[Federal Register Volume 59, Number 157 (Tuesday, August 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20041]
[[Page Unknown]]
[Federal Register: August 16, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5052-9]
Oklahoma; Amended Final Determination of Adequacy of State
Municipal Solid Waste Permit Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of Final Determination on Application of Oklahoma for
Full Program Adequacy Determination.
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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)
that may receive hazardous household waste or small quantity generator
waste will comply with the revised Federal MSWLF Criteria (40 CFR Part
258). 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 40 CFR 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.
On August 10, 1993, Oklahoma applied for a determination of
adequacy under Section 4005 of RCRA. After review, publication and
consideration of all public comments, EPA temporarily approved
Oklahoma's Municipal Solid Waste Landfill Permitting program on
December 28, 1993 (58 FR 68643, 68644) good through June 30, 1994
allowing Oklahoma time to promulgate permanent rules. On June 20, 1994,
the State of Oklahoma submitted permanent rules which were approved by
the Governor on May 3, 1994 and became effective July 1, 1994. Today,
EPA is issuing an amended final determination that the State's rules
are permanent and Oklahoma's Municipal Solid Waste program is adequate
to meet the requirements of 40 CFR Part 258.
EFFECTIVE DATE: This amended determination of adequacy for Oklahoma
shall be effective on August 16, 1994.
FOR FURTHER INFORMATION CONTACT: Becky Weber, Chief, Solid Waste
Section, US EPA Region 6, Dallas, Texas 75202; (214) 655-6760.
SUPPLEMENTARY INFORMATION:
A. Background
On August 10, 1993, Oklahoma submitted an application for adequacy
determination for Oklahoma's municipal solid waste landfill permit
program. This application included temporary solid waste rules which
expired on June 30, 1994. On September 16, 1993, EPA published a
tentative determination of adequacy for all portions of Oklahoma's
program at 58 FR 48516, 48518. On December 28, 1993, after review and
consideration of all public comments, EPA published a final
determination for full program adequacy at 58 FR 68643, 68644 which
expired June 30, 1994. On March 23, 1994, the Oklahoma Department of
Environmental Quality board adopted revised solid waste regulations.
These new regulations were signed on May 3, 1994 by the Governor of
Oklahoma. Since the Legislature of the State of Oklahoma did not act to
change these regulations on or before May 17, 1994, the permanent
regulations are effective automatically on July 1, 1994.
B. Decision
EPA has reviewed the minor changes made to the Oklahoma Solid Waste
Regulations by the Department of Environmental Quality Board on March
23, 1994. EPA has found no substantial changes from the rules approved
on December 28, 1994 that affect Oklahoma's ability to adequately
conduct the permitting and enforcement of Subtitle D of the Resource
Conservation and Recovery Act (RCRA) on Municipal Solid Waste Landfills
in the State of Oklahoma, therefore, EPA concludes that Oklahoma's
application for adequacy determination meets all of the statutory and
regulatory requirements established by RCRA. Accordingly, Oklahoma is
granted a determination of adequacy for all portions of its municipal
solid waste 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 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).
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/Tribe's program are already
in effect as a matter of State/Tribal law. EPA's action today does not
impose any new compliance requirements on the regulated community. 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 notice, therefore, does not require a
regulatory flexibility analysis.
Authority:
This notice is issued under the authority of Section 2002, 4005,
4006, and 4010(c) of the Solid Waste Disposal Act, as amended.
A.M. Davis,
Acting Regional Administrator.
[FR Doc. 94-20041 Filed 8-15-94; 8:45 am]
BILLING CODE 6560-50-P
