By Shane Robinson
May 13, 2002

This year's Annual MWMA meeting included a session on Clean Air Act regulations for landfills. The sessions had two speakers from the U.S. Environmental Protection Agency — Zofia Kosim from EPA's Office of Enforcement and Michele Laur of EPA's Office of Air Quality Planning and Standards — as well as Ed Skernolis from Waste Management. The session largely focused on needed regulatory changes related to the use of landfill gas (LFG).

Traditionally, LFG has been burned by flares at the landfill site. However, increasingly LFG has been used as an energy source. Not only is this an effective method of pollution control, but it reduces emissions of greenhouse gases and can offset fossil fuel energy sources.

There are three primary business structures for making use of LFG: (1) an on-site captive facility, (2) an on-site third-party arrangement, and (3) and off-site third-party arrangement. Tax incentives for private, third-parties to engage in this activity have been the primary driver in advancing this practice. However, many of these tax incentives expire this year, with the remainder expiring in 2007.

While new tax incentives may be needed to help spur continued and new use of LFG for energy production, equally important are the regulatory requirements related to this issue. Currently, EPA is working to revise regulations to provide clarity in the legal definition of treatment of LFG as well as the permitting and liability questions that are part of third-party arrangements. EPA is working with municipal and industry stakeholders to develop practical solutions to these issues.