[Federal Register Volume 59, Number 226 (Friday, November 25, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-28963]
[[Page Unknown]]
[Federal Register: November 25, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5111-8]
North Dakota; Adequacy Determination of the State's Municipal
Solid Waste Permit Program
AGENCY: Environmental Protection Agency (Region VIII).
ACTION: Notice of tentative determination on application of the State
of North Dakota for full program adequacy determination, public comment
period, and public hearing.
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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 hazardous household waste or conditionally exempt
small quantity generator waste will comply with the revised Federal
MSWLF Criteria (40 CFR part 258). Section 4005(c)(1)(C) of RCRA
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. EPA has drafted and
is in the process of proposing the State/Tribal Implementation Rule
(STIR) that will allow both States and Tribes to apply for and receive
approval of a partial permit program. The Agency intends to approve
adequate State/Tribal MSWLF permit programs as applications are
submitted. Thus, these approvals are not dependent on final
promulgation of the STIR. Prior to promulgation of the STIR, adequacy
determinations will be made based on the statutory authorities and
requirements. In addition, States/Tribes may use the draft STIR as an
aid in interpreting these requirements. The Agency believes that early
approvals have an important benefit. Approved State/Tribal permit
programs provide 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 part 258 to the extent
the State/Tribal permit program allows such flexibility. EPA notes that
regardless of the approval status of a State/Tribe and the permit
status of any facility, the Federal Criteria will apply to all
permitted and unpermitted MSWLFs.
The State of North Dakota applied for a determination of adequacy
under section 4005 of RCRA. EPA reviewed North Dakota's MSWLF
application and made a tentative determination that all portions of the
State's MSWLF permit program are adequate to assure compliance with the
revised MSWLF Criteria. The State has revised the remainder of its
permit program to assure complete compliance with the revised Federal
Criteria and gain full program approval. North Dakota's application for
full program adequacy is available for public review and comment.
Although RCRA does not require EPA to hold a public hearing on a
determination to approve any State/Tribe's MSWLF program, the Region
has tentatively scheduled a public hearing on this determination. If a
sufficient number of people express interest in participating in a
hearing by writing the Region or calling the contact given below within
30 days of the date of publication of this notice, the Region will hold
a hearing on the date given in the DATES section. The Region will
notify all persons who submit comments on this notice if it decides to
hold the hearing. In addition, anyone who wishes to learn whether the
hearing will be held may call the person listed in the FOR FURTHER
INFORMATION CONTACT section.
DATES: All comments on North Dakota's application for a determination
of adequacy must be received by the close of business on January 12,
1995. The public hearing is tentatively scheduled for 10 a.m. to 12
p.m., January 12, 1995, at the North Dakota State Department of Health
Environmental Training Center, 2639 East Main Avenue, Bismarck, North
Dakota 58501. Should a public hearing be held, EPA may limit oral
testimony to five minutes per speaker, depending on the number of
commenters. Commenters presenting oral testimony must also submit their
comments in writing by close of business on January 12, 1995. The
hearing may adjourn earlier than 12 noon if all of the speakers deliver
their comments before that hour. North Dakota will participate in the
public hearing held by EPA on this subject.
ADDRESSES: All written comments should be sent to Gerald Allen (8HWM-
WM), Waste Management Branch, U.S. EPA Region VIII, 999 18th Street,
Suite 500, Denver, Colorado 80202-2466. Copies of North Dakota's
application for partial adequacy determination are available from 8
a.m. to 5 p.m. during normal working days at the following addresses
for inspection and copying: North Dakota State Department of Health and
Consolidated Laboratories, Attn: Martin Schock, Environmental Health
Section, 1200 Missouri Avenue, Bismarck, North Dakota 58502-5520, phone
701-328-5170; and U.S. EPA Region VIII, Environmental Information
Service Center, 999 18th Street, Suite 144, Denver, Colorado 80202-
2466, phone 1-800-227-8917 or 303-293-1603.
FOR FURTHER INFORMATION CONTACT: Gerald Allen (8HWM-WM), Waste
Management Branch, USEPA Region VIII, 999 18th Street, suite 500,
Denver, Colorado 80202-2466, Phone 303/293-1496.
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. Subtitle D also requires that EPA determine the adequacy of
State municipal solid waste landfill permit programs to ensure that
facilities comply with the revised Federal Criteria. To fulfill this
requirement, the Agency has drafted and is in the process of proposing
the State/Tribal Implementation Rule (STIR). The rule will specify the
requirements which State/Tribal programs must satisfy to be determined
adequate.
EPA intends to approve portions of State/Tribal MSWLF permit
programs prior to the promulgation of the STIR. 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 EPA's
revised MSWLF criteria. Next, 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 also must provide
for public participation in permit issuance and enforcement as required
in section 7004(b) of RCRA. Finally, 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 that
fails to comply with an approved MSWLF program.
EPA Regions will determine whether a State/Tribe has submitted an
``adequate'' program based on the interpretation outlined above. EPA
plans to provide more specific criteria for this evaluation when it
proposes the State/Tribal Implementation Rule. EPA expects States/
Tribes to meet all of these requirements for all elements of a MSWLF
program before it gives full approval to a MSWLF program.
B. State of North Dakota
On June 25, 1993, North Dakota submitted an application for partial
program adequacy determination for the State's MSWLF permit program. On
October 5, 1993, EPA published a final determination of partial
adequacy for North Dakota's program. Further background on the final
partial program determination of adequacy appears at 58 FR 51821
(October 5, 1993).
EPA approved the following portions of the State's MSWLF permit
program:
1. Location restrictions for airport safety (40 CFR 258.10 (a),
(c), and (d)), flood plains (40 CFR 258.11), wetlands (40 CFR 258.12),
fault areas (40 CFR 258.13), seismic impact zones (40 CFR 258.14), and
unstable areas (40 258.15).
2. Operating criteria for cover material (40 CFR 258.21), disease
vector control (40 CFR 258.22), explosive gases control (40 CFR
258.23(a)), air criteria (40 CFR 258.24), access requirements (40 CFR
258.25), run-on-run-off control systems (40 CFR 258.26), surface water
(40 CFR 258.27), and liquids restrictions (40 CFR 258.28).
3. Design Criteria requirement for composite liners (40 CFR
258.40(b)).
4. Ground-water monitoring for applicability and duration of
monitoring (40 CFR 258.50 (a) and (e)); ground-water monitoring systems
including casing, number, depth, and spacing of wells (40 CFR 258.51
(c) and (d)); and ground-water sampling and analysis including
documentation procedures, frequency, and ground-water elevation
measurements (40 CFR 258.53 (a), (c), and (d)).
5. Closure and post-closure care requirements including final cover
design (40 CFR 258.60 (a) and (b)), final cover description (40 CFR
258.60(c)(1)), waste inventory and schedule (40 CFR 258.60(c) (3) and
(4)), beginning and completion of closure (40 CFR 258.60 (f) through
(j), post-closure care period (40 CFR 258.61 (a) and (b)), and post-
closure plan and land use (40 CFR 258.61 (c)(1) and (c)(3)).
6. Financial assurance requirements including applicability (40 CFR
258.70) and allowable mechanisms (40 CFR 258.74).
EPA did not approve the following portions of the State's MSWLF
permit program:
1. North Dakota will revise its regulation and add a ``FAA
notification'' requirement to comply with Part 258.10(b) (airport
safety).
2. North Dakota will revise its regulations to incorporate the
Federal operating requirements for the exclusion of hazardous waste (40
CFR 258.20), explosive gases control including monitoring and
detection/remediation (40 CFR 258.23 (b) and (c)), and recordkeeping
(40 CFR 258.29).
3. North Dakota will revise its regulations to incorporate the
Federal design criteria relative to protection of ground-water (40 CFR
258.40 (a), (c), and (d)).
4. North Dakota will revise its regulations to incorporate the
Federal ground-water monitoring requirements, including no-migration
demonstrations, scheduling, and alternative schedules (40 CFR 258.50(b)
through 258.50(d)); number, depth, and location of wells, and the use
of multiunit ground-water systems (40 CFR 258.51 (a) and (b)); ground-
water sampling analytical methods (40 CFR 258.53(b)); background and
statistical procedures (40 CFR 258.53 (e) through (i)); detection
monitoring (40 CFR 258.54); assessment monitoring (40 CFR 258.55);
assessment of corrective measures (40 CFR 258.56); selection of remedy
(40 CFR 258.57); and, implementation of the corrective action program
(40 CFR 258.58).
5. North Dakota will revise its regulations to incorporate the
Federal closure and post-closure care requirements, specifically final
cover estimate (40 CFR 258.60(c)(2)); State notifications (40 CFR
258.60 (d) and (e)); post-closure contact (40 CFR 258.61(c)(2)); and
State notifications (40 CFR 258.61 (d) and (e)).
6. North Dakota will revise its regulations to incorporate
financial assurance requirements for closure, post-closure, and
corrective action (40 CFR 258.71 through 258.73).
On August 25, 1994, the State of North Dakota submitted an
application for full program adequacy determination. EPA reviewed North
Dakota's application and tentatively determined that all portion of the
State's Subtitle D program will ensure compliance with the revised
Federal Criteria.
Although RCRA does not require EPA to hold a public hearing on a
determination to approve a State/Tribe's MSWLF program, the Region has
tentatively scheduled a public hearing on this determination. If a
sufficient number of people express interest in participating in a
hearing by writing the Region or calling the contact within 30 days of
the date of publication of this notice, the Region will hold a hearing
on January 12, 1995 at the North Dakota Department of Health
Environmental Training Center, 2639 East Main Avenue, Bismarck, North
Dakota 58501 at 10:00 a.m.
At a meeting planned for late December 1994, the North Dakota State
Health Council is expected to approve changes concerning proposed
amendments to the North Dakota Administrative Code, Article 33-20,
Solid Waste Management and Land Protection rules.
At another meeting planned for mid-April 1995, the North Dakota
State Health Council is expected to approve changes concerning proposed
amendments to the North Dakota Administrative Code, Article 33-16,
Standards for Quality of Ground-water Rules.
If the State takes the necessary actions to bring the ground-water
protection (design), ground-water monitoring, and corrective action
portions of their rules into full compliance with Federal Criteria, EPA
is proposing full program approval for the State of North Dakota. If
the State of North Dakota does not take the above actions, EPA will not
approve their ground-water protection, ground-water monitoring, and
corrective action requirements, and a partial program approval will be
issued.
North Dakota has not asserted jurisdiction over ``Indian Country''
in its application for adequacy determination. Accordingly, this
approval does not extend to lands within ``Indian Country'' in North
Dakota. Until EPA approves a State or Tribal MSWLF permitting program
in North Dakota for any part of ``Indian Country,'' as defined in 18
U.S.C. 1151, the requirements of 40 CFR part 258 will, after October 9,
1993, automatically apply to that area. Thereafter, the requirements of
40 CFR part 258 will apply to all owners/operators of MSWLFs located in
any part of ``Indian Country'' that is not covered by an approved State
or Tribal MSWLF permitting program.
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 North Dakota's program. EPA will
make a final decision on whether or not to approve North Dakota's
program and will give notice of it in the Federal Register. The notice
will include a summary of the reasons for the final determination and a
response to all major comments.
Section 4005(a) of RCRA provides that citizens may use the citizen
suit provisions of section 7002 of RCRA to enforce the Federal MSWLF
Criteria in 40 CFR part 258 independent of any State/Tribal 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/Tribal 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 tentative 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 proposed notice, therefore,
does not require a regulatory flexibility analysis.
Authority: This notice is issued under the authority of sections
2002, 4005, and 4010 of the Solid Waste Disposal Act as amended; 42
U.S.C. 6912, 6945, and 6949(a).
Dated: November 14, 1994.
Jack McGraw,
Acting Regional Administrator.
[FR Doc. 94-28963 Filed 11-23-94; 8:45 am]
BILLING CODE 6560-50-P
