CO Air Quality Control Commission OK’s Rule to Rein in Air Pollution from Landfills

The Colorado Air Quality Control Commission today approved a rule to help rein in harmful air pollution and methane, a potent greenhouse gas, from landfills in Colorado. The rule, which is the product of months of discussions between conservation groups, community groups and industry, will require more leak detection monitoring at landfills and, for landfills emitting large amounts of pollution, will require them to install systems to collect and destroy that pollution. While the final rule is not as strong as originally proposed, groups hope that it will help to incentivize waste diversion and composting efforts in the state of Colorado.

“This is a monumental moment for Colorado communities to be further protected from hazardous emissions coming from our landfills and flowing into our communities,” said Brian Loma, hazardous materials and waste diversion advocate with GreenLatinos. “Destroying these emissions will lead to improved health conditions and lowered health care costs for many Colorado communities.”

The final rule goes beyond the federal minimum standards to reduce emissions from landfills in Colorado. It phases out open flares and instead requires enclosed destruction systems in most circumstances – significantly benefiting the health of communities across the state, as open flares are not as reliable or effective at destroying pollution. The rule also includes provisions for biocover and biofilters to oxidize pollution before it can escape through the surface of the landfill. The commission should consider strengthening these provisions moving forward, as robust biocover and biofilter uptake will help to reduce emissions while creating a market for compost. The final rule, however, fails to address harmful PFAS “forever chemicals” in landfill air emissions, and groups have encouraged the state to prioritize research and mitigation to address this issue.

“Quickly and significantly reducing methane from the waste sector – the world’s third largest emitter of anthropogenic methane – is critical for tackling climate change and improving public health,” said Mary Sasso, attorney at Clean Air Task Force. “The final rule approved by the commission leverages cost-effective, practical solutions that will reduce methane emissions, like robust and frequent monitoring. While there is still room for improvement, this final rule marks important progress in protecting communities near landfills and advancing Colorado’s climate goals.”

In April, the Colorado Air Pollution Control Division issued its draft rule on landfill pollution, kicking off the rulemaking process. The initial proposed rule would have been the strongest in the nation, but over time and after arguments from both sides, the division weakened the draft rule. In order to preserve the most important elements of the rule, the parties spent hours meeting to find agreement on the best path forward. The rule approved by the commission today is a product of those discussions.

“The rule approved by the commission is an important step forward on landfill emissions in Colorado,” said Alexandra Schluntz, senior attorney with Earthjustice’s Rocky Mountain Office. “While this does not do everything we hoped to see, it will make a real difference for the health of surrounding communities. It is important that Colorado uses this rule as a launching point to further incentivize waste diversion and composting in the state, which is the best way to reduce air and climate pollution from landfills—by preventing it from the start.”

Air pollutants emitted from landfills pose a grave threat to the climate and to public health. Composed of methane, carbon dioxide, volatile organic compounds, hazardous air pollutants and–alarmingly–PFAS, known as “forever chemicals,” emissions of landfill gas are harmful in a variety of ways. Due to its high global warming potential, even small amounts of methane have an outsized impact on the climate over the short term. Additionally, volatile organic compounds and hazardous air pollutants cause a myriad of health issues including nervous system damage and cancer.