[Federal Register Volume 59, Number 105 (Thursday, June 2, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-13455]
[[Page Unknown]]
[Federal Register: June 2, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-4890-7]
Hawaii: Final Determination of Adequacy of State Municipal Solid
Waste Permit Program
AGENCY: Environmental Protection Agency.
ACTION: Notice of final determination of full program adequacy for
Hawaii's application.
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SUMMARY: Section 4005(c)(1)(B) of the Resource Conservation and
Recovery Act (RCRA), as amended by the Hazardous and Solid Waste
Amendments (HSWA) of 1984, 42 U.S.C. 6945(c)(1)(B), requires States to
develop and implement 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). Section 4005(c)(1)(C) of
RCRA, 42 U.S.C. 6945(c)(1)(C), requires the Environmental Protection
Agency (EPA) to determine whether States have adequate ``permit''
programs for MSWLFs.
Approved State permit programs provide interaction between the
State and MSWLFs owners and operators regarding site-specific permit
conditions. Only owners or operators located in States with approved
permit programs can use the site-specific flexibility provided by 40
CFR part 258 to the extent the State permit program allows such
flexibility. EPA notes that regardless of the approval status of a
State and the permit status of any facility, the Federal MSWLF criteria
will apply to all permitted and unpermitted MSWLF facilities.
Hawaii applied for a determination of adequacy under section 4005
of RCRA. EPA reviewed Hawaii's application and issued for public
comment a tentative determination that Hawaii's permit program is
adequate to assure compliance with the revised MSWLF Criteria. Based on
a thorough review of Hawaii's MSWLF program and the fact that no
comments were received from the public, EPA is today issuing a final
determination that Hawaii's MSWLF program is adequate.
EFFECTIVE DATE: The determination of adequacy for Hawaii shall be
effective on June 2, 1994.
FOR FURTHER INFORMATION CONTACT: U.S. EPA Region 9, 75 Hawthorne
Street, San Francisco, California, 94105. Attn: Greg Wilmore, mail code
H-3-1, phone (415) 744-2093.
SUPPLEMENTARY INFORMATION:
A. Background
On October 9, 1991, EPA promulgated revised Criteria for MSWLFs (40
CFR part 258). Subtitle D of RCRA, 42 U.S.C. 6941-6949(a), as amended
by the Hazardous and Solid Waste Amendments of 1984 (HSWA), requires
States to develop permitting programs to ensure that MSWLFs comply with
the Federal Criteria under part 258. Section 4005 of RCRA, 42 U.S.C.
6945, also requires that EPA determine the adequacy of State MSWLF
permit programs to ensure that facilities comply with the revised
Federal Criteria. To facilitate this requirement, the Agency has
drafted and is in the process of proposing a State and Tribe
Implementation Rule (STIR) that will provide procedures by which EPA
will approve, or partially approve, State and Tribal landfill permit
programs.
EPA intends to approve State MSWLF permit programs prior to the
promulgation of the STIR. Prior to promulgation of the STIR, adequacy
determinations will be made based on the statutory authorities and
requirements. EPA interprets the statutory requirements for States to
develop ``adequate'' permit programs to impose several minimum
standards. First, each State must have enforceable standards for new
and existing MSWLFs that are technically comparable to EPA's revised
MSWLF criteria. Next, the State must have the authority to issue a
permit or other notice of prior approval to all new and existing MSWLFs
in its jurisdiction. The State must also provide for public
participation in permit issuance and enforcement as required in section
7004(b) of RCRA, 42 U.S.C. 6974. Finally, the State must show that it
has sufficient compliance monitoring and enforcement authorities to
take specific action against any owner or operator that fails to comply
with an approved MSWLF program.
EPA Regions will determine whether a State has submitted an
``adequate'' program based on the interpretation outlined above. EPA
expects States to meet all of the criteria for all elements of a MSWLF
program before it gives full approval to a MSWLF program. In addition,
States may use the draft STIR as an aid in interpreting these
requirements.
On October 8, 1993, Hawaii submitted an application for adequacy
determination for Hawaii's MSWLF permit program. On March 7, 1994, EPA
published a tentative determination of adequacy for all portions of
Hawaii's MSWLF program. Further background on the tentative
determination of adequacy appears at 59 FR 10644 (March 7, 1994).
Along with the tentative determination, EPA announced the
availability of the application for public comment. EPA received
neither comments nor a request for a public meeting on this
determination.
The State of Hawaii has the authority to enforce the requirements
of its MSWLF program at all MSWLFs in the State.
B. Decision
In the tentative determination, EPA proposed to fully approve
Hawaii's MSWLF program. Hawaii's application for adequacy determination
meets all of the statutory and regulatory requirements established by
RCRA. Accordingly, Hawaii is granted a determination of adequacy for
all portions of its MSWLF permit program.
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 enforcement
program. As EPA explained in the preamble to the final MSWLF criteria,
EPA expects that any owner or operator complying with provisions in a
State program approved by EPA should be considered to be in compliance
with the Federal Criteria. See 56 FR 50978, 50995 (October 9, 1991).
Today's action takes effect on the date of publication. EPA
believes it has good cause under section 553(d) of the Administrative
Procedure Act, 5 U.S.C. 553(d), to put this action into effect less
than 30 days after publication in the Federal Register. All of the
requirements and obligations in the State's MSWLF program are already
in effect as a matter of State law. EPA's action today does not impose
any new requirements 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 U.S.C. 605(b), I hereby certify
that this approval will not have a significant economic impact on a
substantial number of small entities. It does not impose any new
burdens on small entities. This rule, therefore, does not require a
regulatory flexibility analysis.
Authority: This notice is issued under the authority of sections
2002, 4005 and 4010(c) of the Solid Waste Disposal Act, as amended,
42 U.S.C. 6912, 6945, 6949a(c).
Dated: May 10, 1994.
Harry Seraydarian,
Acting Regional Administrator.
[FR Doc. 94-13455 Filed 6-1-94; 8:45 am]
BILLING CODE 6560-50-P
