vvEPA
United States
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
DIRECTIVE NUMBER: 9320.1-09
TITLE: Listing Municipal Landfills on the NPL
APPROVAL DATE: 8/21/87
EFFECTIVE DATE: 8/21/87
ORIGINATING OFFICE: Office of Solid Waste
0 FINAL
D DRAFT
STATUS:
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A- Pending OMB approval
B- Pending AA-OSWER approval
C- For review &/or comment
D- .In development or circulating
headquarters
REFERENCE (other documents):
OSWER OSWER OSWER
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Wasnwgton. DC 20400
OSWER Directive Initiation Request
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9320.1-09
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Provides cumulative guidance for listing municipal landfills on NPL
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, O.C. 20460
21 1987
MEMORANDUM
OFFICE OF
SOLID WASTE AND EMERGENCY RESPONSE
OSWER Directive 9320.1-09
SUBJECT: Listing Municipal Landfills on the N
FROM:
TO:
Henry L. Longest II, Director
Office of Emergency and Remedial
,?nse
Director/ Waste Management Division
Regions I, IV, V, VII, and VIII
Director, Emergency and Remedial Response Division
Reg'ion II
Director, Hazardous Waste Management Division
Region III and VI
Director, Toxics and Waste Management Division
Region IX
Director, Hazardous Waste Division
Region X
This memo is a followup to my October 24, 1986, memo (see
attached) regarding listing municipal landfills on the National
Priorities List (NPL). In that memo, I deferred listing
municipal landfills on Update 16 that did not have a clear
record of accepting hazardous waste. I believe it is important
to understand the intent of that memo, and clarify procedures
for submission of municipal landfills in the next proposed update.
the time I issued the October 1986 memo, it appeared
that municipal landfills were being submitted by the Regions in
increasing numbers. I wanted to ensure that these municipal
landfill sites were appropriate for Superfund remedial action.
Therefore, as a management tool, I required a clear record of
hazardous waste disposal for sites to be considered eligible
for the Update 16 proposed rulemaking.
As you are aware, at the time I issued the October 1986 memo,
the Agency had recently promulgated the RCRA Subtitle C deferred
NPL listing policy (51 FR 21054). The Office of Solid Waste
(OSW) will soon propose revisions to the. Subtitle D Criteria
for Classification of Solid Waste Disposal Facilities and
Practices set forth in 40 CFR Part 258. This rule will propose
specific requirements for new and existing municipal solid
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waste landfills, including ground water monitoring and corrective
action for these facilities. Municipal solid waste landfills that
close prior to the effective date of the rule are proposed to
be excluded from the rule. I viewed the RCRA Subtitle D
authority for municipal landfills as a possible corollary to
the RCRA Subtitle C deferred NPL listing policy.
It was our experience with Update 16 that the Regions
had difficulty documenting hazardous waste disposal at several
landfills even though there may have been an indication that
hazardous-substances were being released from the landfill.
It was not my intention in the October 1986 memo to defer from
placement on the NPL a serious environmental threat/ e.g., a
municipal landfill with a documented release of hazardous
waste or indication of the presence of hazardous waste. Rather
my intention was to- ensure that the Superfund program concentrate
on those sites that cannot-be addressed sufficiently through
another authority.
I continue" to believe it is important to ensure that the
Superfund program focuses on the cleanup of hazardous waste
sites that cannot be addressed sufficiently by another authority.
At the same time, however, I will not place restrictions that
impede the listing of serious public health or environmental
threats. Therefore, you may submit municipal landfills that
score above 28.50 for listing on the NPL without a record of
hazardous waste disposal. I request, however, that you'submit
a cover letter with each municipal landfill HRS package. , This
letter should discuss the site's history to indicate the types
of materials disposed at the site, any monitoring data indicating
a release from the site, and an assessment of the environmental
and public health risks at the site based on information contained
in the preliminary assessment, site inspection, and HRS package.
I- believe this approach will help us make better environmental
management decisions at municipal landfill sites.
We will closely follow the Subtitle D rule and will develop
an appropriate policy for municipal landfills prior to scoring
sites under the revised HRS.
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
i
WASHINGTON, D.C. 20460
OCT 241966
OSWER Directive 9320.1-08
OPPIC6 OP
SOLID WASTE AND EMERGENCY RESPONSE
MEMORANDUM
SUBJECT: Listing Municipal Landfills on the
FROM: Henry L. Longest II, Director
Office of Emergency and Remedial
TO: Director, Emergency and Remedial Response Division
Region II
Director* Hazardous Waste Management Division
Region III
Director, Waste Management Division
Region IV and V
Director, Toxics and Waste Management Division
Region IX
The purpose of this memo is to outline the Agency's
position regarding listing municipal landfills on the National
Priorities List (NPL). Municipal landfills, and private landfills
that accepted municipal waste, are being submitted by the Regions
for addition to the NPL in increasing numbers. As a result, the
Agency needs to evaluate whether municipal landfills that do not
have a clear record of accepting hazardous waste should be included
on the NPL. The current position, therefore, is that municipal
landfills that have a record of hazardous waste disposal will be
included in the next proposed update, to the NPL scheduled for
November. Those sites that have passed quality assurance review,
but for which no record of hazardous waste disposal exists, will
not be included in the next update, but rather will be set aside
while t£ie Agency develops a policy for listing these sites.
Since NPL updates occur more frequently than in the past, we
believe that temporarily setting aside sites that raise unresolved
policy issues will allow the proposal to move ahead while not
holding up sites for too long.
The specific sites in your Region that have been dropped
from consideration for Update #6 are listed in the attachment.
If additional information regarding hazardous waste disposal
at these sites can be obtained, please send it to Mr. Harold J.
Snyder, Chief, Discovery and Investigation Branch (WH-548E).
We believe that this issue is very important and are
interested in the Regional perspective. Consequently, if you
have any comments or questions regarding this issue, please forward
them to my office.
Attachment
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MUNICIPAL LANDFILLS WITHOUT A RECORD OF
HAZARDOUS WASTE DISPOSAL
. DEFERRED FROM UPDATE #6
REGION II
* Horstmann's Dump, East Hanover, NJ
• lalip Sanitary Landfill, Islip, NY
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MUNICIPAL LANDFILLS WITHOUT A RECORD OF
HAZARDOUS WASTE DISPOSAL
DEFERRED FROM UPDATE 16
REGION III
0 Novak Sanitary Landfill, Lehigh County, PA
0 Bush Valley Landfill, Abingdon, MD
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MUNICIPAL LANDFILLS WITHOUT A RECORD OF
HAZARDOUS WASTE DISPOSAL
DEFERRED FROM UPDATE #6
REGION IV
• Wingate Road incinerator Dump, Fort Lauderdale, FL
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MUNICIPAL LANDFILLS WITHOUT A RECORD OF
HAZARDOUS WASTE DISPOSAL
' - DEFERRED FROM UPDATE #6
REGION V
* Yeoman Creek Landfill, Waukengan, IL
/
• Hiraco Dump, Elkhardt, IN
0 DuPage City Landfill/Blackwell Forest, Warrenville, IL
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MUNICIPAL LANDFILLS WITHOUT A RECORD OP
HAZARDOUS WASTE DISPOSAL
DEFERRED FROM UPDATE #6
REGION IX
8 Fresno Sanitary Landfill, Fresno, CA
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