United States
Environmental Protection
Agency
Solid Waste and
Emergency Response
(OS-305)
EP530-F-93-013
July 1993
Office of Solid Waste
&EPA
Environmental
Fact Sheet
Proposed Extension of Some
Effective Dates in Federal
Landfill Regulations
Background
On October 9, 1991, the Environmental Protection Agency (EPA) issued
regulations for municipal solid waste landfills. The federal requirements
cover location restrictions, facility design and operations, ground-water
monitoring, corrective action measures, conditions for closing and
performing post-closure care, and provisions for assuring financial
responsibility.
Since October 1991, the Agency has received information describing
difficulties many communities —particularly small ones—are
experiencing in meeting some compliance dates. EPA continues to be
concerned about the problems communities face in managing their solid
waste, and proposes to amend certain effective dates in the federal
regulations.
In addition, the U.S. Court of Appeals for the District of Columbia
Circuit (Natural Resources Defense Council v. EPA) directed EPA to
eliminate an exemption from ground-water monitoring for very small
landfills in arid and remote locations. As a result, the Agency proposes
to modify these requirements, along with their relevant compliance
dates.
Action
EPA proposes to allow certain small landfill owners/operators additional
time to prepare for implementing the federal regulations. The proposal does
not change the basic requirements for managing landfills. The .standards
continue to ensure the safe management of municipal solid waste. EPA
proposes:
• To postpone the effective date of the federal standards, for
existing, smaller landfills, from October 9, 1993 to April 9, 1994.
This extension applies to landfills that: (1) accept 100
tons or less of waste per day; (2) are in a state that has submit-
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ted an application to EPA for approval of its permit program by
October 9, 1993; and (3) are not on the Superfund National
Priorities List.
Because of the recent court ruling, the Agency plans:
• To delete the current exemption from the ground-water
monitoring requirements, and to extend the effective date of the
federal regulations to October 9, 1995, for those landfills that
previously qualified for the exemption (see qualifications in 40
CFR 258. l(f)). This additional time will give these small
communities time to make practical, economic decisions about
managing their solid waste.
In addition, to the six-month extension for smaller landfills, the
Agency proposes extensions regarding financial assurance and closure
requirements for all existing landfills. This action proposes:
• to delay the financial assurance requirements for one year, from,
April 9, 1994 to April 9, 1995. This extra time should allow EPA
to promulgate financial tests that provide significant cost
savings to landfill owners and operators.
• to extend the cover installation time for landfills that stop
receiving waste before the effective date. These landfills may have
until October 9, 1994, to install a cover that meets the federal
requirements.
Because the effective date of the federal regulations currently is set
for October 9, 1993, the Agency needs to finalize this action as soon as
possible. Comments on the proposal will be accepted only for 30 days
following publication in the Federal Register. Interested parties are
encouraged to provide comments on all aspects of this action.
Contact
For additional information or to order a copy of the Federal Register
notice, contact the RCRA Hotline, Monday-Friday, 8:30 a.m. to 7:30
p.m. EST. The national, toll-free number is (800) 424-9346; TDD (800)
553-7672 (hearing impaired); in Washington, D.C., the number is (703)
412-9810, TDD (703) 412-3323.
Submit an original and two copies of comments to: RCRA Docket
No. F-93-XMLP-FFFFF, U.S. EPA, Office of Solid Waste (OS-305), 401
M Street SW, Washington, D.C. 20460. The Docket Number must ap-
pear on all correspondence.
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NATIVE AMERICAN NETWORK
Clem Eggcr
(Region 4)
Clem comes to Region 4 from Kansas
City where he worked in EPA's Solid
Waste Division. A civil engineer, Clem
also worked for several consulting firms
in sewage and water, and was City Engi-
neer for Paola, Kansas. He had his own
consulting firm for many years before
returning to EPA as a SEE.
Clem joined the circuit rider program in
January 1993. He's assisting the five
tribes in Region 4 (the Eastern Band of
Cherokee Indians in North Carolina, the
Poarch Band of Creek Indians in Ala-
bama, the Seminole and Miccousukee
tribes in Florida, and the Mississippi
Band of Choctaw Indians) on a variety
of solid waste issues.
Clem can be reached at 404-347-2091.
Will Lemmond
(Region 6)
Will has been in the SEE program in Re-
gion 6 since 1989; he became a Solid
Waste Circuit Rider in May 1992. Since
that time, he has visited approximately
60 of the 68 federally recognized tribes
in the Region.
Will is a mechanical engineer who
worked in a variety of oil production re-
lated fields until he retired in 1988.
Will has been largely responsible for
raising tribal awareness of solid waste
management issues, particularly the im-
pact of the new federal landfill require-
ments. TWo Region 6 tribes have
submitted preliminary draft applica-
tions to EPA for permit program ap-
proval; six others have indicated their
intent to submit applications. Under
this guidance, other tribes are busy de-
veloping solid waste management
plans, waste codes, and ordinances.
Will can be reached at 214-655-6752.
Ira Salvini
(Region 7)
Ira Salvini, a Pauite from the Pyramid
Lake Indian Reservation in Nixon, Ne-
vada, brings to the Circuit Rider pro-
gram, years of experience as an
educator at Haskell Indian Junior College.
Ira joined the program in February 1992
and has met with all eight Region 7
tribal leaders. With the tribes, he devel-
oped an interagency agreement, which
provides training and seminars for tribal
environmental planners on solid waste
management. He is presently working
with three tribes in the development of
solid waste management plans.
When not "riding the circuit," Ira spends
his time collecting old pictures of Haskell
Institute, attending Indian Pow Wows,
fishing, and restoring antique cars.
Ira can be reached at 913-551-7817.
Al Latourette
(Region 10)
Al, a forester, spent 15 years with the U.S.
Forest Service in timber management on
the Oregon coast After leaving federal
service, he did forestry consulting, volun-
teer work with local conservation groups,
taught at a local community college,
worked as a consulting forester, and
played in dixieland jazz bands from St.
Louis to San Diego.
Al works with the tribes in the states of
Washington, Oregon, and Idaho. He pro-
vides outreach and training on the landfill
rules; explains how solid waste practices
affect water quality; and keeps Region 10's
Reservation Profile-a data base and solid
waste survey-current
Al can be reached at 206-553-8202.
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NATIVE AMERICAN NETWORK
Editor's Note:
The views expressed in Native American Network are those of the authors, and do not
necessarily reflect or represent EPA policy. The intent of Native American Network is to
provide a diverse array of information for those interested in environmental issues in
Indian country, and to provide a forum for information exchange among tribal govern-
ments, EPA, other federal agencies, and state and local governments.
U.S. Environmental Protection Agency
Office of Solid Waste (OS-305)
401 M Street. SW
Washington, DC 20460
Official Business
Penalty for Private Use $300
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