[Federal Register Volume 59, Number 144 (Thursday, July 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-18450]
[Federal Register: July 28, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5022-6]
The State of New York; Adequacy Determination of State Municipal
Solid Waste Permit Program
AGENCY: Environmental Protection Agency.
ACTION: Notice of Tentative Determination on Application of the State
of New York 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 State of New York applied for a determination of adequacy under
section 4005 of RCRA. EPA reviewed New York's MSWLF application and
certain revisions thereto, and made a tentative determination that all
portions of New York's MSWLF permit program are adequate to assure
compliance with the revised Federal Criteria. New York'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 two public hearings on this tentative determination. Details
appear below in the DATES section.
DATES: All comments on New York's application for a determination of
adequacy must be received by the close of business on September 13,
1994.
Two public hearings will be held in New York State. Both hearings
will begin at 7:00 p.m. The First hearing will be held on September 12,
1994 at the Quality Inn Hotel which is located on Interstate 90 and
Everett Road in Albany, New York. The second hearing will be held on
September 13, 1994 in the Katie Murphy Amphitheater which is located in
the Fashion Institute of Technology, 7th Avenue at 27th Street in New
York City. New York State will participate in the public hearings held
by EPA on this subject.
ADDRESSES: Copies of New York's application for adequacy are available
between 8:30 a.m. and 5:00 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 the
New York State Department of Environmental Conservation, 50 Wolf Road,
Albany, New York 12233-0001 in the Office of the Division of Solid
Waste. Written comments should be sent to Stanley Siegel, Chief,
Hazardous and Solid Waste Program Branch, U.S. EPA--Region II, 26
Federal Plaza, Rm. 1006, New York, New York 10278.
FOR FURTHER INFORMATION CONTACT: David Savetsky, U.S. EPA Region II,
Mail Stop 2AWM-HWP, Room 1006, 26 Federal Plaza, New York, New York,
10278, telephone (212) 264-0547.
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 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. These various
components of authority and capability were submitted by New York State
in its application and revisions thereto.
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 requirements for all
elements of a MSWLF program before it gives full approval to a MSWLF
program.
B. New York State
On Sept. 24, 1993 New York State submitted an application for
adequacy determination. On March 14, 1994, May 10, 1994 and June 28,
1994 New York State submitted revisions to the original application.
EPA reviewed the application together with the subsequent revisions and
has tentatively determined that all portions of New York's subtitle D
program are adequate to provide compliance with the revised Federal
Criteria.
The New York Department of Environmental Conservation adopted its
initial set of regulations relative to the regulatory permitting
requirements for solid waste management facilities in 1977. These
regulations underwent substantial amendment in 1981, and again were
significantly amended in 1988.
Since December 31, 1988, the effective date of the existing Part
360 Solid Waste Management Facilities regulations, numerous
technological advances have taken place in solid waste reduction, reuse
and recycling, composting, construction and demolition debris
processing, and other solid waste treatment, storage, and disposal
activities. These changes, combined with ever diminishing landfill
disposal capacity, have exacerbated the complexities of managing solid
waste in New York State. In response to the increased environmental
awareness surrounding the siting, design, construction, operations and
closure of solid waste management facilities, as well as the
requirements of 40 CFR Part 258, the New York State Department of
Environmental Conservation again revised its Part 360 Solid Waste
Management Facilities regulations to include full public involvement,
including workshops, public hearings, environmental impact/assessment,
and responsiveness summary. The revised regulations were approved by
the State Environmental Board on June 30, 1993 and filed with the New
York Department of State on August 5, 1993. The amended regulations
became effective on October 9, 1993.
The Part 360 regulations contain provisions whereby the Department
of Environmental Conservation, in appropriate circumstances, may grant
variances from one or more specific provisions of the Part 360
requirements. New York has stated that such a variance will not be
granted in any way that is less stringent than the Part 258
requirements. The New York State Department of Environmental
Conservation will also formally amend its Part 360 regulations to
clarify that variances to Part 360 provisions will not be granted in
any way that is less stringent than the Part 258 requirements.
There are currently 41 active landfills in New York State subject
to both the 40 CFR Part 258 and 6 NYCRR Part 360 regulations. There was
a significant decrease in the number of active MSWLFs as a result of
the April 9, 1994 federal deadline for small landfills to either close
or be subject to all of the federal criteria. Twenty-eight (28)
facilities are under Part 360 permits, eleven (11) facilities are under
consent order, and two (2) facilities are operating without either a
permit or consent order.
New York State is concentrating its efforts to bring all landfills
that receive municipal solid waste into compliance with the Part 360
regulations through one or more forms of enforcement actions. Landfills
that are permitted under the revised Part 360 regulations, effective
October 9, 1993, will meet the federal criteria. For existing
facilities all owners or operators must file a renewal application if
they intend to continue construction or operation beyond the expiration
date of existing permits. For those facilities with Part 360 permits
that will expire over the next 2-3 years, the Department will ensure
that each such facility meets the applicable federal and state
regulations before a renewal permit is issued. Further, for the
estimated seven facilities with permits that will expire three or more
years beyond the date of program approval, the Department will pursue
permit modifications in accordance with requirements contained in 6
NYCRR Part 621 Uniform Procedures. New York State expects to complete
those seven permit modifications so as to ensure compliance with both
federal and state regulations within three years of program approval.
Those facilities operating under a consent order will either be
required to close or be upgraded to meet the applicable regulations in
accordance with the terms and conditions of their consent order.
New York does not have the statutory authority to enforce the MSWLF
permit program on Indian Lands. MSWLFs located on Indian Lands are
subject to the Federal Criteria.
The EPA will hold two public hearings on its tentative decision.
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 such that they are received by the
close of business on September 13, 1994. Copies of New York's state
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 New York's state program. EPA expects
to make a final decision on whether or not to approve New York's state
program by November 1, 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: July 21, 1994.
Jeanne M. Fox,
Regional Administrator.
[FR Doc. 94-18450 Filed 7-27-94; 8:45 am]
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