[Federal Register Volume 62, Number 145 (Tuesday, July 29, 1997)]
[Proposed Rules]
[Pages 40714-40716]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-19941]
Federal Register / Vol. 62, No. 145 / Tuesday, July 29, 1997 /
Proposed Rules
[[Page 40714]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 258
[F-97-FLXP-FFFFF-5865-4]
RIN 2050-AE24
Revisions to Criteria for Municipal Solid Waste Landfills
AGENCY: Environmental Protection Agency.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Land Disposal Program Flexibility Act of 1996 (LDPFA)
directed the Administrator of the U.S. Environmental Protection Agency
(EPA) to provide additional flexibility to the Director of Approved
States for the owners and operators of landfills that receive 20 tons
or less of municipal solid waste per day. The additional flexibility
pertains to alternative frequencies of daily cover, frequencies of
methane monitoring, infiltration layers for final cover, and means for
demonstrating financial assurance. The additional flexibility will
allow the owners and operators of small municipal solid waste landfills
(MSWLFs) the opportunity to reduce the cost of MSWLF operation while
still protecting human health and the environment. This proposal
recognizes, as did Congress in enacting LDPFA, that these decisions are
best made at the State and local level and, therefore, offers this
flexibility to approved States.
In the final rules Section of today's Federal Register, EPA is
promulgating this amendment as a final rule without prior proposal
because EPA views this as a noncontroversial action that in effect,
codifies a legislative directive. Thus, we anticipate no adverse
comments. A detailed rationale for the amendment is set forth in the
preamble to the direct final rule. If no adverse comments are received
in response to this proposal, no further activity is contemplated
regarding this proposed rule. If EPA receives adverse comments, EPA
will withdraw the final rule and all public comments received will be
addressed in a subsequent final rule based on the proposed rule. EPA
will not institute a second comment period on this action.
DATES: Comments on this proposed rule must be received on or before
August 28, 1997. An adverse comment will be considered to be any
comment substantively criticizing the proposal on a basis not already
provided to EPA in comment.
ADDRESSES: Commenters must send an original and two copies of their
comments referencing docket number F-97-FLXP-FFFFF to: RCRA Docket
Information Center, Office of Solid Waste (5305G), U.S. Environmental
Protection Agency Headquarters (EPA, HQ), 401 M Street, SW, Washington,
DC 20460. Hand deliveries of comments should be made to the Arlington,
VA, address below. Comments may also be submitted electronically
through the Internet to: rcra-docket@epamail.epa.gov. Comments in
electronic format should also be identified by the docket number F-97-
FLXP-FFFFF. All electronic comments must be submitted as an ASCII file
avoiding the use of special characters and any form of encryption.
Commenters should not submit electronically any confidential business
information (CBI). An original and two copies of CBI must be submitted
under separate cover to: RCRA CBI Document Control Officer, Office of
Solid Waste (5305W), U.S. EPA, 401 M Street, SW, Washington, DC 20460.
Public comments and supporting materials are available for viewing
in the RCRA Information Center (RIC), located at Crystal Gateway I,
First Floor, 1235 Jefferson Davis Highway, Arlington, VA. The RIC is
open from 9 a.m. to 4 p.m., Monday through Friday, excluding federal
holidays. To review docket materials, it is recommended that the public
make an appointment by calling 703 603-9230. The public may copy a
maximum of 100 pages from any regulatory docket at no charge.
Additional copies cost $0.15/page. The index and some supporting
materials are available electronically. See the Supplementary
Information section for information on accessing them.
FOR FURTHER INFORMATION CONTACT: For general information, contact the
RCRA Hotline at 800 424-9346 or TDD 800 553-7672 (hearing impaired). In
the Washington, DC, metropolitan area, call 703 412-9810 or TDD 703
412-3323.
For more detailed information on specific aspects of this
rulemaking, contact Mr. Allen J. Geswein, U. S. Environmental
Protection Agency, Office of Solid Waste (5306W), 401 M Street, SW,
Washington, DC 20460, 703 308-7261, [GESWEIN.ALLEN @EPAMAIL.EPA.GOV].
SUPPLEMENTARY INFORMATION: The index and the following supporting
materials are available on the Internet:
Memorandum to: RCRA Docket
From: Allen J. Geswein, Environmental Engineer
Subject: Daily Cover Requirements for MSWLFs
Memorandum to: RCRA Docket
From: Allen J. Geswein, Environmental Engineer
Subject: Landfill Gas Monitoring Requirements for MSWLFs
Memorandum to: RCRA Docket
From: Allen J. Geswein, Environmental Engineer
Subject: Infiltration Layer Requirements for MSWLFs
Memorandum to: RCRA Docket
From: Allen J. Geswein, Environmental Engineer
Subject: Financial Assurance Requirements for MSWLFs
Follow these instructions to access the information electronically:
WWW: http://www.epa.gov/epaoswer/nonhazardous waste
FTP: ftp.epa.gov
Login: anonymous
Password: your Internet address
Files are located in /pub/gopher/OSWRCRA.
The official record for this action will be kept in paper form.
Accordingly, EPA will transfer all comments received electronically
into paper form and place them in the official record, which will also
include all comments submitted directly in writing. The official record
is the paper record maintained at the address in ADDRESSES at the
beginning of this document.
EPA responses to comments, whether the comments are written or
electronic, will be in a notice in the Federal Register or in a
response to comments document placed in the official record for this
rulemaking. EPA will not immediately reply to commenters electronically
other than to seek clarification of electronic comments that may be
garbled in transmission or during conversion to paper form, as
discussed above.
Regulated Entities
Entities potentially regulated by this action are public or private
owners or operators of municipal solid waste landfills (MSWLFs) that
dispose of 20 tons or less of municipal solid waste per day, based on
an annual average. Regulated categories and entities include:
[[Page 40715]]
----------------------------------------------------------------------------------------------------------------
Category Examples of regulated entities
----------------------------------------------------------------------------------------------------------------
Industry.................................... Owners or operators of small MSWLFs
Municipal Governments....................... Owners or operators of small MSWLFs
----------------------------------------------------------------------------------------------------------------
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. This table lists the types of entities the EPA is now aware
could potentially be regulated by this action. Other types of entities
not listed in the table could also be regulated. To determine whether
your facility would be regulated by this action, you should carefully
examine the applicability criteria in the proposal. If you have
questions regarding the applicability of this action to a particular
facility, consult the person listed in the preceding FOR FURTHER
INFORMATION CONTACT section.
Preamble Outline
I. Authority
II. Background
III. Additional Information
IV. Consideration of Issues Related to Environmental Justice
V. Impact Analysis
A. Executive Order 12866
B. Regulatory Flexibility Act
C. Paperwork Reduction Act
D. Executive Order 12875
E. Unfunded Mandates
I. Authority
The Agency is proposing these regulations under the authority of
sections 1008(a)(3), 2002(a), 4004(a), and 4010(c) of the Resource
Conservation and Recovery Act (RCRA), as amended, 42 U.S.C. 6907(a)(3),
6912(a), 6944(a), and 6949a(c).
II. Background
As set out in detail in the related direct final rule, EPA is
proposing to issue rules that grant the Director of an Approved State
the flexibility to establish alternative requirements for certain
criteria for small MSWLFs. EPA is promulgating revisions to existing
criteria which would allow a Director of an Approved State, after
public review and comment, to establish for small MSWLFs, alternative
frequencies of daily cover application, frequencies of methane gas
monitoring, and infiltration layers for final cover. Alternative means
for demonstrating financial assurance for small MSWLFs are also
discussed in the related direct final rule. When establishing these
alternative requirements, the Director of an Approved State must, after
public review and comment, consider the unique characteristics of small
communities, take into account climatic and hydrogeologic conditions,
and ensure that any alternative standard is protective of human health
and the environment.
III. Additional Information
For additional information, see the corresponding direct final rule
published in the final rules section of this Federal Register. All
persons who may wish to comment should review the preamble discussion
in the direct final rule Federal Register notice.
IV. Consideration of Issues Related to Environmental Justice
EPA is committed to addressing environmental justice concerns and
is assuming a leadership role in environmental justice initiatives to
enhance environmental quality for all residents of the United States.
The Agency's goals are to ensure that no segment of the population,
regardless of race, color, national origin, or income bears
disproportionately high and adverse human health and environmental
effects as a result of EPA's policies, programs, and activities, and
all people live in clean and sustainable communities.
The Agency does not currently have data on the demographics of
populations surrounding the small MSWLFs affected by today's rule. The
Agency does not believe, however, that today's rule granting additional
flexibility to owners and operators of small MSWLFs will have a
disproportionately high and adverse environmental or economic impact on
any minority or low-income group, or on any other type of affected
community. In addition, any minority group or low-income group affected
by alternative requirements will have an opportunity to review and
comment on the alternative requirement proposed by the Director of the
Approved State prior to its implementation. The Agency believes that
this rulemaking will enable some minority and/or low-income communities
to continue to be served by a local landfill at the lowest possible
cost to residents, including minority and low income residents.
V. Impact Analysis
A. Executive Order 12866
Under Executive Order 12866, EPA must determine whether a
regulatory action is significant and therefore subject to OMB review
and the other provisions of the Executive Order. A significant
regulatory action is defined by Executive Order 12866 as one that may:
(1) Have an annual effect on the economy of $100 million or more
or adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities;
(2) Create a serious inconsistency or otherwise interfere with
an action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements,
grants, user fees, or loan programs or rights and obligations or
recipients thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
Executive Order 12866.
The Agency believes that this proposed rule does not meet the
definition of a major regulation because it does not have an annual
effect on the economy of $100 million or more; nor does the rule fall
within the other definitional criteria for a significant regulation
described above. The proposed rule is deregulatory and will result in
requirements applicable to specific MSWLFs that are protective of human
health and the environment at a lower cost than would be the case
without the additional flexibility afforded by these amendments. For
this reason, the Agency is not conducting a Regulatory Impact Analysis.
B. Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.), as amended
by the Small Business Regulatory Enforcement Fairness Act of 1996
(SBREFA), generally requires an agency to prepare, and make available
for public comment, a regulatory flexibility analysis that describes
the impact of a proposed or final rule on small entities (i.e., small
businesses, small organizations, and small governmental jurisdictions).
However, no regulatory flexibility analysis is required if the head of
an agency certifies the rule will not have a significant adverse impact
on a substantial number of small entities.
SBREFA amended the Regulatory Flexibility Act to require Federal
agencies to provide a statement of the factual basis for certifying
that a rule will not have a significant economic impact on a
substantial number of small
[[Page 40716]]
entities. The following discussion explains EPA's determination.
Implementation of the various requirements imposes increased costs
on small MSWLFs and the small communities, including Tribes, that they
serve. MSWLFs that dispose of 20 TPD of waste generally serve
populations of 10,000 persons or less (based on a waste generation rate
of 4 pounds per person per day). Because these owners/operators may
lack practicable solid waste management alternatives, such as the
option of joining regional waste management systems, these communities
may have been required to absorb higher than necessary costs of
compliance in the absence of the additional flexibility afforded by
today's proposed rule.
The effect of this proposed rule is to provide small entities with
additional flexibility to meet the requirements of Part 258. The
proposal would not impose any new burdens on small entities. Therefore,
pursuant to 5 U.S.C. 605(b), I certify that this proposed rule would
not have a significant adverse impact on a substantial number of small
entities. This proposed rule, therefore, does not require a regulatory
flexibility analysis.
C. Paperwork Reduction Act
The Agency has determined that there are no new reporting,
notification, or recordkeeping provisions associated with today's
proposed rule.
D. Executive Order 12875
Under Executive Order 12875, Federal agencies are charged with
enhancing intergovernmental partnerships by allowing State and local
governments the flexibility to design solutions to problems the
citizenry is facing. Executive Order 12875 calls on Federal agencies to
either pay the direct costs of complying with Federal mandates or to
consult with representatives of State, local, or tribal governments
prior to formal promulgation of the requirement. The Executive Order
also relates to increasing flexibility for State, Tribal, and local
governments through waivers. Today's proposed rule grants additional
flexibility in complying with the MSWLF criteria, does not impose
unfunded federal mandates on State, Tribal, and local governments, and
is being undertaken to ensure that EPA is providing maximum flexibility
to States, Tribes, and local governments. Additionally, the Agency has
maintained dialog with States, Tribes, and local governments regarding
ways of ensuring appropriate flexibility while maintaining protection
of human health and the environment for small MSWLFs. Therefore, the
Agency believes that this consultation with States, Tribes, and local
governments, in addition to the public comment period provided in the
proposed rules Section of today's Federal Register, satisfies the
requirement of this Executive Order.
E. Unfunded Mandates
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of regulatory actions on State, local, and Tribal governments,
and the private sector. Under section 202 of the UMRA, EPA generally
must prepare a written statement, including a cost-benefit analysis,
for proposed and final rules with ``Federal mandates'' that may result
in expenditures to State, local, and tribal governments, in the
aggregate, or to the private sector, of $100 million or more in any one
year. Before promulgating an EPA rule for which a written statement is
needed, section 205 of the UMRA generally requires EPA to identify and
consider a reasonable number of alternatives and adopt the least
costly, most cost effective or least burdensome alternative that
achieves the objective of the rule. The provisions of section 205 do
not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of EPA regulatory proposals with significant
Federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements.
EPA has determined that this proposed rule does not include a
Federal mandate that may result in estimated costs of $100 million or
more to either State, local, or tribal governments in the aggregate, or
to the private sector. In fact, today's proposed rule provides States
with additional flexibility that would lower the cost of compliance
with the Criteria for Municipal Solid Waste Landfills. In accordance
with section 203, EPA has shared this proposal with State governments
and asked for comment.
List of Subjects in 40 CFR Part 258
Environmental protection, Reporting and recordkeeping requirements,
Waste treatment and disposal.
Dated: July 23, 1997.
Carol M. Browner,
Administrator.
[FR Doc. 97-19941 Filed 7-28-97; 8:45 am]
BILLING CODE 6560-50-U
