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Municipal Solid Waste Landfill Location Restrictions for Airport Safety

Technical Amendment - October 15, 2003

EPA is amending the location restriction section in the Criteria for Municipal Solid Waste Landfills (MSWLFs) under the Resource Conservation and Recovery Act (RCRA), in order to add a note providing information about landfill siting requirements enacted in the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (Ford Act). Today's amendment does not change existing criteria under RCRA with respect to siting MSWLF units. Background information for this notice is available through EPA's electronic public docket and comment system, Regulations.gov. The docket number is EPA-HQ-RCRA-2002-0034.

Federal Register Notice (PDF) (3pp, 169K, about PDF) - Technical Amendment

Withdrawal of Direct Final Rule - October 8, 2002

Due to adverse comment, EPA is withdrawing the direct final rule. We will address those comments in a subsequent final action based on the parallel proposal published on July 11, 2002 (67 FR 45948). As stated in the parallel proposal, we will not institute a second comment period on this action. Although EPA is issuing this withdrawal of its direct final rule, the new siting requirements enacted in the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century continue to remain in effect.

Federal Register Notice (PDF) (2pp, 161K, about PDF) - Withdrawal of Direct Final Rule

July 11, 2002

Summary of Rule

EPA is taking direct final action to amend the location restriction requirements in the criteria for municipal solid waste landfills (MSWLFs). EPA is amending this provision in order to incorporate new landfill siting requirements enacted in the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (Ford Act). The Ford Act siting restrictions apply to specified smaller public airports to address the potential hazard that birds attracted to MSWLFs may pose to aircraft operations. Today's amendment does not affect existing MSWLFs. EPA is publishing this rule without prior proposal because we view this as a noncontroversial amendment and anticipate no adverse comment. However, in the Proposed Rules section of today's Federal Register, we are publishing a separate document that will serve as the proposal to this rule in the event the public chooses to file adverse comments. In that event, we will address all public comments in a subsequent final rule based on the proposed rule and we will not institute a second comment period on this action. Any interested parties commenting must do so at this time.

Federal Register Notice: Direct Final Rule (PDF) (6pp, 181K, about PDF)

Federal Register Notice: Proposed Rule (PDF) (5pp, 177K, about PDF)

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