[Federal Register Volume 59, Number 181 (Tuesday, September 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23240]
[[Page Unknown]]
[Federal Register: September 20, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5074-7]
New Mexico; Adequacy Determination of State/Tribal Municipal
Solid Waste Permit Program
AGENCY: Environmental Protection Agency.
ACTION: Notice of tentative determination on application of New Mexico
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, 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 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 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 State/Tribes with
approved permit programs can use the site-specific flexibility provided
by 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 will apply to all permitted and unpermitted MSWLF facilities.
On July 20, 1994, New Mexico applied for a determination of
adequacy under section 4005 of RCRA. EPA has reviewed New Mexico's
MSWLF application and has made a tentative determination that all
portions of New Mexico's MSWLF permit program are adequate to assure
compliance with the revised MSWLF Criteria. New Mexico's application
for program adequacy determination is available for public review and
comment.
Although RCRA does not require EPA to hold a public hearing on a
determination to approve any State/Tribe's MSWLF program, the Region
has scheduled a public hearing on this determination and will hold the
hearing if a sufficient number of people express interest in
participating in the hearing by writing the Region or calling the
contact given below within 30 days of the date of publication of this
notice. If a public hearing is held, it will take place on the date
given below in the ``DATES'' section. The Region will notify all
persons 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 person listed in the ``CONTACTS'' section
below.
DATES: All comments on New Mexico's application for a determination of
adequacy must be received by the close of business on October 20, 1994.
If a public hearing is held, it will be scheduled for November 4, 1994
in Santa Fe, New Mexico. State of New Mexico officials will participate
in the hearing, if held by EPA.
ADDRESSES: Copies of New Mexico's application for adequacy
determination are available during normal business hours for inspection
and copying at the following addresses: New Mexico Environment
Department, 1190 St. Francis Drive, Santa Fe, New Mexico, Mr. Gerald
Silva, 505-827-2775; USEPA Region 6 Library, 1445 Ross Avenue, Dallas,
Texas, Becky Weber, 214-665-6760. Written comments should be sent to
USEPA Region 6, Becky Weber (6H-HW), 1445 Ross Avenue, Dallas, Texas
75202-2733.
FOR FURTHER INFORMATION CONTACT: Becky Weber, USEPA Region 6, 1445 Ross
Avenue, Dallas, Texas 75202-2733, 214-665-6760.
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 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. 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.
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 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 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, 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.
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 State/Tribal Implementation Rule. 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 New Mexico
On July 20, 1994, New Mexico submitted an application for adequacy
determination. EPA has reviewed New Mexico's application and has
tentatively determined that all portions of New Mexico's Subtitle D
program will ensure compliance with the revised Federal Criteria.
On July 8, 1994, the Solid Waste Management Regulations (EIB/SWMR-
4) were adopted by the Environmental Improvement Board. As required by
the New Mexico State Rules Act, NMSA 1978, Section 14-4-5 (1988 Repl.
Pamp.), EIB/SWMR-4 was filed with the New Mexico State Records Center
and Archives on July 18, 1994, and will be in effect thirty days after
filing or August 17, 1994. NMSA 1978, Section 74-1-9.G. EIB/SWMR-4 was
scheduled to be published in the New Mexico Register on July 30, 1994.
EPA has tentatively determined that New Mexico's application is
consistent with the Federal Criteria and will make a final
determination of adequacy after the amended regulations become
effective.
The public may submit written comments on EPA's tentative
determination until October 20, 1994. Copies of New Mexico's
application are available for inspection and copying at the location
indicated in the ``ADDRESSES'' section of this notice. If there is
sufficient public interest, the Agency will hold a public hearing on
its tentative determination on November 4, 1994 at 10 a.m. at the New
Mexico Environment Department in Santa Fe, New Mexico. Comments can be
submitted as transcribed from the discussion of the hearing or in
writing at the time of the hearing.
EPA will consider all public comments on its tentative
determination received during the public comment period and during the
public hearing, if held. Issues raised by those comments may be the
basis for a determination of inadequacy for New Mexico's program. EPA's
final determination notice will include a summary of the reasons for
the final determination and a response to all major comments.
New Mexico's solid waste program is not enforceable on Indian
lands.
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).
Compliance With Executive Order 12866
The Office of Management and Budget has exempted this rule 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 rule, 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. 6946.
Joe D. Winkle,
Acting Regional Administrator.
[FR Doc. 94-23240 Filed 9-19-94; 8:45 am]
BILLING CODE 6560-50-F
