[Federal Register Volume 59, Number 1 (Monday, January 3, 1994)]
[Notices]
[Pages 86-87]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 93-32062]
[[Page Unknown]]
[Federal Register: January 3, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-4821-1]
Illinois: Final Determination of Adequacy of State Municipal
Solid Waste Permit Program
AGENCY: Environmental Protection Agency.
ACTION: Notice of final determination of full program adequacy for
Illinois' application.
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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 (USEPA) to determine whether States have adequate ``permit''
programs for MSWLFs, but does not mandate issuance of a rule for such
determinations. The USEPA has drafted and is in the process of
proposing a State/Tribal Implementation Rule (STIR) that will provide
procedures by which the USEPA 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 are an important benefit. Approved State/Tribal permit
programs provide 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 flexibility provided by 40 CFR part 258 to the
extent the State/Tribal permit program allows such flexibility. The
USEPA notes that regardless of the approval status of a State/Tribe and
the permit status of any facility, the revised Federal Criteria will
apply to all permitted and unpermitted MSWLF facilities.
Illinois applied for a determination of adequacy under section 4005
of RCRA. The USEPA reviewed Illinois' application and tentatively
determined that Illinois' permit program is adequate to ensure
compliance with the revised Federal MSWLF Criteria. After consideration
of all comments received, the USEPA is today issuing a final
determination that the State's program is adequate.
EFFECTIVE DATE: The determination of adequacy for Illinois shall be
effective on January 3, 1994.
FOR FURTHER INFORMATION CONTACT:
USEPA Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604,
Attn: Mr. Andrew Tschampa, mailcode HRP-8J, telephone (312) 886-0976.
SUPPLEMENTARY INFORMATION:
A. Background
On October 9, 1991, the USEPA promulgated revised Federal MSWLF
Criteria (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
revised Federal Criteria. Subtitle D also requires in section 4005 that
the USEPA 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 USEPA intends to approve State/Tribal MSWLF permit programs
prior to promulgation of STIR. The USEPA 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 the revised Federal
Criteria. Second, 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. Third, the State/Tribe must also provide for
public participation in permit issuance and enforcement as required in
section 7004(b) of RCRA. Fourth, the USEPA 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 permit program.
The USEPA Regional offices will determine whether a State/Tribe has
submitted an ``adequate'' program based on the interpretation outlined
above. The USEPA plans to provide more specific criteria for this
evaluation when it proposes the STIR. The USEPA expects States/Tribes
to meet all of these requirements for all elements of a MSWLF permit
program before it grants full approval to a program.
B. State of Illinois
On March 31, 1993, Illinois submitted an application to obtain an
adequacy determination for the State's municipal solid waste landfill
permit program. On October 20, 1993, the USEPA published a tentative
determination of adequacy for all portions of Illinois program. Further
background information on the tentative determination of adequacy
appears in 58 FR 54145, October 20, 1993. The combination of the
State's existing permit program, the incorporation of certain portions
of the revised Federal Criteria, and the interim period of IEPA
enforcement created by Public Law 88-496, will ensure full compliance
with all of the revised Federal Criteria. In its application, Illinois
demonstrated that the State's permit program adequately meets the
location restrictions, operating criteria, design criteria, groundwater
monitoring and corrective action requirements, closure and post-closure
care requirements, and financial assurance criteria in the revised
Federal Criteria.
In addition, Illinois demonstrated that the State's MSWLF permit
program has the authority to issue permits incorporating the
requirements of the revised Federal Criteria for all MSWLFs in the
State. The USEPA determined that the Illinois' permit program contains
provisions for public participation, compliance monitoring, and
enforcement.
The revised Federal Criteria that is incorporated into the Illinois
permit program will eventually be replaced by equivalent regulations
developed by the Illinois Pollution Control Board (IPCB). As previously
discussed in 58 FR 54145, October 20, 1993, the USEPA has received the
proposed IPCB regulations. The USEPA started its review and had
submitted comments to the IPCB. The IPCB has indicated that it will
issue revised regulations in December 1993. The USEPA will continue its
review when it receives the revised regulations.
Along with the tentative determination, the USEPA announced the
availability of the application for public comment and the date of a
public hearing on the application. The public hearing was held at the
USEPA Region 5 office in Chicago, Illinois, on November 29, 1993.
The USEPA received public comment concerning the tentative
determination of full program adequacy for Illinois' MSWLF permit
program. One commenter asked whether the regulatory flexibility found
in 40 CFR 258.50(b) would be utilized by the State. In the application,
Illinois indicated that the Illinois rules do not provide for
suspension of groundwater monitoring requirements by the Agency.
However, an operator may petition the IPCB for an adjusted standard
from the regulations of general applicability. In granting an adjusted
standard from groundwater monitoring requirements, the IPCB may
consider contaminant, fate, and transport requirements, as well as
other factors deemed relevant. An adjusted standard must be justified
and consistent with applicable Federal law, and it cannot result in
environmental or health effects significantly more adverse than those
considered by the IPCB in general rulemaking.
C. Decision
After reviewing the public comment, I conclude that Illinois'
application for adequacy determination meets all of the statutory and
regulatory requirements established by RCRA. Accordingly, Illinois 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 provision of section 7002 of RCRA to enforce the revised Federal
Criteria independent of any State/Tribal enforcement program. As the
USEPA explained in the preamble to the revised Federal Criteria, the
USEPA expects that any owner or operator complying with provisions in a
State/Tribal program approved by the USEPA 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. The USEPA
believes it has good cause under section 553(d) of the Administrative
Procedures 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 program are already in
effect as a matter of State law. The USEPA's action today does not
impose any new requirements that the regulated community must begin to
comply with. Nor do these requirements become enforceable by the USEPA
as Federal law. Consequently, the USEPA 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
4005 of the Solid Waste Disposal Act as amended; 42 U.S.C. 6946.
Dated: December 20, 1993.
Valdus V. Adamkus,
Regional Administrator.
[FR Doc. 93-32062 Filed 12-30-93; 8:45 am]
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