Regulatory Alert - Landfill Update for Virginia July 2020

Aegis extends this brief regulatory alert:

On June 23, 2020, the U.S. Environmental Protection Agency (EPA) approved the Virginia State Plan to implement the new Emission Guidelines (EG) air regulations for municipal solid waste (MSW) landfills in 40 CFR 60 Subpart Cf (NSPS Subpart Cf). The approval became effective on July 23, 2020. The Virginia State Plan is codified in Virginia Administrative Code 9 VAC 5-40-5925 through 5-40-5990 (also known as Rule 4-43.1). The new EG rule applies to existing MSW landfills that have accepted waste since November 8, 1987 and have not initiated an expansion after July 17, 2014.

There is currently no transition timeframe for existing MSW landfills to be in compliance with the new EG requirements laid out in NSPS Subpart Cf and Rule 43.1. Therefore, existing landfills became subject to the new requirements on July 23, 2020. The short-term actions required by the new EG rule include the following:

  • Within 90 days of the effective date (July 23, 2020), the following reports are due to the Virginia Department of Environmental Quality (DEQ) and EPA:
    • Design Capacity Report
    • Non-Methane Organic Compound (NMOC) Emission Rate Report – Required for existing landfills with a design capacity of at least 2.5 million megagrams (Mg) that do not already have a gas collection and control system (GCCS) that meets in NSPS Subpart Cf

The NMOC threshold that triggers the requirements to install and operate a GCCS has been reduced from 50 Mg/yr to 34 Mg/yr under the new EG rule, with one exception. Existing closed landfills (closed by September 29, 2017) will be allowed to continue using the 50 Mg/yr threshold.

If you would like more information or assistance with complying with the new EG requirements in NSPS Subpart Cf and Rule 43.1, please contact Kim Lanterman at