Hazardous and Municipal Waste Management Operations Air Regulation

In addition to numerous federal and state regulatory standards applying under waste management legislation, the treatment and disposal of municipal, residual, and hazardous waste implicate many air quality regulations. The attorneys in MGKF's air quality practice have considerable experience in addressing air quality permitting and compliance issues critical to the waste industry.

Hazardous Waste Facilities: Hazardous waste management activities potentially trigger air quality regulations promulgated under the federal Resource Conservation and Recovery Act ("RCRA"), including subparts A, B, and C to the federal Part 264 regulations. These requirements often apply to hazardous waste management activities at the generator's facility, even where only on-site wastes are managed. The combustion of hazardous waste may involve regulations under both RCRA and the Clean Air Act, notably including federal and state standards applicable to boilers and industrial furnaces (the "BIF" regulations).

Facilities that receive off-site waste for treatment may be subject to numerous operational and control standards, such as regulations applicable to benzene waste operations and off-site waste recovery activities. These facilities may also be subject to hazardous air pollutant regulations under the Clean Air Act to the extent that they accept for treatment waste or wastewater from independent third parties, and the originating source relies upon the treatment facility to satisfy the generator's air pollution control requirements.

Municipal Waste Facilities: With the promulgation of the Standards of Performance for New Stationary Sources applicable to Municipal Solid Waste Landfills, the related Emission Guidelines, and the Maximum Achievable Control Technology ("MACT") standards for municipal solid waste landfills, municipal waste facilities are now subject to numerous air quality-related requirements. In addition, regulatory requirements applicable to the disposal of asbestos-containing material remain an ongoing consideration for these sources. Our professionals have extensive experience in interpreting these regulatory programs, as well as responding to federal and state enforcement actions in this area and assisting facilities in satisfying numerous reporting requirements.

Air quality permitting obligations now extend not only to landfill gas combustion units, but also to municipal waste landfills and their expansions. Further, the use of landfill gas-fired turbines for energy production not only potentially triggers a relevant New Source Performance Standard ("NSPS") for stationary gas turbines, but also has implications for the applicability of landfill gas control requirements under the landfill NSPS.

We have extensive experience working with emission estimation techniques for waste operation air sources, scrutinizing and tailoring permit terms to ensure operational flexibility and securing permits on an expedited basis.

_{©2006 Photo by Cie Stroud}

Among other representations in this area, our professionals have assisted clients in the following specific matters:

• MGKF provided regulatory counseling and permit assistance on air quality requirements applicable to hazardous waste combustion facilities, including cement kilns; commercial treatment, storage and disposal facilities; and captive BIFs associated with chemical processing facilities.
• We advised a specialty chemical manufacturing facility on compliance obligations under the National Emission Standards for Hazardous Air Pollutants ("NESHAP") for hazardous organics ("HON") and miscellaneous organics ("MON") associated with receiving and processing wastewater containing regulated hazardous air pollutants from off-site sources.
• The firm assisted an international company in formulating and providing comments on EPA's rulemaking efforts concerning the Municipal Landfill NSPS.
• We assisted a major municipal waste landfill company with all aspects of landfill NSPS compliance requirements, including permitting standards, compliance obligations, reporting and recordkeeping standards, and landfill gas emission control programs.
• The firm represented a company in responding to a regional EPA enforcement initiative concerning landfill gas measurement and control techniques, including negotiating a favorable settlement to resolve all allegations and reach agreement on acceptable program implementation at numerous sites.
• MGKF assisted commercial industrial waste management facilities in responding to state and federal enforcement actions concerning compliance with the benzene waste NESHAPs, the off-site waste and recovery operations MACT, and control system efficiency requirements.
• We represented a private municipal waste incinerator company in responding to state enforcement actions concerning alleged noncompliance with air quality standards, appealing objectionable air quality permit terms, and evaluating siting and permitting issues associated with potential development of new facilities.

• We advised a major waste disposal company regarding reporting obligations under EPA’s Greenhouse Gas Reporting Program.

Our professionals can assist you in identifying relevant emission units, projecting emissions, securing permits, responding to enforcement actions, and devising effective and efficient client strategies for all air quality requirements applicable to your waste management operations.