Rules for Existing Municipal Solid Waste Landfills May 10, 2017 Rules for Existing Municipal Solid Waste Landfills

AQC Presentation for 2D .1700 Rules May 10, 2017 Booker T. Pullen Supervisor, Permitting Section North Carolina Division of Air Quality, Raleigh, NC (919) 707-8469 Intro: Today is the tomorrow that I planned for yesterday, and nearly all my plans for today did not plan out the way I though they would yesterday. Today is the tomorrow that I worried about yesterday, and today is such a great day, that I wonder why I worried about today, yesterday. Department of Environmental Quality

Today I would like to briefly answer the following questions: • What are the new Emission Guidelines for existing Municipal Solid Waste Landfills • What does the DAQ have to do as a result of this Rule? • Which landfills are effected by this Rule? • What are the regulated pollutants? • What are the impacts on the DAQ? • What are the impacts on the government owned and privately owned landfills?

Emissions Guidelines 40 CFR Part 60, Subpart Cf The new Emissions Guidelines: On a recurring basis, the United States Environmental Protection Agency (US EPA) will revise or promulgate new air quality regulations that effect the existing industries in North Carolina and around the United States. Such new air quality regulations for sources (Emission Guidelines) for the control of greenhouse gases from existing Municipal Solid Waste Landfills was published by the US EPA in the Federal Register on August 29, 2016 under 40 Code of Federal Regulations Part 60, Subpart Cf. Broken Crystal Ball No idea of potential GA actions this session DEQ and/or Governor’s office may weigh in in interpretations, etc. DAQ is in the process of conducting rules review and re-adoption under House Bill H74. Air toxics rules will be included in the next group to be reviewed. Stakeholder meetings are being held on all these rule groups. Department of Environmental Quality

What does North Carolina have to do? States with EPA approved implementation plans such as North Carolina are required to develop (or revise) their air quality regulations and submit a State Plan to the US EPA for approval. The current rules for existing municipal solid waste landfills is located in section 15A NCAC 2D .1700. These rules have been revised to reflect the new requirements under 40 CFR Part 60, Subpart Cf. Just mention the dates, more detail later Department of Environmental Quality

Affected Landfills Each existing municipal solid waste landfill that accepted waste since November 8, 1987 and that commenced construction, reconstruction, or modification on or before July 17, 2014. (5)(a) is the “MACT/GACT” exemption (5)(b) results from a modification under our TAP rules and assures that said modification does not result in an unacceptable risk to human health. That responsibility is on DAQ. A finding of unacceptable risk would result in a call by the Director to eliminate said risk. Department of Environmental Quality

Affected pollutants Landfill gas contains non methane organic compounds and methane. Methane is a potent greenhouse gas and accounts for approximately 50% of landfill gas volume. The Emission Guidelines controls these pollutants by the lowering of the emission threshold for when landfills are required to install gas collection and control systems. May 1 changes primarily in result from SL 2012-91. Other unrelated changes were also made in this overall revision of the TAP rules. AAL for asbestos was changed. Department of Environmental Quality

Impacts on the Division of Air Quality • 2D .1700 rules will have to be revised to meet the requirements of the Emission Guidelines. • The DAQ will go through the approval process for Rule revision in the State Implementation Plan. • The DAQ will revise the 29 permits that will be modified to meet the requirements of the 2D .1700 rules after the EPA has approved the Rules. Tap permitting requirements under NCAC 02Q .0700 rules General minor changes made throughout 02Q .0700 rules Added exemptions for natural gas and propane fired combustion sources based on benzene TPER Added exemption for emergency engines based on formaldehyde TPER (Expansion of “cell” exemption for these engines” Added exemptions based on S.L. 2012-91 for MACT, GACT and 112(j) affected units Department of Environmental Quality

threshold was lowered from 50 Mg/year to 34 Mg/year. Impacts on the private and government owned municipal solid waste landfills • Twenty-nine existing facilities will have to submit applications to have their permits revised to meet the new State Rules. • Twenty-three of the existing landfill facilities will have to develop a monitoring plan for the gas treatment system. This is a new requirement under the new Emission Guidelines. • Five of the existing landfill facilities will have to submit a design plan for their voluntary gas collection and control systems. • Four government owned landfills will have to install gas collection and control systems because the threshold was lowered from 50 Mg/year to 34 Mg/year. Department of Environmental Quality Exceptions to the exemptions to clarify that Calls by the Director can override the exemptions in .0702(a)(28) through (31) for gasoline operations and ethylene oxide sterilizers. More clarifications and minor corrections. .0705 repealed: A holdover from the early days of the TAP program to stage essentially all NC facilities in to the program. This rule is now obsolete.

The benefits of this Rule will be that landfills will be controlled earlier than currently required thereby reducing future greenhouse gas pollution from the landfills that don’t utilize voluntary collection and control systems. Are there questions?