West Virginia Gets EPA Approval to Clean Up Old Landfill Air
Published Date: 11/5/2026
Rule
Summary
The EPA is giving a thumbs-up to West Virginia’s updated plan to control pollution from old trash landfills. This means landfill operators in West Virginia need to follow new rules to cut harmful emissions starting December 7, 2026. These changes help keep the air cleaner without adding big costs for businesses or the state.
Analyzed Economic Effects
4 provisions identified: 2 benefits, 2 costs, 0 mixed.
West Virginia MSW Landfill Plan Federally Approved
The EPA approved West Virginia’s Clean Air Act section 111(d) plan revision for existing municipal solid waste (MSW) landfills submitted November 18, 2021, to implement 40 CFR part 60, subpart Cf. The EPA incorporated West Virginia legislative rule 45CSR23 (effective June 1, 2018 and June 1, 2021) into the Federal rules as part of 40 CFR part 62, subpart XX.
When Substantive Requirements Apply to Landfills
The rule states that after December 23, 2019, the substantive requirements of West Virginia’s municipal solid waste landfills State plan are contained in paragraph (b) of 40 CFR 62.12125, and owners and operators of MSW landfills in West Virginia must comply with the requirements in paragraph (b). The plan submission’s effective date in the rule text is January 4, 2027.
EPA Retains Authority for Alternate Test Methods
The EPA Administrator retains authority to approve alternative methods to determine nonmethane organic compound (NMOC) concentration or a site-specific methane generation rate constant (k) as set out in 40 CFR 60.30f(c) and section 4.8.b of West Virginia’s plan. Landfill operators may seek EPA approval for those site-specific alternative determinations.
EPA Finds No Significant Small-Entity Costs or Unfunded Mandates
The EPA certified under the Regulatory Flexibility Act that this action does not have a significant economic impact on a substantial number of small entities, and stated the action does not contain any unfunded mandates under the Unfunded Mandates Reform Act. The EPA also determined it is not a significant regulatory action under Executive Order 12866.
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