The TCEQ is creating a new municipal solid waste standard air permit (MSWSAP). The MSWSAP, which will be contained in 30 Texas Administrative Code (TAC) Subchapter U, is intended to provide a streamlined New Source Review authorization for most landfills and transfer stations. The new MSWSAP will replace the existing standard air permit that is currently listed in 30 TAC Section 116.621.
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What are the advantages of the new MSWSAP?
TCEQ is writing the MSWSAP to be broadly applied to as many landfills and transfer stations as possible.
Effectively, this will enable landfill owners and operators to use a single authorization mechanism for
certifying federally enforceable emission limits and parameters for facilities typically found at any MSW
landfill or transfer station. In contrast, the former MSWSAP process required owners and operators to
obtain multiple permits-by-rule or other standard permits to authorize all facilities at their landfills.
Therefore, the new MSWSAP takes a more streamlined approach and offers "one stop shopping" for the landfill operator.
What type of facilities or air emissions would the new MSWSAP authorize?
As noted, the new MSWSAP is meant to provide authorization for most facilities commonly found at landfills. Good
examples of these types of facilities include: emissions from recycling activities, transfer stations, waste
solidification/waste stabilization processes, mist spray systems, bioreactor cells, fuel storage tanks, tire
shredding activities, bioremediation pads, gas control and collection systems, and temporary rock crushers used
exclusively for cell construction. It must be noted, however, that certain buffer and operational requirements
that restrict or qualify these facilities have been included in the draft rule.
What types of facilities or activities are NOT currently authorized by the new MSWSAP?
The new MSWSAP would not authorize incineration activities that do not involve the normal flaring or control of
landfill gas emissions. Rock crushers not used exclusively for cell construction are also not authorized. In
addition, the MSWSAP does not authorize hot mix asphalt plants, concrete batch plants, or composting. It should
be noted, however, that other standard air permits or registrations may be available to authorize these facilities.
An interesting issue that has developed during the 330 Subchapter U rulemaking is whether the MSWSAP would
authorize landfills accepting more than 51% Class I industrial non-hazardous waste. As drafted, the new MSWSAP
would not authorize air emissions from these landfills.
Path Forward:
The MSWSAP is scheduled for formal proposal on the August 24, 2005, Commissioners' Agenda, and should the
Commissioners approve the proposal, then the MSWSAP would be published in the Texas Register on September 9,
2005. According to current information, the official pubic comment period will begin on September 9, 2005,
and run through October 10, 2005. Tentatively, the rules are scheduled for formal adoption in January 2006.
Conclusion:
The bottom line is that the rule language in Subchapter U continues to be a moving target, and additional comment
during the formal comment period should be made to fully apprise TCEQ of the effect these rules will have on the MSW
industry. Important areas for TxSWANA members to focus their efforts on include the following: major
source authorization; buffer zone requirements for fuel storage tanks and transfer stations; bioreactors; and
misters. In conclusion, the stakeholder process has worked to iron out and resolve many concerns related
to the MSWSAP; however, there is work to be done and ground can be gained during the final phase of the rulemaking.
Anyone interested in further information on the draft MSWSAP can contact the authors at mnasi(at)LGlawfirm.com or
cpepper(at)LGLlawfirm.com or (512)322-5800.
Mike Nasi is a Principal with the Firm, and his practice includes compliance counseling regarding air quality and waste remediation and permitting. Mike has represented MSW landfills with respect to all aspects of air quality permitting, including new source review and Title V. Chris Pepper is an Associate who focuses his efforts on air quality issues that relate to new and existing landfills.
What type of facilities or air emissions would the new MSWSAP authorize?
As noted, the new MSWSAP is meant to provide authorization for most facilities commonly found at landfills. Good
examples of these types of facilities include: emissions from recycling activities, transfer stations, waste
solidification/waste stabilization processes, mist spray systems, bioreactor cells, fuel storage tanks, tire
shredding activities, bioremediation pads, gas control and collection systems, and temporary rock crushers used
exclusively for cell construction. It must be noted, however, that certain buffer and operational requirements
that restrict or qualify these facilities have been included in the draft rule.
What types of facilities or activities are NOT currently authorized by the new MSWSAP?
The new MSWSAP would not authorize incineration activities that do not involve the normal flaring or control of
landfill gas emissions. Rock crushers not used exclusively for cell construction are also not authorized. In
addition, the MSWSAP does not authorize hot mix asphalt plants, concrete batch plants, or composting. It should
be noted, however, that other standard air permits or registrations may be available to authorize these facilities.
An interesting issue that has developed during the 330 Subchapter U rulemaking is whether the MSWSAP would
authorize landfills accepting more than 51% Class I industrial non-hazardous waste. As drafted, the new MSWSAP
would not authorize air emissions from these landfills.
Path Forward:
The MSWSAP is scheduled for formal proposal on the August 24, 2005, Commissioners' Agenda, and should the
Commissioners approve the proposal, then the MSWSAP would be published in the Texas Register on September 9,
2005. According to current information, the official pubic comment period will begin on September 9, 2005,
and run through October 10, 2005. Tentatively, the rules are scheduled for formal adoption in January 2006.
Conclusion:
The bottom line is that the rule language in Subchapter U continues to be a moving target, and additional comment
during the formal comment period should be made to fully apprise TCEQ of the effect these rules will have on the MSW
industry. Important areas for TxSWANA members to focus their efforts on include the following: major
source authorization; buffer zone requirements for fuel storage tanks and transfer stations; bioreactors; and
misters. In conclusion, the stakeholder process has worked to iron out and resolve many concerns related
to the MSWSAP; however, there is work to be done and ground can be gained during the final phase of the rulemaking.
Anyone interested in further information on the draft MSWSAP can contact the authors at mnasi(at)LGlawfirm.com or
cpepper(at)LGLlawfirm.com or (512)322-5800.
Mike Nasi is a Principal with the Firm, and his practice includes compliance counseling regarding air quality and waste remediation and permitting. Mike has represented MSW landfills with respect to all aspects of air quality permitting, including new source review and Title V. Chris Pepper is an Associate who focuses his efforts on air quality issues that relate to new and existing landfills.
What types of facilities or activities are NOT currently authorized by the new MSWSAP?
The new MSWSAP would not authorize incineration activities that do not involve the normal flaring or control of
landfill gas emissions. Rock crushers not used exclusively for cell construction are also not authorized. In
addition, the MSWSAP does not authorize hot mix asphalt plants, concrete batch plants, or composting. It should
be noted, however, that other standard air permits or registrations may be available to authorize these facilities.
An interesting issue that has developed during the 330 Subchapter U rulemaking is whether the MSWSAP would
authorize landfills accepting more than 51% Class I industrial non-hazardous waste. As drafted, the new MSWSAP
would not authorize air emissions from these landfills.
Path Forward:
The MSWSAP is scheduled for formal proposal on the August 24, 2005, Commissioners' Agenda, and should the
Commissioners approve the proposal, then the MSWSAP would be published in the Texas Register on September 9,
2005. According to current information, the official pubic comment period will begin on September 9, 2005,
and run through October 10, 2005. Tentatively, the rules are scheduled for formal adoption in January 2006.
Conclusion:
The bottom line is that the rule language in Subchapter U continues to be a moving target, and additional comment
during the formal comment period should be made to fully apprise TCEQ of the effect these rules will have on the MSW
industry. Important areas for TxSWANA members to focus their efforts on include the following: major
source authorization; buffer zone requirements for fuel storage tanks and transfer stations; bioreactors; and
misters. In conclusion, the stakeholder process has worked to iron out and resolve many concerns related
to the MSWSAP; however, there is work to be done and ground can be gained during the final phase of the rulemaking.
Anyone interested in further information on the draft MSWSAP can contact the authors at mnasi(at)LGlawfirm.com or
cpepper(at)LGLlawfirm.com or (512)322-5800.
Mike Nasi is a Principal with the Firm, and his practice includes compliance counseling regarding air quality and waste remediation and permitting. Mike has represented MSW landfills with respect to all aspects of air quality permitting, including new source review and Title V. Chris Pepper is an Associate who focuses his efforts on air quality issues that relate to new and existing landfills.
Path Forward:
The MSWSAP is scheduled for formal proposal on the August 24, 2005, Commissioners' Agenda, and should the
Commissioners approve the proposal, then the MSWSAP would be published in the Texas Register on September 9,
2005. According to current information, the official pubic comment period will begin on September 9, 2005,
and run through October 10, 2005. Tentatively, the rules are scheduled for formal adoption in January 2006.
Conclusion:
The bottom line is that the rule language in Subchapter U continues to be a moving target, and additional comment
during the formal comment period should be made to fully apprise TCEQ of the effect these rules will have on the MSW
industry. Important areas for TxSWANA members to focus their efforts on include the following: major
source authorization; buffer zone requirements for fuel storage tanks and transfer stations; bioreactors; and
misters. In conclusion, the stakeholder process has worked to iron out and resolve many concerns related
to the MSWSAP; however, there is work to be done and ground can be gained during the final phase of the rulemaking.
Anyone interested in further information on the draft MSWSAP can contact the authors at mnasi(at)LGlawfirm.com or
cpepper(at)LGLlawfirm.com or (512)322-5800.
Mike Nasi is a Principal with the Firm, and his practice includes compliance counseling regarding air quality and waste remediation and permitting. Mike has represented MSW landfills with respect to all aspects of air quality permitting, including new source review and Title V. Chris Pepper is an Associate who focuses his efforts on air quality issues that relate to new and existing landfills.
Conclusion:
The bottom line is that the rule language in Subchapter U continues to be a moving target, and additional comment
during the formal comment period should be made to fully apprise TCEQ of the effect these rules will have on the MSW
industry. Important areas for TxSWANA members to focus their efforts on include the following: major
source authorization; buffer zone requirements for fuel storage tanks and transfer stations; bioreactors; and
misters. In conclusion, the stakeholder process has worked to iron out and resolve many concerns related
to the MSWSAP; however, there is work to be done and ground can be gained during the final phase of the rulemaking.
Anyone interested in further information on the draft MSWSAP can contact the authors at mnasi(at)LGlawfirm.com or
cpepper(at)LGLlawfirm.com or (512)322-5800.
Mike Nasi is a Principal with the Firm, and his practice includes compliance counseling regarding air quality and waste remediation and permitting. Mike has represented MSW landfills with respect to all aspects of air quality permitting, including new source review and Title V. Chris Pepper is an Associate who focuses his efforts on air quality issues that relate to new and existing landfills.
Mike Nasi is a Principal with the Firm, and his practice includes compliance counseling regarding air quality and waste remediation and permitting. Mike has represented MSW landfills with respect to all aspects of air quality permitting, including new source review and Title V. Chris Pepper is an Associate who focuses his efforts on air quality issues that relate to new and existing landfills.