United States
Environmental Protection
Agency
Air and Radiation
(6202J)
&EPA Landfill Gas Projects
« * i
EPA430-B-98-000
June 1998
www.epa.gov/lmop
in Washington
A Primer on
~~
Developing Washington's
Landfill Gas-to-Energy
Potential
LANDFILL METHANE
OUTREACH PROGRAM
v Printed on paper that contains at least
^
W A S H I K S T 0 N S T A T I
DEPARTMENT OF
20 percent postconsumer fiber.
-------
-------
Contents
Introduction x
1. About the Landfill Methane Outreach Program x
2, Electricity Restructuring and LFGTE x
3, The Goals of This Primer x
4, Where to Go for More Information x
Part 1: Standards and Permits
1. Overview of Federal Standards and Permits x
1.1 Resource Conservation and Recovery Act Subtitle D x
1,2 Clean Air Act (CAA) x
NMOC Emissions: New Source Performance Standards (NSPS) x
Air Emissions: New Source Review (NSR) Permitting Processx
Title V Operating Permit x
1,3 National Pollutant Discharge Elimination System Permit (NPDES)
1,4 Clean Water Act, Section 401 x
1,5 Other Federal Permit Programs x
2. State Standards and Permits x
3. Overview of Local Standards and Permits x
Part 2: Incentive Programs
1. Overview of Federal Incentive Programs x
1,1 Section 29 Tax Credit x
1.2 Renewable Energy Production Incentive (REPI) x
1.3 Qualifying Facilities Certification x
2, Overview of State Incentive Programs x
Tables
Table A Candidate Landfills for LFGTE Projects in Washington x
Table 2,1 Summary Table of State Standards/Permits x
Table 2,2 Permit Approval Timeline x
Table 2,3 Air Contaminant source Registration x
Table 2,4 New Source Review x
Table 2.5 Reasonably Available Control Technology Determinations x
Table 2.6 Air Operating Permits x
Table 2.7 Solid Waste Permit x
-------
-------
Introduction
QAbout the Landfill Methane Outreach Program
The recovery of energy from landfill gas provides local and global environmenfal and energy benefits, as well as
economic benefits. The mefhane captured from landfills can be transformed into a cost-effective fuel source for
generating electricity and heat, firing boilers, or even powering vehicles.
To promote the use of landfill gas as an energy source, the U.S. Environmental Protection Agency (EPA) has
established the Landfill Methane Outreach Program (LMOP). The goals of LMOP are to reduce methane emis-
sions from landfills by:
Encouraging environmentally and economically beneficial landfill gas-to-energy development
Removing barriers to developing landfill gas-to-energy (LFGTE) projects
To achieve these goals, EPA establishes alliances with four key constituencies:
State environmental and energy agencies
Energy users/providers (including investor-owned, municipal and other public power utilities, cooperatives,
direct end users, and power marketers)
Industry (including developers, engineers, and equipment vendors)
Community partners (municipal and small private landfill owners and operators; cities, counties, and other
local governments; and community groups)
EPA establishes these alliances through a Memorandum of Understanding (MOU). By signing the MOU, each ally
and partner acknowledges a shared commitment to promoting landfill gas energy recovery at sold waste landfills,
recognizes that the widespread use of landfill gas as an energy resource will reduce methane and other air emis-
sions, and commits to certain activities that enhance the development of this resource.
As of January 1999, over 240 landfill methane recovery projects are operating in the United States. EPA estimates
that up to 750 landfills could install economically viable landfill energy projects by the year 2000.
LFGTE PROJECTS IN WASHINGTON
No LFGTE projects are operating in Washington as of Fall 1995. However, six landfills are actively pursu-
ing energy recovery projects. The projects range from a 250 kW project at the Whatcom County landfill
to a 25 MW project at the Cedar Hills landfill in King County. Other proposed LFGTE projects include
Tacoma's landfill, Seattle's Kent-Highland landfill, Spokane's Northside landfill and Port Angeles' landfill.
A recently proposed innovative LFG project for the Hidden Valley landfill involves the conversion of LFG to
methanol to be marketed as a fuel or a chemical.
Eleven additional landfills are candidates for LFGTE projects, including a large regional landfill that is
proposing to stimulate gas production by recirculating leachate and adding water. Installation of a LFG-to-
energy project at each of these eleven candidate landfills has the potential to reduce methane emissions
by 2.6 million tons per year. Assuming the current proposed projects are successful, the Washington
State Allies have a goal of 14 projects on-line by the year 2000.
A Primer on Developing Washington's Landfill Gas-to-Energy Potential
-------
Table A
Candidate Landfills
Landfill Name
Centralia
Cheyne Landfill
Cowlitz County
Greater Wenatchee
Hawks Prairie
Hidden Valley
Leichner
Olympic View
Roosevelt Regional
Terrace Heights
County
Lewis
Yakima
Cowlitz
Douglas
Thurston
Pierce
Clark
Kitsap
Klickitat
Yakima
Operational Status
Closed
Open
Open
Open
Open
Open
Closed
Open
Open
Open
11th Landfill - -
Source: EPA's Opportunities for Landfill Gas Energy Recovery in Washington: Draft Profiles of Candidate Landfills and Current Projects
and information provided by the state of Washington.
Landfill Gas Projects in Washington
-------
2. Electricity Restructuring and LFGTE
What Is Electricity Restructuring?
Electricity restructuring refers to the introduction of competition into both the wholesale and retail electricity mar-
kets. Until now, electric utilities operated as monopolies authorized by federal and state regulatory authorities as
the sole provider of electric service to consumers within a specific service territory. Under restructuring, utilities
will lose these monopolies, enabling other energy providers to compete for their customers. The result will be
more energy options for consumers, lower energy prices, and greater use of renewable energy sources.
Efforts to restructure the electric utility industry began in 1978 with passage of the Public Utilities Regulatory
Policies Act (PURPA), which required utilities to buy a portion of their power from unregulated power generators
in an effort to encourage the development of smaller generating facilities, new technologies, and renewable ener-
gy sources. The National Energy Policy Act of 1992 (EPACT) expanded on PURPA, allowing more types of unreg-
ulated companies to generate and sell electricity, effectively creating a competitive wholesale market for electric
power.
Restructuring at the retail level has been a hot issue in many states since the passage of EPACT, which delegat-
ed states the authority to introduce competition among electric utilities within their borders. As of January 1999,
14 states have enacted some form of restructuring legislation, while the remaining 36 are considering such legis-
lation.
How Do These Changes Affect Landfill Gas Recovery?
Many states are including renewable energy provisions in their restructuring legislation. Such provisions mandate
utilities to include a certain percentage of electricity generated from renewable, or "green energy," sources into
their energy mixes. LFGTE is one such green energy source.
In March 1998, the Clinton Administration unveiled its "Comprehensive Electricity Competition Plan" to restruc-
ture the electricity industry nationwide. Contained in that proposal is a Renewable Portfolio Standard (RPS) that
would guarantee that a minimum percentage of the nation's electricity be powered by green energy. Energy ser-
vice providers would be required to cover a percentage of their electricity sales with generation from non-hydro-
electric renewable sources such as wind, solar, geothermal, and biomass (which includes LFGTE).
Marketing Landfill Gas Recovery as Green Power
One of the emerging areas and most promising mechanisms to encourage utilities and other energy marketers
to participate in LFGTE projects is the development of green marketing programs. Green marketing programs
are designed to enable energy marketers to position renewable energy products (including LFGTE) as premium
products, and therefore, collect a premium price from their customers. In addition, green marketing allows energy
marketers in competitive marketplaces to differentiate their energy product, and allows utilities in non-restruc-
tured marketplaces to gain critical product marketing experience in preparation for competition. However, the
general public is less familiar with LFGTE than other sources of renewable energy; support from the LMOP is
often critical to ensure the success of early LFGTE green marketing efforts.
Get the Latest Information on Electricity Restructuring in Your State
For up-to-date information on electricity restructuring in Washington, visit the National Conference of State
Legislatures Web site at http://www.ncsl.org/programs/esnr/restru.htm. This site contains a glossary of terms
related to restructuring, as well as links to the full text of restructuring legislation passed by states.
A Primer on Developing Washington's Landfill Gas-to-Energy Potential \ \ \
-------
3. The Goals of This Primer
Permits, incentive programs, and policies for LFGTE project development vary greatly from state to state. To
guide LFGTE project developers through the state permitting process and to help them to take advantage of
state incentive programs, the LMOP has worked with state agencies to develop individual primers for states par-
ticipating in the State Ally Program. By presenting the latest information on federal and state regulations and
incentives affecting LFGTE projects in this primer, the LMOP and Washington state officials hope to facilitate
development of many of the landfills listed in Table A.
To develop this primer, the state of Washington identified all the permits and funding programs that could apply
to LFGTE projects developed in Washington. It should be noted, however, that the regulations, agencies, and poli-
cies described are subject to change. Changes are likely to occur whenever a state legislature meets, or when
the federal government imposes new directions on state and local governments. LFGTE project developers
should verify and continuously monitor the status of laws and rules that might affect their plans or the operations
of their projects.
Who Should Read This Primer?
Throughout the country, the number of LFGTE projects is growing. Recovering methane gas at solid waste land-
fills provides significant environmental and economic benefits by eliminating methane emissions while capturing
the emissions' energy value.
This primer is designed to help realize the potential of landfill gas recovery in the state of Washington. It provides
information for developers of LFGTE projects, as well as all other participants in such projects: landfill operators,
utility companies, independent power producers, utility regulators, state regulators, engineers, and equipment
vendors.
What Information Does This Primer Contain?
If you are interested in taking advantage of the economic and environmental opportunities in LFGTE recovery in
Washington, you will need to know the regulatory requirements that apply. You will also need to know what eco-
nomic incentives are available to help make these projects more economically viable.
To address these needs, this primer covers the following topics:
Federal Standards and Permits. This section provides information on federal regulations that may pertain to
LFGTE projects, including solid waste, air quality, and water quality regulations.
State Standards and Permits. This section provides information on state permits that apply to landfill gas
recovery projects in Washington.
Local Standards and Permits. Local permit approval will often be needed for LFGTE projects. This section
offers a step-by-step process you can follow to secure this approval.
Federal Incentive Programs. This section presents information on federal incentives that may apply to
LFGTE projects.
State Incentive Programs. This section presents information on the environmental infrastructure financing
opportunities that are available in the state of Washington.
iv Landfill Gas Projects in Washington
-------
4. Where Can I Go for More Information?
The Washington State Ally Contacts Are:
Jim Kerstetter
Washington Energy Office
925 Plum St. MS 43165
Olympia, WA 98504-3165
(360) 956-2069
Jim Knudson
Solid Waste Services Program
Department of Ecology
P.O. Box 47600
Olympia, WA 98504-7600
(360) 407-6110
A Primer on Developing Washington's Landfill Gas-to-Energy Potential
-------
-------
Part 1: Standards and Permits
IT
Overview Of Federal Standards And Permits
The following section discusses federal regulations that may pertain to LFGTE projects. LFGTE projects
can be subject to solid waste, air quality, and water quality regulations. The federal regulations are pre-
sented in general terms, because individual state/local governments generally develop their own regula-
tions 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:
Importance of the standard/permit to LFGTE project developers
Applicability to LFGTE projects
Description of each standard/permit
1.1 Resource Conservation and Recovery Act Subtitle D
Importance Before a LFGTE 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 promulgated landfill
design and performance standards; the newer standards apply to municipal solid
waste landfills that were active on or after October 9, 1993. Specifically, the stan-
dards require monitoring of LFG and establish performance standards for com-
bustible 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 periodical-
ly 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
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 permitted limits, corrective action (i.e., installa-
tion of a LFG collection system) must be taken. Subtitle D may provide an impetus for some landfills to
install energy recovery projects in cases where a gas collection system is required for compliance (see
40 CFR Part 258 for more information).
A Primer on Developing Washington's Landfill Gas-to-Energy Potential
-------
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 LFGTE projects: New Source Performance
Standards (NSPS) and New Source Review (NSR). Facilities that are planning to construct a new LFGTE
system or that plan to modify a landfill operation to incorporate a LFGTE 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 LFGTE projects are discussed below.
Non-Methane Organic Compounds Emissions (NMOCs):
New Source Performance Standards (NSPS):
Importance LFGTE 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 land-
fills that received waste after November 8, 1987 ("existing landfills"), the standards are
"Emissions Guidelines" (EG), and for landfills that commenced construction, recon-
struction, modification, or began accepting waste 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 or http://www.ntis.gov. 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.
Capacitymaximum design capacity greater than or equal to 2.5 million Mg (or 2.5 million cubic
meters)."!
Emissionsannual NMOC emission rate is greater than 50 Mg.
Air Emissions: New Source Review (NSR) Permitting Process
Importance New LFGTE projects may be required to obtain construction permits under New
Source Review (NSR). Depending on the area in which the project is located, obtain-
ing 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 nitro-
gen. 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 LFGTE 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).
1 Landfills with less than 2.5 million Mg are required to file a design capacity report.
2 Landfill Gas Projects in Washington
-------
Description CAA regulations require new stationary sources and modifications to existing
sources of certain air emissions to undergo NSR before they can operate. The pur-
pose 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 com-
plex, 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, nitrogen dioxide (NO2), carbon monoxide (CO), particulate matter (PM-
10), sulfur dioxide (SO2), 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 implemen-
tation 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 LFGTE 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 LFGTE pro-
ject 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 pollu-
tant. 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.
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 NSR 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 of reduction achievable through the applica-
tion 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 infor-
mation on PSD).
^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.
A Primer on Developing Washington's Landfill Gas-to-Energy Potential 3
-------
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 LFGTE 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 thresh-
olds). To obtain a nonattainment NSR permit for criteria pollutants, a project must meet two requirements:
Must use technology that achieves the Lowest Achievable Emissions Rate (LAER) for the nonattain-
ment pollutant
Must arrange for an emissions reduction at an existing combustion source that offsets the emis-
sions from the new project at specific ratios
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 LFGTE 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.
Title V Operating Permit
Importance Many LFGTE projects must obtain operating permits that satisfy Title V of the 1990
CAA Amendments.
Applicability Any LFGTE 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
National Pollution Discharge Elimination 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 regu-
lations. A Title V operating permit must be renewed every 5 years.
1.3 National Pollutant Discharge Elimination System (NPDES) Permit
Importance LFGTE 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, LFGTE projects
may generate wastewater from system maintenance and cooling tower blowdown.
Landfill Gas Projects in Washington
-------
Description NPDES permits regulate discharges of pollutants to surface waters. The authority to
issue these permits is delegated to state governments by 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 treat-
ment or impose other operation conditions. The state water offices or EPA regional
office can provide further information on these permits.
The permits are required for three categories of sources and can be issued as individual or general per-
mits. A LFGTE 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 waste-
water 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
Other relevant information.
1.4 Clean Water Act, Section 401
Importance LFGTE projects may need CWA Section 401 certification for constructing pipelines
that cross streams or wetlands.
Applicability LEG 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 LFGTE project facilities or pipelines to transport LFG.
The applicant must obtain a water quality certification from the State in which the discharge will origi-
nate. The certification should then be sent to the U.S. Army Corps of Engineers. The certification indi-
cates that such discharge will comply with the applicable provisions of Sections 301, 302, 303, 306, and
307 of the Clean Water Act (CWA).
A Primer on Developing Washington's Landfill Gas-to-Energy Potential
-------
1.5 Other Federal Permit Programs
The following are brief descriptions of how ofher federal permifs could apply fo LFGTE project developmenf.
RCRA Subfifle C could apply fo 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 habi-
tat for endangered species.
Landfill Gas Projects in Washington
-------
H~
State Standards and Permits
This section provides information on permits required by the State of Washington for the development of
a LFGTE project.3 Information provided on each permit includes how the permit is applicable to LFGTE
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, the
review/approval period, and any fees required. For an overview of required permits, contact information,
and length of the review period, see Tables 2.1 and 2.2.
The principal permits required for LFGTE projects in the State of Washington are related to water quali-
ty/resource and air quality issues. Depending on the impacts that a project may generate and the loca-
tion of a project, other requirements or standards may apply to LFGTE projects, such as wetland and nat-
ural heritage requirements, that are not discussed in this handbook. Thus, developers should contact
state and local agencies for a complete list of applicable permits (see Section 3 for a discussion on
potential local permit requirements).4
Before issuing any permits or approvals the Washington State Environmental Policy Act (SEPA) requires
state and local agencies to evaluate proposed projects for their environmental impact. The purpose of
SEPA is to ensure that environmental values are considered by state and local government officials when
making decisions about projects.
The developer of a project must submit a permit application to a local or state agency, who determines
whether or not the project is exempt from SEPA. If the project is not exempt, the agency then determines
who will be the lead agency for the project. The lead agency is chosen from all relevant agencies requir-
ing permits for the project. The SEPA lead agency is responsible for ensuring that the project is in com-
pliance with all aspects of SEPA. For thermal generation projects of 250 megawatts or greater (very
unlikely for a LFGTE project), the lead agency, by law, is the Washington Energy Facility Site Evaluation
Council.
When SEPA compliance is required for a project, the developer must complete an environmental check-
list, which asks questions about how the project will affect the different elements of the environment
such as air, water, etc. The checklist is designed to help the developer and the lead agency identify
potential impacts from the project (and to reduce or avoid these impacts, if possible), and to help the
lead agency decide whether an Environmental Impact Statement (EIS) is required.5 Based on analysis
of the potential environmental impacts identified in the checklist, the lead agency will make a determina-
tion as to whether an EIS is needed.
Most projects will not require an EIS. Instead, the agency will issue a determination of non-significance
(DNS), which documents the agency's decision that the project will not have a significant adverse envi-
ronmental impact. The lead agency must send its decision to all agencies that have responsibility for rel-
evant permits or approvals and must give public notice that the DNS has been issued. Any person or
agency may submit written comments on the DNS to the lead agency within 15 days from the date of
issuance. If any comments are received by the lead agency, they must reconsider the DNS. If the DNS is
not disputed, the permit process can then begin.
A Primer on Developing Washington's Landfill Gas-to-Energy Potential
-------
Landfill Gas Projects in Washington
-------
Table 2.1
Summary Table of State Standards/Permits
Standard
Permit
Agency/Contact
Review Period
Air
Air Contaminant
Source Registration
Department of Ecology
Headquarters
Air Quality Program
(360) 407-6810 (Alan Newman) or
Regional Office or Local Air Authority
Annual renewal
New Source Review
Department of Ecology
Headquarters
Air Quality Program
(360) 407-6800
(360) 407-6810 (Alan Newman)
or Regional Office or Local Air Authority
0.5 months-6 months
Reasonably
Available Technology
Determinations
(RACT)
Department of Ecology
Headquarters
Air Quality Program
(360) 407-6810 (Alan Newman) or
Regional Office or Local Air Authority
0.5 months-6 months
Air Operating Permit
Department of Ecology
Headquarters
Air Quality Program
(360) 407-7528 (Tom Todd) or
Regional Office or Local Air Authority
60 days up to 3 years
Waste
(Dangerous/Solid)
Solid Waste Permit
Jurisdictional Health Departments in
33 Districts; for listing call
Department of Ecology
Solid Waste Services Program
(360) 407-6132 (Ellen Caywood)
Annual renewal for
most solid waste
permits; municipal
solid waste landfill
permits can be issued
for up to 10 years.
Dangerous Waste
Generator Notification
Department of Ecology
Headquarters
Hazardous Waste & Toxics Reduction
Program
(360) 407-6700 (Dan Kruger)
One time registration
with annual reporting
of waste generation.
(chart continued on next page)
A Primer on Developing Washington's Landfill Gas-to-Energy Potential
-------
Table 2.1
Summary Table of State Standards/Permits, continued
Standard
Permit
Agency/Contact
Review Period
Water
National Pollutant
Discharge Elimination
System Permit
(NPDES)
Department of Ecology
Water Quality Program
(360)407-6400 or
Regional Office
6 months-1 year
State Waste
Discharge Permit
Department of Ecology
Water Quality Program
(360)407-6400 or
Regional Office
3 months-6 months
Water Use and
Certificate of Water
Right
Department of Ecology
Water Resources Program
(360) 407-6600 (Doug McChesney)
or Regional Office
varies
10
Landfill Gas Projects in Washington
-------
Table 2.2
Permit Approval Timeline
Air
"Air Containment Source
New Source Review
RACT
Operating Permit
Waste
*Solid Waste
* Dangerous Waste
Water
NPDES
Discharge Permit
* * * Water Use
0 2
Months
8 10 12 14
Notes
Solid black band denotes the minimum review/approval
period; gray band the maximum.
* Annual renewal
** From 2 months to 3 years
* * * Varies
The remainder of Section 2 contains information about each of the permits required by Washington for projects
development. The information is organized in tables and each table contains the following information about the
subject permit:
Applicability to Landfill Gas Projects
Agency Contact
Description
Statute/Regulation
Information Required/Suggestions
Application Process
Review Process
Review/Approval Period
Fee
A Primer on Developing Washington's Landfill Gas-to-Energy Potential
11
-------
Table 2.3
Air Contaminant Source Registration
Applicability to
Landfill Gas Projects
Emissions from equipment used at LFGTE recovery facilities, such as internal
combustion engines, are subject to state air regulations. However, LFGTE projects
may be exempt from some air permits because they emit less than the de minimis
regulated level.
Agency Contact
Department of Ecology, Headquarters or Regional Offices, or the local air authority
Department of Ecology, Headquarters
P.O. Box 47600, Olympia, Washington 98504-7600
Phone (360) 407-6810 (Alan Newman), Fax (360) 407-6802
Description If an air pollution source is not required to get an air operating permit, that source
must register every year with the Department of Ecology or a local air authority.
Through the registration process, the levels and types of air pollution from a given
source are classified and regulatory requirements related to air emissions are identi-
fied. In addition, the owner or operator of a registered source must maintain records
on air emissions and related parameters, and submit an inventory of emissions from
the source each year.
Statute/Regulation
Statutory Authority: Chapter 70.94.151 RCW
Regulations: Ch. 173-400 (General Regulations) WAG
Information
Required/Suggestions
Emission information and air pollution controls (in-place and proposed).
Application Process
Submit required information on state or local agency-provided forms along with
appropriate registration fee to the appropriate local agency or Ecology regional office.
Review Process
The Agency reviews the emissions estimates and accepts/rejects/modifies the emis-
sion data for recording in the statewide emissions database. The Agency notifies the
source of the Agency's actions on emission data.
12
Landfill Gas Projects in Washington
-------
Review/Approval Registration and fees submitted to the agency yearly.
Period
Fees Department of Ecology: Periodic fee (annual or less frequent); final fee amounts
adopted March 1995 and vary based on the emission estimates.
$400/year may be considered a baseline.
Local Air Authority: Each authority establishes its own fees which will vary among
local jurisdictions.
A Primer on Developing Washington's Landfill Gas-to-Energy Potential 13
-------
Table 2.4
New Source Review
Applicability to
Landfill Gas Projects
Emissions from new or modified equipment used at LFGTE recovery facilities, such
as from gas boilers or infernal combusfion engines, are subject to new source review.
Agency Contact
Department of Ecology, Headquarters or Regional Office Air Quality Program,
or the local air authority (see Appendix A)
Department of Ecology, Headquarters
P.O. Box 47600, Olympia, Washington 98504-7600
Phone (360) 407-6810 (Alan Newman), Fax (360) 407-6802
Description Emission sources proposing to construct a new source or modify an existing source
must submit a Notice of Construction Application to the Department of Ecology or the
local air authority for the review. Information for additional analysis may be required
depending on source complexity and the type and amount of emissions anticipated.
The applicant may be required to submit information for one or more of the following:
Prevention of Significant Deterioration (PSD): Major sources (i.e., those emitting >100
tons/year of a regulated pollutant) are required to undergo PSD. This process is designed
to prevent degradation of air quality in areas of the state that are complying with ambient
air quality standards while still maintaining a margin for future industrial growth.
Lowest Achievable Emission Rates (LAER): New sources are required to undergo
this review if their proposed emissions exceed 100 tons per year and they are located
within areas where the federal ambient air quality standards are being violated
(non-attainment areas). New sources required to comply with LAER must use the
very best control options available for limiting their emissions.
Second Tier Analysis: Second tier analysis provides a mechanism for the Department of
Ecology to approve toxic air pollutant emissions from a source where it determines that
emissions controls represent best available control technology (BACT) and the source
demonstrates that risk exposures from emissions to toxic air pollutants are sufficiently low.
Risk Management Decision: A risk management decision is the process of evaluating all
likely pathways of exposure from all waste streams (air emissions, water discharges, etc.)
to determine if proposed changes will result in a greater benefit to human health and
the environment as a whole. This allows the Department of Ecology to approve emis-
sions of toxic air pollutants with a human cancer risk greater than established criteria.
Statute/Regulation
Statutory Authority: Chapter 43.21 and 70.94 RCW
Regulations: Ch. 173-400 (General Regulations); 173-460 (Controls for New Sources of
Toxics); and 173-490 (Emission Standards for Volatile Organic Compounds) WAG
14
Landfill Gas Projects in Washington
-------
Information
Required/Suggestions
Notice of Construction Application. This application must include a description of the
new or modified source, the types of equipment used that will generate air pollution,
the types and amounts of air pollutants released into the air, and proposed methods
for air pollution control or prevention.
Application Process
Applications must be submitted to the Department of Ecology or the local air authority.
Review Process
Within 30 days of receiving an application, the permitting authority must determine
whether the application is complete. Within 60 days of receiving a complete applica-
tion, the permitting authority must take final action or initiate public comment. The
Department of Ecology or local air authority has review and approval authority for the
construction of new sources or modifications to existing sources of air pollution.
Review/Approval
Period
Processing time averages 6 weeks, but can range from 3 weeks to 6 months or
longer and is highly dependent on project complexity.
Fees
Department of Ecology
Basic Review Fees: Amounts range from $1,000 to $15,000 depending upon source
complexity.
Additional Review Fees:
Prevention of Significant Deterioration - $10,000
Lowest Achievable Emission Rates (LAER) - $10,000
Second Tier Analysis - $7,500
Risk Management Decisions - $5,000
SEPA Reviews - $200 or $2,000
Fee Reductions for Small Businesses: Department of Ecology may reduce new
source review fees for small business by 50 percent of the estimated fee or $250,
whichever is greater. If a source demonstrates extreme economic hardship, the fee
may be lowered to $100.
Fee Reductions for Pollution Prevention Measures: Department of Ecology may
reduce New Source Review fees for an individual source that has implemented
approved pollution prevention measures.
Local Air Authority
Each authority establishes its own fees which will vary among local jurisdictions.
A Primer on Developing Washington's Landfill Gas-to-Energy Potential
15
-------
Table 2.5
Reasonably Available Control Technology Determinations
Applicability to
Landfill Gas Projects
Existing equipment used at LFGTE recovery projects may be required to undergo
a Reasonably Available Control Technology (RACT) determination.
Agency Contact
Department of Ecology, Headquarters, Air Quality Program
P.O. Box 47600, Olympia, Washington 98504-7600
Phone (360) 407-6810 (Alan Newman), Fax (360) 407-6802
Description
Existing industrial and commercial sources may be required by the Department of
Ecology to undergo a RACT determination. The RACT process determines the necessity
for reasonable available control requirements to reduce or limit air emissions. These
requirements identify the lowest emission limit that a source or source category is
capable of meeting after considering technological and economic feasibility. The
following are the major regulations that may be applicable to landfill gas projects:
Visible Emissions: Prohibits emissions for more than three consecutive minutes, in
any 1 hour, of an air contaminant from any emissions unit that at the emission point
or within a reasonable distance from the emission point, exceeds 20 percent opacity.
Fallout: Prohibits particulate emissions from any source from being deposited beyond
the facility property line in sufficient quantity to interfere with the use and enjoyment
of the property upon which the material is deposited.
Fugitive Emissions: Requires that reasonable precautions be taken to prevent fugitive
emissions from equipment or processes engaged in material handling, construction,
or demolition activities.
Odors: Requires that good practices and procedures be employed to reduce genera-
tion of any odor from any source that may unreasonably interfere with any other prop-
erty owner's use and enjoyment of his or her own property.
Sulfur Dioxide: Prohibits emissions of SO2 in excess of 1000 parts per million by vol-
ume, dry, corrected to 7 percent O2.
Concealment and Masking: Prohibits anything that conceals or masks an emission of
an air contaminant which would otherwise violate any other regulation or standard.
Fugitive Dust Sources: Requires owners or operators to take reasonable precautions
to prevent fugitive dust from becoming airborne.
Statute/Regulation
Statutory Authority: Ch. 70.94.153 and 70.94.154 RCW
Regulation: Ch. 173-400 (General) WAG
16
Landfill Gas Projects in Washington
-------
Information
Required/Suggestions
Same as new source review (See page 11).
Application Process
As required by the local authority or the state.
Review Process
Same as new source review (See page 11).
Review/Approval
Period
Review/approval period is approximately 90 days.
Fees
Fees are based on the estimated workload effort to complete the evaluation and
determine RACT requirements for an individual industry or a category of similar
industries. This specific review results in a one-time fee. The following are the two
fee categories:
Individual Source:
Department of Ecology does RACT analysis and determines control require-
ments: $1,500 to $15,000 depending on source complexity.
Source does RACT analysis and determines control requirements: $1,000 to
$10,000 depending on source complexity.
Department of Ecology reviews replacement of emission control technology at
specific source and determines RACT if appropriate: $350 to $850.
Source Categories:
Department of Ecology determines RACT for an entire category of businesses
through a rule-making effort: $25,000 to $100,000 depending on source complexity
(total fee amount split among sources in category, with an estimated single source
fee ranging from $20 to $33,000).
A Primer on Developing Washington's Landfill Gas-to-Energy Potential 17
-------
Table 2.6
Air Operating Permits
Applicability to
Landfill Gas Projects
Emissions from equipment used at LFGTE recovery facilities, such as internal
combustion engines, may be subject to air operating permits.
Agency Contact
Department of Ecology, Headquarters or regional office Air Program, or the local air
authority
Department of Ecology, Headquarters
P.O. Box 47600, Olympia, Washington 98504-7600
Phone (360) 407-6810 (Alan Newman), Fax (360) 407-6802
Description
Major sources of air pollution are required to obtain an air operating permit. Major
sources are defined as those that emit greater than 100 tons/year of an air pollutant,
10 tons/year of a hazardous air pollutant, and/or 25 tons/year of a combination of
hazardous air pollutants. The operating permit system is an administrative tool for
applying other regulations to individual sources by collectively packaging new and
existing regulatory requirements into a single document. These include emissions
limitations, monitoring, reporting, record-keeping, and compliance requirements.
The permit program is designed to enhance accountability and compliance by
requiring sources to submit periodic reports certifying compliance with permit terms
and conditions. Permits are good for 5 years.
Statute/Regulation
Statutory Authority: Chapter 70.94.161 and .162 RCW
Regulation: Ch. 173-401 (Operating Permit Regulation) WAG
Information
Required/Suggestions
Emission rates, orders of approval, emission limits, operating restrictions.
Application Process
These permits are issued by the Department of Ecology and local air authorities,
from whom applications should be requested.
Review Process
Reviewed for completeness and compliance with emission limits.
Review/Approval
Period
60 days for agency to make completeness determination; 180 days from notice of
completeness, the permitting authority should generally issue either a draft permit or
a notice of intent to deny the permit application.
Fees
Department of Ecology: Fees range from $19,500 to $81,500 per source, depending
on the complexity of the source, its air emissions, and the total number of sources
that need a permit.
Local Air Authority: Each authority establishes its own fees which will vary among
local jurisdictions.
18
Landfill Gas Projects in Washington
-------
Table 2.7
Solid Waste Permit
Applicability to
Landfill Gas Projects
LFGTE projects are part of the engineering controls associated with solid waste landfills;
LFGTE projects involve extraction wells or horizontally placed collection layers in the
solid waste and the need to engineer or redesign the final cap and the run-off system.
Agency Contact
Jurisdictional Health Departments. For a listing, call the Department of Ecology at
(360) 407-6132.
Description
State solid waste rules, implemented by the local Jurisdictional health departments,
limit gaseous emissions to avoid onsite and offsite sudden hazards associated with
explosive gases.
Statute/Regulation
Federal Statutory: Resource Conservation and Recovery Act, as amended
State Authority: Chapter 70.95 RCW
Regulations: Chapter 173-304 (Minimum Functional Standards for Solid Waste
Handling) and 173-351 (Criteria For Municipal Solid Waste Landfills) WAG.
Information
Required/Suggestions
Owners or operators of the landfill would need to modify the existing solid waste
permit issued by the Jurisdictional Health Department. Engineering plans and
specifications as well as modifications to the closure and/or post closure plans would
have to be specified in a permit modification or at the annual renewal of the permit.
Jurisdictional health departments generally do not have the engineering expertise to
carry out such reviews and rely on technical advice from either the Department of
Ecology or engineering consultants.
Application Process
Owners or operators will need to submit two copies of the permit modification appli-
cation and the application for annual renewal of the permit to the Jurisdictional
Health Department.
Review Process
After determining that the application is complete, the Jurisdictional Health
Department will forward one copy to the Department of Ecology for review before
modifying the permit.
Review/Approval
Period
The Jurisdictional Health Department has 90 days to approve or deny the modification.
The Jurisdictional Health Department will forward the modified permit to the Department
of Ecology for review no more than 7 days after issuance. The Department of Ecology
may appeal any permit or permit modification that does not meet the requirements of
state regulations to a quasi-judicial body, the Pollution Control Hearings Board.
Fees
The fees will vary depending upon the Jurisdictional Health Department ordinances.
A Primer on Developing Washington's Landfill Gas-to-Energy Potential
19
-------
Table 2.9
Dangerous Waste Generator Notification
Applicability to
Landfill Gas Projects
Dangerous waste may be found during drilling and the installation of LFGTE collection
wells. Infrequently, condensate from LFGTE projects may also be designated as dan-
gerous if the landfill has disposed of dangerous waste in the past. When dangerous
waste is found, it must be disposed of at a permitted dangerous waste facility. Since
solid waste landfills cannot dispose of dangerous waste without a dangerous waste
permit, owners and operators must ship designated wastes and condensate off site
and notify as a generator of dangerous waste.
Agency Contact
Department of Ecology, Headquarters, Hazardous Waste and Toxics Reduction Program
P.O. Box 47600, Olympia, Washington 98504-7600
Phone (360) 407-6700, Fax (360) 407-6715
Description
Dangerous waste includes solid wastes defined as hazardous by federal statute as
well as "state-only" dangerous wastes regulated under state laws and rules.
Generators of dangerous waste are responsible for designation of wastes (collection
and testing/list checking) and for meeting notification, identification number, accumu-
lation, manifesting and record-keeping rules.
Statute/Regulation
Statutory Authority: Chapter 70.105 RCW
Regulations: Chapter 173-303 (Dangerous Waste Regulation) and 173-305 (Fees)
Information
Required/Suggestions
For a State Identification Number, the applicant must submit the company's name,
mailing address, ownership, physical location, and type of dangerous waste on the
notification form.
Application Process
The generator must fill out a Washington State notification of dangerous waste
activities (Form 2) and obtain a EPA/State Identification Number for shipping and
reporting purposes.
Review Process
Public review is not required for the notification or assignment of identification
numbers. The public has access to all records, however.
Review/Approval
Period
Department of Ecology and EPA provide ID numbers within 6 weeks after submission
of the required notification Form 2.
Fees
There is no fee for filing Form 2; however, there is an annual $35 education fee for
most generators of dangerous waste and a minimum pollution prevention planning
fee of $50.
20
Landfill Gas Projects in Washington
-------
Table 2.9
National Pollutant Discharge Elimination System (NPDES) Permit
Wastewater Discharges to Surface Water from Landfills
Applicability to
Landfill Gas Projects
Some LFGTE 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 wastewaterfrom
system maintenance and cooling tower blowdown. Such wastewater streams are
typically combined with landfill leachate streams for treatment and discharge to
surface waters.
Agency Contact
Department of Ecology, Water Quality Program, Regional Office (see Appendix A for
list of regional contacts).
Description
The discharge of pollutants into the state's surface waters is regulated through
NPDES permits. These permits typically place limits on the quantity and concentra-
tion of pollutants that may be discharged. To ensure compliance with these limits,
permits require wastewater treatment or impose other operating conditions. Limits are
based on the use of all, known, available, and reasonable treatment (AKART). Most
NPDES permits have a 5-year life span.
Statute/Regulation
Statutory Authority: Federal Clean Water Act as Amended; Chapters 90.48 RCW.
Regulations: Chapter 173-224 WAG (fees), chapter 173-220 WAG (NPDES), chapter 173-
201A WAG (Surface Water Quality Standards), chapter 173-240 WAG (Engineering Reports)
Information
Required/Suggestions
Individual Permits: An individual permit application for wastewater discharges requires
information on water supply volumes, water utilization, wastewater flow, characteristics
and disposal methods, planned improvements, stormwater treatment, plant operation,
materials and chemicals used, production, and other relevant information. Where the
condensate or other liquid waste streams are newly combined with the leachate treat-
ment system, a permit modification of an existing NPDES permit will be needed.
An engineering report meeting the requirements of chapter 173-240 WAG
required at the time of application.
be
Application Process
The Department of Ecology issues these permits under authority delegated by the U.S.
Environmental Protection Agency. Department of Ecology requires applicants to use
EPA forms for new or modified permits; Ecology's regional offices supply these forms.
Review Process
Review/Approval
Period
The Department of Ecology reviews the NPDES application and prepares a draft
permit and fact sheet for public comment.
Processing time for an individual NPDES permit ranges from about 180 days to
1 year, depending on the complexity of the operation.
Fees
Annual fees charged for NPDES permits vary depending on size, complexity, and/or
type of facility. For new landfills discharging treated leachate to surface water (not
stormwater), fees range from $8,000 (<50 acres) to $30,000 (>250 acres).
A Primer on Developing Washington's Landfill Gas-to-Energy Potential
21
-------
Table 2.10
State Waste Discharge Permit
Wastewater Discharges from Landfills to Groundwater or Publicly-Owned Treatment Works
Applicability to
Landfill Gas Projects
Some LFGTE 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 waste-
water, which is generated from system maintenance and cooling tower blowdown,
into the sanitary sewer system or to ground water.
Agency Contact
Local Department of Ecology Regional Office, Water Quality Program (see Appendix
A for a list of regional contacts).
Description
State Waste Discharge permits regulate the discharge or disposal of (1) industrial, com-
mercial, or municipal waste material into the state's groundwaters, (2) the discharge of
industrial or commercial wastes into municipal sanitary sewer systems, and (3) use of
water reclaimed from sewage treatment plants. Permits place limits on the quality and
concentrations of contaminants that may be discharged. To ensure compliance with these
limits, permits require wastewater treatment or impose other operational conditions. Limits
are based upon the use of all, known, available, and reasonable treatment (AKART).
Statute/Regulation
Statutory Authority: Chapters 90.48; 90.52; 90.54 RCW
Regulations: Chapters 173-216 (State permit system); 173-240 (Engineering Reports);
173-200 (Groundwater quality standards); 173-224 (Fees) WAG.
Information
Required/Suggestions
The permit application requires information on water supply volumes; water utilization;
wastewater flow, characteristics and disposal methods; planned improvements;
stormwater treatment; plant operation; materials and chemicals used; production; and
other relevant information including, when appropriate, an engineering report under
chapters 173-240 WAG.
Application Process
The Department of Ecology Regional Office, Water Quality Program supplies state waste
discharge permit application forms.
Review Process
The Department of Ecology reviews the state discharge application and prepares a draft
permit and fact sheet for public comment.
Review/Approval
Period
In general, permits are issued within 90 to 180 days after the Department of Ecology
receives a complete application. More complex permits may take longer. State permit
applications automatically become temporary permits 60 days after the application is
formally accepted by the Department of Ecology.
Fees
Annual fees charged for NPDES permits vary depending on size, complexity,
and/or type of facility. For new landfills discharging treated leachate to surface water
(not stormwater), fees range from $8,000 (<50 acres) to $30,000 (>250 acres).
22
Landfill Gas Projects in Washington
-------
Table 2.11
Permit to Withdraw or Divert Surface or Ground Water
Water Use Permit and Certificate of Water Right
Applicability to
Landfill Gas Projects
If the landfill is not connected to a municipal water system, and the withdrawal rate is
greater than 5,000 gallons per day, a permit to withdraw groundwater or surface
water is needed for the LFGTE project.
Agency Contact
Department of Ecology Regional Office, Water Resources Program (See Appendix A
for specific information).
Description
The Department of Ecology regulates the withdrawal of water from surface and
ground sources.
Statute/Regulation
Statutory Authority: Chapters 18.104; 43.27A; 90.03; 90.14; 90.16; 90.44; 90.54 RCW
Regulations: Chapters 173-100 (Groundwater Management Areas); 173-150 (Protection
of Withdrawal Facilities Associated with Groundwater Rights); 173-160 (Minimum
Standards of Well Construction and Maintenance of Water Wells); 173-162 (Regulation
and Licensing of Water Well Contractors and Operators); 508-12 (Administration of
Surface and Groundwater Codes) WAG.
Information
Required/Suggestions
Information required for a permit to use water includes the source of the water sup-
ply; the nature and amount of proposed use; how the water will be used; the exact
location of the point of diversion or withdrawal; a legal description of the property on
which the water is to be used; the signature of the legal landowner; a description of
the proposed water system; a map showing source of supply, point of diversion, tie to
a legal land corner, and general plan of proposed developments; date construction
will be complete; and the date of complete application of water to beneficial use.
Application Process
Contact the Regional Offices for information.
Review Process
Processing of a permit to use water varies depending on project complexity. Public
notice is required for applications. To the extent that water is used under the terms of
the permit, a water right is established and a Certificate of Water Right is issued to doc-
ument the water right. Criteria used in issuance include: (1) water availability, (2) benefi-
cial aspects, (3) other users not unduly impacted, and (4) the public interest is served.
Review/Approval
Period
Contact the Regional Offices for information; timing will be somewhat dependent on
the SEPA process.
Fees
Claim: $2
Application: Vanes depending on the amount of water; $10 minimum.
Permit: Varies depending on intended use of water; $10 minimum.
Certificate Recording: $11 with the county auditor.
A Primer on Developing Washington's Landfill Gas-to-Energy Potential
23
-------
3. Overview of Local Standards and Permits
Within the framework of federal and state regulation, local governments will have some jurisdiction over
LFGTE 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 LFGTE 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 infor-
mation about applicable permits and to discuss your plans. Meeting with agency staff to
discuss the Landfill Gas project and required permits often helps to expedite the permit-
ting process.
Step 3 Obtain essential information regarding each permit, including:
information 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.
Typical Local Permits
The table on the following page provides typical local permits and approvals required for
LFGTE projects:
24 Landfill Gas Projects in Washington
-------
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.
Atypical building permit application may require detailed final plans for structures,
including electrical and plumbing plans, floor layout, sewage facilities, storm water
drainage plan, size and shape of lot and buildings, setback of buildings from proper-
ty 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
Use Most communities have a zoning and land use plan that identifies where differ-
ent 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.
Storm Water
Management
Some local public works departments require a permit for discharges during
construction and operation of a LFGTE 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 LFGTE 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 LFGTE 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 onsite or offsite 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.
A Primer on Developing Washington's Landfill Gas-to-Energy Potential
25
-------
Table 3.2
Local Permits for the State of Washington
Permit Type
Description
Contact Agency
Local Issue
Building Permit
The construction of a Local city or county office
permanent building
or an addition to an
existing facility
requires a permit.
Addresses any building
specifications that are
pertinent to that area.
In Washington state
applicants need to
provide proof of an
adequate supply of
potable water.
Conditional Use
Permit
Certain land use
activities require a
permit. The permit
process is used to
consider special
conditions on a
development.
Local city or county office
Conditional uses are
land use activities
that are subject to
public hearing.
Noise Ordinances
Noise abatement and
control is the role of
local government,
and many local enti-
ties have adopted
noise ordinances.
Local Government, Local Planning
Department
Chapter 173-60 WAG
establishes noise
maximum levels that
cannot legally be
exceeded.
26
Landfill Gas Projects in Washington
-------
Part 2: Incentive Programs
Overview of Federal Incentive Programs
There are three federal incentive programs that may apply to LFGTE projects: the Section 29 Tax Credit,
the Renewable Energy Production Incentive (REPI), and the Qualifying Facilities (QF) Certification. Each
program is described below.
1.1 Section 29 Tax Credit
Developers of LFGTE 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, pro-
ject 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 2003.6 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
National Renewable Energy Laboratory
Golden Field Office
Golden, Colorado 80403
(303) 275-4706
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
A Primer on Developing Washington's Landfill Gas-to-Energy Potential
27
-------
1.3 Qualifying Facilities Certification
LFGTE 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 bene-
fits 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 LFGTE 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, exemp-
tions, 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
28 Landfill Gas Projects in Washington
-------
State Incentive Programs
2.1 State Implementation of PURPA
The Washington Utilities and Transportation (WUTC) promulgated rules for determining rates, terms, and
conditions governing the purchases of electricity from qualifying facilities and independent power produc-
ers by electric utilities. These rules are intended to provide an opportunity for generating resources to
compete on a fair and reasonable basis to fulfill a utility's new resource needs. These rules are consistent
with the provisions of the Public Utility Regulatory Act of 1978 (PURPA).
For further information, contact:
Jeffrey Showman
Utilities and Transportation Commission
P.O. Box 4250
Olympia, WA 98504-4250
(360) 586-1196
2.2 Regional Bioenergy Program
The Pacific Northwest and Alaska Regional Bioenergy Program is funded by the U.S. Department of
Energy. The purpose of this program is to expand the use of biomass energy within this region, empha-
sizing cost-effective, environmentally sound options. One goal of the program is to demonstrate the tech-
nical and economic feasibility of new and emerging bioenergy applications through technology develop-
ment and demonstration activities. Cost-shared funding of innovative LFGTE projects is available from the
program.
For further information, contact:
Jeffrey James
Seattle Support Office
Department of Energy
800 5th Avenue, Suite 3950
Seattle, WA 98104
(206) 553-2079
A Primer on Developing Washington's Landfill Gas-to-Energy Potential 29
-------
Appendix A: State Contacts
State Agency Contacts
Washington Department of Ecology
The Washington Department of Ecology (WDOE) is the state's environmental management and protection
agency. The WDOE is responsible for ensuring that air, water, and related land resources of the state. The pur-
pose of the WDOE is to balance the needs of the people of the state of Washington and the need to provide for
increasing industry, agriculture, residential, social, recreational, economic, and other needs while ensuring that
Washington's natural resources are used in a manner that will protect and conserve clean air, waters, and the
natural beauty of the state.
Department of Ecology Headquarters
Department of Ecology Headquarters
P.O. Box 47600
Olympia, Washington 98504-7600
Phone: (360) 407-6000
Fax: (360) 407-6989
Eastern Regional Office
(Adams, Columbia, Ferry, Franklin, Garfield, Grant,
Lincoln, Pend Oreille, Spokane, Stevens, Walla Walla,
Whitman counties)
North 4601 Monroe, Suite 100
Spokane, Washington 99205-1295
Phone: (509) 456-2926
Fax: (509) 456-6175
Northwest Regional Office
(Island, King, Kitsap, San Juan, Skagit, Snohomish,
and Whatcom counties)
3190 - 160th Avenue, SE
Bellevue, Washington 98008-5452
Phone: (206) 649-7000
Fax: (206) 649-7089
Southwest Regional Office
(Clallam, Clark, Cowlitz, Grays Harbor, Jefferson, Lewis,
Mason, Pacific, Skamania, Thurston, Wahkiakum coun-
ties)
P.O. Box 47775
Olympia, Washington 98504-7775
Phone: (360) 407-6300
Fax: (360) 407 6305
Central Regional Office
(Benton, Chelan, Douglas, Kittitas, Klickitat, Okanogan,
and Yakima counties)
15 West Yakima Ave, Suite 200
Yakima, Washington 98902-3401
Phone: (509) 575-2490
Fax: (509) 575-2809
Permit Information Center (PIC)
PIC is a centralized statewide environmental permit
information service that provides information on state
environmental permits, public notice requirements, pro-
cessing time, and appeal procedures as well as infor-
mation on federal and local permits. The PIC can also
identify the agencies involved and their locations as
well as assemble a Permit Application Packet, tailored
to the specific needs of a project.
P.O. Box 47600
Olympia, Washington 98504-7600
Phone: (360) 407-7037
Fax: (360) 407-6902
30
Landfill Gas Projects in Washington
-------
Air Quality Contacts
Western Washington
Northwest Air Pollution Authority
(Island, Skagit, and Whatcom counties)
Air Pollution Control Officer
302 Pine Street, Suite 207
Mount Vernon, Washington 98273-3852
Phone: (360) 428-1617
1-800-622-4627 (Island & Whatcom Counties)
Northwest Regional Office/Air Quality
Program/Department of Ecology
(San Juan County)
3190 - 160th Avenue, SE
Bellevue, Washington 98008-5452
Phone: (206) 649-7082
Fax: (206) 649-7098
Olympic Air Pollution Control Authority
(Clallam, Grays Harbor, Jefferson, Mason, Pacific,
and Thurston counties)
Air Pollution Control Officer
909 Sleater-Kinney Road SE, Suite 1
Lacey, Washington 98503-1128
Phone: (360) 438-8768, 1-800-422-5623
Fax: (360)491-6308
Puget Sound Air Pollution Control Agency
(King, Kitsap, Pierce, and Snohomish counties)
Air Pollution Control Officer
110 Union Street, Suite 500
Seattle, Washington 98101-2038
Phone: (206) 343-8800, 1-800-552-3565
Fax: (206) 491-6828
Southwest Air Pollution Control Authority
(Clark, Cowlitz, Lewis, Skamania, and
Wahkiakum counties)
Air Pollution Control Officer
1308 N.E. 134th Street, Suite D
Vancouver, Washington 98685-2747
Phone: (360) 574-3058, 1-800-633-0709
Fax: (360) 576-0925
Eastern Washington
Benton County Clean Air Authority
Air Pollution Control Officer
650 George Washington Way
Richland, Washington 99352
Phone: (509) 943-3396
Fax: (509) 943-0505
Department of Ecology/Air Quality Program/
Central Regional Office
(Chelan, Douglas, Kittitas, Klickitat, and
Okanogan counties)
15 West Yakima Avenue, Suite 200
Yakima, Washington 98902-3401
Phone: (509) 575-2486
Fax: (509) 575-2809
Department of Ecology/Air Quality Program/
Eastern Regional Office
(Adams, Asotin, Columbia, Ferry, Franklin, Garfield,
Grant, Lincoln, Pend Oreille, Stevens, Walla Walla, and
Whitman counties)
North 4601 Monroe, Suite 100
Spokane, Washington 99205-1295
Phone: (509) 456-3284
Fax: (509) 456-6175
Spokane County Air Pollution Control Authority
Air Quality Control Officer
West 1101 College Avenue, Suite 403
Spokane, Washington 99201
Phone: (509) 456-4727
Fax: (509 459-6828
Yakima County Clean Air Authority
Air Pollution Control Officer
6 - S. 2nd Street, Room 1016
Yakima, Washington 98901
Phone: (509) 575-4116
Fax: (509) 575-6954
A Primer on Developing Washington's Landfill Gas-to-Energy Potential
31
-------
-------
-------
------- |