NYSDEC Begins Enforcement of New Revisions to Dam Safety Regs
By Anthony P. DaRin, P.E.

Last summer, the New York State Department of Environmental Conservation adopted revisions to the state’s dam safety regulations. The revisions emphasize and detail the responsibilities of dam owners to keep these structures in a safe condition. With these revisions, the NYSDEC sent letters in December to Class B (Intermediate Hazard) and Class C (High Hazard) dam owners notifying the owners of upcoming requirements to maintain regulatory compliance, including:

• Owners of Class B, Intermediate Hazard, and Class C, High Hazard, dams are required to submit an Annual Certification to DEC by January 31, 2010, and annually thereafter.

• Class C dam owners must have an Emergency Action Plan prepared by a Professional Engineer and submit the plan to DEC by August 19, 2010. These plans determine a potential area that would be affected should failure of the dam occur. The plan will outline a series of steps that would be taken should conditions occur that would jeopardize the integrity of the dam. Class B owners must have this plan prepared and submitted by August 19, 2011. Both classes must submit annual updates to DEC thereafter and be reviewed yearly in accordance with the Annual Certification.

• Both classes are required to develop and implement an Inspection and Maintenance Plan by August 19, 2010. This plan will include the day-to-day operations of the dam as well as highlighting periodic maintenance items to extend the life of the dam. This plan is not submitted to the NYSDEC, but the owner of the dam must certify to the implementation of the plan in the Annual Certification.

• Both classes are required to have a Safety Inspection conducted by a Professional Engineer on a regular schedule as defined in the Inspection and Maintenance Plan (this is not submitted to the DEC unless requested).

• Class C owners are required to have an Engineering Assessment (EA) conducted by a Professional Engineer and submit the Report to DEC every 10 years. These assessments evaluate the condition and integrity of the dam. Some of the components of the assessment include hydraulic capacity, structural stability, and an overall condition evaluation of the structure. The first EA of a "Large" Class C dam is due by August 19, 2012, the first EA of a "Small" Class C dam is due by August 19, 2014.

While these revisions have increased the accountability on communities, they should result in improvements to preventive maintenance and increased safety of the structures.

Tony DaRin is an Associate in B&L’s Transportation Group.  He oversees dam, bridge, and highway design projects for B&L and has extensive experience in Construction Management.  You can reach Tony at 315-457-5200, or adarin@bartonandloguidice.com.

Large Emitters of Greenhouse Gases Subject to Clean Air Act
By Jeffrey J. Reed, P.E.

On April 2, 2007 the Supreme Court ruled that greenhouse gases (GHGs), including carbon dioxide, are air pollutants covered by the Clean Air Act. In response to the Court's decision, the U.S. Environmental Protection Agency (EPA) recently issued a final rule for the Mandatory Reporting of Greenhouse Gases from large GHG emission sources codified as 40 CFR Part 98.

Two common GHG emitters subject to this new rule include Municipal Solid Waste (MSW) Landfills (Subpart HH) and General Stationary Fuel Combustion Sources (Subpart C).

MSW Landfills

• MSW landfills subject to the new rule are those landfills that have accepted waste since January 1, 1980, and generate methane in amounts equivalent to 25,000 metric tons of CO₂e or more per year. Equivalent CO₂ (CO₂e) is defined as the concentration of CO₂ that would cause the same level of radiative forcing as a given type and concentration of greenhouse gas. In landfill gas terms, 25,000 metric tons of CO₂e is approximately equal to 250 SCFM of landfill gas generation (assuming 50 percent methane).
  
  
• The reporting threshold for landfills is based solely on landfill gas generation, so landfills that freely vent landfill gas and those that collect and control landfill gas are both covered under the rule. Landfills with as little as 350,000 metric tons (385,000 tons) could be subject to the rule.
  
  
• Closed landfills may also be subject to the rule depending on landfill gas generation and total waste in place. Landfills must also report emissions from stationary fuel combustion sources. Landfills subject to the rule are required to maintain records of annual waste placement at a minimum.
  
  
• Landfills with active landfill gas collection and control systems are also required to monitor landfill gas flow, methane quality and other landfill gas constituents with calibrated monitoring equipment specifically approved in the rule.
  

Stationary Fuel Combustion Sources

• General Stationary Fuel Combustion Sources are devices that combust solid, liquid, or gaseous fuels, and include, but are not limited to, boilers, turbines, engines, incinerators and process heaters. The rule exempts emissions from flares, portable combustion sources, and certain emergency equipment.
  
  
• Facilities with an aggregate maximum rated heat input capacity of 30 mmBTU/hr or greater from stationary fuel combustion units and emitting at least 25,000 metric tons of carbon dioxide equivalent (CO2e) per year are subject to the rule.   These facilities were required to begin the specified monitoring on January 1, 2010. 
  

GHG Monitoring Requirements

• As part of the monitoring requirements, each subject facility is required to develop a written GHG Monitoring Plan detailing site specific recordkeeping requirements including monitoring data, emission calculations, process information, and equipment calibrations. Stationary fuel combustion sources subject to the rule are required to monitor and report methane, carbon dioxide, and nitrous oxide emissions. The written GHG Monitoring Plan must be prepared and implemented no later than March 31, 2010. The first GHG Emissions Report for monitoring year 2010 is due to EPA by March 31, 2011.
  
  

B&L is available to apply our knowledge of this new rule to assist your facility with establishing a GHG monitoring and reporting program to ensure that your facility maintains compliance with the requirements of this new rule. 

For more information, contact Jeff Reed at 315-457-5200 or jreed@bartonandloguidice.com.

Climate Smart Communities Reduce Greenhouse Gas Emissions
By Jeffrey J. Reed, P.E.

The New York State Department of Environmental Conservation has initiated the Climate Smart Communities program, a partnership of state and local governments whose goal is to combat climate change. The program recognizes those communities who have pledged to inventory and reduce greenhouse gas emissions; decrease energy demand and encourage renewable energy for local government operations; expand recycling, reuse, and composting; utilize sound land use planning; and support green innovation.

73 New York communities already made the Climate Smart pledge. The starting point for these communities is to develop a baseline Greenhouse Gas (GHG) Inventory.

Most of New York’s local governments are using a protocol developed specifically for local governments by ICLEI - Local Governments for Sustainability, and The Climate Registry. These guidelines enable communities to quantify reductions in GHG emissions and address inefficiencies in their equipment, facilities, and processes. They may also help communities prepare for the potential impact of anticipated climate change regulations.

Local governments can choose to inventory emissions from government operations only, or to include other community GHG sources. Communities can also join together to create regional inventories. The three tiers of analysis include:

• Government operations inventories assess emissions from all of the operations that a local government owns or controls such as town halls, libraries, landfills, water and wastewater treatment facilities, streetlights and traffic signals, and equipment such as maintenance and transit fleets.

• Community-level inventories include emissions from all community activities within the local government's jurisdiction, such as energy, transportation, agricultural, industrial, and waste. A community-wide inventory is a useful planning tool in developing mitigation actions for the entire community.

• Regional inventories include emissions from multiple communities. Local governments may join with other communities in the area to create a regional inventory. This option can be valuable for small communities that may not have the capacity or resources to conduct inventories individually.

Typically, emissions of the six internationally-recognized greenhouse gases regulated under the Kyoto Protocol are inventoried:

• Carbon dioxide (CO₂)

• Methane (CH₄)

• Nitrous oxide (N₂O)

• Hydrofluorocarbons (HFCs)

• Perfluorocarbons (PFCs)

• Sulfur hexafluoride (SF₆)

In general terms, emissions are measured by compiling activity data - fuel consumption by fuel type, metered energy consumption, vehicle mileage, etc.- and calculated against predetermined emission factors which are usually expressed in terms of emissions/energy used (i.e., lbs of CO₂/kWh). In other words, Activity Data x Emission Factor = Emissions.

Local governments can then develop quantifiable interim GHG emission reduction targets and propose a schedule and financial strategy for meeting these goals. Understanding and tracking emission trends helps to establish a basis for developing an action plan and tracking progress, and is part of an overall strategy to reduce GHG emissions, conserve energy, and save money.

To see the current list of Climate Smart Communities, visit: http://www.dec.ny.gov/energy/56876.html

For more information about Climate Smart Communities, visit: http://www.dec.ny.gov/energy/50845.html

Jeff Reed is Managing Engineer of B&L's Environmental Group. He serves as the firm's environmental program manager for air compliance engineering, spill prevention, greenhouse gas reporting, and petroleum and chemical bulk storage programs and can be reached at 315-457-5200 or jreed@bartonandloguidice.com.

Preparing for a Second Stimulus and Sustainable Project Funding Programs
By Glenn Gidaly, AICP

Municipalities are finding that advance planning and sustainability are helping them get funding for improvements to their water, wastewater, and transportation infrastructure. Current funding policies place a priority on green innovation, and recognize that significant investment in infrastructure is necessary.

The New York State Environmental Facilities Corporation (EFC) just announced that there were recent increases in funding to the Clean Water State Revolving Fund.  There will be $736 million available to CWSRF applicants, with $112 million in principal forgiveness.  The EFC will be soliciting preliminary applications for new projects in 2010 for listing in the 2011 EFC project funding list, or Clean Water SRF Intended Use Plan (IUP). 

In addition, the 2010 Green Innovation Grant Program (GIGP) will include $15 million for funding “green” aspects of municipal and other wastewater related projects.

“Funding programs are giving a higher priority to projects that have a green, sustainable, and/or energy conservation component,” said Rich Straut, Senior Vice President and manager of Barton & Loguidice’s Albany office. “With talk of another stimulus package in the works, it makes sense for municipalities to look at their infrastructure needs, not only to advance the projects that seem most likely to qualify for funding, but also to identify sustainable design solutions that can be incorporated into the project,” he added.

Towns and villages are thinking outside the box to incorporate energy efficiency into designs for water and wastewater plants and municipal solid waste landfills. B&L's clients are employing such strategies as: 

• Adding photovoltaic panels to the roofs of water and wastewater treatment plants and administrative office buildings

• Utilizing geothermal ground source heat pumps for heating and cooling.

• Recovering heat from wastewater effluent

• Replacing inefficient pumps and motors with high efficiency or variable frequency drives

• Reducing the amount of stormwater that goes into the sewers using rain gardens or stormwater planters, permeable pavement, bioswales, or green roofs

• Adding landfill gas-to-energy systems to municipal solid waste landfills to collect and reuse the methane generated by the disintegration of garbage

• Installing solar covers on closed landfills

• Harnessing wind energy to power municipal infrastructure

• Wetland restoration and constructed wetlands

• Decentralized wastewater treatment solutions

• Green infrastructure/low-impact development stormwater projects

• Water reuse/balance projects

• Sustainable landscaping/site design

Beyond providing project design and construction oversight, B&L assists municipalities with project planning, identifying appropriate funding sources and preparing grant applications for all sorts of infrastructure projects.

Glenn Gidaly, AICP, is Senior Project Manager for Barton & Loguidice's Ellenville office. He brings more than 30 years experience helping municipalities prioritize their community development needs and planning out funding strategies to achieve success. Contact Glenn Gidaly at 845-647-4408 or ggidaly@bartonandloguidice.com.
Rich Straut can be reached at 518-218-1801 or rstraut@bartonandloguidice.com.