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EPA/SWER RIN: 2050-AE24 Publication ID: Fall 1997 
Title: Flexibility in Management Criteria for Small Municipal Solid Waste Landfills 
Abstract: On March 26, 1996, President Clinton signed into law the Land Disposal Program Flexibility Act of 1996 (LDPFA), H.R. 2036. Among other things, the LDPFA established a groundwater monitoring exemption for small municipal solid waste landfills (MSWLFs) located in dry or remote areas. EPA has revised the municipal solid waste disposal facility criteria (40 CFR part 258) to establish a groundwater monitoring exemption for these facilities (the codification rule). The LDPFA also requires EPA to revise the part 258 municipal solid waste disposal facility criteria to provide additional flexibility to small MSWLFs with respect to daily cover, the frequency of landfill gas monitoring, the use of an infiltration barrier in the final landfill cover, and the means for demonstrating financial assurance. These revisions must take into account climatic and hydrogeologic conditions and be protective of human health and the environment. EPA has begun work on a separate rulemaking to provide this flexibility while still ensuring protection of human health and the environment. ^PIn 1991, the Agency promulgated final municipal solid waste disposal facility criteria (40 CFR part 258), which established national minimum standards for municipal solid waste landfills (MSWLFs). The part 258 criteria provided an exemption from ground-water monitoring for small MSWLF units located in dry or remote areas. In providing this exemption, EPA sought to balance the protection of human health and the environment with the practicable capability of these small community landfill owners and operators. This ground-water monitoring exemption was vacated in 1993 by the U.S. Court of Appeals for the District of Columbia Circuit. ^POn August 10, 1995, the Agency proposed a new rule on alternative ground-water monitoring options for small MSWLFs located in dry or remote areas. The proposed rule would have provided small MSWLFs with flexibility in meeting the part 258 ground-water monitoring requirements. (cont) 
Agency: Environmental Protection Agency(EPA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Completed Actions 
Major: No  Unfunded Mandates: No 
CFR Citation: 40 CFR 258   
Legal Authority: 42 USC 6949a    Resource Conservation Recovery Act sec 4010   
Legal Deadline:
Action Source Description Date
Final  Statutory  Regulatory deadline  03/26/1998 
Other  Statutory  Regulatory deadline  10/09/1997 
Timetable:
Action Date FR Cite
NPRM  08/10/1995  60 FR 40799   
Final Action on Delay of Compliance Date  10/06/1995  60 FR 52337   
Final Action to Codify Legislation  09/25/1996  61 FR 50410   
Direct Final - Flexibility for MSWLFs  07/29/1997  62 FR 40708   
Additional Information: SAN No. 3546. ^P(ABSTRACT CONT) As a result of the enactment of the LDPFA and the re-establishment of the part 258 ground-water monitoring exemption for small MSWLFs located in dry or remote areas, many small landfills no longer need this flexibility because they are not be subject to the ground-water monitoring requirements. Therefore, the Agency has withdrawn the proposed rule on alternative ground-water monitoring options, in the codification rule. ^PRFA: N
Regulatory Flexibility Analysis Required: Yes  Government Levels Affected: Local, State, Tribal 
Small Entities Affected: Governmental Jurisdictions 
Included in the Regulatory Plan: No 
Agency Contact:
Allen Geswein
Environmental Protection Agency
Solid Waste and Emergency Response
5306W,
Washington, DC 20460
Phone:703 308-7261
Email: geswein.allen@epa.gov