[Federal Register Volume 59, Number 242 (Monday, December 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-31107]
[[Page Unknown]]
[Federal Register: December 19, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5124-9]
Arizona: Final Determination of Adequacy of State Municipal Solid
Waste Permit Program
AGENCY: Environmental Protection Agency.
ACTION: Notice of Final Determination of Full Program Adequacy for
Arizona'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, 42 U.S.C. 6945 (c)(1)(B), requires States to
develop and implement regulatory programs to ensure that municipal
solid waste landfill facilities (MSWLFs) which may receive hazardous
household waste or small quantity generator hazardous waste will comply
with the revised federal MSWLF criteria, codified at 40 CFR Part 258
(the Federal MSWLF Criteria). Section 4005(c)(1)(C) of RCRA, 42 U.S.C.
6945(c)(1)(C), requires the Environmental Protection Agency (EPA) to
determine whether States have adequate regulatory programs for MSWLFs.
Approved State MSWLF programs provide interaction between the State
and MSWLF owners and operators regarding site-specific approval
conditions. Only owners or operators located in States with approved
programs can use the site-specific flexibility provided by 40 CFR Part
258 to the extent the state program allows such flexibility. EPA notes
that the Federal MSWLF Criteria apply to all MSWLFs, regardless of the
approval status of any state program or individual facility.
Arizona applied for a determination of adequacy under Section 4005
of RCRA. EPA reviewed Arizona's application and issued for public
comment a tentative determination that Arizona's program is adequate to
ensure compliance with the revised MSWLF criteria. Based on a thorough
review of Arizona's MSWLF program and the fact that the only comments
EPA received supported the tentative determination, EPA is today
issuing a final determination that Arizona's MSWLF program is adequate.
EFFECTIVE DATE: The determination of adequacy for Arizona shall be
effective on December 19, 1994.
FOR FURTHER INFORMATION CONTACT: U.S. EPA Region IX, 75 Hawthorne
Street, San Francisco, California, 94105. Attn: Ms. Donna J. Orebic,
mail code H-W-3, telephone (415) 744-2092.
SUPPLEMENTARY INFORMATION:
A. Background
On October 9, 1991, EPA promulgated the Federal MSWLF Criteria,
codified at 40 CFR part 258. Subtitle D of RCRA, 42 U.S.C. 6941-
6949(a), as amended by the Hazardous and Solid Waste Amendments of 1984
(HSWA), requires States to develop regulatory programs to ensure that
MSWLFs comply with the Federal MSWLF Criteria. Section 4005 of RCRA, 42
U.S.C. 6945, also requires that EPA determine the adequacy of State
MSWLF programs to ensure that facilities comply with the Federal MSWLF
Criteria. To facilitate this requirement, the Agency has drafted and is
in the process of proposing a State and Tribal Implementation Rule
(STIR) that will provide procedures by which EPA will approve, or
partially approve, State and Tribal landfill regulatory programs.
EPA has approved, and will continue to approve, State MSWLF
programs prior to the promulgation of the STIR. Prior to the
promulgation of the STIR, adequacy determinations will continue to be
made on the basis of statutory authorities and requirements. EPA
interprets the statutory requirements for States to develop
``adequate'' regulatory programs to impose several minimum standards.
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 to all new and existing MSWLFs in its
jurisdiction. The State also must provide for public participation in
facility approval 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 the criteria for all elements of a MSWLF
program before it gives full approval to a MSWLF program. In addition,
States may use the draft STIR as an aid in interpreting these
requirements.
On May 6, 1994, Arizona submitted an application for program
adequacy determination. On September 15, 1994, EPA published a
tentative determination of adequacy for all portions of Arizona's
program. Further background on the tentative determination of adequacy
appears at 59 FR 47332 (September 15, 1994).
Along with the tentative determination, EPA announced the
availability of the application for public comment. EPA received two
comments supporting the determination, but no requests for a public
meeting.
B. Decision
In the tentative determination, EPA proposed to fully approve
Arizona's MSWLF program. Arizona's application for adequacy
determination meets all of the statutory and regulatory requirements
established by RCRA. The State of Arizona has the authority to enforce
the requirements of its MSWLF program at all MSWLFs in the State, with
the exception of those located on Tribal Lands. Accordingly, Arizona is
granted a determination of adequacy for all portions of its MSWLF
program.
In addition to enforcement by the States, 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 at 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).
Today's action takes effect on the date of publication. EPA
believes it has good cause under section 553(d) of the Administrative
Procedure Act, 5 U.S.C 553(d), to put this action into effect less than
30 days after publication in the Federal Register. All of the
requirements and obligations in the State's MSWLF program are already
in effect as a matter of state law. EPA's action today does not impose
any new requirements on the regulated community, nor do these
requirements become enforceable by EPA as federal law. Consequently,
EPA finds that it does not need to give notice prior to making its
approval effective.
Compliance With Executive Order 12291
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 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.
Authority: This notice is issued under the authority of Sections
2002, 4005 and 4007 of the Solid Waste Disposal Act, as amended, 42
U.S.C. 6912, 6945, 6947.
Dated: December 6, 1994.
Nora McGee,
Acting Regional Administrator.
[FR Doc. 94-31107 Filed 12-16-94; 8:45 am]
BILLING CODE 6560-50-P
