[Federal Register Volume 61, Number 225 (Wednesday, November 20, 1996)]
[Notices]
[Pages 59096-59098]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-29658]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5651-7]
Wisconsin: 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
Wisconsin'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).
[[Page 59097]]
RCRA section 4005(c)(1)(C) requires the United States Environmental
Protection Agency (USEPA) to determine whether States have adequate
``permit'' programs for MSWLFs, but does not mandate issuance of a rule
governing such determinations. The USEPA has proposed a State/Tribal
Implementation Rule (STIR) (61 FR 2584, January 26, 1996) that provides
procedures by which the USEPA 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.
Wisconsin applied for a partial program determination of adequacy
under Section 4005 of RCRA on July 27, 1992. The USEPA reviewed
Wisconsin's application and made a final determination of adequacy (57
FR 61899, December 29, 1992) for those portions of the MSWLF permit
program that were adequate to ensure compliance with the revised
Federal MSWLF Criteria. Wisconsin amended its original application and
applied for full program approval on September 27, 1996. The USEPA
reviewed Wisconsin's amended application and today is issuing a
tentative determination of adequacy for all portions of Wisconsin's
MSWLF permit program. Wisconsin'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: All comments on Wisconsin's application for a full determination
of adequacy must be received by the U.S. EPA Region 5 by the close of
business on December 20, 1996. The determination of adequacy for
Wisconsin shall be effective on January 21, 1997 unless adverse
comments are received. If adverse comments are received, a second
Federal Register Notice will be published describing these comments and
the US EPA's responses to the comments and decision on final adequacy.
ADDRESSES: Copies of Wisconsin's application for a full determination
of adequacy are available for inspection and copying from 9AM to 4PM
during normal working days at the following addresses: Wisconsin
Department of Natural Resources, 101 South Webster Street, Madison,
Wisconsin, 53707, Attn: Mr. Paul Huebner; 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: USEPA 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 USEPA 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 Federal Criteria. Subtitle D also requires in Section 4005 that
the USEPA 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 USEPA will review the State/Tribe's requirements to determine
whether they are ``adequate'' under Section 4005(c)(1)(C) of RCRA. The
USEPA 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 USEPA 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 USEPA Regions will determine whether a State/Tribe has
submitted an ``adequate'' program based on the interpretation outlined
above.
B. State of Wisconsin
On July 27, 1992, Wisconsin submitted an application to obtain a
partial program adequacy determination for the State's municipal solid
waste landfill permit program. On December 29, 1992, the USEPA
published a final determination of adequacy for Wisconsin's program.
Further background on the final partial program determination of
adequacy appears at 57 FR 61899, December 29, 1992.
On September 27, 1996 Wisconsin amended its July 27, 1992
application to apply for full program approval. The amended application
includes a description of the changes made to Wisconsin's MSWLF permit
program since the partial program approval.
The USEPA has reviewed Wisconsin'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,
Wisconsin has adequately addressed those portions of its MSWLF permit
program that were not approved in the partial determination of adequacy
in December 1992. In addition to those portions of the State's MSWLF
permit program that were approved on December 29, 1992, the US EPA has
determined that the State's revised MSWLF permit program will ensure
adequacy with the following portions of the Federal criteria:
1. Location restrictions for fault areas, seismic impact zones, and
unstable areas in 40 CFR 258.13, 258.14, and 258.15.
2. Operating requirements for the exclusion of hazardous waste,
explosive gas control, run-on/run-off control systems, and
recordkeeping in 40 CFR 258.20, 258.23, 258.26, and 258.29.
3. Design requirements in 40 CFR 258.40(a).
4. Field filtering provisions in 40 CFR 258.53(b).
5. Detection and assessment groundwater monitoring parameters that
are consistent with the revised Federal Criteria in 40 CFR 258.54 and
258.55.
6. Financial assurance requirements in 40 CFR 258.70(a).
[[Page 59098]]
As described in the December 29, 1992 partial program approval,
Wisconsin'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, Wisconsin's permit program
contains provisions for public participation, compliance monitoring,
and enforcement.
The Wisconsin 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. Wisconsin 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. Wisconsin has the authority to
conduct monitoring or testing to ensure compliance. Wisconsin inspects
MSWLFs to verify and document compliance with solid waste regulations,
deter violations, and provide opportunities to inform and educate the
regulated community.
Wisconsin 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
Wisconsin's application for full program adequacy determination meets
all of the statutory and regulatory requirements established by RCRA.
Accordingly, Wisconsin 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 USEPA explained in the preamble to the revised Federal
MSWLF Criteria, the USEPA expects that any owner or operator complying
with provisions in a State/Tribal program approved by the USEPA 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.
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 House of Representatives and the Comptroller General of the General
Accounting Office prior to publication of this rule in todays 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: October 28, 1996.
Valdas V. Adamkus,
Regional Administrator.
[FR Doc. 96-29658 Filed 11-19-96; 8:45 am]
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