The United States Environmental Protection Agency (“EPA”) published in the April 13th Federal Register proposed technical revisions and clarifications addressing a Clean Air Act National Emission Standard for Hazardous Air Pollutants (“NESHAP”). See 86 Fed. Reg. 19176.
The technical revisions and clarifications address the Municipal Solid Waste Landfills NESHAP that was published on March 26, 2020.
The statutory authority for the Municipal Solid Waste Landfills NESHAP is found in Sections 112 and 301 of the Clean Air Act.
Hazardous air pollutants emitted by Municipal Solid Waste Landfills are traditionally stated to include, but not be limited to:
- Vinyl chloride
- Ethyl benzene
- Toluene
- Benzene
The March 26, 2020, final rule issued for the Municipal Solid Waste Landfills was the Residual Risk and Technology Review of the NESHAP.
The April 13th Federal Register Notice states that the proposed technical revisions/clarifications address inadvertent errors such as:
- Wellhead monitoring requirements for the purpose of identifying excess air infiltration
- Delegation of authority to state, local, or trial agencies for “emission standards”
- Applicability of the general provisions to affected municipal solid waste landfills
- Handling of monitoring data for combustion devices during periods of monitoring system breakdowns, repairs, calibration checks and adjustments
EPA also states that the proposal includes additional amendments to the Municipal Solid Waste Landfills New Source Performance Standards (40 C.F.R. Part 60, Subpart XXX) to clarify the timing of compliance for certain requirements for existing Municipal Solid Waste Landfills that have modified, but previously triggered, the requirement to install a gas collection and control system under related Municipal Solid Waste Landfill rules.
A copy of the Federal Register Notice can be downloaded here.
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