EPA Officially Stays Landfill Methane Rules

The U.S. Environmental Protection Agency (EPA) has announced a 90-day administrative stay for the August 2016 New Source Performance Standards and Emissions Guidelines for municipal solid waste landfills.

In a May 5 letter, EPA notified industry petitioners that the agency was granting their reconsideration request. This stay will allow EPA to reconsider certain aspects of the new source standards and emission guidelines for existing landfills.

The National Waste & Recycling Association and Solid Waste Association of North America on May 10 had previously announced they had received a letter from the Administrator of the EPA indicating an intent to reconsider the rules

“EPA is continuing to ensure that the public has the opportunity to comment on agency actions,” Administrator Scott Pruitt said in a statement. “Reconsidering portions of the landfill rules will give stakeholders the opportunity to review these requirements, assess economic impacts and provide feedback to the agency through the reconsideration process.”

In August 2016, EPA issued updated guidelines for existing municipal solid waste landfills and standards for newly built, modified or reconstructed landfills.

According to the EPA’s statement, it is now reconsidering “certain aspects of these standards, including the surface emissions monitoring option known as tier 4.”

To allow time for review, both rules are stayed.

According to the EPA, sources do not need to comply with any of the requirements while the 90-day stay is in effect. The EPA estimates that implementing these rules would cost businesses more than $100 million per year to install and operate gas collection and control systems.

As part of the reconsideration process, EPA expects to prepare a proposed rule, which will allow for public comment. Additional information on the stay and reconsideration is available here.