[Federal Register Volume 59, Number 41 (Wednesday, March 2, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4757]
[[Page Unknown]]
[Federal Register: March 2, 1994]
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ENVIRONMENTLAL PROTECTION AGENCY
[FRL-4843-7]
Alabama: Final Determination of Adequacy of State/Tribal
Municipal Solid Waste Permit Program
AGENCY: Environmental Protection Agency.
ACTION: Notice of final partial program determination of adequacy of
the State of Alabama's municipal solid waste landfill permit 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, 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
waste will comply with the revised Federal MSWLF Criteria (40 CFR part
258). RCRA section 4005(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 governing
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 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 flexibility provided
by part 258 to the extent the State/Tribal permit program allows such
flexibility. EPA notes that regardless of the approval status of a
State/Tribe and the permit status of any facility, the Federal landfill
criteria will apply to all permitted and unpermitted MSWLF facilities.
Alabama applied for a determination of adequacy under section 4005
of RCRA. EPA Region IV reviewed Alabama's MSWLF application and made a
tentative determination of adequacy for those portions of the MSWLF
permit program that are adequate to ensure compliance with the revised
MSWLF criteria. After reviewing all comments received, EPA today is
granting final approval to Alabama's partial program.
EFFECTIVE DATE: The determination of adequacy for the State of Alabama
shall be effective on March 2, 1994.
FOR FURTHER INFORMATION CONTACT: EPA Region IV, 345 Courtland Street
NE., Atlanta, Georgia 30365, Attn: Ms. Patricia S. Zweig, mail code
4WD-OSW, telephone 404-347-2091.
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 facilities comply with the Federal
Criteria under part 258. Subtitle D also requires in section 4005 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 propose in STIR to allow partial approval if: (1)
The Regional Administrator determines that the State/Tribal permit
program largely meets the requirements for ensuring compliance with
part 258; (2) changes to a limited narrow part(s) of the State/Tribal
permit program are needed to meet those requirements; and (3)
provisions not included in the partially approved portions of the
State/Tribal permit program are a clearly identifiable and separable
subset of part 258. As provided in the October 9, 1991, municipal
landfill rule, EPA's national Subtitle D standards took effect on
October 9, 1993. Consequently, any portion of the Federal Criteria that
are not included in an approved State/Tribal program by October 9, 1993
apply directly to the owner/operator without any approved State/Tribal
flexibility. On October 1, 1993, the October 9, 1993, effective date
was extended for certain smaller landfills and for certain landfills
receiving waste from flood disaster areas (58 FR 51536). The effective
date is now April 9, 1994, for MSWLFs that accept less than 100 tons of
waste per day, are not a Superfund National Priority List site, and are
either in a State that has submitted an application to EPA for approval
before October 9, 1993, or are located on Tribal lands. The effective
date has been extended to October 9, 1995, for very small (less than 20
tons of waste per day), remote landfills in arid climates that lack a
practicable alternative for waste disposal or experience significant
disruption of surface transportation. Certain large facilities
receiving waste from flood disaster areas also are allowed an extension
of the compliance date if the State determines that they are needed to
dispose of flood debris. The requirements of the STIR, if promulgated,
will ensure that any mixture of State/Tribal and Federal rules that
take effect will be fully workable and leave no significant gaps in
environmental protection. These practical concerns apply to individual
partial approvals granted prior to the promulgation of the STIR.
Consequently, EPA reviewed the program approved today and concluded
that the State/Tribal and Federal requirements mesh reasonably well and
do not leave significant gaps. Partial approval would allow the Agency
to approve those provisions of the State/Tribal permit program that
meet the requirements and provide the State/Tribe time to make
necessary changes to the remaining portions of its program. As a
result, owners/operators will be able to work with the State/Tribal
permitting agency to take advantage of the flexibility allowed under
the Federal criteria for approved states for those portions of the
State's program that have been approved.
EPA will review State/Tribal requirements to determine whether they
are ``adequate'' under section 4005(c)(1)(C) of RCRA. EPA interprets
the requirements for States or Tribes to develop ``adequate'' programs
for permits or other forms of prior approval to impose several minimum
requirements. First, each State/Tribe must have enforceable standards
for new and existing MSWLFs that are technically comparable to EPA's
revised MSWLF criteria. Next, the State/Tribe must have the authority
to issue a permit or other notice of prior approval to all new and
existing MSWLFs in its jurisdiction. The State/Tribe also must provide
for public participation in permit issuance and enforcement as required
in section 7004(b) of RCRA. Finally, EPA believes that the State/Tribe
must show that it has sufficient compliance monitoring and enforcement
authorities to take specific action against any owner or operator that
fails to comply with an approved MSWLF program.
EPA Regions will determine whether a State/Tribe has submitted an
``adequate'' program based on the interpretation outlined above. EPA
plans to provide more specific criteria for this evaluation when it
proposes the State/Tribal Implementation Rule. EPA expects States/
Tribes to meet all of these requirements for all elements of a MSWLF
program before it gives full approval to a MSWLF program. EPA also is
requesting States/Tribes seeking partial program approval to provide a
schedule for the submittal of all remaining portions of their MSWLF
permit programs. EPA notes that it intends to propose to make
submissions of a schedule mandatory in the STIR.
As a State's/Tribe's regulations and statutes are amended to comply
with the Federal MSWLF landfill regulations, unapproved portions of a
partially approved MSWLF permit program may be approved by the EPA. The
State/Tribe may submit an amended application to EPA for review and an
adequacy determination will be made using the same criteria as for the
initial application. This adequacy determination will become effective
sixty (60) days following publication if no adverse comments are
received. If EPA receives adverse comments on its adequacy
determination, another Federal Register notice will be published either
affirming or reversing the initial decision while responding to the
public comments.
B. State of Alabama
On July 9, 1993, the State of Alabama submitted a final application
for partial program adequacy determination for their MSWLF permit
program. On December 17, 1993, EPA published a tentative determination
of adequacy for all portions of Alabama's program except for the
Financial Assurance Criteria set forth in Subpart G. Further background
on the tentative determination of adequacy appears at 58 FR 65982,
(December 17, 1993).
Along with the tentative determination, EPA announced the
availability of the application for public comment and the date of a
public hearing on the application. Region IV of EPA held a public
hearing on February 10, 1994, at 7 p.m. in Montgomery, Alabama.
The State of Alabama has the authority to issue permits that
incorporate all the requirements of the Revised Federal MSWLF Criteria,
except Financial Assurance, to all MSWLFs in the State, with the
exception of those located on Tribal Lands.
The EPA has determined that the State of Alabama's statutes and
administrative regulations provide for a state-wide comprehensive
program of solid waste management including specific provisions for
public participation, compliance monitoring and enforcement.
The State of Alabama requested approval for all portions of the
Federal criteria except Subpart G-Financial Assurance Criteria. The
Alabama Department of Environmental Management does not currently have
statutory authority to develop and enforce financial assurance
regulations for MSWLFs. The schedule that Alabama submitted indicates
that the necessary changes to the laws, regulations, and guidance to
comply with the remaining part 258 requirements will be completed by
January, 1995.
C. Public Comment
One written comment was submitted during the public comment period.
The commenter supported the tentative decision to partially approve
Alabama's MSWLF permit program. There were no written or oral comments
submitted during the public hearing.
D. Decision
After reviewing the public comments submitted in response to the
tentative decision, I conclude that Alabama's application for partial
program adequacy determination meets all of the statutory and
regulatory requirements established by RCRA. Accordingly, Alabama is
granted a partial program determination of adequacy for all portions of
its MSWLF permit program except Subpart G-Financial Assurance
Requirements.
Section 4005(a) of RCRA provides that citizens may use the citizen
suit provisions of section 7002 of RCRA to enforce the Federal MSWLF
criteria in 40 CFR part 258 independent of any State/Tribal enforcement
program. As EPA explained in the preamble to the final MSWLF criteria,
EPA expects that any owner or operator complying with provisions in a
State/Tribal program approved by EPA should be considered to be in
compliance with the Federal Criteria. See 56 FR 50978, 50995 (October
9, 1991).
This action takes effect on the date of publication. EPA believes
it has good cause under section 553(d) of the Administrative Procedure
Act, 5 U.S.C 553(d), to put this action into effect less than 30 days
after publication in the Federal Register. All of the requirements and
obligations in the State's 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 action from
the requirements of section 6 of Executive Order 12866.
Certification Under the Regulatory Flexibility Act
Pursuant to the provisions of 5 U.S.C. 605(b), I hereby certify
that this approval will not have a significant economic impact on a
substantial number of small entities. It does not impose any new
burdens on small entities. This action, therefore, does not require a
regulatory flexibility analysis.
Authority: This notice of final partial program adequacy
determination of Alabama's municipal solid waste permit program is
issued under the authority of section 4005 of the Solid Waste
Disposal Act as amended; 42 U.S.C. 6946.
Dated: February 18, 1994.
John H. Hankinson, Jr.,
Regional Administrator.
[FR Doc. 94-4757 Filed 3-1-94; 8:45 am]
BILLING CODE 6560-50-F
