or recycle it at your grocery or retail store. Don’t mix plastic bottles with plastic bags – that’s what causes safety and efficiency problems in the first place.
Most grocery stores and retail stores such as Walmart, Target, and Lowes have recycling bins for this type of plastic. If you are not reusing the bags, take them to a drop off location, which is probably the same store where you got them.
Find the stores nearest you by visiting this site – a list of all the store drop-off locations in your zip code.
More than just your plastic retail bags can often be recycled, but it’s good to check with your drop-off to see what’s accepted. Examples of what often can be recycled include:
Now, if you are on the other end of the consumer chain and looking to provide a program for your school, community, or solid waste planning area, there is no need to start from scratch! Many other such entities have already developed successful recycling programs and are more than happy to share what they have done. Additionally, end-users in need of this material are also ready and willing to assist with setting up programs, such as the one found here. Plastics wraps, bags, and film may not be going away any time soon, but as long as they are here, there is great reuse for them!
About the Author: Christine Collier is an SCS Senior Project Professional in Des Moines, Iowa. She has over 18 years of experience in the Iowa solid waste industry. She has spent most of her career as both a client and project manager working directly with clients to ensure their projects were being completed on schedule and within budget. Her focus has been on working as a member of the client’s team as an advocate for their best interest. Through her career, she has become an expert in Iowa’s solid waste regulations and compliance requirements. She has BS and MS degrees from Iowa State University in Civil Engineering with an environmental emphasis and is a licensed Iowa Professional Engineer.
Providing a safe work environment is always essential, but never more so than now. Meeting PSM/RMP compliance deadlines, providing ammonia refrigeration operator training, and maintaining critical safety systems are key components in a safe work environment for facility employees.
Safety systems, such as ammonia leak detection systems, must remain operational as required under the following regulatory criteria:
• OSHA 29 CFR 5189, Process Safety Management (PSM) Section (j)(2)(C) Mechanical Integrity
• EPA’s 40 CFR Part 68, Risk Management Program (RMP) Part 68.73
• EPA General Duty Clause
• RAGAGEP – IIAR Standard 6
These criteria require companies to comply with the manufacturer’s recommendations for maintenance and calibration of ammonia detection systems. Calibrating ammonia sensors on a frequency determined in these same recommendations keeps your business compliant. We all know that compliance is non-negotiable as the ammonia detection system is a life-safety device.
Dedicating itself to providing a variety of online training and virtual meetings, the SCS Tracer Environmental team ensures your systems meet all regulatory obligations. When site visits are necessary; our teams and your facility members use a CDC-based safety protocol meeting state and local requirements, and facility requirements.
For assistance with ammonia sensor calibrations, please contact Mark Carlyle.
Matt Brokaw, P.E. joins the SCS Engineers new office at 3801 Lake Boone Trail, Suite 430, Raleigh, NC 27607, Tel: +1-919-662-3015
SCS Engineers, a top-tier ENR environmental consulting and construction firm, opened a larger office in Raleigh, North Carolina, in late May. The move centralizes the team closer to their clients’ sites to provide full-services. The new office accommodates new team members, including Matt Brokaw. Matt joins the SCS professionals who provide environmental services for solid waste management for the benefit of municipal and private landfills, public works, and recycling.
As a Senior Project Professional, Matt is responsible for the engineering and design of environmental solutions, with a primary focus in solid waste, stormwater management and planning, and erosion and sediment control critical to permitting compliant facilities and ultimately protecting natural resources. Extending the life of a landfill and adding airspace is often critical for the communities SCS clients serve.
The new SCS Raleigh location supports the growing demand for full-service environmental solutions supported by a mix of professionals. As specialized teams, they can help reduce greenhouse gas emissions, capture landfill gases, create renewable energy from by-products, and optimize utilities and businesses using environmental practices that are economically feasible. The firm specializes in permitting for and meeting comprehensive clean air, water, and soil goals. It provides a range of services such as PFAS treatment, solid waste master planning, landfill technology, risk management, groundwater monitoring, pre-closure and landfill closures, and Brownfields remediation.
About SCS Engineers
SCS Engineers’ environmental solutions and technology are a direct result of our experience and dedication to solid waste management and other industries responsible for safeguarding the environment. For more information about SCS, please visit our website at www.scsengineers.com/, contact , follow us on your preferred social media, or watch our 50th Anniversary video.
CERLCA Jurisdiction and PRP Definition
A recent Meyers | Nave publication discusses the Supreme Court’s April 20, 2020 decision in Atlantic Richfield Co. v. Christian. The firm suggests the decision adds another layer of complexity to the Comprehensive Environmental Response, Compensation, and Liability Act – CERCLA, liability issue. The decision opens the door for state courts to hear claims that challenge EPA-defined approved clean-ups and has the potential to expand the “potentially responsible party” – PRP class for current “owners” of a “facility.”
The Court’s decision introduces new considerations into CERCLA liability analysis and settlement strategy. The Court’s holding will have many immediate ramifications, including the following:
Clean Water Act Developments
In April, the courts and federal agencies announced major developments significantly affecting regulation under the Clean Water Act – CWA and how the CWA may be applied in the future.
Each of these developments could have far-reaching implications for regulations under the CWA. Assuming the 2020 Rule withstands legal challenges, it is seen as favorable for industry and other regulated entities, while the two judicial decisions are perceived as problematic for such entities. Davis Graham & Stubbs describes each development in more detail in the firm’s recently published article.
MATS Supplemental Cost Finding and Clean Air Act RTR
On April 16, 2020, the U.S. Environmental Protection Agency (EPA) finalized the 2016 Supplemental Cost Finding for the Mercury and Air Toxics Standards – MATS, for coal- and oil-fired power plants, consistent with a 2015 U.S. Supreme Court decision. The agency also completed the Clean Air Act-required residual risk and technology review – RTR, for MATS. According to the EPA power plants are already complying with the standards that limit emissions of mercury and other hazardous air pollutants (HAPs), and this final action leaves those emission limits in place and unchanged.
However, with this final action, EPA is not removing coal- and oil-fired power plants from the list of affected source categories for regulation under section 112 of the Clean Air Act, consistent with existing case law. Those power plants remain subject to and must comply with the mercury emissions standards of the MATS rule, which remains fully in effect notwithstanding the revised cost-benefit analysis.
In addition, EPA has completed the required RTR for MATS and determined no changes to the rule are needed to further reduce residual risk. The RTR satisfies the statutory requirements set out by Congress in the Clean Air Act. More information is available on EPA’s Mercury and Air Toxics Standards website.
Proposal to Retain NAAQS for Particulate Matter
On April 14, 2020, the U.S. Environmental Protection Agency – EPA announced its proposal to retain, without changes, the National Ambient Air Quality Standards – NAAQS for particulate matter (PM) including both fine particles (PM2.5) and coarse particles (PM10).
According to the EPA because of Clean Air Act programs and efforts by state, local and tribal governments, as well as technological improvements, average PM2.5 concentrations in the U.S. fell by 39 percent between 2000 and 2018 while average PM10 concentrations fell by 31 percent during the same period.
EPA states it is following the principles established to streamline the NAAQS review process and to fulfill the statutory responsibility to complete the NAAQS review within a 5-year timeframe. More information about the rule can be found at EPA’s: National Ambient Air Quality Standards (NAAQS) for Particulate Matter (PM) Pollution website.
EPA will accept public comment for 60 days after the proposed standards are published in the Federal Register. EPA plans to issue the final standards by the end of 2020.
U.S. Greenhouse Gas Emissions and Sinks Inventory Announcement
The Environmental Protection Agency’s annual report, “Inventory of U.S. Greenhouse Gas Emissions and Sinks: 1990-2018,” provides a comprehensive look at U.S. emissions and removals by source, economic sector, and greenhouse gas – GHG. The gases covered by this inventory include carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, sulfur hexafluoride, and nitrogen trifluoride. The inventory also calculates carbon dioxide emissions that are removed from the atmosphere by “sinks,” e.g., through the uptake of carbon and storage in forests, vegetation, and soils.
On April 13, 2020, the EPA’s comprehensive annual report on nationwide GHG emissions released to the public. It shows that since 2005, national GHG emissions have fallen by 10%, and power sector emissions have fallen by 27%.
“While there was a small rise in emissions due to weather and increased energy demand from the prior year in this report, based on preliminary data, we expect next year’s report to show that the long-term downward trend will continue,” said EPA Administrator Andrew Wheeler.
According to the announcement, annual trends are responsive to weather variability and economic conditions. Year-over-year, national GHG emissions were 3% higher in 2018 than the prior year, due to multiple factors, including increased energy consumption from greater heating and cooling needs due to a colder winter and hotter summer in 2018 compared to 2017.
According to environmental and research groups, driving the drop’s long-term downward trend is chiefly due to a shift away from coal power generation. The 2019 drop was driven by a nearly 10 percent fall in emissions from the power sector, the biggest decline in decades [Rhodium Climate Service]. Utilities are closing coal plants in favor of cheaper natural gas and renewable energy.
Emissions from industry rose slightly last year, and are now greater than those from coal-fired power plants, most driven by a strong economy. Emissions from buildings were up, and emissions from other sectors of the economy collectively grew by more. The shift to lower-carbon energy is largely restricted to the electricity sector, and in order to meet international and state goals, state policies continue to target other sectors that collectively make up a majority of U.S. emissions.
More information is available at EPA’s website Inventory of U.S. Greenhouse Gas Emissions and Sinks.
For more information about potential impacts to waste, energy, or manufacturing please contact your nearest SCS Engineer’s office or your Project Manager.
In this Waste Today article, Sam Cooke discusses the factors, treatment options, analytical methods, and identifying PFAS sources to most effectively reduce the concentrations of ammonia and PFAS in landfill leachate.
Reducing these concentrations help meet discharge permit requirements for direct discharge of treated leachate to surface waters and to meet publicly owned treatment works (POTW) discharge permit standards.
Sam points out that accomplishing ammonia and PFAS reduction with established wastewater treatment technologies works, but the right treatment depends on each site’s specific parameters. He suggests conducting bench-scale and pilot-scale testing for any feasible nitrogen removal or treatment system. Testing the wastewater helps to identify any changes in the concentration of nitrogen compounds. Thus, necessary changes to the treatment processes, such as additional aeration or chemical additions are easier to identify and less costly to implement.
Best practices for treating ammonia in landfill leachate, Waste Today
About the Author: Mr. Cooke, PE, CEM, MBA, is a Vice President and our expert on Industrial Waste Pretreatment. He has nearly three decades of professional and project management experience in engineering with a concentration in environmental and energy engineering. Mr. Cooke works within SCS’s Liquids Management initiative to provide services to our clients nationwide.
Learn more about liquids management at landfills.
On March 26, 2020, the EPA issued the COVID-19 Implications for EPA’s Enforcement and Compliance Assurance Program memorandum. This temporary policy allows for enforcement discretion for noncompliance resulting from the pandemic. The memorandum requires regulated entities to take specific steps, then document how COVID-19 caused the noncompliance and efforts to return to compliance. Noncompliance issues may include but are not limited to, routine monitoring, reporting, and testing.
EPA is the implementing authority for programs where the consequences of the pandemic may affect reporting obligations and milestones set forth in settlements and consent decrees. These consequences may affect the ability of an operation to meet enforceable limitations on air emissions and water discharges, requirements for the management of hazardous waste, or requirements to ensure and provide safe drinking water.
These are very distinct situations that the EPA plans to manage differently, as described on the EPA website page https://www.epa.gov/sites/production/files/2020-03/documents/oecamemooncovid19implications.pdf
Not all states and commonwealths have adopted a temporary discretionary enforcement policy. As an example, the Illinois EPA has not adopted a discretionary enforcement policy, and all state statutes and regulations remain in effect. Should your organization face a situation where regulatory compliance may be at risk due to COVID-19, this special circumstance may still be a mitigating factor in the event of an enforcement action by Illinois EPA.
If you are uncertain if you will be able to meet your compliance obligations due to the COVID-19 pandemic, and you need assistance please visit our locations to find the office nearest you or contact an SCS professional at .
SCS periodically prepares Technical Bulletins to highlight items of interest to our clients and friends who have signed up to receive them. We also publish these on our website at https://www.scsengineers.com/publications/technical-bulletins/.
Our most recent Bulletin summarizes the 2020 National Emission Standards For Hazardous Air Pollutants: Solid Waste Landfills. SCS Engineers will continue to post timely information, resources, and presentations to keep you well informed. These include additional guidance, industry reaction, and a webinar with Pat Sullivan on our website and social media accounts.
2020 NESHAP Technical Bulletin.
SCS Contact Information:
Locate an SCS professional near you, or contact SCS at .
SCS will continually update coverage of this Rule on our website blog and social media channels on SCS Engineers LinkedIn and SCS Engineers Facebook. If you have any questions regarding this Technical Bulletin, feel free to contact your local SCS Engineers representative.
Do you know how much oil you store in aboveground containers at your facilities? If you have more than 1,320 gallons at a facility, you may need an SPCC Plan. SPCC stands for Spill Prevention, Control and Countermeasure, and it is a federal rule (40 CFR 112 in the Federal Register) designed to prevent oil-based products from entering navigable waterways of the United States. But it’s about more than just compliance. It’s an important tool to help you limit your liability.
As a utility leader, your focus is to deliver electricity to your customers; however, facilities covered under the SPCC Rule are subject to inspections and potential enforcement actions if your practices are out of compliance.
The 1,320-gallon threshold isn’t the only requirement for an SPCC Plan. The SPCC Rule only counts oil storage containers with a capacity of 55 gallons or more. Many electric utility facilities will meet the oil storage threshold, including substations, storage yards, power plants, and operations and maintenance facilities.
Another criterion is that a facility must reasonably be expected to discharge oil into navigable waters or adjoining shorelines of the U.S. The Environmental Protection Agency (USEPA) does not define what “reasonably be expected” means. Instead, the responsibility is on the facility owner or operator to determine the potential for discharge. In reality, it’s usually easy to think of a scenario where spilled oil could reach a waterway. Even if you think a spill would never reach the stream, what if there was a significant rain event that washed away spilled oil on the ground through a storm sewer? Often “reasonably be expected” is not challenged, and it’s best to err on the side of caution.
It’s time to prepare an SPCC Plan. The Plan summarizes your facility’s oil sources, identifies spill response coordinators, and outlines your spill prevention measures and spill response procedures. There are three options: 1) Prepare the Plan yourself; 2) Use a third-party provider to prepare your Plan; or 3) Have a licensed professional engineer (PE) prepare your Plan. The option you choose depends on how much oil you store at your facility and your working knowledge of the SPCC Rule.
If your facility has less than 10,000 gallons of oil and no single aboveground oil storage container with a capacity greater than 5,000 U.S. gallons, you may prepare your own SPCC Plan, following the USEPA’s Tier I qualified facility template.
You can download the USEPA’s Tier I qualified facility template here: https://www.epa.gov/sites/production/files/2014-05/documents/tier1template.pdf. It is the cheapest way to comply with the SPCC Rule. You need to be familiar with the SPCC Rule’s requirements to complete a self-certified plan. You must also follow all of the requirements without deviation.
If your facility has less than 10,000 gallons of oil and a single aboveground oil storage container with a capacity greater than 5,000 U.S. gallons, you qualify under the USEPA’s Tier II qualified facility category. The USEPA does not provide a plan template for a Tier II qualified facility. You can still prepare the Plan yourself, or you may hire a third party or PE to prepare the Plan for you. If you prepare the Plan yourself, you must still follow all of the requirements precisely without deviating from them.
If your facility has greater than 10,000 gallons of oil storage, you must have a licensed PE prepare and certify your facility’s SPCC Plan. The Rule allows PEs the flexibility to deviate from certain requirements, so you may decide you want a PE to prepare and certify your plan for your Tier I or Tier II qualified facility.
An SPCC Plan is about more than just compliance. An SPCC Plan contains important information that will be critical if you have an oil spill. The Plan contains inspection forms and protocols that help you maintain your oil sources and prevent a spill from happening in the first place. It identifies the single point of contact, an “SPCC Coordinator” for the facility. If there is a spill, the Plan contains steps to contain and control the spill initially, and the proper contacts to notify internally and externally.
The SPCC Rule requires oil-handling personnel to receive annual training to respond to spills in their work areas properly, and the SPCC Plan contains the material that must be covered in training. The SPCC Plan also contains forms for you to document training, plan reviews and updates, and spill notifications.
Work with your staff to determine if the SPCC Rule applies to you. An SPCC Plan is a required document for certain facilities to help you comply with the SPCC Rule and gain the benefits of having a plan in place. But more than that, it’s a practical document designed to assist with training and inspections while serving the function to help prevent spills from occurring. And if spills do occur, an SPCC Plan provides the guidance to help control the spill and limit your liability.
Read Part II – Are You Ready to Respond to an Industrial Spill?
About the Author: Jared Omernik has 12 years of experience helping electric utilities comply with environmental regulations, including helping utility owners and operators build and review SPCC Plans and Storm Water Pollution Prevention Plans (SWPPPs).
For questions about the SPCC Rule or SPCC Plans, contact Jared at .
EPA’s Interpretation of “Begin Actual Construction” Under the New Source Review Preconstruction Permitting Regulations
This EPA guidance addresses EPA’s interpretation of when an owner or operator must obtain an NSR permit for a major stationary source or major modification before the start of actual construction on the facility. Currently, EPA considers almost every physical on-site construction activity that is of a permanent nature to constitute the beginning of “actual construction,” even where that activity does not involve construction “on an emissions unit.”
The interpretation fails to give meaning to the distinction between an emissions unit and a major stationary source. As such, it tends to prevent source owners/operators from engaging in a wide range of preparatory activities they might otherwise desire to undertake before obtaining an NSR permit. For this reason, EPA is adopting a revised interpretation that is more consistent with the regulatory text.
The proposed revised interpretation will stipulate that a source owner or operator may, prior to obtaining an NSR permit, undertake physical on-site activities – including activities that may be costly, that may significantly alter the site, and/or are permanent in nature – provided that those activities do not constitute physical construction on an emissions unit.
Begin actual construction means, in general, initiation of physical on-site construction activities on an emissions unit, which are of a permanent nature. Such activities include, but are not limited to, installation of building supports and foundations, laying underground pipework and construction of permanent storage structures.
EPA does not find it plausible that NSR permit applicants undertaking significant on-site construction activities prior to permit issuance will allow them to gain leverage with respect to the outcome of the permitting process. Stationary source owners or operators cannot expect that any site activities prior to permitting will alter or influence the BACT analysis for an emissions unit or other elements of a permitting decision. Permit applicants that choose to undertake on-site construction activities in advance of permit issuance do so at their own risk.
EPA is providing an opportunity for interested stakeholders to review and comment on the draft guidance titled, Interpretation of “Begin Actual Construction” Under the New Source Review Preconstruction Permitting Regulations through May 11, 2020. For any questions concerning this memorandum, please contact Juan Santiago, Associate Division Director of the Air Quality Policy Division, Office of Air Quality Planning and Standards at (919) 541-1084 or .
Read the draft guidance: Interpretation of “Begin Actual Construction” Under the New Source Review Preconstruction Permitting Regulations
Submit comments using the form at . EPA will consider the comments received and complete a revised version of the guidance.
More information at Clean Air Act Services or Oil & Gas Permitting
SCS Customer Support:
800-767-4727
Local Offices or Find a Specialist
