United States Solid Waste and
Environmental Protection Emergency Response EP530- F-93-024
Agency (OS-305) September! 993
Office of Solid Waste
SEPA Environmental
Fact Sheet
Some Deadlines in Federal
Regulations Extended for Small
Landfills; Extra Time Provided to
Landfills in Midwest Flood Regions
Action
On October 9, 1991, the Environmental Protection Agency (EPA)
issued regulations for municipal solid waste landfills (MSWLFs). These
regulations contain location restrictions, facility design and operations
requirements, ground-water monitoring, corrective action measures,
conditions for closing and performing post-closure care, and provisions
for assuring financial responsibility. For the most part, landfill owners/
operators must comply with the federal requirements by October 9,
1993.
Recognizing that a variety of circumstances is hampering some
communities' abilities to comply by then, the Agency is providing
additional time for certain landfills. In particular, the extensions apply
to smaller communities nationwide and to landfills in the Midwest that
are experiencing a strain on their disposal capacity because of the
1993 flood.
• The effective date of the federal MSWLF Criteria for existing,
smaller landfill units, is changed from October 9, 1993 to April 9,
1994. This extension applies to landfills that: (1) accept less than
100 tons of waste per day; (2) are in a state that has submitted
an application to EPA for approval of its permit program by
October 9, 1993, or are located on Indian lands or Indian
Country; and (3) are not on the Superfund National
Priorities List.
• The effective date may be extended up to April 9, 1994 for
any size existing landfill units and laterally expanding units in
the Midwest flood regions. This extension is available if the
landfill owner/operator's state determines that an extension is
needed for the landfill to accept flood-related waste from any of
the nine states within federally designated disaster areas. States
also may provide these same landfills with an additional six
months beyond April 9, 1994, to comply with the federal
regulations.
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• The financial assurance requirements for all landfills are delayed
for one year, from April 9, 1994 to April 9, 1995.
• The time to install a final cover is extended for landfills opting to
close before the compliance date. These landfills generally have
until October 9, 1994 to install a cover that meets the federal
Criteria. This extension is particularly useful to states in colder
regions, such as the Northeast.
• The current exemption from ground-monitoring requirements at
remote, very small landfills (see provisions in 40 CFR, Part
258.1(f)(l) is removed because of a recent Court decision. In
response to this decision, the effective date of the MSWLF
Criteria is extended to October 9,1995 for this group of landfills.
A detailed summary chart of changes to the effective dates is
attached.
Because state and tribal governments may have earlier effective
dates or other requirements, EPA strongly encourages owners and
operators of MSWLFs to consult with their state or tribe.
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.
Copies of documents applicable to this rulemaking may be obtained
by writing: RCRA Information Center (RIC), U.S. Environmental
Protection Agency, Office of Solid Waste (OS-305), 401 M Street SW,
Washington, D.C. 20460.
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October 1, 1993
SUMMARY OF CHANGES TO THE EFFECTIVE DATES OF THE MSWLF CRITERIA
(See the final rule and preamble published on October 1,1993 (58 FR 51536) for a full discussion of all changes and related conditions.)
General effective date.1
rhis is the effective date for
location, operation, design, and
closure/post-closure.
Date by which to install
Final cover if cease receipt
of waste by the general
effective date.
Effective date of ground-
water monitoring and
corrective action.
Effective date of financial
assurance requirements.
MSWLF units
accepting greater
than 100 TPD
October 9, 1993
October 9, 1994
Prior to receipt of waste
for new units; October 9,
1994 through October 9,
1996 for existing units
and lateral expansions
April 9, 1995
MSWLF units accepting 100
TPD or less; are not on the
NPL; and are located in a state
that has submitted an
application for approval by
10/9/93, or on Indian lands or
Indian Country
April 9, 1994
October 9, 1994
October 9, 1993 for new units;
October 9, 1994 through October 9,
1996 for existing units and lateral
expansions
April 9, 1995
MSWLF units that
meet the small landfill
exemption in 40 CFR
§258. l(f)
October 9, 1995
October 9, 1996
October 9, 1995 for new
units; October 9, 1995
through October 9, 1996 for
existing units and lateral
expansions
October 9, 1995
MSWLF units
receiving flood-
related waste
Up to October 9, 1994 as
determined by State
Within one year of date
determined by State; no
later than October 9,
1995
October 9, 1993 for new
units;
October 9, 1994 through
October 9, 1996 for
existing units and lateral
expansions
April 9, 1995
If a MSWLF unit receives waste after this date, the unit must comply with all of Part 258.
All other versions of this table, including the version in 58 FR 51536, are obsolete.
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