[Federal Register Volume 64, Number 192 (Tuesday, October 5, 1999)]
[Notices]
[Pages 54013-54014]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-25840]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL 6451-4]
Guam: Adequacy Determination of State Municipal Solid Waste
Permit Program
AGENCY: Environmental Protection Agency.
ACTION: Notice of tentative determination to fully approve the adequacy
of the Guam Municipal Solid Waste Permitting Program, public hearing,
and public comment period.
-----------------------------------------------------------------------
SUMMARY: Section 4005(c)(1)(B) of the Resource Conservation and
Recovery Act (RCRA), as amended by the Hazardous and Solid Waste
Amendments (HSWA) of 1984, 42 U.S.C. 6945(1)(B), requires states to
develop and implement permit programs to ensure that municipal solid
waste landfills (MSWLFs), which may receive hazardous household waste
or small quantity generator hazardous waste will comply with the
revised Federal MSWLF Criteria (40 CFR part 258). RCRA Section
4005(c)(1)(C), 42 U.S.C. 6945(c)(1)(C), requires the Environmental
Protection Agency (EPA) to determine whether states have adequate
``permit'' programs for MSWLFs, but does not mandate issuance of a rule
for such determinations. Approved State permit programs provide for
interaction between the State and the Owner/Operator regarding site-
specific permit conditions. Only those owners/operators located in
States with approved permit programs can use the site specific
flexibilities provided by 40 CFR part 258 to the extent the State
permit program allows such flexibility. EPA notes that, regardless of
the approval status of any facility, the federal landfill criteria
shall apply to all permitted and unpermitted MSWLF facilities.
Guam is defined as a ``State'' in 40 CFR part 258.2. Guam has
applied for a determination of adequacy under Section 4005(c)(1)(C) of
RCRA, 42 U.S.C. 6945(c)(1)(C). EPA Region IX has reviewed Guam's MSWLF
permit program application and has made a tentative determination that
all portions of Guam's MSWLF permit program are adequate to assure
compliance with the revised MSWLF Criteria. Guam's application for
program adequacy determination is available for public review and
comment at the place(s) listed in the ADDRESSES section below during
regular office hours.
Although RCRA does not require EPA to hold a public hearing on a
determination to approve any State's MSWLF permit program, the Region
has tentatively scheduled a public hearing on this determination. If a
sufficient number of persons express interest in participating in a
hearing by writing to the Region IX Solid Waste Program or calling the
contact given below within 30 days of the date of publication of this
notice, the Region will hold a hearing in Tiyan, Guam. The Region will
notify all persons who submit comments on this notice if it appears
that there is sufficient public interest to warrant a hearing. In
addition, anyone who wishes to learn whether the hearing will be held
may call the person listed in the CONTACTS section below.
DATES: All comments on Guam's application for a determination of
adequacy must be received by the close of business on November 1, 1999.
If there is sufficient interest, a public hearing will be held in
Tiyan, Guam at least 45 days from the date of publication of this
notice. The State will
[[Page 54014]]
participate in the public hearing, if held by EPA on this subject.
ADDRESSES: Written comments should be sent to Ms. Heidi Hall, Chief,
Solid Waste Program, mail code WST-7, EPA Region IX, 75 Hawthorne
Street, San Francisco, California 94105. The public hearing, if held,
will be held at the Guam Environmental Protection Agency's Main
Conference Room, Building 15-6101 Mariner Avenue, Tiyan, Guam. Copies
of Guam's application for adequacy determination are available at the
following address for inspection and copying: Guam Environmental
Protection Agency, Calibration Laboratory Building, 15-6101 Mariner
Ave. Tiyan, Barrigada, Guam between the hours of 8:00 a.m. and 5:00
p.m.
FOR FURTHER INFORMATION CONTACT: EPA Region IX 75 Hawthorne Street, San
Francisco, California 94105 attention Ms. Beth Godfrey, mail code WST-
7, telephone 415 744-2095.
SUPPLEMENTARY INFORMATION:
A. Background
On October 9, 1991, EPA promulgated revised Criteria for MSWLFs (40
CFR part 258). Subtitle D of RCRA, as amended by the Hazardous and
Solid Waste Amendments of 1984 (HSWA), requires states to develop
permitting programs to ensure that MSWLFs comply with the Federal
Criteria under 40 CFR part 258. Subtitle D also requires in Section
4005(c)(1)(C), 42 U.S.C. 6945(c)(1)(C), that EPA determine the adequacy
of state municipal solid waste landfill permit programs to ensure that
facilities comply with the revised Federal Criteria. To fulfil this
requirement, the Agency has promulgated the Final State Implementation
Rule (SIR). The rule specifies the requirements which State programs
must satisfy to be determined adequate.
EPA interprets the requirement for states to develop ``adequate''
programs for permits or other forms of prior approval and conditions
(for example license to operate) to impose several minimum
requirements. First, each State must have enforceable standards for new
and existing MSWLFs that are technically comparable to EPA's revised
MSWLF criteria. Next, the State must have the authority to issue a
permit or other notice of prior approval and conditions to all new and
existing MSWLFs in it jurisdiction. The State also must provide for
public participation in permit issuance and enforcement, as required in
Section 7004(b) of RCRA, 42 U.S.C. 6974(b). Finally, the State must
show that it has sufficient compliance monitoring and enforcement
authorities to take specific action against any owner or operator that
fails to comply with an approved MSWLF program.
EPA Regions will determine whether a State has submitted an
``adequate'' program based on the interpretation outlined above. EPA
expects States to meet all of these requirements for all elements of a
MSWLF program before it gives full approval to a MSWLF program.
B. Guam
On August 24, 1998 EPA Region IX received Guam's final MSWLF Permit
Program application for adequacy determination. Region IX reviewed the
final application, submitted comments to Guam, and requested additional
information about the state program implementation. Guam addressed
EPA's comments, provided the requested additional information, and
submitted a revised final application for adequacy determination on
June 16, 1999. Region IX has reviewed Guam's revised application and
has tentatively determined that all portions of Guam's MSWLF program
meet all the requirements necessary to qualify for full program
approval and ensures compliance with the revised Federal Criteria.
The public may submit written comments on EPA's tentative
determination until November 1, 1999. Copies of Guam's application are
available for inspection and copying at the location indicated in the
ADDRESSES section of this notice.
To ensure full compliance with the Federal Criteria, Guam has
revised its current MSWLF permitting requirements by amendment of the
Solid Waste Disposal Rules and Regulations. This document has
incorporated those requirements from the federal criteria not found in
Guam's existing MSWLF program and are applicable to all existing MSWLFs
and to all MSWLF permit applications. Guam will implement its MSWLF
permit program through enforceable permit conditions.
EPA will consider all public comments on its tentative
determination received during the public comment period and during any
public hearing held. Issues raised by those comments may be the basis
for a determination of inadequacy for Guam's program. EPA will make a
final decision on approval of Guam's program and will give notice of
the final determination in the Federal Register. The notice shall
include a summary of the reasons for the final determination and a
response to all significant comments.
Section 4005(a) of RCRA, 42 U.S.C. 6945(a), provides that citizens
may use the citizen suit provisions of Section 7002 of RCRA, 42 U.S.C.
6972, to enforce the Federal Criteria in 40 CFR part 258 independent of
any State enforcement program. As EPA explained in the preamble to the
final MSWLF criteria, EPA expects that any owner or operator complying
with provisions in a State program approved by EPA should be considered
to be in compliance with the Federal Criteria. See 56 FR 50978, 50995
(October 9, 1991).
Compliance With Executive Order 12866
The Office of Management and Budget has exempted this notice from
the requirements of Section 6 of Executive Order 12866.
Certification Under the Regulatory Flexibility Act
Pursuant to the provisions of 5 U.S.C. 605(b), I hereby certify
that this approval will not have a significant economic impact on a
substantial number of small entities. It does not impose any new
burdens on small entities. This notice, therefore, does not require a
regulatory flexibility analysis.
Authority: This notice is issued under the authority of Section
4005 of the Solid Waste Disposal Act, as amended, 42 U.S.C. 6946.
Dated: September 21, 1999.
Felicia Marcus,
Regional Administrator.
[FR Doc. 99-25840 Filed 10-4-99; 8:45 am]
BILLING CODE 6560-50-P
