[Federal Register Volume 61, Number 196 (Tuesday, October 8, 1996)]
[Notices]
[Pages 52791-52793]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25790]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5630-5]
Indiana: Final Full Program Determination of Adequacy of State
Municipal Solid Waste Landfill Permit Program
AGENCY: Environmental Protection Agency, Region 5.
ACTION: Notice of final full program determination of adequacy on
Indiana's application.
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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, requires States to develop and implement
permit programs to ensure that municipal solid waste landfills (MSWLFs)
which may receive household hazardous waste or small quantity generator
waste will comply with the revised Federal MSWLF Criteria (40 CFR Part
258). RCRA section 4005(c)(1)(C) requires the United States
Environmental Protection Agency (U.S. EPA) to determine whether States
have adequate ``permit'' programs for MSWLFs, but does not mandate
issuance of a rule governing such determinations. The U.S. EPA has
proposed a State/Tribal Implementation Rule (STIR) (61 FR 2584, January
26, 1996) that provides procedures by which the U.S. EPA will approve,
or partially approve, State/Tribal landfill permit programs. The Agency
intends to approve adequate State MSWLF permit programs as applications
are submitted. Thus, these approvals are not dependent on final
promulgation of the STIR. Prior to final promulgation of the STIR,
adequacy determinations will be made based on statutory authorities and
requirements. In addition, States/Tribes may use the proposed STIR as
an aid in interpreting these requirements. The Agency believes that
early approvals have an important benefit. Approved State/Tribal permit
programs provide for interaction between the State/Tribe and the owner/
operator regarding site-specific permit conditions. Only those owners/
operators located in States/Tribes with approved permit programs can
use the site-specific flexibility provided by 40 CFR Part 258 to the
extent the State/Tribal permit program allows such flexibility.
Indiana applied for a partial program determination of adequacy
under Section 4005 of RCRA on June 3, 1993. The U.S. EPA reviewed
Indiana's application and made a final determination of adequacy (58 FR
59261, November 8, 1993) for those portions of the MSWLF permit program
that were adequate to ensure compliance with the revised Federal MSWLF
Criteria. Indiana amended its original application and applied for full
program approval on June 27, 1996. The U.S. EPA reveiwed Indiana's
amended application and today is issuing a tentative determination of
adequacy for all portions of Indiana's MSWLF permit program. Indiana's
amended application for full program adequacy determination is
available for public review and comment. The tentative determination
will become final and effective sixty (60) days following the date of
this publication if no adverse comments are received.
DATES: The determination of adequacy for Indiana shall be effective on
December 9, 1996, unless adverse comments are received. If adverse
comments are received, a second Federal Register Notice will be
published describing these comments and the U.S. EPA's responses to the
comments and decision on final adequacy.
All comments on Indiana's application for a full determination of
adequacy must be received by the U.S. EPA Region 5 by the close of
business on November 7, 1996.
ADDRESSES: Copies of Indiana's application for a full determination of
adequacy are available for inspection and copying from 9 a.m to 4 p.m.
during normal working days at the following addresses: Indiana
Department of Environmental Management, 100 North Senate Avenue,
Indianapolis, Indiana 46206, Attn: Ms. Lynn West; and U.S. EPA Region
5, 77 West Jackson Boulevard, Chicago, Illinois 60604, Attn: Ms. Susan
Mooney, mail code DRP-8J. All written comments should be sent to the
EPA Region 5 Office.
FOR FURTHER INFORMATION CONTACT: U.S. EPA Region 5, 77 West Jackson
Boulevard, Chicago, Illinois, 60604, Attn: Ms. Susan Mooney, mailcode
DRP-8J, telephone (312) 886-3585.
SUPPLEMENTARY INFORMATION:
A. Background
On October 9, 1991, the U.S. EPA promulgated revised Federal MSWLF
Criteria (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 facilities comply with the
revised
[[Page 52792]]
Federal Criteria. Subtitle D also requires in Section 4005 that the
U.S. EPA determine the adequacy of State municipal solid waste landfill
permit programs to ensure that facilities comply with the revised
Federal MSWLF Criteria. To fulfill this requirement, the Agency has
proposed the State/Tribal Implementation Rule (STIR). The rule
specifies the requirements which State/Tribal programs must satisfy to
be determined adequate.
The U.S. EPA will review the State/Tribe's requirements to
determine whether they are ``adequate'' under Section 4005(c)(1)(C) of
RCRA. The U.S. EPA interprets the requirements for States or Tribes to
develop ``adequate'' programs for permits or other forms of prior
approval to impose several minimum requirements. First, each State/
Tribe must have enforceable standards for new and existing MSWLFs that
are technically comparable to the revised Federal MSWLF Criteria.
Second, the State/Tribe must have the authority to issue a permit or
other notice of prior approval to all new and existing MSWLFs in its
jurisdiction. The State/Tribe must also provide for public
participation in permit issuance and enforcement as required in Section
7004(b) of RCRA. Third, the U.S. EPA believes that the State/Tribe must
show that it has sufficient compliance monitoring and enforcement
authorities to take specific action against any owner or operator who
fails to comply with an approved MSWLF program.
The U.S. EPA Regions will determine whether a State/Tribe has
submitted an ``adequate'' program based on the interpretation outlined
above.
B. State of Indiana
On June 3, 1993, Indiana submitted an application to obtain a
partial program adequacy determination for the State's municipal solid
waste landfill permit program. On November 8, 1993, the U.S. EPA
published a final determination of adequacy for Indiana's program.
Further background on the final partial program determination of
adequacy appears at 58 FR 59261, November 8, 1993.
On June 27, 1996 Indiana amended its June 3, 1993 application to
apply for full program approval. The amended application includes a
description of the changes made to Indiana's MSWLF permit program since
the partial program approval.
The U.S. EPA has reviewed Indiana's amended application and has
determined that the State's MSWLF permit program will ensure compliance
with all portions of the revised Federal Criteria. Specifically,
Indiana has adequately addressed those portions of its MSWLF permit
program that were not approved in the partial determination of adequacy
in November 1993. In addition to those portions of the State's MSWLF
permit program that were approved on November 8, 1993, the U.S. EPA has
determined that the State's revised MSWLF permit program will ensure
adequacy with the following portions of the Federal criteria:
1. Definitions listed in 40 CFR 258.2
2. Location restrictions for airports (notification of FAA only),
floodplains for existing MSWLF units, fault areas, seismic impact
zones, unstable areas and closure of existing MSWLF units in 40 CFR
258.10(b), 258.11, 258.13, 258.14, 258.15, and 258.16.
3. Operating requirements for the exclusion of hazardous waste,
quarterly monitoring of explosive gases, implementation of remediation
plan for explosive gas control, and recordkeeping in 40 CFR 258.20,
258.23(b)(2), 258.23(c)(2) and (3), and 258.29.
4. Design requirements in 40 CFR 258.40.
5. Field filtering provisions in 40 CFR 258.53(b).
6. Detection and assessment groundwater monitoring programs and
parameters that are consistent with the revised Federal Criteria in 40
CFR 258.54 and 258.55.
7. Corrective action, as described in 40 CFR 258.56, 258.57, and
258.58.
8. Final cover (40 CFR 258.60(a) and (b)), the maximum inventory of
waste ever on-site in the closure plan (40 CFR 258.60(c)(3)), and the
requirement to include a description of planned uses of the MSWLF in
the post-closure care plan (40 CFR 258.61(c)(3)).
9. Financial assurance for corrective action (40 CFR 258.73).
As described in the November 8, 1993 partial program approval,
Indiana's MSWLF permit program has the authority to issue permits that
incorporate the requirements in the revised Federal MSWLF Criteria to
all MSWLFs in the State. In addition, Indiana's permit program contains
provisions for public participation, compliance monitoring, and
enforcement.
The Indiana compliance monitoring program has the authority to
obtain information from a MSWLF facility, as well as the authority to
enter and inspect any MSWLF site or record pertaining to solid waste
management, to determine compliance. Indiana has mechanisms to verify
the accuracy of information submitted by a MSWLF facility to verify the
sampling methods used by a MSWLF facility, and to produce evidence
admissible in an enforcement proceeding. Indiana has the authority to
conduct monitoring or testing to ensure compliance. Indiana inspects
MSWLFs to verify and document compliance with solid waste regulations,
deter violations, and provide opportunities to inform and educate the
regulated community.
Indiana has the authority to implement the following remedies for
violation of program requirements:
1. Authority to restrain a person from conducting an activity that
may endanger or cause damage of human health or the environment;
2. Authority to sue an individual who is violating provisions of
any statutes, regulations, orders, or permits that have been issued by
the State; and
3. Authority to administratively assess penalties for violating
statutes, regulations, orders, or permits.
C. Decision
After reviewing the amended application, I conclude that Indiana's
application for full program adequacy determination meets all of the
statutory and regulatory requirements established by RCRA. Accordingly,
Indiana is granted a full program determination of adequacy.
Section 4005(a) of RCRA provides that citizens may use the citizen
suit provisions of Section 7002 of RCRA to enforce the revised Federal
MSWLF criteria in 40 CFR Part 258 independent of any State enforcement
program. As the U.S. EPA explained in the preamble to the revised
Federal MSWLF Criteria, the U.S. EPA expects that any owner or operator
complying with provisions in a State/Tribal program approved by the
U.S. EPA should be considered to be in compliance with the revised
Federal MSWLF Criteria. See 56 FR 50978, 50995 (October 9, 1991).
Today's action takes effect 60 days after the date of publication
if no adverse comments are received.
Compliance With Executive Order 12866
The Office of Management and Budget has exempted this rule 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 final 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 rule, therefore, does not require a
regulatory flexibility analysis.
[[Page 52793]]
Submission to Congress and the General Accounting Office
Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives and the Comptroller General of the
General Accounting Office prior to publication of this rule in today's
Federal Register. This rule is not a ``major rule'' as defined by 5
U.S.C. 804(2).
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 20, 1996.
Norman Niedergang,
Acting Regional Administrator.
[FR Doc. 96-25790 Filed 10-7-96; 8:45 am]
BILLING CODE 6560-50-P
