Current Status
Since the May 21, 2021 release of EPA’s federal implementation plan, all new and existing Municipal Solid Waste (MSW) landfills are subject to the requirements and standards set in the EPA 2016 New Source Performance Standards (NSPS) and Environmental Guidelines (EG) for methane emissions. In July 2024, the Biden Administration announced EPA will issue a proposal for updated NSPS and EG for methane emissions from MSW landfills in 2025 after concluding an analysis of available new technologies and landfill work practices. EPA plans to issue a series of “white papers” with the intent of gathering information to inform and support the new proposed rule.
Why It Matters
When the waste in landfills decomposes, methane, carbon dioxide, and other hazardous pollutants are released. Methane emissions from municipal solid waste landfills are estimated to make up over 14% of the United States annual methane emissions. Methane is a potent greenhouse gas.
During the Obama administration, EPA finalized two rules under Clean Air Act Section 111 targeting methane by tightening emissions reduction requirements for new and existing MSW landfills. EPA updated the NSPS standards of performance for new municipal landfills and the EGs for existing municipal landfills, lowering the emissions threshold for when landfills must install controls, among other changes. These rules were subject to legal challenges and agency internal reviews (detailed below) during the Trump administration. The Biden administration maintained the 2016 rules for new landfills and issued a federal implementation plan for existing landfills in 2021. The Biden administration has now agreed to reevaluate the current rules and has indicated EPA will issue a new proposed rule in 2025.
Timeline
October 25, 2024 EPA opened a non-regulatory docket to gather information to assist the Agency to improve the current suite of emissions regulations that cover MSW landfills. The non-regulatory docket remains open for public comment for 90 days – through January 23, 2025. To assist the public in commenting EPA also released a series of white papers as part of the docket, focusing on emerging technologies, alternative for regulating landfill emissions, and landfill operational best practices.
September 25, 2024 EPA issued two methane- related enforcement alerts addressing regulatory compliance issues at MSW landfills. The alerts warn landfill owners, operators, and contractors, to comply with the law or face potential EPA enforcement actions. The first alert reminds MSW landfill owners to conduct required monitoring and maintenance of gas collection systems to ensure they are functioning properly. The second alert reminds operators to properly document wastes excluded from their methane emissions calculations.
August 15, 2024 As required by the February 9, 2023 Consent Decree, EPA issued final revised VOC emissions standards for MSW landfills, Final Emissions Factors for AP-42 Chapter 2, Section 4 – Municipal Solid Waste Landfills.
July 2024 Related to the environmental groups’ June 2023 petition, the Biden Administration announced EPA plans to issue a proposed rule in 2025 to update standards for new and existing municipal solid waste landfills to further cut methane emissions. EPA placed the anticipated rulemaking on its Spring 2024 unified agenda, a regulatory step indicating the agency’s near term priorities.
January 2024 EPA issued a proposed rule with stricter non-methane emission standards for large MSW facilities that have waste incinerators. The proposal limits the emissions of nine non-methane air pollutants: particulate matter, sulfur dioxide, hydrogen chloride, nitrogen oxides, carbon monoxide, lead, cadmium, mercury, and dioxins/furans. The proposed standards apply to 57 facilities with the capacity to combust more than 250 tons per day of MSW.
October 2023 EPA released a study entitled “Quantifying Methane Emissions from Landfilled Food Waste,” documenting that a significant percentage of methane emissions from MSW landfills results from food waste decomposing prior to the installation of gas collection systems.
June 22, 2023 Environmental groups submitted a formal petition requesting EPA open a rulemaking to revise the methane New Source Performance Standards and Emission Guidelines for MSW Landfills.
Feb. 9, 2023 EPA published a proposed consent decree with environmental organizations, which would establish deadlines for EPA to review and, if necessary, revise VOC emission factors for municipal solid waste landfills by Aug. 15, 2024. Environmental Integrity Project, et al. v. Regan, No. 1:22-cv-2243 (D.D.C).
Dec. 9, 2021 Environmental groups filed a notice of intent to sue EPA for failing to review emissions factors used to quantify Volatile Organic Compounds (VOC) non-methane emissions coming from municipal landfills once every three years as required by the Clean Air Act Section 130, highlighting that EPA has not revised the factors since 1998.
May 2021 EPA reemphasized its voluntary Landfill Methane Outreach Program (LMOP). The program encourages the collection of landfill gas and directing the methane into the renewable gas energy marketplace. The LMOP program’s goal is 70% capture or flaring of landfill gas at all MSW landfills. EPA estimates the program has prevented the release of 688 million metric tons of CO2 equivalent in methane emissions.
May 2021 EPA published a final rule in the Federal Register establishing new federal plan requirements for municipal landfills implementing the 2016 emissions guidelines and compliance times.
March 4, 2021 EPA asked the D.C. Circuit to vacate its 2019 rule that delayed implementation of 2016 methane emissions limits for landfills and remand it to the agency. EDF v. EPA, No. 19-1222 (D.C. Circuit). The DC Circuit grants EPA’s request on April 5, 2021.
Feb. 5, 2021 The D.C. Circuit held in abeyance the consolidated cases challenging the final landfill regulations. California v. EPA, Case No. 19-1227 (D.C. Circuit).
Jan. 20, 2021 President Biden signed EO 13990 that revokes Trump’s EO 13795 and directs all agencies to review and consider revising rules issued during the Trump administration.
Jan. 19, 2021 The N.D. of Cal. District Court modified its prior order in accordance with the Ninth Circuit decision, eliminating the Nov. 6, 2019 deadline for the EPA to issue a federal plan. California v. EPA, No. 4:18-cv-03237 (N.D. Cal.).
Oct. 22, 2020 The Ninth Circuit ruled that EPA can delay its issuance of a new federal plan for landfill emissions until August 30, 2021. This decision reverses a lower court ruling that EPA had to issue the new plan by November 6, 2019. California v. EPA, No. 19-17480 (9th Cir.).
Dec. 17, 2019 A federal court denied EPA’s request to stay its Nov. 5, 2019 order confirming the court-ordered schedule for EPA to approve or disapprove state implementation plans by Sep. 6, 2019 and to issue a federal plan (applicable to disapproved states) by Nov. 6, 2019. EPA asked the court to put the deadlines on hold while it appeals the court’s Nov. 5th decision not to amend them. EPA had asked the court to amend the deadlines after it issued a new rule on Aug. 26, 2019 attempting to change the underlying compliance dates in the 2016 landfill emissions rule. California v. EPA, No. 4:18-cv-03237 (N.D. Cal.).
Oct. 25, 2019 Nine states petitioned the DC Circuit for review of EPA’s Final Rule on landfill regulations, arguing that EPA’s proposed amendment and delay of the California District Court’s order to review 7 state plans by November 6th would cause exposure to the full set of harms under the Final Rule, which amends Obama-era landfill air pollution regulations. California v. EPA, Case No. 19-1227 (D.C. Circuit).
Oct. 24, 2019 A federal judge in the Northern District of California held a hearing on EPA’s request that he amend his May order requiring EPA to comply with Obama-era landfill air pollution regulations by November 6th in light of more recent rule revisions EPA argues makes the order moot. California v. EPA, Case No. 4:18-cv-03237 (N.D. Cal.).
Aug. 26, 2019 EPA publishes a final rule revising the 2016 emissions guidelines for existing landfills. The rule changes the timing requirements to align with the updated Clean Air Act section 111(d) implementing regulations finalized in the ACE rule on July 8, 2019 (see more about the ACE rule on our Clean Power Plan page). The new rule requires states to submit their plans within three years of the publication of emissions guidelines. EPA then must approve or disapprove the state plans within twelve months after they are determined to be complete. Under the old rule, states had nine months to submit plans, and EPA had four months to respond.
Aug. 22, 2019 EPA proposed a federal plan to implement the 2016 emissions guidelines for existing municipal solid waste landfills where state or tribal plans are not in effect. Per court order, EPA has until November 6, 2019 to finalize this federal plan.
May 6, 2019 A federal judge in California found EPA violated the CAA by failing to review and approve state submitted plans to implement the 2016 landfill emissions guidelines and issue a federal plan within the required timeframes. The court ordered EPA to approve or disapprove the 7 plans submitted by 5 states by September 6, 2019; to promulgate the required federal plan by November 6, 2019; and to submit status reports to the court every 90 days beginning August 5, 2019. California, et al. v. EPA, No. 4:18-cv-03237 (N.D.Cal.).
Jan. 22, 2019 States and environmental plaintiffs file summary judgment motion in case alleging EPA failed to enforce the 2016 emissions guidelines. California, et al. v. EPA, No. 4:18-cv-03237 (N.D.Cal.).
Dec. 21, 2018 The court denied EPA’s motion to stay and motion to dismiss the suit alleging EPA failed to perform its non-discretionary duty to enforce the 2016 emissions guidelines. California, et al. v. EPA, No. 4:18-cv-03237 (N.D.Cal.).
Nov. 5, 2018 EPA filed a motion to stay the suit brought by state AGs for EPA’s failure to enforce the 2016 emissions guidelines, pending the completion of the proposed rulemaking initiated on October 30, 2018. California, et al. v. EPA, No. 4:18-cv-03237 (N.D.Cal.).
Oct. 23, 2018 EPA notified the court in the AGs’ suit that Acting Administrator Wheeler signed a proposed rule that would amend the deadlines in the 2016 Emission Guidelines and Compliance Times for Municipal Solid Waste Landfills. The proposal would result in extending the deadlines for states to submit plans to August 29, 2019. EPA would then have six months to review the plans for completeness and another 12 months after that to consider whether to approve the plan. This new timing would align the deadlines with EPA’s ACE proposal. California, et al. v. EPA, No. 4:18-cv-03237 (N.D.Cal.). EPA publishes its proposed rule extending the deadline on Oct. 30, 2018.
Oct. 11, 2018 EPA filed its final reply urging dismissal. California, et al. v. EPA, No. 4:18-cv-03237 (N.D.Cal.).
Sep. 13, 2018 Environmental Defense Fund (EDF) filed a motion to intervene in the state AGs’ suit against EPA for failing to publish emissions guidelines.
June 20, 2018 The Environmental Defense Fund and Natural Resources Defense Council sent a 60-day notice of intent to sue to EPA for failing to implement or enforce the Emissions Guidelines and Compliance Times for Municipal Solid Waste Landfills issued on August 29, 2016.
March 23, 2018 Seven state attorneys general notified EPA they will sue in 60 days over its failure to enforce the 2016 Emissions Guidelines for existing municipal and solid waste landfills. On May 31, 2018, state AGs from CA, IL, MD, NM, OR, PA, RI, and VT filed suit against EPA. They asked the court to declare that EPA violated the Clean Air Act and require EPA to implement and enforce the guidelines. California, et al. v. EPA, No. 4:18-cv-03237 (N.D.Cal.).
Feb. 1, 2018 The DC Circuit granted plaintiffs’ request to voluntarily dismiss its petition. Plaintiffs dismissed the case after EPA clarified that its stay did not affect any deadlines outside of the 90-day delay period. NRDC, et al. v. EPA, No. 17-1157 (D.C. Cir.).
Aug. 4, 2017 The environmental groups asked the court to vacate EPA’s administrative stay of the landfill rule, but the court denies the request on Sep. 28, 2017. Because the 90-day delay has expired by this date and the rules should be in effect, the court orders parties to submit briefs on “whether the lawsuit is now moot.” NRDC, et al. v. EPA, No. 17-1157 (D.C. Cir.).
June 16, 2017 Environmental groups sued EPA over the delay. NRDC et al. v. EPA, No. 17-1157 (D.C. Cir.).
May 31, 2017 EPA published its decision to reconsider several issues in the landfill rules and to delay the rules for 90 days.
May 5, 2017 Administrator Pruitt sent a letter to industry announcing that EPA will reconsider several aspects of the landfill rules.
Aug. 29, 2016 EPA finalized two rules targeting methane emissions from new and existing landfills (the New Source Performance Standards and Emissions Guidelines, respectively). They were scheduled to go into effect on October 28, 2016, but industry petitions EPA for reconsideration were due on Oct. 27, 2016.
