United States ... , . ,. Solid Waste and
Environmental Protection Emergency Response EPA530-F-95.-007
Agency (5305W) January 1996
Office of Solid Waste ~~~ ' • . ., . - • " :
4>EPA Environmental
Fact Sheet
Proposed Procedures and Criteria for
Determining Adequacy of State/Tribal
Municipal Solid Waste Landfill
Permitting Programs
Action
In October 1991, the Environmental Protection Agency (EPA) issued design and
operating requirements for municipal solid waste landfills (MSWLFs). These re-
quirements, the Solid Waste Disposal Facility Criteria, are codified as Part 258 in
Title 40 of the Code of Federal Regulations. The federal Resource Conservation and
Recovery Act (RCRA), as amended, requires states to adopt and implement permit
programs to ensure that MSWLFs which may receive hazardous waste from house-
holds or from conditionally exempt small quantity generators comply with the
Criteria. RCRA requires EPA to determine whether state permit programs are
adequate to ensure that MSWLFs comply with the Criteria. The proposed State/
Tribal Implementation Rule (STIR) will establish the criteria arid procedures for
EPA to use in determining whether state and tribal permit programs are adequate
to ensure that MSWLFs comply with the Criteria.
For their permit programs to be approved, as adequate, states and tribes must
provide opportunities for public involvement during the permit application process.
In addition, states and tribes must have the power to issue permits and perform
compliance monitoring and enforcement actions that ensure compliance with the
Criteria. EPA's Regional Administrators have the authority to determine the ad-
equacy of a permit program, as well as to withdraw approval of a program. States
and tribes may subsequently apply or reapply for approval.
The advantage of having an EPA-approved permitting program is the substan-
tial flexibility provided to approved states and tribes under the Criteria. While the
Criteria automatically apply to all MSWLFs, states and tribes with EPA-approved
permit programs have the authority to provide flexibility to landfill owners and
operators in meeting the Criteria. For example, approved states and. tribes have
flexibility to consider alternative designs to MSWLFs as long as the designs meet
specified performance standards. This flexibility is not available where a state or
tribe does not have an approved permitting program; landfill owners/operators
must meet the specific design and operating requirements set out in. the Criteria. .
To allow states and tribes to take advantage of the flexibility available to ap-
proved permit programs, EPA decided to expedite the permit program review pro-
V " ' ' / ' . - •' ,-'..-''•••.''
-------
cess by relying on the draft STIR in approving state and tribal programs. Using the
draft STIE as guidance, BPA.now has approved over 45 state/tribal permit programs
*
Conclusion
In conjunction with the federal landfill Criteria, this proposal is a major effort to
ensure the safety of municipal solid waste landfills, while providing ample flexibility
to states and tribes for incorporating the provisions of the Criteria into their own
permit programs with minimal disruption to thosei programs.
More Information
The Federal Register (FR) notice and this fact sheet are available in electronic
format on the Internet system through the EPA public access server. The FR notice
is under Rules, Regulations, and Legislation; this fact sheet is under EPA Offices
and Regions. For additional information or to order paper copies of these documents,
call the RCEA Hotline at 1-800-424-9346 or TDD 1-800-553-7672 (hearing impaired).
Both documents also are available electronically through INDIANnet, operated by
Americans for Indian Opportunity. (For more information and assistance with using
INDIANnet, call 1-600-341-9642.)
Copies of documents applicable to this rule may be obtained by writing: RCRA
Information Center (RIC), U.S.. Environmental Protection Agency, Office of Solid
Waste (5305W), 401M Street SW, Washington, D.C, 20460.
------- |