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Revisions to Criteria for MSW Landfills: Proposed & Final Rules, July 29, 1997

The Land Disposal Program Flexibility Act of 1996 (LDPFA) directed the Administrator of the US Environmental Protection Agency (EPA) to provide additional flexibility to Approved States for any landfill that receives 20 tons or less of municipal solid waste per day. The additional flexibility applies to alternative frequencies of daily cover, frequencies of methane monitoring, infiltration layers for final cover, and means for demonstrating financial assurance. The additional flexibility will allow the owners and operators of mall municipal solid waste landfills (MSWLF's the opportunity to reduce their costs of MSWLF operation while still protecting human health and the environment. This direct final rule recognizes, as did Congress in enacting the LDPFA, that these decisions are best made at the State and local level and, therefore, offers this flexibility to approved States.

Proposed Rule

EPA is promulgating the above amendment as a final rule without prior proposal because EPA views this as a noncontroversial action that in effect, codifies a legislative directive. Thus, we anticipate no adverse comments. A detailed rationale for the amendment is set forth in the preamble to the direct final rule. If no adverse comments are received in response to this proposal, no further activity is contemplated regarding this proposed rule. If EPA receives adverse comments, EPA will withdraw the final rule and all public comments received will be addressed in a subsequent final rule based on the proposed rule. EPA will not institute a second comment period on this action.

Rule, Proposed Rule, and Supplemental Documents

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