United States Environmental Protection Agency
Solid Waste and Emergency Response (5305) 
EPA530-R-93-017
November 1993 
www.epa.gov/osw 

           SOLID WASTE DISPOSAL FACILITY CRITERIA 

                      Technical Manual 


                         DISCLAIMER 

The information in this document has been funded wholly or
in part by the United States Environmental Protection Agency
under Contract Number 68-WO-0025. Mention of trade names or
commercial products does not constitute endorsement or
recommendation for use.


                           NOTICE 

The policies set out in this manual are not final Agency
action, but are intended solely as guidance. They are not
intended, nor can they be relied upon, to create any rights
enforceable by any party in litigation with the United
States. EPA officials may decide to follow the guidance
provided in this memorandum, or to act at variance with the
guidance, based on an analysis of specific site
circumstances. The Agency also reserves the right to change
this guidance at any time without public notice.


                      TABLE OF CONTENTS

INTRODUCTION

CHAPTER 1.     SUBPART A
     1.1  INTRODUCTION
     1.2  PURPOSE, SCOPE, AND APPLICABILITY 
          40 CFR SECTION 258.1 (a)(b)
     1.3  PURPOSE, SCOPE, AND APPLICABILITY (cont.) 
          40 CFR SECTION 258.1 (c)-(e)
     1.4  SMALL LANDFILL EXEMPTIONS 40 CFR SECTION 258.1 (f)
     1.5  APPLICABILITY 40 CFR SECTION 258.1 (g)-(j)
     1.6  DEFINITIONS 40 CFR SECTION 258.2
     1.7  CONSIDERATION OF OTHER FEDERAL LAWS 
          40 CFR SECTION 258.3
     
CHAPTER 2.     SUBPART B
     2.1  INTRODUCTION
     2.2  AIRPORT SAFETY 40 CFR SECTION 258.10
     2.3  FLOODPLAINS 40 CFR SECTION 258.11
     2.4  WETLANDS 40 CFR SECTION 258.12
     2.5  FAULT AREAS 40 CFR SECTION 258.13
     2.6  SEISMIC IMPACT ZONES 40 CFR SECTION 258.14
     2.7  UNSTABLE AREAS 40 CFR SECTION 258.15
     2.8  CLOSURE OF EXISTING MUNICIPAL SOLID WASTE 
          LANDFILL UNITS 40 CFR SECTION 258.16
     2.9  FURTHER INFORMATION

CHAPTER 3.     SUBPART C
     3.1  INTRODUCTION
     3.2  PROCEDURES FOR EXCLUDING THE RECEIPT OF HAZARDOUS
          WASTE 40 CFR SECTION 258.20
     3.3  COVER MATERIAL REQUIREMENTS 40 CFR SECTION 258.21
     3.4  DISEASE VECTOR CONTROL 40 CFR SECTION 258.22
     3.5  EXPLOSIVE GASES CONTROL 40 CFR SECTION 258.23
     3.6  AIR CRITERIA 40 CFR SECTION 258.24
     3.7  ACCESS REQUIREMENT 40 CFR SECTION 258.25
     3.8  RUN-ON/RUN-OFF CONTROL SYSTEMS 40 CFR 
          SECTION 258.26 
     3.9  SURFACE WATER REQUIREMENTS 40 CFR SECTION 258.27
     3.10 LIQUIDS RESTRICTIONS 40 CFR SECTION 258.28
     3.11 RECORDKEEPING REQUIREMENTS 40 CFR SECTION 258.29
     3.12 FURTHER INFORMATION

CHAPTER 4.     SUBPART D
     4.1  INTRODUCTION
     4.2  PERFORMANCE-BASED DESIGN 40 CFR SECTION 258.40
     4.3  COMPOSITE LINER AND LEACHATE COLLECTION SYSTEM 
          40 CFR SECTION 258.40
     4.4  RELEVANT POINT OF COMPLIANCE 40 CFR 
          SECTION 258.40(d)
     4.5  PETITION PROCESS 40 CFR SECTION 258.40(e)
     4.6  FURTHER INFORMATION

CHAPTER 5.     SUBPART E
     5.1  INTRODUCTION   
     5.2  APPLICABILITY 40 CFR SECTION 258.50 (a) & (b)
     5.3  COMPLIANCE SCHEDULE 40 CFR SECTION 258.50 (c)
     5.4  ALTERNATIVE COMPLIANCE SCHEDULES 40 CFR 258.50
          (d)(e) & (g)
     5.5  QUALIFICATIONS 40 CFR 258.50 (f)
     5.6  GROUND-WATER MONITORING SYSTEMS 40 CFR 
          SECTION 258.51 (a)(b)(d)
     5.7  GROUND-WATER MONITORING WELL DESIGN AND
          CONSTRUCTION 40 CFR SECTION 258.51 (c)
     5.8  GROUND-WATER SAMPLING AND ANALYSIS REQUIREMENTS 
          40 CFR SECTION 258.53
     5.9  STATISTICAL ANALYSIS 40 CFR SECTION 258.53 (g)-(I)
     5.10 DETECTION MONITORING PROGRAM 40 CFR SECTION 258.54
     5.11 ASSESSMENT MONITORING PROGRAM 40 CFR SECTION
          258.55(a)-(f)
     5.12 ASSESSMENT MONITORING PROGRAM 40 CFR 
          SECTION 258.55(g)
     5.13 ASSESSMENT MONITORING PROGRAM 40 CFR 
          SECTION 258.55(h)-(j)
     5.14 ASSESSMENT OF CORRECTIVE MEASURES 40 CFR 
          SECTION 258.56
     5.15 SELECTION OF REMEDY 40 CFR SECTION 258.57 (a)-(b)
     5.16 SELECTION OF REMEDY 40 CFR SECTION 258.57 (c)
     5.17 SELECTION OF REMEDY 40 CFR SECTION 258.57 (d)
     5.18 SELECTION OF REMEDY 40 CFR SECTION 258.57 (e)-(f)
     5.19 IMPLEMENTATION OF THE CORRECTIVE ACTION PROGRAM 
          40 CFR SECTION 258.58 (a)
     5.20 IMPLEMENTATION OF THE CORRECTIVE ACTION PROGRAM 
          40 CFR SECTION 258.58 (b)-(d)
     5.21 IMPLEMENTATION OF THE CORRECTIVE ACTION PROGRAM 
          40 CFR SECTION 258.58 (e)-(g)
     5.22 FURTHER INFORMATION

CHAPTER 6.     SUBPART F
     6.1  INTRODUCTION
     6.2  FINAL COVER DESIGN 40 CFR SECTION 258.60(a)
     6.3  ALTERNATIVE FINAL COVER DESIGN 40 CFR 
          SECTION 258.60(b)
     6.4  CLOSURE PLAN 40 CFR SECTION 258.60(c)-(d)
     6.5  CLOSURE CRITERIA 40 CFR SECTION 258.60(e)-(j)
     6.6  POST-CLOSURE CARE REQUIREMENTS 40 CFR 
          SECTION 258.61
     6.7  POST-CLOSURE PLAN 40 CFR SECTION 258.61(c)-(e)
     6.8  FURTHER INFORMATION


                         APPENDICES 

CHAPTER 2 
APPENDIX I FAA Order 5200.5A

CHAPTER 3 
APPENDIX I - SPECIAL WASTE ACCEPTANCE AGREEMENT


                        INTRODUCTION 

     This manual was originally published in November, 1993
as a companion to the Criteria for Municipal Solid Waste
Landfills (MSWLF Criteria) that were promulgated on October
9, 1991 as 40 CFR Part 258. Since that time the MSWLF
Criteria have been modified several times due to statutory
revisions and court decisions that are discussed below. Most
of the modifications delayed the effective dates but all
provisions are now effective. All changes to the rule are
included in the text of the manual. The technical content of
the manual did not require revision and only typographical
errors were corrected.

     The manual is now available in electronic format and
can be accessed on the Environmental Protection Agency's
(EPA) web site <www.epa.gov/osw>.

Purpose of This Manual 

     This technical manual has been developed to assist
owners/operators of MSWLFs in achieving compliance with the
revised MSWLF Criteria. This manual is not a regulatory
document, and does not provide mandatory technical guidance,
but does provide assistance for coming into compliance with
the technical aspects of the revised landfill Criteria.


Implementation of the Landfill Criteria 

     The EPA fully intends that States and Tribes maintain
the lead role in implementing and enforcing the revised
Criteria. States will achieve this through approved State
permit programs. Due to recent decisions by the courts,
Tribes will do so using a case-by-case review process. [The
Agency originally intended to extend to Indian Tribes the
same opportunity to apply for permit program approval as is
available to States, but a court decision blocked this
approach. See the Tribal Process section below for complete
details.] Whether in a State or in Indian Country, landfill
owners/operators must comply with the revised MSWLF
Criteria. [EPA finalized several revisions to 40 CFR Part
258 on October 1, 1993 (58 FR 51536) and issued a correction
notice on October 14, 1993 (58 FR 53136). Questions
regarding the final rule and requests for copies of the
Federal Register notices should be made to the
RCRA/Superfund Hotline at 800 424-9346.


************************************************************
       EXAMPLE OF TECHNICAL AND PERFORMANCE STANDARDS
                 IN 40 CFR PART 258: Liners

     Technical standard:

     MSWLFs must be built with a composite liner
     consisting of a 30 mil flexible membrane liner
     over 2 feet compacted soil with a hydraulic
     conductivity of no more than 1x10^-7 cm/sec.

     Performance standard:

     MSWLFs must be build in accordance with a design
     approved by the Director of an approved State or
     as specified in 40 CFR Section 258.40(e) for
     unapproved States. The design must ensure that the
     concentration values listed in Table 1 of 40 CFR
     Section 258.40 will not be exceeded in the
     uppermost aquifer at the relevant point of
     compliance, as specified by the Director of an
     approved State under paragraph 40 CFR Section
     258.40(d).
************************************************************


     State Process 

     The Agency's role in the regulation of MSWLFs is to
establish national minimum standards that the states are to
incorporate into their MSWLF permitting programs. EPA
evaluates state MSWLF permitting programs under the
procedures set out in 40 CFR Part 239, "Requirements for
State Permit Program Determination of Adequacy," proposed on
January 26, 1996 (61 FR 2584), to determine whether programs
are adequate to ensure that MSWLF owners/operators comply
with the federal standards. As of early 1998, 40 States and
Territories had received full approval and another seven had
received partial approval.

     If their permitting programs have been approved by EPA,
States can allow the use of flexible performance standards
established in 40 CFR Part 258 in addition to the
self-implementing technical standards for many of the
Criteria. Approved States can provide owners/operators
flexibility in satisfying the location restrictions,
operating criteria, and requirements for liner design,
ground-water monitoring, corrective action, closure and
post-closure care, and financial assurance. This flexibility
allows for the consideration of site-specific conditions in
designing and operating a MSWLF at the lowest cost possible
while ensuring protection of human health and the
environment. In unapproved states, owners/operators must
follow the self-implementing technical standards.

     EPA continues to work with States toward approval of
their programs and recommends that owners/operators stay
informed of the approval status of the programs in their
State. States may be in various stages of the program
approval process. The majority of states have received full
program approval and others have received "partial" program
approval (i.e., only some portions of the State program are
approved while the remainder of the program is pending
approval). Regardless of a State's program approval status,
landfill owners/operators must comply with the Criteria.
States can grant flexibility to owners/operators only in the
areas of their program that have been approved. For example,
a state in which only the ground-water monitoring area of
the permitting program has been approved by EPA cannot grant
owners/operators flexibility to use alternative liner
designs.

     States are free to enact landfill regulations that are
more stringent than the MSWLF Criteria. Certain areas of
flexibility provided by the Criteria (e.g., the small
landfill exemption) may not be reflected in a State program.
In such instances, the owner/operator must comply with the
more stringent provisions (e.g., no exemption). These
regulations would be enforced by the State independently
from the Criteria. NOTE: The program requirements for
approved States may differ from those described in this
manual, which are based specifically on the Federal
Criteria. Therefore, owners/operators are urged to work
closely with their approved State in order to ensure that
they are fully in compliance with all applicable
requirements.

     State regulatory personnel will find this document
helpful when reviewing permit applications for landfills.
This manual presents technical information to be used in
siting, designing, operating, and closing landfills, but
does not present a mandatory approach for demonstrating
compliance with the Criteria. This manual also outlines the
types of information relevant to make the demonstrations
required by the Criteria, including demonstrations for
restricted locations and performance-based designs in
approved States.


     Tribal Process 

     From the beginning of EPA's development of the
permitting program approval process, the Agency planned to
offer permitting program approval to tribes as well as to
states. In a 1996 court decision [Backcountry Against Dumps
v. EPA, 100 F.3d 147 (D.C. Cir. 1996)], however, the court
ruled that EPA cannot approve tribal permitting programs.
The Agency has therefore developed a site-specific
rulemaking process to meet its goal of quickly and
efficiently providing owners/operators in Indian Country
[this manual uses the term "Indian Country" as defined in 40
CFR Section  258.2.] the same flexibility that is available
to landfill owners/operators in states with EPA-approved
MSWLF permitting programs. The process is described in
Site-Specific Flexibility Requests for Municipal Solid Waste
Landfills in Indian Country--Draft Guidance
(EPA530-R-97-016).

     Under this process, an owner or operator can request to
use certain alternative approaches at a specific MSWLF site
to meet the 40 CFR Part 258 performance standards. Unless
the tribal government is the owner/operator, the tribal
government should review the request for consistency with
tribal law and policy and forward it to EPA with a
recommendation. If EPA approves a request, it will issue a
site-specific rule allowing the use of the requested
alternative approaches. Owners/operators in Indian Country
should therefore understand that when this manual refers to
areas of flexibility that can be granted by a "State
Director," they would instead seek such flexibility in the
form of a site-specific rulemaking from EPA after tribal
government review of their petition for rulemaking. Although
tribes will not issue permits as EPA-approved permitting
entities under the Criteria, they are free to enact separate
tribal landfill regulations that are more stringent than the
Criteria. Tribal regulations are enforced by the tribe
independently of the Criteria.

     The site-specific process encourages active dialogue
among tribes, MSWLF owners/operators, EPA, and the public.
The guidance is designed so that the Agency works in
partnership with tribes. Because EPA recognizes tribal
sovereignty, EPA will respect tribal findings concerning
consistency of proposed approaches with tribal law and
policy.


Revisions to Part 258 

     Some important changes have been made to Part 258 since
its original promulgation. In addition, other regulations
that affect solid waste management have been implemented.


     Ground-Water Monitoring Exemption for Small, Dry, and
     Remote Landfills (40 CFR Section 258.1(f)(1)) 

     The Land Disposal Program Flexibility Act (LDPFA) of
1996 reestablished an exemption for ground-water monitoring
for owners/operators of certain small MSWLFs. EPA revised 40
CFR Section 258.1(f)(1) on September 25, 1996 (61 FR 50409)
to codify the LDPFA ground-water monitoring exemption. To
qualify for an exemption, owners/operators must accept less
than 20 tons per day of MSW (based on an annual average),
have no evidence of ground-water contamination, and be
located in either a dry or remote location. This exemption
eases the burden on certain small MSWLFs without
compromising ground-water quality. [In the original 40 CFR
Part 258 rulemaking, promulgated October 9, 1991, the Agency
provided an 5 exemption from ground-water monitoring for
small MSWLF units located in dry or remote locations. In
1993, the U.S. Court of Appeals for the District of Columbia
set aside this ground-water monitoring exemption. Sierra
Club v. EPA, 992 F.2d 337 (D.C. Cir. 1993).]


     New Flexibility for Small Landfills (40 CFR Sections
     258.21, 258.23, 258.60) 

     In addition to reestablishing the ground-water
exemption for small, dry, and remote MSWLFs, the LDPFA
provided additional flexibility to approved states for any
small landfill that receives 20 tons or less of MSW per day.
EPA revised 40 CFR Part 258 to allow approved states to
grant the use of alternative frequencies of daily cover,
alternative frequencies of methane monitoring, and
alternative infiltration layers for final cover (62 FR 40707
(July 29, 1997)). The LDPFA also authorized flexibility to
establish alternative means for demonstrating financial
assurance, and this flexibility was granted in another
action. The additional flexibility will allow owners and
operators of small MSWLFs the opportunity to reduce their
costs of MSWLF operation while still protecting human health
and the environment.


     Added Financial Assurance Options (40 CFR Section
     258.74) 

     A revision to 40 CFR Part 258, published November 27,
1996 (61 FR 60328), provided additional options to the menu
of financial assurance instruments that MSWLF
owners/operators can use to demonstrate that adequate funds
will be readily available for the costs of closure,
post-closure care, and corrective action for known releases
associated with their facilities. The existing regulations
specify several mechanisms that owners and operators may use
to make that demonstration, such as trust funds and surety
bonds. The additional mechanisms are a financial test for
use by local government owners and operators, and a
provision for local governments that wish to guarantee the
closure, post-closure, and corrective action costs for an
owner or operator. These financial assurance options allow
local governments to use their financial strength to avoid
incurring the expenses associated with the use of
third-party financial instruments. This action granted the
flexibility to all owners and operators (including owners
and operators of small facilities) to establish alternative
means for demonstrating financial assurance as envisioned in
the LDPFA.

     Additionally, EPA promulgated a regulation allowing
corporate financial tests and corporate guarantees as
financial assurance mechanisms that private owners and
operators of MSWLFs may use to demonstrate financial
assurance (63 FR 17706 (April 10, 1998)). This test extends
to private owners and operators the regulatory flexibility
already provided to municipal owners or operators of MSWLFs.
These regulations allow firms to demonstrate financial
assurance by passing a financial test. For firms that
qualify for the financial test, this mechanism will be less
costly than the use of a third party financial instrument
such as a trust fund or a surety bond.


How to Use This Manual 

     This document is subdivided into six chapters arranged
to follow the order of the Criteria.

The first chapter addresses the general applicability of the
Part 258 Criteria; the second covers location restrictions;
the third explains the operating requirements; the fourth
discusses design standards; the fifth covers ground-water
monitoring and corrective action; and the sixth chapter
addresses closure and post-closure care. Each chapter
contains an introduction to that section of the Criteria.
This document does not include a section on the financial
responsibility requirements; questions regarding these
requirements may be addressed to EPA's RCRA/Superfund
Hotline at 800 424-9346.

     Within each chapter, the Criteria have been subdivided
into smaller segments. The Statement of Regulation section
provides a verbatim recital of the regulatory language. The
second section, entitled Applicability, provides a general
explanation of the regulations and who must comply with
them. Finally, for each segment of the regulation, a
Technical Considerations section identifies key technical
issues that may need to be addressed to ensure compliance
with a particular requirement. Each chapter ends with a
section entitled Further Information, which provides
references, addresses, organizations, and other information
that may be of use to the reader.


Limitations of This Manual 

     The ability of this document to provide current
guidance is limited by the technical literature that was
available at the time of preparation. Technology and product
development are advancing rapidly, especially in the areas
of geosynthetic materials and design concepts. As experience
with new waste management techniques expands in the
engineering and science community, an increase in published
literature, research, and technical information will follow.
The owners and operators of MSWLFs are encouraged to keep
abreast of innovation through technical journals,
professional organizations, and technical information
developed by EPA. Many of the Criteria contained in Part 258
are performance-based. Future innovative technology may
provide additional means for owners/operators to meet
performance standards that previously could not be met by a
particular facility due to site-specific conditions.


Deadlines and Effective Dates 

     The original effective date for the Criteria, October
9, 1993, was revised for several categories of landfills, in
response to concerns that a variety of circumstances was
hampering some communities' abilities to comply by that
date. Therefore, the Agency provided additional time for
certain landfills to come into compliance, especially small
units and those that accepted waste from the 1993 Midwest
floods. As the accompanying table indicates, the extended
general effective dates for all MSWLF categories have
passed, and all units should now be in compliance.


************************************************************
         SUMMARY OF CHANGES TO THE EFFECTIVE DATES 
                   OF THE MSWLF CRITERIA 

               MSWLF      MSWLF       MSWLF     MSWLF
               Units      Units       Units     Units
               Accepting  Accepting   That Meet Receiving
               Greater    100 TPD     the Small Flood-
               than 100   or Less;    Landfill  Related
               TPD        Are Not     Exemption Waste
                          on the      in 40 CFR 
                          NPL; and    Section
                          Are Lo-     258.1(f)
                          cated in
                          a State 
                          That Has
                          Submitted
                          an Appli-
                          cation for
                          Approval by
                          10/9/93, or
                          on Indian
                          Lands or 
                          Indian
                          Country
************************************************************

General        October    April 9,    October   Up to 
effective      9, 1993    1993        9, 1997;  October 9,
date.^1,2,3                           exempt    1994 as 
                                      from the  determined
This is the                           design    by State
effective                             require-  
date for                              ments
location,
operation,
design, and 
closure/
post-closure

Date by        October 9, October     October   Within one
which to       1994       9, 1994     9, 1998   year of
install                                         date deter-
final cover                                     mined by
if cease re-                                    State; no
ceipt of                                        later than
waste by the                                    October 9,
general                                         1995
effective
date.^2,3

Effective      Prior to   October     Exempt    October 9,
date of        receipt    9, 1993     from the  1993 for 
ground-water   of waste   for new     ground-   new units;
monitoring     for new    units;      water     October 9,
and correc-    units;     October     monitor-  1994 
tive           October    9, 1994     ing       through
action.^2,3    9, 1994    through     require-  October 9,
               through    October     ments.^5  1996 for
               October    9, 1996               existing
               9, 1996    for                   units and
               for        existing              lateral
               existing   units and             expansions
               units      lateral
               and        expansions
               lateral
               expansions

Effective      April 9,   April 9,    October   April 9,
date of        1997       1997        9, 1997   1997
financial
assurance
require-
ments.^3,4
************************************************************

^1 If a MSWLF unit receives waste after this date, the unit
must comply with all of Part 258.

^2 See the final rule and preamble published on October 1,
1993 (58 FR 51536) for a full discussion of all changes and
related conditions.

^3 See the final rule and preamble published on October 6,
1995 (60 FR 52337) for a full discussion of all changes and
related conditions.

^4 See the final rule and preamble published on April 7,
1995 (60 FR 17649) for a discussion of this delay.

^5 See the final rule and preamble published on September
25, 1990 (61 FR 50409) for a discussion of the ground-water
monitoring exemption.