Kentucky landfills face emission crackdown: EPA gives thumbs up
Published Date: 4/23/2026
Proposed Rule
Summary
Kentucky is getting the green light from the EPA to enforce new rules that cut harmful gas emissions from old trash landfills. This plan affects landfill operators who must now follow clear limits and keep records to protect the air we breathe. Comments on this plan are open until May 26, 2026, so there’s time to weigh in before it kicks in.
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Analyzed Economic Effects
4 provisions identified: 1 benefits, 2 costs, 1 mixed.
Kentucky landfills must meet new limits
If you operate an existing municipal solid waste (MSW) landfill in Kentucky, your landfill is required to follow emission limits and monitoring, operating, recordkeeping, and reporting requirements set out in Kentucky Administrative Regulation 401 KAR 61:036. The State Plan incorporated by reference KAR 61:036 (effective June 3, 2021) implements the EPA Emissions Guidelines (EG) finalized August 29, 2016, for existing MSW landfills.
Rule applies to older landfills (pre-2014)
The Emissions Guidelines and Kentucky State Plan apply to existing MSW landfills that commenced construction, modification, or reconstruction on or before July 17, 2014. If your landfill began those activities on or before that date, it is an affected source under the plan.
Federal plan coverage shifts to Kentucky plan
Landfills in Kentucky currently covered by the MSW landfill Federal Plan (40 CFR part 62, subpart OOO) will become subject to Kentucky's State Plan when EPA approves Kentucky's submission. The State Plan will be federally enforceable upon EPA approval.
Flexibility to use alternative testing methods
The EPA Administrator retains authority to approve alternative methods for determining nonmethane organic compound (NMOC) concentration or a site-specific methane generation rate constant (k) as allowed under 40 CFR 60.30f(c). Operators can seek EPA approval for those alternative methods.
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