EPA is proposing a GHG SER of 75,000 tons per year (tpy) Carbon Dioxide equivalent (CO2e) and requesting comment on it as well as two lower levels, specifically 30,000 tpy and 45,000 tpy CO2e, respectively.
The Associations do not believe there is sufficient information to support lowering the GHG SER below the proposed 75,000 tpy CO2e level and provided a table utilizing equivalent criteria pollutants from combustion sources (i.e., NOx, CO) yields CO2 emissions as high as 780,000 tpy CO2.
EPA already concluded in USEPA, Proposed PSD Revisions Rule, 81 FR 68137 that the burdens of regulation at a GHG SER level between 30,000 and 75,000 tpy CO2e would yield a gain of trivial or no value from both a programmatic and individual project-level perspective. Therefore, NWRA and SWANA strongly recommend EPA retain proposed GHG SER of 75,000 CO2e (or higher), and resist pressure to lower the GHG SER.
On the Topic of Biogenic GHG Emissions, the EPA’s final rule requires clarification to remain consistent with previous documentation and research to prevent significant permitting delays and increased costs that will not result in meaningful emission reductions.
The Associations encourage the EPA to ensure that waste-derived biogenic CO2 (e.g., from municipal solid waste (MSW) landfills) is treated as carbon neutral under the final PSD Permitting Revisions Rule to be consistent with prior Agency determinations specified in this memorandum and documents as follows:S. EPA, Memorandum Addressing Biogenic Carbon Dioxide Emissions from Stationary Sources, McCabe, Janet, November 19, 2014.
S. EPA, Memorandum Addressing Biogenic Carbon Dioxide Emissions from Stationary Sources, McCabe, Janet, November 19, 2014. The documents highlight waste-derived, biogenic CO2 as a type of “carbon neutral” feedstock based on the conclusions supported by a variety of technical studies and conclusions of the Agency’s latest draft Framework for Assessing Biogenic Carbon Dioxide for Stationary Sources, which was released with the memo. The Agency memo stated that “the Agency expects to recognize the biogenic CO2 emissions and climate policy benefits of such feedstocks in [the] implementation of the CPP.”
US EPA, Emission Guidelines for EGUs, 80 FR 64855. Both the revised Framework, and the EPA’s Scientific Advisory Board (SAB) peer review of the 2011 Draft Framework, found “that the use of biomass feedstocks derived from the decomposition of biogenic waste in landfills, compost facilities, or anaerobic digesters did not constitute a net contribution of biogenic CO2 emissions to the atmosphere.”
S. EPA, Appendix N. of Revised Framework for Assessing biogenic Carbon Dioxide for Stationary Sources, November 2014, pg. N-25. In Appendix N. of the Framework, entitled Emissions from Waste-Derived Biogenic Feedstocks, EPA calculated negative Biogenic Accounting Factors (BAF) for various examples of treatment of landfill gas via collection and combustion. EPA explains, “Negative BAF values indicate that combustion of collected landfill gas feedstock by a stationary source results in a net CO2e emissions reduction relative to releasing collected gas without treatment.”
US EPA, Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Generating Units; Final Rule [Emission Guidelines for EGUs], 80 FR 64885. “[T]he use of some biomass-derived fuels can play a role in controlling increases of [in] CO2 levels in the atmosph The use of some kinds of biomass has the potential to offer a wide range of environmental benefits, including carbon benefits.”
US EPA, Emission Guidelines for EGUs, 80 FR 94855. Types of waste-derived biogenic feedstocks may include: landfill gas generated through decomposition of MSW [municipal solid waste] in a landfill; biogas generated from the decomposition of livestock waste, biogenic MSW, and/or other food waste in an anaerobic digester; biogas generated through the treatment of waste water, due to the anaerobic decomposition of biological materials; livestock waste; and the biogenic fraction of MSW at waste-to-energy facilities.
NWRA and SWANA believe the final PSD Revisions document should follow the approach to waste-derived feedstocks enshrined in the Final Clean Power Plan, and as recommended by the SAB, and ensure that waste-derived biogenic CO2 is treated as carbon neutral. Based on EPA’s own lifecycle assessments for the Renewable Fuels Standard program, its U.S. GHG Inventory, and confirmed by the SAB, EPA has sufficient analysis to support exclusion of selected categories of biogenic emissions from PSD permitting, including those from managing landfill gas and organic components of MSW.
The EPA does not seem to consider the regulatory treatment of biogenic CO2 from stationary sources to be a key issue in the context of the PSD revisions rule, based on a comment found in a Summary of Interagency Working Comments on Draft Language. Instead, the EPA continues to believe this rulemaking to establish a GHG SER under the PSD program is not the appropriate venue to address the broader concern of the regulatory treatment of biogenic CO2 from stationary sources.
The Associations strongly disagree and are concerned that because EPA remains silent on this important issue, some permitting authorities might improperly require landfills to incorporate biogenic CO2 emissions in the PSD permitting process. Historically, few landfills triggered PSD because non-methane organics emissions rarely reached the threshold. However, if biogenic CO2 emissions become subject to PSD, many landfill projects, which are “anyway sources” due to renewable energy projects, would also be forced to do BACT analysis for GHG. Biogenic CO2 is emitted from:
From the perspective of developing new renewable transportation fuel or energy projects, subjecting biogenic emissions from landfills to PSD could be an enormous barrier. The Associations would like the EPA to clarify in its final rule that the emissions of biogenic CO2 from treating or controlling landfill gas does not increase the CO2 levels in the atmosphere, but instead, has positive emission reduction and climate benefits. Failing to clarify this important point could subject landfills to significant permitting delays and increased costs that will result in no meaningful emission reductions.
Questions? Contact SWANA, NWRA, Patrick Sullivan, or your local SCS office.
On Friday, Dec. 16, 2016, President Obama signed The Water Infrastructure Improvements for the Nation Act or the “WIIN Act.” Section 2301 of the WIIN Act allows states to establish permit programs to regulate the disposal of coal combustion residuals (CCR) units in lieu of the Environmental Protection Agency’s (EPA) CCR regulations and published at 40 CFR 257, Subpart D, also known as the federal CCR rule, that were effective as of October 19, 2015.
Under the federal CCR rule, enforcement has been through citizen suits brought under Section 7002 of the Resource Conservation and Recovery Act (RCRA). Following WIIN, for CCR disposal facilities operating under an approved permit program, citizen enforcement will be replaced by more traditional state and federal enforcement authorities. It will take time for states to apply for permit authority and to issue permits, and in the meantime the federal CCR rule will continue to be enforced by citizen suits, and utilities will be subject to potentially conflicting interpretations of what is required to comply at a given facility.
Other CCR-related highlights from the WIIN Act include:
The WIIN Act that was passed by the U.S. Congress on Dec. 10, 2016, is based on CCR legislation that has been introduced in the House of Representatives and Senate in various forms over the past 6 years with the support of many in the utility industry. The WIIN Act has been lauded by the U.S. Senate Committee on Environment and Public Works and utility groups alike.
For example:
“This new permitting authority fixes the main problems with the recent coal ash regulation issued by the Environmental Protection Agency, by removing citizen suits as the sole means of enforcement and allowing states to tailor permit requirements on a case-by-case basis.”
“The coal ash language will ensure that states have the authority and flexibility they need to regulate coal ash while protecting the environment as much as the current EPA coal combustion residuals rule,” said APPA Vice President of Government Relations and Counsel Desmarie Waterhouse.
Coal Ash Language Backed by APPA Is Headed to President’s Desk
“…these legislative provisions will enable states to be more involved in the permitting process for the closure of basins.”
EII Applauds Passage of the Water Infrastructure Improvements for the Nation Act
“The bill also injects greatly needed certainty into the regulation of coal ash by giving states clear permitting and enforcement authority and reducing litigation, while providing for its continued beneficial use.”
SCS Engineers will continue to track the WIIN Act and provide you with updates as states consider and make known their approach to developing a CCR permit program, or not.
For questions about the Act or more information, please contact:
Mike McLaughlin, PE, Senior Vice President
Eric Nelson, PE, Vice President
Steve Lamb, PE, Vice President
Kevin Yard, PE, Vice President
Or contact your local SCS Engineers office.
SCS Engineers provides a free guide to the most common environmental reports due at the federal and state levels. Each guide includes an overview of the reporting due along with the date each state requires submission.
When SCS says free, we mean it. No need to submit your company name, no endless email trail will follow; these are free guides to download and share with others from the compliance experts – SCS Engineers.
Click to download or share each state guide:
If your state is not listed, contact the nearest SCS office to speak with a compliance professional in your area and in your business sector; SCS is nationwide.
If you have questions or need help sorting out details such as which reports apply to your business or step-by-step support on how to prepare your reports in the states listed above, contact our regional professionals.
Learn more about Ann
Ann O’Brien 1-773-775-6362
Learn more about Cheryl
Cheryl Moran 1-608-216-7325
Under section 211 of the Clean Air Act, the Environmental Protection Agency (EPA) is required to set renewable fuel percentage standards every year, including for cellulosic biofuel, biomass-based diesel, advanced biofuel, and total renewable fuel. In November the EPA established the 2017 standards, which will apply to all motor vehicle gasoline and diesel produced or imported in the year 2017. Most biogas produced qualifies as Advanced Cellulosic Biofuels, or the D3 category, which is the same as cellulosic (non-corn) ethanol. For the last several years, nearly 95% of the advanced cellulosic fuel generated has been from digester and landfill biogas, not cellulosic ethanol.
The final rule also establishes the four percentage standards applicable to producers and importers of gasoline and diesel, based on volume requirements. Renewable Fuel Volumetric Obligations (RVOs) are expected to continue driving the market to overcome constraints in the renewable fuel distribution infrastructure. This, in turn, could lead to substantial growth over time in the production and use of renewable fuels. If a renewable fuel-producing project uses a Renewable Fuel Standard (RFS)-approved pathway and is registered with EPA, the project can generate credits that can be sold to produce additional revenue. The value of these Renewable Identification Numbers (RINs) credits fluctuates based on market supply and demand.
The 2017 RVOs finalized in November for 2017 will help drive the market demand for these credits. Producers of biogas want the demand for RVO to be higher than the supply of biogas that will actually be produced and used as vehicle fuel during the year. This will protect the value of RINs, encouraging revenues for biogas-vehicle fuel projects and financing for new projects. Digester and landfill biogas normally have the highest value of all RINs.
Overall, EPA’s 2017 standards recognize the important role that biogas plays among all advanced biofuel producers, including cellulosic ethanol, and the role biogas will continue to play for generating renewable fuel for US vehicles.
SCS Engineers’ National Experts are available to answer your questions about the impact of the 2017 standards on your business and current and potential projects. Click here to contact SCS.
Every state in the country has different permits to enforce the Environmental Protection Agency (EPA) Clean Water Act (CWA). Several states even have specific permits assigned to industry sectors. This article discusses with proper planning, most facilities can find a way to avoid fines and lawsuits. Implementing one of the alternatives could even reposition your operation as a safe, clean and respected industry leader that values the environment, the local economy, and community.
Read, share, and print the Recycling Today article here.
In the EPA’s Region 9 U.S.-Mexico Border Program Progress Report, April-September 2016
The Campo Band of Mission Indians (CBMI) staff members are working with the EPA and SCS Engineers to address their waste management needs. SCS Engineers, an environmental engineering firm, was contracted by the Border Environment Cooperation Commission to work with CBMI in response to their request for technical assistance.
SCS Engineers was contracted to prepare a waste characterization study to support the development of a zero waste plan. The study provides critical information for designing and developing the future programs, policies, and facilities to effectively achieve a zero waste program.
Based on the findings, CBMI will assess their infrastructure needs, including consideration of a transfer station. SCS Engineers conducted field sampling to assess the Golden Acorn Casino in September 2016, the same month that Jeff Scott, EPA’s Land Divison Director visited Campo.
The Border 2020 Program is the latest environmental program implemented under the 1983 La Paz Agreement. It builds on the Border 2012 Environmental Program, emphasizing regional, bottom-up approaches for decision making, priority setting, and project implementation to address the environmental and public health problems in the border region. As in Border 2012, the new Program encourages meaningful participation from communities and local stakeholders.
Getting a firm handle on a solid waste operation and expenses is a challenge for any solid waste agency manager or landfill operator. It is particularly imperative in this era of “lean and mean” budgets and looming regulatory policy. Doing more with less is the watchword for most operations across the country still reeling from the financial impacts of the Great Recession.
SCS Engineers has created a package of articles to help you identify if your landfill, landfill gas, or solid waste operation is ready for 2017. We hope this useful guidance will help you plan for the upcoming year. SCS professionals are always available to answer questions and provide advice. Find the office or SCS professional nearest to you by clicking on one the links here: Offices and Professionals.
Download, print or share this package by using the download button under the articles or by using the navigation at left. The package includes the following information written by SCS National Experts:
Article in Waste360: explains who’s impacted and how to begin managing the costs.
SCS Technical Bulletin: a digest of hundreds of EPA regulatory policy into the information and timelines to act on now.
Article: strategic financial planning to support infrastructure costs.
Call our compliance specialists – find the office nearest you or email us at
…and as waste settles, it can have an effect on equipment,” according to Pat Sullivan of SCS Engineers in this ClimateWire article. As the U.S. EPA focuses on pushing landfill owners into cutting down on methane emissions some worry that a combination of tightening regulations and poor cost analysis might put some smaller landfills out of business.
LANDFILL EMISSIONS: Going to the dump? You might make electricity
Kavya Balaraman, E&E reporter
Reprinted from ClimateWire with permission from E&E Publishing, LLC. Copyright 2016.
Read the NSPS – EG Technical Bulletin
