Standards of Performance for New Stationary Sources and Guidelines for Control of Existing Sources: Municipal Solid Waste Landfills

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

[Federal Register: March 12, 1996 (Volume 61, Number 49)]
[Rules and Regulations]
[Page 9905-9944]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]

ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 51, 52, and 60
[AD-FRL-5437-8]
RIN 2060-AC42

Standards of Performance for New Stationary Sources and
Guidelines for Control of Existing Sources: Municipal Solid Waste
Landfills

AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule and guideline.

SUMMARY: This action adds subparts WWW and Cc to 40 CFR part 60 by
promulgating standards of performance for new municipal solid waste
landfills and emission guidelines for existing municipal solid waste
landfills. This action also adds the source category ``municipal solid
waste landfills'' to the priority list in 40 CFR Part 60, Sec. 60.16,
for regulation under section 111 of the Clean Air Act. These standards
and emission guidelines implement section 111 of the Clean Air Act and
are based on the Administrator's determination that municipal solid
waste landfills cause, or contribute significantly to, air pollution
that may reasonably be anticipated to endanger public health or
welfare. The emissions of concern are non-methane organic compounds
(NMOC) and methane. NMOC include volatile organic compounds (VOC),
hazardous air pollutants (HAPs), and odorous compounds. VOC emissions
contribute to ozone formation which can result in adverse effects to
human health and vegetation. Ozone can penetrate into different regions
of the respiratory tract and be absorbed through the respiratory
system. The health effects of exposure to HAPs can include cancer,
respiratory irritation, and damage to the nervous system. Methane
emissions contribute to global climate change and can result in fires
or explosions when they accumulate in structures on or off the landfill
site. The intended effect of the standards and guidelines is to require
certain municipal solid waste landfills to control emissions to the
level achievable by the best demonstrated system of continuous emission
reduction, considering costs, nonair quality health, and environmental
and energy impacts.

EFFECTIVE DATE: Effective on March 12, 1996.

ADDRESSES: Background Information Document. The background information
document for the promulgated standards may be obtained from the U.S.
EPA Library (MD-35), Research Triangle Park, North Carolina 27711,
telephone number (919) 541-2777. Please refer to ``Air Emissions from
Municipal Solid Waste Landfills--Background Information for Final
Standards and Emission Guidelines,'' EPA-453/R-94-021. The Background
Information Document contains: (1) A summary of all the public comments
made on the proposed standards and the Notice of Data Availability as
well as the Administrator's response to these comments, (2) a summary
of the changes made to the standards since proposal, and (3) the final
Environmental Impact Statement, which summarizes the impacts of the
standards.

Docket. Docket No. A-88-09, containing supporting information used
in developing the promulgated standards, is available for public
inspection and copying between 8:00 a.m. and 4:00 p.m., Monday through
Friday, except for Federal holidays at the following address: U.S.
Environmental Protection Agency, Air and Radiation Docket and
Information Center (MC-6102), 401 M Street SW., Washington, DC 20460
[phone: (202) 260-7548]. The docket is located at the above address in
Room M-1500, Waterside Mall (ground floor). A reasonable fee may be
charged for copying.

FOR FURTHER INFORMATION CONTACT: For information on the regulation of
municipal solid waste landfills, contact Ms. Martha Smith, Waste and
Chemical Processes Group, Emission Standards Division (MD-13), U.S.
Environmental Protection Agency, Research Triangle Park, North Carolina
27711, telephone number (919) 541-2421.

SUPPLEMENTARY INFORMATION:

Judicial Review

Under section 307(b)(1) of the Clean Air Act, judicial review of
the actions taken by this notice is available only by the filing of a
petition for review in the U.S. Court of Appeals for the District of
Columbia Circuit within 60 days of today's publication of this rule.
Under section 307(b)(2) of the Clean Air Act, the requirements that are
the subject of today's notice may not be challenged

[[Page 9906]]

later in civil or criminal proceedings brought by the EPA to enforce
these requirements.

The following outline is provided to aid in locating information in
the introductory text (preamble) to the final standards.

I. Acronyms, Abbreviations, and Measurement Units
A. Acronyms

B. Abbreviations and Measurement Units
C. Conversion Factors and Commonly Used Units
II. Background

III. Summary of Considerations in Developing the Standards and
Emission Guidelines

A. Purpose of the Regulation

B. Technical Basis of the Regulation
C. Stakeholders and Public Involvement
IV. Summary of the Standards, Emission Guidelines, and Methods
V. Impacts of the Standards and Emission Guidelines
A. Environmental Impacts

B. Cost and Economic Impacts

VI. Significant Changes to the Proposed Standards and Emission
Guidelines

A. Design Capacity Exemption

B. Emission Rate Cutoff

C. Collection System Design Specifications
D. Timing for Well Placement

E. Operational Standards

F. Surface Emission Monitoring

G. Model Default Values

VII. Permitting

A. New Source Review Permits

B. Operating Permits

VIII. Administrative Requirements

A. Docket

B. Paperwork Reduction Act

C. Executive Order 12866

D. Executive Order 12875

E. Unfunded Mandate Reform Act

F. Regulatory Flexibility Act

G. Miscellaneous

I. Acronyms, Abbreviations, and Measurement Units

The following definitions, acronyms, and measurement units are
provided to clarify the preamble to the final rule.

A. Acronyms

BDT--best demonstrated technology

BID--background information document

CAA--Clean Air Act

CERCLA--Comprehensive Environmental Response, Compensation, and
Liability Act

EG--emission guideline(s)

EPA--Environmental Protection Agency

FR--Federal Register

HAP--hazardous air pollutant

LFG--landfill gas

MSW--municipal solid waste

NMOC--nonmethane organic compounds

NPV--net present value

NSPS--new source performance standards

NSR--new source review

OMB--Office of Management and Budget

PSD--prevention of significant deterioration
RCRA--Resource Conservation and Recovery Act
VOC--volatile organic compound(s)

B. Abbreviations and Measurement Units

J/scm--joules per standard cubic meter

m--meter

Mg--megagram

mm--millimeter

ppm--parts per million

ppmv--parts per million by volume

tpy--tons per year

yr--year

C. Conversion Factors and Commonly Used Units

1 meter = 3.2808 feet

1 megagram = 1.1023 tons = 2204.6 pounds
1 cubic meter = 35.288 cubic feet = 1.3069 cubic yards
1 cubic meter = 0.0008101 acre-feet

Degrees Celsius = (degrees Fahrenheit - 32)/1.8

II. Background

The United States Environmental Protection Agency (EPA) originally
considered regulating MSW landfill emissions under a RCRA subtitle D
rulemaking. However, the Administrator decided to regulate MSW landfill
emissions under the authority of the CAA, and announced the decision in
the Federal Register on August 30, 1988 (53 FR 33314). The EPA decided
to propose regulation of new MSW landfills under section 111(b) of the
CAA and to propose EG for existing MSW landfills under section 111(d).
The EPA published a proposal of this NSPS and EG in the Federal
Register on May 30, 1991 (56 FR 24468).
Following the receipt of new data and changes in the modeling
techniques, the EPA published a Notice of Data Availability in the
Federal Register on June 21, 1993 (56 FR 33790).
Under the authority of section 111(b)(1)(A) of the CAA, today's
notice adds the source category MSW landfills to the priority list in
40 CFR 60.16 because, in the judgement of the Administrator, it
contributes significantly to air pollution which may reasonably be
anticipated to endanger public health and welfare. Further rationale
for this finding is contained in section 1.1.1 of the promulgation BID
(EPA-453/R-94-021).

Today's notice promulgates the final NSPS and EG for MSW landfills.
The promulgation BID ``Air Emissions from Municipal Solid Waste
Landfills--Background Information for Final Standards and Guidelines''
(EPA 453/R-94-021) summarizes all public comments on the proposed NSPS
and EG and the EPA responses. For further discussion of stakeholder and
public involvement in the development of the rules see section III.C.
of this preamble.

Recent information suggests that mercury might be emitted from
landfills. The EPA is still looking at the possibility and will take
action as appropriate in the future under the landfill national
emission standards for hazardous air pollutants.

III. Summary of Considerations in Developing the Standards and Emission
Guidelines

A. Purpose of the Regulation

Landfill gas emissions contain methane, carbon dioxide, and more
than 100 different NMOC, such as vinyl chloride, toluene, and benzene.
Studies indicate that MSW landfill gas emissions can at certain levels
have adverse effects on both public health and welfare. The EPA
presented concerns with the health and welfare effects of landfill
gases in the preamble to the proposed regulations (56 FR 24468).
Briefly, specific health and welfare effects from LFG emissions are
as follows: NMOC contribute to ozone formation; some NMOC are known or
suspected carcinogens, or cause other noncancer health effects; NMOC
can cause an odor nuisance; methane emissions present a well-documented
danger of fire and explosion on-site and off-site, and contribute to
global climate change as a major greenhouse gas. Today's rules will
serve to significantly reduce these potential problems associated with
LFG emissions.

B. Technical Basis of the Regulation

Today's regulations are based on extensive data analysis and
consideration of several alternatives. Prior to proposal, the EPA
developed an extensive data base, using survey information from
approximately 1,200 landfills, along with emissions information from
literature, State and local agencies, and industry test reports. The
preamble to the proposed regulations presented a detailed discussion of
the data used to develop the rule and the regulatory alternatives
considered (56 FR 24476).

After proposal, the EPA continued to gather new information and
received new data through public comments. The EPA published this new
information in a Notice of Data Availability on June 21, 1993 (56 FR
33790). In addition to

[[Page 9907]]

public comments, the EPA held consultations with industry under the
authority of Executive Order 12875 (See section VIII of this document
for a detailed discussion of the Executive Order).
Based on the new information, the EPA re-assessed the impacts of
the alternatives and made changes to the final regulation. The most
significant changes to the regulation are summarized in section VI of
this preamble. Detailed rationales for these changes as well as more
minor changes are provided in the final BID (EPA 453/R-94-021).
In keeping with the EPA's common sense initiative, several of the
changes were made to streamline the rule and to provide flexibility.
Examples of this streamlining and increased flexibility include
focusing control on the largest landfills, removing the gas collection
system prescriptive design specifications, and more reasonable timing
for the installation of collection wells. All of these changes are
discussed further in section VI of this preamble.

C. Stakeholders and Public Involvement

Prior to proposal, in accordance with section 117 of the CAA, the
EPA had consultations with appropriate advisory committees, independent
experts, Federal departments and agencies. In addition, numerous
discussions were held with industry representatives and trade
associations.

After proposal, the EPA provided interested persons the opportunity
to comment at a public hearing and through a written comment period.
Comment letters were received from 60 commenters including industry
representatives, governmental entities, environmental groups, and
private citizens. A public hearing was held in Research Triangle Park,
North Carolina, on July 2, 1991. This hearing was open to the public
and five persons presented oral testimony on the proposed NSPS and EG.
On June 21, 1993, a supplemental notice of data availability to the
May 30, 1991 proposal appeared in the Federal Register (58 FR 33790).
The notice announced the availability of additional data and
information on changes in the EPA's modelling methodology being used in
the development of the final NSPS and EG for MSW landfills. Public
comments were requested on the new data and comment letters were
received from seven commenters.

Since the Notice of Data Availability, the EPA has held several
consultations with State, local, and industry representatives in
accordance with the October 26, 1993 Executive Order 12875 on Enhancing
the Intergovernmental Partnership.

Major concerns expressed by participants in the consultations were
identified by the EPA. These concerns included: the design capacity
exemption level, collection system design and monitoring flexibility,
and timing of well placement. These concerns and others raised at
proposal and clarified in the consultations were addressed by revising
the rule as described in section VI of this preamble.

IV. Summary of the Standards, Emission Guidelines, and Methods

The affected facility under the NSPS is each new MSW landfill. MSW
landfills are also subject to the requirements of RCRA (40 CFR 257 and
258). A new MSW landfill is a landfill for which construction,
modification, or reconstruction commences on or after the proposal date
of May 30, 1991 or that began accepting waste on or after that date.
The EG require control for certain existing MSW landfills. An
existing MSW landfill is a landfill for which construction commenced
prior to May 30, 1991. An existing MSW landfill may be active, i.e.,
currently accepting waste, or have additional capacity available to
accept waste, or may be closed, i.e., no longer accepting waste nor
having available capacity for future waste deposition. The designated
facility under the EG is each existing MSW landfill that has accepted
waste since November 8, 1987.

The final rules (both the NSPS and EG) require affected and
designated MSW landfills having design capacities below 2.5 million Mg
or 2.5 million cubic meters to file a design capacity report. Affected
and designated MSW landfills having design capacities greater than or
equal to 2.5 million Mg or 2.5 million cubic meters are subject to the
additional provisions of the standards or EG.
The final standards and EG for MSW landfill emissions require the
periodic calculation of the annual NMOC emission rate at each affected
or designated facility with a maximum design capacity greater than or
equal to 2.5 million Mg or 2.5 million cubic meters. Those that emit
more than 50 Mg/yr are required to install controls.
The final rules provide a tier system for calculating whether the
NMOC emission rate is less than or greater than 50 Mg/yr, using a first
order decomposition rate equation. The tier system does not need to be
used to model the emission rate if an owner or operator has or intends
to install controls that would achieve compliance. Chapter 1 of the
promulgation BID (EPA 453/R-94-021) presents a complete discussion of
the components of the tier system.

The BDT for both the NSPS and the EG requires the reduction of MSW
landfill emissions from new and existing MSW landfills emitting 50 Mg/
yr of NMOC or more with: (1) A well-designed and well-operated gas
collection system and (2) a control device capable of reducing NMOC in
the collected gas by 98 weight-percent.
A well-designed and well-operated collection system would, at a
minimum: (1) Be capable of handling the maximum expected gas generation
rate; (2) have a design capable of monitoring and adjusting the
operation of the system; and (3) be able to collect gas effectively
from all areas of the landfill that warrant control. Over time, new
areas of the landfill will require control, so collection systems
should be designed to allow expansion by the addition of further
collection system components to collect gas, or separate collections
systems will need to be installed as the new areas require control.
The BDT control device is a combustion device capable of reducing
NMOC emissions by 98 weight-percent. While energy recovery is strongly
recommended, the cost analysis is based on open flares because they are
applicable to all affected and designated facilities regulated by the
standards and EG. If an owner or operator uses an enclosed combustor,
the device must demonstrate either 98-percent NMOC reduction or an
outlet NMOC concentration of 20 ppmv or less. Alternatively, the
collected gas may be treated for subsequent sale or use, provided that
all emissions from any atmospheric vent from the treatment system are
routed to a control device meeting either specification above.
The standards and EG require that three conditions be met prior to
capping or removal of the collection and control system: (1) The
landfill must be permanently closed under the requirements of 40 CFR
258.60; (2) the collection and control system must have been in
continuous operation a minimum of 15 years; and (3) the annual NMOC
emission rate routed to the control device must be less than the
emission rate cutoff on three successive dates, between 90 and 180 days
apart, based upon the site-specific landfill gas flow rate and average
NMOC concentration.

Section VI.E. of this preamble describes a new section of the NSPS,
Sec. 60.753, ``Operational Standards for Collection and Control
Systems.'' The EG also refer to this section. The

[[Page 9908]]

provisions in this section include: (1) Collection of gas from each
area, cell or group of cells in which non-asbestos degradable solid
waste has been placed for a period of 5 years or more for active areas
or 2 years or more for closed areas; (2) operation of the collection
system with each wellhead under negative pressure, with a nitrogen
level less than or equal to 20 percent (revised from 1 percent in the
proposal, based on public comments) or an oxygen level less than or
equal to 5 percent (a new provision); (3) operation with a landfill gas
temperature less than 55 deg.C (a new provision) at each well
transporting the collected gases to a treatment or control device
designed and operated in compliance with Sec. 60.752(b)(2)(iii) of the
NSPS and operated at all times when the collected gas is vented to it;
and (4) a requirement that the collection system be operated to limit
the surface methane concentration to 500 ppm or less over the landfill
as determined according to a specified monitoring pattern.
Owners and operators must determine compliance with the standards
for the collection systems and control devices according to
Sec. 60.755. Changes made to the final compliance determination and
monitoring procedures as a result of comments are discussed in detail
in the BID (EPA 453/R-94-021). The Secs. 60.757 and 60.758 of the NSPS
and Sec. 60.35(c) of the EG contain recordkeeping and reporting
requirements. Changes have been made to the recordkeeping and reporting
requirements to allow for consistency with the final compliance
requirements.

V. Impacts of the Standards and Emission Guidelines

A. Environmental Impacts of Promulgated Action

The estimated environmental impacts have changed somewhat from
those presented in the preamble to the proposed regulations as a result
of changes in the final rules and changes in the estimation
methodology. These changes were made in response to public comments.
Additional data were also incorporated and are described in the
supplemental Notice of Data Availability (56 FR 33790). The analysis of
environmental impacts presented in this document, along with the
proposal and promulgation BID's, and memoranda in the docket constitute
the Environmental Impact Statement for the final standards and
guidelines.

For most NSPS, emission reductions and costs are expressed in
annual terms. In the case of the NSPS and EG for landfills, the final
regulations require controls at a given landfill only after the
increasing NMOC emission rate reaches the level of the regulatory
cutoff. The controls are applied when the emissions exceed the
threshold, and they must remain in place until the emissions drop below
the cutoff. However, this process could take as long as 50 to 100
hundred years for some landfills. During the control period, costs and
emission reductions will vary from year to year. Therefore, the
annualized numbers for any impact will change from year to year.
Because of the variability of emission reductions and costs of the
final standards and EG over time, the EPA judged that the NPV of an
impact is a more valuable tool in the decision process for landfills
and has used NPV in the development of both the proposal and final
nationwide impacts. The NPV is computed by discounting the capital and
operating costs and emission reductions that will be incurred
throughout the control periods to arrive at a measure of their current
value. In this way, the NPV accounts for the unique emission patterns
of landfills when evaluating nationwide costs and benefits over
different discrete time periods for individual sources. Thus, the
impacts presented include both annualized estimates and estimates
expressed in terms of NPV in 1992.

Air Emissions

The methodology for estimating the impacts of the NSPS and EG is
discussed in the proposal BID and in memoranda in the docket. The
analysis of impacts for the NSPS is based on new landfills (beginning
construction after May 30, 1991) that are projected to begin accepting
waste over the first 5 years of the standards. The NPV of the emission
reduction achieved by the final standards is estimated to be 79,300 Mg,
which reflects a 50 percent reduction from the NPV of the baseline
emissions of 160,000 Mg. Substantial reduction of methane emissions is
also achieved. Table 1 presents the emission reductions of the final
NSPS in annualized values as well as NPV.

Table 1.--Summary of Emission Reduction and Cost Impacts for the NSPS

NPV Annualized
NMOC Emission Reduction............... 50 %
Methane Emission Reduction............ 37 %
prior to November 8, 1987.
energy recovery.
Emission Guidelines
NPV Annualized
NMOC Emission Reduction............... 53 %
Methane Emission Reduction............ 39 %
November 8, 1987.
recovery.
Annuald
Number Annual c methane Annual cost NMOC average NMOC
reduction (Mg/yr) Mg)
Baseline e
a Emission rate cutoff level of 50 Mg NMOC/yr.
b All values are fifth year annualized.
c NMOC emission reductions are from a baseline of 145,000 Mg NMOC/yr.
d Methane emission reductions are from a baseline of 8,400,000 Mg methane/yr.
e In the absence of an emission guidelines.
f No emission rate cutoff and no design capacity exemption level.
Annual d
Number Annual c methane Annual cost NMOC average NMOC
reduction (Mg/yr) Mg)
Baseline e..................
a Design capacity exemption level of 2,500,000 Mg of refuse.
b All values are fifth year annualized.
c NMOC emission reductions are from a baseline of 145,000 Mg NMOC/yr.
d Methane emission reductions are from a baseline of 8,400,000 Mg methane/yr.
e In the absence of an emission guidelines.
f No emission rate cutoff and no design capacity exemption level.
Annual d
Number Annual c methane Annual e NMOC average NMOC f
reduction (Mg/yr) yr) Mg)
Baseline g..................
a Emission rate cutoff level of 50 Mg NMOC/yr.
b All values are fifth year annualized.
c NMOC emission reductions are from a baseline of 13,400 Mg NMOC/yr.
d Methane emission reductions are from a baseline of 899,000 Mg methane/yr.
However, actual costs are slightly less for a less stringent option.
incremental cost effectiveness values are not applicable.
g In the absence of a standard.
h No emission rate cutoff and no design capacity exemption level.
Annual c,d Annual c,e
Number NMOC methane Annual f NMOC average NMOC g
(Mg/yr) (Mg/yr) yr) Mg)
Baseline h..................
a Design capacity exemption level of 2,500,000 Mg of refuse.
b All values are fifth year annualized.
However, the emission reduction for a given year increase for more stringent options.
d NMOC emission reductions are from a baseline of 13,400 Mg NMOC/yr.
e Methane emission reductions are from a baseline of 899,000 Mg NMOC/yr.
However, actual costs are slightly less for a less stringent option.
incremental cost effectiveness values are not applicable.
h In the absence of a standard.
i No emission rate cutoff and no design capacity exemption level.
Table 3C-1.--Moisture Correction
Vapor
Temperature deg.C Pressure of
H<INF>2O, mm Hg
Table 25C-1.--Moisture Correction
Vapor
Temperature, deg.C Pressure of
H<INF>2O, mm Hg

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Standards of Performance for New Stationary Sources and Guidelines for Control of Existing Sources: Municipal Solid Waste Landfills

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