Lori Ann Phillips, P.E. joins Richardson Smith Gardner and Associates, Inc.

New hire grows RSG’s expertise in air quality and landfill gas services.

RALEIGH, NC -- An engineer with diverse air quality compliance experience has joined Raleigh-based solid waste engineering and consulting firm Richardson Smith Gardner & Associates, Inc. (RSG).

Lori Ann Phillips, P.E., who has managed environmental and air quality issues for public and private facilities, has been named Project Engineer at RSG, which is celebrating its 20th anniversary this year.

Ms. Phillips is the latest hire to help further RSG’s commitment to the development and application of innovative technologies in the area of solid waste management. Ms. Phillips will be a key member of a team that will advise clients about permitting and compliance issues related to air emissions.

“We are pleased to offer the talents of an engineer such as Lori to our clients seeking practical, cost-effective solutions that address the typically sensitive issues surrounding air emissions,” said RSG President, Stacey Smith, P.E. “Her extensive, previous experience in dealing with these issues will help us tailor solutions that can substantially reduce the impact of landfill gases for our client base.”

Ms. Phillips most recently was a permit engineer for the N.C. Department of Environment and Natural Resources, reviewing air permit applications for the department’s Division of Air Quality. Previous experiences in similar roles with Arcadis and with Progress Energy, as well as a research role at N.C. State University, round out Ms. Phillips impressive resume.

“I look forward to preparing our clients to face the myriad issues associated with air quality compliance and permitting,” said Ms. Phillips. “I am excited about joining the RSG team, and being a part of RSG’s commitment to innovative approaches to solid waste solutions.”

Ms. Phillips’ commitment to air quality began while still an engineering student at Wilkes University, where she was student chapter president of the Air and Waste Management Association, an organization in which she is still active. She also holds a Masters Degree in Civil Engineering from N.C. State and recently earned her Professional Engineer’s license.

For More Information Contact:

Mr. Stacey A. Smith, P.E.
President
Richardson Smith Gardner & Associates, Inc.
http://www.rsgengineers.com/
(919) 828-0577, ext. 127
stacey@rsgengineers.com

Financial Assurance for Corrective Action at Landfills - House Bill 209

On March 1, 2011, House Bill 209 (HB 209) was introduced by primary sponsors, Representatives Dan Ingle (District 64 – Alamance County) and Mitch Gillespie (District 85 – Burke and McDowell Counties). The proposed bill, if adopted, will amend certain financial assurance requirements for sanitary landfills sanctioned by Session Law 2007-550 (Senate Bill 1492).

As ratified, SB 1492 placed additional requirements for new and existing landfill facilities. One of these requirements directed the owners or operators of sanitary landfills to establish financial assurance in the amount of three million dollars (minimum) to cover the potential assessment and corrective action costs. Local governments and solid waste authorities could fulfill this prerequisite by satisfying the local government financial tests or by committing a capital reserve fund. However, this legislation did not provide any alternatives for privately held facilities to comply with this financial obligation.

As currently transcribed, HB 209 proposes to reduce the financial assurance obligation to two million dollars and sets forth provisions to allow the owners and operators of landfills permitted on or before August 1, 2009 means to satisfy the financial assurance commitment through the development of a trust fund under the following provisions:

• The trustee shall be an entity which has the authority to act as a trustee and trust operations are regulated and examined by a State or Federal agency;

• A copy of the trust agreement shall be placed in the facility’s operating records;

• Payment into the trust fund shall be made annually by the owner or operator over a period not to exceed five years;

• Payment into the fund shall be made in equal annual installment amounts;

• The trust fund may be terminated by the owner or operator only of the owner or operator establishes financial assurances by another means; and

• The trust agreement shall be accompanied by formal certification of acknowledgement

HB 209 passed the first reading in the House on March 3, 2011 and was referred to the House Committee on the Environment which met to discuss the merits of the provisions on May 26, 2011. The bill was passed by the committee and will move on to the floor.

The General Assembly’s 2011 regular session’s cross over date is June 9, 2011. If the provisions of HB 209 are to be enacted, a companion bill in the Senate may need to be introduced and all actions or modifications adjusted by any of the reviewing legislative committees have to be approved by both houses of the General Assembly prior to ratification.

A copy of House Bill 2009 can be found at: http://www.ncga.state.nc.us/Sessions/2011/Bills/House/HTML/H209v1.html

The primary sponsors of the bill may be reached at the following contact information:

Rep. Dan Ingle
Dan.Ingle@ncleg.net
(919) 733-5905

Rep. Mitch Gillespie
Mitch.Gillespie@ncleg.net
(919) 733-5862

RSG will continue to monitor this important legislation and will provide updates as appropriate.

EPA Extends the Deadline for 2010 Greenhouse Gas Emissions Reporting

In a press release issued earlier today, EPA has announced that it is extending the deadline for reporting of 2010 Greenhouse Gas (GHG) emissions under 40 CFR Part 98 beyond the original due date of March 31, 2011. This extension will provide EPA with sufficient time to develop and implement the electronic Greenhouse Gas Reporting Tool (e-GGRT), which is required to report emissions. Originally scheduled for release in late February or early March, the press release now states that EPA “plans to have the final electronic reporting tool available in late summer”. No revised reporting deadline was given, although it will presumably follow the release of the reporting tool, in late summer or early fall of 2011.

The entire press release and associated information is available from the EPA at http://www.epa.gov/climatechange/emissions/extension.html.

Jeri Covington joins Richardson Smith Gardner and Associates, Inc.

New hire bolsters RSG’s expertise in reducing the cost of solid waste management for municipalities

RALEIGH, N.C. – (January 18, 2011) - The solid waste engineering and consulting firm Richardson Smith Gardner & Associates, Inc. (RSG) has hired Jeryl Covington, P.E., the 11-year director of environmental services for the City of Greensboro, North Carolina.

RSG has been lowering solid waste disposal costs by developing and applying innovating technologies since it started in 1991. Now with the addition of Covington, the company says it can advise municipalities and companies about improvements to the business side of solid waste operations. “Because of her role in Greensboro, Jeri has dealt with as many challenges as anyone in the state,” says RSG President Stacey Smith, P.E. “She brings knowledge of day-to-day operations that we can’t necessarily see as “outside” engineers. This improves our ability to offer solutions that help solid waste groups accomplish their goals.”

As a project manager at RSG, Covington will help organizations optimize their waste management programs by evaluating waste streams and costs. “I empathize with clients and will target the development of strategies and products that are really useful and efficient and meet their budget needs,” says Covington

During her tenure with the City of Greensboro, she oversaw everything from budgets and environmental compliance to site selection for a new landfill/transfer station and trash collection from more than 65,000 households. Covington says, “I’ve been in the operator’s seat. I’ve looked at budgets. I’ve looked at duct-taped equipment. I can help clients figure out how to make it all work."

Covington has worked in the public and private sector since she graduated from North Carolina State University with a degree in civil engineering.

Covington is passionate about supporting the industry, lending her leadership and knowledge to a wide range of organizations. She’s on the board of directors for the Solid Waste Association of North America, serving as chapter president in 2007 and 2009. She’s also on the board of the Sustainability Council’s Public Technologies Institute. Smith says, “We’re pleased to be able expand our services by hiring Jeri, because she has such a strong reputation among her peers as well as state agencies.

In the past she’s served on the board of the National Association of Local Government Environmental Professionals, American Society of Civil Engineers, the Engineering Technology Advisory Board for Guilford Technical Community College and the board of the Communities in School of Greensboro.

For More Information Contact:

Mr. Stacey A. Smith, P.E.
President, RSG
(919) 828-0577, ext. 127
stacey@rsgengineers.com

GHG Permitting for Landfills put on Hold

According to a press release issued by the U.S. EPA on January 12, 2011, EPA is deferring greenhouse gas (GHG) permitting requirements for carbon dioxide (CO2) emissions from biomass-fired and other biogenic sources, including landfills.  EPA plans to complete a rulemaking in July 2011 that will defer permitting of CO2 emissions from these sources for three years.  During this time, EPA will consider the more than 7,000 comments received during July 2010, including whether burning of biomass results in a net increase in CO2 emissions.

EPA also plans to issue guidance to state and local permitting agencies that, during the three-year deferral period, the use of biomass as fuel, including landfill gas, constitutes Best Available Control Technology for GHG emissions.

Setting Government Straight Public Comment Period

Governor Perdue seeking feedback from counties on regulatory reform


Governor Beverly Perdue has initiated a Regulatory Review process aimed at reviewing the thousands of government regulations and rules that have been implemented by various state agencies and regulatory commissions. At a press conference Thursday in Chatham County, Governor Perdue announced her Setting Government Straight initiative and invited the comments of NCACC First Vice President Kenneth Edge of Cumberland County and Chatham County Commissioner George Lucier to give the county perspective.

Governor Perdue is specifically seeking feedback from counties about any rules, regulations and requirements that do not make common sense. As part of this process, the Governor has instructed all of her cabinet agencies to stop creating new rules unless they are absolutely necessary and justifiable, until a thorough review can be completed.

Governor Perdue wants to hear from you about specific examples of how state government and local government intersect in areas such as the departments of Environment and Natural Resources, Commerce, Health and Human Services, and Transportation. The governor’s team is looking for specific examples of how these interactions can be streamlined for better efficiency and cost-savings.

Governor Perdue has created a Web site to solicit feedback. This is a great opportunity for our counties to highlight some real-world examples of redundant and ineffective state regulations that impede county service delivery.   The website address for comment is:
http://www.governor.state.nc.us/forms/setGovernmentStraight.aspx/

Proposed Solid Waste Management Rule Changes

NCDENR has released proposed rule changes for North Carolina solid waste facilities. These rule changes address several points which include:

• The disposal of untreated wood at Land Clearing and Inert Debris (LCID) facilities (15A NCAC 13B.0101 & 0563);
• Clarification of critical language regarding leachate releases (15A NCAC 13B.1604 & .1626); and
• Removal of the requirement to perform statistical analysis on groundwater monitoring data (15A NCAC 13B.1632 - .1635, & .1637).

The proposed rule changes can be viewed in full at the following:

http://www.oah.state.nc.us/rules/register/Volume25Issue4August162010.pdf

The comment period for these proposed rule changes ends on October 15th. Comments can be sent to:

Ellen Lorschieder
NCDENR – Division of Waste Mgt – Solid Waste Section
Planning and Programs Branch Head
1646 Mail Service Center
Raleigh, NC 27699-1646

E-mail: Ellen.lorscheider@ncdenr.gov
Phone (919) 508-8400

A brief summary of the proposed changes and their potential impact to landfills in NC is provided below.

Untreated Wood in LCID Landfills -15A NCAC 13B.0101, & .0563

The proposed rule changes remove untreated wood as a waste that can be accepted at LCID landfills. This proposed rule change is explained by NCDENR as being necessary due to the numerous markets for recycling untreated wood. The reason for the proposed rule change further states that since most untreated wood is comingled with treated wood, paint and other construction and demolition debris, this waste can become contaminated by these other wastes and thus may pose an environmental threat due to the origin of generation.

Potential Impact to Solid Waste Facilities

Untreated wood will no longer be accepted at LCID facilities and must either go to a C&D facility or be recycled at the source.

Leachate Release Definition – 15A NCAC 13B.1604 & .1626

The proposed rule change changes the definition of a leachate release from “from the permitted facility” to “outside the liner, collection system or other containment component”. This defines a leachate release as any release that migrates beyond the liner or leachate collection system (effectively anywhere outside the landfill anchor trench). NCDENR provides the reason that this rule change is proposed is to eliminate ambiguous wording, and to prevent any leachate release from outside the landfill liner system due to a potential for environmental impact.

Potential Impact to Solid Waste Facilities

Any leachate seep or release of leachate that is discovered outside the leachate collection system of the landfill will be against the law and the site will be subject to Notice of Violation and potential fines.

Removal of Statistical Analysis Requirement – 15A NCAC 13B.1632 - .1635 & .1637

This proposed rule change removes the requirement for statistical analysis of groundwater monitoring data and relies solely upon groundwater standards (15A NCAC 2L.0200) and Interim Maximum Allowable Concentrations (IMACs) for a determination if groundwater has been impacted by a facility. This is proposed due to the redundancy of the statistical analysis with the groundwater standards that NC already had in place at the time of adoption of Subtitle-D.

Additionally, the proposed rule changes include a revision to the section regarding completion of groundwater remediation. Previously, this section outlined that compliance with groundwater standards after a remedial action could be achieved through statistical analysis indicating no statistical increases over a period of three years. The proposed change removes the statistical analysis requirement and indicates that compliance may be achieved through no exceedance of groundwater protection standards over three years.

Potential Impact to Solid Waste Facilities

The good news is that this will potentially reduce regular groundwater monitoring costs for landfills where statistical analyses are currently required (MSW landfills). For naturally occurring constituents, some landfills may want to continue using statistical analysis in order to show that the naturally occurring concentrations are not increasing due to impact from the landfill. 

The bad news is that removal of the guidance for statistical analysis may unintentionally create more confusion about how statistical analysis should be performed.  Additionally, clarification regarding whether additional Alternate Source Demonstrations will be required for naturally occurrring constituents is needed.  If additional ASD reports will be required, any savings by limiting statistical analysis will be lost in the generation of these additional reports.

If you have any questions as to how these rule changes may affect your particular facility, please e-mail Joan Smyth, P.G. (Joan@RSGengineers.com) or Pieter Scheer, P.E. (Pieter@RSGengineers.com) or phone: (919) 828-0577.