From the USEPA to headlines in the media, coverage of PFAS moving from wastewater to drinking water is a major concern. Furthermore, there are growing concerns about how much PFAS is in by-products that are recycled or reused from waste products. Topping that list is fertilizer.
Retail fertilizer products made from at least 50% biosolids commonly sold to the general public and used in farming contain PFAS, which could get into crops and stock, eating those crops. The Environmental Protection departments in some states are beginning to consider or pass state-level specific regulations on the content of PFAS in biosolids.
The December 2022 USEPA memo to states (pages 4-5) made these recommendations on biosolids as follows:
Tony Kollasch, an environmental consultant specializing in remediation, tells us to use precaution and learn more about what plans are underway in your state. In his Wisconsin Agri-Business article, BIOSOLIDS and PFAS – NUTRIENTS with a SIDE OF CONCERN, he walks readers through the most recent reports and studies using plain language.
The issues and questions that come up are solvable. There are treatments for removing PFAS, and as an environmental engineering and consulting firm, we solve these types of challenges. We encourage the safe use of by-products and urge you to learn more about specific products by joining associations where you can educate yourself – it’s good for business and for understanding pending regulations that may impact your operations. It will help you run your business sustainably by making sound decisions based on human health, the environment, and economic demand.
Additional Resources:
On January 11, 2023, the Illinois Environmental Protection Agency posted the General NPDES Permit for Industrial Storm Water Discharges (NPDES Permit No. ILR00) for public review and comment.
Please note that numerous modifications and additions are proposed for Attachment 1 of the NPDES Permit No. ILR00. The Attachment was just made public by the Illinois Environmental Protection Agency. We are preparing a summary of the changes associated with each subsector.
Modifications and added parts or sections are summarized below:
All comments on the draft permit and requests for a public hearing must be received by the IEPA no later than February 11, 2023.
Our team of Storm Water professionals in Illinois includes Spencer LaBelle and Scott Knoepke, who are ready to answer your NPDES Permit questions and discuss how the proposed modifications to the permit may impact your operation.
Air permitting compliance is a crucial aspect of operating a facility that generates air emissions. The process involves obtaining permits from regulatory agencies that establish requirements to demonstrate that the facility operates within limits set by air quality regulations.
Air permitting is not just for industrial operations but impacts many businesses.
In Miami-Dade County, Florida, the agency responsible for issuing air permits is the Department of Environmental Resources Management (DERM). Businesses that emit air pollutants, such as fine particulate matter (dust), volatile organic compounds, and hazardous air pollutants, or which operate combustion equipment such as ovens, furnaces, boilers, and backup power generators must obtain air permits to operate legally. The Florida Department of Environmental Quality provides state guidance here. These permits are required to ensure that the facility’s emissions are within limits set by air quality regulations and that the facility is taking the necessary steps to control and reduce emissions.
Local business example
In the case of one apparel printing facility in Miami-Dade County, SCS Engineers (SCS) was hired to assist with obtaining the necessary air permits from DERM. The scope of services included reviewing current and proposed operations information, calculating air emission estimates, and preparing the narrative and application forms. SCS also prepared a Request for Information (RFI) to confirm the necessary background information, such as equipment specifications, facility layout, projected usage, and operating records. The deliverables included an Air Construction Permit Application and an Air Operating Permit Application. In this case, SCS could prove that the client did not need a permit even though the regulatory agency thought they might.
What are the steps?
The process of obtaining an air permit can be complex and time-consuming, which is why businesses often hire specialized environmental engineering firms to assist them. In this example, SCS provided DERM with a detailed report and application package, including a process flow diagram, equipment specifications, and actual and potential emissions calculations.
It’s important for businesses operating in Miami-Dade, or any county, to understand the air permitting process and the regulations set by local authorities. Environmental engineering firms can provide more accurate and detailed information, so management understands the specific air quality regulations that apply to their business.
The value is in implementing the practices necessary to maintain compliance with air quality regulations and keeps your reputation with workers and the community stellar. Businesses continuing to operate illegally face administrative and civil violations, court actions, and potential environmental insurance challenges. Another consideration is that the same engineering firm can likely advise you on stormwater and groundwater permits and compliance for your facility.
About the Author: Troy Schick, PE, is a Project Manager based in our Miami, Florida, office. He is a Professional Engineer licensed in Florida and a Qualified Stormwater Management Inspector.
Stormwater and Air Permitting Compliance Resources for Businesses:
On January 11, 2023, the Illinois Environmental Protection Agency posted the General NPDES Permit for Industrial Storm Water Discharges (NPDES Permit No. ILR00) for public review and comment.
Please note that numerous modifications and additions are proposed for Attachment 1 of the NPDES Permit No. ILR00. At the time of authoring this blog, Attachment 1 has not been made public by the Illinois Environmental Protection Agency. Once this document is made available, a follow-up post will be prepared to summarize the changes associated with each subsector.
Modifications and added parts or sections are summarized below:
All comments on the draft permit and requests for a public hearing must be received by the IEPA no later than February 11, 2023.
Our team of Storm Water professionals in Illinois includes Spencer LaBelle and Scott Knoepke, who are ready to answer your NPDES Permit questions and discuss how the proposed modifications to the permit may impact your operation.
MDE Regulatory Alert: Maryland Landfill Air Regulation
On December 30, 2022, the Maryland Department of the Environment (MDE) published a proposed regulation addressing the control of landfill gas (LFG) methane emissions from municipal solid waste (MSW) landfills in the state. Methane is a potent greenhouse gas (GHG) with a global warming potential of more than 25 times greater than carbon dioxide. The proposed regulation is modeled after similar rules in California and Oregon, incorporates provisions from the EPA’s federal landfill air regulations under NSPS & EG 40 CFR 60 Subparts Cf and XXX and NESHAP CFR 63 Subpart AAAA, and would become among the most stringent in the US.
The new regulation will be submitted to the EPA for approval as part of Maryland’s state plan for MSW landfills (state plan). The state plan will be equivalent to or more stringent than the EPA’s NSPS & EG 40 CFR 60 Subparts Cf and XXX and NESHAP CFR 63 Subpart AAAA, and will apply to smaller and mid-sized landfills not currently subject to the EPA’s federal rules.
MDE estimates that 32 active and closed MSW landfills in the state will be subject to the proposed regulation.
Some key provisions of the rule include:
This rulemaking has been several years in development and is consistent with Maryland’s GHG Reduction Act of 2009 and the recent Climate Solutions Now Act of 2022 that requires Maryland to become “net zero” for GHG emissions by 2045, with an interim goal of achieving 60% GHG reductions by 2031 (over 2006 levels). MDE estimates that once implemented, this rule will achieve a 25-50% reduction in GHG emissions from affected landfills. MDE estimates the capital costs associated with rule compliance would range from $1 to $3 million, annual operating and maintenance costs range from $150k to $400k, and additional costs for monitoring (~ $60k annually), recordkeeping, and reporting.
MDE has scheduled a virtual public hearing on the proposed action at 10:00 am on February 1, 2023. Comments can be submitted by 5:00 pm (Eastern Time) on February 1, 2023, to Mr. Randy Mosier of MDE at .
For additional information on MSW regulations and GHG emission reductions, please visit scsengineers.com or one of SCS’s nationwide offices.
The U.S. Environmental Protection Agency (EPA) has issued a proposed rulemaking (Federal Register, Vol. 87, No. 198, Friday, October 14, 2022) that would address a 2008 Fugitive Emissions Rule that was subsequently granted reconsideration based upon a petition from the National Resources Defense Council (NRDC). The key issue is how fugitive emissions are considered under Section 111 of the Clean Air Act (CAA), as related to the definition of modification.
Modification means any physical change in, or change in the method of operation of, a stationary source which increases the amount of any air pollutant emitted by such source or which results in the emission of any air pollutant not previously emitted. 42 U.S. Code § 7411(a)(4).
In 2008, the Bush EPA published its Fugitive Emissions Rule that sought to “reconsider” the inclusion of fugitive emissions under this language. Fugitive emissions are defined as:
Those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally-equivalent opening.
NRDC’s petition for reconsideration argued that the Bush EPA weakened the standard for determining major modifications by excluding fugitive emissions from major Prevention of Significant Deterioration (PSD) and non-attainment New Source Review (NSR) applicability.
The proposed rulemaking would result in a formal reversion to the pre-2008 language. EPA’s Director for its Office of Air Quality Planning & Standards (OAQPS) has indicated that the rule “would require fugitives to be counted in all new and modified major source determinations,” effectively ending the Bush-era limitations on counting of fugitive emissions.
The potential impact of EPA’s planned fugitive emissions rule may prove significant and is expected to affect a wide range of diverse industry sectors being impacted, such as power generation, oil & gas extraction, mining, paper mills, petroleum refining, chemical manufacturing, coatings operations, and solid waste facilities. In particular, both landfills and compost facilities can have significant fugitive emissions.
Based on our current understanding, the proposed rule will effectively eliminate the ability to exempt fugitive emissions under the current exemption in 40 Code of Federal Regulations (CFR) 52.21(i)(vii). This would mean that if a source is an existing major PSD or non-attainment NSR source for ANY pollutant, and modifies, then both non-fugitive AND fugitive emissions for ALL pollutants must be counted to see if the project is a major modification under PSD/NSR. Triggering a major modification would also mean that fugitive emissions are included in the various compliance elements of PSD or NSR (e.g., best available control technology [BACT], lowest achievable emission rate [LAER], modeling, offsets. etc.).
To add more context for landfills, as an example, if an existing landfill, which is already deemed major due to carbon monoxide (CO) or sulfur dioxide (SOx) emissions from flares (Potential to Emit [PTE] >250 tons per year [tpy]), conducts an expansion that will result in 15 tpy of new particulate matter less than 10 microns(PM10) [and/or 10 tpy of PM2.5] fugitive emissions from windblown dust, this would be a major modification under PSD, requiring BACT and modeling for fugitive PM. This could also include BACT and other requirements for fugitive methane as a regulated greenhouse gas (GHG) or volatile organic compounds (VOCs)/non-methane organic compounds (NMOCs) from the additional fugitive landfill gas (LFG) emitted from the expanded landfill. Compost facilities can also have significant VOC emissions, which could put them at risk from this rule change.
Public comment on the rulemaking ends on February 14, 2023, which is an extension of the previous deadline. The solid waste industry will provide comments through the Solid Waste Association of North America (SWANA) and the National Waste and Recycling Association (NW&RA). This will be the last chance to have any effect on the rulemaking. Otherwise, landfills and possibly compost facilities could face more stringent requirements under the PSD and NSR programs when it comes to fugitive emissions.
Landfill and compost facility owners and operators may direct their questions pertaining to specific facilities to their Project Managers or .
Executing Brownfield Redevelopment
Green spaces are dwindling rapidly as real estate development forges ahead; meanwhile, a plentiful inventory of brownfields lie idle or underused that have great potential to become vibrant, revenue-generating resources.
Well-executed brownfield redevelopment projects make the most of existing infrastructure, leaving green spaces green. They create jobs and increase property values. They improve the health and safety of the environment and people. And turning former liabilities into neighborhood jewels cultivates a spirit of goodwill among residents.
As developers and governments realize the benefits, old gas stations, defunct factories, and closed landfills are among the properties redeveloped into community parks, retail, industrial, or mixed-use properties to become productive assets.
But while communities and private investors can reap tremendous payoffs, successfully repurposing brownfields can be complicated. They may be laden with hazardous substances and other contaminants from past uses, calling for specialized technical expertise to ensure sustainable environmental and financial outcomes.
Meet Amy Guilfoyle
SCS Engineers’ Amy Guilfoyle has been deeply rooted in brownfield redevelopment work for 20 years, supporting plans to ensure projects are technically sound, on time, and on budget.
Groundwater and soil assessment and remediation are her primary focus. Her job involves more than these essential tasks—from helping local governments apply for U.S. EPA Brownfield assessment and cleanup grants and voluntary cleanup state tax credits to ensuring and documenting regulatory compliance.
When Amy was a new biology graduate, she was not sure exactly what career direction she would choose until she got a full taste of fieldwork with an environmental focus.
“I like working on practical solutions to our clients’ day-to-day problems. And I like the creativity involved in finding and developing the best options in each case. Every scenario is unique, challenging you to keep the wheels in your mind turning,” she says.
Guilfoyle’s work typically begins with a Phase I Environmental Assessment, entailing an inspection of the property and a review of documents to evaluate for potentially hazardous pollutants and contamination. She will move on to a Phase II Environmental Assessment, depending on her findings, collecting and analyzing soil and groundwater samples to determine concentrations, locations, and other details to inform what may become her next course. The results help lead her team in developing and executing a rigorous cleanup strategy to meet regulatory standards.
The practiced brownfields veteran has her work cut out for her, especially on her dedicated turf; the state of Florida, whose groundwater and soil quality standards are even more rigorous than the U.S. EPA’s. Guilfoyle must not only stay on top of stringent regulatory demands but know how to strategically approach complex challenges tied to the region’s unique physical conditions.
“For one, as we monitor and plan remediation, we consider soil characteristics. Like much of the Southeast part of the country, Florida is sandy, making it easier for contaminated water and materials to move through the ground than in rocky areas,” she explains.
“Additionally, we give careful thought to the fact that the water table is shallow, which means saturated soil is close to the land surface, increasing the risk for groundwater contamination.”
Protecting groundwater is the most meaningful work she can do in her eyes.
“Keeping groundwater clean is so important to our public health and safety, as it is the major source of drinking water,” Guilfoyle says.
Sizing up cleanup options
In determining the best method to tackle soil and water impacts, she considers multiple variables: regional standards, the proposed use of the property, and clients’ overall goals.
Every success story hinges on protecting human health and the environment while keeping an eye on the bottom line—economics.
“Our clients are taking on huge projects that can have substantial cleanup costs. Our priority is to develop solutions that limit their out-of-pocket costs and liability. But doing it more effectively, so the outcome is a rich resource that serves communities well into the future,” Guilfoyle says.
A solid understanding of regulations is key to delivering sound technical and financially feasible outcomes.
She exemplifies this, beginning with a recent approach involving removing contaminated soil and using the nonimpacted soil as part of a pond construction to expand stormwater holding capacity.
“In this scenario, you save on the cost to transport hundreds of tons of soil and put it to use to build out existing infrastructure. Also, fewer trucks are coming in and out of the site, mitigating a nuisance and greenhouse gases.
“In other scenarios, we have been able to negotiate cleanup levels above the standard by providing documentation to show they are sufficient for full compliance.”
Forging industry relationships through professional engagements
Guilfoyle knows the agencies well through her work at SCS and professional engagements beyond.
Among her involvement, she’s a board member of the Florida Brownfields Association (FBA), supporting educational and outreach efforts and legislative initiatives to secure funding for cleanup projects.
She serves on the Florida Association of Environmental Professionals (FAEP) board, reporting business activity to local chapter members.
She lends her expertise as a board member for Metropolitan Environmental Training Alliance (METRA), promoting free and low-cost training on hazardous waste management requirements and other environmental regulations.
Outside her leadership roles in industry organizations, she finds time for her passion—telling others about the environmental industry. She has been involved with teaching Boy Scouts and Girl Scouts at Science, Technology, Engineering, and Mathematics (STEM) events and introducing college students to job opportunities in these disciplines.
“It’s important to provide a real role model in science and introduce youth to the wide range of job opportunities. We need more sharp young minds. And we especially need more women in environmental sciences,” Guilfoyle says.
“We have done good work. But we have more ahead of us. We will continue making progress by increasing youths’ awareness of what we do and why we do it–and by educating and supporting industry organizations.”
Brownfield Redevelopment Resources, Funding, Careers:
On December 5, 2022, the EPA released a memo providing direction under the NPDES permitting program to empower states to address known or suspected discharges of per- and polyfluoroalkyl substances (PFAS). Note that the list of Applicable Industrial Direct Discharges (page 2, paragraph A.1) includes landfills. The memo cites state programs in Michigan and North Carolina that other states may want to replicate. These approaches and others could help reduce PFAS discharges by working with industries, and the monitoring information they collect, to develop facility-specific, technology-based effluent limits.
As stated in its memo, the EPA’s goal is to align wastewater and stormwater NPDES permits and pretreatment program implementation activities with the goals in EPA’s PFAS Strategic Roadmap. The memo recommends that states use the most current sampling and analysis methods in their NPDES programs to identify known or suspected sources of PFAS and to take actions using their pretreatment and permitting authorities, such as imposing technology-based limits on sources of PFAS discharges.
The Agency hopes to obtain comprehensive information by monitoring the sources and quantities of PFAS discharges, informing other EPA efforts to address PFAS. The EPA will need this information since new technologies and treatments are in development but remain unproven to work successfully in specific industries.
Other proposed actions by the Agency include designating two PFAS as Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) hazardous substances and an order under EPA’s National PFAS Testing Strategy requiring companies to conduct PFAS testing and nationwide sampling for 29 PFAS in drinking water starting in 2023.
In a letter to Congress, SWANA and NWRA associations request that regulation under CERCLA for addressing PFAS contamination assign environmental cleanup liability to the industries that created the pollution in the first place. Both associations note that landfills and solid waste management, an essential public service, do not manufacture nor use PFAS. Therefore, the general public should not be burdened with CERCLA liability and costs associated with mitigating PFAS from groundwater, stormwater, and wastewater.
Resources:
We are deeply saddened by the passing of our founder Tom Conrad, but we celebrate his spirit by continuing the culture he established at SCS Engineers. Tom was energetic, creative, hard-working, and fun-loving! His accomplishments in preventing and mitigating environmental damage are just one of the reasons we respect him so much.
Another reason is that Tom believed in providing opportunities for everyone. He founded and ran SCS based on giving individuals the tools they need to thrive while providing for their families, the environment, and their communities. These tools are trust, mentorship, and open dialog. By building these philosophies into our culture, Tom sparked multiple innovations and environmental solutions by some of the finest people you’ll ever want to meet.
These SCSers continue our culture of caring and listening. Anyone at SCS can contribute their ideas for improving a process or technology. Our executives promote forums to keep the conversations and idea exchanges going and open to all. And just as Tom would insist, innovations are proven before they are implemented.
We’re proud of all SCSers, especially our young professionals, who consistently bring in fresh ideas and perspectives by asking “why and how” questions. Designing sustainable environmental solutions requires a deep understanding of systems, processes, and industry knowledge. Asking the right questions and seeking answers indicates a curious mind; Tom called these people “thinkers,” one of the best compliments we could get. Asking these questions indicates a self-actualized mind. And answering the questions takes a team. At SCS, we encourage both.
SCS’s mentorship and young professionals programs are thriving. They were established more formally in the last decade but have always been a part of SCS. President and CEO Jim Walsh called Tom “The best mentor anyone could ever have,” going on to say that Tom “taught me a lot, but more, he let me figure things out on my own… I’ve often said that my best four years of education were not high school or college; it was learning from Tom Conrad.”
SCS’s culture survives because of trust. So as Tom did, we continue to place trust and confidence in SCS’s employee-owners. Tom understood long ago that trust creates a culture of teamwork and respect, enabling effective problem-solving. In fact, Tom was so proud and confident in the firm’s environmental accomplishments in 1987 that he modified the company’s Employee Stock Ownership Plan to expand ownership of SCS to all employees. Today SCS remains 100% employee-owned and is a driving force for SCSers to deliver high-quality and ethical solutions to our clients.
Tom’s other major and no less important philosophy was to “have fun!” We take the time to engage and laugh with our colleagues, clients, and associates.
Our nationwide offices are busy year-round helping their communities, especially during the holidays. A special thanks to our young professionals, who think BIG, for organizing our annual Feed America campaign, always with a healthy, fun competition between our offices!
You can learn more about how SCS continues in Tom Conrad’s spirit today by watching this short video made by SCSers coast to coast.
The announcement of new developments, especially new housing, is always welcome, given nationwide shortages. Wood Partners recently spoke of its Alta Cuvee project in Rancho Cucamonga, CA., an area experiencing high growth rates. With the construction currently underway, the community plans to open in late 2024.
Careful development companies follow all environmental guidelines set forth by local, state, and federal agencies to ensure sustainability. At the Alta Cuvee project, SCS Engineers performed a Phase I Environmental Site Assessment, ensuring due diligence on the part of Wood Partners.
Today’s commercial real estate transactions take environmental issues into consideration. Complex laws can impose significant environmental liabilities on purchasers, sellers, and lenders, whether or not they caused the problem and whether or not they still own the property.
When looking for a new home, look for reputable companies that perform due diligence. When looking for environmental due diligence services, look for engineers and consultants providing comprehensive services for the welfare of future tenants, owners, and your firm’s reputation.
All Appropriate Inquiries (AAI) is a process of evaluating the environmental condition of a property and assessing the likelihood of contamination. Parties must comply with the requirements of the AAI Rule or follow the standards set forth in the ASTM E1527-13 or E1527-21 Standard Practice for Phase I Environmental Site Assessments to satisfy the statutory requirements for conducting all appropriate inquiries.
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