[Federal Register Volume 59, Number 178 (Thursday, September 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-22854]
[[Page Unknown]]
[Federal Register: September 15, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5072-5]
Arizona: Adequacy Determination of State Municipal Solid Waste
Permit Program
AGENCY: Environmental Protection Agency.
ACTION: Notice of Tentative Determination on Application of Arizona for
Full Program Adequacy Determination, 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 regulatory 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 regulatory
programs for MSWLFs.
Approved state MSWLF programs provide interaction between the State
and MSWLFs owners and operators regarding site-specific approval
conditions. Only owners or operators located in States with approved
programs can use the site-specific flexibility provided by 40 CFR Part
258 to the extent the state program allows such flexibility. EPA notes
that regardless of the approval status of a State program or of any
individual MSWLF facility, the federal MSWLF criteria will apply to all
MSWLF facilities.
Arizona applied for a determination of adequacy under Section 4005
of RCRA. EPA has reviewed Arizona's application and is issuing for
public comment a tentative determination that Arizona's regulatory
program is adequate to ensure compliance with the revised MSWLF
criteria.
Although RCRA does not require EPA to hold a public hearing on any
determination to approve a State's MSWLF program, EPA Region IX has
tentatively scheduled a public hearing on this determination. If a
sufficient number of parties express interest in participating in a
hearing by writing or calling the EPA Region IX contact given below
within 30 days of the date of publication of this notice, EPA Region IX
will hold a hearing on the date given below in the section entitled
DATES. EPA Region IX will notify all persons who express such interest
or who submit comments on this notice if it decides to hold the
hearing. In addition, anyone who wishes to learn whether the hearing
will be held may call the contact listed below in the section entitled
FOR FURTHER INFORMATION. Representatives from the Arizona Department of
Environmental Quality will participate in the public hearing on this
subject, if one is held.
DATES: All comments on Arizona's application for a determination of
adequacy must be received by U.S. EPA by the close of business on
November 7, 1994. EPA Region IX has tentatively scheduled a public
hearing for October 28, 1994.
ADDRESSES: Copies of Arizona's application for adequacy determination
are available during the hours of 9 a.m. to 4:30 p.m. at the following
addresses for inspection and copying: Arizona Department of
Environmental Quality, Program Development and Recycling Unit, 5th
floor, 3033 North Central Avenue, Phoenix, Arizona 85012; or U.S. EPA
Region IX Library, 75 Hawthorne Street, 13th floor, San Francisco,
California 94105, phone (415) 744-1510. Written comments should be sent
to Arthur Haubenstock, mail code RC-3-3, EPA Region IX, 75 Hawthorne
Street, San Francisco, California 94105.
FOR FURTHER INFORMATION CONTACT: EPA Region IX, 75 Hawthorne Street,
San Francisco, California, 94105. Attn: Arthur Haubenstock, mail code
RC-3-3, phone (415) 744-1355.
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 regulatory programs to ensure that MSWLFs comply with
the federal criteria under 40 CFR Part 258. Section 4005 of RCRA, 42
U.S.C. 6945, also requires that EPA determine the adequacy of state
MSWLF 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 Tribe landfill regulatory
programs.
EPA has approved, and will continue to approve, State MSWLF
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'' regulatory 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 facility approval 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.
B. State of Arizona
On May 6, 1994, Arizona submitted an application for program
adequacy determination. EPA Region IX reviewed Arizona's application
and tentatively determined that all portions ensure compliance with the
revised federal criteria. The State of Arizona has the authority to
enforce the requirements of the revised federal MSWLF criteria at all
MSWLFs in the State, with the exception of those located on tribal
lands. EPA proposes to fully approve Arizona's MSWLF program.
The public may submit written comments on EPA's tentative
determination until November 7, 1994. Copies of Arizona's application
are available for inspection and copying at the location indicated in
the section of this notice entitled ADDRESSES. If there is sufficient
public interest, the Agency will hold a public hearing on October 28 at
3 p.m. at Arizona Department of Environmental Quality, Public Meeting
Room (South Mall area), 3033 North Central Avenue, Phoenix, Arizona.
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 Arizona's program. EPA will make
a final decision on whether or not to approve Arizona's program and
will give notice of it in the Federal Register. The notice will include
a summary of the reasons for the final determination and a response to
all major comments.
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).
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 Sections 2002, 4005
and 4010(c) of the Solid Waste Disposal Act, as amended, 42 U.S.C.
6912, 6945, 6949a(c).
Dated: September 6, 1994.
John C. Wise
Acting Regional Administrator.
[FR Doc. 94-22854 Filed 9-14-94; 8:45 am]
BILLING CODE 6560-50-P
