[GRRN] EPA Notice for Comments on Landfill Regulations

Gary Liss (gary@garyliss.com)
Wed, 15 Dec 1999 18:47:56

>From: Hood.Timonie@epamail.epa.gov

>>This is the Federal Register Notice and the associated Environmental
>>Fact Sheet in Word & Word Perfect. To make sure you receive it,
>>I've also copied it into the body of the e-mail. If you would like to
>>forward it, the easiest way to access the information is to go the
>>Office of Solid Waste Home page at http://www.epa.gov/osw and
>>click on "What's New" in the upper left, then scroll down to Nov.
>>29 for this information. Thank you for your interest!
>>Timonie Hood
>>EPA Region 9
>>(See attached file: lfcriteria.doc)(See attached file: lfcriteria.wpd)
>>(See attached file: lfstdsheet.doc)(See attached file: lfstdsheet.wpd)
>>United States Environmental Protection Agency
>>Solid Waste and Emergency Response
>>Office of Solid Waste (5305W)
>>November 1999
>>Environmental Fact Sheet: Municipal Solid Waste Landfill
>>Standards Available for Comment
>>The Regulatory Flexibility Act (RFA) requires federal
>>agencies to assess a proposed regulation's impact on small
>>businesses, small organizations, and small governmental
>>jurisdictions. Section 610 of that law also requires these
>>agencies to conduct periodic reviews of codified regulations
>>that have significant economic impacts on small entities.
>>This review, commonly called a "610 Review," must be
>>conducted by a rule's tenth anniversary. The Environmental
>>Protection Agency (EPA) provides public notice of 610
>>Reviews in its Regulatory Agenda, which is published twice a
>>year in the Federal Register.
>>EPA is conducting a 610 Review of the Solid Waste Disposal
>>Facility Criteria, which were issued on October 9, 1991.
>>Codified at 40 CFR Part 258, these Criteria set standards
>>for municipal solid waste landfills (MSWLFs) to ensure the
>>safe management of municipal solid waste (MSW). These
>>standards address the design, operation, and closure of MSW
>>landfills. They impose restrictions for locating landfills,
>>and they require ground-water monitoring and corrective
>>action if ground water becomes contaminated. While
>>considerable flexibility is provided to all MSWLFs, special
>>exemptions from design and ground-water monitoring
>>requirements are given to certain small MSWLFs. Small MSWLFs
>>are those that dispose of less than 20 tons of municipal
>>solid waste daily.
>>In accordance with Section 610, EPA solicits comments on the
>> - The continued need for the MSWLF Criteria;
>> - The nature of complaints or comments received
>> concerning the rule from the public since promulgation;
>> - The complexity of the rule;
>> - The extent to which the rule overlaps, duplicates, or
>> conflicts with other federal rules, and, to the extent
>> feasible, with state and local governmental rules; and
>> - The length of time since the rule has been evaluated or
>> the degree to which technology, economic conditions, or
>> other factors have changed in the areas affected by the
>> rule.
>>The Agency believes there is a continued need for federal
>>standards. If possible, this review aims to improve the
>>Criteria as well as to further reduce regulatory burdens.
>>EPA welcomes such suggestions and comments.
>>Commenters must send an original and two copies to: RCRA
>>Information Center (RIC), Office of Solid Waste (5305G),
>>U.S. Environmental Protection Agency Headquarters (EPA, HQ),
>>401 M Street, SW, Washington, DC 20460. Comments may also be
>>submitted electronically to: rcra-docket@epa.gov. All
>>comments must be identified by the docket number
>>F-1999-MLFN-FFFFF. Electronic comments 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 and this fact sheet are
>>available on the Internet at
>>For additional information or to order paper copies of any
>>documents, call the RCRA Hotline. Callers within the
>>Washington Metropolitan Area must dial 703-412-9810 or TDD
>>703-412-3323 (hearing impaired). Long-distance callers may
>>call 1-800-424-9346 or TDD 1-800-553-7672. The RCRA Hotline
>>operates weekdays, 9:00 a.m. to 6:00 p.m. Send written
>>requests to the RIC at the above addresses.
>>Priority: Info./Admin./Other
>>Legal Authority: 5 USC 610
>>CFR Citation: 40 CFR 258
>>Legal Deadline: None
>>Abstract: The Agency promulgated the Solid Waste Disposal Facility
>>Criteria; Final Rule on October 9, 1991 (56 FR 50978). These Criteria
>>established new national minimum standards for municipal solid waste
>>landfills (MSWLFs). The rule provides considerable flexibility for all
>>MSWLFs and contains a special exemption from the criteria's design and
>>groundwater monitoring requirements for owners and operators of certain
>>small MSWLF units. Small MSWLFs are defined as units that dispose of
>>less than twenty (20) tons of municipal solid waste daily.
>>The small landfill exemption in Part 258 was originally invalidated by
>>the United States Court of Appeals for the District of Columbia
>>Circuit. However, in enacting the Land Disposal Program Flexibility Act
>>of 1996 (LDPFA), Congress gave the statutory mandate for the exemption.
>>The LDPFA reinstated the exemption from groundwater monitoring for
>>qualifying small MSWLFs and EPA codified this requirement on September
>>25, 1996 (61 FR 50410). The LDPFA also directed the Agency to provide
>>additional flexibility to small MSWLFs in the form of the minimum
>>frequency of daily cover, the minimum frequency of monitoring for
>>methane in landfill gas, and the infiltration barriers in the final
>>cover. These requirements were codified on July 29, 1997 (62 FR 40708).
>>EPA delayed the effective date for compliance with the Financial
>>Assurance requirements of the MSWLF rules until April 10, 1998 by a
>>series of regulatory actions. The delayed effective date allowed EPA to
>>codify the provisions from the LDPFA and to finalize new options for
>>Financial Assurance tailored for local governments (61 FR 60328,
>>November 27, 1996) and for Corporate Owners and Operators (63 FR 17706,
>>April 10, 1998).
>>This new entry in the regulatory agenda announces that EPA will review
>>the Part 258 regulations pursuant to section 610 of the Regulatory
>>Flexibility Act (5 USC 610). EPA solicits comments on the following
>>factors; (1) the continued need for the rule, (2) the nature of
>>complaints or comments received concerning the rule from the public
>>since promulgation; (3) the complexity of the rule; (4) the extent to
>>which the rule overlaps, duplicates or conflicts with other Federal
>>rules, and, to the extent feasible, with State and local governmental
>>rules; and (5) the length of time since the rule has been evaluated or
>>the degree to which technology, economic conditions, or other factors
>>have changed in the area affected by the rule.
>>It is the Agency's view that there is a continued need for the rule;
>>however, the Agency welcomes suggestions for reducing any unnecessary
>>burden on small entities resulting from these rules. As detailed above,
>>the Agency has made continuing efforts to minimize the burden on the
>>owners and operators of small MSWLFs. This review is a major component
>>in further improvements and, if possible, further reductions in burden.
>>EPA will also welcome comments on any other aspect of the rule.
>>Action Date FR Cite
>>Begin Review 11/00/99
>>[[Page 65125]]
>>End Comment Time 02/00/00
>>End Review 10/00/00
>>Regulatory Flexibility Analysis Required: No
>>Government Levels Affected: Undetermined
>>Additional Information: SAN No. 4350
>>ADDRESSES: Commenters must send an original and two copies of their
>>comments referencing docket number F-1999-MLFN-FFFFF to : RCRA Docket
>>Information Center, Office of Solid Waste (5305G), U.S. Environmental
>>Protection Agency Headquarters (EPA,HQ), 401 M Street, SW, Washington,
>>DC 20460. Hand deliveries of comments should be made to the Arlington,
>>VA, address listed below. Comments may also be submitted electronically
>>to: rcra-docket@epa.gov. Comments in electronic format should also be
>>identified by the docket number F-1999-MLFN-FFFFF. All electronic
>>comments must be submitted as an ASCII file avoiding the use of special
>>characters and any form of encryption.
>>Commenters should not submit electronically any confidential business
>>information (CBI). An original and two copies of CBI must be submitted
>>under separate cover to: RCRA CBI Document Control Officer, Office of
>>Solid Waste (5305W), U.S. EPA, 401 M Street, SW, Washington, DC 20460.
>>Public comments will be available for viewing in the RCRA Information
>>Center (RIC), located at Crystal Gateway I, First Floor, 1235 Jefferson
>>Davis Highway, Arlington, VA. The RIC is open from 9 a.m. to 4 p.m.,
>>Monday through Friday, excluding federal holidays. To review docket
>>materials, it is recommended that the public make an appointment by
>>calling 703-603-9230. The public may copy a maximum of 100 pages from
>>any regulatory docket at no charge. Additional copies cost $0.15/page.
>>For information on accessing paper and/or electronic copies of the
>>document, see the Supplementary Information section.
>>For Further Information Contact: For general information, contact the
>>RCRA Hotline at 800 424-9346 or TDD 800 553-7672 (hearing impaired). In
>>the Washington, DC, metropolitan area, call 703 412-9810 or TDD 703
>>For information on specific aspects of this notice, contact Dwight
>>Hlustick, Office of Solid Waste (5306W), U.S. Environmental Protection
>>Agency, 401 M Street, SW, Washington, DC 20460, 703-308-8647,
>>Supplementary Information: The fact sheet is available in electronic
>>format on the Internet at http://www.epa.gov/epaoswer/non-hw/muncpl/
>>Agency Contact: Dwight Hlustick, Environmental Protection Agency, Solid
>>Waste and Emergency Response, 5306W, Washington, DC 20460
>>Phone: 703 308-8647
>>Fax: 703 308-8686
>>Email: hlustick.dwight@epa.gov
>>RIN: 2050-AE75
>>Environmental Protection Agency (EPA) Proposed Rule Stage
>>Resource Conservation and Recovery Act (RCRA)
>>begin 644 lfcriteria.doc
Gary Liss
Fax: 916-652-0485