Municipal Solid Waste Landfill New Source Performance Standards and Emissions Guidelines – More Information
Click here to return to our primary page on the Solid Waste NSPS rule, with the current status and discussion of why this rule matters.
On August 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.
Industry petitioned EPA for reconsideration on October 27, 2016.
On May 5, 2017 Administrator Pruitt sent a letter to industry, announcing that EPA would reconsider several aspects of the landfill rules.
On May 31, 2017 EPA published its decision to reconsider several issues in the landfill rules and to delay the rules for 90 days.
On June 16, 2017 environmental groups sued EPA over the 90-day delay. NRDC et al. v. EPA, No. 17-1157 (D.C. Cir.).
On September 28, 2017 the court denied the environmental groups’ request to vacate the stay. Since the 90-day delay was over at that time, the rules should have been in effect. Therefore, the court ordered parties to submit briefs on “whether the lawsuit is now moot.” – NRDC, et al. v. EPA, No. 17-1157 (D.C. Cir.).
The petitioners brief, submitted on November 20, 2017, can be found here. EPA’s response brief, was filed on January 22, 2018. – NRDC, et al. v. EPA, No. 17-1157 (D.C. Cir.).
On February 1, 2018 the D.C. 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.).
On March 23, 2018 seven state attorneys general notified EPA they would sue in 60 days over its failure to enforce the 2016 Emissions Guidelines for existing municipal and solid waste landfills.
On May 31, 2018 eight attorneys general filed suit against EPA for its failure to enforce the 2016 Emissions Guidelines for existing municipal and solid waste landfills. The AGs of California, Illinois, Maryland, New Mexico, Oregon, Pennsylvania, Rhode Island, and Vermont argued EPA has failed to fulfill its duty to implement and enforce the emission guidelines. They ask 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 (D.D.C.).
On 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.
For More Information
For more on the history of the Municipal Solid Waste Landfill NSPS Rules see their entry in the Columbia University Sabin Center for Climate Change Law’s database. Also see Sabin’s Climate Deregulation Tracker for additional updates.