Municipal Solid Waste Landfills: New Source Performance Standards (NSPS), Emission Guidelines (EG) and Compliance Times
On August 29, 2016, EPA announced final updates to its New Source Performance Standards (NSPS) to reduce emissions of methane-rich landfill gas from new, modified and reconstructed municipal solid waste (MSW) landfills. In a separate action, EPA also issued guidelines for reducing emissions from existing MSW landfills.
In May 2017, EPA announced the agency is reconsidering several issues in the 2016 final rules for Municipal Solid Waste (MSW) Landfills New Source Performance Standards (NSPS) and Emission Guidelines (EG). On May 31, 2017, the EPA issued a 90-day stay on the 2016 NSPS and EG. Because this 90-stay expired on August 29, 2017, the 2016 rules are currently in effect. The EPA still intends to complete the reconsideration process granted by the Administrator. EPA will continue to work with states and stakeholders as we develop a path forward on these separate but related actions.
On October 30, 2018, EPA issued a proposal to extend plan submission deadlines for the 2016 MSW Emission Guidelines. The proposed amendments would align state plan timing requirements with those recently proposed in the Affordable Clean Energy rule. The new timing requirements would extend state plan submission deadlines to August 29, 2019. EPA would review submitted state plans for completeness within 6 months from submission and review for approval within 12 months of the completeness review. In aligning with the ACE proposal, the new timing requirements would also extend the timing to 2 years for the EPA to promulgate a federal plan for states that fail to submit an approvable state plan. In addition, EPA is taking comment on whether previously submitted state plans should be resubmitted in order to provide consistency and clarity for compliance.
10/30/2018 - Proposed Rule: Adopting Subpart Ba Requirements in Emission Guidelines for Municipal Solid Waste Landfills
05/22/2017 – Notice: 90-Day Stay of Final Standards of Performance for Municipal Solid Waste Landfills and Emission Guidelines and Compliance Times for Municipal Solid Waste Landfills
05/05/2017 – Letter granting reconsideration of certain aspects of the 2016 NSPS and stay of effective date for both NSPS and Emission Guidelines
08/29/2016 – Final Rule (New Source Performance Standards - 80 FR 59332)
08/29/2016 – Final Rule (Emission Guidelines - 80 FR 59276)
08/27/2015 – Supplemental Proposal (New Source Performance Standards - 80 FR 52162)
08/27/2015 – Proposed Rule (Emission Guidelines - 80 FR 52100)
07/17/2014 – Proposed Rule (79 FR 41771)
09/08/2006 – Proposed Rule; amendments (71 FR 53272)
05/23/2002 – Proposed Rule (67 FR 36476)
10/17/2000 – Final Rule; testing amendments (65 FR 61744)
04/10/2000 – Final Rule; technical corrections (65 FR 18906)
11/08/1999 – Final Rule (64 FR 60689)
12/16/1998 – Proposed Rule (63 FR 69363)
06/16/1998 – Direct Final Rule (63 FR 32743)
03/12/1996 – Final Rule (61 FR 9905)
06/21/1993 – Supplemental Notice (58 FR 33790)
05/30/1991 – Proposed Rule (56 FR 24468)
Regulatory Impact Analysis for the Proposed Revisions to the Emission Guidelines for Existing Sources and Supplemental Proposed New Source Performance Standards in the Municipal Solid Waste Landfills Sector (For the 2016 Rule)
Regulatory Impact Analysis for the Final Revisions to the Emission Guidelines for Existing Sources and The New Source Performance Standards in the Municipal Solid Waste Landfills Sector (For the 2016 Rule)
Responses to Public Comments on EPA’s Standards of Performance for Municipal Solid Waste Landfills and Emission Guidelines and Compliance Times for Municipal Solid Waste Landfills: Proposed Rules - July 2016
Air Emissions From Municipal Solid Waste Landfills - Background Information for Proposed Standards and Guidelines (For the 1991 Proposed Rule)
View the supporting documents in the docket folder to find additional related documents to the new source performance standards.
View the supporting documents in the docket folder to find additional related documents to the emission guidelines and compliance times.
Applicability Determination Index (ADI). The ADI is maintained by EPA's Office of Enforcement and Compliance Assurance (OECA) and provides a data base of memoranda dealing with applicability issues. The database is searchable by Subpart.