[Federal Register Volume 60, Number 143 (Wednesday, July 26, 1995)]
[Notices]
[Pages 38327-38329]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-18375]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5264-4]
Vermont: Adequacy Determination of State/Tribal Municipal Solid
Waste Permit Program
AGENCY: Environmental Protection Agency.
ACTION: Notice of Tentative Determination to Fully Approve the Adequacy
of the State of Vermont's Municipal Solid Waste Permitting Program,
Public Hearing and Public Comment Period.
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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). RCRA Section
4005(c)(1)(C), 42 U.S.C. 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/Tribe permit programs provide for
interaction between the State/Tribe and the owner/operator regarding
site-specific permit conditions. Only those owners/operators located in
States/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 Vermont has applied for a determination of adequacy
under section 4005(c)(1)(C) of RCRA, 42 U.S.C. 6945(c)(1)(C). EPA
Region I has reviewed Vermont's MSWLF permit program adequacy
application and has made a tentative determination that all portions of
Vermont's MSWLF permit program are adequate to assure compliance with
the revised MSWLF Criteria. (In statutes and rules of the State of
Vermont ``certification'' is substituted for the term, ``permitting
program.'' References herein to the State Permitting Program pertain to
the Vermont Certification Program.) Vermont's application for program
adequacy determination is available for public review and comment at
the places listed in the ADDRESSES section below during regular office
hours.
Although RCRA does not require EPA to hold a public hearing on a
determination to approve any State/Tribe's MSWLF permit program, EPA
Region I has tentatively scheduled a public hearing on this
determination. If a sufficient number of persons express interest in
participating in a hearing by writing to the EPA Region I Solid Waste
Program or calling the contact given below within 30 days of the date
of publication of this notice, EPA Region I will hold a hearing, in
Montpelier, Vermont, on the date given below in the ``DATES'' section.
EPA Region I will notify all persons who submit comments on this notice
if it appears that there is sufficient public interest to warrant a
hearing. In addition, anyone who wishes to learn whether the hearing
will be held may call the person listed in the CONTACTS section below.
DATES: All comments on Vermont's application for a determination of
adequacy must be received by the close of business on August 25, 1995.
If there is sufficient interest, a public hearing
[[Page 38328]]
will be held on October 12, 1995 at 10:00 a.m., at the Pavilion Office
Building, Fourth Floor Conference Room, 109 State Street, Montpelier,
Vermont. The State will participate in the public hearing, if held by
EPA Region I on this subject.
ADDRESSES: Copies of Vermont's application for adequacy determination
are available at the following addresses for inspection and copying:
during the hours of 8:00 a.m. to 4:00 p.m., Vermont Agency of Natural
Resources, Solid Waste Management Division, 103 South Main Street, The
Laundry Building, Waterbury, VT 06571-0407, Attn: Ms. Stacey Gosselin,
telephone (802) 241-3444; during the hours of 8:00 a.m. to 5:00 p.m.,
U.S. EPA Region I, 90 Canal Street, Boston, MA 02203, Attn: Fred
Friedman, telephone (617) 573-9687. Written comments should be sent to
Mr. John F. Hackler, Chief, Solid Waste and Geographic Information
Section, mail code HER-CAN6, EPA Region I, John F. Kennedy Federal
Building, Boston, MA 02203-2211.
FOR FURTHER INFORMATION CONTACT: EPA Region I, John F. Kennedy Federal
Building, Boston, MA 02203-2211, Attn: Mr. Charles Franks, mail code
HER-CAN6, telephone (617) 573-9678.
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 U.S.C. 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.
The EPA intends to approve State/Tribal MSWLF permit programs prior
to the promulgation of 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 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
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
U.S.C. 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 Vermont
On August 23, 1993, EPA Region I received Vermont's draft final
MSWLF Permit Program application for adequacy determination. Region I
reviewed the final application, submitted comments to Vermont, and
requested additional information about state program implementation.
Vermont addressed EPA's comments, provided the requested additional
information, and submitted a revised final application for adequacy
determination on April 27, 1995. Region I has reviewed Vermont's
revised application and has tentatively determined that all portions of
Vermont's MSWLF program meet all the requirements necessary to qualify
for full program approval and ensure compliance with the revised
Federal Criteria.
The public may submit written comments on EPA's tentative
determination until August 25, 1995. Copies of Vermont's application
are available for inspection and copying at the location indicated in
the ADDRESSES section of this notice.
The State of Vermont's Solid Waste Rules are performance based and
allow for adaptability in specifications while maintaining protection
of human health and the environment. The Vermont Municipal Solid Waste
Landfill Permitting Program generally reflects, but in some instances
is different from, the Federal Criteria. In those instances where the
program is different it is equivalent to the Federal Criteria and no
less stringent. The differences are found primarily in the parts
pertaining to groundwater and corrective action.
The Vermont permitting process relies heavily on site
characterization and groundwater protection strategy. Vermont has a
groundwater classification scheme which has not been fully implemented;
each proposed application, however, must identify the groundwater
classification of the proposed site and meet the siting restriction and
criteria for those conditions. In addition to the siting restrictions,
the approach taken by Vermont as their permitting program relates to
groundwater monitoring and corrective action has a pro-active
involvement by the Department of Environmental Conservation. The
Vermont approach goes directly from detection of a release into
corrective action, with the appropriate solution(s) determined by the
Department of Environmental Conservation based upon the information
reported by the owner/operator. The Vermont approach typically does not
implement assessment monitoring as a distinct step in evaluating a
release from a municipal solid waste landfill. Assessment monitoring is
generally included as a function of corrective action.
To ensure full compliance with the Federal Criteria, Vermont has
modified its current MSWLF permitting requirements by the adoption of
Procedures. The Procedures have incorporated those requirements from
the Federal Criteria not found in the State's existing MSWLF permitting
program and are applicable to all existing MSWLFs and to all MSWLF
permit applications. Vermont 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,
composite liner, earthen daily cover, existing MSWLF unit, final cover
system for lined landfills, final cover system for unlined landfills,
lateral expansion, municipal solid waste landfill unit, new MSWLF unit,
100-year flood, and washout.
2. Compliance with the new location restrictions of 40 CFR 258.10,
258.14, and 258.15, which pertain to airport safety, seismic impact
zones, and unstable areas.
3. Compliance with the new operating criteria of 40 CFR 258.20,
258.23, 258.26, 258.28, and 258.29 which pertain to procedures for
excluding the receipt of hazardous waste, explosive gases control, run-
on/run-off control
[[Page 38329]]
systems, liquids restrictions, and recordkeeping requirements.
4. Compliance with the design criteria of 40 CFR 258.40.
5. Compliance with the requirements of 40 CFR 258.50, 258.51,
258.53, 258.54, and 258.55 which pertain to groundwater monitoring and
the requirements of 40 CFR 258.56, 258.57, and 258.58 which pertain to
corrective action.
6. Compliance with the closure and post-closure criteria of 40 CFR
258.60 and 258.61.
7. Compliance with the financial assurance criteria of 40 CFR
258.73, which pertain to financial assurance for corrective action.
Vermont's Department of Environmental Conservation 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 Title
10 of the Vermont Statutes Annotated (V.S.A.) Chapters 159, 201 and
211, and 4 V.S.A. Chapter 27. The State of Vermont 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.
EPA will consider all public comments on its tentative
determination received during the public comment period and during any
public hearing held. Issues raised by those comments may be the basis
for a determination of inadequacy for Vermont's program. EPA will make
a final decision on approval of the State of Vermont's program and will
give notice of the final determination in the Federal Register. The
notice shall include a summary of the reasons for the final
determination and a response to all significant comments.
Section 4005(a) of RCRA, 42 U.S.C. 6945(a), provides that citizens
may use the citizen suit provisions of section 7002 of RCRA, 42 U.S.C.
6972, to enforce the Federal 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).
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 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. 6945.
Dated: July 17, 1995.
John P. DeVillars,
Regional Administrator.
[FR Doc. 95-18375 Filed 7-25-95; 8:45 am]
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