3624. CRITERIA FOR MUNICIPAL SOLID WASTE LANDFILLS (SECTION 610 REVIEW) 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. Timetable: ________________________________________________________________________ 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. Note: Office of Solid Waste, OSW, was renamed Office of Resource Conservation and Recovery, ORCR, on January 18, 2009 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. Note: Office of Solid Waste, OSW, was renamed Office of Resource Conservation and Recovery, ORCR, on January 18, 2009 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 703 412-3323. 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, [hlustick.dwight@epa.gov] Note: Office of Solid Waste, OSW, was renamed Office of Resource Conservation and Recovery, ORCR, on January 18, 2009 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) _______________________________________________________________________