On Tuesday, September 25, the U.S. Environmental Protection Agency (EPA) issued two enforcement alerts addressing regulatory requirements and associated compliance issues at municipal solid waste landfills (MSW landfills). The alerts address Clean Air Act requirements that control the release of landfill gases (LFG), particularly methane, from MSW landfills.
These reminders represent compliance issues that EPA has flagged during enforcement actions. EPA thought they were important enough to publish these alerts for the benefit of landfill OM&M; expect state and local agencies to focus on these during their regulatory inspections.
The alerts provide an overview of the Clean Air Act regulatory requirements related to landfill air emissions and aim to help landfill owners, operators, and contractors comply with the law and take the necessary steps to avoid potential EPA enforcement actions.
The first enforcement alert, “EPA Investigations Find Municipal Solid Waste Landfill Operators are Failing to Properly Conduct Compliant Monitoring and Maintenance of Gas Collection and Control System,” is intended to remind MSW landfill owners, operators, and their consultants to conduct routine monitoring and maintenance of gas collection systems to ensure all landfill emissions are being properly captured and controlled.
The second enforcement alert, “MSW Landfill Operators Fail to Include Wastes from Total Degradable Waste-in-Place and Properly Sample Landfill Gas, Resulting in Underreported Emissions,” is intended to remind MSW landfill operators, owners, and their consultants to identify and document nondegradable wastes excluded in calculations properly and to collect representative LFG samples for non-methane organic compounds analysis and emission calculations.
If you are operating a landfill that gets an EPA Section 114 request for data, is having or has had an EPA inspection, or has received an EPA NOV, you may want to contact the compliance experts at SCS Engineers to seek advice on EPA’s perspective on rule history, interpretation, and assist how best to prevent or defend against enforcement actions.
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