Local Government Landfill Methane Emission Reduction Regulations

Under current law, the air quality control commission (commission) in the department of public health and environment is directed to adopt emission control regulations for significant sources of air pollutants. A solid waste landfill (landfill) is a significant source of air pollutants such as methane.

The bill:

• Allows a county to utilize money from the community impact cash fund, air quality enterprise cash fund, and local government mineral impact fund for the purpose of complying with landfill methane emission reduction requirements adopted by the commission;
• Requires the air quality enterprise to research best practices for reducing methane emissions from landfills;
• Requires the commission to consider debt service availability when developing schedules of compliance for landfills;
• Requires the commission to establish a process for an owner or operator of a landfill to request a waiver from methane emission reduction requirements;
• States that a landfill that reaches or exceeds applicable methane emission limits on or after the effective date of the bill is not subject to methane emission reduction requirements until 2 years after the landfill reaches or exceeds applicable methane emission limits; and
• Exempts a local government from paying a noncompliance penalty for failure to comply with requirements to reduce methane emissions from landfills if the local government demonstrates that the failure to comply is due solely to a financial inability to comply.(Note: This summary applies to this bill as introduced.)