«EPA
United States Office of Solid Waste EPA 530-K-94-001
Environmental Protection and Emergency Response May 1994
Agency (5305)
Municipal Solid Waste
Landfill Permit Programs:
Printed on paper that contains at least 50% recycled paper.
program;
J Summarize EPA's requirements for approval of permit
programs; and
J Outline the process for applying for permit program
approval.
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Preface
A j / he U.S. Environmental Protection Agency (EPA) is
/ striving to improve the quality of municipal solid
-*. waste management practices across the country. We
recognize that we cannot achieve our goal alone. Federal, tribal,
state, and local governments, as well as the private waste
management industry, all have key roles in this effort.
Who Is Affected?
~r -j~ nder tribal, state, or local law, owners and operators of
/ / municipal solid waste landfills must comply with the
^—' respective tribal, state, or local regulations. Under federal
law, specifically Subtitle D of RCRA, owners and operators also
must comply with the new federal MSWLF criteria.
For purposes of the new federal MSWLF criteria, "municipal solid
waste landfills (MSWLFs)" means land disposal facilities that
receive household solid waste and which continued operation
after October 9, 1991. MSWLFs may be owned or operated by the
federal, tribal, state, or local governments; by private companies or
individuals; or by utilities or special authorities. (See references
listed at the end of this document or call the solid waste staff at
the EPA Regional Office for your tribe if you have specific
questions on the applicability of the federal landfill regulations.)
Why Should a Tribe Seek EPA Approval of Its
Permit Program? ^^^
~j * ermits issued under a landfill permitting program
i-— specify the requirements and conditions with which
-*- MSWLF owners and operators must comply. This allows the
permit to address the concerns and needs that are specific to the
particular facility being permitted. Requirements and conditions
can be written into the permit that are tailored to the specific
facility. This is a much more flexible approach than having a
single set of uniform requirements that all facilities must meet.
There is no federal permitting program for implementation of the
federal MSWLF criteria on tribal land. However, the criteria are
written so that MSWLF owners and operators can implement them
in either of two ways:
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1. An approved permitting program. Owners/operators
comply with an EPA-apprqyed tribal MSWLF permitting program.
Approval means that EPA .reviewed the tribal permitting program
and found that it is adequate to ensure compliance with the
federal criteria. The tribe would issue a permit to the owner and
operator, specifying general and facility-specific requirements
that the facility must meet in order to be in compliance with the
federal criteria. The owner and operator would carry out the
requirements of the permit issued by the EPA-approved tribal
permitting program. Tribes that both regulate and own or operate
landfills may need to address conflict of interest concerns in
regulating these facilities. Where a tribe operates an EPA-approved
permitting program, the tribe will be able to use its permitting
process to avail landfill owners and operators of additional
flexibility provided in the federal criteria. This flexible approach
can be beneficial to the owner/operator, to the tribe, and to the
tribal community.
2. No approved permitting program. If the tribe does not have
an EPA approved permit program, owners and operators self-
implement the federal criteria while also complying with all
relevant tribal regulations. However, the owner and operator
would not be able to take advantage of the flexibility available
within approved tribes.
A Tribe with an approved MSWLF permit program can provide
flexibility,in the standards for landfill operations.
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Three Options for Regulating MSWLFs on
Tribal Lands
J Develop a MSWLF permit program and apply for
program approval. One option available to tribes is to
develop a MSWLF permit program that ensures compliance
with the federal MSWLF criteria. The tribe then can choose to
submit an application to EPA for review. EPA will evaluate a
tribe's MSWLF permit program to decide if it is adequate to
ensure compliance. A complete program will include
requirements for designing and operating a landfill, as well as
all of the required elements of a permit program discussed
later in this booklet. However, if the tribe has a permit
program that does not address all of the federal MSWLF
criteria, the tribe may be eligible to apply for approval of a
partial program. Sections of regulation not included in partial
approval are self-implemented by landfill owners and
operators.
If a tribe wants to obtain permit program approval in the
future but does not have ordinances in place now, it may want
to begin developing environmental codes and, eventually, a
MSWLF permit program. When an adequate program is in
place, an application may be submitted to EPA for review.
J Develop an agreement with a state for joint regulation of
MSWLFs on tribal lands. Under this option, the tribe would
work with a state to develop a jointly implemented MSWLF
permit program. Cooperating with a state may require fewer
resources than developing a tribal program, but it also may
result in relinquishing some tribal authority to the state.
J Decide not to develop a program. Tribes, unlike states, are
not required to develop MSWLF permit programs. If a tribe
does not wish to develop an EPA-approved permit program,
landfill owners and operators will implement the federal
MSWLF criteria themselves. Tribes still may develop and
enforce their own environmental codes to regulate municipal
solid waste landfills, but owners/operators must continue to
comply with the federal criteria.
The chart on the following page summarizes the different program
options.
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Program Development Options
Option
Apply for full
or partial
program
approval
Cooperate
with the state
Decide not to
develop a
MSWLF permit
program for
EPA approval
Requirements Advantages/Benefits
Permit program Tribe can provide
flexibility to MSWLF
Tribal solid waste owners/operators
code that ensures
compliance with all or
most (partial program)
federal MSWLF
requirements
Enforcement authority
Resources and
expertise to run permit
program
Also required for
partial program
approval
Provisions not
included in the partial
program are a clearly
separable subset of 40
CFR Part 258 (federal
MSWLF criteria)
Two-year schedule for
revisions necessary to
obtain full approval
Permit program (tribe Tribe and state can
and/or state) pool resources and
Cocle(s) to ensure expertise
compliance with
federal MSWLF
requirements
Formal agreement
between state and
tribe
No action
Owners and operators
comply with the
federal MSWLF criteria
on their own
Limitations/
Problems
Requires sufficient
financial resources,
personnel, and
technical expertise
Could require
relinquishing some
tribal authority
Tribe has no
authority to
provide flexibility
to MSWLF owners/
operators
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EPA encourages tribes to consult with EPA regional solid waste
staff in deciding whether to apply for program approval. A list of
EPA contacts is provided at the end of this booklet.
What Are the Requirements for Program
Approval?
/f the tribe decides to apply for EPA approval, it must meet
certain requirements. First, the tribal permit program must
ensure compliance with the federal MSWLF criteria. Second,
it must demonstrate the authority to implement and enforce the
tribal MSWLF permit program. The authority may come from
relevant statutes, regulations, or enforceable guidance documents.
EPA's criteria for evaluating permit programs are based on the
draft State/Tribal Implementation Rule (STIR), which EPA plans to
promulgate in 1995. These requirements do not describe bow to
implement the technical landfill criteria, nor do they require
specific permitting procedures or enforcement actions. Instead,
they emphasize the elements of authority needed to enforce the
technical criteria. Each of these requirements is discussed below.
Ensuring Compliance with the Federal MSWLF
Criteria
The federal MSWLF criteria establish technical standards in six
areas that MSWLF owners and operators must meet:
_l Location
J Operation
-J Design
U Ground-water monitoring and corrective action
-J Closure and post-closure care
-i Financial assurance
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To obtain approval, tribal permit programs must ensure that
landfill owners and operators comply with all of the federal
MSWLF technical standards. However, the tribe's technical
standards do not have to mirror the federal requirements. That is,
a tribe can develop its own technical standards based on local
needs and conditions as long as these standards provide the same
level of protection as the federal criteria. In reviewing the tribal
application for program approval, EPA will evaluate whether the
technical MSWLF standards are adequate to ensure compliance
with federal standards. For example, the federal MSWLF criteria
have operating criteria that require owners/operators to cover
disposed solid waste with six inches of earthen material at the end
of each working day. Approved tribes may specify alternative
daily cover as long as the alternative meets the performance
standards specified in the federal criteria.
Implementing and Enforcing a MSWLF Permit
Program
In evaluating a tribal permitting program, EPA will determine
whether the tribe has the authority (in statutes, regulations, or
enforceable guidance) and organization to implement and
enforce the tribe's technical MSWLF requirements. The tribe
must show that the program includes authority and procedures
for:
J Permitting
J Compliance monitoring
J Enforcement
J Public participation
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Permitting
A tribe seeking approval is required to have a permit program or
another system of prior approval and conditions. A "system of
prior approval and conditions" may mean any authorization,
license, or equivalent control document issued under authority of
the tribe (or state/tribe in the case of a joint state/tribal program)
to regulate municipal solid waste landfills. We use the term
"permit" throughout this booklet only for convenience.
The tribe must show that it has the authority to issue enforceable
permits to ensure that landfill owners and operators comply with
the requirements of the tribe's MSWLF regulations. The tribal
permit program must contain a strategy to ensure that all existing
MSWLFs will obtain a permit. This strategy may include putting
existing landfills on a schedule to receive a permit, scheduling
review of existing permits, scheduling closure of landfills that are
unlikely to come into compliance with the MSWLF requirements,
or a combination of these approaches. In addition, the permit
program must require that all new landfills obtain a permit prior
to construction. The tribe also must have the authority to collect
from the facility owner or operator any information needed to
issue a permit.
Approved tribal permitting programs must require all new landfills to be permitted.
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Compliance Monitoring^
The tribe must have ,the authority to monitor facilities to determine
whether they are complying with the technical requirements of the .
federal MSWLF criteria. Specifically, the tribe must show that:
Li The tribe has the authority to:
• Collect relevant information from owners or operators;
• Conduct monitoring or testing to ensure compliance; and,
• Enter any site subject to the permit program or in which
records relevant to the operation of regulated facilities or
activities are kept.
j The permit program includes processes to:
• Inspect facilities to determine whether they are
complying with their permits;
• Verify the accuracy of information supplied by the owner
^ or operator;
• Verify the adequacy of the methods used by the owner
or operator to develop the information;
• Ensure consideration of information submitted by the
public; and,
• Supply adequate evidence to be used in enforcement
proceedings.
Enforcement
To obtain program approval, the tribe must have the authority to
take enforcement actions against any owner or operator who does
not comply with the requirements of the MSWLF permit
program. Specifically, the tribe must have the authority to use an
administrative or court order or a lawsuit to stop activities that
threaten human health or the environment. The tribe also must
be able to sue to stop violations of program regulations and
recover civil penalties.
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Public Participation
To be approved, the tribal permit program must ensure the
public's right to be involved in permitting decisions and
enforcement actions taken against violators of the MSWLF permit
program requirements. The permit program must provide for:
J Public review of and comment on permit documents;
-J Consideration of public comments;
•J Public notification of final permitting decisions; and
-J Citizen participation in the civil enforcement process.
How Does a Tribe Apply?
f-r-i o apply for approval of its MSWLF permit program, a
/ tribe must provide the documentation listed below in an
-*- application to EPA. This documentation should support the
application and show that the permit program meets the
requirements for approval.
-I A transmittal letter requesting program approval;
-I A narrative description of the permit program;
-J A legal certification asserting the tribe's jurisdiction;
J A map or legal description of the Indian lands over
which the tribe asserts jurisdiction;
-1 Copies of all applicable tribal statutes, regulations, and
guidance; and
J Copies of any agreements between the tribe and state
for implementing the MSWLF permit program on
Indian lands.
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As part of the legal certifieation mentioned above, the tribe must
demonstrate its ability to regulate and take enforcement actions
against activities of Indians" and non-Indians on Indian and fee
lands. The tribe can make this demonstration by explaining how
such activities would have a serious and substantial effect on the
health and welfare of the tribe. For more information on
documentation and EPA approval procedures, contact the
appropriate EPA Regional solid waste staff for a copy of the STIR
Manual for states and tribes. A good first step is to meet with, or
telephone, the EPA Regional Office before writing the first draft
of your application.
For Further Information
or more information on the federal MSWLF regulations
and program application procedures, see:
"Criteria for Solid Waste Disposal Facilities: A Guide for
Owners/Operators." EPA/530-SW-91-089
"Safer Disposal for Solid Waste: The Federal
Regulations for Landfills." EPA/530-SW-91-092
Solid Waste Disposal Facility Criteria, 56 PR 50978 -
51119, October 9, 1991 (also found at 40 CFR Part 258,
revised as of October 1993)
"Solid Waste Disposal Facility Criteria: Technical
Manual." EPA 530-R-93-017
"State/Tribal Implementation Rule Manual." (Contact
EPA Regional solid waste staff for a copy.)
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EPA Regional Solid Waste Contacts
U.S. EPA Region 1
Waste Management
Division (HI-CAN 6)
JFK Building
Boston, MA 02203
(617) 573-9656
U.S. EPA Region 2
Air & Waste Management
Division (2AWM-SW)
26 Federal Plaza
New York, NY 10278
(212) 264-0002
U.S. EPA Region 3
RCRA Solid Waste Program
(3HW53)
841 Chestnut Street
Philadelphia, PA 19107
(215) 597-7936
U.S. EPA Region 4
Waste Management
Division (4WD-RCRA-FF)
345 Courtland Street, NF.
Atlanta, GA 30365
(404) 347-2091
U.S. EPA Region 5
Waste Management
Division (H-7J)
77 West Jackson Blvd.
Chicago, IL 60604
(312) 353-4686
U.S. EPA Region 6
RCRA Programs Branch
First Interstate Bank Tower
1445 Ross Avenue,
Suite 1200
Dallas, TX 75202
(214) 655-6655
U.S. EPA Region 7
Waste Management
Division
726 Minnesota Avenue
Kansas City, KS 66101
(913) 551-7666
U.S. EPA Region 10
Hazardous Waste
Division (HW-114)
1200 Sixth Avenue
Seattle, WA 98101
(206) 553-2857
U.S. EPA Region 8
Hazardous Waste
Management
Branch (HWM-WM)
999 18th Street, Suite 500
Denver, CO 80202-2466
(303) 293-1661
EPA Region 9
Hazardous Waste
Management
Division (H-3-1)
75 Hawthorne Street
San Francisco, CA 94105
(415) 744-2074
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