PPC:
EPA: 530-R-93-004j
NTIS: PB93-922 410
"Effective Date Delayed for Certain MSWLFs"
(Key Words: MSWLF; Subtitle D)
QUESTION: EPA promulgated criteria for municipal solid waste
landfills in 1991 to provide minimum national performance
standards and to reduce the risk of harmful effects of solid
waste on human health and the environment (56 FR 50978; October
9,1991). Codified at 40 CFR Part 258, the municipal solid waste
landfill (MSWLF) regulations require landfill owners and
operators to comply with specific location restrictions,
operating criteria, design criteria, groundwater monitoring and
corrective action, closure and post-closure care, and financial
assurance criteria. These regulations establish a schedule of
compliance for owners and operators that spans several years.
EPA recently issued a rule changing the effective dates of the
federal MSWLF criteria for certain landfills (58 FR 51536;
October 1,1993). What specific changes to the MSWLF criteria
were finalized?
ANSWER: EPA recognized that a variety of circumstances made
compliance with the MSWLF criteria s October 9,1993, deadline
difficult for certain MSWLF owners and operators. Landfills in
smaller communities have encountered the most difficulty meeting
the deadline, despite good-faith efforts, because financial
conditions, legal challenges, and geography have created
significant obstacles to compliance. To provide regulatory
relief for owners and operators, EPA has changed some of the
effective dates of the MSWLF criteria. Specifically, limited
extensions have been provided for these existing smaller
landfills and for landfills accepting waste resulting from the
flooding in the Midwest. Additional extensions also have been
granted to all landfills required to comply with the financial
assurance and final cover regulations.
The Part 258 regulations required existing landfills to comply
with most requirements by October 9,1993. EPA has extended the
compliance date for eligible small landfills to April 9,1994.
Eligible landfills are those that accept less than 100 tons of
solid waste per day; are located in a state that has submitted an
application to EPA for approval of its permit program by October
9,1993, or are located on Indian lands or Indian country; and
are not on CERCLA s National Priorities List.
RO 13629

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PPC:
EPA: 530-R-93-004j
NTIS: PB93-922 410
In the October 1,1993, final rule, EPA also provided some
regulatory relief for MSWLFs accepting waste resulting from the
flooding in the Midwest. The effective date may be extended up
to April 9,1994, for existing landfills regardless of size, if a
landfill owner or operator s state determines that an extension
is needed to manage flood-related waste from federally designated
disaster areas. These states also may allow their landfills up
to six more months (beyond April 9,1994) to comply with the
federal regulations. Federal disaster areas covered by this
extension are in the states of Illinois, Iowa, Kansas, Minnesota,
Missouri, Nebraska, North Dakota, South Dakota, and Wisconsin.
For all landfills, the requirement to obtain financial assurance
has been delayed from April 9,1994, to April 9,1995. EPA
believes that the extension will allow adequate time to
promulgate a financial test for local governments and an
additional mechanism for corporations. EPA also has extended the
time allowed to install a final cover for those landfills that
cease receiving waste before the effective date of the
regulations. A final cover that meets the federal criteria in 40
CFR Sections 258.60(a) or (b) must be installed in most cases by
October 9,1994.
In response to a court decision, the exemption from groundwater
monitoring requirements for very small, arid, and remote
landfills has been removed. The effective date for landfills
previously qualifying for the exemption is October 9,1995. EPA
is still committed to investigating alternative groundwater
monitoring requirements for this group and will continue to
examine this issue.
The above summary represents an overview of the new federal
compliance dates. EPA strongly encourages owners and operators
of MSWLFs to consult with their state or tribal government as
they may have earlier effective dates or other requirements.
(October 1993 Hotline Monthly Report)
RO 13629

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