&EPA
United States
Environmental Protection
Agency
Air and Radiation
(6202J)
EPA-430-B-96-005d
December 1996
W • -m
State Primer
Permits and incentive
Programs For Landfill
Gas to Energy Projects
LANDFILL METHANE
OUTREACH PROGRAM
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TABLE OF CONTENTS
PREFACE i
INTRODUCTION jj
STATE LANDFILL GAS RECOVERY PROJECT TARGET iii
PART I: STANDARDS AND PERMITS 1
1. OVERVIEW OF FEDERAL STANDARDS AND PERMITS 1
1.1 Resource Conservation and Recovery Act Subtitle D 1
1.2 Clean Air Act (CAA) 2
1.2.1 NMOC Emissions: New Source Performance Standards (NSPS) 2
1.2.2 Air Emissions: New Source Review (NSR) Permitting Process . 3
1.2.3 Title V Operating Permit 5
1.3 National Pollutant Discharge Elimination System Permit (NPDES) .... 5
1.4 Clean Water Act, Section 401 6
1.5 Other Federal Permit Programs 6
2. STATE STANDARDS AND PERMITS 7
3. OVERVIEW OF LOCAL STANDARDS AND PERMITS 18
PART II: INCENTIVE PROGRAMS 20
1. OVERVIEW OF FEDERAL INCENTIVE PROGRAMS 20
1.1 Section 29 Tax Credit 20
1.2 Renewable Energy Production Incentive (REPI) 20
1.3 Qualifying Facilities Certification 21
2. STATE INCENTIVE PROGRAMS 22
APPENDIX A: STATE CONTACTS 23
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LIST OF TABLES
Table 2.1 Summary Table of State Standards/Permits - • • 9
Table 2.2 Permit Approval Timeline 10
Table 2.3 Summary of Landfill Gas Systems Criteria 10
Table 3.1 Local Permits and Standards 19
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PREFACE
EPA LANDFILL METHANE OUTREACH PROGRAM
EPA's Landfill Methane Outreach Program's
GOAL
To reduce methane emissions from landfills by:
» encouraging environmentally and
economically beneficial landfill gas to
energy development; and
» removing barriers to landfill gas-to-
energy recovery development
The EPA Landfill Methane Outreach
Program (LMOP), a key component of the U.S.
Climate Change Action Plan, promotes the use
of landfill gas as an energy resource --
eliminating methane emissions while capturing
their energy value. Recovery of energy from
landfill gas provides local and global
environmental and energy benefits, as well as
economic benefits. Methane captured from
landfills can be transformed into a cost-effective
fuel source for electricity, heat, boiler and
vehicular fuel, or sale to pipelines. The goals of
the Outreach Program are to promote cost-
effective projects at U.S. landfills and remove
barriers to development. There are currently
about 130 landfill methane recovery projects in
the United States; EPA estimates that up to 750
landfills could install economically viable landfill
energy projects by the year 2000.
The Landfill Methane Outreach Program includes three important components: (1) the
State Ally; (2) the Industry Ally; and (3) the Utility Ally programs. EPA establishes separate
alliances with state agencies, utilities (including investor-owner, municipal and other public
power utilities, and cooperatives), and members of the landfill gas development community
(including developers, engineers, equipment vendors, and others) through a Memorandum of
Understanding (MOU). By signing the MOU, each ally acknowledges a shared commitment to
the promotion of landfill gas energy recovery at solid waste landfills, recognizes that the
widespread use of landfill gas as an energy resource will reduce emissions of methane and
other emissions, and commits to certain activities to enhance development of this resource.
The New Jersey State Ally contact is:
Mary Anne Goldman
Principal Environmental Engineer
Division of Solid and Hazardous Waste
Department of Environmental Protection
CN414
Trenton, NJ 08625
609-984-6650
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Introduction
INTRODUCTION
Permits, incentive programs, and policies for landfill gas (LFG) -to-energy project
development vary greatly from state to state. To guide LFG-to-energy project developers
through the state permitting process and to help them to take advantage of state incentive
programs, EPA's Landfill Methane Outreach Program (LMOP) developed individual state
primers for those states that are participating in the State Ally Program. The New Jersey State
Primer provides information on permits that may be required for LFG-to-energy projects and on
incentive programs that either provide technical or financial assistance. While the main focus of
the primer is on state permits and incentive programs, federal and local permits and federal
incentive programs are also briefly discussed.
As a member of the LMOP State Ally program, New Jersey State identified all possible
permits and incentive programs that could apply to landfill gas-to-energy projects developed in
New Jersey. The LMOP program is also developing State Primers for other State Allies. For
more information on other State Primers, contact:
EPA Landfill Methane Outreach Program
US EPA, 6202J
401 M St., SW
Washington, D.C. 20460
Phone: (202)233-9042
Fax: (202)233-9569
The following sections are included in the handbook:
State Landfill Gas Recovery Project Target. This section describes the status
of landfill gas recovery projects in the State of New Jersey and includes a target
for the number of projects that will be in operation by the year 2000.
Federal, State, and Local Standards and Permits. This section provides
information on federal, state, and local permits that may be required to develop
and operate a LFG-to-energy project.- Both the federal and local sections provide
brief descriptions of common standards that may apply to these projects. The
state section, however, provides detailed information on specific state permits
that are applicable to landfill gas recovery projects.
• Federal and State Incentive Programs. Similar to the section on standards and
permits, this section provides information on both federal and state incentive
programs that LFG-to-energy projects can qualify for, but with more detailed
information provided on state programs.
The regulations, agencies, and policies described herein are subject to change.
Changes are likely to occur whenever a state legislature meets or new directions are imposed
on state and local governments by the federal government. Accordingly, LFG-to-energy project
developers should verify and continuously monitor that status of laws and rules that might affect
their plans or operation of their project. Developers are cautioned that the regulations described
herein may only be a starting point on the path to obtaining all the necessary permits.
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State Project Target
STATE LANDFILL GAS RECOVERY PROJECT TARGET
There are currently 8 planned and 8 operational LFG-to-energy projects in New Jersey.
Another five landfills have the potential to support economically viable gas-to-energy projects.
The potential for reducing methane emissions from these landfills is 0.55 million tons of carbon
dioxide (CO2) equivalent per year.
The New Jersey State Ally's goal is to have 10 projects on-line by the year 2000. These
projects would reduce annual methane emissions by about 5.6 million tons of CO2 equivalent per
year. In addition, these projects would also avoid CO2 emissions through conventional fuel
displacement.
CANDIDATE LANDFILLS
LANDFILL NAME
Burlington County SLF
Cumberland County SLF
Edison Township SLF
Gloucester County SLF
Linden City SLF
LOCATION/COUNTY
Burlington
Cumberland
Middlesex
Gloucester
Union
STATUS
Open
Open
Closed
Open
Open
Hazardous waste/Superfund sites offer another potential avenue of LFG-to-energy development.
The LMOP, however, is targeted at municipal solid waste landfills.
Draft New Jersey State Primer - December 1996
HI
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Federal Standards and Permits
PART I: STANDARDS AND PERMITS
1. OVERVIEW OF FEDERAL STANDARDS AND PERMITS
The following section discusses federal regulations that may pertain to LFG-to-energy
projects. LFG-to-energy projects can be subject to solid waste, air quality, and water quality
regulations. The federal regulations are presented in general terms, because individual
state/local governments generally develop their own regulations for carrying out the federal
mandates. Specific requirements may therefore differ among states. Project developers will
have to contact relevant federal agencies and, in some cases, state agencies for more detailed
information and applications. The discussion of each key federal standard/permit contains three
components:
(1) Importance of the standard/permit to LFG-to-energy project developer
(2) Applicability to LFG-to-energy projects
(3) Description of each standard/permit
1.1 Resource Conservation and Recovery Act Subtitle D
Importance: Before a LFG-to-energy project can be developed, all Resource Conservation
and Recovery Act (RCRA) Subtitle D requirements (i.e., requirements for non-
hazardous waste management) must be satisfied.
Applicability: Methane is explosive in certain concentrations and poses a hazard if it migrates
beyond the landfill facility boundary. Landfill gas collection systems must meet
RCRA Subtitle D standards for gas control.
Description: Since October 1979, federal regulations promulgated under Subtitle D of RCRA
required controls on migration of landfill gas. In 1991, EPA updated landfill
design and performance standards; the newer standards apply to municipal solid
waste (MSW) landfills that were active on or after October 9,1993. Specifically,
the standards require monitoring of LFG and establish performance standards for
combustible gas migration control. Monitoring requirements must be met at
landfills not only during their operation, but also for a period of 30 years after
closure.
Landfills affected by RCRA Subtitle D are required to control gas by establishing
a program to periodically check for methane emissions and prevent offsite
migration. Landfill owners and operators must ensure that the concentration of
methane gas does not exceed:
• 25 percent of the lower explosive limit for methane in facilities' structures; and,
• the lower explosive limit for methane at the facility boundary.
Permitted limits on methane levels reflect the fact that methane is explosive within
the range of 5 to 15 percent concentration in air. If methane emissions exceed
permited limits, corrective action (i.e., installation of a LFG collection system)
must be taken. Subtitle D may provide an impetus for some landfills to install
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Federal Standards and Permits
energy recovery projects in cases where a gas collection system is required for
compliance (see 40 CFR Part 258 for more information).
1.2 Clean Air Act (CAA)
The CAA regulates emissions of pollutants to ensure that air quality meets specified
health and welfare standards. The CAA contains two provisions that may affect LFG-to-energy
projects: New Source Performance Standards (NSPS) and New Source Review (NSR).
Facilities that are planning to construct a new LFG-to-energy system or that plan to modify a
landfill operation to incorporate a LFG-to-energy system must obtain an Authority to Construct
(ATC) permit from the responsible air regulatory agency if emissions from the project exceed the
major facility emission thresholds. The ATC permit specifies the NSPS and NSR requirements
that the project must meet. Once construction is complete, the facility must obtain an operating
permit that meets the requirements defined in Title V of the 1990 CAA Amendments. The
general requirements of NSPS, NSR, and Title V for LFG-to-energy projects are discussed
below.
1.2.1 NMOC Emissions: New Source Performance Standards (NSPS)
Importance: LFG-to-energy projects can be part of a compliance strategy to meet EPA's new
emissions .standards for landfill gas.
Applicability: Landfills meeting certain design capacity, age, and emissions criteria are required
to collect LFG and to either flare it or use it for energy.
Description: EPA final regulations under Title I of the CAA Amendments require affected
landfills to collect and control LFG. Specifically, the CAA targets reductions in the
emissions of NMOCs found in LFG because they contribute to local smog
formation. For landfills that received waste after November 8,1987 ("existing
landfills"), the standards are "Emissions Guidelines" (EG), and for landfills that
began construction or accepted waste for the first time on or after May 30, 1991
("new landfills"), the standards are "New Source Performance Standards"
(NSPS). The final regulations can be found in the Federal Register, March 12,
1996, Vol. 61, No. 49, pgs. 9907-9944, or can be obtained from the National
Technical Information Service (NTIS) at (703) 487- 4650. Ask for PB96 -153465.
The basic requirements are the same for both existing and new landfills. Landfills
that meet both of the following criteria must comply with the regulations.
• Capacity -- maximum design capacity greater than or equal to 2.5 million Mg
(or 2.75 million tons).1
• Emissions ~ annual NMOC. emission rate is greater than 50 metric tons.
Landfills with less than 2.5 million Mg are required to file a design capacity report.
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Federal Standards and Permits
1.2.2 Air Emissions: New Source Review (NSR) Permitting Process
Importance: New LFG-to-energy projects may be required to obtain construction permits
under New Source Review (NSR). Depending on the area in which the project is
located, obtaining these permits may be the most critical aspect of project
approval.
Applicability: The combustion of LFG results in emissions of carbon monoxide and oxides of
nitrogen. Requirements vary for control of these emissions depending on local
air quality. The relevant standards for a particular area will be discussed in
Section 2, State Standards and Permits. Applicability of these standards to LFG-
to-energy projects will depend on the level of emissions resulting from the
technology used in the project and the project's location (i.e., attainment or non-
attainment area).
Description: CAA regulations require new stationary sources and modifications to existing
sources of certain air emissions to undergo NSR before they can operate. The
purpose of these regulations is to ensure that sources meet the applicable air
quality standards for the area in which they are located. Because these
regulations are complex, a landfill owner or operator may want to consult an
attorney or expert familiar with NSR for more information about permit
requirements in a particular area.
The existing CAA regulations for attainment and maintenance of ambient air
quality standards regulate six criteria pollutants - ozone, volatile organic
compounds (VOCs), nitrogen oxides (NOx), carbon monoxide (CO), partieulate
matter (PM-10), sulfur dioxide (SOx); and lead. The CAA authorizes the EPA to
set both health- and public welfare-based national ambient air quality standards
(NAAQS) for each criteria pollutant. Areas that meet the NAAQS for a particular
air pollutant are classified as being in "attainment" for that pollutant and those that
do not are in "non-attainment." Because each state is required to develop an air
quality implementation plan (called a State Implementation Plan or SIP) to attain
and maintain compliance with the NAAQS in each Air Quality Control Region
within the state, specific permit requirements will vary by state. (See 40 CFR
51.160-51.166 for more information.)
The location of the LFG-to-energy project will dictate what kind of construction
and operating permits are required. If the landfill is located in an area that is in
attainment for a particular pollutant, the LFG-to-energy project must undergo
Prevention of Significant Deterioration permitting. Nonattainment Area permitting
is required for those landfills that are located in areas that do not meet the
NAAQS for a particular air pollutant. Furthermore, the level of emissions from the
project determines whether the project must undergo major NSR or minor NSR.
The requirements of major NSR permitting are greater than those for minor NSR.
The following provides more detail on new source permits:
Prevention of Significant Deterioration Permitting
Prevention of Significant Deterioration (PSD) review is used in attainment areas
to determine whether a new or modified emissions source will cause significant
deterioration of local air quality. The State air office can assist LFG project
developers in determining whether a proposed project requires PSD approval.
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Federal Standards and Permits
All areas are governed to some extent by PSD regulations because no location is
in nonattainment for all criteria pollutants. Applicants must determine PSD
applicability for each individual pollutant. For gas-fired sources, PSD major NbH
is required if the new source will emit or has the potential to emit any criteria
pollutant at a level greater than 250 tons per year.
For each pollutant for which the source is considered major, the PSD major NSR
permitting process requires that the applicants determine the maximum degree or
reduction achievable through the application of available control technologies.
Specifically, major sources may have to undergo any or all of the following four
PSD steps:
Best Available Control Technology (BACT) analysis
Monitoring of local air quality
• Source impact analysis/modeling
• Additional impact analysis/modeling (i.e., impact on vegetation, visibility, and
Class I areas)2
Minor sources and modifications (i.e., below 250 tons per year) are exempt from
this process, but these sources must still obtain construction and operating air
permits (see CFR. 40 CFR 52.21 for more information on PSD).
Nonattainment Air Permitting
An area that does not meet the NAAQS for one or more of the six criteria
pollutants is classified as being in "nonattainment" for that pollutant. Ozone is the
most pervasive nonattainment pollutant, and the one most likely to affect LFG-to-
energy projects. A proposed new emissions source or modification of an existing
source located in a nonattainment area must undergo nonattainment major NSR
if the new source or the modification is classified as major (i.e., if the new or
modified source exceeds specified emissions thresholds). To obtain a
nonattainment NSR permit for criteria pollutants, a project must meet two
requirements:
• It must use technology that achieves the Lowest Achievable Emissions Rate
(LAER) for the nonattainment pollutant.
It must arrange for an emissions reduction at an existing combustion source
that more than offsets the emissions from the new project.
Class I areas are specified under the Clean Air Act and include national parks. Projects situated
within a certain distance from Class I areas are subject to more stringent criteria for emissions
levels.
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Federal Standards and Permits
Potential Exemptions
EPA recently furnished a guidance document to state and regional permitting
authorities that provides an exemption from major NSR permitting requirements
for landfill projects that qualify as "pollution control projects." An existing landfill
that plans to install a LFG-to-energy recovery project may qualify as a pollution
control project as long as it reduces non-methane organic compounds (NMOC) at
the site. Under the guidance, the permitting authority may exempt the project
from major NSR, provided it meets all other requirements under the CAA and the
state, including minor source requirements. In nonattainment areas, offsets will
still be required, but need not exceed a 1:1 ratio. States have discretion to
exercise the increased flexibility allowed by the guidance on a case-by-case
basis.
1.2.3 Title V Operating Permit
Importance: Many LFG-to-energy projects must obtain operating permits that satisfy Title V of
the 1990 CAA Amendments.
Applicability: Any LFG-to-energy plant that is a major source, as defined by the Title V
regulation (40 CFR Part 70), must obtain an operating permit.
Description: Title V of the CAA requires that all major sources obtain new federally
enforceable operating permits. Title V is modeled after a similar program
established under the Federal Pollution Discharge System (NPDES). Each major
source must submit an application for an operating permit that meets guidelines
spelled out in individual state Title V programs. The operating permit describes
the emission limits and operating conditions that a facility must satisfy, and
Specifies the reporting requirements that a facility must meet to show compliance
with the air pollution regulations. A Title V operating permit is effective for 5
years, and must be renewed every 5 years.
1.3 National Pollutant Discharge Elimination System Permit (NPDES)
Importance: LFG-to-energy projects may need to obtain NPDES permits for discharging
wastewater that is generated during the energy recovery process.
Applicability: LFG condensate forms when water and other vapors condense out of the gas
stream due to temperature and pressure changes within the collection system.
This wastewater must be removed from the collection system. In addition, LFG-
to-energy projects may generate wastewater from system maintenance and
cooling tower blowdown.
Description: NPDES permits regulate discharges of pollutants to surface waters. The
authority to issue these permits is delegated to state governments by the EPA.
The permits, which typically last five years, limit the quantity and concentration of
pollutants that may be discharged. To ensure compliance with the limits, permits
require wastewater treatment or impose other operation conditions. The state
water offices or the EPA regional office can provide further information on these
permits.
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Federal Standards and Permits
The permits are required for three categories of sources and can be issued as
individual or general permits. A LFG-to-energy project would be included in the
"wastewater discharges to surface water from industrial facilities" category and
would require an individual permit. An individual permit application for
wastewater discharges typically requires information on water supply volumes,
water utilization; wastewater flow; characteristics and disposal methods; planned
improvements; storm water treatment; plant operation; materials and chemicals
used; production; and other relevant information.
1.4 Clean Water Act, Section 401
Importance: LFG-to-energy projects may need CWA Section 401 certification for constructing
pipelines that cross streams or wetlands.
Applicability: LFG recovery collection pipes or distribution pipes from the landfill to a nearby
gas user may cross streams or wetlands. When construction or operation of
such pipes causes any discharge of dredge into streams or wetlands, the project
may require Section 401 certification.
Description: If the construction or operation of facilities results in any discharge into streams or
wetlands, such construction is regulated under Section 401. This requirement
may affect the construction of LFG-to-energy project facilities or pipelines to
transport LFG.
The applicant must obtain a water quality certification from the State in which the
discharge will originate. The certification should then be sent to the Corps of
Engineers. The certification indicates that such discharge will comply with the
applicable provisions of Sections 301, 302, 303, 306, and 307 of the Clean Water
Act (CWA).
1.5 Other Federal Permit Programs
The following are brief descriptions of how other federal permits could apply to LFG-to-
energy project development.
• RCRA Subtitle C could apply to a LFG project if it produces hazardous waste.
While some LFG projects can return condensate to the landfill, many dispose of it
through the public sewage system after some form of on^-site treatment. In some
cases, the condensate may contain high enough concentrations of heavy metals
and organic chemicals for it to be classified as a hazardous waste; thus triggering
federal regulation.
The Historic Preservation Act of 1966 or the Endangered Species Act could
apply if power lines or gas pipelines associated with a project infringe upon an
historic site or an area that provides habitat for endangered species.
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State Standards and Permits
2.0 STATE STANDARDS AND PERMITS
This section provides information on permits required by the State of New Jersey for the
development of a LFG-to-energy project.3 Information provided on each permit includes: how
the permit is applicable to LFG-to-energy projects, the appropriate agency contact, a description
of the permit, the statute/regulation, information required and suggestions for a successful
application, the application and review process, and the review/approval period. For an
overview of required permits, contact information, and length of the review period, see Tables
2.1 and 2.2.
The NJDEP gives qualifying LFG recovery projects special status in terms of permitting
requirements. Streamlined permitting and technical assistance are standard for these ventures
with consideration extended to non-traditional/innovative/alternative uses of LFG.
Summary of Permits
The principal permits required for LFG-to-energy projects in New Jersey are related to air
quality, water quality, and solid waste issues and are regulated by the New Jersey Department of
Environmental Protection (NJDEP). The paragraphs below summarize the permits required by
NJDEP for a LFG-to-energy project. The criteria for LFG collection systems are provided in
Table 2.3.
Air-Related: A Control Apparatus/Equipment Permit is required for emissions from
equipment (combustion engines, turbines, etc.) used at LFG-to-energy facilities.
Water-Related: Most water-related permits will be project dependent. Developers
planning to discharge to groundwater or surface waters must obtain a New Jersey
Pollutant Discharge Elimination System (NJPDES) permit. A NJPDES Stormwater
Permit may also be needed if the applicant intends to discharge stormwater to surface
water. A Treatment Works Approval is required if a treatment system is planned to
treat runoff, condensate, or wastewater. Furthermore, accessing water at the project
site requires a Well Drilling Permit.
Solid Waste-Related: A solid waste permit is required for all construction and
development on a landfill. If a LFG collection system is already in place, the approval
would require a Landfill Disruption Permit. Installation of a collection system requires
a Methane Venting Systems Approval.
In addition to the NJDEP, other departments regulate LFG-to-energy projects. For
example, the Departments of Transportation and Community Affairs issue Construction/Safety
Permits. The New Jersey Board of Public Utilities (BPU) does not have an actual permit
application that would apply to LFG projects, but its Division of Energy may be involved in utility
connections and energy sales contracts. Similarly, certain geographical areas of the State of
New Jersey fall under the jurisdiction of the special commissions, such as the Hackensack
Meadowlands Development Commission or the Pinelands Commission. Projects located in
these areas will require separate approval. See Appendix for contact information for these
agencies.
Permits issued by departments other than the NJDEP are not discussed in this
handbook. Project developers should contact state and local agencies for a complete list of
The permits contained in this handbook were suggested by state permitting agencies.
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State Standards and Permits
applicable permits (see Section 3 for a discussion on potential local permit requirements).
Permitting Assistance
Two State offices assist project developers with the permitting process. They are the
Office of Permit Information and Assistance (OPIA) -- run by the NJDEP -- and the Department
of Commerce and Economic Development's Office of Business Advocacy (OBA). The primary
purpose of these offices is to help project developers identify all permits required to develop
project.
The OPIA provides guidance to applicants on the environmental aspects of their
projects. The OPIA provides developers with a permit identification form, which
helps the OPIA to identify all necessary permits. The OPIA also coordinates the
review of. applications for complex, multifaceted projects (see Appendix for contact
information).
The OBA has instituted, a "One Stop Permit Identification System" that helps project
developers identify all required state agency permits within 15 working days of
application submittal. This permit identification form also includes the DEP's OPIA
permit identification form. Other agency permit forms that are included in the One
Stop Permit Identification System include the Departments of Agriculture,
Transportation, Community Affairs and Health. (See Appendix for contact
information).
Additional information on environmental permits required by the NJDEP can be found in
their handbook, called Permits, Licenses, Approvals, & Certificates. This handbook guides New
Jersey residents and businesses in identifying and applying for environmental permits, licenses,
certificates, or approvals which are administered by the NJDEP, as well as some by federal
agencies. The handbook provides instructive guidance only and is not a substitute for
administrative or statutory requirements of any law or regulation. The handbook can be
obtained from the NJDEP.
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State Standards and Permits
TABLE 2.1. SUMMARY TABLE OF STATE STANDARDS/PERMITS
STANDARD/PERMIT
AGENCY/CONTACT
Control Apparatus/Equipment
Permit
Bureau of New Source Review
Department of Environmental Protection
CN027
Trenton, NJ 08625
609-633-2753
30 days to 4.5 months
(depending on project
complexity).
New Jersey Pollutant Discharge
Elimination System Permit
(NJPDES) - Surface Water and
Ground Water
Division of Water Quality
Environmental Regulation
Department of Environmental Protection
CN029
Trenton, NJ 08625
609-292-4860
6 months
NJPDES - Stormwater
Bureau of Stormwater Permitting
Division of Water Quality
Environmental Regulation
Department of Environmental Protection
CN029
Trenton, NJ 08625
609-292-4860
2-7 months
Treatment Works Approval
Bureau of Construction and Connection
Division of Water Quality
Department of Environmental Protection
CN029
Trenton, NJ 08625
609-292-4860
90 days
Well Drilling Permit
Bureau of Water Allocation
Water Supply Program
Department of Environmental Protection
CN426
Trenton, NJ 08625
609-984-6831
8-10 days by
same day by
mail
walk-in
Landfill Disruption Permit
Division of Solid and Hazardous Waste
Department of Environmental Protection
CN414
Trenton, NJ 08625
609-984-6650
1-2 months
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State Standards and Perm its
TABLE 2.2. PERMIT APPROVAL TIMELINE
Air
Water
Solid Waste
Control Apparatus/
Equipment
NJPDES -
Surface/Ground
NPDES-
Stormwater
Treatment Works
Approval
Well Drilling
Landfill Disruption
1234567
MONTHS
Notes: Solid black band denotes the minimum review/approval period; gray band the maximum.
*8-10 days or same day if walk-in.
TABLE 2.3: SUMMARY OF LANDFILL GAS SYSTEMS CRITERIA
^^a^^^ig
Landfill Gas Collection
and Venting System
The following criteria set forth the NJDEP's policies and regulatory interpretations of N.J.A.C
7:26-2A.7(f) governing gas collection and venting systems.
• Buildings at sanitary landfill sites where all waste is deposited in lined cells that will
prohibit gas migration need not comply with the requirements set forth in N.J.A.C. 7:26-
2A.7(f)14.
• Buildings constructed on top of landfilled areas shall utilize the open space (crawl
space) between the final ground surface elevation and the building floor as an area for
the installation and operation of an active methane gas venting system in lieu of the
requirements set forth in 7:26-2A.7(f)14. The requirements established in sections 14vi
and vii will be complied with at all times.
- active methane gas venting system shall be capable of preventing the accumulation
of gas at or greater than 25 percent of the lower explosive limit in the crawl space.
10
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State Standards and Permits
Landfill Gas Collection
and Venting System,
continued
Calculations supporting the basis for the layout of passive or active gas venting
systems shall be provided. In addition, the amount of landfill gas condensate
generated as a function of time shall also be computed. Disposal methods for gas
condensate must be described.
The gas collection system shall be connected to the leachate collection system to
control odors.
The Division of Solid and Hazardous Waste will not approve of a perimeter system as
a sole means to control malodorous emissions. Odors shall be controlled by more
effective means such s suppressants or an interior venting system.
The Division of Solid and Hazardous Waste waived the requirement for the
development of energy recovery systems.
All gas venting systems require air quality permits in accordance with the regulations
of the Bureau of Air Pollution Control -- N.J.A.C. 7:27. This permitting process has its
own requirements for gas analysis.
A draft Operation and Maintenance Manual shall be prepared and included in the
application. The O&M manual shall include:
complete operation instructions and maintenance procedures for all equipment in
the system
- a complete monthly maintenance and monitoring program
details of an extensive preventative maintenance program tailored to prevent
system failure or downtime
test procedures and methods of verification to confirm that the system is
functioning prior to occupancy
development of calibration procedures to ensure that the system gives an
automatic warning at 1% methane by volume in air and sounds and alarm at 2%
methane by volume in air.
emergency procedures for evacuation of the building(s) in the event that an alarm
is triggered.
The remainder of Section 2 contains information about each of the permits required by
NJDEP for LFG-to-Energy projects development. The information is organized in tables and
each table contains the following information about the subject permit:
Applicability to LFG Projects
Agency Contact
Description
Statute/Regulation
Information Required/Suggestions
Application Process
Review Process
Review/Approval Period
Fee
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State Standards and Permits -- Air Quality
Applicability to LFG
Projects
the construction, expansion, or modification of gas recovery systems at a landfill are subject
to air quality permit regulations. Emissions from equipment used at LFG-to-energy facilities,
such as internal combustion engines, are also subject to state air regulations. However, LFG-
to-energy projects may be exempt from some air permits because they emit less than the de
minimis regulated level.
Agency Contact
Bureau of New Source Review, Department of Environmental Protection,
CN 027, Trenton, NJ 08625
609-633-2753
Description
Equipment that emits, or controls the emission of, substances into the air are required to
obtain a Control Apparatus/Equipment Permit. Installation of or modification to a LFG
extraction system and/or energy conversion system requires a Permit to Construct. Operation
of a LFG extraction system and energy conversion system requires a Certificate to Operate.
Air pollution control permits are classified into five levels according to their complexity and
time required to process them. The size of the operation or the quantity of air contaminants
emitted by the operation will determine the permit level and, thus, what additional information
is required.
Statute/Regulation
Air Pollution Control Act
Statute. N.J.S.A. 26:2C-9.2
Admin. Code: 7:27-8.1 et seq.
Information required/
suggestions
It is important to submit a complete application because failure to submit a complete
application will not only delay the review but can result in denial of the application. A complete
application should contain:
• Basic application forms (VEM-003, VEM-004, DEQ-069) or specialized application forms
• Supplemental information, if required
• Application fee (see NJAC 7:27-8.11)
• Authorized signature (see NJAC 7:27-8.24)
Application Process
Applicants should contact the Bureau of New Source Review for information on application
requirements and procedures for each type of permit. The Bureau of New Source Review
offers a Air Pollution Control Permit Check List to help the applicant determine whether an
application is needed and, if so, help the applicant prepare an application which is complete
for the Department to begin a technical review. The NJDEP also recommends a pre-
application conference to clarify the Department's requirements.
Review Process
If the application is complete, the NJDEP begins its technical review.
Review/Approval Period
30 days to 4.5 months, depending on project complexity.
Fee
Application fee; permit fee. Contact the Bureau of New Source Review.
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State Standards and Permits -- Water Quality
Applicability to LFG
Projects
Some LFG-to-energy projects treat condensate, which forms as water and other vapors
condense out of the gas steam due to temperature and pressure changes within the gas
collection system. Also, energy recovery projects may generate wastewater from system
maintenance and cooling tower blowdown. Such wastewater streams are typically combined
with landfill leachate streams for treatment and may be discharged to surface waters or
ground waters.
Agency Contact
Division of Water Quality, Environmental Regulation, Department of Environmental Protection,
CN 029, Trenton, NJ 08625
609-292-4860
Description
The discharge of pollutants into the state's surface waters and ground waters is regulated
through NJPDES permits. These permits typically place limits on the quantity and
concentration of pollutants that may be discharged. Projects that discharge to surface waters
of the State or to a domestic treatment works (DTW) without an approved pretreatment
program must apply for a NJPDES Discharge to Surface Water (DSW) permit. Projects that
discharge or propose to discharge pollutants, such as contact/non-contact cooling water and
stormwater runoff, to or via conveyances which will or may result in the introduction of
pollutants into he ground waters of the state are required to obtain a NJPDES Discharge to
Ground Water (DGW) permit.
Statute/
Regulation
New Jersey Water Pollution Control Act of 1977
Statute: NJ.S.A.58:10A-1 etseq.
Admin. Code: N.J.A.C. 7:14-12.1 etseq.
Information Required/
Suggestions
New discharges or expansions at existing municipal facilities must first receive a Discharge
Allocation Certificate.
Application Process
The NJDEP issues these permits under authority delegated by the U.S. Environmental
Protection Agency. For both permits, submit a CP-1 Application plus supplement sheet
NJPDES-WQM-1 and a technical addendum, which covers the activities presently conducted
or planned. Contact the Division of Water Quality for additional information on required forms.
Review Process
The Division of Water Quality, NJDEP reviews applications.
Review/Approval Period
30 days to 6 months for Surface Water Discharge Permits and Ground Water Discharge
Permits
Fees
Contact the Division of Water Quality for information on fees.
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State Standards and Permits -- Water Quality
Applicability to LFG
Projects
Stormwater runoff from LFG-to-energy facilities may be discharged to surface waters
Agency Contact
Bureau of Stormwater Permitting, Division of Water Quality, Environmental Regulation,
Department of Environmental Protection, CN 029, Trenton, NJ 08625
609-292-4860
Description
Industrial facilities that presently discharge or plan to discharge Stormwater associated with
industrial activity (as defined by EPA) to surface water must obtain a NJPDES permit. Project
developers can apply for a general permit or an individual permit, fn addition, Stormwater
discharge from construction activities that will disturb five acres or more will also need to obtain
coverage under a separate general permit. The construction Stormwater general permit is
obtained through the local Soil Conservation District Office.
Statute/Regulation
New Jersey Water Pollution Control Act of 1977
Statute. N.J.S.A. 58:1 OA-1 et seq.
Admin. Code: N.J.A.C. 7:14-1 et seq.
Information
Required/Suggestions
Contact the Bureau of Stormwater Permitting, NJDEP for specific information.
Application Process
Applications should be submitted to the Bureau of Stormwater Permitting, Division of Water
Quality, Environmental Regulation, NJDEP.
Review Process
Applications are reviewed by the NJDEP. The NJDEP posts a 30 day public notice.
Review/Approval Period
General Permit - 2 months
Individual Permit - 7 months
Fees
General Permit - $500 per year
Individual Permit - $2,300 per year
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State Standards and Permits -- Water Quality
Applicability to LFG
Projects
Agency Contact
Description
Statute/Regulation
Information
Required/Suggestions
Application Process
Review Process
Review/Approval Period
Fees
Some LFG-to-energy projects discharge condensate, which forms as water and other vapors
condense out of the gas steam due to temperature and pressure changes within the gas
collection system, directly into the municipal sanitary sewer system to be treated at a
wastewater treatment plant. Also, energy recovery projects may discharge wastewater, which
is generated from system maintenance and cooling tower blowdown, into the sanitary sewer
system or to groundwater. The discharge can be treated on site.
Bureau of Construction and Connection, Division of Water Quality, Department of
Environmental Protection, CN 029, Trenton, NJ 08625
609-292-4429
Treatment Works approval is required to build, install, modify, or operate any treatment works
system. Treatment works is defined as any method or system for preventing, abating,
reducing, storing, treating, separating, or disposing of pollutants including stormwater runoff,
or industrial waste in combined or separate stormwater or sanitary sewers systems. For most
industrial treatment works, the treatment works approval will be issued in the form of a
General Industrial Treatments Works Approval (GITWA).
New Jersey Water Pollution Control Act of 1977
Statute. N. U.S.A. 58:10A-1 et seq.
Admin. Code: N.J.A.C. 7:14-12.1 etseq.
Items needed prior to application submittai:
• cost estimate of sewerage facilities
• professional engineers report of construction specifications
• USGS Quad map (see Appendix for contact information)
A. complete application should contain:
• 2 copies of Standard Application Form CP-1
• 2 copies of WQM-003
• Estimate of construction cost of sewerage facilities
• Certified mail return receipts of notice tp: Municipal Planning Board; Municipal
Environmental Commission; and Municipal Clerk
• 2 copies of the Engineer's Report, signed and sealed
• 2 copies of Form WQM-006 for discharges to a POTW
• 2 sets of sewerage construction specifications, signed and sealed by a NJ licensed
Professional Engineer
• 2 sets of final plans and profiles, signed and sealed
• Resolutions from appropriate municipalities and sewage authorities
• Copy of appropriate USGS Quad map with project site delineated
• Signed and sealed "Professional Engineer Certification Form"
Applications are reviewed by the NJDEP
Permit covered by 90-day Review Law (P.S. 1975, c. 232)
Contact the Bureau of Construction and Connection for fee information.
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Applicability to LFG
Projects
Some.LFG-to-energy projects may need to drill a well to access water when town water is not
available. The water may be used in some project applications such as in treatment of
discharge, for operation of steam turbine engines, as a source of potable water, or for safety.
Agency Contact
Bureau of Water Allocation, Water Supply Program, Department of Environmental Protection,
CN 426, Trenton, NJ 08625
Tel: (609) 984-6831
Description
All water well drilling, boring, coring, or excavating is regulated through this permit. For permit
approval, construction of a well must be performed under the immediate supervision of a New
Jersey licensed well driller. The permit is valid for one year from the date of issuance. All
abandoned wells must be sealed.
Statute/Regulation
Subsurface and Percolating Waters
Sfafufe Number: N.J.S.A. 58:4A-4.1 et seq.
Admin. Code: N.J.A.C. 7:9-9.1 et seq.
Information Required/
Suggestions
Applicants must obtain the services of a NJ licensed well driller of the proper class who is
responsible for obtaining the permit to drill the well.
Application Process
Contact the Bureau of Water Allpcation for the appropriate application forms and checklist of
submission requirements. Applicants can either mail in their application or "walk in" on Tuesday
and Thursday mornings.
Review Process
The NJDEP reviews and approves applications.
Review/Approval Period
By Mail: 8-10 days
Walk In: issued same day
Fees
Contact the Bureau of Water Allocation for fee information.
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State Standards and Permits -- Solid Waste
Applicability to LFG
Projects
Installation of the LFG collection system will disrupt landfilled solid waste. Similarly, the
construction of a LFG-to-energy project may also disrupt landfilled solid waste.
Agency Contact
Division of Solid and Hazardous Waste, Department of Environmental Protection, CN 414,
Trenton, NJ 08625
609-984-6650
Description
Prior approval is required for any construction or excavation activity on or in a closed or
existing solid waste land disposal area.
Statute/Regulation
Solid Waste Management Act
Statute: N.J.S.A. 13:1Eetseq.
Admin, Code: N.J.A.C. 7:26-2A.8J et seq.
Information
Required/Suggestion
Arrange a pre-application meeting to discuss proposed landfill gas project.
Application Process
Applications should be submitted to the Division of Solid and Hazardous Waste. Submit:
Standard Application Form CP-1 and Supplement, all requirements set forth in the
applicable facility design checklist, engineering design of proposed solid waste facility, and
fees.
Review Process
Applications are reviewed by the Division of Solid and Hazardous Waste, NJDEP.
Review/Approval Period
1 - 2 months
Fees
Contact the Division of Solid and Hazardous Waste for fee information.
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Local Standards and Permits
3. OVERVIEW OF LOCAL STANDARDS AND PERMITS
Within the framework of federal and state regulation, local governments will have some
jurisdiction over LFG-to-energy development in nearly all cases. Typically, local permits address
issues that affect the surrounding community. These permits generally fall under the categories
of construction, environment and health, land use, and water quality/use. Local governments
are also responsible for administering some permits for federal and state regulations in addition
to their own. For example, many local governments are responsible for ensuring compliance
with federal air quality regulations. It should be noted, however, that some local standards and
regulations are more strict than state or federal regulations.
Steps to Successful Local Permits Approval:
The following 6 steps will assist LFG-to-energy project developers achieve successful local
permits approval:
Step 1. Determine which local authorities have jurisdiction over the project site.
Step 2. Contact local, city, and/or county planning and public works departments to
obtain information about applicable permits and to discuss your plans. Meeting
with agency staff to discuss the LFG project and required permits often helps to
expedite the permitting process.
Step 3. Obtain essential information regarding each permit, including:
what information is required
the permitting process that should be followed
time frames (including submittal, hearing, and decision dates)
Step 4. Obtain copies of the regulations to compare and verify what is required in the
permit applications. If they differ, contact the appropriate permitting agency.
Step 5. Submit a complete application. Incomplete applications typically result in
processing delays.
Step 6. Attend meetings or hearing where the application will be discussed to respond to
any questions that are raised. If questions are not responded to, delays could
result.
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Local Standards and Permits
Typical Local Permits
The table below provides typical local permits and approvals required for LFG-to-energy
projects:
TABLE 3.1. LOCAL PERMITS AND STANDARDS
PERMIT
DESCRIPTION
Building Permit
Most county/local governments require building permits for construction, which entail
compliance with several types of building codes, such as plumbing and electrical. A typical
building permit application may require detailed final plans for structures, including electrical
and plumbing plans, floor layout, sewage facilities, stormwater drainage plan, size and
shape of lot and buildings, setback of buildings from property lines and drain field, access,
size and shape of foundation walls, air vents, window access, and heating or cooling plants
(if included in the design).
Zoning/Land Use
Most communities have a zoning and land use plan that identifies where different types of
development are allowed (i.e., residential, commercial, and industrial). The local zoning
board determines whether a particular project meets local land use criteria, and can grant
variances if conditions warrant. A landfill gas project may require an industrial zoning '
classification.
Stormwater Management
Some local public works departments require a permit for discharges during
construction and operation of a LFG-to-energy project. Good facility design that
maintains the pre-development runoff characteristics of the site will typically enable
the project to meet permitting requirements easily.
Solid Waste Disposal
A LFG-to-energy project may generate solid wastes, such as packaging material,
cleaning solvents, and equipment fluids. If the landfill is closed, disposal of these
solid wastes may be subject to review by a local authority.
Wastewater
The primary types of wastewater likely to be generated by a LFG-to-energy project
include maintenance wastewater and cooling tower blowdown. The city engineer's
office should be contacted to provide information about available wastewater
handling capacity, and any unique condensate treatment requirements or permits
for landfills.
Fire Hazards and
Precautions
The mix of gases in landfill gas has a moderate to high explosion potential;
methane is explosive in concentrations of 5 to 15 percent in air. Because methane
has the potential to migrate from the landfill to on-site or off-site structures, it poses
a significant public safety hazard. EPA requires that methane concentrations be
less than 5 percent at a landfill property line, and less than 1.5 percent in a facility's
structures. County regulations may call for as strict or stricter standards to be
observed at the landfill.
Noise
Most local zoning ordinances stipulate the maximum allowable decibel levels from
noise sources. These levels vary depending on the location of the site. For
example, LFG energy recovery projects located near residential areas will likely
have to comply with stricter noise level standards than projects located in non-
populated areas.
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Federal Incentive Programs
PART II: INCENTIVE PROGRAMS
1. OVERVIEW OF FEDERAL INCENTIVE PROGRAMS
There are three federal incentive programs that may apply to LFG-to-energy projects: the
Section 29 Tax Credit, the Renewable Energy Production Incentive (REPI), and the Qualifying
Facilities (OF) Certification. Each program is described below.
1.1 Secti o n 29 Tax C red it
Developers of LFG-to-energy projects who sell LFG to an unrelated third party may qualify for
a tax credit under Section 29 of the Internal Revenue Service (IRS) tax code. In order to take
advantage of the credits, project developers may bring in an outside party when developing
power projects. The Section 29 tax credit was established in 1979 to encourage development of
unconventional gas resources, such as landfill gas. Section 29 tax credits are available through
2007 to LFG projects that have a gas sales agreement in place by December 31,1996 and are
placed in service by June 30,1998. The credit has been extended several times by the U.S.
Congress, but there is no guarantee that these extensions will continue. The credit 'is worth
$3.00 per barrel of oil-equivalent (on a MMBtu basis) and is adjusted annually for inflation;
currently, it is worth $0.979 per MMBtu - about 1.2 0/kWh for a typical landfill gas electricity
project.
1.2 Renewable Energy Production Incentive (REPI)
The Renewable Energy Production Incentive (REPI), mandated under the Energy Policy Act
of 1992, may provide a cash subsidy of up to $0.015 per kWh to owners and operators of
qualified renewable energy sources, such as landfills, that began operation between October
1993 and September 2003.4 The Department of Energy (DOE) will make incentive payments for
10 fiscal years, beginning with the fiscal year in which application for payment for electricity
generated by the facility is first made and the facility, is determined by DOE to be eligible for
receipt of an incentive payment. The period for payment under this program ends in fiscal year
2013.
For further information, contact:
U.S. Department of Energy
Efficiency and Renewable Energy
Forrestal Building, Mail Station EE-10
1000 Independence Avenue, S.W.
Washington, DC 20585
Phone: (202)586-4564
Final Rule Making, 10 Federal Register Part 451, July 19, 1995, Vol. 60, No. 138.
20 Draft New Jersey State Primer - December 1996
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Federal Incentive Programs
1-3 Qualifying Facilities Certification
Landfill gas-to-energy projects that generate electricity will benefit from Qualifying Facilities
(QF) certification, which is granted through the Federal Energy Regulatory Commission (FERC).
The following describes the benefits of QF status and the steps for applying for such status.
The Public Utility Regulatory Policies Act (PURPA) -- one of five parts of the National Energy
Act of 1978 ~ was designed to promote conservation of energy and energy security by removing
barriers to the development of cogeneration facilities and facilities that employ waste or
renewable fuels. Such facilities are called Qualifying Facilities, or QFs. Under PURPA, utilities
are required to purchase electricity from QFs at each utility's avoided cost of generating power.
PURPA provides that a small power production facility, such as a LFG-to-energy project that
meets FERC standards can become a QF.
In order to apply for QF status, applicants must prepare either (1) a Notice of Self-
Certification, which asserts compliance with the FERC's technical and ownership criteria, or (2)
an Application for Commission Certification of Qualifying Status, which requires a draft Federal
Register notice and which provides actual FERC approval of QF status. In either case, the
applicant must also file Form 565, which is a list of questions about the project, and must pay
any filing fees associated with certifications, exemptions, and other activities. FERC will provide
the QF "Info Packet" that describes the necessary steps, requirements, and background
information. After submittal of the initial application, further justifications and submittal of
information may be required.
For the QF Info Packet and applications, contact:
Federal Energy Regulatory Commission
Qualifying Facilities Division
825 North Capitol Street, N.E.
Washington, DC 20426
Phone: (202)208-0571
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State Incentive Programs
2. STATE INCENTIVE PROGRAMS
The New Jersey Department of Environmental Protection (NJDEP) is a proponent of LFG-to-
energy projects and supports their development whenever practical. At this time NJDEP offers
several incentives that are advantageous to LFG-to-energy development, some of which offer
various forms of monetary assistance. Some of the programs available include:
• Pollution Control Equipment Sales Tax Exemption: The purchase of qualifying pollution
control equipment is NJ state sales tax exempt. Please contact your tax accountant for
applicability.
• New Jersey Emissions Trading Program: This popular program provides emission credits
for pollutant (VOC) reductions which can then be sold or traded. Please contact NJDEP's
Office of Air Quality at (609) 984-6721.
• Bonus NOX Allocations and Incentives: Additional Information may be obtained from the
Office of Air Quality at (609) 984-6721.
• Recycling Equipment Loans: This revolving loan program provides low-cost loans for
qualifying recycling equipment purchases. For additional information and/or an application,
please call the Office of Planning and Recycling at (609) 984-3438.
• Recycling Tax Credit Program: Provides for a 50% sales tax credit on the purchase of
qualifying recycling equipment. For additional information, please contact NJDEP's Office of
Recycling and Planning at (609) 984-3438.
The New Jersey Economic Development Authority can also provide financial assistance in the
form of loans to qualifying project developers.
Impediments to LFG recovery projects include utility deregulation and its ensuing economic
uncertainty, a typically low rate of return for investors, and regulatory obstacles. NJDEP is
actively working toward removing the hurdles to LFG-to-energy development as well as initiating
other incentives. This is being pursued through rethinking traditional policies that may
discourage LFG-to-energy projects, continuing education on the benefits of LFG projects, and
maintaining a commitment to encourage these projects.
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APPENDIX A: STATE CONTACTS
DEPARTMENT OF ENVIRONMENTAL
PROTECTION
Department of Environmental Protection
Environmental Regulation
Office of Permit Information and Assistance
CN423
Trenton, NJ 08625
609-292-5548
Air Quality
Bureau of New Source Review
Department of. Environmental Protection
CN027
Trenton, NJ 08625
609-633-2753
Water Quality
Division of Water Quality
Environmental Regulation
Department of Environmental Protection
CN029
Trenton, NJ 08625
609-292-4860
Bureau of Stormwater Permitting
Division of Water Quality
Environmental Regulation
Department of Environmental Protection
CN 029
Trenton, NJ 08625
609-292-4860
Bureau of Construction and Connection
Division of Water Quality
Department of Environmental Protection
CN 029
Trenton, NJ 08625
609-292-4429
Water Supply
Bureau of Water Allocation
Water Supply Program
Department of Environmental Protection
CN426
Trenton, NJ 08625
609-984-6831
Solid Waste
Division of Solid and Hazardous Waste
Department of Environmental Protection
CN414
Trenton, NJ 08625
609-984-6650
SPECIAL PERMITTING AREAS
Delaware River Basin Commission
25 State Police Drive
Box 7360
West Trenton, NJ 08628
609-883-9500
Hackensack Meadowlands Development
Commission
One DeKorte Park Plaza
Lyndhurst, NJ 07071
201-460-1700
Pinelands Commission
P.O. Box 7
Springfield Road
New Lisbon, NJ 08064
Delaware and Raritan Canal Commission
Prallsville Mills
P.O. Box 539
Stockton, NJ 08559-0539
609- 397-2000
USGS MAPS
May be purchased from:
NJDEP, Bureau of Revenue
CN417
Trenton, NJ 08625-0417
609-777-7138
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Other State Agencies:
Department of Commerce and Department of Transportation
Economic Development Central Permits Office
Office of Business Advocacy 1035 Parkway Avenue
CN 823 CN600
Trenton, NJ 08625 Trenton, NJ 08624
609-292-0700 609-530-3766
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