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SUPPORTING STATEMENT FOR

EPA INFORMATION COLLECTION REQUEST #1381.11

"SOLID WASTE DISPOSAL FACILITY CRITERIA (RENEWAL)"

1. IDENTIFICATION OF THE INFORMATION COLLECTION

l(a) TITLE AND NUMBER OF THE INFORMATION COLLECTION

This ICR is entitled "Solid Waste Disposal Facility Criteria" (Renewal), ICR # 1381.11, 

OMB # 2050-0122.

l(b) CHARACTERIZATION OF THE INFORMATION COLLECTION

The 1984 Hazardous and Solid Waste Amendments (HSWA) of the Resource 

Conservation and Recovery Act (RCRA), as amended, mandated that the U.S. Environmental 

Protection Agency (EPA) revise the Criteria for Solid Waste Disposal Facilities that may receive 

household hazardous waste and (conditionally exempt) small quantity generator wastes. EPA 

submitted a Report to Congress in October 1988 that assessed the impacts on human health and 

the environment associated with Subtitle D facilities. The study found that the revised Criteria 

for municipal solid waste landfills (MSWLFs) were necessary to protect human health and the 

environment.

On August 30, 1988, EPA proposed the Solid Waste Disposal Facility Criteria that 

delineate requirements for MSWLFs, including those that co-dispose of sewage sludge and that 

receive ash from municipal waste combustion (MWC) facilities (including ash monofills). The 

final rule was promulgated on October 9, 1991 and the final regulations implementing these 

criteria are codified in the Code of Federal Regulations (CFR) Title 40, Part 258.

When the Agency promulgated the solid waste disposal facility criteria final rule on 

October 9, 1991 (56 FR 50978), it included an exemption for owners and operators of certain 

small MSWLF units from the design and groundwater monitoring requirements of the criteria. 

To qualify for the exemption, the small landfill could only accept less than twenty tons of 

municipal solid waste per day (based on an annual average), have no evidence of existing 

groundwater contamination, and either: (1) serve a community that experiences an annual 

interruption of at least three consecutive months of surface transportation that prevents access to 

a regional waste management facility, or (2) be located in an area that annually receives less than 

or equal to 25 inches of precipitation and serve a community that has no practicable waste 

management alternative. In adopting this limited exemption, the Agency believed it had 

complied with the statutory requirement to protect human health and the environment, taking 

into account the practicable capabilities of small landfill owners and operators.

In January 1992, the Sierra Club and the Natural Resources Defense Council (NRDC) 

filed a petition with the U.S. Court of Appeals, District of Columbia Circuit, for review of the 
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Subtitle D criteria. On May 7, 1993, the Court of Appeals determined in Sierra Club v. United 

States Environmental Protection Agency 992 F.2d 337 (D.C. Cir. 1993) that under RCRA 

§4010(c), the only factor EPA could consider in determining whether facilities must monitor 

groundwater was whether such monitoring was "necessary to detect contamination," not whether 

such monitoring is "practicable." Thus, the Court vacated the small landfill exemption as it 

pertained to groundwater monitoring, and remanded that portion of the final rule to the Agency 

for further consideration. 

Consequently, as part of the Agency's October 1, 1993 final rules delaying the effective 

date of the MSWLF criteria (58 FR 51536; October 1, 1993), EPA rescinded the exemption from 

groundwater monitoring for qualifying small MSWLFs. Also at that time, EPA delayed the 

effective date of the MSWLF criteria for qualifying small MSWLFs for two years (until October 

9, 1995) to allow owners and operators of such small MSWLFs adequate time to decide whether 

to continue to operate in light of the Court's ruling, and to prepare financially for the added costs 

if they decided to continue to operate. On October 1, 1995 issued a final rule extending the 

general compliance date of the MSWLF criteria until October 9, 1997, for qualifying small 

MSWLFs. 

On March 26, 1996, the President signed the “Land Disposal Program Flexibility Act of 

1996" (LDPFA) that reinstated the exemption from groundwater monitoring for qualifying small 

MSWLFs. 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, and the 

infiltration barriers in the final cover. These requirements were codified on July 29, 1997 (62 FR

40708). The effective date of these requirements was confirmed to be October 27, 1997 on 

October 2, 1997 (62 FR 5160). 

On October 1, 1993, EPA issued a final rule that delayed the compliance date for the 

Financial Assurance (Subpart G) requirements until April 9, 1995. On October 18, 1994, the 

Agency extended the compliance date for the financial assurance requirements until April 9, 

1996. The compliance date for financial assurance was again extended by the Agency on April 

7, 1995. A requirement of the LDPFA directed the Agency to establish additional flexibility for 

Financial Assurance. The additional flexibility was codified by establishing Financial Assurance 

Mechanisms for Local Governments (61 FR 60328, November 27, 1996) and Financial 

Assurance Mechanisms for Corporate Owners and Operators (63 FR 17706, April 10, 1998). 

The effective date for the financial assurance requirements was April 10, 1998.

This supporting statement provides justification for the information collection 

requirements included in the final Part 258 MSWLF Criteria. This supporting statement updates 

the ICRs that were approved by Office of Management and Budget (OMB) on March 4, 1992; 

June 21, 1995; January 27, 1997; August 28, 2000; November 30, 2003; March 07, 2007; June 

29, 2010, and June 01, 2013.
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In general, the Part 258 Criteria require that the following information be recorded in the 

MSWLF operating record as it becomes available and that this information be retained by the 

owner or operator of each MSWLF unit and made available to the State upon request:

(1) Demonstrations that facilities meet the requirements for the "small" 

landfill exemption (Section 258.1(f)(2));

(2) Any location restriction demonstration required by Subpart B (Sections 

258.10 - 258.16);

(3) Training procedures, monitoring results, and demonstrations required by 

Subpart C (Sections 258.20, 21, and 23);

(4) Demonstrations required by Subpart D (Sections 258.40- 258.41);

(5) Any monitoring, testing, or analytical data required by Subpart E (Sections 

258.50 - 258.58);

(6) Closure and post-closure care plans and any monitoring, testing, or 

analytical data required by Sections 258.60 and 258.61; and

(7) Any cost estimates and financial assurance documentation required under 

Subpart G (Sections 258.71 - 258.73).

A brief summary of the information collection requirements associated with the abovelisted areas is provided in Section 3. A more specific discussion of the data elements and 

respondent activities associated with each of the information collection requirements is presented 

in Section 6.

2. NEED FOR AND USE OF THE COLLECTION

2(a) NEED AND AUTHORITY FOR THE COLLECTION

Owners or operators of new MSWLFs, existing MSWLFs, and lateral expansions of

existing MSWLFs, in complying with 40 CFR Part 258, are required to record information in the 

facility operating record, pursuant to §258.29, as it becomes available. The operating record must 

be supplied to the State as requested and retained until the end of the post-closure care period of 

the MSWLF.

2(b) USE AND USERS OF THE DATA

The information collected will be used primarily by the States to regulate and ensure that 
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owners or operators of MSWLFs are complying with the Part 258 Criteria. The information 

collected will be used by the State Director to confirm owner or operator compliance with the 

regulations under Part 258.

3. THE RESPONDENTS AND INFORMATION REQUESTED

3(a) Non duplications

EPA took steps to minimize duplication of information collection. EPA proposed the 

recordkeeping and reporting requirements and carefully considered all comments. The final rule 

includes minimum recordkeeping and reporting necessary to document compliance with the 

rule's provisions.

EPA deliberately did not prescribe specific recordkeeping procedures or formats. This 

will allow States, local governments and owners or operators maximum flexibility in developing 

site-specific procedures that satisfy existing State requirements and the provisions of the 

MSWLF Criteria. Furthermore, the Part 258 Criteria provide additional flexibility to approved 

States: approved States have flexibility in establishing the location of the operating record and 

establishing alternative schedules for recordkeeping and notification requirements.

3(b) Public Notice Required Prior to ICR submission to OMB

In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), the Agency 

notified the public through a Federal Register notice on the resubmission of this ICR on 

February 23, 2016 (81 FR 8956). No comments were received. 

3(c) CONSULTATIONS

Owners and operators of MSWLFs, State personnel, EPA personnel (Headquarters and 

Regional) and consultants working for EPA on the hazardous and solid waste program were 

interviewed to characterize the time the owner or operator (as well as the State) would need to 

spend on each separate requirement. 

In an effort to verify EPA’s development this ICR, EPA contacted state solid waste 

officials to review and comment on this document. EPA is grateful the following people 

reviewed this document: 1) Ed Dexter, of the Maryland Department of the Environment; 

telephone (410) 537-3315, 2) Geoff Christe, of the Virginia Department of Environmental 

Quality; telephone (804) 698-4283, 3) Robert Grefe, of the Wisconsin Department of Natural 

Resources; telephone (608) 266-2178, and 4) Bob Doctor, of the Wyoming Solid Waste 

Permitting and Corrective Action Division, telephone (307) 473-3468. Based on the results of 

these interviews, the Agency prepared the time estimates for recordkeeping.

3(d) EFFECTS OF LESS FREQUENT COLLECTION
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The Agency believes that less frequent recordkeeping and reporting could hamper State 

enforcement and compliance efforts, especially in States that are not allowed to be more 

stringent than the Federal minimum. However, the Part 258 Criteria allow approved States the 

discretion to establish alternative schedules for recordkeeping and notification requirements.

3( e) GENERAL GUIDELINES

This collection does not violate any of the Paperwork Reduction Act (50 CFR 1320.6) 

general guidelines.

3(f-g) CONFIDENTIALITY AND SENSITIVE QUESTIONS

No data requested are believed to be confidential. The Agency is not requesting any trade 

secret information and believes that the information collection complies with the Privacy Act of 

1974 and OMB Circular A-108.

The recordkeeping and reporting requirements do not request information that is of a 

sensitive nature.

4(a) RESPONDENTS/NAICS CODES

The groups affected by the requirements in Part 258 are owners or operators of new 

MSWLFs, existing MSWLFs, and lateral expansions of existing MSWLFs. These owners or 

operators could include Federal, State, and local governments, and private waste management 

companies. Facilities in the following NAICS codes may be affected by this rule:

9221 Local governments (formally SIC Code 922)

5622 Sanitary services (formally SIC Code 495)

3252 Industrial inorganic chemicals (formally SIC Code 282)

3251 Industrial organic chemicals (formally SIC Code 281)

3253 Miscellaneous (formally SIC Code 287)

These five groups represent the most identifiable of the several hundred NAICS codes. 

Other major groups affected by these requirements are construction, manufacturing, services, and 

agricultural products and are included under the "miscellaneous" designation.

This information request covers the time period from June 01, 2016 until May 31, 2019. 

The earlier version of ICR #1381 reported the one-time burden for all MSWLFs; therefore, this 

burden is not reported in this update. One-time burdens are reported for new MSWLFs, but the 

one-time burdens for existing MSWLFs are not included.

4(b) INFORMATION REQUESTED
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The following subsections summarize the recordkeeping requirements, as well as 

reporting (notification) requirements included in the MSWLF Criteria. EPA deliberately did not 

use design standards to prescribe specific conditions or components. This will allow owners and 

operators maximum flexibility in developing site specific procedures, which satisfy existing 

State requirements and provisions of the revised Criteria.

SUBPART A - GENERAL

Section 258.1(f)(2) - Small or Remote MSWLFs

Owners or operators of new MSWLFs, existing MSWLFs, and lateral expansions of 

existing MSWLFs that receive less than 20 tons of waste per day (TPD), show no evidence of 

groundwater contamination, and is either in a remote area or in an arid area of the country can be 

exempted from Subpart D (Design) and Subpart E (Ground-Water Monitoring and Corrective 

Action) of the MSWLF Criteria. Owners or operators of these qualifying small MSWLFs must 

place in their operating record documentation demonstrating that they meet the exemption 

qualifications. Remote areas are defined at §258.1(f)(1)(i) as "a community that experiences an 

annual interruption of at least three consecutive months of surface transportation that prevents 

access to a regional waste management facility." An arid area is defined at §258.1(f)(1)(ii) as "an 

area that annually receives less than or equal to 25 inches of precipitation" and "has no 

practicable waste management alternative." 

Section 258.1(f)(3) - Small or Remote MSWLFs

Owners or operators of new MSWLFs, existing MSWLFs, and lateral expansions of 

existing MSWLFs that receive the exemption in §258.1(f)(2), and subsequently discover 

groundwater contamination resulting from their MSWLF unit, must notify the State Director of 

such contamination and, thereafter, comply with Subpart D and E.

Section 258.4(c)(4) – Research, development, and demonstration (RD&D) permits

Require the owner or operator of a MSWLF permitted under this section to submit an 

annual report to the State Director showing whether and to what extent the site is progressing in 

attaining project goals.

SUBPART B - LOCATION RESTRICTIONS

Section 258.10 - Airport Safety

Owners or operators of new MSWLFs, existing MSWLFs, and lateral expansions must 

document (record) in their operating record demonstrations that show the MSWLF meets the 
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location restrictions regarding airports (§258.10). The owner or operator must notify the State 

Director when an exemption demonstration is recorded in the operating record. Owners or 

operators of new MSWLFs and lateral expansions that are regulated under the location 

requirements pertaining to airports (§258.10(b)) must notify the affected airport and the Federal 

Aviation Administration as part of the siting process.

Section 258.11 - Floodplains

Owners or operators of new MSWLFs, existing MSWLFs, and lateral expansions must 

document (record) in their operating record demonstrations that show the MSWLF meets the 

location restrictions regarding floodplains (§258.11). The owner or operator must notify the State 

Director when an exemption demonstration is recorded in the operating record.

Section 258.12 - Wetlands

Owners or operators of new MSWLFs and lateral expansions must demonstrate (report) 

to the Director of an approved State that the MSWLF meets the requirements addressing 

wetlands (258.12).

Section 258.13 - Fault Areas

Owners or operators of new MSWLFs and lateral expansions must demonstrate (report) 

to the Director of an approved State that the MSWLF meets the requirements addressing fault 

areas (§258.13).

Section 258.14 - Seismic Impact Zones

Owners or operators of new MSWLFs and lateral expansions must demonstrate to the 

Director of an approved State that the MSWLF meets the requirements addressing seismic 

impact zones (§258.14). The demonstration must be placed in the operating record.

Section 258.15 - Unstable Areas

Owners or operators of new MSWLFs, existing MSWLFs, and lateral expansions must 

document (record) in their operating record demonstrations that show the MSWLF meets the 

location restrictions regarding unstable areas (§258.15). The owner or operator must notify the 

State Director when an exemption demonstration is recorded in the operating record.

Section 258.16 - Closure of Existing MSWLFs

Owners or operators of existing MSWLFs that are located near airports (§258.10(a)), 

floodplains (§258.11(a)), or in unstable areas (§258.15(a)) must close by October 9, 1996. The 

deadline for closure may be extended (but not beyond 10/9/98) by a Director of an approved 
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State if the owner or operator demonstrates (records) in their operating record that 1) there is no 

other alternative capacity and 2) there is no immediate threat to human health and the 

environment.

SUBPART C - OPERATING CRITERIA

Section 258.20 - Procedures to Exclude Hazardous Wastes

Owners or operators of MSWLFs must implement a program for detecting and 

preventing the disposal of regulated hazardous wastes not exempt under 40 CFR Part 261.4 (b) 

and PCBs at the facility. This program includes: (1) random inspections of incoming loads, (2) 

records of any inspections, (3) training of facility personnel to recognize unacceptable loads, and 

(4) notification procedures. Owners or operators must document (record) results of inspections, 

training, and notification procedures. In addition, MSWLF owners or operators must notify the 

Director of an approved State, or the EPA Regional Administrator if in an unapproved State, if a 

regulated hazardous waste or PCB waste is discovered at the facility.

Section 258.21 - Cover Material Requirements

The Director of an approved State may allow owners or operators to use for daily cover 

alternative materials of alternative thicknesses other than six inches of soil. The owner or 

operator must demonstrate (document), however, that the alternative daily cover is as effective as 

six inches of soil.

Owners and operators of MSWLFs in approved States may be granted a temporary 

waiver of the daily cover requirement. To be granted the temporary waiver, the owner or 

operator must demonstrate (document) that extreme seasonal climatic conditions make daily 

cover impractical.

The Director of an approved State may establish alternative frequencies for cover 

requirements for owners and operators of MSWLFs that dispose of 20 TPD or less of MSW. 

Section 258.23 - Explosive Gases Control

Where the MSWLF owner or operator detects that methane gas concentrations exceed 

specified limits at the MSWLF, §258.23 requires that the owner or operator immediately take all 

steps necessary to protect human health and that the owner or operator immediately notify the 

State Director. Within 7 days of detection, the owner or operator must place in the operating 

record documentation of the methane gas levels and a description of the interim steps that were 

taken. Moreover, the owner or operator has 60 days (from detection) to implement a remediation 

plan, place a copy of this remediation plan in the operating record, and notify the State Director 

that the plan has been implemented. This will allow the State to ensure that the owner or operator 

takes steps to reduce methane gas levels as well as alerting the State to a possible health and 
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safety threat.

The Director of an approved State may establish alternative monitoring frequencies for 

owners and operators of MSWLFs that dispose of 20 TPD (annual average) or less of MSW. 

Section 258.28 - Liquids Restrictions

Section 258.28 prohibits bulk or non-containerized liquid waste from being disposed of 

in a MSWLF unless: (1) the waste is a household waste other than septic waste, or (2) the waste 

is leachate or gas condensate derived from a unit designed with a composite liner as described in 

§258.40. The owner or operator must place in the operating record documentation that the 

landfill is designed with a composite liner and must notify the State Director that this 

documentation has been placed in the operating record.

Section 258.28(3) requires that owners or operators of Project XL MSWLF units must 

place documentation of the landfill design in the operating record and must notify the State 

Director that this documentation has been placed in the operating record.

Section 258.29 - Recordkeeping Requirements

Owners and operators of MSWLFs must notify the State Director when any of the 

demonstrations (documentation) required by other sections of this rule has been added to the 

facility operating record. Section 258.12 (Wetlands), §258.13 (Fault areas), and §258.16 

(Closure of existing units) contain reporting requirements but do not contain recordkeeping 

requirements. Those recordkeeping requirements are included in this section.

SUBPART D - DESIGN CRITERIA

Section 258.40(c) - Alternative Liner Design

The Director of an approved State may allow owners or operators of MSWLFs to use an 

alternative liner design. The owner or operator must demonstrate (document) that the alternative 

liner design meets the performance standard in §258.40(a)(1).

Section 258.40(d) - Alternative Point of Compliance

The Director of an approved State may specify an alternative point of compliance 

anywhere from the MSWLF unit including up to 150 meters from the MSWLF unit boundary. 

The Director of an approved State must consider the factors at §258.40(d)(1)-(8) in determining 

the point of compliance.

Section 258.41 - Project XL Bioreactor Landfill Projects
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Section 258.41(a)(7) - Buncombe County, North Carolina Project XL Bioreactor landfill 

shall monitor and submit an annual report to the EPA Regional Administrator and the State 

Director that includes, at a minimum, the following data: i) Amount of landfill gas generated; ii) 

Percent capture of landfill gas, if known; iii) Quality of the landfill gas, amount and type of 

liquids applied to the landfill; iv) Method of liquids application to the landfill; v) Quantity of 

waste placed in the landfill; vi) Quantity and quality of leachate collected; vii) Quantity of 

leachate recirculated back into the landfill; viii) Information on the pretreatment of waste applied 

to the landfill; ix) Data collected on landfill temperature and moisture content; x) Data on the 

leachate pressure (head) on the liner; xi) Observations, information, and studies made on the 

physical stability of the MSWLF units that are developed during the project term, if any.

 Section 258.41(b)(5) - Yolo County Central Landfill owned and operated by the County

of Yolo, California, or its successors shall submit an annual report to the EPA Regional 

Administrator and the State Director. The annual report will include; i) Amount of landfill gas 

generated; ii) Percent capture of landfill gas; iii) Quality of the landfill gas; iv) Amount and type 

of liquids applied to the landfill; v) Method of liquids application to the landfill; vi) Quantity of 

waste placed in the landfill; vii) Quantity and quality of leachate collected, including at least the 

following parameters, monitored, at a minimum, on an annual basis: (A) pH; (B) Conductivity; 

(C) Dissolved oxygen; (D) Dissolved solids; (E) Biochemical oxygen demand; (F) Chemical 

oxygen demand; (G) Organic carbon; (H) Nutrients; (I) Common ions; (J) Heavy metals; (K) 

Organic priority pollutants; and (L) Flow rate; viii) Quantity of leachate recirculated back into 

the landfill; ix) Information on the pretreatment of solid and liquid waste applied to the landfill; 

x) Landfill temperature; xi) Landfill moisture content; xii) Data on the leachate pressure (head) 

on the liner; xiii) The amount of aeration of the waste; xiv) Data on landfill settlement; xv) Any 

information on the performance of the landfill cover; and xvi) Observations, information, or 

studies made on the physical stability of the landfill.

SUBPART E - GROUND-WATER MONITORING AND CORRECTIVE ACTION

Section 258.50(a) - "No Migration Petitions"

In an approved State, owners and operators of MSWLFs may demonstrate (document) 

that there is no potential for migration of hazardous constituents from the MSWLF unit. The 

demonstration is to be based on site-specific data and fate and transport modeling as presented in 

§258.50(a)(1)-(2).

Section 258.51 - §258.53 - Establish GWM Systems

Owners and operators must notify the State Director that documentation pertaining to 

measurement, sampling, and analytical devices has been placed in the operating record. The 

numbering, spacing, and depth of monitoring systems shall be certified by a qualified 

groundwater scientist or approved by the Director of an approved State. Within 14 days of the 

certification, the owner or operator must notify the State Director that certification has been 
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placed in the operating record.

Owners or operators must notify the State Director that the description of the sampling 

and analysis program documentation has been placed in the operating record.

The owner or operator must specify in the operating record a statistical method from 

§258.53(g), to be used in evaluating groundwater monitoring data for each hazardous 

constituent. If another statistical method that meets the performance standards of §258.53(h) is 

used, the owner or operator must place a justification for this alternative in the operating record 

and notify the State Director of use of this alternative test.

Section 258.54 - Detection Monitoring Program

If the owner or operator determines that there is a statistically significant increase over 

background for one or more of the Appendix I constituents, the owner or operator must, within

14 days of this finding, place a notice in the operating record and notify the State Director 

indicating which constituents have shown statistically significant changes from the background 

levels.

The owner or operator may demonstrate pursuant to §285.54(c) that a source other than a 

MSWLF unit or an error has caused the statistically significant changes in background levels of 

one or more of the constituents. This demonstration must be certified by a qualified groundwater scientist or approved by the Director of an approved State and be placed in the operating 

record.

Section 258.55 - Assessment Monitoring Program

If sampling results indicate that Appendix II constituents that have been detected, the 

owner or operator must place a notice in the operating record identifying the Appendix II 

constituents that have been detected and notify the State Director that this notice has been placed 

in the operating record, the owner or operator must resample and record the concentrations of 

detected Appendix II constituents. If concentrations of all Appendix II constituents are shown to 

be at or below background values for two consecutive sampling events, the owner or operator 

must notify the State Director of this finding.

Section 258.55(g)(2) - "False Positives"

The owner or operator may voluntarily attempt to demonstrate that a source other than 

the MSWLF caused the contamination or that a sampling error occurred and that it is not 

required to move into remedy selection under the corrective action requirements.

Section 258.57 - Selection of Remedy
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The owner or operator must discuss results of the corrective measure assessment, prior to 

the selection of remedy, in a public meeting with interested and affected parties. The owner or 

operator must notify the State Director that a report describing the selected remedy has been 

placed in the operating record and how it meets the standards of §258.57(b).

If the owner or operator determines that compliance with requirements under §258.57(b) 

cannot be practically achieved with any currently available methods, the owner or operator must 

obtain certification of a qualified ground-water scientist or approval by the Director of an 

approved State that compliance cannot be meet. The owner or operator must document in the 

operating record the alternative measure or schedule selected in consideration of §258.57(d).

The owner or operator may document in the operating record that no clean-up is required 

if the conditions of §258.57(e) are met and the State Director is notified.

Section 258.58 - Implementation of the Corrective Action Program

The owner or operator may determine that corrective action cannot be achieved with any 

currently available remedy, if so, the owner or operator must document in the operating record 

that a report justifying alternative corrective action measures has been placed in the operating 

record in compliance with the requirements of §258.58(c)(4) and notify the State Director.

Upon completion of the requirements of §258.58(e), the owner or operator must 

document in the operating record that the remedy has been completed in compliance with the 

requirements of §258.58(e) and notify the State Director.

SUBPART F - CLOSURE AND POST-CLOSURE CARE

Section 258.60 - Closure Criteria

Owners or operators will be required to maintain in the facility operating record copies of 

the closure plans. The closure plans describe the steps necessary to close each MSWLF unit in 

accordance with the closure requirements in §258.60 including all recordkeeping and reporting 

requirements.

The Director of an approved State may establish alternative infiltration barriers for 

owners and operators of MSWLFs that dispose of 20 TPD or less of MSW. 

Section 258.61 - Post-Closure Care Requirements

Owners or operators will be required to maintain in the facility operating record copies of 

the post-closure care plans. The post-closure care plan describes the steps to be taken by the 

owner or operator to ensure that monitoring and routine maintenance activities are carried out at 

each MSWLF unit in accordance with the requirements in §258.61 including all recordkeeping 
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and reporting requirements.

SUBPART G - FINANCIAL ASSURANCE CRITERIA

Section 258.71 - Financial Assurance for Closure

The owner or operator of the MSWLF unit must place in the operating record the up-todate cost estimates for closure. The cost estimates must be annually adjusted for inflation.

Section 258.72 - Financial Assurance for Post-Closure Care

The owner or operator of the MSWLF unit must place in the operating record the up-todate cost estimates for post-closure care. The cost estimates must be annually adjusted for 

inflation.

Section 258.73 - Financial Assurance for Corrective Action

The owner or operator of the MSWLF unit must place in the operating record the up-to-date cost 

estimates for corrective action. The cost estimates must be annually adjusted for inflation.

Section 258.74 - Allowable Mechanisms

The owner or operator of the MSWLF unit must select a mechanism for carrying out financial 

assurance. Options are specified in §258.74(a)-(j)

5. THE INFORMATION COLLECTED--AGENCY ACTIVITIES, COLLECTION 

METHODOLOGY, AND INFORMATION MANAGEMENT

The following subsections discuss how the information will be collected. The most 

important factor is that the information is not to be sent to or collected by the Agency. The 

owners or operators of MSWLFs are to collect the information, compile it in an operating record, 

and notify the State Director when the documentation is placed in the operating record. The 

operating record is intended to be equivalent to a permit file that is routinely kept by the State 

permitting agency. The Agency did not intend for these rules to create additional recordkeeping 

except when more stringent Federal standards replace State requirements.

5(a) AGENCY ACTIVITIES

This program is implemented by approved States and all information will be reported to 

the States and/or kept in an operating record; EPA will not collect information for individual 

MSWLF units. In unapproved States, the MSWLF Criteria are self-implementing; that is, the 

owner or operator documents compliance with the Criteria and places this documentation in the 

operating record. EPA does have enforcement authority in States where EPA has made a 
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determination that the State permit program is not adequate. In enforcement situations, the EPA 

may request information from the owner or operator.

5(b) COLLECTION METHODOLOGY AND MANAGEMENT

EPA has not specified how these records are to be developed and maintained, thus 

ensuring maximum flexibility and minimizing burden in meeting these requirements.

5(c) SMALL ENTITY FLEXIBILITY

Respondents may include small businesses; all data requested are essential for both large 

and small businesses. The information burden was minimized to the extent possible for all 

potential respondents through the rule's self-implementing format. Furthermore, the Part 258 

Criteria contains a small landfill exemption from the costly design requirements that also will 

minimize the recordkeeping burden on small businesses. Further, the Agency is in the process of 

reinstating the exemption from the costly ground-water monitoring and corrective actions 

requirements.

5(d) COLLECTION SCHEDULE

All collection requirements discussed in this ICR are for the period June 01, 2016

through May 31, 2019. The date for compliance for Subtitle D requirements is prior to April 10, 

1998.

The records and reports will be maintained on an ongoing basis in the facility operating 

record; however, the Part 258 Criteria allow approved States the discretion to establish 

alternative schedules for recordkeeping and notification requirements.

 

6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION

6(a) ESTIMATING RESPONDENT BURDEN

The total universe of MSWLF's has steadily declined for at least the past decade. EPA 

estimates that by June 01, 2016 there will be approximately1900 MSWLFs and that this number 

of MSWLFs will remain constant over the reporting period covered by this supporting statement. 

The estimated number of MSWLFs is consistent with the estimate contained in the supporting 

statement for the previous ICRs for this rule. EPA projected that there would be 4000 MSWLFs 

when the rule became fully effective and the estimate is reasonably accurate and has been 

confirmed by an independent consultation with the States that resulted in a published list if 

MSWLFs (EPA, 1996), information published in a trade magazines (Biocycle, 1999; Waste Age 

1996), and a Directory and Atlas of Solid Waste Disposal Facilities (Chartwell Information 

Publishers, 1998). The number of landfills affected by each recordkeeping and reporting 
15

requirements will vary and each requirement is discussed in this statement. For example, a 

number of reporting requirements generally will apply only to new MSWLF units and lateral 

expansions of existing units rather than to the entire total. Information supplied by State 

permitting officials indicate that the number of new MSWLF’s that open or existing MSWLF’s 

that actually expand is a small number due to difficulties in sitting new units and expanding 

existing ones. As for this continuing ICR, it is assumed that 40 new units and or lateral 

expansions will occur each year, as well as 2 new RD&D units. Included in this supporting 

statement (but not separately identified) is a one-time burden of 35 hours per respondent (40 per 

year) to read the October 9, 1991 Federal Register publication. 

SUBPART A - GENERAL

Section 258.1(f)(2) - Small or Remote MSWLFs

The Agency estimates that the total burden would apply to approximately 425 "small" 

MSWLFs located in remote and/or arid regions. The requirement is that the MSWLF owner or 

operator make the determination that they meet the criteria in §258.1(f)(2). There is a one-time 

recordkeeping burden of 10 hours per facility and a one-time reporting burden of two hours per 

facility.

Section 258.1(f)(3) - Small or Remote MSWLFs

EPA estimates that 5% (22) of the total number of small facilities will discover groundwater contamination and must notify the State Director and comply with the liner requirements 

in Subpart B. This would occur over an estimated 10 years or 3 facilities per year for purposes of 

this estimate. The one-time recordkeeping burden is estimated to be 30 hours per facility. There 

would be no annual burden. There is a one-time reporting burden of two hours per facility.

Section 258.4(c)(4) – Research, development, and demonstration permits

The Agency estimates that the annual reporting requirements would apply to the 2 new

facilities. There would be an annual reporting burden of 15 hours per facility. There are 

currently 16 facilities permitted under this section. 

SUBPART B - LOCATION RESTRICTIONS

Section 258.10 - Airport Safety

Of the estimated 40 new MSWLF units and lateral expansions that are affected by this 

requirement, approximately 50% are expected to be within the areas of airport safety. EPA has 

estimated a one-time recordkeeping requirement for this location restriction of 10 hours per 

facility. There is a one-time reporting burden of two hours per facility.
16

Section 258.11 - Floodplains

Of the estimated 40 new MSWLF units and lateral expansions that are affected by this 

requirement, approximately 20% are expected to be within the 100-year floodplain. EPA has 

estimated a one-time recordkeeping requirement for this location restriction of 10 hours per 

facility. There is a one-time reporting burden of two hours per facility.

Section 258.12 - Wetlands

The requirements for the wetlands location restriction comes from the Clean Water Act 

(CWA) and incorporates EPA guidelines developed pursuant to the CWA. Any recordkeeping 

requirement is attributable to implementing the CWA and not the MSWLF Criteria. Therefore, in 

order to avoid double counting, no recordkeeping requirements for this location provision are 

included in this estimate. The reporting and recordkeeping requirements are reported under OMB 

Control Number 2040-0086.

Section 258.13 - Fault Areas

Of the estimated 40 new MSWLF units and lateral expansions that are affected by this 

requirement less than 10% are expected to be in a fault area. EPA has estimated a one-time 

recordkeeping requirement for this location restriction of 10 hours per facility, however, the 

recordkeeping requirement is included under §258.29 because there is no authority under 

§258.13 to require recordkeeping. There is a one-time reporting burden of two hours per facility.

Section 258.14 - Seismic Impact Zones

Of the estimated 40 new MSWLF units and lateral expansions that are affected by this 

requirement, less than 10% are expected to be in a seismic impact zone. EPA has estimated a 

one-time recordkeeping requirement for this location restriction of 10 hours per facility. There is 

a one-time reporting burden of two hours per facility.

Section 258.15 - Unstable Areas

Of the estimated 40 new MSWLFs and lateral expansions that are affected by this 

requirement less than 10% are expected to be in an unstable area. EPA assumes that owners 

and/or operators of existing units would have made the appropriate demonstration prior to 

January 1997. EPA has estimated a one-time recordkeeping requirement for this location 

restriction of 10 hours per facility. There is a one-time reporting burden of two hours per facility.

Section 258.16 - Closure of Existing MSWLFs

Of the existing 1900 MSWLFs, EPA estimates that less than 2% of the owners or 

operators of existing MSWLFs that are located near airports (§258.10(a)), floodplains 

(§258.11(a)), or in unstable areas (§258.15(a)) and extended the deadline for closure until 
17

October 9, 1998. This burden has already been accounted for and does not happen in this

reporting period from June 01, 2016 to May 31, 2019.

SUBPART C - OPERATING CRITERIA

Section 258.20 - Procedures to Exclude Hazardous Wastes

EPA estimates an annual recordkeeping burden of 10 hours per year for each of the 1900 

landfills for training and an annual reporting burden of two hours per facility. In addition there is 

a one-time two hour reporting burden for each of the 42 landfills that are estimated to detect 

regulated quantities of hazardous or PCB waste. These 42 MSWLF owners or operators must 

notify the State Director (or the EPA Regional Administrator) if a regulated hazardous waste or 

PCB waste is discovered at the facility. This adds a one-time recordkeeping burden of two hours 

for those 42 facilities.

Section 258.21 - Cover Material Requirements

EPA assumes that owners and/or operators of existing units would have made the 

appropriate demonstration prior to January, 2000 therefore, there is no burden for existing units. 

Of the estimated 40 new MSWLFs and lateral expansions that are eligible for these 

demonstrations, EPA estimates that less than 10% are expected to conduct the demonstrations. 

For MSWLF units making the demonstration, EPA has estimated a one-time recordkeeping 

burden of 24 hours per facility. There is a one-time reporting burden of two hours for those 4 

facilities.

Section 258.23 - Explosive Gases Control

EPA estimates a one time recordkeeping burden of 24 hours to set up a methane 

monitoring program for the 40 new units and 6 hours per year reporting burden to report the 

results of the monitoring for each of the 1940 operating units(1900 existing and 40 new).

The requirement to develop a remediation plan and report to the State would only apply 

to those facilities that exceed the standards for methane at the facility. EPA estimates that this 

will occur at 20 of the 1900 operating facilities per year and that each of these facilities would 

have a one-time recordkeeping burden of 16 hours per year. There is a one-time reporting burden 

of two hours for those 20 facilities.

Section 258.28 - Liquids Restrictions

This one-time reporting requirement will apply only to the facilities that recirculate gas 

condensate or leachate and that have composite liners. Of the 40 new MSWLFs, EPA estimates 

that there are 20 such facilities. EPA assumes that the required recordkeeping would take 2 hours 

per facility and that the one-time reporting requirement will take 2 hours per facility.
18

Section 258.29 - Recordkeeping Requirements

Owners and operators of MSWLFs must notify the State Director when any of the 

demonstrations (documentation) required by other sections of this rule have been added to the 

facility operating record. There is a one-time 10 hour recordkeeping burden in addition to a onetime 2 hour reporting burden for all 40 new facilities.

SUBPART D - DESIGN CRITERIA

Section 258.40(c) - Alternative Liner Design

Owners or operators of MSWLFs in approved States may be permitted to use an 

alternative liner design. The owner or operator must demonstrate (document) that the alternative 

liner design meets the performance standard in §258.40(a)(1). To date, this design option has 

been chosen by only a very few MSWLFs, EPA estimates that 5% of the 40 new MSWLFs will 

undertake this onetime reporting requirement and EPA estimates the burden at 40 hours per 

facility. There is no recordkeeping requirement under the Part 258 rules for §258.40(c).

Section 258.40(d) - Alternative Point of Compliance

This one-time reporting requirement is the responsibility of the Director of an approved 

State. There is no recordkeeping or reporting requirement for the owner or operator. The Director 

of an approved State may voluntarily choose to use an alternative point of compliance. The 

Director of an approved State must consider the factors at §258.40(d)(1)-(8) in demonstrating 

(documenting) that the alternative point of compliance meets the performance standard. EPA 

assumes that all States that are considering this approach will have made the appropriate 

demonstration prior to January, 1998 and there will be no burden from this requirement.

Section 258.41 - Project XL Bioreactor Landfill Projects

The one-time recordkeeping requirements for a Bioreactor landfill will not be included 

here to avoid double counting, and have been included in the existing and new estimates. 

Currently, EPA has certified 4 Bioreactor landfills and expects 2 more to apply for certification 

during this recordkeeping period. The Agency estimates that the annual requirement for 

recordkeeping is 20 hours and annual reporting is 30 hours, for a total of 50 hours per facility.

SUBPART E - GROUND-WATER MONITORING AND CORRECTIVE ACTION

Section 258.50(a) - "No Migration Petitions"

Owners and operators of MSWLFs may demonstrate (document) that there is no potential 

for migration of hazardous constituents from the facility. The demonstration is to be based on 
19

site-specific data and fate and transport modeling. EPA estimates no more than 4 owners or 

operators will attempt this demonstration per year. EPA assumes that the required documentation 

would result in a one-time reporting requirement of 100 hours per facility. Section 258.50(a) 

does not contain recordkeeping requirements, however, the one-time recordkeeping requirements 

of 2 hours per facility that are contained in §258.29 have been included here for simplicity.

Section 258.51 - 258.53 - Establish GWM systems

EPA reviewed State permit programs and found that 80% of the States had requirements 

to set-up groundwater monitoring systems prior to the promulgation of Part 258; therefore, the 

Agency assumed the one-time reporting requirement of 20 hours per facility would result for 

20% of the 40 (8) new facilities. There are one-time recordkeeping requirements at 

§§258.51(d)(1)(ii), 258.53(a) and 258.53(g). Each of the three sections has a 2 hour per facility 

recordkeeping requirement for a total of 6 hours per facility.

Section 258.54 - Detection Monitoring Program

Of the 1900 operating facilities, 425 are qualifying “small” MSWLFs that will be 

exempted from Subpart E. EPA estimates that the total annual reporting burden for detection 

monitoring to be 32 hours per year. As discussed above, EPA estimates that 80% of the States 

required ground-water monitoring prior to the promulgation of Part 258, however, Part 258 

contains monitoring parameters not usually found in State rules. For the purposes of this 

analysis, EPA assumed that current State regulations already captured 5 hours per year of the 

total annual reporting burden for detection monitoring; therefore, this rule imposes an 

incremental burden of 27 hours per year for landfills in the States with monitoring requirements 

(i.e., 80% of the landfills or 1520 landfills). For the remaining 380 landfills in States without 

groundwater monitoring requirements and the 40 new MSWLF units per year, EPA assumed that 

all would incur the entire annual reporting burden of 32 hours per year. There is an annual 

recordkeeping requirement of 2 hours for each facility.

Section 258.55 - Assessment Monitoring Program

EPA assumes that the only facilities that will need to establish an assessment monitoring 

program are existing MSWLF units. None of the new MSWLF units are expected to require 

assessment monitoring prior to July 2016.

For assessment monitoring, EPA estimated that this rule would impose an annual 

reporting burden of 32 hours per occurrence per year. The Agency's Regulatory Impact Analysis 

assumes that approximately one third of the facilities will contaminate ground water such that 

assessment monitoring and corrective action are required. The number impacted would not 

include the 425 “qualifying” small MSWLFs because will be exempted, therefore, about 500 

facilities [0.33 (1900-425)] are included in the reporting estimate. This estimate includes the 

facilities that voluntarily chose to make the "false positives" demonstration at §258.55(g)(2). 
20

There is an annual recordkeeping requirement of 2 hours for each facility.

Section 258.55(g)(2) - "False Positives"

See the discussion for §258.55 - Assessment Monitoring Program.

Section 258.57 - Selection of Remedy

For corrective action, EPA estimated an annual burden of 200 hours per year to document 

progress in clean-up activities. Approximately one-half of the States have corrective action rules; 

therefore, the Agency assumes that 250 facilities (approximately 1⁄2 of 500 facilities) would have 

increased reporting burdens.

The estimated reporting burden includes consideration of §258.57(d), the requirement to 

establish a schedule for implementing and completing remedial measures. The estimated burden 

also includes consideration of §258.57(e), the conditions that would allow no ground-water 

clean-up.

There are annual recordkeeping burdens at §§258.57(b), 258.58(d), and 258.58(e). Each 

of these annual recordkeeping burdens requires 2 hours per facility per year for a total of 6 hours.

Section 258.58 - Implementation of the Corrective Action Program

EPA assumes that no owner or operator will have completed Corrective Action and, 

therefore, be required to comply with §258.58(f) prior to March 2013. Section 258.58(f) is the 

only recordkeeping or reporting burden in §258.58 that is not included in the recordkeeping and 

reporting estimates for §258.57 of the rule, therefore, this section contains no additional 

reporting or recordkeeping requirements.

SUBPART F - CLOSURE AND POST-CLOSURE CARE

Section 258.60 - Closure Criteria

EPA estimates that a one-time burden of 16 hours per facility is required to document the 

closure plan. A review of the State rules indicated that 80% of the current State requirements 

contain a similar provision that would require the owner or operator to submit the same type of 

information that EPA would require in a closure plan. Therefore, 8 facilities (20% of 40) would 

have increased reporting burdens. EPA assumes that all existing and lateral expansions will have 

developed the closure plan prior to January, 1998. There is a one-time recordkeeping burden of 2 

hours per facility.

Section 258.61 - Post-Closure Care Requirements
21

EPA estimates the annual reporting burden for the post-closure care plan to be 16 hours 

per facility. The review of State rules found that 60% of the current State rules contained similar 

requirements that would require the owner or operator to submit the same type of information 

that EPA would require in the post-closure care plans. Therefore, 760 facilities (40% of 1900) 

would have reporting and recordkeeping burdens. There is an annual recordkeeping burden of 2 

hours per facility for the existing 1,140 facilities plus the 40 new facilities.

SUBPART G - FINANCIAL ASSURANCE CRITERIA

Section 258.71 - Financial Assurance for Closure

The estimated annual reporting burden for the financial assurance requirements is 4 hours 

per year per facility for all financial assurance requirements. This includes annually adjusting 

cost estimates for inflation for closure, post-closure care (§258.72), and known corrective actions 

(§258.73). A review of State rules indicated that 40% of the States had requirements for financial 

assurance, therefore, 1140 facilities (60% of 1900) are included in the estimate. There is an 

annual recordkeeping burden of 2 hours per existing facility plus the 40 new facilities.

Section 258.72 - Financial Assurance for Post-Closure Care

See Section 258.71.

Section 258.73 - Financial Assurance for Corrective Action

See Section 258.71.

Section 258.74 - Allowable Mechanisms

See Section 258.71.

6(b) ESTIMATING RESPONDENT COSTS

For estimated labor costs to respondents, see Exhibits 1 through 4. For capital and 

operations and maintenance costs EPA has made the assumptions that 40 new or lateral 

expansions will occur for the period of June 01, 2016 until May 31, 2019. These 40 new or 

lateral expansions will need to perform a hydrogeologic study in order to assess where to 

establish ground water monitoring wells. The study would cost $137,350 per site for a total of 

$5,494,000. This total cost spread out over the 3-year period would be $1,831,333 per year. For 

these new or lateral expansions, they will need to establish 4 wells per site for the purpose of 

ground water monitoring. The capital cost for a total of 160 wells, at a depth of 50 feet, would 

total $1,138,560. This total spread out over the 3-year period would cost $379,520 per year. 

For the purpose of preparing the cost and burden estimates for this ICR, EPA referenced 
22

the U.S. Department of Labor; Bureau of Labor Statistics (BLS) for the current year data 

available (2015) and the General Schedule table for State burden costs, as applied to NAICS 

industry group Code 562, Sanitary Services (private sector wage rates), mean value using an 

overhead factor of 2.3. The latest BLS hourly wage rates are: Legal $164.22 ($71.40x2.3), 

Managerial $125.12 ($54.40x2.3), Technical $67.62 ($29.40x 2.3), and Clerical $36.20 

($15.74x2.3). Labor rates were obtained at http://www.bls.gov/oes/current/oessrci.htm.

The table below presents the wage rates used to estimate the cost to the Agency and 

States. For State agencies, EPA estimates an average hourly respondent labor cost (including 

fringe and overhead) of $60.57 for legal staff, $56.86 for managerial staff, $34.02 for technical 

staff, and $21.70 for clerical staff. These labor costs were obtained from EPA ICR Number 

0976.15.

Estimated Respondent and Agency/State/Local Wage Rates

Labor Category Respondent Wage Rate 

(NAICS Code #5622)

Agency/State Wage Rate (obtained 

from ICR Number 0976.15) 

Legal 164.22 60.57

Managerial 125.12 56.86

Technical 67.62 34.02

Clerical 36.20 21.70

Estimating Capital and Operation & Maintenance Costs

EPA estimates annual capital costs of $379,520 and annual operations and maintenance 

costs of $1,831,333. EPA has revised the ICR to address these additional costs associated with 

performing a hydrogeologic study, installation of ground-water monitoring wells, and sampling 

costs associated with sampling of ground water wells. Estimated costs associated with the 40 

new or lateral expansion sites requiring sampling and analytical work would total $2,210,853 per 

year. This assumes that the sampling and analytical work is not performed by facility personal 

and that analytical work is for analysis of VOC’s only. EPA could not determine how to convert 

from dollars to hours for an event that will most likely be performed by at least one contractor 

and one laboratory service, and not the owner/operator.

6(c) ESTIMATING STATE/LOCAL GOVERNMENT AND AGENCY BURDEN AND 

COST

The annual and one time recordkeeping and reporting burden for State/Local agencies is 

summarized in the table below. The total estimated recordkeeping and reporting burden for 

clerical staff is 2.5 hours per notification and the total estimated burden for technical staff is one 
23

hour per notification. For both recordkeeping and reporting estimates, the Agency assumes that 

neither the legal nor managerial staff will be responsible for any additional burden or cost.

Estimated State/Local Government Recordkeeping / Reporting Burden Cost

Annual

Number of 

Notifications

 1,900

Legal@ 

$60.57 per 

hour

 0

Managerial 

@ $56.86

per hour

 0

Technical 

@ $34.02

per hour

 1.0

Clerical @ 

$21.70 per 

hour

 2.5

Total Cost

per Year

$939,193

One 

Time

Number of 

Notifications

 1,900

Legal@ 

$60.57 per 

hour

 0

Managerial 

@ $56.86

per hour

 0

Technical 

@ $34.02

per hour

 1.0

Clerical @ 

$21.70 per 

hour

 2.5

Total Cost

per Year

 $234,798

All information is submitted to the States/Local government; therefore, Agency burden 

and cost is negligible. The State/local government burden for recordkeeping will be to process 

the notifications of the State Directors sent by the owners and/or operators of the MSWLFs, 

review of MSWLFs demonstrations, and certification of requirements. States will be notified, as 

specified previously under 2(b).

6(d) BOTTOM LINE BURDEN HOURS AND COST/MASTER TABLES

The estimated annual burden and labor cost are shown in Exhibits 1, 3, and the annual 

costs in table in section 6(c). The estimated one-time burden and labor cost are shown in Exhibits 

2, 4, and the one time costs in the table in section 6(c). The Agency assumes that of the 

approximately 1900 notifications, 1/3, or 684 will be State/local/tribal Governments and the 

remaining 2/3, or 1,216 will be private owners as shown in the table below in this section.

The total annual burden for private and non-federal government respondents is 191,568

hours and the estimated cost is $14,081,553 ($11,870,700 labor, $1,831,333 O&M, $379,520

capital).

The one-time burden for State Agencies is 13,300 hours and the estimated labor cost is 
24

$1,173,991.

The total respondent burden for this ICR is 204,868 hours and a cost of $15,255,544.

Respondent Total Annual 

Respondents

Total Annual 

Responses

Total Annual 

Hours

Total Annual 

Capital/Start-up 

and O&M Costs

Private sector 

respondents

1,216 1,216 122,561 $1,473,903

State/Local/Tribal 

sector respondents

684 684 69,007 $736,953

State/Local/Tribal 

Governments as the 

authority

50 1,900 13,300 $0

TOTAL 1,950 3,800 204,868 $ 2,210,853

There are no federal agency costs associated with this collection.

6(e) REASONS FOR CHANGE IN BURDEN

There is an increase of 60 hours in the total estimated burden currently identified in the 

OMB Inventory of Approved ICR Burdens. This is due to the increased number of states 

adopting the Research, Development, and Demonstration section (258.4) since the last ICR 

update.

6(f) BURDEN STATEMENT

The average annual public reporting and recordkeeping burden for this collection of 

information is estimated to average approximately 54 hours per response. Burden means the 

total time, effort, or financial resources expended by persons to generate, maintain, retain, or 

disclose or provide information to or for a Federal agency. This includes the time needed to 

review instructions; develop, acquire, install, and utilize technology and systems for the purposes 

of collecting, validating, and verifying information, processing and maintaining information, and 

disclosing and providing information; adjust the existing ways to comply with any previously 

applicable instructions and requirements; train personnel to be able to respond to a collection of 

information; search data sources; complete and review the collection of information; and 

transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a 

person is not required to respond to, a collection of information unless it displays a currently 
25

valid OMB control number. The OMB control numbers for EPA's regulations are listed in 40 

CFR part 9 and 48 CFR chapter 15. 

To comment on the Agency's need for this information, the accuracy of the provided burden 

estimates, and any suggested methods for minimizing respondent burden, including the use of 

automated collection techniques, EPA has established a public docket for this ICR under Docket 

ID Number EPA-HQ-RCRA-2016-0071, which is available for online viewing at 

www.regulations.gov, or in person viewing at the Resource Conservation and Recovery Act 

(RCRA) Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 

Constitution Avenue, NW, Washington, D.C. The EPA Docket Center Public Reading Room is 

open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The 

telephone number for the Reading Room is (202) 566-1744, and the telephone number for the

RCRA Docket is (202) 566-0270. An electronic version of the public docket is available at 

www.regulations.gov. This site can be used to submit or view public comments, access the 

index listing of the contents of the public docket, and to access those documents in the public 

docket that are available electronically. When in the system, select “search,” then key in the 

Docket ID Number identified above. Also, you can send comments to the Office of Information 

and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, 

D.C. 20503, Attention: Desk Officer for EPA. Please include the EPA Docket ID Number 

EPA-HQ-RCRA-2016-0071 and OMB Control Number 2050-0122 in any correspondence.
26

EXHIBIT 1

ESTIMATED ANNUAL RESPONDENT RECORDKEEPING BURDEN AND COST

Subtitle D Requirement Number of Respondents Hours per Respondent per Activity Total Hours 

per Year

Total Annual Cost 

Existing New Legal Manager Technical Clerical

Small MSWLFs §258.1(f)(2) 0 425 0 0 0 0 0 0

Small MSWLFs §258.1(f)(3) 0 0 0 0 0 0 0 0

RD&D Permit §258.4(c)(4) 16 2 2 2 8 3 270 22,108

Airport Safety §258.10 0 0 0 0 0 0 0 0

Floodplains §258.11 0 0 0 0 0 0 0 0

Wetlands §258.12 0 0 0 0 0 0 0 0

Fault Areas §258.13 0 4 0 0 0 0 0 0

Seismic Impact Zones §258.14 0 4 0 0 0 0 0 0

Unstable Areas §258.15 0 4 0 0 0 0 0 0

Closure of Existing LFs §258.16 0 0 0 0 0 0 0 0

Procedures to exclude HW 

§258.20 (a)(1-3)

1900 0 0 2 2 6 19,000 1,1145,092

Procedures to exclude HW 

§258.20 (a)(4)

0 42 0 0 0 0 0 0

Cover Material §258.21 0 4 0 0 0 0 0 0

Explosive Gas Control §258.23 1900 40 0 0 0 0 0 0

Explosive Gas Control 

§258.23(c)

0 20 0 0 0 0 0 0
27

Subtitle D Requirement Number of Respondents Hours per Respondent per Activity Total Hours 

per Year

Total Annual Cost 

Existing New Legal Manager Technical Clerical

Liquids Restrictions §258.28 0 0 0 0 0 0 0 0

Recordkeeping Requirements 

§258.29

0 0 0 0 0 0 0 0

Alternative Liner Design 

§258.40(c)

0 0 0 0 0 0 0 0

Alternative Point of Compliance 

§258.40(d)

0 0 0 0 0 0 0 0

Project XL Bioreactor Landfill 

Project §258.41

4 2 0 4 8 8 120 7,986

No Migration Petition §258.50(a) 0 0 0 0 0 0 0 0

Establish GWM System §258.53 0 0 0 0 0 0 0 0

Detection Monitoring Program 

§258.54

1520 n/a 0 0 1 1 3,040 157,806

Detection Monitoring Program 

§258.54

380 40 0 0 1 1 840 43,604

Assessment Monitoring Program 

§258.55

500 0 0 0 1 1 1000 51,910

Selection of Remedy §258.57 250 0 0 0 3 3 1500 77,865

Closure Criteria §258.60 0 0 0 0 0 0 0 0

Post-Closure Care Requirements 

§258.61

760 0 0 0 1 1 1,520 78,903

Financial Assurance §258.71 1,140 40 0 0 1 1 2,360 122,508

Total Annual Burden and Cost 29,650 $1,707,782
28

EXHIBIT 2

ESTIMATED ONE-TIME RESPONDENT RECORDKEEPING BURDEN AND COST

Subtitle D Requirement Number of Respondents Hours per Respondent per Activity Total Hours 

per Year

Total Annual Cost 

Existing New Legal Manager Technical Clerical

Small MSWLFs §258.1(f)(2) 0 425 2 0 3 5 4250 302,728

Small MSWLFs §258.1(f)(3) 0 3 2 8 10 10 90 6,904

RD&D Permit §258.4(c)(4) 16 2 0 0 0 0 0 0

Airport Safety §258.10 0 20 0 2 4 4 200 13,310

Floodplains §258.11 0 8 0 2 4 4 80 5,324

Wetlands §258.12 0 0 0 0 0 0 0 0

Fault Areas §258.13 0 4 0 0 0 0 0 0

Seismic Impact Zones §258.14 0 4 0 2 4 4 40 2,662

Unstable Areas §258.15 0 4 0 2 4 4 40 2,662

Closure of Existing LFs §258.16 0 0 0 0 0 0 0 0

Procedures to exclude HW 

§258.20 (a)(1-3)

0 0 0 0 0 0 0 0

Procedures to exclude HW 

§258.20 (a)(4)

42 0 0 0 1 1 84 4,360

Cover Material §258.21 0 4 2 2 10 10 96 6,468

Explosive Gas Control §258.23 0 40 0 4 11 9 960 62,804

Explosive Gas Control §258.23(c) 20 0 0 1 5 10 320 16,504
29

Subtitle D Requirement Number of Respondents Hours per Respondent per Activity Total Hours 

per Year

Total Annual Cost 

Existing New Legal Manager Technical Clerical

Liquids Restrictions §258.28 0 20 0 0 1 1 4 2,076

Recordkeeping Requirements 

§258.29

0 44 0 2 4 4 440 29,283

Alternative Liner Design 

§258.40(c)

0 2 0 0 0 0 0 0

Alternative Point of Compliance 

§258.40(d)

0 0 0 0 0 0 0 0

Project XL Bioreactor Landfill 

Project §258.41

0 0 0 0 0 0 0 0

No Migration Petition §258.50(a) 0 4 0 0 1 1 8 415

Establish GWM System §258.53 0 8 0 0 3 3 48 2,492

Detection Monitoring Program 

§258.54

0 0 0 0 0 0 0 0

Detection Monitoring Program 

§258.54

0 0 0 0 0 0 0 0

Assessment Monitoring Program 

§258.55

0 0 0 0 0 0 0 0

Selection of Remedy §258.57 0 0 0 0 0 0 0 0

Closure Criteria §258.60 0 8 0 0 1 1 16 831

Post-Closure Care Requirements 

§258.61

760 0 0 0 0 0 0 0

Financial Assurance §258.71 0 0 0 0 0 0 0 0

Total Annual Burden and Cost 6,712 $459,022
30

EXHIBIT 3

ESTIMATED ANNUAL RESPONDENT REPORTING BURDEN AND COST

Subtitle D Requirement Number of Respondents Hours per Respondent per Activity Total Hours 

per Year

Total Annual Cost 

Existing New Legal Manager Technical Clerical

Small MSWLFs §258.1(f)(2) 0 0 0 0 0 0 0 0

Small MSWLFs §258.1(f)(3) 0 0 0 0 0 0 0 0

RD&D Permit §258.4(c)(4) 16 2 2 2 8 3 270 22,108

Airport Safety §258.10 0 0 0 0 0 0 0 0

Floodplains §258.11 0 0 0 0 0 0 0 0

Wetlands §258.12 0 0 0 0 0 0 0 0

Fault Areas §258.13 0 4 0 0 0 0 0 0

Seismic Impact Zones §258.14 0 4 0 0 0 0 0 0

Unstable Areas §258.15 0 4 0 0 0 0 0 0

Closure of Existing LFs §258.16 0 0 0 0 0 0 0 0

Procedures to exclude HW 

§258.20 (a)(1-3)

1900 0 0 0 1 1 3,800 197,258

Procedures to exclude HW 

§258.20 (a)(4)

0 42 0 0 0 0 0 0

Cover Material §258.21 0 4 0 0 0 0 0 0

Explosive Gas Control §258.23 1900 40 0 0 1 5 11,640 483,323

Explosive Gas Control 

§258.23(c)

0 20 0 0 0 0 0 0
31

Subtitle D Requirement Number of Respondents Hours per Respondent per Activity Total Hours 

per Year

Total Annual Cost 

Existing New Legal Manager Technical Clerical

Liquids Restrictions §258.28 0 0 0 0 0 0 0 0

Recordkeeping Requirements 

§258.29

0 0 0 0 0 0 0 0

Alternative Liner Design 

§258.40(c)

0 0 0 0 0 0 0 0

Alternative Point of Compliance 

§258.40(d)

0 0 0 0 0 0 0 0

Project XL Bioreactor Landfill 

Project §258.41

2 4 2 8 10 10 180 14,206

No Migration Petition §258.50(a) 0 0 0 0 0 0 0 0

Establish GWM System §258.53 0 0 0 0 0 0 0 0

Detection Monitoring Program 

§258.54

1,520 n/a 0 5 10 12 41,040 2,639,024

Detection Monitoring Program 

§258.54

380 40 0 6 12 14 13,440 868,963

Assessment Monitoring Program 

§258.55

500 0 2 6 12 12 16,000 1,162,500

Selection of Remedy §258.57 250 0 10 30 40 120 50,000 3,111,150

Closure Criteria §258.60 0 0 0 0 0 0 0 0

Post-Closure Care Requirements 

§258.61

760 0 1 3 4 8 12,160 835,742

Financial Assurance §258.71 1140 40 0 0 2 2 4,720 245,015

Total Annual Burden and Cost 153,250 $9,578,289
32

EXHIBIT 4

ESTIMATED ONE-TIME RESPONDENT REPORTING BURDEN AND COST

Subtitle D Requirement Number of Respondents Hours per Respondent per Activity Total Hours 

per Year

Total Annual Cost 

Existing New Legal Manager Technical Clerical

Small MSWLFs §258.1(f)(2) 0 425 0 0 1 1 850 44,889

Small MSWLFs §258.1(f)(3) 0 3 0 0 1 1 6 317

RD&D Permit §258.4(c)(4) 16 2 0 0 0 0 0 0

Airport Safety §258.10 0 20 0 0 1 1 40 2,076

Floodplains §258.11 0 8 0 0 1 1 16 831

Wetlands §258.12 0 0 0 0 0 0 0 0

Fault Areas §258.13 0 4 0 0 1 1 8 415

Seismic Impact Zones §258.14 0 4 0 0 1 1 8 415

Unstable Areas §258.15 0 4 0 0 1 1 8 415

Closure of Existing LFs §258.16 0 0 0 0 0 0 0 0

Procedures to exclude HW 

§258.20 (a)(1-3)

0 0 0 0 0 0 0 0

Procedures to exclude HW 

§258.20 (a)(4)

42 0 0 0 1 1 84 4,360

Cover Material §258.21 0 4 0 0 1 1 8 415

Explosive Gas Control §258.23 0 40 0 0 0 0 0 0

Explosive Gas Control 

§258.23(c)

20 0 0 0 1 1 40 2,076
33

Subtitle D Requirement Number of Respondents Hours per Respondent per Activity Total Hours 

per Year

Total Annual Cost 

Existing New Legal Manager Technical Clerical

Liquids Restrictions §258.28 0 20 0 0 1 1 40 2,076

Recordkeeping Requirements 

§258.29

0 40 0 0 1 1 80 4,152

Alternative Liner Design 

§258.40(c)

0 2 2 10 20 8 80 6,443

Alternative Point of Compliance 

§258.40(d)

0 0 0 0 0 0 0 0

Project XL Bioreactor Landfill 

Project §258.41

0 0 0 0 0 0 0 0

No Migration Petition §258.50(a) 0 4 5 20 60 15 400 31,695

Establish GWM System §258.53 0 8 0 8 8 4 160 13,494

Detection Monitoring Program 

§258.54

0 0 0 0 0 0 0 0

Detection Monitoring Program 

§258.54

0 0 0 0 0 0 0 0

Assessment Monitoring Program 

§258.55

0 0 0 0 0 0 0 0

Selection of Remedy §258.57 0 0 0 0 0 0 0 0

Closure Criteria §258.60 0 8 2 4 8 2 128 11,538

Post-Closure Care Requirements 

§258.61

760 0 0 0 0 0 0 0

Financial Assurance §258.71 0 0 0 0 0 0 0 0

Total Annual Burden and Cost 1,956 $125,607