[Federal Register Volume 59, Number 56 (Wednesday, March 23, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6829]
[[Page Unknown]]
[Federal Register: March 23, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-4853-9]
The Commonwealth of Puerto Rico; Adequacy Determination of State
Municipal Solid Waste Permit Program
AGENCY: Environmental Protection Agency.
ACTION: Notice of Tentative Determination on Application of the
Commonwealth of Puerto Rico 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 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/Tribe 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
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 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.
The Commonwealth of Puerto Rico applied for a determination of
adequacy under section 4005 of RCRA. EPA reviewed Puerto Rico's MSWLF
application and certain revisions thereto, and made a tentative
determination that all portions of Puerto Rico's MSWLF permit program
are adequate to assure compliance with the revised Federal Criteria.
Puerto Rico's application for program adequacy determination and its
revisions are available for public review and comment.
Although RCRA does not require EPA to hold a hearing on any
determination to approve a State/Tribe's MSWLF program, the Region has
scheduled four public hearings on this tentative determination. Details
appear below in the DATES section.
DATES: All comments on Puerto Rico's application for a determination of
adequacy must be received by the close of business on May 12, 1994.
Two public hearings will be held at the Solid Waste Management
Authority in Hato Rey, Puerto Rico on May 11, 1994. The first hearing
will begin at 1 p.m. and the second hearing will begin at 7 p.m. Two
additional hearings will be held at the Mayaguez City Hall in Mayaguez,
Puerto Rico on May 12, 1994. The first hearing in Mayaguez will begin
at 1 p.m. and the second hearing will begin at 7 p.m. Puerto Rico will
participate in the public hearings held by EPA on this subject.
ADDRESSES: Copies of Puerto Rico's application for adequacy are
available between 8:30 a.m. and 5 p.m. at the following two addresses
for inspection and copying: U.S. EPA Region II Library, 26 Federal
Plaza, room 402, New York, New York, 10278, telephone (212) 264-2881,
and U.S. EPA Caribbean Field Office, 1413 Fernandez Juncos Avenue,
Office 2A, Santurce, Puerto Rico, 00909, telephone (809) 729-6922
extension 222. Written comments should be sent to Carl-Axel P.
Soderberg, Director, USEPA-Region II, Caribbean Field Office, 1413
Fernandez Juncos Avenue, Santurce, Puerto Rico, 00909. The public
hearings on May 11, 1994, will be held at the Solid Waste Management
Authority, 268 Ponce De Leon Avenue, Puerto Rico Home Mortgage
Building, 6th Floor, Hato Rey, Puerto Rico. The public hearings on May
12, 1994, will be held at Mayaguez City Hall, Peral Street at the
corner of McKinley in front of Plaza de Colon, Mayaguez, Puerto Rico.
FOR FURTHER INFORMATION CONTACT: Jenine Tankoos, U.S. EPA Region II,
Mail Stop 2AWM, room 1006, 26 Federal Plaza, New York, New York, 10278,
telephone (212) 264-1369.
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 that State municipal solid waste landfill permit programs
are adequate to 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 or 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
expects States/Tribes to meet all of these requirement for all elements
of a MSWLF program before it gives full approval to a MSWLF program.
B. Commonwealth of Puerto Rico
On October 8, 1993, the Commonwealth of Puerto Rico submitted an
application for adequacy determination. On February 17, 1994, Puerto
Rico made a revised submission. EPA reviewed Puerto Rico's application
and the revised submission, and tentatively determined that all
portions of Puerto Rico's Subtitle D program are adequate to provide
compliance with the revised Federal Criteria.
On October 4, 1993, Puerto Rico, acting through its Environmental
Quality Board, adopted comprehensive, revised regulations governing
solid waste disposal. These regulations are closely patterned after the
40 CFR part 258 Federal Criteria. Certain technical and clarifying
amendments have subsequently been considered by the Board and are
expected to be adopted within the next several months. The purpose of
the revised solid waste regulation and the amendments thereto are to
bring Puerto Rico regulations into full conformity with 40 CFR part 258
Federal Criteria. EPA has reviewed Puerto Rico's revised regulation and
the technical and clarifying amendments thereto, described above, and
has made a preliminary determination that their provisions are adequate
to meet part 258 criteria.
The Puerto Rico Environmental Quality Board has responsibility for
implementing and enforcing solid waste management regulations,
including a permit program, inspection authority and enforcement
activities. In its application, Puerto Rico states that adequate
technical, support, and legal personnel will be assigned to implement
its permit program. In addition to identifying the individuals and
offices that will be assigned to this effort, Puerto Rico has
specifically assigned a complement of attorneys from the Environmental
Quality Board to assist in the regulatory enforcement process. Puerto
Rico has determined that at present there are 61 landfills throughout
the Commonwealth, of which 31 will have stopped receiving waste by
April 9, 1994 and will close in direct response to part 258
requirements. Thirty landfills will remain open after April 9, 1994, of
which 19 will be closed over the next 5 to 7 years, and 11 regional
landfills will thereafter remain open. In recognition of the need to
revise existing landfill permits to reflect the revised regulation and
part 258 criteria, Puerto Rico plans to modify existing operating
permits within the next two years for the 30 landfills that will remain
open after April 9, 1994. Each modified operating permit will contain
compliance provisions that will bring full compliance with the revised
regulation and part 258 within a year's time.
The EPA will hold four public hearings on its tentative decision.
Two hearings will be held on May 11, 1994 at the Solid Waste Management
Authority in Hato Rey, Puerto Rico. Two additional hearings will be
held on May 12, 1994 at the Mayaguez City Hall in Mayaguez, Puerto
Rico. On each of these dates, the first hearing will begin at 1 p.m.
and the second hearing will begin at 7 p.m. Comments can be submitted
orally at the hearing or in writing at the time of the hearing. The
public may also submit written comments on EPA's tentative
determination to the location indicated in the ADDRESSES section of
this notice until May 12, 1994. Copies of Puerto Rico's application are
available for inspection and copying at the locations indicated in the
ADDRESSES section of this notice.
EPA will consider all public comments on its tentative
determination received during the public comment period and during each
public hearing. Issues raised by those comments may be the basis for a
determination of inadequacy for Puerto Rico's program. EPA expects to
make a final decision on whether or not to approve Puerto Rico's
program by June 24, 1994 and will give notice of it in the Federal
Register. The notice will include a summary of the reasons for the
final determination and responses 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/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 will be considered to be in
compliance with 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 requirement 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: March 15, 1994.
William J. Muszynski,
Acting Regional Administrator.
[FR Doc. 94-6829 Filed 3-22-94; 8:45 am]
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