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PROPOSAL:

Amend Rule 1150.1 - Control of Gaseous Emissions From Municipal Solid Waste Landfills and Rescind Rule 1150.2 - Control of Gaseous Emissions From Inactive Landfills

SYNOPSIS:

The proposed amendments address SIP changes recommended by EPA; implement the requirements of 40 CFR, Part 60, Subpart Cc - Emission Guidelines and Compliance Times for Municipal Solid Waste Landfills; include the requirements of Rule 1150.2 - Control of Gaseous Emissions From Inactive Landfills; and embody the Guidelines for Implementation of Rule 1150.1 as an attachment to the proposed rule.

COMMITTEE:

Stationary Source, January 23, 1998, Reviewed

RECOMMENDED ACTION:

1. Certify the Notice of Exemption for Proposed Rule 1150.1 - Control of Gaseous Emissions From Municipal Solid Waste Landfills

2. Amend Rule 1150.1 - Control of Gaseous Emissions From Municipal Solid Waste Landfills

3. Rescind Rule 1150.2 - Control of Gaseous Emissions From Inactive Landfills.

Barry R. Wallerstein, D.Env.
Acting Executive Officer

Background

Rule 1150.1 was originally adopted April 5, 1985 for landfills that received waste on or after January 1, 1982 and are referred to as "active landfills." Rule 1150.2 was originally adopted October 18, 1985 for landfills that received waste before January 1, 1982 and are referred to as "inactive landfills."

The purpose of both rules is to prevent public nuisance and possible detriment to public health caused by exposure to landfill gas (LFG) emissions.

Both rules essentially require the installation of a gas collection and control system, unless the landfill operator can show that they meet the exemption requirements. Rule 1150.2 has not been fully implemented.

To help landfill operators comply with Rule 1150.1, staff developed "Guidelines for Implementation of Rule 1150.1" in October 1985 and subsequently revised the Guidelines in May 1987 and October 1989. The Guidelines were not submitted as part of the original SIP package.

After the adoption of the AQMD landfill rules, EPA announced in 1988, the decision to regulate landfills under the authority of the Clean Air Act (CAA). Therefore, New Source Performance Standards (NSPS) were proposed in 1991 and promulgated in March 1996. The federal rule is separated into two parts: Emission Guidelines (EG) pertaining to emission standards for existing landfills, and NSPS pertaining to emissions standards for new landfills. Each state is expected to implement the standards for applicable landfills.

On June 13, 1997 the AQMD received a limited disapproval for both Rules 1150.1 and 1150.2 to be implemented in the SIP, because of findings of similar deficiencies in each rule.

Proposal

After evaluation of the above events, it is recommended that proposed Rule 1150.1 be amended to address the SIP changes recommended by the U.S. EPA; to implement the requirements of the NSPS in 40 CFR, Part 60, Subpart Cc - Emission Guidelines and Compliance Times for Municipal Solid Waste Landfills; to include the requirements of Rule 1150.2 for inactive landfills and to embody the Guidelines for Implementation of Rule 1150.1 as an attachment to the proposed rule.

AQMP and Legal Mandates

District Counsel has determined that since the proposed amendments do not significantly affect air quality or emission limitations, the proposed amendments only need to be placed on the Board agenda with a 30-day public notice. A noticed public consultation meeting was held on September 3, 1997.

CEQA & Socioeconomic Analysis

The AQMD has reviewed the proposed project pursuant to State CEQA Guidelines §15002 and SCAQMD CEQA Implementation Guidelines §1.2, which involves a three step process for determining the appropriate CEQA document. The first step involves a determination of whether CEQA applies at all. If the project is exempt, the process does not need to proceed any further, and a Notice of Exemption may be prepared (State CEQA Guidelines § 15002 (k)(1).

Proposed amendments to Rule 1150.1 and the recision of Rule 1150.2 will address SIP changes and implement federal requirements. Therefore, the proposed rule amendments and rule recision are exempt from the requirements of CEQA because it can be seen with certainty that the proposed actions have no effect on air quality or any other environmental category as all existing landfills required to install controls have done so [State CEQA Guidelines §15061 (b)(3) and SCAQMD CEQA Implementation Guidelines §5.1 (b)(3)].

A Notice of Exemption has been prepared in accordance with State CEQA Guidelines §15062 and SCAQMD CEQA Implementation Guidelines §5.2, - Notice of Exemption and a copy has been included in the Public Hearing agenda item. The Notice of Exemption will be filed with the county clerks of the Basin counties immediately following the adoption of the proposed rule amendments and rule recision at the Public Hearing.

The proposed amendments do not require additional controls or result in emission reductions and therefore, are not expected to impose cost or other socioeconomic impacts. Since there will be no additional compliance costs, consideration of cost-effectiveness and an incremental cost-effectiveness analysis is not applicable.

Implementation Plan

Municipal solid waste (MSW) landfill operators must comply with the requirements of the rule or submit alternatives to the rule in a Rule 1150.1 Compliance Plan within ninety days after adoption of the proposed amendments to the rule. The alternatives must be approved by the Executive Officer. During the ninety days after the adoption of the rule or during the approval period for the Compliance Plan, the existing Rule 1150.1 Compliance Plans will remain in effect.

Resource Impacts

Not applicable.

Attachments

Summary of Proposed Amendments

Rule Development Process

Key Contacts

Proposed Rule Language

Draft Staff Report

Date for Set Hearing:	January    9, 1998
Date of Hearing:	February 13, 1998

Total Time Spent in Rule Development
 Pre-Board Hearing:      Eight Months

• Environmental Agencies

• Public Agencies

• AQMD Committees

• Industry

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