[Federal Register Volume 60, Number 30 (Tuesday, February 14, 1995)]
[Notices]
[Pages 8384-8386]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-3660]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5155-1]
New Hampshire; Final Adequacy Determination of State/Tribal
Municipal Solid Waste Permit Program
AGENCY: Environmental Protection Agency.
ACTION: Notice of Final Determination of Full Program Adequacy for the
State of New Hampshire's Municipal Solid Waste Landfill Permitting
Program.
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SUMMARY: Section 4005(c)(1)(B) of the Resource Conservation and
Recovery Act (RCRA), as amended by the Hazardous and Solid Waste
Amendments (HSWA) of 1984, 42 USC 6945(c)(1)(B), requires states to
develop and implement permit programs to ensure that municipal solid
waste landfills (MSWLFs), which may receive hazardous household waste
or small quantity generator hazardous waste, will comply with the
revised Federal MSWLF Criteria (40 CFR Part 258). RCRA Section
4005(c)(1)(C), 42 USC Sec. 6945(c)(1)(C), requires the Environmental
Protection Agency (EPA) to determine whether states have adequate
``permit'' programs for MSWLFs, but does not mandate issuance of a rule
for such determinations. EPA has drafted and is in the process of
proposing a State/Tribal Implementation Rule (STIR) that will provide
procedures by which EPA will approve, or partially approve, State/
Tribal landfill permit programs. The Agency intends to approve adequate
State/Tribal MSWLF permit programs as applications are submitted. Thus,
these approvals are not dependent on final promulgation of the STIR.
Prior to promulgation of the STIR, adequacy determinations will be made
based on the statutory authorities and requirements. In addition,
States/Tribes may use the draft STIR as an aid in interpreting these
requirements. The Agency believes that early approvals have an
important benefit. Approved State/Tribal permit programs provide for
interaction between the State/Tribe and the owner/operator regarding
site-specific permit conditions. Only those owners/operators located in
State/Tribes with approved permit programs can use the site-specific
flexibilities provided by 40 CFR part 258 to the extent the State/
Tribal permit program allows such flexibility. EPA notes that
regardless of the approval status of a State/Tribe and the permit
status of any facility, the federal landfill criteria shall apply to
all permitted and unpermitted MSWLF facilities.
The State of New Hampshire applied for a determination of adequacy
under Section 4005(c)(1)(C) of RCRA, 42 USC Sec. 6945(c)(1)(C). EPA
Region I reviewed New Hampshire's MSWLF permit program adequacy
application and made a determination that all portions of New
Hampshire's MSWLF permit program are adequate to assure compliance with
the revised Federal MSWLF Criteria. After consideration of all comments
received, EPA is today issuing a final determination that the State's
program is adequate.
Effective Date: The determination of adequacy for the State of New
Hampshire shall be effective on February 14, 1995.
For further information contact: EPA Region I, John F. Kennedy Federal
Building, Boston, MA 02203, Attn: Mr. John F. Hackler, Chief, Solid
Waste and Geographic Information Section, mail code HER-CAN 6,
telephone (617) 573-9670.
Supplementary Information:
A. Background
On October 9, 1991, EPA promulgated revised criteria for MSWLFs (40
CFR part 258). Subtitle D of RCRA, as amended by the Hazardous and
Solid Waste Amendments of 1984 (HSWA), requires states to develop
permitting programs to ensure that MSWLFs comply with the Federal
Criteria under 40 CFR part 258. Subtitle D also requires in Section
4005(c)(1)(C), 42 USC Sec. 6945(c)(1)(C), that EPA determine the
adequacy of state municipal solid waste landfill permit programs to
ensure that facilities comply with the revised Federal Criteria. To
fulfill this requirement, the Agency has drafted and is in the process
of proposing a State/Tribal Implementation Rule (STIR). The rule will
specify the requirements which State/Tribal programs must satisfy to be
determined adequate.
EPA intends to approve State/Tribal MSWLF permit programs prior to
the promulgation of the STIR. EPA interprets the requirements for
states or tribes to develop ``adequate'' programs for permits, or other
forms of prior approval and conditions (for example, license to
operate) to impose several minimum requirements. First, each State/
Tribe must have enforceable [[Page 8385]] standards for new and
existing MSWLFs that are technically comparable to EPA's revised MSWLF
criteria. Second, the State/Tribe must have the authority to issue a
permit or other notice of prior approval and conditions to all new and
existing MSWLFs in its jurisdiction. The State/Tribe also must provide
for public participation in permit issuance and enforcement as required
in Section 7004(b) of RCRA, 42 USC Sec. 6974(b). Finally, the State/
Tribe must show that it has sufficient compliance monitoring and
enforcement authorities to take specific action against any owner or
operator that fails to comply with an approved MSWLF program.
EPA Regions will determine whether a State/Tribe has submitted an
``adequate'' program based on the interpretation outlined above. EPA
plans to provide more specific criteria for this evaluation when it
proposes the STIR. EPA expects States/Tribes to meet all of these
requirements for all elements of a MSWLF program before it gives full
approval to a MSWLF program.
B. State of New Hampshire
On July 7, 1993, EPA Region I received New Hampshire's final MSWLF
permit program application for adequacy determination. EPA published in
the Federal Register a tentative determination of adequacy for all
portions of New Hampshire's program. Further background on the
tentative determination of adequacy appears at 59 FR 52299 (October 17,
1994).
Along with the tentative determination, EPA announced the
availability of the application for public comment. In addition, a
public hearing was tentatively scheduled. However, there were no
requests for such, and as a result the hearing was not held.
C. Public Comment
EPA Region I received the following written comments on the
tentative determination of adequacy for New Hampshire's MSWLF
permitting program, all of which have been made a part of the
administrative record and are available to the public for review.
Several commenters were generally supportive of EPA's tentative
determination to provide full program approval to New Hampshire's MSWLF
permitting program. These commenters encouraged EPA Region I to work
quickly towards the final determination of adequacy of the State's
program.
A response was required by only one comment, in which the commenter
questioned the effectiveness of the State's Guidance Document for
ensuring compliance with both state and federal requirements for
MSWLFs. Specifically, the commenter felt there were instances in which
the Guidance may prove confusing to the regulated community (due in
part to typographical errors and cross-references to part 258). EPA
Region I forwarded a summary of the comments to the New Hampshire
Department of Environmental Services (NH DES), which agreed that
clarifying changes to its Guidance might be beneficial. Without
creating any substantive changes, the Guidance was revised after review
and approval by EPA Region I. The clarifying revisions ensure
consistency with 40 CFR part 258, while maintaining the integrity of
the State's original Guidance. To further prevent any chance of
confusion, the State of New Hampshire will append the part 258
regulations to its Guidance document for direct reference.
D. Decision
After evaluating the New Hampshire program, EPA Region I concludes
that the State of New Hampshire's MSWLF Permitting Program meets all of
the statutory and regulatory requirements established by RCRA. The New
Hampshire MSWLF Permitting Program is technically comparable to, no
less stringent than, and equally as effective as the revised Federal
Criteria. Accordingly, the State of New Hampshire is granted a
determination of adequacy for all portions of its municipal solid waste
permit program.
To ensure full compliance with the Federal Criteria, New Hampshire
has revised its current MSWLF permitting requirements by development of
the Guidance Document for the State Permitting of Municipal Solid Waste
Landfills Regulated Under Federal Rules (40 CFR Part 258) in New
Hampshire. This guidance document has incorporated those requirements
from the Federal Criteria not found in the State's existing MSWLF
program which are applicable to all existing MSWLFs and to all MSWLF
permit applications. New Hampshire will implement its MSWLF permit
program through enforceable permit conditions. These new requirements
occur in the following areas:
1. The adoption of the following definitions as required by the
revised Federal Criteria, 40 CFR 258.2: Active life, active portion,
director, household waste, industrial solid waste, owner, saturated
zone, sludge, solid waste, state, state director, and waste management
unit boundary.
2. Compliance with the location restrictions of 40 CFR 258.10,
258.11. 258.12, 258.13, 258.14, 258.15, and 258.16, which pertain to
airport safety, floodplains, wetlands, fault areas, seismic impact
zones, unstable areas and closure of existing MSWLF units.
3. Compliance with the operating criteria of 40 CFR 288.20, 258.21,
258.23, 258.24, 258.28, 258.29, which pertain to excluding the receipt
of hazardous waste, cover material requirements, explosive gases
control, air criteria, liquid restrictions, and record keeping
requirements.
4. Compliance with the design criteria of 40 CFR 258.40.
5. Compliance with the ground-water monitoring and corrective
action requirements of 40 CFR 258.53, 258.54, 258.55, 258.56, 258.57,
and 258.58, which pertain to groundwater sampling and analysis
requirements, detection monitoring, assessment monitoring, assessment
of corrective measures, selection of remedy, and implementation of the
corrective action program.
6. Compliance with the closure and post-closure criteria of
Secs. 258.60 and 258.61.
7. Compliance with the financial assurance criteria of 40 CFR
258.70, 258.71, 258.72, 258.73, and 258.74, which pertain to
applicability and effective date, financial assurance for closure,
financial assurance for post-closure care, financial assurance for
corrective action, and allowable mechanisms.
New Hampshire's Department of Environmental Services requires all
existing MSWLFs to have either an existing permit or a temporary
permit, both of which require compliance with the Federal Criteria in
40 CFR part 258 pursuant to state laws and regulations, found at New
Hampshire Revised Statutes Annotated Chapter 149-M:11 and New Hampshire
Code of Administrative Rules Env-Wm 308.03. The State of New Hampshire
is not asserting jurisdiction over Indian land recognized by the United
States government for the purpose of this notice. Tribes recognized by
the United States government are also required to comply with the terms
and conditions found at 40 CFR Part 258.
Region I notes that New Hampshire's receipt of Federal financial
assistance subjects the State to the statutory obligations of Title VI
of the Civil Rights Act of 1964. EPA Region I is committed to working
with the State to support and ensure compliance with all Title VI
requirements. Furthermore, the narrative portion of the State's
application expresses New Hampshire's voluntary support of
environmental justice principles in the management of the Subtitle D
program. Although this is not a criterion for program approval,
[[Page 8386]] Region I acknowledges New Hampshire's support of
environmental justice principles.
Section 4005(a) of RCRA, 42 USC Sec. 6945(a) provides that citizens
may use the citizen suit provisions of Section 7002 of RCRA, 42 USC
6972, to enforce the Federal MSWLF Criteria set forth in 40 CFR part
258 independent of any State/Tribal enforcement program. As EPA
explained in the preamble to the final MSWLF criteria, EPA expects that
any owner or operator complying with provisions in a State/Tribal
program approved by EPA should be considered to be in compliance with
the Federal Criteria. See, 56 FR 50978, 50995 (October 9, 1991).
Today's action takes effect on the date of publication. EPA
believes it has good cause under Section 553(d) of the Administrative
Procedure Act, 5 USC Sec. 553(d), to put this action into effect less
than 30 days after the publication in the Federal Register. All of the
requirements and obligations in the State's program are already in
effect as a matter of state law. EPA's action today does not impose any
new requirements that the regulated community must begin to comply
with. Nor do these requirements become enforceable by EPA as federal
law. Consequently, EPA finds that it does not need to give notice prior
to making its approval effective.
Compliance With Executive Order 12866
The Office of Management and Budget has exempted this notice from
the requirements of Section 6 of Executive Order 12866.
Certification Under the Regulatory Flexibility Act
Pursuant to the provisions of 5 USC 605(b), I hereby certify that
this approval will not have a significant economic impact on a
substantial number of small entities. It does not impose any new
burdens on small entities. This notice, therefore, does not require a
regulatory flexibility analysis.
Authority: This notice is issued under the authority of Sections
2002, 4005 and 4010(c) of the Solid Waste Disposal Act as amended,
42 USC Secs. 6912, 6945 and 6949a(c).
Dated: February 4, 1995.
John P. DeVillars,
Regional Administrator.
[FR Doc. 95-3660 Filed 2-13-95; 8:45 am]
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