Because of the limited data available concerning solid waste facilities and practices other than MSWLFs, EPA has decided to revise the Part 257 Criteria in phases. The first phase revises the Criteria for MSWLFs. In August 1988, EPA proposed the revised Criteria for MSWLFS in the Federal Register. In addition to general environmental performance standards, this proposal calls for a notification requirement for industrial solid waste facilities and construction/demolition waste landfills. The data obtained through these notifications and from other ongoing and planned data collection efforts may lead to a second phase of Criteria revisions, which would address other types of solid waste management facilities and practices. II. SUMMARY OF THE RULE This proposed action would amend Part 257 by: 1) including information requirements for owners and operators of industrial solid waste disposal facilities and construction/demolition waste landfills and 2) excluding MSWLFs from Part 257. This action also would add a new Part 258 to propose specific requirements for MSWLFS, including those that co-dispose sewage sludge with household waste. In addition, landfills that receive ash residue from municipal waste combustion (MWC) facilities, including ash monofills (i.e., landfills that receive only ash), would be subject to these Criteria. The new Part 258 sets forth revised minimum criteria for MSWLFs, primarily in the form of performance standards, including location restrictions, facility design and operating criteria, closure and post-closure care, financial assurance, ground-water monitoring, and corrective action requirements. The primary goals of this rule are to establish standards that protect human health and the environment, provide flexibility to the States, and minimize disruption of current solid waste management practices by taking into account the practicable capability of the regulated community. Part 258 will be co-promulgated under the authorities of the Clean Water Act (CWA) and RCRA and, in part, will fulfill EPA's mandate to promulgate regulations governing the use and disposal of sewage sludge. A separate regulation for sludge monofills is being prepared for future proposal under the CWA. EPA is proposing to add to Part 257 a notification requirement applicable to owners and operators or industrial solid waste disposal facilities (landfills, surface impoundments, waste piles, and land application units) and construction/demolition waste landfills. The owner or operator of these facilities would be required to complete and submit a form to the State and EPA that would include basic information on facility type and location, waste type and volume, and management practices, as well as limited exposure data. The proposal would exempt MSWLFS from the Part 257 Criteria; these facilities would be covered by the proposed Part 258. In addition the proposal updates and Maximum Contaminant Levels (MCLs) for the ground-water to include MCLS established since the current criteria were promulgated. Part 258 sets forth minimum national criteria for the location, design operation, cleanup, and closure of new and existing MSWLFS, including those receiving sewage sludge from publicly owned treatment works (POTWS) and ash from MWC facilities. The revised Criteria would apply to all new and existing MSWLFS except those that close prior to the effective date of the rule. Under the proposal, the revised Criteria would be effective 18 months from when the Criteria revisions are finalized. In this Subpart, EPA has identified six types of locations for MSWLFS that require special siting restrictions and/or performance standards. These are: Proximity to Airports: New and existing MSWLF units 100-year Floodplains: New and existing MSWLF units located in the 100-year floodplain would be prohibited from restricting the flow of the 100-year flood, reducing the temporary water storage capacity of the floodplain, or resulting in the washout of solid waste so as to pose a threat to human health and the environment. (This Wetlands: New MSWLF units would not be allowed Fault Areas: New MSWLF units would be Seismic Impact Zones: New MSWLF units in a seismic impact area would be required to be designed to resist the maximum horizontal acceleration of hard rock at the site (i.e., ground motion from earthquakes). This provision only applies to new units. Unstable Areas: The owner or operator would be required to incorporate engineering components into the unit design to ensure the stability of a MSWLF unit located in an unstable area (e.g., Karst terrain, landslide-susceptible areas). Existing units would be required to close within five years unless: 1) the owner or operator demonstrates the structural integrity of the MSWLF, or 2) the State extends the deadline. The owner or operator of a MSWLF unit would be required to demonstrate to the State that the design at the proposed location is in compliance with the location restrictions. C. Subpart C -- Operating Criteria The requirements of this Subpart would apply to all new and existing MSWLFS. Operating criteria comprise four major components: Day-to-day operating criteria, closure, post-closure care, and financial assurance. a. Day-to-Day Operating Criteria Specific operating requirements would include the following, and apply to both new and existing MSWLFS: Explosive Gases Control: This provision would Air Criteria: These proposed requirements pro- Access Restrictions: The MSWLF owner or access, illegal dumping, and unauthorized vehicular traffic through use of natural and/or artificial barriers. Run-on/Run-off Control: The owner or operator would be required to design, construct, and maintain: 1) a run-on control system to prevent flow into active portions of the MSWLF during a 25-year storm, and 2) a run-off control system to collect and control at least the volume of water from a 24-hour, 25-year storm. Run-off would be handled in accordance with the surface water requirements described below. Surface Water Requirements: No MSWLF would be Liquids Restrictions: The intent of this provi- Recordkeeping: The owner or operator would be required to retain historical records, including ground-water and landfill gas monitoring, data; inspection records; State notification procedures; and closure and post-closure care plans. b. Closure Criteria The closure criteria are designed to minimize the need for maintenance after closure and minimize the formation and release of leachate and explosive gases to air, ground water, or surface water during the postclosure care period. The owner or operator would be required to submit a closure plan to the State for approval. Closure activity would be required to begin shortly after the final receipt of waste at that landfill. Upon closure, the owner or operator would be required to |