Department of Environmental Quality

Revisions to Municipal Solid Waste Landfill RulesAir Quality Committee Meeting – September 9, 2020

Acronyms

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Department of Environmental Quality

• CFR – Code of Federal Regulations• EG – Emissions Guidelines• EPA – U.S. Environmental Protection Agency • LFG – Landfill Gas• MSW – Municipal Solid Waste

Concept

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Adoption of Final Emission Guidelines (EG) for Existing Landfills (540) On 08/29/2016 EPA finalized changes to Standards of Performance for Municipal Solid Waste (MSW) Landfills;

Identified advances in technology and operating practices for reducing emissions of landfill gas.

• EPA promulgated a new subpart, 40 CFR Part 60, Subpart XXX, Standards of Performance for Municipal Solid Waste Landfills That Commenced Construction, Reconstruction, or Modification After July 17, 2014.

40 CFR Part 60, Subpart WWW, Standards of Performance for MSW Landfills, will continue to apply to MSW Landfills that commenced construction, reconstruction, or modification between May 30, 1991 and July 17, 2014 until there is an approved state or federal plan that implements the EG in 40 CFR Part 60, Subpart Cf.

Concept cont. On 07/08/2019 EPA updated implementing regulations for 111(d) into new subpart 40 CFR Part 60, Subpart Ba,

Adoption and Submittal of State Plans for Designated Facilities.• EPA amended the timing requirements in 40 CFR 60.23 and 60.27 for submission of a state plan,

and the issuance of a federal plan.

On 08/26/2019 EPA adopted the 40 CFR Part 60, Subpart Ba implementing requirements into the EG under 40 CFR 60,

Subpart Cf.• State plans are due by 08/29/2019.• Sets time frame for determining completeness within 6 months, and time frame to approve or

disapprove plans within 12 months.

On 03/26/2020 Adopted changes to 40 CFR Part 60, Subpart Cf.

• Allow impacted sources to demonstrate compliance with LFG control, operating, monitoring, recordkeeping and reporting requirements in the MSW Landfills National Emission Standards for Hazardous Pollutants.

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Next Steps For North Carolina

North Carolina is required to develop (or revise) air quality regulations and submit a State Plan to the US EPA for approval.

The rules in Section 15A NCAC 02D .1700 need to be revised to implement the revisions to the Emission Guidelines for MSW Landfills.

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Department of Environmental Quality

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Tentative Rulemaking Timeline

• 9/9/2020 Concept to Air Quality Committee (AQC)

• 11/18/2020 Draft Rules to AQC

• 1/14/2021 Request to Proceed to Comment and Hearing to Environmental Management Commission (EMC)

• 2/15/2021- Public Comment Period and Hearing 4/16/2021

• 7/8/2021 Request for adoption to EMC

• 8/19/2021 Rules Review Commission Approval

• 9/1/2021 Tentatively Effective

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Contact

Department of Environmental Quality

Patrick KnowlsonRule Development Branch SupervisorDivision of Air Quality, Planning SectionNorth Carolina Department of Environmental Quality

919 707 8711 officepatrick.knowlson@ncdenr.gov

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Department of Environmental Quality

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