Landfills

Chrin Landfill Agrees to Pay $114,00 DEP Fine for Odor & Air Violations

DEP Logo copy Chrin Brothers Sanitary Landfill has agreed to pay a $114,000 fine to the Pa. Department of Environmental Protection for odor, air pollution and waste management violations, according to an article in the Express-Times (Easton, PA).  It also agreed to withdraw an appeal of the fine which had been pending before the state Environmental Hearing Board. (We reported that appeal in our post of January 31.) In addition to paying the fine, Chrin also agreed to improve its waste and odor management practices. According to the article by reporter Colin McEvoy, "Chrin said the landfill will adopt new off-site odor-minimization procedures and implement twice-daily patrols to monitor the landfill perimeter for potential odors. The company will also instruct its haulers on proper management of particularly odorous loads to avoid problems during disposal, he said, and will deploy a rapid-response team to inspect those loads whenever they are accepted."  Chrin also agreed to give up any further appeal rights.

EPA Issues Final Rule "Tailoring" Permit Requirements for Greenhouse Gas Emissions

On May 13, 2010 EPA took one more regulatory action to address climate change and greenhouse gas (GHG) emissions, by issuing its final rule setting thresholds for GHG emissions that define when permits are required under the major EPA programs for stationary sources. These include the New Source Review Prevention of Significant Deterioration (PSD) and title V Operating Permit programs.

First Step (January 2, 2011–June 30, 2011). In the first step of this three-step rule, for the first 18 months, only sources currently subject to the PSD permitting program (i.e., those that are newly-constructed or modified in a way that significantly increases emissions of a pollutant other than GHGs) would be subject to permitting requirements for their GHG emissions under PSD. Projects with GHG increases of 75,000 tpy or more of total GHG, on a CO2e basis, would need to determine the Best Available Control Technology (BACT) for their GHG emissions. Similarly for the operating permit program, only sources currently subject to the program (i.e., newly constructed or existing major sources for a pollutant other than GHGs) would be subject to title V requirements for GHG.

Second Step (July 1, 2011 to June 30, 2013). Next, PSD permit requirements will cover for the first time new construction projects that emit GHG emissions of at least 100,000 tpy even if they do not exceed the permitting thresholds for any other pollutant. Modifications at existing facilities that increase GHG emissions by at least 75,000 tpy will be subject to permitting requirements, even if they do not significantly increase emissions of any other pollutant.  Similarly, operating permit requirements will apply to sources based on their GHG emissions even if they would not apply based on emissions of any other pollutant. Facilities that emit at least 100,000 tpy CO2e will be subject to title V permit requirements.  First-time Title V permittees are likely to be solid waste landfills and industrial manufacturers.

Third Step.  EPA commits to another rulemaking, to begin in 2011 and conclude no later than July 1, 2012. That action will take comment on an additional step for phasing in GHG permitting, and may discuss whether certain smaller sources can be permanently excluded from permitting. EPA also plans to explore a range of opportunities to reduce permit burdens and to streamline permitting actions.

A copy of the EPA fact sheet is available at: http://www.epa.gov/nsr/documents/20100413fs.pdf

A copy of the final rule (515 pp.) is available at: http://www.epa.gov/nsr/documents/20100413final.pdf

Chrin Brothers Landfill Appeals PADEP Fine for Air and Waste Violations

PA Coat of Arms UPDATE:  Chrin Brothers has agreed to withdraw its appeal and to pay a fine of $114,000 and undertake new measures to minimize odors and air pollution problems. See our September 20, 2011 post.

Chrin Brothers, Inc. has appealed the December 28, 2009 fine of $187,500 imposed by the Pennsylvania Department of Environmental Protection (PADEP) for air pollution and waste management violations at its landfill. See our post of December 28, 2009 for more details on the landfill facility and the PADEP fine. As we noted in our post, appeals of PADEP civil penalty assessments are filed with the Environmental Hearing Board ("EHB"). 

Detailed information about the Chrin Landfill appeal can be followed at the EHB website case information page and the docket sheet for the appeal. Standard scheduling orders have been issued in the case.

PADEP Grants Chrin Landfill 10-Year Permit Renewal; Imposes Fine and New Conditions

Chrin landfill  The Pennsylvania Department of Environmental Protection (PADEP) granted Chrin Brothers landfill in Williams Township, Pennsylvania a 10-year renewal of its municipal waste landfill permit, according to an Express-Times (Easton, PA) newspaper article linked here.  While granting the landfill a renewal of its operating permit, DEP also imposed a $187,500 fine for prior violations for off-site odors, nuisance minimization problems and insufficient landfill gas management. PADEP also imposed additional permit conditions, including the requirement to install temporary capping measures that will cover about 60 percent of the landfill within two years. The PADEP facility eFACTS file on the landfill can be viewed by clicking here. The file includes permit information, history of inspections and violations, and other pertinent data.  

The PADEP's decision renewing the permit and imposing the fine and additional conditions can be appealed to the Pa. Environmental Hearing Board.

UPDATE:  Chrin Brothers, Inc. has appealed the PADEP fine to the Pa. Environmental Hearing Board.   For more information, see our post of January 31, 2010.