United States Solid Waste and EPA530-F-02-013
Environmental Protection Agency Emergency Response June 2002
(5305W) http://www.epa.gov
Office of Solid Waste
SERA Environmental
Fact Sheet
EPA Proposes Rule to Allow States to
Issue Research Development and
Demonstration Permits for Municipal
Solid Waste Landfills
The Environmental Protection Agency (EPA) is proposing this action to add
new provisions to the Criteria for Municipal Solid Waste Landfills (MSWLFs)
that will allow approved states to issue research, development and
demonstration (RD&D) permits for landfill operations. Today's action will
allow State Directors of approved states to issue permits waiving specific
requirements of the municipal solid waste landfill criteria in order to promote
innovative technologies, provided landfill operators demonstrate there will be
no increased risk to human health or the environment.
Background
On October 9, 1991, EPA issued revised Criteria for Municipal Solid Waste Landfills (56 FR
50978). These criteria, codified in 40 CFR part 258, establish minimum national standards to ensure that
"no reasonable probability of adverse effects on health or the environment" (56 FR 50979) will result
from solid waste disposal facilities receiving hazardous household waste and small quantity generator
hazardous wastes. Today, EPA is proposing a provision in the MSWLF criteria allowing for the issuance
of limited permits for research, development and demonstration projects. These provisions will allow
State Directors of apprved states to waive specific design and operational criteria, however, the following
requirements cannot be waived: location restrictions, ground water monitoring, corrective action, financial
assurance, exclusion of hazardous waste, and explosive gas controls.
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Action
EPA is proposing this rule in the Federal Register in order to allow the Director of an approved
state to issue research, development, and demonstration (RD&D) permits to owners and operators of
municipal solid waste landfills. The Director of a non-approved state would not have the option of issuing
RD&D permits. EPA is proposing this provision to stimulate the development of new
technologies and alternative operational processes for the landfilling of municipal solid waste. This
proposed rule would allow the state director to waive specific provisions in the MSWLF criteria,
including the (1) operating criteria in Subpart C of 40 CFR Part 258 except procedures for excluding
hazardous waste and explosive gas control; (2) all of the design criteria in subpart D of 40 CFR Part 258;
and (3) all of the closure and post-closure care criteria in subpart F of 40 CFR Part 258.
In order to issue a RD&D permit waiving any of these criteria, the state director must be satisfied that
a landfill operating under a RD&D permit will pose no additional risk to human health and the
environment beyond that which would result from a landfill operating under the current MSWLF criteria.
Today's proposal is modeled on the research, development and demonstration permit provisions in 40
CFR 270.65. That provision allows states with approved hazardous waste management programs to
issue RD&D permits for innovative and experimental treatment technologies or processes at hazardous
waste treatment facilities.
Respondents must send an original and two copies of their comments referencing docket
number F-2002-RDMF-FFFFF to: (1) if using regular US Postal Service mail: RCRA Docket
Information Center, Office of Solid Waste (5305G), U.S. Environmental Protection Agency
Headquarters (EPA, HQ), Ariel Rios Building, 1200 Pennsylvania Avenue, NW, Washington, DC
20460-0002, or (2) if using special delivery, such as overnight express service: RCRA Docket
Information Center (RIC), Crystal Gateway One, 1235 Jefferson Davis Highway, First Floor,
Arlington, VA 22202. Comments may also be submitted electronically through the Internet to:
rcradocket@epa.gov. Comments in electronic format should also be identified by the docket number F-
2002-RDMF-FFFFF and must be submitted as an ASCII file avoiding the use of special characters and
any form of encryption..
For More Information
The Federal Register Notice, this fact sheet and related documents are available in
electronic format at: . For
additional information, or to order paper copies of any documents, call the RCRA Call Center. Callers
within the Washington Metropolitan Area please dial 703-412-9810 or TDD 703-412-3323 (hearing
impaired). Long-distance callers please call 1-800-424-9346 or TDD 1-800-553-7672. The RCRA
Call Center operates weekdays, 9:00 a.m. to 5:00 p.m. Address written requests to: RCRA-
Docket@epa.gov or RCRA Information Center (5305W), 1200 Pennsylvania Avenue, NW,
Washington, DC 20460-0001.
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