Mandated Monitoring of Greenhouse Gases to Begin January 1st
Shannon Crawford, Manager of Legislative and Regulatory Programs

Beginning January 1, 2010, facilities covered by EPA’s Mandatory Greenhouse Gas Reporting Rule are required to begin monitoring their emissions. In their ruling, signed in late September, EPA finalized reporting requirements for 31 different sectors, including both landfills and waste-to-energy plants. EPA was directed to develop the mandatory reporting rule, by Congress, as part of a 2008 Appropriations Bill. EPA plans on using the information they receive to better understand the sources of emissions and to develop future policies to reduce greenhouse gases. They have estimated that their ruling will cover 85% of all emissions in the US. SWANA commented on this ruling during the spring comment period and has consulted with EPA throughout the process in order to be able to provide better information to our members. If covered facilities would like to petition for a judicial review they have until December 29, 2009 to file.

Both landfills and waste-to-energy facilities will be required to report their direct GHG emissions if above 25,000 tons of CO2e annually. These facilities are mandated to report all six of the greenhouse gas emissions listed in the rule. Importantly, municipalities and waste management companies will not be required to report indirect emissions resulting from electricity use or direct fleet generated emissions. However, because the rule focuses only on reporting emissions, they will not be able to lower their emission number by accounting for offsets or carbon sequestration.

EPA is currently developing an electronic reporting to system to help ease the burden on regulators as well as reporters. It will be web-based and designed to guide reporters through data entry and submission. This system will include built-in calculations and completeness checks and will allow self-verification with EPA verification of reporting.

One of SWANA’s primary concerns with the proposal was the early start date to begin reporting and the lack of lead time to prepare for GHG emissions data collection. In our comments we requested a one year grace period similar to what was done in California when the Air Resource Board implemented reporting of GHGs. Instead of a one-year grace period, EPA offered a transition period during the first quarter of 2010. During this period, reporters may use “best available monitoring methods” to estimate their GHG emissions. This could include using emissions estimates in the rule itself or information obtained from current monitoring methods or calculations. If facilities would like to extend their use of best available data, they must request an extension by January 28, 2010. No extensions will be granted past December 31, 2010.

Failure to comply with this rulemaking could result in enforcement action under the Clean Air Act. These penalties are severe ranging up to $37,500 per day per violation. Potential violations include:

• Failure to report GHGs
• Failure to collect data needed to calculate GHGs
• Failure to monitor continuously as required by the ruling
• Falsification of reports

EPA has indicated they intend to evaluate each violation individually. The final rule allows them the flexibility to exhaust less punitive actions before taking a more severe step. This, they believe, is consistent with other programs under the Clean Air Act.

Another concern SWANA raised regarding the proposed rule was the lack of a mechanism to exit the program should emissions fall below the reporting threshold. This is especially important in the landfill industry where emissions for closed sites dissipate over time. To address this issue EPA added a provision for facilities to cease reporting if they meet one of the following criteria:

• Five consecutive years below 25,000 tons of CO2e
• Three consecutive years below 15,000 tons of CO2e
• If GHG-emitting processes or operations shut down

The first emissions report is due March 31, 2011and will cover 2010 emissions.

Landfills and waste-to-energy plants are both specifically addressed in the ruling.

Waste-to-Energy Operations

WTE operations are covered under the provisions in Subpart C- Stationary Fuel Combustion Sources and essentially all facilities in the country will be reporting. Subpart C breaks its reporting provisions into four tiers each with different monitoring methods and requirements. WTE facilities will be reporting under either the Tier 2 method or Tier 4 depending on the size of the facility. EPA has designated the threshold for WTE plants to be 250 tons per day. If a unit processes less than 250 tpd they use the Tier 2 monitoring method, if they process over 250 tpd they must use the Tier 4 protocols, which require part 75 continuous emissions monitors (CEMS). In our comments, SWANA had requested that all WTE facilities be allowed to use the Tier 2 method, but this comment was not incorporated in the final rule.

All facilities must report their annual mass emissions of CO2, nitrous oxide and methane. Tier 2 facilities must calculate their emissions based on the total mass of steam generated by MSW, the ratio of the boiler’s maximum rated heat input to its design rated steam ouput capacity (mmBtu/lb steam) and an emission factor. Tier 4 facilities must measure their emissions using continuous emissions monitoring. This would require stack gas volumetric flow rate and CO2 concentration instruments installed on each unit. Tier 4 facilities only need to continuously monitor their CO2 emissions; they may use emissions factors for the other GHGs. Smaller facilities that already have CEMS installed would most likely have to use this information for their reporting, even if they are below the 250 tpd threshold.

Biogenic emissions of CO2 must also be reported, but they are not included in the 25,000 tons threshold. The biogenic emissions would be determined by doing quarterly sampling which is sent to a lab for radiocarbon testing using method ASTM D6866.

Tier 4 facilities that do not have CEMS installed may use Tier 2 reporting requirements during 2010, but beginning on January 1, 2011, they must have CEMS installed.

Landfills

Subpart HH specifies the reporting requirements for MSW landfills, which would include the emissions from the landfill itself, LFG collection systems and LFG destruction devices. Not included in this provision are hazardous waste landfills, C&D landfills and industrial landfills. MSW Landfills that generate more than 25,000 tons of CO2e of methane would be required to report their GHG emissions, regardless of whether or not the methane is destroyed. This is a very low threshold for landfills and according to estimates could include landfills with as little as 350,000 metric tons of waste in place or landfill gas recovery of about 900 metric tons per year of methane. To help landfills determine if they will need to report EPA has developed an online applicability tool.

Landfills without gas collection systems must model their generation rate and subtract the default soil oxidation rate of 10% to must calculate their total emissions. Landfills that control their methane emissions must calculate their methane emissions in two ways and report both results. The first method is to subtract the amount of methane recovered from the modeled generation rate (with adjustments for soil oxidation and the destruction efficiency of the control device); the second method is to apply a gas collection efficiency to the measured amount of CH4 recovered to calculate CH4 generation, then subtracting the measured amount of CH4 recovered (with adjustments for soil oxidation using the default value and destruction efficiency of the destruction device) using the equations provided.

In order to complete these calculations landfills must monitor the following either continuously or weekly:
• Amount of waste coming in
• Concentration of methane in collected LFG using a gas composition monitor
• LFG flow rate with gas flow meter (for landfills with collection systems)

The rule specifies six different methods for monitoring methane concentration: five using gas chromatography and one using total organic carbon. EPA has also confirmed that landfills may use portable methane composition analyzers such as Landtec GEM and Envision as well as gas composition meters using nondispersive infrared technology (NDIR). The rule specifies eight different methods for determining gas flow rate. EPA has indicated that in addition to these methods landfills may use thermal mass flow meters to calculate this figure. Talks with EPA clarifying acceptable techniques for monitoring methane concentrations and measuring flow rates, are likely to continue.

Landfills that currently continuously monitor flow rate, CH4 concentration, temperature, pressure and moisture content using a meter specifically for CH4 must use this system for emissions reporting. Landfill gas to energy projects would also report their emissions of CO2, methane and nitrous oxide using stationary combustion source provisions if the landfill is subject to Subpart HH.

Please contact me directly with any questions.

Shannon Crawford
Manager of Legislative and Regulatory Programs
240-494-2241 - direct

SWANA Works to Advance Recycling

John H. Skinner, Ph.D., SWANA Executive Director and CEO

On November 15th, millions of Americans celebrated the 14th anniversary of America Recycles Day and pledged to increase their recycling habits at home and work and to buy products made with recycled materials. Looking back over the past few decades, recycling progress has been significant, with the national recycling rate increasing from less than 10% in the 1980s to over 33% today. During that period, tens of thousands of community recycling programs were established across the country. However, even with this progress, this is a time of uncertainty for the recycling movement in North America. The precipitous decline in recycled commodity prices that started a year ago has adversely affected the economics of many local recycling programs. While prices are improving, communities continue to find it difficult to expand their recycling efforts during this period of economic downturn and significant cuts in municipal budgets.

At the same time, some of the national recycling associations are working through a period of significant change and are facing challenges of their own. The National Recycling Coalition (NRC), a leader in the recycling movement over the past 30 years is struggling to reduce its debt and reorganize its programs to avoid bankruptcy. Keep America Beautiful (KAB) has stepped forward to continue some of NRC’s prior efforts and is working to provide better recycling support to its extensive affiliate network. The newly established Recycling Organizations of North America (RONA) has shouldered the ambitious goal of attempting to link together grassroots recycling programs across the country.

SWANA has communicated its willingness and interest to continue to work cooperatively with all recycling organizations to advance recycling in North America. We believe that we are facing an unprecedented opportunity to make recycling a cornerstone of the international efforts to mitigate global warming and to reduce the dependence on non-renewable energy. In addition, we believe that recycling can be advanced by strengthening its connection to community development goals, job creation and green manufacturing efforts. Now more than ever, it is imperative for the national recycling associations to work together on some of these common challenges and opportunities.

We believe that we have some unique strengths and resources that can compliment and help the other members of the recycling community. We pledge to continue our bedrock efforts related to recycling training, education, certification, research and advocacy in order to assist our members in carrying out effective recycling programs in their communities. SWANA will continue to work to advance recycling in North America through the following programs.

Training, Education and Certification

SWANA prides itself on its cutting edge training program. We will continue to put forward new and updated courses targeted at recycling professionals.

• The Manager of Recycling Systems Training Course
  This course, updated with additional new information in May 2009, covers the planning, developing, marketing, funding, contracting and managing of recycling programs. This includes collection, processing, end-use standards, and protection of human health and the environment. This course prepares students to become a Certified Recycling Manager by taking and passing the Recycling Systems Certification exam.
• The Managing Composting Programs Certification Training Course
  This newly updated course, given for the first time in September 2009, prepares students for the SWANA/ United States Composting Council Certification Exam and covers composting lawn, wood, food and agricultural materials and the planning, design and operation of composting facilities.
• The Managing Construction & Demolition Debris Training Course
  Updated in December 2008, this course covers the basics of managing construction and demolition materials, including definition, composition, recycling, environment and human safety issues. This course prepares students for the SWANA/Construction Materials Recycling Association (CMRA) C&D Certification.

Annual Recycling Symposium and Conference
For over 10 years SWANA has put on an annual recycling and special waste symposium entitled Thinking Outside the Blue Box. This symposium encourages innovation in recycling and special waste management by going beyond typical curbside programs and focuses extensively on recycling, composting, product stewardship and special waste issues. The Winter Training Center held in conjunction with the symposium, offers a variety of SWANA recycling training courses and certification exams. This year’s symposium will be held on February 8-13, 2010 in Charlotte, NC. For more information see: http://www.thinkingoutsidethebluebox.org/.

SWANA’s Annual Conference and Equipment Exhibition, WASTECON®, will continue to include recycling education and training as a special theme along with other aspects of integrated solid waste management. This year’s WASTECON® will be held in Boston, MA on August 15-17, co-located with the APWA Annual Conference and Exhibition. For more information on WASTECON® see http://www.wastecon.org/.

The SWANA Recycling and Special Waste Technical Division
SWANA has seven Technical Divisions which provide opportunities for our members to meet, interact and share information with other professionals specializing in various aspects of solid waste management. As our second largest Technical Division with over 600 members, the Recycling and Special Waste Division actively works to advance recycling, composting and special waste practices and to reduce waste. The Division members plan and put on the annual symposium and conference programs, develop and teach the various recycling training courses, participate in regulatory and legislative advocacy efforts and engage in many networking and information sharing efforts.

Recycling Research
In its 9th year, SWANA’s Applied Research Foundation carries out collectively-funded and defined applied research projects that address pressing solid waste management issues. The Foundation has produced many research reports that are available to SWANA members and the general public for free or at nominal prices. Research reports in the recycling area include: Curbside Collection of Residential Food Waste, Recycling and Disposal of Discarded Consumer Electronics, Markets for Recovered C&D Materials, Separation of Food Wastes from Multi Family Buildings and Dual Collection of MSW and Yard Wastes. The Foundation’s research results have reached tens of thousands of solid waste professionals through publication in MSW Management and Resource Recycling Magazines.

Excellence Awards
SWANA’s Excellence Awards Program recognizes outstanding solid waste and recycling programs and facilities that advance environmentally and economically sound practices through effective technologies and processes in system design and operations, proactive worker and community health and safety, and successful public education and outreach. SWANA provides Gold, Silver and Bronze awards in 13 categories including composting, public education, recycling and integrated solid waste management.

Recycling Advocacy
The goal of SWANA’s advocacy program is to represent the interests of the solid waste and recycling professions by being a proactive advocate of environmentally and economically sound solid waste legislation and regulations. SWANA monitors state, provincial and federal legislative and regulatory activity to keep our members informed of issues pertinent to the municipal solid waste and recycling field and develops quarterly reports on litigation and legislation. SWANA works with outside groups, coalitions, legislators, and agencies to advance our legislative and regulatory goals. In the recycling area, SWANA has endorsed tax credits and accelerated depreciation for recycling equipment, tax free bonds for recycling facility financing, and state and federal grant funding for local recycling programs.

Get involved with SWANA and its 8,000 members and 45 Chapters in the US, Canada and the Caribbean as we work to advance recycling through a full and extensive catalog of training, education, certification, advocacy, research and recognition programs. There is no better time to join the leading association for solid waste professionals to advance both recycling and your career. Send me your ideas. What else can SWANA do to help its members advance recycling in communities throughout North America?