AQ_F_0800102_20120611_ENF_SOC

Special Order By Consent
East Carolina Regional Landfill
BEFORE THE NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
STATE OF NORTH CAROLINA )
COUNTY OF BERTIE )
EAST CAROLINA REGIONAL LANDFILL, ) SPECIAL ORDER BY CONSENT
AULANDER, BERTIE COUNTY, NORTH )
SOC 2012-002-
CAROLINA )
[FACILITY ID NUMBER 0800102] )
This SPECIAL ORDER BY CONSENT (hereinafter referred to as the "ORDER") is
made and entered into pursuant to North Carolina General Statute 143-215.110 by and between
EAST CAROLINA REGIONAL LANDFILL (hereafter referred to as the "COMPANY") and
the ENVIRONMENTAL MANAGEMENT COMMISSION, an agency of the State of North
Carolina (hereinafter referred to as the "COMMISSION").
WITNESSETH:
I. The COMPANY and the COMMISSION do hereby stipulate and agree to the following:
A. The COMPANY has operated and is now operating a municipal solid waste
landfill in North Carolina subject to the requirements of the Air Quality Permit
No. 08849T05 issued by the North Carolina Department of Environment and
Natural Resources, Division of Air Quality ("DAQ") under the authority of the
COMMISSION.
B. The COMPANY is subject to New Source Performance Standards ("NSPS") for
landfill gas collection and control systems that require such systems to be
operated with controls which may include flares. The Company maintains a
landfill gas collection and control system that includes a flare.
C. The air emission source at East Carolina is described in the facility's current air
permit as the "municipal solid waste landfill" (Emission Source ID No. ES-01).
Emissions from ES-01 are controlled by one landfill gas collection and control
system (Control Device ID No. CD-GCCS 1) and one landfill gas-fired
candlestick type flare (Control Device ID No. CD-Flarel).

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East Carolina Regional Landfill
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D. As material continues to be deposited in the landfill over time, landfill gas
continues to be generated which periodically requires additional flare capacity.
To address the need for additional flare capacity the COMPANY submitted an air
pen-nit application for an additional flare on March 16, 2012.
E. DAQ has processed the air permit application for the additional flare and has
prepared a draft permit. The new flare is designated as Control Device ID No.
CD-Flare2 in the draft permit. The draft permit contains a new permit condition
(Pen-nit Condition No. 2.2D) that requires the COMPANY to comply with 15A
NCAC 2D .0524 "Standards for Performance for Commercial and Industrial Solid
Waste Incineration Units", 40 CFR Part 60, Subpart CCCC (hereinafter referred
to as the "CISWI regulations"). The CISWI regulations govern the combustion of
commercial and industrial solid waste. The COMPANY believes that CISWI
does not apply to the flare because, according to the COMPANY, landfill gas
combusted at the flare is not a solid waste.
F. The United States Environmental Protection Agency ("EPA") has proposed
amendments to the CISWI regulations and has received numerous comments on
those regulations, including industry and association comments regarding the non-
applicability of CISWI to landfill gas collection and control systems and flares.
After considering the comments, it is anticipated that EPA will issue final CISWI
regulations.
G. On or about May 31, 2012, DAQ submitted the draft permit to EPA for review
and comment. Given EPA's consideration of the comments on the proposed
CISWI regulations, DAQ is uncertain as to when EPA will review and comment
on the permit. For reasons of safety, system integrity, gas destruction and odor
control, among others, it is important for the COMPANY to obtain sufficient flare
capacity for the landfill gas collection and control systems. To maintain sufficient
flare capacity, the COMPANY wishes to install and operate a new flare as soon as
possible and potentially prior to obtaining the final permit for the flare. On May

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East Carolina Regional Landfill
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18, 2012, the COMPANY requested a Special Order by Consent to install and
operate new flare.
H. The COMMISSION concludes that installation and operation of the additional
flare (CD-Flare2) prior to issuance of the final permits is sufficiently important
from a safety, system integrity, gas destruction and odor control perspective and is
sufficiently protective of the environment if permit conditions that apply to the
existing flares are adhered to for the new flares that this action is appropriate.
THEREFORE, the COMMISSION and the COMPANY agree to enter into this ORDER
with the following terms and conditions:
II. The COMPANY, desiring to operate in a safe and environmentally sound manner in
accordance with the rules and regulations of the COMMISSION, hereby agrees to
perform the following activities:
A. The COMPANY may install and operate the new flare (CD-Flare2) as set forth in
the COMPANY'S application dated March 16, 2012 immediately after the
required public notice and execution of this ORDER by the COMMISSION or its
designee. The new flare (CD-Flare2) shall be operated in accordance with the
permit conditions applicable to the existing flare set forth in the facility's current
air quality permit (No. 08849T05) until such time as a final permit for the new
flare is issued and, if appealed, all appeals on the permit are exhausted.
B. The COMPANY shall submit no later than 15 days after the flare is installed and
becomes operational a letter to the Washington Air Quality Regional Supervisor,
that the flare has been installed in accordance with the COMPANY'S application.
III. This ORDER shall pertain only to the flare control device described in Paragraph 1 E
(CD-Flare2). Any violation of Air Quality Standards resulting from other sources or
equipment for which the COMPANY is responsible, may subject the COMPANY to
appropriate enforcement action pursuant to North Carolina General Statute 143-
215.114A.

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East Carolina Regional Landfill
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IV. In the event of changed circumstances, the COMPANY may request that the Director
modify the ORDER, as appropriate. If the Director finds that the COMPANY has
established good cause for its request, DAQ and the COMPANY shall jointly stipulate
and agree to a written modification of this ORDER.
V. In the event the COMMISSION or DAQ finds that reports, plans, specifications, or
permit applications required under this ORDER are in any respect deficient or if
additional information is necessary to comply with the requirements of North Carolina
General Statutes 143-215.107 et seq., any rules promulgated thereunder, or any other
applicable laws or regulations, the COMPANY shall be notified by DAQ as soon as
possible. The COMPANY shall be afforded an opportunity to modify, amend or
supplement its submissions to make such submissions complete and appropriate.
VI. The COMPANY'S obligation to comply with the requirements set forth in this ORDER
may be delayed or excused only to the extent that noncompliance is caused by
circumstances beyond control of the COMPANY, as determined by the Director.
Contractor delays or failure to obtain funding will not be considered events beyond the
COMPANY'S control. If any such delaying event occurs, the COMPANY shall notify
DAQ in writing within ten (10) days of encountering or discovering the delaying event,
describing in detail the event or delay, the precise cause(s) of the event or delay, the
measure(s) taken and to be taken by the COMPANY to prevent or minimize the event or
delay, and the schedule by which those measures will be implemented. If the Director
determines that noncompliance with this ORDER was caused by circumstances beyond
the control of the COMPANY, the COMMISSION and the COMPANY jointly may
stipulate and agree to a written modification of this ORDER.

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East Carolina Regional Landfill
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VII. All notices and reports required from the COMPANY by this ORDER shall be mailed,
first class postage prepaid to:
Michael Pjetraj, PE, Supervisor
Stationary Source Compliance Branch
Technical Services Section
NC DENR, Division of Air Quality
Green Square Office Complex
1641 Mail Service Center
Raleigh, NC 27699-1641
VIII. This ORDER constitutes full and final settlement and satisfaction of all matters addressed
herein and any and all claims or prospective claims that the COMMISSION has or may
have for the COMPANY'S installation and operation of the flare described herein
without a final permit, as of the date this ORDER is approved by the COMMISSION.
This ORDER shall not affect the Company's obligation to comply otherwise with any
Federal, State, or local laws or regulations.
IX. Final approval and entry into this ORDER is subject to the requirements that the
COMMISSION give notice of proposed consent decrees to the public, and that the public
have at least thirty (30) days within which to comment on the ORDER.
X. Should any provision of this ORDER be declared by a court of competent jurisdiction to
be inconsistent with Federal or State law and therefore unenforceable, the remaining
provisions hereof shall remain in full force and effect.
XI. Except as otherwise set forth herein, this ORDER is not and shall not be interpreted to be
a permit or modification of an existing permit under Federal, State or local law, and shall
not be construed to waive or relieve the Company of its obligations to comply in the
future with any pen-nit.
XII. In the event of termination of operations and closure of the COMPANY, the COMPANY
shall notify the Director in writing, within five (5) business days of the earlier of(i) the
date any Workers Adjustment and Retraining Notification Act (WARN), notification, or
(ii) Facility closure. Receipt of said notification from the COMPANY by the Director

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East Carolina Regional Landfill
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shall terminate any obligations of the COMPANY pursuant to this ORDER and this
ORDER shall become null and void in its applicability to the COMPANY. The
COMPANY acknowledges its responsibilities pursuant to this ORDER from the date of
final approval and entry of this ORDER, through the date of receipt by the Director of
notification of closure required by this paragraph.
XIII. This ORDER shall be binding upon the parties, their successors and assigns, upon
execution by the undersigned, who represent and warrant that they are authorized to enter
into this agreement on behalf of the parties hereto. The parties acknowledge and agree
that this ORDER is transferable to successor entities of the COMPANY (by purchase or
otherwise)upon written modification of the ORDER agreed to by the parties.
XIV. This ORDER shall expire after the final permit is issued for the new flare (CD-Flare2)
and, if appealed, all appeals on the permit are exhausted.
AGREED TO THIS DAY OF J-o n. 52012.
ATTESTED: Republic Services of North Carolina, LLC
IA
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z
BY:
Drew Isenhour, Area President
APPROVED AND ACCEPTED: Environmental Management Commission
BY: a.�Qo
Sheila C. Holman, Director
Division of Air Quality

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East Carolina Regional Landfill
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