A Measure of Relief from the EPA…for Now

It’s been announced that the Environmental Protection Agency (EPA) has granted a 90-day administrative stay for the August 2016 New Source Performance Standards and Emissions Guidelines for municipal solid waste landfills.

Last August, EPA issued updated guidelines for existing landfills, as well as standards for newly built, modified, or reconstructed landfills. The updated rules require landfills to install and operate landfill gas collection systems, monitor emissions, and other provisions. The Agency is reconsidering certain aspects of these standards, including the surface emissions monitoring option known as Tier 4. To allow enough time to review these aspects, which are central to the outcome of the rule, both the New Source Performance Standards and New Emissions Guidelines are stayed. EPA estimates that implementing these rules would cost businesses more than $100 million per year to install and operate gas collection and control systems.

EPA had been petitioned by SWANA, NWRA, Waste Management, and Republic for reconsideration of the new rules. Kerry Kelly, the senior director of federal affairs for Waste Management tells me, “We’re pleased with the EPA’s decision to reconsider the rules. We have maintained a dialogue with the agency throughout the rulemaking process and expect to continue a constructive dialogue to address areas of concern we have raised with the agency.”

She goes on to say, “We fully support reasonable regulations of landfill emissions. We have been effectively controlling our emissions for decades under existing air regulations by collecting landfill gas and converting it to renewable energy or controlling it by combustion. We will continue to comply with the original regulations while working with the agency to remedy the rules.”

According to EPA, the stay is consistent with President Trump’s Energy Independence Executive Order Energy Independence Executive Order, and the agency will continue to review the new standards and guidelines to ensure that they protect the environment and enable a growing economy.

EPA Administrator Scott Pruitt says, “EPA is continuing to ensure that the public has the opportunity to comment on agency actions. 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.”

At about the same time that the 90-day stay was being announced, so was President Trump’s proposed budget. It calls for a 30% cut in EPA’s budget for fiscal year 2018.

James Rubin is a partner at the international law firm Dorsey & Whitney. Mr. Rubin served for 15 years in the Environment and Natural Resources Division of the US Department of Justice, where he was an assistant chief in the Law and Policy Section, a trial attorney in the Environmental Defense Section, and an agency representative to the White House Climate Change Task Force. He coordinated the division’s international program and worked on a wide variety of domestic and international environmental policy and litigation matters, as well as trade and investment negotiations and disputes. He’s looked at the proposed cut and says, “The President’s 2018 budget largely sets forth the substantial cuts to EPA that were proposed earlier this Spring, despite indications from Congress that many such cuts were disfavored. These cuts, which target enforcement, contaminated site cleanup, and funding to states for implementation of critical programs, appear out of step with the Administrator’s stated priorities and would make it hard for states to take on the primary role of environmental protection. While Congress is unlikely to adopt all of these proposals, the Administration is again sending a mixed signal about the role of federal oversight in environmental protection.”

What are your thoughts on the proposed cuts to EPA?

What are your thoughts on new EPA standards and guidelines when it comes to methane at landfills?