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 ------- 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 ------- |