Implementation of Subtitle D Regulations
This
section is dedicated
to providing
information regarding
the implementation
of Federal Subtitle
D regulations
State Water Resources
Control Board
and by Regional
Water Quality
Control Boards.
The subjects
covered under
this section
may be updated
regularly. If
you have any
questions or
suggestions about
the implementation
of Subtitle D
regulations,
please inform
us. The following
subjects are
addressed currently:
What
is Subtitle D?
Subtitle D is
a set of federal
requirements
(Subpart 257
and 258, Title
40, Federal Code
of Regulations)
for public and
private landfills
receiving municipal
solid waste waste.
It sets out minimum
standards for
design, operation,
location, closure
and postclosure.
United States
Environmental
Protection Agency (US EPA) adopted the Subtitle
D regulations
on October 9,
1991 and most
provisions became
effective on
October 9, 1993.
How
is California
affected by Subtitle
D?
Subtitle D was
intended to be
a model upon
which the states
could establish
their own solid
waste landfill
regulatory program.
Each state must
adopt such a
program and apply
for approval
from US EPA.
California has
received full
final approval
from US EPA,
based on its
existing landfill
regulatory program
and SWRCB Resolution
No. 93-62.
If
California already
had requirements
and standards
for regulating
municipal solid
waste, why wasn't
the state's program
grandfathered?
There are no
provisions in
federal law that
allow for exempting
any state's program.
For a state to
obtain full program
approval, its
program must
have had an equivalent
or more stringent
provision for
each and every
Subtitle D provision.
While much of
California's
program was deemed
equivalent or
more stringent,
US EPA found
other areas inadequate.
Thus, California
adopted some
of the federal requirements
by amending its
policies and
regulations in
order to obtain
full approval.
How
is Subtitle D
implemented in
California?
Subtitle D is
a self-implementing
federal program.
It went into
effect on the
designated federal
dates and coexists
with California's
program. Under
federal authority
found in the
Resource Conservation
and Recovery
Act, citizens
who wish to challenge
a landfill operator's
practices can
file suit in
federal court.
The California
Integrated Waste
Management Board (CIWMB) and State Water
Resources Control
Board (SWRCB) are jointly responsible
for implementing
California's
program. Regional
Water Quality
Control Boards
implement the
water quality
aspects of the
state program.
The Local Enforcement
Agencies and
the CIWMB implement
the public health
and safety aspects
of the state
program.
How
does Subtitle
D affect waste
discharge requirements?
The SWRCB adopted
a policy (Resolution
No. 93-62),
reflecting water
quality mandates
of Subtitle D,
that requires
Regional Boards
to amend all
municipal solid
waste landfill
waste discharge
requirements.
Is
Subtitle D designed
to eliminate
small facilities?
US EPA has stated
the intent of
Subtitle D is
to promote regionalization
by closing small
facilities which
cannot afford
to comply with
location, design,
operating, closure
and postclosure
requirements
of the federal
regulations.
Such landfills
may be forced
to close and
transport waste
great distances
to larger landfills.
Using the flexibility
allowed under
Subtitle D, California
is trying to mitigate this
effect to the
extent possible.
Are
there any grant
or loan funds
to help us comply
with the new
criteria?
Subtitle D is
an unfunded federal
mandate. However,
with approval
of California's
program as "federally
equivalent",
the state has
the maximum flexibility
allowed under
Subtitle D. Managing
the state's program
without this
flexibility would
present an even
more onerous
burden to both
public and private
operators.
What steps do I follow as an operator need to take after October 9, 1993?
- Familiarize yourself with the requirements of Subtitle D and the changes to the state program. Review your practices to ensure compliance with new requirements.
- Assess the surrounding community to determine the likelihood of a citizen lawsuit. Discuss the citizen lawsuit aspect of Subtitle D with your legal counsel so that you can protect yourself in the event a suit is filed.
- Evaluate costs of conforming with Subtitle D, to determine options for the future, i.e., continuing to maintain operation, raising fees to pay for any additional requirements, closing or selling the operation, etc.
- Put required information in your operating record, and send CIWMB notification once the information has been placed in the operating record.
- Contact your Local Enforcement Agency or the CIWMB for information on permit revisions or modifications.
- Contact the Regional Water Quality Control Board if you have plans to expand the landfill, to ensure compliance with new water requirements associated with expansions.
- Analyze your operation to determine whether or not you wish to apply for alternatives in the designated areas of flexibility allowed under the state's program.