Are methane processes at landfills subject to RMP?

Some landfills collect methane gas and either vent, flare, or store it for subsequent fuel use.  Are methane processes at landfills subject to the requirements of the EPA Risk Management Program?

In general, methane processes at landfills will not be covered under the Risk Management Program. Methane that is collected and subsequently used as fuel at the site is excluded from coverage under the Risk Management Program by the provisions of the Chemical Safety Information, Site Security, and Fuels Regulatory Relief Act, which excludes from RMP coverage flammable substances that are used as fuel or sold as fuel at a retail facility.  Landfill methane that is not used as fuel or sold would be covered if the amount in the collection process exceeded 10,000 pounds.  However, EPA estimates that it would require many miles of collection piping to exceed that threshold quantity.  Therefore, unless a landfill owner/operator collects and stores more than 10,000 pounds of methane in a process for some use other than fuel use or retail sale, EPA expects that landfills will generally not be subject to the Risk Management Program.