The Environmental Protection Agency finalized a rule on January 9, 2026, approving the delegation of authority to the Ohio Environmental Protection Agency for implementing and enforcing the federal plan for municipal solid waste landfills. This action targets landfills built on or before July 17, 2014, that have not undergone modification or reconstruction since then. The delegation became effective through a Memorandum of Agreement signed by Ohio EPA Director on June 12, 2025, and by the EPA Region 5 Regional Administrator on June 24, 2025. It withdraws Ohio's existing state plan for these facilities, replacing it with federal plan oversight administered by the state. This move streamlines enforcement of emission limits on landfill gases, including methane and nonmethane organic compounds, under the Clean Air Act. The significance lies in enhancing state-level administration while maintaining federal standards, potentially improving compliance and environmental protection in Ohio.
Background on Clean Air Act Section 111 and MSW Landfill Regulations
Section 111 of the Clean Air Act empowers the EPA to set performance standards for stationary sources of air pollution that may endanger public health or welfare. For new sources, these are New Source Performance Standards. For existing sources, known as designated facilities, the EPA issues Emission Guidelines that states use to develop plans. If a state does not submit an approved plan, the EPA implements a federal plan.
The regulations for municipal solid waste landfills originated in 1996 with New Source Performance Standards in 40 CFR part 60, subpart WWW, and Emission Guidelines in subpart Cc. Revisions in 2016 updated these to subparts XXX and Cf, respectively, imposing stricter controls on landfill gas emissions. The Emission Guidelines in subpart Cf apply to landfills constructed, reconstructed, or modified on or before July 17, 2014. They require monitoring, reporting, and controls to reduce emissions of methane, a potent greenhouse gas, and other pollutants.
In May 2021, the EPA finalized the federal plan in 40 CFR part 62, subpart OOO, for states without approved plans based on the 2016 guidelines. Technical amendments followed in February 2022. Ohio had an approved state plan from 1998, codified in Ohio Administrative Code Chapter 3745-76, but it needed updating to align with the revised guidelines. This led to Ohio's request to withdraw the old plan and assume delegation of the federal one.
Ohio EPA's Delegation Request and Memorandum of Agreement
Ohio EPA submitted its request on June 16, 2025, including a formal letter and supporting documents. The package demonstrated compliance with federal requirements for delegation, as outlined in the 2021 federal plan preamble. Key elements included proof of legal authority through Ohio's title V operating permits program, which incorporates federal requirements into facility permits.
The request also provided an inventory of 30 affected landfills in Ohio, detailing their emissions and existing controls. This inventory covered active sites and those that ceased operations but remain intact. Ohio EPA certified that a public hearing occurred on March 6, 2025, allowing stakeholder input.
Central to the submission was the Memorandum of Agreement, which specifies terms for delegation. It confirms Ohio EPA's resources for administration, enforcement mechanisms, and the effective date. The agreement excludes Indian lands, where EPA retains authority. As noted in the Federal Register, 'The MOA was signed by the Ohio EPA Director on June 12, 2025, and became effective upon the signature of the EPA Region 5 Regional Administrator on June 24, 2025.' This document formalizes the transfer, ensuring Ohio EPA handles permitting, monitoring, and compliance for designated facilities.
EPA's Evaluation and Rationale for Approval
The EPA reviewed Ohio's submission against Clean Air Act section 111(d) and regulations in 40 CFR parts 60 and 62. A Technical Support Document in the docket details this analysis, confirming Ohio met all criteria. For instance, Ohio demonstrated adequate staffing and resources for timely permit issuance and compliance monitoring.
The approval withdraws the 1998 state plan, effective October 6, 1998, and replaces it with the federal plan under subpart OOO. This aligns Ohio with updated standards, addressing gaps in the older plan. The Federal Register states, 'EPA has evaluated Ohio EPA's submittal for consistency with the CAA, EPA regulations, and EPA policy. EPA determined that Ohio EPA has met all the requirements of EPA's guidance for obtaining the delegation of authority to implement and enforce the Federal plan.'
No changes to regulated sources or requirements occur, the action merely shifts implementation from federal to state hands. The EPA justified bypassing notice and comment under the Administrative Procedure Act, citing prior public input on the federal plan and Ohio's own hearing process. This 'good cause' finding emphasizes the ministerial nature of codifying an already effective delegation.
Implications for Affected Facilities and Broader Context
In Ohio, the delegation impacts 30 municipal solid waste landfills, requiring them to adhere to emission controls, monitoring, and reporting under the federal plan. Facilities must install gas collection systems if emissions exceed thresholds, reducing methane releases that contribute to climate change and air quality issues.
From a legal perspective, this fits within precedents like the 2016 guideline revisions, which faced challenges but were upheld. Politically, it reflects ongoing tensions between federal oversight and state autonomy in environmental regulation. States like Ohio benefit from localized enforcement, potentially leading to better compliance through familiar regulators. However, critics might argue it risks inconsistent application if state resources falter.
Environmental groups often view such delegations positively for efficiency, while industry stakeholders appreciate reduced federal bureaucracy. The Clean Air Act's framework balances these by allowing EPA to revoke delegation if needed.
The rule includes standard reviews under executive orders, confirming no significant economic impacts or unfunded mandates. It does not alter energy supply or involve technical standards, focusing solely on administrative transfer.
In summary, this delegation enhances Ohio's role in regulating landfill emissions, ensuring continued progress under federal standards. Potential next steps include Ohio EPA issuing updated permits and monitoring compliance. Ongoing debates may center on further guideline updates or climate-focused enhancements, with challenges arising from resource allocation or legal disputes over methane regulations. Trajectories could involve increased state-federal collaboration or adjustments based on emerging air quality data.
