United States Environmental Protection Agency 
Solid Waste and Emergency Response
Office of Solid Waste (5305W)
EPA530-F-98-024
Note:  Office of Solid Waste, OSW, was renamed Office of Resource Conservation and Recovery, ORCR, on January 18, 2009
                                                         
October 1998

Environmental Fact Sheet: Procedures for Approving State
Subtitle D Landfill Permitting Programs
             
             
In conjunction with the Environmental Protection Agency's
(EPA's) requirements governing Subtitle D landfills, this
action is a major effort to improve the safety of solid
waste landfills nationwide. It provides states with approved
permit programs flexibility in the way they choose to
incorporate the federal requirements into their own solid
waste management programs.
             
             
Action

Under the authority of the Resource Conservation and
Recovery Act (RCRA), EPA sets environmental standards to be
met by municipal solid waste landfills (MSWLFs) and
nonmunicipal, nonhazardous disposal units that may receive
conditionally exempt small quantity generator waste. RCRA
requires states to adopt and implement permit programs to
ensure that landfills in their states comply with the
relevant federal standards. The law also requires EPA to
determine whether state permit programs are adequate to
ensure such compliance. This rule establishes the procedures 
for EPA to use in approving these state programs.

For their permit programs to be approved, states must
provide opportunities for public involvement during the
permit application process. In addition, states must have
the power to issue permits and perform compliance monitoring
and enforcement actions that ensure compliance with the
federal standards.  EPA's regional administrators have the
authority to determine the adequacy of a permit program, as
well as to withdraw approval  of a program. If a state's
program approval is withdrawn, the state may address the
issues that led to the withdrawal and reapply for approval.

In states with no approved permitting program, Subtitle D
landfill owners and operators must follow the specific,
self-implementing provisions of the federal requirements.
States with approved programs have the authority to allow
significant flexibility to owners and operators in the way
the federal standards are met. This flexibility can often
reduce the financial burden associated with meeting the
federal requirements. While this rule was under development,
EPA used a draft version to approve state municipal solid
waste landfill permitting programs. Consequently, MSWLF
permitting programs have EPA approval in the majority of
states. 

This final rule confirms the permit program approval process
for future applicants, provides a flexible framework for
modifying approved programs, and establishes procedures for
approval withdrawals.
 

For More Information

This fact sheet is available in electronic format on the
Internet at <www.epa.gov/oswer/non-hw/muncpl/landfill.htm>.
Write to the RCRA
Information Center (5305W), US EPA, 401 M Street, SW,
Washington, DC 20460. Address e-mail to
rcra-docket@epamail.epa.gov.