Existing Section 200.9, Table 1 is amended to read as follows:

Table 1

Existing Section 200.10, Table 2 is amended to read as follows:

Table 2

Delegated Federal New Source Performance Standards of 40 CFR 60

The existing Part 208 is repealed. New Part 208 will be adopted as follows:

1. INTRODUCTION

The New York State Department of Environmental Conservation (Department) regulates emissions from municipal solid waste (MSW) landfills pursuant to 6 NYCRR Part 208, “Landfill Gas Collection and Control Systems for Certain Municipal Solid Waste Landfills” (Part 208). The Department promulgated Part 208 on September 24, 2001 pursuant to section 111 of the Clean Air Act (CAA) and the implementing regulations, which requires states to develop and implement a State Plan that incorporates the federal Emission Guideline (EG) set forth in 40 CFR Part 60, Subpart Cc, “Standards of Performance for New Stationary Sources and Guidelines for Control of Existing Sources: Municipal Solid Waste Landfills” (Subpart Cc), as issued by the U.S. Environmental Protection Agency (EPA) on March 12, 1996.

On August 29, 2016, EPA updated the federal EG, codified at 40 CFR Part 60, Subpart Cf, “Emission Guidelines and Compliance Times for Municipal Solid Waste Landfills” (Subpart Cf). To continue complying with the CAA and newly adopted federal regulations, the Department proposes to repeal existing Part 208, replacing it with a new Part 208, and revising Part 200, “General Provisions” to incorporate by reference the newly updated federal EG for MSW landfills under Subpart Cf.

The revised EG is designed to reduce emissions of landfill gas containing non-methane organic compounds (NMOC) and methane by lowering the emission threshold at which a landfill must install and operate a landfill gas collection and control system (GCCS). Once this proposal is adopted, the Department is required to revise its State Plan to reflect the new EG and submit the State Plan to EPA for review and approval.

2. SUMMARY OF RULE

The Department proposes to repeal existing Part 208 and replace it with a new Part 208, as well as revise Part 200 to incorporate by reference new federal Subpart Cf. Key provisions of this rule include:

• Retaining the rule applicability design capacity threshold of 2.5 million megagrams (Mg) and 2.5 million cubic meters of waste

• Lowering the trigger threshold for installing a GCCS from 50 Mg/year to 34 Mg/year for active MSW landfills

• Maintaining the current 50 Mg/year trigger threshold for installing a GCCS for closed MSW landfills

• New alternative modeling procedure called “Tier 4” for determining when to install a GCCS

• New and updated definitions

• Removal of wellhead oxygen/nitrogen operational standards and corresponding corrective action for their exceedances

• New required electronic reporting using EPA’s electronic reporting tool (ERT)

• New criteria for capping, removing or decommissioning a portion of the GCCS in low producing landfill gas areas

• New requirements for expanding landfill gas treatment

• New provisions for startup, shutdown and malfunction periods.

3. STATUTORY AUTHORITY

The statutory authority for the promulgation of 6 NYCRR Part 208 and the attendant revision to 6 NYCRR Part 200 is found in the New York State Environmental Conservation Law (ECL), Sections 1-0101, 3-0301, 3-0303, 19-0103, 19-0105, 19-0107, 19-0301, 19-0302, 19-0303, 19-0305, 71-2103, and 71-2105.

4. LEGISLATIVE OBJECTIVES

Article 19 of the ECL was enacted to safeguard the air resources of New York from pollution and ensure protection of the public health and welfare, the natural resources of the state, and physical property by integrating industrial development with sound environmental practices.

5. NEEDS AND BENEFITS

EPA’s action to revise the EG was initially part of President Obama’s “Climate Action Plan: Strategy to Reduce Methane Emissions”, directing federal agencies to look at reducing methane emissions. Methane is a potent greenhouse gas pollutant – one of six identified by EPA that endangers public health and welfare – and landfills are the second largest industrial sources of methane emissions in the United States. EPA concluded that it was appropriate to update the EG adopted in 1996 due to significant changes in the landfill industry, e.g., an improved understanding of landfill gas emissions, changes in both landfill size and their age and public comments received through an advance notice of proposed rulemaking. 81 Fed. Reg. 59275 (August 29, 2016).

In New York State, as part of Governor Cuomo’s 2015 Opportunity Agenda, the Governor introduced Climate Smart NY with the commitment to lay the groundwork for the Community Risk & Resiliency Act (CRRA). Chapter 355 of the Laws of 2014. As a commitment to addressing climate change, the Governor tasked state agencies with developing methane capture standards and programs to reduce emissions and make New York’s energy system more efficient and cost effective. In an effort to achieve cost-effective and quantifiable methane reductions, the agencies identified three of the largest methane emitting sectors in the state: agricultural livestock, the oil and gas sector and landfills. These three sectors are the center of the Governor’s Methane Reduction Plan that was released in May 2017.

6. COSTS

An analysis revealed that every “existing” MSW landfill (i.e., landfills that have accepted waste after November 8, 1987 and began construction, reconstruction or modification prior to July 17, 2014) from across the state has already installed a GCCS. Since every affected MSW landfill has already incurred the costs for installing their GCCS, and for obtaining the required Title V permits, the costs under this proposal are negligible. These costs would include the sustained operating and maintenance of the GCCS equipment along with some additional regulatory monitoring and reporting requirements.

7. PAPERWORK

Existing MSW landfills in the new “closed landfill subcategory” will have to submit a closure report within one year of new Part 208 becoming effective in order to maintain the current 50 Mg/yr NMOC trigger threshold for installing and operating, or removing a GCCS. Closure criteria will include a requirement to prepare a written closure plan and to install a final cover system. Landfills in the closed landfill subcategory would also be exempt from any initial reporting requirements (i.e., initial design capacity, initial NMOC emission rate, GCCS design plan, initial annual report, equipment removal report, and initial performance test report), provided they already meet these requirements under existing Part 208 or Subpart WWW.

Qualified MSW landfills already actively operating a GCCS can use the optional Tier 4 methodology to remain exempt from the GCCS monitoring and reporting requirements. The initial Tier 4 monitoring procedure requires four quarters of surface emissions monitoring (SEM) of methane below 500 ppm, followed by quarterly SEM for active landfills and annual SEM for closed landfills. Landfills are allowed to operate the non-regulatory GCCS during the Tier 4 SEM demonstration provided they operated the prerequisite hours prior to the demonstration. This requires the landfills to keep records on the operating hours of the GCCS sending landfill gas to the destruction devices. The on-going Tier 4 procedure for both active and closed landfills requires a thirty-day notification of the SEM testing, readily accessible records (i.e., SEM monitoring information, instrument calibrations, digital photographs of the instrument setup) kept for at least 5 years, and annual reports of the SEM monitoring results.

New Subpart Cf removes the nitrogen/oxygen operational standards at the wellheads. This will eliminate any corrective action due to exceedances and the associated cost for reporting. The monthly wellhead monitoring and record keeping will remain so that landfills can continue to make the necessary adjustments to the GCCS; however, the records must be kept up-to-date for at least 5 years and made available to the Department upon request. The operational standard, corrective action and corresponding recordkeeping and reporting for temperature and negative pressure will continue to be required for landfill gas collection wells.

While there are no additional regulations for “wet” (i.e., those that accept liquid waste or recirculate leachate) landfills in Subpart Cf, there will be some new recordkeeping and annual reporting requirements. This will include historic reporting on the amount of leachate recirculated, and that this information be submitted to EPA electronically through the Electronic Reporting Tool (ERT).

The proposed revisions require new surface monitoring obligations, including the monitoring of all cover surface penetrations and openings during quarterly SEM events, in addition to the current required monitoring of locations (i.e., landfill perimeter path, traverse path across the landfill surface, and areas identified visually as leaks). In addition, the location in latitude/longitude marking each surface emission exceedance (500 ppm above background) must be recorded in decimal degrees with an instrument accuracy of at least +/- 4 meters. While landfills can still mark exceedances with the old technology (i.e., marker flags, handwritten exceedance locations in notebooks to be later transferred to an office computer), they may benefit from opting to use a hand-held global positioning system (GPS) device instead. GPS devices can provide an exceedance location (latitude/longitude coordinates) in the required decimal degrees with an accuracy down to at least five decimal places. The GPS locations are taken in real time, which will minimize the labor involved collecting and recording the exceedance data. In addition, GPS devices used in conjunction with landfill electronic data management systems will provide a more comprehensive record and understanding of the landfills GCCS performance.

The proposed revisions establish new federally-mandated electronic reporting requirements for certain required performance test reports, NMOC emissions rate reports, annual reports, Tier 4 emission rate reports, and wet landfill practices through EPA web portal the Central Data Exchange (CDX) using the Compliance and Emissions Data Reporting Interface (CEDRI), i.e., the ERT. Landfills will be required to maintain electronic copies of the records instead of hardcopies to satisfy the federal recordkeeping requirements. EPA stated that this will increase the usefulness of the data contained in the reports and lessen the drain on the regulated community. However, landfills will still be required to provide hard copies of any required reports to the Department.

Under the new requirements for landfill gas treatment, landfills will be required to develop a site-specific treatment system monitoring plan and keep records demonstrating effective monitoring of filtration, dewatering, and compression system performance. The treatment system monitoring plan is required to be submitted as part of a Title V permit application and include the operating parameters in the permit as applicable enforceable requirements. Since every affected MSW landfill in the state already has a Title V permit, these parameters will not be incorporated until their next permit modification or renewal.

GCCS design plans (Plan) are now required to be updated within ninety days of expansion of the GCCS into a new area not covered by the previously approved Plan, or prior to making any changes to the GCCS that are not consistent with the current Plan. GCCS design plans must continue to be prepared and approved by a professional engineer. Landfills must notify the Department when the Plan is completed and provide a copy of the Plan’s signature page.

8. LOCAL GOVERNMENT MANDATES

The proposed revisions do not impose a local government mandate. Any additional paperwork or staffing requirements are expected to be minimal. The authority and responsibility for implementing and administering Part 208 resides with the Department. In addition, it is the Department’s responsibility to submit the State Plan incorporating new Subpart Cf to EPA for approval.

9. DUPLICATION BETWEEN THIS REGULATION AND OTHER REGULATIONS AND LAWS

With the proposed revisions to Part 208 there will only be one air emission regulation for existing MSW landfills to comply with. Therefore, there will be no duplication between this regulation and any other regulations and laws.

10. FEDERAL STANDARDS

Because the Department is adopting a federal program in Subpart Cf, there will be no exceedance of any minimum standards of the federal government.

11. COMPLIANCE SCHEDULE

Landfills will have thirty days from adoption to comply with this regulation. Any applicable monitoring, record keeping and reporting requirements are specified in Subpart Cf.

The New York State Department of Environmental Conservation (Department) regulates emissions from municipal solid waste (MSW) landfills pursuant to 6 NYCRR Part 208, “Landfill Gas Collection and Control Systems for Certain Municipal Solid Waste Landfills” (Part 208). The Department promulgated Part 208 on September 24, 2001 pursuant to section 111 of the Clean Air Act (CAA) and the implementing regulations, which requires states to develop and implement a State Plan that incorporates the federal Emission Guideline (EG) set forth in 40 CFR Part 60, Subpart Cc, “Standards of Performance for New Stationary Sources and Guidelines for Control of Existing Sources: Municipal Solid Waste Landfills” (Subpart Cc), as issued by the U.S. Environmental Protection Agency (EPA) on March 12, 1996.

On August 29, 2016, EPA updated the federal EG, codified at 40 CFR Part 60, Subpart Cf, “Emission Guidelines and Compliance Times for Municipal Solid Waste Landfills” (Subpart Cf). To continue complying with the CAA and newly adopted federal regulations, the Department proposes to repeal existing Part 208, replacing it with a new Part 208, and revising Part 200, “General Provisions” to incorporate by reference the newly updated federal EG for MSW landfills under Subpart Cf.

The revised EG is designed to reduce emissions of landfill gas containing non-methane organic compounds (NMOC) and methane by lowering the emission threshold at which a landfill must install air pollution controls - consisting of the same basic controls currently utilized, i.e., a well-designed and operated landfill gas collection and control system (GCCS) - but on an accelerated basis.

EFFECT OF THE RULE

Local governments, other than those municipalities owning MSW landfills, are not expected to be directly affected by the proposed revisions to Part 208. For municipal-owned MSW landfills the proposed revisions will impact them in a similar manor by which they are currently regulated. Furthermore, since the majority of MSW landfills reside in rural areas the proposed revisions are not expected to directly affect small businesses.

COMPLIANCE REQUIREMENTS

Local governments and small businesses are not expected to be directly affected by the proposed revisions to Part 208. Municipal-owned MSW landfills will have thirty days from the effective date to comply with this regulation. Any applicable monitoring, record keeping and reporting requirements are specified in Subpart Cf.

PROFESSIONAL SERVICES

It is not anticipated that small businesses will need professional services to comply with the proposed revisions to Part 208.

COMPLIANCE COSTS

Local governments and small businesses are not expected to be directly affected by the proposed revisions to Part 208. For municipal-owned MSW landfills, an analysis performed revealed that every applicable MSW landfill from across the state has already installed a GCCS. Since every affected MSW landfill has already incurred the costs for installing their GCCS, and for obtaining the required Title V permits, the costs under this proposal are negligible. These costs would include the sustained operating and maintenance of the GCCS equipment along with some additional regulatory monitoring and reporting requirements.

MINIMIZING ADVERSE IMPACT

Local governments and small businesses are not expected to be directly affected by the proposed revisions to Part 208. However, in recognition of the potential for adverse impacts on municipal-owned MSW landfills, Department staff led a broad stakeholder process. Department staff in April 2017, met with stakeholders (i.e., Waste Management and GHD) at High Acres Landfill in Fairport, NY at the NYSDEC’s Region 8 Avon sub office, and again in May and June at the Albany and Colonie landfills, respectively, to discuss the proposed rule. In addition, Department staff conducted a comprehensive stakeholder conference call that included: MSW landfills, environmental justice groups, environmental advocacy groups and environmental consultants working on landfill related issues.

SMALL BUSINESS AND LOCAL GOVERNMENT PARTICIPATION

Local governments and small businesses are not expected to be directly affected by the proposed revisions to Part 208. As stated above, regarding potential adverse impacts on municipal-owned MSW landfills, Department staff conducted a comprehensive outreach effort with stakeholders. Additionally, the public, including those involved in small businesses and local governments, will have the opportunity to review and comment on the proposed rule in accordance with State rulemaking procedures and requirements.

ECONOMIC AND TECHNOLOGICAL FEASIBILITY

Local governments and small businesses are not expected to be directly affected by the proposed revisions to Part 208. As stated previously, since every applicable MSW landfill state-wide has already installed a GCCS, thus effectively reducing landfill emissions, there should be no economic and technical feasibility concerns for local governments and small businesses.

The New York State Department of Environmental Conservation (Department) regulates emissions from municipal solid waste (MSW) landfills pursuant to 6 NYCRR Part 208, “Landfill Gas Collection and Control Systems for Certain Municipal Solid Waste Landfills” (Part 208). The Department promulgated Part 208 on September 24, 2001 pursuant to section 111 of the Clean Air Act (CAA) and the implementing regulations, which requires states to develop and implement a State Plan that incorporates the federal Emission Guideline (EG) set forth in 40 CFR Part 60, Subpart Cc, “Standards of Performance for New Stationary Sources and Guidelines for Control of Existing Sources: Municipal Solid Waste Landfills” (Subpart Cc), as issued by the U.S. Environmental Protection Agency (EPA) on March 12, 1996.

On August 29, 2016, EPA updated the federal EG, codified at 40 CFR Part 60, Subpart Cf, “Emission Guidelines and Compliance Times for Municipal Solid Waste Landfills” (Subpart Cf). To continue complying with the CAA and newly adopted federal regulations, the Department proposes to repeal existing Part 208, replacing it with a new Part 208, and revising Part 200, “General Provisions” to incorporate by reference the newly updated federal EG for MSW landfills under Subpart Cf.

The revised EG is designed to reduce emissions of landfill gas containing non-methane organic compounds (NMOC) and methane by lowering the emission threshold at which a landfill must install air pollution controls - consisting of the same basic controls currently utilized, i.e., a well-designed and operated landfill gas collection and control system (GCCS) - but on an accelerated basis.

TYPES AND ESTIMATED NUMBERS OF RURAL AREAS AFFECTED

The majority of MSW landfills currently regulated by existing Part 208 reside in rural communities. As a result, the proposed revisions will have similar regulatory impacts where additional environmental benefits are realized from the reduction in landfill emissions. Furthermore, because every affected existing MSW landfill has already installed a GCCS, the Department expects no adverse impacts on rural communities attributed to this rulemaking.

COMPLIANCE REQUIREMENTS

Landfills will have thirty days from the effective date to comply with this regulation. Any applicable monitoring, record keeping and reporting requirements are specified in Subpart Cf.

COSTS

An analysis revealed that every affected existing MSW landfill has already installed a GCCS. Since every applicable MSW landfill has already incurred the costs for installing their GCCS, and for obtaining the required Title V permits, the costs under this proposal are negligible. These costs would include the sustained operating and maintenance of the GCCS equipment along with some additional regulatory monitoring and reporting requirements. The Department does not anticipate any additional costs associated with this rulemaking to be greater in rural areas where the majority of MSW landfills already reside.

MINIMIZING ADVERSE IMPACT

To minimize any adverse impacts, Department staff in April 2017, met with stakeholders (i.e., Waste Management and GHD) at High Acres Landfill in Fairport, NY at the NYSDEC’s Region 8 Avon sub office, and again in May and June 2017 at the Albany and Colonie landfills, respectively, to discuss the proposed rule. In addition, Department staff conducted a comprehensive stakeholder conference call that included MSW landfills, environmental justice groups, environmental advocacy groups and environmental consultants working on landfill related issues.

RURAL AREA PARTICIPATION

As stated above, Department staff met with many stakeholders, including the MSW landfills which are located in rural areas of the state, thus providing stakeholders the opportunity to participate in the development of the proposed rule. Additionally, the public, including those located in rural areas of the state, will have the opportunity to review and comment on the proposed rule in accordance with State rulemaking procedures and requirements.

The New York State Department of Environmental Conservation (Department) regulates emissions from municipal solid waste (MSW) landfills pursuant to 6 NYCRR Part 208, “Landfill Gas Collection and Control Systems for Certain Municipal Solid Waste Landfills” (Part 208). The Department promulgated Part 208 on September 24, 2001 pursuant to section 111 of the Clean Air Act (CAA) and the implementing regulations, which requires states to develop and implement a State Plan that incorporates the federal Emission Guideline (EG) set forth in 40 CFR Part 60, Subpart Cc, “Standards of Performance for New Stationary Sources and Guidelines for Control of Existing Sources: Municipal Solid Waste Landfills” (Subpart Cc), as issued by the U.S. Environmental Protection Agency (EPA) on March 12, 1996.

On August 29, 2016, EPA updated the federal EG, codified at 40 CFR Part 60, Subpart Cf, “Emission Guidelines and Compliance Times for Municipal Solid Waste Landfills” (Subpart Cf). To continue complying with the CAA and newly adopted federal regulations, the Department proposes to repeal existing Part 208, replacing it with a new Part 208, and revising Part 200, “General Provisions” to incorporate by reference the newly updated federal EG for MSW landfills under Subpart Cf.

The revised EG is designed to reduce emissions of landfill gas containing non-methane organic compounds (NMOC) and methane by lowering the emission threshold at which a landfill must install air pollution controls - consisting of the same basic controls currently utilized, i.e., a well-designed and operated landfill gas collection and control system (GCCS) - but on an accelerated basis.

NATURE OF IMPACT

New Part 208 will not have an adverse impact on job and employment opportunities. An analysis revealed that every affected “existing” MSW landfill from across the state has already installed a GCCS. Since every affected MSW landfill has already incurred the resources (i.e., manpower, costs) for installing their GCCS, and for obtaining the required Title V permits, the impact is negligible. In addition, existing MSW landfills already employ the necessary staff to sustain the operating and maintenance of the GCCS equipment along with the regulatory monitoring and reporting requirements.

The impact on the Department consists of time for rulemaking development and outreach. Department enforcement staff will continue to conduct enforcement activities to ensure compliance with the current Part 208, and the revised rule is not expected to require additional staff time to implement the rule.

CATEGORIES AND NUMBERS OF JOBS OR EMPLOYMENT OPPORTUNITIES AFFECTED

Because every affected existing MSW landfill has already installed a GCCS and is meeting the current regulatory requirements, which are very similar to the new ones, the Department expects no adverse employment opportunity impact attributed to this rulemaking.

REGIONS OF ADVERSE IMPACT

The MSW landfills affected by this proposal are distributed throughout the state. Because every affected existing MSW landfill has already installed a GCCS and is meeting the current regulatory requirements, which are very similar to the new ones, the Department expects no adverse employment opportunity impact attributed to this rulemaking.

MINIMIZING ADVERSE IMPACT

To minimize any adverse impacts, Department staff in April 2017 met with stakeholders (i.e., Waste Management and GHD) at High Acres Landfill in Fairport, NY at the NYSDEC’s Region 8 Avon sub office, and again in May and June 2017 at the Albany and Colonie landfills, respectively, to discuss the proposed rule. In addition, in May, 2018 Department staff conducted a comprehensive stakeholder conference call that included MSW landfills, environmental justice groups, environmental advocacy groups and environmental consultants working on landfill related issues.

Additionally, this regulation contains flexibility that will facilitate compliance, including an optional Tier 4 methodology by which MSW landfills currently operating a GCCS can remain exempt for the GCCS monitoring and reporting requirements; the removal of the nitrogen/oxygen operational standards at the wellheads which will eliminate any corrective action due to exceedances and the associated cost for reporting; and new federal electronic reporting requirements which allows landfills to maintain electronic copies of certain records instead of hard copies.

SELF-EMPLOYMENT OPPORTUNITIES

The adoption of revised Part 208 is not expected to result in negative impacts to self-employment opportunities.