Dive Brief:
- The Colorado Air Quality Control Commission voted on Thursday to approve a new comprehensive landfill gas regulation, putting the state’s rules ahead of federal regulations for the first time. Next year, operators will need to submit initial reports on the amount of waste in their landfills and the amount of methane gas they generate.
- The regulation put in place a range of new restrictions. Among them are a phased ban on open flares, a stricter threshold past which landfills must install gas collection and control systems, and the allowance of drones and satellites to monitor landfills’ methane emissions.
- The final rule also incorporated some last-minute changes that responded to concerns from landfill owners, including those that run small municipal facilities. Commissioners teed up Thursday’s vote after delaying a decision on the regulation in their August meeting, where they said they needed more time to understand the regulation’s implications.
Dive Insight:
The new regulation helps Colorado progress toward its goal of 100% net-zero greenhouse gas emissions by 2050, the commission said in a press release. By that time, the state estimates the regulation will have helped avoid as much as 12.53 million metric tons of carbon dioxide equivalent.
“Colorado prides itself on sustainable regulations, and this progress reflects the extensive collaboration and commitment of our partners in advancing state climate goals,” Michael Ogletree, senior director of the Colorado Department of Public Health and Environment’s air quality programs, said in a statement. “This new standard will significantly reduce methane emissions using proven technologies and climate-smart practices. Strong actions like this help address climate change while protecting our environment, public health, and state economy.”
The regulation is expected to apply to 32 of Colorado’s 82 open and closed municipal solid waste landfills. Landfill operators subject to the regulation will have until June 30, 2026, to submit their initial waste-in-place report. Local government-owned landfills with less than 9 million tons of waste in place aren’t required to comply with the rule until the beginning of 2029.
Landfills with at least 450,000 tons must also submit a methane generation rate report by June 30, 2026. If they generate at least 664 metric tons of methane per year, those landfills must install a gas collection and control system and begin quarterly emissions monitoring. Landfill operators must submit a design plan for these systems within a year of when the landfill first triggers the requirement, then install and begin operating the system 18 months after the plan is submitted.
This is the first time Colorado will have a methane-based threshold for installing landfill gas systems. It currently follows federal regulations, which rely on non-methane organic compound generation rates to determine when a landfill should install a system.
The final version of the rule softened some monitoring requirements. If a landfill goes four consecutive quarters without identifying an exceedance, the operator can set surface emissions monitoring paths at 100-foot intervals rather than 25-foot intervals. The revisions also raised the threshold at which operators need to take action on gas leaks from 200 parts per million to 500 parts per million.
The rule will also give some flexibility for older landfills. Those that closed before Jan. 1, 1996, may be able to install a biofiltration system rather than a gas collection and control system if they meet a certain gas generation threshold.
Other proposals around new technology remained relatively unchanged. Landfill operators will be able to use drones and handheld methane monitoring sensors when they do regular emissions monitoring. Landfill operators will also be required to respond to notifications from remote methane monitoring systems like satellites informing them that their landfill has a leak. Operators would need to investigate the leak and report back to state regulators within 15 calendar days.
Colorado’s regulation is similar to those adopted by states like California, Maryland, Oregon and Washington in recent years. Environmental groups praised Regulation 31, saying it was a step forward for the state’s climate goals.
“For too long, municipal waste landfills have been subject to lax air pollution standards. These new regulations will make meaningful cuts in emissions of methane and other harmful air pollutants from Colorado’s landfills,” Leah Kelly, senior attorney with the Environmental Integrity Project, said in a statement. “We appreciate the time and attention devoted by Colorado regulators to this important issue.”
