[Code of Federal Regulations]
[Title 40, Volume 22]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR256.41]

[Page 364]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 256--GUIDELINES FOR DEVELOPMENT AND IMPLEMENTATION OF STATE SOLID 
WASTE MANAGEMENT PLANS--Table of Contents
 
             Subpart E--Facility Planning and Implementation
 
Sec. 256.41  Recommendations for assessing the need for facilities.

    (a) In meeting the requirement for adequate resource conservation, 
recovery, storage, treatment and disposal facilities and practices, the 
State plan should provide for an assessment of the adequacy of existing 
facilities and practices and the need for new or expanded facilities and 
practices.
    (1) The needs assessment should be based on current and projected 
waste generation rates and on the capacities of presently operating and 
planned facilities.
    (2) Existing and planned resource conservation and recovery 
practices and their impact on facility needs should be assessed.
    (3) Current and projected movement of solid and hazardous waste 
across State and local boundaries should be assessed.
    (4) Special handling needs should be determined for all solid waste 
categories.
    (5) Impact on facility capacities due to predictable changes in 
waste quantities and characteristics should be estimated.
    (6) Environmental, economic, and other constraints on continued 
operation of facilities should be assessed.
    (7) Diversion of wastes due to closure of open dumps should be 
anticipated.
    (8) Facilities and practices planned or provided for by the private 
sector should be assessed.
    (b) The State plan should provide for the identification of areas 
which require new capacity development, based on the needs assessment.