United States Solid Waste and EPA530-F-98-024
Environmental Protection Emergency Response October 1998
Agency (5305W) www.epa.gov/osw
Office of Sol id Waste
svEPA Environmental
Fact Sheet
Procedures for Approving State
Subtitle D Landfill Permitting Programs
In conjunction with the Environmental Protection Agency's (EPA's) requirements
governing Subtitle D landfills, this action is a major effort to improve the safety of solid
waste landfills nationwide. It provides states with approved permit programs flexibility in the
way they choose to incorporate the federal requirements into their own solid waste
management programs.
Action
Under the authority of the Resource Conservation and Recovery Act (RCRA), EPA sets
environmental standards to be met by municipal solid waste landfills (MSWLFs) and
nonmunicipal, nonhazardous disposal units that may receive conditionally exempt small
quantity generator waste. RCRA requires states to adopt and implement permit programs
to ensure that landfills in their states comply with the relevant federal standards. The law
also requires EPA to determine whether state permit programs are adequate to ensure
such compliance. This rule establishes the procedures for EPA to use in approving these
state programs.
For their permit programs to be approved, states must provide opportunities for public
involvement during the permit application process. In addition, states must have the
power to issue permits and perform compliance monitoring and enforcement actions that
ensure compliance with the federal standards. EPA's regional administrators have the
authority to determine the adequacy of a permit program, as well as to withdraw approval
of a program. If a state's program approval is withdrawn, the state may address the issues
that led to the withdrawal and reapply for approval.
In states with no approved permitting program, Subtitle D landfill owners and
operators must follow the specific, self-implementing provisions of the federal
requirements. States with approved programs have the authority to allow significant
flexibility to owners and operators in the way the federal standards are met. This
flexibility can often reduce the financial burden associated with meeting the federal
requirements. While this rule was under development, EPA used a draft version to
approve state municipal solid waste landfill permitting programs. Consequently, MSWLF
permitting programs have EPA approval in the majority of states.
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This final rule confirms the permit program approval process for future applicants,
provides a flexible framework for modifying approved programs, and establishes
procedures for approval withdrawals.
For More Information
This fact sheet is available in electronic format on the Internet at
. For additional information or to order
copies of this or any other document, call the RCRA Hotline. Callers within the
Washington Metropolitan Area must dial 703-412-9810 or TDD 703-412-3323 (hearing
impaired). Long-distance callers may call 1-800-424-9346 or TDD 1-800-553-7672. The
RCRA Hotline operates weekdays, 9:00 a.m. to 6:00 p.m. Write to the RCRA Information
Center (5305W), US EPA, 401 M Street, SW, Washington, DC 20460. Address e-mail to
rcra-docket@epamail.epa.gov.
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