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.


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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

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 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

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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

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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      \ \ \

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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

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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

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 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

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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.

           • Capacity—maximum design capacity greater than  or equal to  2.5 million Mg (or 2.5 million cubic
            meters)."!

           • Emissions—annual 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

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    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

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       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

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           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

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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

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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.
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Landfill Gas Projects in Washington

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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)
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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
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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
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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.
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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.
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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
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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.
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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
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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).
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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.
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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.
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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.
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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).
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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
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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.
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 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

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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
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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

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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
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                                      27

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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

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       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

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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

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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
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