1000 PLANNING FOR NEW PROCESSES: ENVIRONMENTAL ASPECTS
124 of the Superfund Amendments and Reauthorization Act
(SARA) of 1986 that if the aqueous or hydrocarbon phase
of the condensate removed from the gas recovered from
a landfill meets any of the characteristics of a hazardous
waste (i.e., it fails the TCLP test), the condensate shall be
considered hazardous waste and regulated accordingly. This
section is an amendment to the Resource Conservation and
Recovery Act (RCRA), but is not part of RCRA. Since this
provision of SARA is not actually part of RCRA and there
are no implementing regulations in 40 CFR, it may be bind-
ing upon EPA, but RCRA-authorized states (such as New
York) are not obligated to enforce its requirements. This
issue could arise if LFG is to be recovered from a munici-
pal landfill that meets the size and NMOC criteria cited in
Appendix A and is included on the Superfund priority list of
inactive hazardous waste sites.State RegulationsSolid Waste 6 NYCRR Part 360 has requirements for the
control of LFG during both the active life of the landfill and
after the landfill is closed. While the landfill is in operation,
the owner must periodically (i.e., quarterly) monitor for the
presence of LFG at or above 25% of the lower explosive limit
(LEL) at on-site structures and any off-site areas. When the
landfill is closed, an LFG control system must be included
in the closure plans to prevent the migration of concentrated
LFG away from the site and to prevent damage to a landfill
cap. LFG is lighter than air and will tend to rise causing the
overlying cap to rise also. Generally the LFG is allowed to vent
to the atmosphere through a porous gas vent layer that leads
to gas vent risers spaced at approximately one vent per acre.
Part 360-2.16 contains the regulations regarding LFG
recovery facilities. These regulations require that anyone
proposing an LFG facility obtain a permit to construct and
operate the facility. The application for a permit must con-
tain an engineering plan, engineering report and an opera-
tion and maintenance plan.
Hazardous Waste As cited above, some LFG condensate
may exhibit hazardous waste characteristics. In an October
20, 1992 declaratory ruling applying to the Freshkills Landfill,
the Department excluded landfill gas condensate from being
regulated as a hazardous waste.^ This ruling was based on the
grounds that the LFG was derived from a household waste and
therefore excluded from hazardous waste regulation under New
York State law. However, if the landfill received both munici-
pal and industrial or hazardous waste, the condensate may be
hazardous. The condensate would need to be analyzed using
the TCLP method to determine if it is a hazardous waste.
Air NYSDEC’s proposed Part 201 operating permit
program (proposed to comply with the federal Clean Air
Act Amendments of 1990) contains an exemption for LFG
emissions vented directly (i.e., without a flare or energy
recovery device) to the atmosphere that fall beneath major
source thresholds as long as the facility is operating in
compliance with 6 NYCRR Part 360. Such an exemption
will not apply to landfills subject to NSPS or National
Emissions Standards for Hazardous Air Pollutants.A number of landfills in New York State currently use
flares or energy recovery for control of their LFG. These
emission sources must have a permit from the Division of
Air Resources. These permits are issued under 6 NYCRR
Part 201. All energy recovery projects produce NO x in the
combustion of the LFG. These projects must control NO x
emissions as required under Part 227-2. For example, if a
lean burn internal combustion engine running on LFG is
used for energy recovery, the emission limit for NO x is 9.0
grams/brake horse power-hour (Part 227-2.4(f)).
LFG recovery projects would be affected by either
Prevention of Significant Deterioration (PSD) or New
Source Review in Nonattainment Areas (Part 231) regu-
lations depending on the location of the project. Projects
in nonattainment areas are likely to be affected by NO x
and CO requirements (Note: the entire state is nonattain-
ment for VOC and NO x because the state is in the ozone
transport region). This is because recovering energy with a
combustion unit will create NO x and CO that often require
emission offsets to be obtain and the installation of Lowest
Achievable Emission Rate (LAER) technology.
The EPA has issued interim guidance stating that sources
may be exempt from New Source Review (NSR) provided
that the project is environmentally beneficial and there are
no adverse air quality impacts. This exemption from NSR is
referred to as a pollution control project. The EPA presently
expects to complete rulemaking on an exclusion from major
NSR for pollution control projects by mid 1996. However, in
the case of nonattainment areas, EPA believes that the state
or the source must provide offsetting emission reductions for
any significant increase in a non-attainment pollutant from a
pollution control project.
Presently, 6NYCRR Part 231 allows a Pollution con-
trol project exemption only at existing electric utility steam
generating units (25 megawatts of electrical output).
Consequently, LFG projects which exceed the applicability
thresholds, would have to obtain NO x offsets at a ratio of 1.3
or 1.15 to 1, depending on the location of the project (i.e., in
a severe non-attainment area or in a moderate non-attainment
area), and would be required to install LAER technology.
Please note that this may change if the EPA determines that
this type of project is eligible to become a pollution control
project.Approach to Permitting—DARWhen the economics of an energy recovery project using
LFG are favorable, these projects are to be encouraged. The
following is the hierarchy of preferred LFG uses:- Gas cleaning and upgrade to pipeline quality gas;
- Energy recovery with gas pretreatment or conver-
sion to a reusable chemical product; - Energy recovery without gas pretreatment;
- Flares with high combustion efficiency (i.e., 98%
or greater); - Vents, if no economically feasible use for the gas
is available.
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