[Federal Register Volume 59, Number 245 (Thursday, December 22, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-31201]
[[Page Unknown]]
[Federal Register: December 22, 1994]
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DEPARTMENT OF THE INTERIOR
National Park Service
36 CFR Part 6
RIN 1024-AB95
Solid Waste Sites in Units of the National Park System
AGENCY: National Park Service, Interior.
ACTION: Final rule.
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SUMMARY: The National Park Service (NPS), in accordance with 16 U.S.C.
460l-22, by this rule restricts the creation of new solid waste
disposal sites in units of the National Park System and controls the
operations of such sites, in existence as of September 1, 1984, so as
to minimize adverse effects to the environment and visitor enjoyment in
units of the National Park System.
EFFECTIVE DATE: These regulations will become effective on January 23,
1995.
FOR FURTHER INFORMATION CONTACT: Shawn Norton, National Park Service
Engineering and Safety Services Division, 800 North Capitol Street,
Washington, DC 20001, (202) 343-7040.
SUPPLEMENTARY INFORMATION:
Background
In 1984, the Congress enacted legislation, Pub. L. 98-506 (98 Stat.
2338) codified at 16 U.S.C. 460l-22(c) (the Act), to prohibit the
operation of ``solid waste disposal sites'' within units of the
National Park System except for those ``operating as of September 1,
1984,'' or those ``used only for disposal of wastes generated within
that unit so long as such site will not degrade any of the natural or
cultural resources'' of the unit. The Act went on to direct the
Secretary of the Interior to promulgate regulations to ``carry out the
provisions of this subsection, including reasonable regulations to
mitigate the adverse effects of solid waste disposal sites in operation
as of September 1, 1984, upon the property of the United States.'' The
regulations implement those statutory provisions. Further authority for
the restriction and controls on operations of existing solid waste
disposal sites is found in the Act of August 16, 1916, as amended, (NPS
Organic Act) codified at 16 U.S.C. 1 and 3.
Summary of Comments
These rules were published in proposed form for public comment on
December 13, 1993 (58 FR 65141-65149) with a comment period of 60
calendar days. The comment period closed at the end of business,
February 11, 1994. The National Park Service received seven timely
comments regarding the proposed regulations. Because Federal offices in
Washington, DC were closed on February 11, 1994 due to a snow
emergency, and the NPS could not accept comments on that day, the NPS
accepted comments received on Monday, February 14, 1994. Comments were
received from two States, two individuals, one organization, and two
offices within the National Park Service. Of the seven comments, three
were either fully supportive of the rule or advocated further
restrictions. The other four comments questioned both the scope and the
meaning of the rule.
Analysis of Comments
Section 6.2 Applicability and Scope
The regulations are generally applicable to any solid waste
disposal site operated in, or proposed for operation in, units of the
National Park System. Two comments sought clarification of this rule
and how it coincides with State regulations. The States, under the
overall aegis of the PU.S. Environmental Protection Agency (EPA), are
the primary regulatory authorities for solid waste disposal sites on
all lands within the boundaries of National Park System units,
including Federal lands (See Resource Conservation and Recovery Act at
42 U.S.C. 6961). This rule does not duplicate existing State regulatory
controls for solid waste disposal sites in units of the National Park
System. Rather, this rule governs the conditions under which a solid
waste disposal site may exist within the boundaries of a National Park
System unit, not whether the site meets the standards of EPA and State
regulations.
The National Park Service does not intend to displace the States by
administering the standards of 40 CFR parts 257 and 258, Solid Waste
Disposal Facility Criteria, to sites within the boundaries of National
Park System units.
One comment asked what action the National Park Service would take
should the appropriate unit of State or local government fail to apply
the standards at 40 CFR parts 257 and 258 to a solid waste disposal
site within a National Park System unit. In such cases, the NPS
Regional Director for the unit involved would notify the EPA and the
appropriate States to secure enforcement of regulations by the proper
entity. Where an operator of a solid waste disposal site is governed by
a National Park Service permit under 36 CFR 6.4, 6.5, or 6.6 of this
part, the Regional Director may, among other things, revoke a permit to
operate under Sec. 6.12 of this part for operator failure to comply
with EPA or State regulations governing solid waste disposal. Language
has been added to Sec. 6.12 of the final rule to include noncompliance
with State regulations or standards at 40 CFR parts 257 and 258 as a
basis for which permit revocation, forfeiture of bond, or penalties may
be applied.
One comment requested that the rule also apply to solid waste
disposal sites adjacent to units of the National Park System. In the
context of Pub. L. 98-506, the Service concludes that the regulation of
existing sites and the prohibition of new sites apply only to lands and
waters within the boundaries of a National Park System unit. Therefore,
the final rule does not extend its reach beyond unit boundaries.
Three comments questioned whether the rule applies to nonfederal
lands within the boundaries of National Park System units. The final
rule, as does the proposed, applies to all nonfederal lands within such
boundaries, without regard to title. Congress explicitly directed that
the law apply ``* * * within the boundary of any unit of the National
Park System.'' It is not within the authority of the National Park
Service to rewrite an act of Congress and limit the rule's
applicability to only ``Federal lands within the boundary.''
There are many statutes establishing National Park System units. A
brief survey of these statutes disclosed that the phrase ``within the
boundaries'' is commonly employed to refer to both Federal land and
nonfederally owned land or interests in land within the outer
boundaries a unit. The statute, Pub. L. 98-506, that mandates this
final rule specifically uses the term ``within the boundary of any unit
of the National Park System.'' (Emphasis added)
One comment from Alaska noted that 36 CFR 1.2 applies only certain
regulations to nonfederal lands, and then, only in those units under
the concurrent or exclusive legislative jurisdiction of the United
States. However, the self-imposed limitation of 36 CFR 1.2(b) applies
only to regulations at 36 CFR parts 1 through 5 and 7. Because Congress
specifically enacted a statute, Pub. L. 98-506, that applies to all
lands within the boundaries of a unit, the regulations derived from
that statute are not limited by 36 CFR 1.2(b).
The situation most analogous to 36 CFR part 6 is 36 CFR part 9,
subpart A, Mining and Mining Claims. The regulations at 36 CFR part 9A
apply to all mining claims within a unit, both patented and unpatented,
and in all parks, even in those where the United States exercises
neither concurrent nor exclusive legislative jurisdiction. Thus, for
example, patented claims, which are private property in every sense of
the word, in Death Valley National Monument, or the Kantishna area of
Denali National Park and Preserve (areas of proprietary jurisdiction
only) are governed by 36 CFR part 9 subpart A, notwithstanding 36 CFR
1.2(b). The same principle applies to 36 CFR part 6.
Three comments questioned whether the regulations apply to
nonfederal lands within unit boundaries in units of the National Park
System specifically in Alaska. (Alaska units of the National Park
System contain approximately 2.7 million nonfederal acres of a total of
over 54 million acres encompassed within their boundaries, or
approximately 5% of the total acreage.)
The basis for the comments from Alaska lies in section 103(c) of
the Alaska National Interest Lands Conservation Act (ANILCA) (16 U.S.C.
3103(c)). That language states:
Only those lands within the boundaries of any conservation
system unit which are public lands (as such term is defined in this
Act) shall be deemed to be included as a portion of such unit. No
lands which, before, on, or after the date of enactment of this act,
are conveyed to the State, to any Native Corporation, or any private
party shall be subject to the regulations applicable solely to
public lands within such units. If the State, a Native Corporation,
or other owner desires to convey any such lands, the Secretary may
acquire such lands in accordance with applicable law (including this
Act), and any such lands shall become part of the unit, and be
administered accordingly. (Emphasis added)
The comments from Alaska cite this language to raise the significant
issue of whether nonfederal lands within National Park System units in
Alaska are part of the units at all, and thus subject to any NPS
regulations, including the final rule at 36 CFR part 6.
Section 103(c) language creates a question of statutory
interpretation. Namely, does this section effectively render the solid
waste site law (Pub. L. 98-506), and its implementing regulations,
inapplicable to all nonfederal lands in National Park System units in
Alaska? Or does it simply mean that the non-federal lands are not be to
be administered as part of the conservation unit in the same manner as
the Federal lands? It is the Service's opinion that the language of
section 103(c) does not render the final rule at 36 CFR part 6
inapplicable to nonfederal lands in units of the National Park System
in Alaska because of the presence of the word ``solely.'' Since Pub. L.
98-506 authorizes the regulation of solid waste disposal sites, and
prohibits all but certain such sites, ``within the boundary of any unit
of the National Park System,'' neither the law, nor its regulations
apply ``solely'' to public lands within the units.
The other possibility is that section 103(c) renders Pub. L. 98-506
inapplicable by its own terms. Pub. L. 98-506 applies ``within the
boundary of any unit of the National Park System.'' The first sentence
of section 103(c) specifies:
Only those lands within the boundaries of any conservation
system units which are public lands (as such term is defined in this
Act) shall be deemed to be included as a portion of such unit.
(Emphasis added)
Under this argument, since nonfederal lands are not ``a portion of'' a
unit, they are not ``within the boundary of a National Park System
unit'' and thus not subject to this regulation. The Service believes
that the better view of the law negates this argument.
Pub. L. 98-506 applies ``within the boundary of any unit of the
National Park System.'' Words in a statute generally are to be given
their common meaning. The common understanding of the words ``within
the boundary'' is that something be within the outer limits. It does
not mean the same thing as ``a portion of.'' Perhaps the best
indication of this analysis is the use of the word ``within'' in the
Alaska Lands Act itself. Section 1301(b)(7) (16 U.S.C. 3191(b)), refers
to ``privately owned areas, if any, which are within such unit.'' Thus,
while there are no privately-owned areas which are ``a portion of'' the
unit, the Alaska Lands Act recognizes that there are privately-owned
areas ``within'' a unit.
Section 103(c) itself speaks of ``only those lands within the
boundaries of any conservation system unit which are public lands,''
thus implying the existence of non-public lands within those
boundaries. The Service therefore concludes from the language of
section 103(c) itself that nonfederal lands are ``within'' the
boundaries of Alaska units of the National Park System even if they are
not ``a portion of'' the unit.
The comments from Alaska offer an opportunity to further clarify
the applicability of 36 CFR part 6 and illuminate the exceptions to
this rule that are specifically aimed at small private residential
inholders. Persons who either reside or farm within the exterior
boundaries of a National Park System unit need not submit a request and
obtain a permit from the Regional Director for the disposal of
residential or agricultural wastes on their lands.
The proposed rule at Sec. 6.2(c)(iii) stated that such waste could
be disposed of ``on lands or waters'' that ``he or she owns or leases''
within the unit. In response to two comments, the final rule deletes
the word ``waters'' since disposing of solid waste in water or wetlands
may likely violate other laws. In the interest of gender neutrality,
the word ``person'' is substituted for ``he or she.''
One comment noted that Sec. 6.2(d) exempts the NPS from its own
rules at this part. Two comments asked how the NPS will ensure
compliance with conditions of Sec. 6.4 for NPS-operated solid waste
disposal sites, if the procedural, administrative, financial assurance
and penalty provisions of the proposed regulations do not apply to NPS
operated solid waste disposal sites. The NPS will adhere to the
conditions of Sec. 6.4 (for a new, or expanded existing solid waste
disposal site) and to the conditions of Sec. 6.5 (for existing NPS
operated solid waste disposal sites) as a matter of policy and special
directive. In addition, the NPS will comply with the National
Environmental Policy Act (42 U.S.C. 4321, et seq.) and, at a minimum,
prepare an environmental assessment for any new, or expansion of any
existing, solid waste disposal site that the NPS proposes. The final
rule changes the word ``procedural'' at Sec. 6.2(d) to ``permit'' for
clarity. The reason why the permit, bond and penalty provisions do not
apply to the NPS is that there is no means by which the NPS may be both
the permitting agency and the permittee, the bond-poster and the bond-
holder, the enforcer and the violator, simultaneously.
Section 6.3 Definitions
In response to one comment, note that the proposed, as well as the
final, definition of the term ``agricultural waste'' includes waste
resulting from the ``harvesting of . . . trees.''
One comment specifically sought clarification about whether
concession operations in parks, whether under contracts or commercial
use licenses are ``exempt'' from the regulations. This question is best
answered by discussing the definition of the term ``National Park
Service activities.'' There must be a necessary connection between the
NPS and the establishment of a solid waste disposal site after the
passage of the Act. ``National Park Service activities'' includes
activities conducted by NPS contractors, concessionaires and commercial
use licensees because such persons, under agreement with the NPS,
provide eating, lodging, transportation and other services to park
visitors or to park management itself. Since the NPS may operate a new
solid waste disposal site within a unit for NPS activities, the NPS may
approve new sites for the disposal of solid waste generated by NPS
contractors, concessionaires and commercial use licensees. Such persons
may also dispose of solid waste in existing NPS operated or approved
sites.
While NPS contractors, concessionaires and commercial use licensees
may dispose of solid waste on lands within a unit, any proposal by such
a person to establish their own new site for solid waste disposal, or
continue to operate and use their own existing solid waste disposal
site, is fully governed by 36 CFR 6.4 or 6.5 respectively.
The disposal of solid waste by such persons, while permissible on
lands within a National Park System unit, must be subject to full NPS
scrutiny. The NPS has a fundamental obligation to ensure that
contractors, concessionaires and commercial use licensees dispose of
solid waste on lands within a unit, even the remote lands in Alaska, in
an environmentally sensitive manner.
``Residential waste,'' as defined in Sec. 6.3, means waste
generated by the normal activities of a household. One comment
suggested that the residential waste exception at Sec. 6.2(c) not
include paper, plastic and metal. Since the Sec. 6.2(c) exception is
intended to minimize the solid waste stream by providing an alternative
disposal means for agricultural or residential solid wastes that are
compostible, we have partially adopted the suggestion. The final rule
defines ``residential waste'' to exclude plastic and metal waste, since
these are not compostible.
One comment appeared to confuse the ``residential waste'' exception
of this part with the ``household waste exclusion'' that exists under
Resource Conservation and Recovery Act (RCRA) regulations at 40 CFR
261.4(b)(1). The definition of ``residential solid waste'' used in this
part comes from 40 CFR part 243. That definition means waste generated
by the normal activities of households. This definition applies only to
residences, not to commercial activities, such as lodges, motels or
eating establishments. On the other hand, the EPA definition at 40 CFR
261.4(b)(1) broadly excludes ``household waste'' from the legal meaning
of hazardous waste. The 40 CFR part 261 meaning of ``household waste''
includes waste generated by residences AND commercial lodging and
eating establishments. It does not follow that because 36 CFR part 6
largely excludes residential waste from its control, that the NPS is
also somehow excluding waste disposal from commercial lodging or eating
establishments. The fact that wastes generated by such establishments
are specifically excluded from the definition of ``hazardous waste''
under RCRA regulations does not make such wastes ``residential wastes''
for the purposes of this regulation. These two issues are unrelated and
are addressed in separate sections of this regulation.
One comment suggested that the proposed definition of ``solid waste
disposal site'' is so broad that it would encompass lands where the
Exxon Valdez spilled oil. The Service agrees, and inserts language in
the final definition of ``solid waste disposal site'' to make clear
that 36 CFR part 6 does not govern discharges of materials, or
substances into the environment that are covered by such laws as the
Clean Water Act (33 U.S.C. 1321(b)(3)) and the Comprehensive
Environmental Response and Compensation and Liability Act (42 U.S.C.
9601 et seq.). It was never the intent of the NPS to regulate such
discharges or deposits as if they were ``solid waste disposal sites.''
One comment suggested that this rule also govern ``transfer
stations,'' since they are places where solid waste is deposited,
albeit temporarily. Because such stations may be places of significant
degradation to park resources resulting from noise, litter, visual
intrusion, runoff and traffic, the Service has decided to include
transfer stations in the definition of a ``solid waste disposal site.''
Section 6.4 Solid Waste Disposal Sites Not in Operation on September
1, 1984
Note that the EPA's definition of ``hazardous waste'' at 40 CFR
part 261 excludes wastes generated by households (including single and
multiple family residences, hotels and motels). In light of one
comment, the Service reiterates that such waste is not ``legally''
hazardous. This ``household waste exclusion'' is mentioned here again
because it is important to point out that the prohibition at
Sec. 6.4(a)(6)(i) and at Sec. 6.5(c)(3)(i) does not prevent the NPS
from accepting for disposal at NPS-operated solid waste disposal sites,
solid wastes such as used oil, grease, paints, solvents, cleaning
agents, or pesticides that are generated by ``households.'' Such
materials are not ``legally'' hazardous waste when discarded by
households (including hotels, motels, restaurants, single or multiple
family residences).
Thus, as long as such waste is generated by National Park Service
activities, such as garbage collection from park/concessionaire
employees, they may be disposed of in an NPS-operated solid waste
disposal site.
Section 6.5 Solid Waste Disposal Sites in Operation on September 1,
1984
In response to comments from the NPS Alaska Region, the Service
points out that both the proposed and the final rule recognize that
some communities may lie wholly within the boundaries of a unit of the
National Park System in Alaska. Such communities may exhaust the
capacity of their existing solid waste disposal site. Such communities
may request that the Regional Director permit them to expand an
existing site within the unit. The Regional Director must normally
judge such a request under the conditions in Sec. 6.4. However, the
Regional Director will instead judge a request for expansion of an
existing site under the approval conditions of Sec. 6.5(c), if the
operator shows that the solid waste is generated solely from within the
boundaries of the unit, the operator owns or leases the lands proposed
for the expansion, and the solid waste disposal site lacks road, rail
or adequate water access to any lands outside of the unit for all, or
substantial, portions of the year.
Section 6.6 Solid Waste Disposal Sites Within New Additions to the
National Park System
One comment indicates that this section applies to units of the
National Park System created in Alaska in 1980. Although the regulation
plainly states it, the Service repeats that this section applies only
to lands and waters that fall within the boundaries of a unit of the
National Park System as a result of unit establishment or expansion
after the effective date of the regulations as final.
Section 6.7 Mining Wastes
One comment asked how this part applies to operations on mining
claims. This section is intended to clarify the relationship between
the final regulations governing solid waste disposal and existing
regulations at 36 CFR part 9, Minerals Management, that govern mineral
operations. Without this section, this final regulation would govern
solid waste disposal sites by all mineral operators. The NPS now
regulates solid waste disposal by many mineral operators and does not
intend to create a duplicate regulatory scheme for such operators.
Thus, this section excludes from the permit and financial assurance
provisions of the final regulations solid waste disposal sites by
operators that are, now or prospectively, governed by NPS regulations
at 36 CFR part 9 or the terms of a Federal mineral lease.
Section 6.8 National Park Service Solid Waste Responsibilities
One comment asked if the NPS would establish a household
``harmful'' waste collection program for its inholders. The answer is
``No.'' Inholders may not dispose of their waste in NPS operated solid
waste disposal sites. Nor is the NPS in the business of collecting
waste from inholders. Moreover, the NPS will establish collection
programs for household waste that, though not legally hazardous, may be
harmful, ONLY in those units where the NPS operates a solid waste
disposal site.
The same comment then seemed to suggest that since the regulations
at 36 CFR 6.8(b) mandate the establishment of collection programs for
``household hazardous wastes'' ONLY for parks that operate solid waste
disposal sites, then only such parks need have hazardous waste
collection programs. This is incorrect. Every park that generates waste
that is defined by 40 CFR part 261 as hazardous, must collect, store,
handle and manage that waste under the regulations governing such waste
prescribed under Subtitle D of RCRA. To eliminate confusion, the final
rule at Sec. 6.8(b) no longer refers to ``household hazardous waste''
which legally is not ``hazardous'' but to ``harmful wastes generated by
residential activities.''
One comment asked why the requirements of Sec. 6.8(c) apply only to
``carbonated beverages in containers'' as opposed to all beverage
containers. The rule does not propose to go beyond 40 CFR part 244.
Regulations at 40 CFR part 244 require deposit systems only for
containers holding ``carbonated beverages.''
Section 6.12 Prohibited Acts and Penalties
One comment asked if this section applies the penalties to solid
waste disposal sites on ``private inholdings.'' The answer is yes, 36
CFR part 6, including its penalty provisions, applies to solid waste
disposal sites on nonfederal lands, insofar as such lands are within
the boundaries of a unit of the National Park System.
Section-by-Section Analysis
Section 6.2 Applicability and Scope
The regulations are generally applicable to any solid waste
disposal site operated in, or proposed for operation in, units of the
National Park System. While the NPS is concerned with the disposal of
all solid wastes on all lands and waters within unit boundaries, the
rule provides for certain exceptions. This final rule at Sec. 6.2(c)
does not require that all persons who either reside or farm within the
exterior boundaries of a National Park System unit submit a request and
obtain a permit from the Regional Director for the disposal of
residential or agricultural wastes on their lands. Paragraph (c)
provides that a person residing within the boundaries of a unit of the
National Park System may dispose of certain solid wastes without a
permit or penalty unless the person requires a State or local permit or
license to dispose of solid waste. The final rule enumerates conditions
under which such persons may dispose of waste. This exemption does not
apply to the disposal of agricultural pesticides, pesticide equipment
or containers.
This exception is intended to minimize the solid waste stream by
providing an alternative disposal means for agricultural or residential
solid wastes that are compostible.
If the Superintendent of the affected unit determines that the
disposal of agricultural or residential solid wastes poses a reasonable
probability of threat to public health or the environment, as described
in the regulations at 40 CFR part 257, the Superintendent will notify
the Regional Director and the resident that the request, permit, and
penalty provisions of 36 CFR part 6 are applicable.
Paragraph 6.2(d) explains the effect of the regulations on NPS
operated sites. Existing and new solid waste disposal sites operated or
proposed by the NPS for administration of the National Park System must
meet the standards prescribed in 40 CFR subchapter I, specifically at
40 CFR part 241, Guidelines for the Land Disposal of Solid Waste; part
257, Criteria for Classification of Solid Waste Disposal Facilities and
Practices, and part 258 Criteria for Municipal Solid Waste Landfills,
and by appropriate State laws. The permit, administrative, financial
assurance and penalty provisions of the final rule do not apply to NPS
operated landfills. However, the NPS will adhere to the conditions of
Sec. 6.4 to establish a new, or expand an existing, solid waste
disposal site for NPS activities. The NPS will also adhere to the
conditions of Sec. 6.5 to continue operations at existing NPS operated
solid waste disposal sites. In addition, the NPS will comply with the
National Environmental Policy Act (42 U.S.C. 4321, et seq.) and, at a
minimum, prepare an environmental assessment for any new, or expansion
of any existing, solid waste disposal site that the NPS proposes.
Section 6.3 Definitions
The definitions section of the rule applies to terms that are not
otherwise defined in 36 CFR part 1. The words defined in the rule
either come from the legislation on which the rule is based or are
included to enhance the clarity and accuracy of the rule. The primary
purposes of the definitions are to make clear the reach and
applicability of the rule for the NPS and the regulated community and
to ensure that actions taken under the rule are consistent and
predictable. In most cases, other statutes serve as the bases for the
precise wording selected. These statutes are referred to in the
discussions of the definitions.
The term ``boundaries'' of any unit of the National Park System
comes from the language of the statute. It is defined in the final rule
to include all lands within units of the National Park System,
regardless of jurisdictional status or ownership. Many units of the
National Park System include nonfederal lands. Solid waste disposal on
both Federal and nonfederal lands within National Park System unit
boundaries come under the purview of this rule.
Because there are no limitations on applicability to any class or
type of lands in the statutory language, the rule defines the term
broadly. The definition includes waters as well as lands because of the
breadth of the statutory language and because the effects of such solid
waste disposal sites are not limited to lands, but can also affect
waters, particularly groundwater.
The final rule adds a definition for the term ``compostible
materials.'' The Service determines that facilities for the management
of compostible materials are not solid waste disposal sites for the
purpose of these regulations.
Also defined is the term, ``National Park Service activities.'' It
is explained for two reasons: First, to clarify that there must be a
necessary connection between the NPS and the establishment of solid
waste disposal sites after the passage of the Act; second, beginning
one year after the effective date of the regulations, only persons
engaged in ``National Park Service activities,'' as defined herein, may
dispose of solid waste in an NPS operated solid waste disposal site.
``National Park Service activities'' thus includes activities conducted
by NPS contractors, concessionaires and commercial use licensees. Such
persons, under agreement with the NPS, provide eating, lodging,
transportation and other services to park visitors. Since new solid
waste disposal sites may be established in National Park System units
for NPS activities only, new sites may accept for disposal waste
generated only by these persons. NPS contractors, concessionaires, and
commercial use licensees may also dispose of solid waste in existing
NPS operated sites. ``National Park Service activities'' do not include
activities engaged in by Special Use Permittees (Form 10-114). Waste
disposal by Special Use Permittees and others is governed by all the
substantive, permit, financial assurance and penalty provisions of
Sec. 6.4 for a new waste disposal site, or Sec. 6.5 for an existing
site.
The word ``degrade'' also comes from the statute and is defined as
``to lessen in quantity, quality, or value.'' It is included in the
terms defined in the rule for the sake of clarity and predictability.
Since the statutorily mandated standard for any solid waste disposal
site operating in a park unit is that the operation not ``degrade''
park resources, this section provides guidance as to how the term
degrade is to be used by the NPS in determining such effects.
The terms ``agricultural solid waste,'' ``residential solid waste''
and ``leachate,'' are defined as they are in the regulations that
govern solid waste under the authority of the Resource Recovery and
Conservation Act (42 U.S.C. 6901 et seq.) and implemented at 40 CFR
part 243, Guidelines for the Storage and Collection of Residential,
Commercial, and Institutional Solid Waste. The term ``hazardous waste''
refers to the definition of such solid waste prescribed at 40 CFR part
261, Identification and Listing of Hazardous Wastes.
``Natural resources'' is defined here so as to provide a
comprehensive inventory of the inherent attributes of National Park
System units that may be affected by solid waste disposal sites. The
detailed listing of resource attributes is designed to enable the
agency and the regulated community sufficient consistency and
specificity to evaluate potential effects to the parks. The Report of
the House Committee on Interior and Insular Affairs (House Report 98-
1069) that accompanied the Act said, ``the conditions of noise, air
pollution, waste disposal in surrounding lands, rat and other pest
problems, and area disruption due to heavy truck use that are created
by these waste disposal sites have resulted in a deep concern over the
degradation of park values.'' In another section, the Report stated
``The Committee notes that the operation of solid waste disposal sites
within units of the National Park System causes deterioration of air
and water quality, increases levels of mechanical noise, and has the
potential to degrade land and water areas that are in relatively
natural condition and areas containing significant cultural values, and
that the operation of such disposal sites renders adjacent lands, and
waters, unfit for full public use and enjoyment.'' In light of the
Committee's broad findings concerning what may constitute natural
resources affected by solid waste disposal sites, the drafters have
chosen to provide a broad definition for this term.
The definition of the term ``National Park System,'' mirrors the
statutory language of 16 U.S.C. 1c. The purpose in including it here is
that the term is used in the statute. Defining it in the rule clarifies
the applicability of the rule.
The definitions of the terms ``PCBs and PCB items'' and ``post
closure care'' is the same as used by EPA. The terms ``PCBs and PCB
items'' are defined by regulations at 40 CFR part 761, Polychlorinated
Biphenyls (PCBs) Manufacturing, Distribution in Commerce, And Use
Prohibitions. The terms ``closure'' and ``post closure care'' are
described at 40 CFR part 258.
At the heart of this regulatory package are the management and
control of ``solid waste.'' The National Park Service defines the term
similarly to that used in RCRA regulations at 40 CFR part 258. The
broad definition of solid waste included here is intended to ensure
that all potential sources of adverse effects to National Park System
units from such sources come under the purview of the final rule. The
rule also defines two classes of solid waste--agricultural and
residential--that may be exempt from the rule under clearly delineated
circumstances.
Because the statute severely restricts the establishment of new
``(solid waste) disposal sites'' within units of the National Park
System and because the term is central to any regulatory activities
under the framework of the statute, it is defined in the rule. The
definition is based on the statutory language in RCRA for the term
``disposal.'' The definition explicitly states that such sites include
land or waters where such solid waste may be placed.
The final rule governs solid waste transfer stations but not
recycling centers, sewage treatment plants, septic systems, or
facilities for managing compostible materials.
Section 6.4 Solid Waste Disposal Sites Not in Operation on September
1, 1984
The regulation permits establishing new solid waste disposal sites
after September 1, 1984, within units of the National Park System, only
with the approval of the Regional Director. This section does not apply
to solid waste disposal sites in operation on September 1, 1984.
The Regional Director may approve a permit for a new solid waste
disposal site only under the stringent conditions outlined in the rule
that are derived from the statute. The Act states that any new sites
must be ``* * * used only for disposal of wastes generated within that
unit of the park system * * *'' This is the basis for the first
approval condition. The drafters have included the phrase ``solely from
National Park Service activities'' in recognition of the fact that the
Congress acknowledged that the National Park Service might need to
operate solid waste disposal sites for its own management and
associated activities. The Service believes that the statutory language
``wastes generated within that unit of the park system'' was meant to
convey a nexus between the disposal sites and activities of the NPS.
The second condition requires that there be no reasonable
alternative for disposal outside the unit boundaries.
The third condition also is directly derived from the statute which
says ``* * * so long as such site will not degrade any of the natural
and cultural resources of such park unit.'' The fourth and fifth
conditions ensure consistency and compliance with other Federal, State,
and local regulatory programs.
The sixth condition, that hazardous wastes may not be stored,
handled, or disposed at solid waste disposal sites within National Park
System units, recognizes the unique resource values protected in the
National Park System and the fundamental incompatibility of the
placement of hazardous wastes with protecting those resources. The
final rule adds tires to the list of wastes that may not be disposed of
at a solid waste disposal site within the boundaries of a National Park
System unit.
Note that the EPA's definition of hazardous waste at 40 CFR part
261 excludes wastes generated by households (including single and
multiple residences, hotels and motels). Thus, the sixth condition does
not restrict disposal of household wastes in NPS operated or other
solid waste disposal sites in National Park System units, as long as
the waste results from National Park Service activities, such as
garbage collection from park/concessionaire employees' residences.
The seventh condition, that such sites be located wholly on
nonfederal lands, implements the policy of the National Park Service
articulated in its Management Policies (1988), page 9:6. As a
consequence, no such sites may be established or expanded onto Federal
lands in a unit, except that the NPS may establish a new solid waste
disposal site on Federal lands in a park where nonfederal lands do not
exist, or are otherwise unavailable or unsuitable.
The eighth condition implements Executive Orders 11988 and 11990.
The ninth and tenth conditions seek to clearly specify precise
categories of facilities and lands where solid waste disposal sites
would be incompatible with NPS management and visitor enjoyment. The
eleventh condition limits the size of such sites and the twelfth
condition seeks to ensure that such sites will not degrade park
resources and visitor enjoyment at a future date.
The request for a permit forms the basis for the Regional
Director's evaluation of whether the conditions for approval listed
above may be met. The Act states that its general purpose is to
``protect the air, land, water, natural and cultural values of the
National Park System and the property of the United States therein.''
Section 6.4(b) of the rule specifies the minimum amount of information
necessary, in the professional judgment of the NPS, to evaluate whether
the air, land, water, and cultural and natural resources of the
National Park System can be protected if a proposed operation is
permitted.
Finally, Sec. 6.4(c) requires that the Regional Director reject the
request if the conditions for approval detailed in paragraph (a) are
not met. This section also requires that the Regional Director notify
the requester of the rejection and the reasons for the rejection.
Section 6.5 Solid Waste Disposal Sites in Operation on September 1,
1984
The NPS believes that solid waste disposal sites are not an
appropriate use of lands within National Park System unit boundaries.
The long-term intent of the National Park Service is to eliminate, to
the extent possible, such sites from within unit boundaries. In the
interim, the requirements of Sec. 6.5 are designed to ensure that any
solid waste disposal sites in operation on September 1, 1984, in units
of the National Park System and continuously operated since that time
meet minimum standards for operation and do not degrade park resources
and values.
The term ``continuous operation'' requires clarification. The
Service determines that a solid waste disposal site existing on
September 1, 1984, qualifies under Sec. 6.5, if that site has accepted
solid waste for disposal at least for some portion of each year after
1984. To be in ``continuous operation'' does not require that the site
receive waste on a daily, weekly, or even monthly basis. Often seasonal
factors, such as weather, access, and fluctuations in waste loads
require that some existing sites may be used intermittently.
The approval conditions of Sec. 6.5 are designed to implement the
section of the Act that requires the Secretary to promulgate
regulations ``to mitigate the adverse effects of solid waste disposal
sites in operation as of September 1, 1984, upon property of the United
States.'' As a result of the statutory language, the first condition
requires that there be adequate mitigation of adverse effects from the
operation of the disposal site. The second condition requires
compliance with all applicable Federal, State, and local laws and
regulations. This section, like Sec. 6.4, requires that there be no
hazardous waste disposal at any such sites because such activities are
incompatible with the values and purpose of the National Park System
and each unit thereof.
Several solid waste disposal sites are currently operated by
nonfederal parties in units of the National Park System. Most are on
nonfederal lands within the unit boundaries, while others are on
Federal lands within the units. The sites on Federal lands often exist
because of agreements made as conditions to Federal acquisition of
specific tracts of land. The regulations will not terminate any
existing agreements that are in compliance with applicable local,
State, and Federal laws.
Section 6.5(c) prescribes the conditions under which the Regional
Director may allow existing solid waste disposal sites to continue
operations. However, the NPS intends that existing solid waste disposal
sites operated by nonfederal parties will not operate indefinitely.
Under Sec. 6.5(e), a site that reaches its capacity may continue
operation only if the site meets conditions applicable to new sites at
Sec. 6.4(a). For the purposes of these regulations, the capacity of a
solid waste disposal site is that area, volume, or height prescribed in
the State-issued permit or other instrument. Any proposal to extend the
capacity of an existing solid waste disposal site beyond that specified
in the permit will be treated as a proposal for a new solid waste
disposal site. Such a proposal is subject to the approval conditions in
Sec. 6.4.
It is conceivable that communities that lie wholly within the
boundaries of a unit of the National Park System may exhaust the
capacity of their existing solid waste disposal sites. Such communities
may request that the Regional Director permit them to establish a new,
or expand an existing, site within the unit. The Regional Director must
judge such a request under the conditions prescribed in Sec. 6.4.
However, the Regional Director will judge a request for expansion of an
existing site under the approval conditions of Sec. 6.5(c), if the
operator shows that:
The solid waste is generated solely from within the
boundaries of the unit; and
The operator owns or leases the nonfederal lands proposed
for the expansion; and
The solid waste disposal site lacks road, rail or adequate
water access to any lands outside of the unit for all or substantial
portions of the year. A substantial portion of the year consists of
three or more consecutive months.
The principles of this section govern the NPS. Should the NPS seek
to expand an existing solid waste disposal site that has reached its
capacity, such an expansion is to be judged as a ``new'' site, governed
by the approval standards of Sec. 6.4(a).
If the NPS meets the first and third conditions of Sec. 6.5(e)(2),
the NPS may also expand an existing NPS-operated solid waste disposal
site that has reached its capacity, under the standards of Sec. 6.5(c),
rather than Sec. 6.4(a).
The final rule includes a new section (f) to address concerns about
solid waste incinerators and transfer stations. The proposed and final
definition of ``solid waste disposal site'' included incinerators. The
final rule defines solid waste disposal sites to also include transfer
stations. The installation of an incinerator or a transfer station
where there was no site for solid waste disposal on September 1, 1984
is governed by Sec. 6.4. Section 6.5(a) governs the continued operation
of an incinerator or a transfer station where such a solid waste
disposal site existed before September 1, 1984. Existing incinerators
or transfer stations, just as any other solid waste disposal site, may
continue to dispose of solid waste within the boundaries of a unit of
the National Park System only after applying to the NPS under
Sec. 6.5(a) and under the standards of Sec. 6.5(c).
Because incinerators or transfer stations generally do not reach
capacity and require expansion, Sec. 6.5(e) does not apply to them.
Rather Sec. 6.5(e) addresses conventional land-fill solid waste
disposal sites.
Section 6.5(f) is needed to address the conversion of an existing
land-fill solid waste disposal site to a transfer station after the
effective date of this rule. Without Sec. 6.5(f), an operator of an
existing solid waste disposal site, approved under Sec. 6.5(c), may not
realize that converting an existing solid waste disposal land-fill to a
transfer station requires a request to the NPS Regional Director and
further NPS review and approval.
Section 6.6 Solid Waste Disposal Sites Within New Additions to the
National Park System
This section is included in the final rule in recognition of the
fact that solid waste disposal sites, either on Federal or nonfederal
lands, may be added to the National Park System through addition of new
units or the expansion of existing units. Management Policies state
that solid waste disposal sites are not compatible with the purpose of
the National Park System and the intent of Congress was to eliminate
solid waste disposal sites from the National Park System in the future.
Thus, solid waste disposal sites on Federal or nonfederal lands
included within a unit boundaries must cease operations immediately
upon expiration of the permit or license in effect on the date the
lands were included within the boundaries of a National Park System
unit. The NPS will grant no extensions. Paragraph (a) applies to solid
waste disposal sites on both Federal and nonfederal lands included
within a National Park System unit boundaries.
In the interim, and until the expiration of the permit, permittees
and/or operators of such sites on Federal or nonfederal lands within
the boundaries must submit a permit request and environmental report.
Thus, paragraph (b) states that an operator wishing to continue solid
waste disposal must request a permit within 180 days of the site's
designation as lying within the boundaries of a National Park System
unit.
The final rule modifies paragraph (c) to delete immediate closure
as the NPS remedy under part 6 for an operator on Federal or nonfederal
lands who disposes of solid waste on that land without requesting NPS
approval as specified in paragraph (b). The final rule substitutes
instead a broader selection of remedies and penalties as defined in
Sec. 6.12.
The final rule modifies paragraph (d) to make clear that while an
operator of a solid waste disposal site on lands incorporated within
the boundaries of a unit of the National Park System may continue to
operate until the expiration of the permit or other license that
existed on the date the lands were incorporated into the unit, such an
operator may do so, only insofar as such operator meets the NPS
approval standards of Sec. 6.5(c).
Section 6.7 Mining Wastes
This section is intended to clarify the relationship between the
regulations governing solid waste disposal and existing regulations at
36 CFR part 9, Minerals Management, that govern mineral operations.
Section 6.7 (b) and (c) address solid waste disposal by persons
conducting mineral operations on the date these regulations become
effective. Section 6.7(b) addresses existing mineral operations within
a unit of the National Park System that are not governed by an NPS-
approved part 9 plan of operations or terms of a Federal mineral lease.
Such an operation may continue to dispose of solid waste at a site
within a unit only after following the procedures and conditions
prescribed in Sec. 6.5, posting financial assurance prescribed by the
Regional Director, and obtaining a permit from the Regional Director
under Sec. 6.9.
Section 6.7(c) provides that an existing mineral operation, if
governed by a plan of operations approved under 36 CFR part 9 or the
terms of a Federal mineral lease, may continue to operate a solid waste
disposal site within a unit of the National Park System pursuant to the
approved plan of operations or lease. In approving the plan of
operations, the Regional Director, under part 9, should have already
prescribed conditions to ``* * * mitigate the adverse effects of solid
waste disposal on the property of the United States * * *'' associated
with the operation. Congress prescribed this standard as the basis for
regulations that govern all existing solid waste disposal sites.
Section 6.7(c) makes clear that where an existing mineral operation
is governed by 36 CFR part 9 or the terms of a Federal mineral lease,
the Regional Director's approval of the plan of operations constitutes
the permit for operation of a solid waste disposal site in connection
with the mineral operation. Financial assurance is not required, if a
bond has been posted under 36 CFR part 9 or the Bureau of Land
Management regulations that govern Federal mineral lessees.
The final regulations allow new solid waste disposal sites by
mineral operators within a unit only under the conditions that Congress
prescribed for solid waste disposal at 16 U.S.C. 460l-22. Thus, final
Sec. 6.7(d) addresses solid waste disposal sites operated by persons
proposing mineral operations beginning after the effective date of
these regulations. Such an operator is governed by the conditions at
Sec. 6.4(a) that preclude any new solid waste disposal sites within the
boundaries of a unit of the National Park System, unless the waste is
generated solely by National Park Service activities. Thus, persons who
begin mineral operations after the effective date of the regulations,
as all other persons, could not operate a new solid waste disposal site
within the boundaries of a unit of the National Park System. Among the
alternatives available to mineral operators are disposing of the solid
waste in appropriate facilities outside the unit boundaries, or in an
existing solid waste disposal site in a unit, whose continued operation
has been approved by the Regional Director under Sec. 6.5 and permitted
under Sec. 6.9.
Section 6.7(d) applies to establishment of a solid waste disposal
site by a prospective operator, whether the operator is governed by
regulations at 36 CFR part 9 or the terms of a Federal mineral lease.
Nonetheless, the Regional Director must ensure that all persons,
including those beginning mineral operations within a unit, obey the
prohibition on establishing a new solid waste disposal site on all
lands within a unit's boundaries. This task will be relatively simple
where an operator is governed by 36 CFR part 9 or a Federal mineral
lease. Where an operator is not so governed, the Regional Director must
inform the operator of, and enforce, the conditions that prohibit a new
solid waste disposal site. To ease the regulatory burden on a mineral
operator, nothing in this part prohibits the temporary storage, or
stockpiling for return, or the return of mining overburden to the mine
site for reclamation purposes. Such activity does not constitute
creation of a solid waste disposal site and will not be governed by the
need to request or possess a permit, the conditions at Sec. 6.4 and
Sec. 6.5, or the financial assurance requirements of Sec. 6.9. This
exception applies only to mining overburden that is not hazardous under
EPA regulations at 40 CFR part 261. However, a mineral operator
commencing operations after the effective date of this final rule will
not be permitted to permanently abandon spoil or overburden on their
lands, including on patented claims, or other nonfederal lands in a
unit. Such an action constitutes creation of a new ``solid waste
disposal site'' which Congress prohibited within the boundaries of a
National Park System unit. The Service recognizes that this requirement
may increase the costs of conducting mining in parks. However, the cost
of conducting mining must also include the cost of reclaiming the solid
waste remaining after mining is completed. The NPS cannot reasonably
implement congressional intent to prohibit new solid waste disposal
sites in National Park System units, and then allow mining operators to
establish such sites in parks in connection with mining.
Section 6.8 National Park Service Solid Waste Responsibilities
Paragraph (a) prohibits the disposal of solid waste in NPS-operated
solid waste disposal sites by persons other than those engaged in
National Park Service activities. ``National Park Service activities''
are defined in Sec. 6.3 to include NPS contractors, concessionaires or
commercial use licensees. In several instances, persons other than
contractors, concessionaires, or commercial use licensees now dispose
of solid waste in NPS operated solid waste disposal sites on Federal
lands. This is an inappropriate use of Federal park lands that the
regulations terminate one year after the effective date of these
regulations.
Paragraph (b) directs the NPS to set up special collection program
to remove harmful substances from the household waste stream where
appropriate. While wastes generated by households (including hotels and
motels) are not hazardous, they may be harmful to NPS resources.
Therefore the NPS, under Sec. 6.8, will establish a collection program
to remove such materials from the waste stream in units where the NPS
operates a solid waste disposal site. The proposed rule required that
such collections be conducted every six months. The final rule requires
it once each year. Each such park has the latitude to establish a
collection program that best meets its circumstances, ranging from a
one-day collection of certain wastes only (used oil, paints, thinners,
etc.) to a continually open collection site for all harmful wastes
generated by park residents.
Paragraph (c) requires that the NPS strictly adhere to the
regulations at 40 CFR part 244, Solid Waste Management Guidelines for
Beverage Containers. While some units may not be aware of the
requirements at 40 CFR part 244 for deposit systems on Federal
facilities, nonetheless the requirements are longstanding. Note that
the regulations require (not simply ``recommend'') that Federal
facilities maintain deposit and return systems on containers in which
``carbonated beverages'' are sold. Such containers may be plastic,
glass, aluminum or steel. Parks, such as Grand Canyon National Park,
that have voluntary recycling programs are not exempt from final
Sec. 6.8(c). Mandatory deposit and return systems are not replaced by
voluntary recycling efforts. Rather these two approaches complement
each other. As part of its environmental leadership responsibilities,
the NPS seeks to address the solid waste issue with several tools,
including mandatory deposit and return systems for carbonated beverage
containers sold by facilities on Federal lands in units of the National
Park System. Individual units that propose not to implement 40 CFR part
244 shall maintain deposit and return systems while a fully-documented
request for non-implementation is being considered.
The final rule inserts a new subsection (d) at Sec. 6.8 to address
Executive Order 12873, Federal Acquisition, Recycling and Waste
Prevention. That order mandates that all Federal agencies ``shall
incorporate waste prevention and recycling in the agency's daily
operations and work.'' This requirement governs not only the NPS but
also NPS concessionaires, commercial use licensees and contractors.
Section 6.9 Permits
The final rule requires that a person proposing to continue, or
begin operating a solid waste disposal site within the boundaries of a
unit of the National Park System must possess a permit issued under
this part. The regulations exempt only two classes of persons operating
solid waste disposal sites from this permit requirement. They are
persons who reside or farm within a park under Sec. 6.2(c) and existing
mineral operators described by Sec. 6.7(c).
Residents under Sec. 6.2(c) do not require a permit and the mineral
operator's permit consists of an NPS-approved plan of operations or
Federal lease terms. Also note that Sec. 6.2(c)(3) and Sec. 6.7(e)
exclude some substances from the ambit of these regulations under
certain conditions.
This section also governs the issuing of a permit for the operation
of a solid waste disposal site and outlines the contents of such
permits. Section 6.9(b) requires that the Regional Director comply with
the National Environmental Policy Act (NEPA) and other pertinent laws
and executive orders before issuing a permit.
The Regional Director may find that a proposal meets the conditions
under which the NPS may approve a new, or continued operation of an
existing, site. If a proposal meets the conditions, the Regional
Director shall then determine, through preparation of an environmental
assessment, whether the Service's approval constitutes a major Federal
agency action significantly affecting the quality of the human
environment. When the Regional Director finds such an effect, the NPS
will prepare an Environmental Impact Statement on the proposal.
Section 6.9(d) makes clear that the issuance of a Special Use
Permit is the method by which the Regional Director approves a request
and environmental report, and provides that the authority to issue a
permit resides with the Regional Director.
Paragraph (e) sets forth the minimum requirements a permit may
prescribe for operating a solid waste disposal site. The requirements
are aimed at reducing the potential adverse effects attributable to the
operation of such sites on the property of the United States.
Section 6.10 Financial Assurance
This section prescribes the procedures for financial assurance from
a solid waste disposal site operator in a unit of the National Park
System.
The regulations at 40 CFR part 258 require that an operator of a
solid waste disposal site for household and certain other commercial
and industrial solid wastes (not including hazardous wastes) must
provide an estimate of costs related to closure and post-closure care
responsibilities of the site, and establish sufficient financial
assurance to meet those responsibilities. The NPS sees no need to
require added financial assurance, in the form of cash or surety bond
guaranteeing payment or performance, where the operator has provided
such a bond under regulations at 40 CFR 258.74(b). Nor will the NPS
require financial assurance from an owner or operator of a site that is
a State entity whose debts and liabilities are the debts and
liabilities of a State. There is also an exception that may apply to
mineral operators under Sec. 6.7(c).
The NPS will require financial assurance when issuing a permit for
a new, or continued operation of an existing, solid waste disposal site
if the operator has not posted a bond under 40 CFR 258.74(b).
Section 6.11 Appeals
This section establishes procedures under which an applicant for a
new, or continued operation of an existing, solid waste disposal site
may appeal a Regional Director's decision to the National Park Service
Director. Among other issues, an aggrieved operator may appeal a
Regional Director's rejection of a request for continued or new
operations; or conditions that the Regional Director may attach to an
approval; or the amount of the bond set by the Regional Director.
Section 6.12 Prohibited Acts and Penalties
This section of the rule clarifies that operating a solid waste
disposal site within a unit of the National Park System without a
permit is prohibited. Operating a site in violation of a term or
condition of a permit, or in violation of 40 CFR parts 257 or 258, or
in violation of the equivalent State law or regulation is also
prohibited. Violations of these provisions subject operators to the
penalty provisions of 36 CFR 1.3 and/or, where applicable, revocation
of the permit and/or forfeiture of the bond or security deposit. These
penalties apply to operators on nonfederal lands within the boundaries
of a unit of the National Park System.
Federal Paperwork Reduction Act
The collections of information contained in Secs. 6.4, 6.5 and 6.6
of this rule have been approved by the Office of Management and Budget
under 44 U.S.C. 3501, et seq. and assigned clearance number 1024-0026.
The information will be used to ensure compliance with Congressionally
enacted statutes. Response is mandatory in accordance with 16 U.S.C.
460l-22.
Applicant reporting time for this collection of information is
estimated to average 100 hours per response, including the time for
reviewing the instructions, searching existing data sources, gathering
and maintaining the data needed, and completing and reviewing the
collection of information. Send comments regarding this burden estimate
or any other aspect of this collection of information, including
suggestions for reducing this burden, to Information Collection
Officer, National Park Service, 800 North Capitol Street, NW.,
Washington DC 20002, and the Office of Management and Budget, Paperwork
Reduction Project (1024-0026), Washington, DC 20503.
Compliance With Other Laws
In compliance with the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.), the NPS has prepared an environmental
assessment (EA) of these regulations. The EA examines whether the
implementation of the regulations will be a major Federal action that
would have a significant effect on the quality of the human
environment, requiring the preparation of an environmental impact
statement. The EA was available for public inspection and comment at
the National Park Service Office of Environmental Quality, located in
the Department of Interior Building in Washington, DC for a period
running concurrently with the comment period for the proposed
regulations. The Director of the NPS has signed a Finding Of No
Significant Impact (FONSI) declaring the implementation of this
regulation not to be a significant Federal action.
In accordance with the Regulatory Flexibility Act (Pub. L. 96-511),
the NPS is requested to perform a regulatory flexibility analysis for
all rules that may have a significant impact on a substantial number of
small entities. The NPS has determined that this action will not have a
significant impact on a substantial number of small entities since the
rule deals with the location of future solid waste disposal sites and
the number of existing solid waste disposal sites is small.
Consequently, there is no necessity for a regulatory flexibility
analysis.
This rule was not subject to Office of Management and Budget review
under Executive Order 12866. The NPS has reviewed this rule as directed
by Executive Order 12360, ``Government Actions and Interference with
Constitutionally Protected Property Rights,'' to determine if this rule
has ``policies that have takings implications.'' The NPS has determined
that this rule does not have takings implications because the rule will
not deny any private property owner all beneficial use of their land,
nor will it significantly reduce their land's value.
List of Subjects in 36 CFR Part 6
National parks, Natural resources, Penalties, Reporting and
recordkeeping requirements, Waste treatment, and disposal.
For reasons set out in the preamble, 36 CFR ch. I is hereby amended
by adding a new part 6 to read as follows:
PART 6--SOLID WASTE DISPOSAL SITES IN UNITS OF THE NATIONAL PARK
SYSTEM
Sec.
6.1 Purpose.
6.2 Applicability and scope.
6.3 Definitions.
6.4 Solid waste disposal sites not in operation on September 1,
1984.
6.5 Solid waste disposal sites in operation on September 1, 1984.
6.6 Solid waste disposal sites within new additions to the National
Park System.
6.7 Mining wastes.
6.8 National Park Service solid waste responsibilities.
6.9 Permits.
6.10 Financial assurance.
6.11 Appeals.
6.12 Prohibited Acts and Penalties.
Authority: 16 U.S.C. 1, 3, 460l-22(c).
Sec. 6.1 Purpose.
(a) The regulations contained in this part prohibit the operation
of any solid waste disposal site, except as specifically provided for,
and govern the continued use of any existing solid waste disposal site
within the boundaries of any unit of the National Park System.
(b) The purpose of the regulations in this part is to ensure that
all activities within the boundaries of any unit of the National Park
System resulting from the operation of a solid waste disposal site are
conducted in a manner to prevent the deterioration of air and water
quality, to prevent degradation of natural and cultural, including
archeological, resources, and to reduce adverse effects to visitor
enjoyment.
(c) The regulations in this part interpret and implement Pub. L.
98-506, 98 Stat. 2338 (16 U.S.C. 460l-22(c)).
Sec. 6.2 Applicability and scope.
(a) The regulations contained in this part apply to all lands and
waters within the boundaries of all units of the National Park System,
whether federally or nonfederally owned, and without regard to whether
access to a solid waste disposal site requires crossing federally-owned
or controlled lands or waters.
(b) The regulations contained in this part govern:
(1) The use of solid waste disposal sites not in operation on
September 1, 1984, including the approval of new solid waste disposal
sites;
(2) The continued use or closure of solid waste disposal sites that
were in operation on September 1, 1984;
(3) The continued use or closure of solid waste disposal sites on
lands or waters added to the National Park System after January 23,
1995.
(c) Exceptions.
(1) The regulations contained in this part do not govern the
disposal of residential or agricultural solid wastes in a site by a
person who can show that he or she:
(i) Resides within the boundaries of the unit;
(ii) Generates the residential or agricultural solid waste within
the boundaries of the unit;
(iii) Disposes of the solid waste only on lands that the person
owns or leases within the unit;
(iv) Does not engage in a solid waste disposal practice that poses
a reasonable probability of adverse effects on health or the
environment, as described by the criteria in 40 CFR part 257, Criteria
For Classification Of Solid Waste Disposal Facilities and Practices
found at 40 CFR 257.3-1 to 257.3-8; and
(v) Is not required to possess a State or local permit or license
for the disposal of solid waste.
(2) The exemption in paragraph (c)(1) of this section does not
apply to agricultural solid waste consisting of a chemical used as a
pesticide, an item used to apply, or a container used to store, a
pesticide.
(3) Manure and crop residue returned to the soil as a fertilizer or
soil conditioner are not solid wastes for purposes of this part, and do
not require a request, environmental report, financial assurance or
permit issued under this part.
(d) The conditions in Sec. 6.4(a) govern the establishment of new,
or the expansion of existing, solid waste disposal sites operated by
the National Park Service. The conditions in Sec. 6.5(c) govern the
continued use of existing solid waste disposal sites operated by the
National Park Service. However, the permit, financial assurance,
administrative and penalty provisions of this part do not apply to any
solid waste disposal site operated by the National Park Service.
Sec. 6.3 Definitions.
The following definitions apply to this part:
Agricultural solid waste means solid waste that is generated by the
rearing or harvesting of animals, or the producing or harvesting of
crops or trees.
Boundaries means the limits of lands or waters that constitute a
unit of the National Park System as specified by Congress, denoted by
Presidential Proclamation, recorded in the records of a State or
political subdivision in accordance with applicable law, published
pursuant to law, or otherwise published or posted by the National Park
Service.
Closure and Post-closure care means all of the requirements
prescribed by 40 CFR part 258, Criteria For Municipal Solid Waste
Landfills at 40 CFR 258.60 and 258.61.
Compostible materials means organic substances that decay under
natural and/or human-assisted conditions within relatively short time
intervals, generally not in excess of ninety days.
Degrade means to lessen or diminish in quantity, quality or value.
Hazardous waste means a waste defined by 40 CFR part 261,
Identification And Listing Of Hazardous Waste. Hazardous waste does not
include any solid waste listed under 40 CFR 261.4(b).
Leachate means liquid that has percolated through solid waste and
has extracted, dissolved or suspended materials in it.
Mining overburden means material overlying a mineral deposit that
is removed to gain access to that deposit.
Mining wastes means residues that result from the extraction of raw
materials from the earth.
National Park Service activities means operations conducted by the
National Park Service or a National Park Service contractor,
concessionaire or commercial use licensee.
National Park System means any area of land or water now or
hereafter administered by the Secretary of the Interior through the
National Park Service for park, monument, historic, parkway,
recreational or other purposes.
Natural resource means the components of a park, both biotic and
abiotic, including but not limited to, vegetation, wildlife, fish,
water, including surface and ground water, air, soils, geological
features, including subsurface strata, the natural processes and
interrelationships that perpetuate such resources, and attributes that
contribute to visitor enjoyment.
Operator means a person conducting or proposing to conduct the
disposal of solid waste.
PCBs or PCB item means an item as defined in 40 CFR part 761,
Polychlorinated Biphenyls (PCBs) Manufacturing, Processing,
Distribution In Commerce, And Use Prohibitions at 40 CFR 761.3(x).
Residential solid waste means waste generated by the normal
activities of a household, including, but not limited to, food waste,
yard waste and ashes, but not including metal or plastic.
Solid waste means garbage, refuse, sludge from a waste treatment
plant, water supply treatment plant, or air pollution control facility
and other discarded material, including solid, liquid, semisolid, and
contained gaseous material resulting from industrial, commercial,
mining and agricultural operations or from community activities.
``Solid waste'' does not include a material listed under 40 CFR
261.4(a).
Solid waste disposal site means land or water where deliberately
discarded solid waste, as defined above, is discharged, deposited,
injected, dumped, spilled, leaked, or placed so that such solid waste
or a constituent thereof may enter the environment or be emitted into
the air or discharged into waters, including ground waters. Solid waste
disposal sites include facilities for the incineration of solid waste
and transfer stations. Facilities for the management of compostible
materials are not defined as solid waste disposal sites for the
purposes of this part.
Sec. 6.4 Solid waste disposal sites not in operation on September 1,
1984.
(a) No person may operate a solid waste disposal site within the
boundaries of a National Park System unit that was not in operation on
September 1, 1984, unless the operator has shown and the Regional
Director finds that:
(1) The solid waste is generated solely from National Park Service
activities conducted within the boundaries of that unit of the National
Park System;
(2) There is no reasonable alternative site outside the boundaries
of the unit suitable for solid waste disposal;
(3) The site will not degrade any of the natural or cultural
resources of the unit;
(4) The site meets all other applicable Federal, State and local
laws and regulations, including permitting requirements;
(5) The site conforms to all of the restrictions and criteria in 40
CFR 257.3-1 to 257.3-8, and 40 CFR part 258, subparts B, C, D, E and F;
(6) The site will not be used for the storage, handling, or
disposal of a solid waste containing:
(i) Hazardous waste;
(ii) Municipal solid waste incinerator ash;
(iii) Lead-acid batteries;
(iv) Polychlorinated Biphenyls (PCBs) or a PCB Item;
(v) A material registered as a pesticide by the Environmental
Protection Agency under the Federal Insecticide, Fungicide and
Rodenticide Act (7 U.S.C. 136 et seq.);
(vi) Sludge from a waste treatment plant, septic system waste, or
domestic sewage;
(vii) Petroleum, including used crankcase oil from a motor vehicle,
or soil contaminated by such products;
(viii) Non-sterilized medical waste;
(ix) Radioactive materials; or
(x) Tires;
(7) The site is located wholly on nonfederal lands, except for NPS
operated sites in units where nonfederal lands are unavailable, or
unsuitable and there is no practicable alternative;
(8) The site is not located within the 500 year floodplain, or in a
wetland;
(9) The site is not located within one mile of a National Park
Service visitor center, campground, ranger station, entrance station,
or similar public use facility, or a residential area;
(10) The site will not be detectable by the public by sight, sound
or odor from a scenic vista, a public use facility, a designated or
proposed wilderness area, a site listed on, or eligible for listing on,
the National Register of Historic Places, or a road designated as open
to public travel;
(11) The site will receive less than 5 tons per day of solid waste,
on an average yearly basis; and
(12) The proposed closure and post-closure care is sufficient to
protect the resources of the National Park System unit from
degradation.
(b) A person proposing to operate a solid waste disposal site that
was not in operation on September 1, 1984, must submit a request for a
permit to the proper Superintendent for review by Regional Director
demonstrating that the solid waste operation meets the criteria in
paragraph (a) of this section. The following information must be
included in a permit request:
(1) A map or maps, satisfactory to the Regional Director, that
adequately shows the proposed area of solid waste disposal, size of the
area in acres, existing roads and proposed routes to and from the area
of operations and the location and description of surface facilities;
(2) The name and legal addresses of the following:
(i) Owners of record of the land; and
(ii) Any lessee, assignee or designee of the owner, if the proposed
operator is not the owner of the land;
(3) The mode and frequency (in number of trips per day) of
transport and size and gross weight of major vehicular equipment to be
used;
(4) The amount of solid waste to be received, in average tons per
day and average cubic yards per day;
(5) The estimated capacity of the site in cubic yards and tons;
(6) A detailed plan of the daily site operations;
(7) A plan for the reclamation and post closure care of the site
after completion of solid waste disposal;
(8) Evidence that the proposed operator has obtained all other
Federal, State and local permits necessary for solid waste disposal;
and
(9) An environmental report that includes the following:
(i) A description of the natural and cultural resources and visitor
uses to be affected;
(ii) An assessment of hydrologic conditions of the disposal site
with projections of leachate generation, composition, flow paths and
discharge areas and geochemical fate of leachate constituents;
(iii) An analysis of the quantitative and qualitative extent to
which natural and cultural resources will be affected based on
acceptable and appropriate monitoring of existing resource conditions;
(iv) Steps to be taken by the operator to prevent degradation of
air and water quality, to manage pests and vermin, and to minimize
noise, odor, feeding by native wildlife and conflicts with visitor
uses;
(v) An analysis of alternative locations and methods for the
disposal of the solid waste; and
(vi) Any other information required by the Regional Director to
effectively analyze the effects that the proposed solid waste disposal
site may have on the preservation, management and public use of the
unit.
(c) If the Regional Director finds that the permit request and
environmental report do not meet the conditions of approval set forth
in paragraph (a) of this section, the Regional Director must reject the
application and notify the proposed operator of the reasons for the
rejection.
Sec. 6.5 Solid waste disposal sites in operation on September 1, 1984.
(a) The operator of a solid waste disposal site in operation as of
September 1, 1984, within the boundaries of a unit of the National Park
System, having been in continuous operation on January 23, 1995, and
who wishes to remain in operation, must submit to the proper
Superintendent for review by the Regional Director, within 180 calendar
days of January 23, 1995, a permit request and an environmental report
as described in Sec. 6.4(b) (1)-(9).
(b) Any operator who fails to submit a request as described in
paragraph (a) of this section will not be allowed to continue
operations and must immediately fulfill all applicable closure and
post-closure care requirements.
(c) The Regional Director may approve a request to allow the
continued use of a solid waste disposal site only if the operator has
shown and the Regional Director finds that:
(1) Adverse effects resulting from leachate, noise, odor, vehicular
traffic, litter and other activities upon natural and cultural
resources will be adequately mitigated;
(2) The proposed operator meets all other applicable Federal, State
and local laws and regulations, including permit requirements;
(3) The site will no longer be used for the storage, handling or
disposal of a solid waste containing:
(i) Hazardous waste;
(ii) Municipal solid waste incinerator ash;
(iii) Lead-acid batteries;
(iv) Polychlorinated Biphenyls (PCBs) or a PCB Item;
(v) A material registered as a pesticide by the Environmental
Protection Agency under the Federal Insecticide, Fungicide and
Rodenticide Act (7 U.S.C. 136 et seq.);
(vi) Sludge from a waste treatment plant, septic system waste or
domestic sewage;
(vii) Petroleum, including used crankcase oil from a motor vehicle,
or soil contaminated by such products;
(viii) Non-sterilized medical waste;
(ix) Radioactive materials; or
(x) Tires;
(4) The proposed closure and post-closure care is sufficient to
protect the resources of the National Park System unit from
degradation; and
(5) The site conforms to all of the restrictions and criteria
applicable to the site under 40 CFR 257.3 and 40 CFR part 258, or where
applicable, 40 CFR part 240, Guidelines for the Thermal Processing of
Solid Waste.
(d) If the Regional Director finds that the permit request and the
environmental report do not meet the conditions for approval set forth
in paragraph (c) of this section, the Regional Director shall reject
the request and notify the proposed operator of the reasons for the
rejection. Within 90 calendar days of such notice, the operator of the
solid waste disposal site must cease disposing of solid waste at the
site. The operator may resume disposing of solid waste only upon
submission and approval of a permit request and environmental report
that the Regional Director determines meet the conditions set forth in
paragraph (c) of this section.
(e) Site expansions. (1) A request for an existing solid waste
disposal site to continue operations by expanding its capacity,
laterally or vertically, is considered a request for a new solid waste
disposal site and is subject to the conditions of Sec. 6.4(a), except
as provided in paragraph (e)(2) of this section.
(2) A request for an existing solid waste disposal site to continue
operations by expanding its capacity, laterally or vertically, will be
judged by the approval conditions of paragraph (c) of this section if
the operator shows that:
(i) The solid waste is generated solely from sources within the
boundaries of the unit;
(ii) The area proposed for site expansion encompasses only
nonfederal lands owned or leased by the operator; and
(iii) the solid waste disposal site lacks road, rail, or adequate
water access to any lands outside the unit for all or substantial
portions of the year.
(f) After January 23, 1995, an operator of an NPS-approved existing
landfill solid waste disposal site may convert that site to a transfer
station only after submitting a request under paragraph (a) of this
section, and only after receiving approval from the Regional Director
under paragraph (c) of this section. The Regional Director may approve
such a request, if in addition to meeting the standards of paragraph
(c) of this section, the Regional Director finds that the conversion to
a transfer station better protects the unit's natural or cultural
resources than the existing land-fill operation.
Sec. 6.6 Solid waste disposal sites within new additions to the
National Park System.
(a) An operator of a solid waste disposal site located on lands or
waters added to the National Park System, by act of Congress or by
proclamation, after January 23, 1995, will not be permitted to dispose
of solid waste after expiration of the permit or license in effect on
the date of the land's or water's designation as being within a
National Park System unit's boundaries. The operator must then
immediately fulfill all applicable closure and post-closure care
requirements.
(b) An operator of a solid waste disposal site located on lands or
waters designated as being within the boundaries of a unit of the
National Park System established or expanded after January 23, 1995,
who wishes to remain in operation for the duration of the existing
permit or license, must submit to the Regional Director, within 180
calendar days of the land's or water's designation as being within a
National Park System unit boundaries, a permit request and
environmental report as described in Sec. 6.4(b) (1)-(9).
(c) Any operator who fails to submit a request as described in
paragraph (b) of this section will be subject to the penalty provisions
of Sec. 6.12.
(d) If the Regional Director finds that the permit request and the
environmental report do not meet the conditions for approval set forth
in Sec. 6.5(c), the Regional Director will reject the request and
notify the proposed operator of the reasons for the rejection. Within
90 calendar days of such notice, the operator of the solid waste
disposal site must cease disposing of solid waste at the site. The
operator may resume disposing of solid waste only upon submission and
approval of a permit request and environmental report that the Regional
Director determines meet the conditions set forth in Sec. 6.5(c).
Sec. 6.7 Mining wastes.
(a) Solid waste from mining includes but is not limited to mining
overburden, mining byproducts, solid waste from the extraction,
processing and beneficiation of ores and minerals, drilling fluids,
produced waters, and other wastes associated with exploration,
development, or production of oil, natural gas or geothermal energy and
any garbage, refuse or sludge associated with mining and mineral
operations.
(b) A person conducting mining or mineral operations on January 23,
1995, and not governed by a plan of operations approved under 36 CFR
part 9, Minerals Management, or pursuant to the terms of a Federal
mineral lease, may continue to operate a solid waste disposal site
within the boundaries of a unit only after complying with Sec. 6.5 and
Sec. 6.10 and with a permit issued by the Regional Director under
Sec. 6.9.
(c) A person conducting mining or mineral operations on January 23,
1995, and governed by a plan of operations approved under 36 CFR part 9
or pursuant to the terms of a Federal mineral lease may continue to
operate a solid waste disposal site under the terms of the approved
plan of operations or lease. Where an existing mining or mineral
operation is governed by 36 CFR part 9 or a Federal mineral lease, an
NPS-approved plan of operations will constitute the permit for solid
waste disposal site operation otherwise required under Sec. 6.9. A bond
required under 36 CFR part 9, or by the Bureau of Land Management for
Federal lessees, will satisfy the requirements of Sec. 6.10.
(d) A person proposing to initiate mining or mineral operations
after January 23, 1995, within the boundaries of a unit of the National
Park System, whether or not governed by a plan of operations approved
under 36 CFR part 9 or the terms of a Federal mineral lease, may not
establish or operate a new solid waste disposal site within a unit.
(e) The temporary storage, stockpiling for return, or return of
nonhazardous mining overburden to the mine site for the purpose of mine
site reclamation does not require a request, environmental report,
financial assurance or a permit issued under this part.
Sec. 6.8 National Park Service solid waste responsibilities.
(a) Beginning one year after January 23, 1995, a Superintendent
will not permit or allow a person to dispose of solid waste at a
National Park Service operated solid waste disposal site except for
waste generated by National Park Service activities.
(b) The Superintendent of a unit where the National Park Service
operates a solid waste disposal site will establish a waste collection
program for harmful wastes generated by residential activities by
National Park Service and concessionaire households within the unit.
The Superintendent will establish frequency and place of collection but
such frequency must be, at a minimum, every twelve months.
(c) Each Superintendent will ensure full compliance with
regulations at 40 CFR part 244, Solid Waste Management Guidelines For
Beverage Containers. Only those units of the National Park System where
carbonated beverages in containers are not sold, or that have prepared
formal documentation of nonimplementation under 40 CFR 244.100(f)(3)
that has been approved by the Director and the Administrator of the
Environmental Protection Agency, are exempt from the deposit and
container return program mandated in 40 CFR part 244.
(d) NPS concessionaires, commercial use licensees and contractors
will comply with acquisition, recycling and waste minimization goals
established by the NPS.
Sec. 6.9 Permits.
(a) A permit issued under this section is required to operate a
solid waste disposal site within the boundaries of a unit of the
National Park System, except as specified in Sec. 6.2(c) or
Sec. 6.7(c).
(b) Upon receipt of a request under Sec. 6.4, Sec. 6.5 or Sec. 6.6,
the Regional Director will analyze whether a new site, or continued
operation of an existing site, meets the approval conditions of
Sec. 6.4, or Sec. 6.5 respectively. The Regional Director will also
review the request under appropriate laws and executive orders,
including, but not limited to the National Environmental Policy Act (43
U.S.C. 4321), the National Historic Preservation Act (16 U.S.C. 470),
the Endangered Species Act (16 U.S.C. 1531-1543), and E.O. 11988,
Floodplain Management (3 CFR, 1978 Comp., p. 117), and E.O. 11990,
Wetland Protection (3 CFR, 1978 Comp., 121).
(c) The Regional Director must approve or deny a solid waste
disposal site request under this part within 180 calendar days of
receipt of the request. The 180 calendar days do not include any days
required for consultation with State or Federal agencies under, but not
limited to, the Endangered Species Act, the National Historic
Preservation Act and the Coastal Zone Management Act, or days required
to prepare an Environmental Impact Statement under the National
Environmental Policy Act.
(d) If the Regional Director approves a solid waste disposal site
request under Sec. 6.4, Sec. 6.5 or Sec. 6.6, the Regional Director may
issue, after operator compliance with Sec. 6.10, a nontransferable
permit, the term of which shall not exceed five years. The permittee
may request a new five year permit upon expiration of an existing
permit. The permit instrument will be Form 10-114 (OMB No. 1024-0026),
Special Use Permit, available from the park Superintendent.
(e) A permit for a solid waste disposal site will prescribe the
site capacity and the requirements under which the solid waste disposal
site will be operated. The requirements must include, but are not
limited to:
(1) Hours of operation;
(2) Number, frequency, size, gross weight and types of vehicles
used, and access routes;
(3) Type and height of perimeter fencing;
(4) Compliance with all applicable Federal, State and local laws
and regulations, including permit requirements;
(5) Type and frequency of groundwater, surface water, explosive gas
and other pertinent natural resource monitoring;
(6) Rights and conditions of access for inspection by National Park
Service and other responsible Federal, State or local officials;
(7) Closure and post-closure care requirements;
(8) Methods of pest and vermin control;
(9) Methods of excluding hazardous waste, municipal solid waste
incinerator ash, lead-acid batteries, PCBs and PCB Items, material
registered by the Environmental Protection Agency as a pesticide,
sludge from a waste treatment plant or septic system, domestic sewage,
petroleum, including used crankcase oil from a motor vehicle and soil
contaminated by such products, medical waste, radioactive materials and
tires;
(10) Methods of excluding waste generated from non-National Park
Service activities, except for a solid waste disposal site approved
under Sec. 6.5, or Sec. 6.6, or Sec. 6.7(c); and
(11) Methods of litter control.
(f) Any conflict between a requirement of the permit issued by the
National Park Service and a requirement of State or local law will be
resolved in favor of the stricter of the two requirements.
Sec. 6.10 Financial assurance.
(a) The Regional Director will not require a bond or security
deposit for a solid waste disposal site for which the operator has
established a bond under 40 CFR 258.74(b).
(b) The Regional Director will not require a bond or security
deposit for a solid waste disposal site whose owner or operator is a
State entity whose debts and liabilities are the debts and liabilities
of a State.
(c) Upon approval of a request to operate a new, or continue an
existing, solid waste disposal site, an operator who is not described
in paragraphs (a) or (b) of this section must file with the Regional
Director a suitable performance bond with satisfactory surety, payable
to the Secretary of the Interior or the Secretary's designee. The bond
must be conditioned upon faithful compliance with all applicable laws
and regulations, and the permit requirements as approved. When bonds
are to serve as security, an operator must provide a power of attorney
to the Secretary or the Secretary's designee. The bond must be issued
by a surety company listed and approved by the Department of the
Treasury.
(d) In lieu of a performance bond, an operator may deposit with the
Secretary or the Secretary's designee cash or negotiable bonds of the
United States Government. The cash deposit or the market value of such
securities must be at least equal to the required sum of the bond(s).
(e) The bond or security deposit will be established by the
Regional Director in an amount equal to the estimated cost to
accomplish all closure and post-closure care requirements as described
in 40 CFR part 258, subpart F, but in no case less than $25,000.
(f) The responsibility and liability of the operator (and the
surety, if any) under the bond or security deposit must continue until
the Regional Director determines that closure and post- closure care
have been completed in accordance with the permit requirements. No
portion of the performance bond or security deposit may be released
until such a determination has been made.
(g) Within 30 calendar days after the Regional Director determines
that all closure and post-closure care requirements have been
successfully completed according to the permit, the Regional Director
will notify the operator (and the surety, if any) that liability under
the bond or security deposit has been terminated and the bond or
security deposit released.
Sec. 6.11 Appeals.
(a) An applicant aggrieved by a decision of the Regional Director
with regard to a permit request under this part may appeal, in writing,
to the Director for reconsideration. The aggrieved applicant must file
the appeal with the Director within 45 calendar days of notification to
the applicant of the decision complained of. The appeal must set forth
in detail the respects to which the decision of the Regional Director
is contrary to, or in conflict with, the facts, the law, this part, or
is otherwise in error.
(b)(1) Within 45 calendar days after receiving the written appeal
of the aggrieved applicant, the Director will make a decision in
writing. The Director's decision will include:
(i) A statement of facts;
(ii) A statement of conclusions; and
(iii) an explanation of the reasons upon which the conclusions are
based.
(2) The decision of the Director will constitute the final
administrative action of the National Park Service.
Sec. 6.12 Prohibited Acts and Penalties.
(a) The following are prohibited:
(1) Operating a solid waste disposal site without a permit issued
under Sec. 6.9 or, where applicable, without approval granted under
Sec. 6.7(c);
(2) Operating a solid waste disposal site without the proper amount
or form of bond or security deposit, as prescribed by the Regional
Director, when such a bond or security deposit is required by this
part;
(3) Operating a solid waste disposal site in violation of a term or
a requirement of a National Park Service issued permit; or
(4) Operating a solid waste disposal site in violation of 40 CFR
Parts 257 or 258, or in violation of the equivalent State law or
regulation.
(b) A person who violates a provision of paragraph (a) of this
section is subject to:
(1) The penalty provisions of 36 CFR 1.3; and/or
(2) Revocation of the permit by the Regional Director if a permit
exists; and/or
(3) Forfeiture of a bond or security deposit if a bond or security
deposit is required under Sec. 6.10.
Dated: September 8, 1994.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 94-31201 Filed 12-21-94; 8:45 am]
BILLING CODE 4310-70-P
