[Federal Register Volume 61, Number 122 (Monday, June 24, 1996)]
[Notices]
[Pages 32436-32437]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16013]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5525-9]
Nebraska; Final Full Program Determination of Adequacy of State/
Tribal Municipal Solid Waste Landfill Permit Program
AGENCY: Environmental Protection Agency.
ACTION: Notice of immediate final program determination of adequacy on
Nebraska'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, 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. The EPA has drafted and is in the process of
proposing a State/Tribal Implementation Rule (STIR) that will provide
procedures by which the 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
the 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
flexibility provided by 40 CFR part 258 to the extent the State/Tribal
permit program allows such flexibility. The EPA notes that regardless
of the approval status of a State/Tribe and the permit status of any
facility, the federal criteria under 40 CFR part 258 will apply to all
permitted and unpermitted MSWLF facilities.
Nebraska applied for a determination of adequacy under section 4005
of RCRA. The EPA reviewed Nebraska's application and has made a
decision, subject to public review and comment, that Nebraska's
municipal solid waste landfill permit program satisfies all of the
requirements necessary to qualify for final authorization. Thus, EPA is
approving Nebraska's MSWLF permit program.
EFFECTIVE DATE: The determination of adequacy for Nebraska shall be
effective on August 23, 1996, unless EPA publishes a prior Federal
Register action withdrawing this immediate final rule. All comments on
Missouri's program revision application must be received by the close
of business July 24, 1996, unless.
ADDRESSES: Copies of Nebraska's application for MSWLF permit program
approval are available for inspection and copying from 8 a.m. to 4:30
p.m., Monday through Friday at the following addresses: Office of
Public Affairs, Atrium Building, Suite 400, 1200 N Street, Lincoln,
Nebraska 68509 Attn: Mr. Joseph Francis, telephone 402-471-4210; and
U.S. EPA Region VII Library, 726 Minnesota Avenue, Kansas City, Kansas
66101, Phone: 913-551-7241.
FOR FURTHER INFORMATION CONTACT: Ms. Althea M. Moses, 726 Minnesota
Ave., Kansas City, Kansas 66101; (913) 551-7055.
SUPPLEMENTARY INFORMATION:
A. Background
On October 9, 1991, the EPA promulgated 40 CFR part 258 for MSWLFs.
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 40 CFR part 258. Subtitle D also requires in section 4005 of RCRA
that the EPA determine the adequacy of State municipal solid waste
landfill permit programs to ensure that facilities comply with the 40
CFR part 258. 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.
The EPA intends to propose in the 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 40 CFR part 258; (2) changes to a limited narrow part(s) of the
State/Tribal permit program are needed to meet these 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 40 CFR part 258. As a State's/Tribe's regulations and
statutes are amended to comply with 40 CFR part 258, 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 be published in the Federal Register summarizing the Agency's
decision and the portion(s) of the State/Tribal MSWLF permit program
affected and providing an opportunity to comment for a period of 30
days. The 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.
The EPA will review State/Tribal requirements to determine whether
they are ``adequate'' under section 4005(c)(1)(C) of RCRA. The 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 40 CFR part 258. 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, the 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.
The EPA Regions will determine whether a State/Tribe has submitted
an ``adequate'' program based on the interpretation outlined above. The
EPA plans to provide more specific criteria for this evaluation when it
proposes the STIR. The EPA expects State/Tribes to meet all of these
requirements for all elements of a MSWLF program before it
[[Page 32437]]
gives full approval to a MSWLF program.
B. State of Nebraska
On August 29, 1995 the Nebraska Department of Environmental Quality
submitted an amended application for full MSWLF landfill permit program
approval. This application follows an August 19, 1993 submittal on
which EPA approved all portions of Nebraska's program for all parts
except the exemption from ground-water monitoring at small facilities.
The partial program approval determination was due to an exemption from
ground water monitoring at small facilities which appeared in Nebraska
Department of Environmental Quality, Title 132--Rules and Regulations
Pertaining to Solid Waste Management, Chapter 10, Section 001. This
exemption was vacated from 40 CFR Part 258 as a result of Sierra Club
v. U.S. Environmental Protection Agency, 992 F.2d 337 (D.C. Cir. 1993).
In accordance with this decision, 40 CFR Part 258.1 (f)(1) was revised
in 40 CFR Part 258.1(f), 58 FR 51536 (October 1, 1993). Further
background on the final partial program determination of adequacy is
located at 58 FR 65985 (December 17, 1993)
Nebraska does not claim jurisdiction over Indian land. Nebraska's
program is not enforceable on Indian lands.
The EPA has reviewed Nebraska's application, and has made an
immediate final decision that Nebraska's municipal solid waste landfill
permit program satisfies all the requirements of the State/Tribal
Implementation Rule to qualify for full program approval. Consequently,
EPA intends to grant full approval of the Nebraska program. The public
may submit written comments on EPA's immediate final decision up until
July 24, 1996. Copies of Nebraska's application for program approval
are available for inspection and copying at the locations identified in
the ADDRESSES section of this action .
Approval of Nebraska's municipal solid waste landfill permitting
program shall become effective August 23, 1996, unless an adverse
comment pertaining to the State's revision discussed in this notice is
received by the end of the comment period. If an adverse comment is
received EPA will publish either: (1) A withdrawal of the immediate
final decision, or (2) a notice containing a response to comments which
either affirms that the immediate final decision takes effect or
reverses the decision.
C. Decision
I conclude that Nebraska's application for full program adequacy
determination meets all of the statutory and regulatory requirements
established by RCRA for full program adequacy. Accordingly, Nebraska is
granted a full program determination of adequacy for all parts of its
municipal solid waste landfill 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/Tribal enforcement
program. As the EPA explained in the preamble to the final MSWLF
criteria, the EPA expects that any owner or operator complying with
provisions in a State/Tribal program approved by the EPA should be
considered to be in compliance with the Federal criteria. See 56 FR
50978, 50995 (October 9, 1991).
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 final 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 section
4005 of the Solid Waste Disposal Act as amended, 42 U.S.C.
Sec. 6946.
Dated: June 11, 1996.
Dennis Grams,
Regional Administrator.
[FR Doc. 96-16013 Filed 6-21-96; 8:45 am]
BILLING CODE 6560-50-P
