Comments on the Proposed Revision to the RD&D Permits Rule for MSW Landfills

ASTSWMO appreciates the opportunity to provide comments on the U.S. Environmental Protection Agency (EPA) proposed rule, Revision to the Research, Development and Demonstration (RD&D) Permits Rule for Municipal Solid Waste Landfills, published in the Federal Register on November 13, 2015 (80 FR 70180). These comments have not been reviewed or adopted by the ASTSWMO Board of Directors. In addition, individual State or Territorial solid waste programs may also provide comments based on their own perspectives and experiences.

Oil and Gas Exploration and Production Waste Management Survey Report

The report provides the findings of a survey conducted by the ASTSWMO Beneficial Use Task Force regarding management of exploration and production wastes (E&P wastes) from development of oil and gas resources in the United States. Forty States responded to the survey, the scope of which included the following: State regulatory schemes and agencies involved; State definitions of E&P waste; relative quantities of various wastes generated; management of disposal methods and limitations on disposal; management of radiological constituents and management of beneficial use.

State Regulations and Policies for Control of Naturally-Occurring and Accelerator Produced Radioactive Materials (NARM) and Technologically Enhanced Naturally-Occurring Radioactive Materials (TENORM)

Between 2011 and 2012, the Association of State and Territorial Solid Waste Management Officials’ (ASTSWMO’s) Radiation Focus Group developed three reference documents on naturally-occurring, radioactive materials (NORM). The first, Incidental TENORM: A Guidance for State Solid Waste Managers (April 2011), provides information to inform solid waste managers about technologicallyenhanced, naturally-occurring, radioactive materials (TENORM), including an introduction to these materials, toxicity, waste generation, and disposal. This guidance document was followed up by the release of two fact sheets: TENORM Associated with Drinking Water Treatment (May 2011) and TENORM Associated with Shale Gas Operations (July 2012).

Product Stewardship Program Evaluation Tool

This tool was developed as a follow-up piece to the ASTSWMO Product Stewardship Framework Policy document, which is described in a subsequent section. As noted in the policy document, under a framework approach, States can define the product stewardship program structure, set criteria for selecting products and then add products to the stewardship program either by regulation or legislative authorization. Therefore, the State programs that are the focus of this guidance are those that have been created by regulation and/or legislation, and as such include data requirements. Voluntary State product stewardship programs are outside of the scope of the tool, though those programs may be able to use some of the concepts.

ASTSWMO Position Paper on Coal Combustion Residuals

This publication has been replaced by this document here.
On June 21, 2010, the U.S. Environmental Protection Agency (EPA) proposed the rule, Hazardous and Solid Waste Management System; Identification and Listing of Special Wastes; Disposal of Coal Combustion Residuals From Electric Utilities (75 FR 35127). In this rulemaking, EPA co-proposed two options for regulation of coal combustion residuals (CCRs). Under one option, EPA would reverse its August 1993 and May 2000 Bevill Regulatory Determinations regarding CCRs and list CCRs as a special waste subject to regulation under Subtitle C of the Resource Conservation and Recovery Act (RCRA) when they are destined for disposal in landfills or surface impoundments. The other option would leave the Bevill determination in place and regulate disposal of CCRs under RCRA Subtitle D, with EPA issuing national minimum criteria under 40 CFR part 257 Criteria for Classification of Solid Waste Disposal Facilities and Practices. The proposal did not address the placement of CCRs in mines, or non-minefill uses of CCRs at coal mine sites. The proposal also did not change the May 2000 Regulatory Determination for beneficially used CCRs, which as EPA noted are currently exempt from the hazardous waste regulations under Section 3001(b)(3)(A) of RCRA. However, EPA did indicate that it was clarifying the determination and seeking comment on potential refinements for certain beneficial uses. This position paper is based in large part upon comments that ASTSWMO provided to EPA on November 19, 2010 in response to the proposal.

ASTSWMO Subtitle D Post-Closure Position Paper

Regulations promulgated approximately twenty years ago by individual States under the authority of Subtitle D of the Resource Conservation and Recovery Act (RCRA) include provisions regarding the post-closure care of municipal solid waste (MSW) landfills. The Subtitle D regulations establish a 30-year post-closure care period as the default requirement (See 40 CFR § 258.61).

RCRA and the State regulations include provisions allowing the 30-year period to be extended or shortened. The 30-year period may be extended if the Director of an approved State program “determines that the lengthened period is necessary to protect human health and the environment.” The 30-year period may be shortened by the State Director if the “owner or operator demonstrates that the reduced period is sufficient to protect human health and the environment.”

ASTSWMO Subtitle C and Subtitle D Post-Closure Care Period Final Survey Report

In August 2011, the ASTSWMO Hazardous Waste and Materials Management Subcommittees conducted a joint Subtitle C and Subtitle D Post-Closure Care (PCC) Period Survey that was sent to hazardous and solid waste programs in the States, Territories and District of Columbia (States), to gather information on States’ policies and/or regulations with respect to post-closure requirements beyond 30 years.

Beneficial Use of Coal Combustion Residuals (CCRs) Survey Report

The ASTSWMO Beneficial Use Task Force prepared this Beneficial Use of Coal Combustion Residuals (CCRs) Survey Report to update its information on State regulation regarding the beneficial use of CCRs. The report includes information regarding: State definitions of CCRs; classification systems and tiered approaches; large scale fills; and end-of-life management.

Identification of Non-Hazardous Secondary Materials That Are Solid Waste

The Municipal D Waste Task Force within the Materials Management Subcommittee of the Association of State and Tenitorial Solid Waste Management Officials (ASTSWMO) appreciates the opportunity to provide comments regarding the U.S. Environmental Protection Agency’s (“EPA”) proposed Commercial and Industrial Solid Waste Incineration Units.

Reconsideration and Proposed Amendments: Non-Hazardous Secondary Materials That Are Solid Waste (cumulatively called the “CISWI Reconsideration,” 76 FR 80452, December 23, 2011).