[Federal Register Volume 59, Number 157 (Tuesday, August 16, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-20041] [[Page Unknown]] [Federal Register: August 16, 1994] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY [FRL-5052-9] Oklahoma; Amended Final Determination of Adequacy of State Municipal Solid Waste Permit Program AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of Final Determination on Application of Oklahoma for Full Program Adequacy Determination. ----------------------------------------------------------------------- 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) that may receive hazardous household waste or small quantity generator waste will comply with the revised Federal MSWLF Criteria (40 CFR Part 258). 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 facilities comply with the Federal Criteria under 40 CFR 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. On August 10, 1993, Oklahoma applied for a determination of adequacy under Section 4005 of RCRA. After review, publication and consideration of all public comments, EPA temporarily approved Oklahoma's Municipal Solid Waste Landfill Permitting program on December 28, 1993 (58 FR 68643, 68644) good through June 30, 1994 allowing Oklahoma time to promulgate permanent rules. On June 20, 1994, the State of Oklahoma submitted permanent rules which were approved by the Governor on May 3, 1994 and became effective July 1, 1994. Today, EPA is issuing an amended final determination that the State's rules are permanent and Oklahoma's Municipal Solid Waste program is adequate to meet the requirements of 40 CFR Part 258. EFFECTIVE DATE: This amended determination of adequacy for Oklahoma shall be effective on August 16, 1994. FOR FURTHER INFORMATION CONTACT: Becky Weber, Chief, Solid Waste Section, US EPA Region 6, Dallas, Texas 75202; (214) 655-6760. SUPPLEMENTARY INFORMATION: A. Background On August 10, 1993, Oklahoma submitted an application for adequacy determination for Oklahoma's municipal solid waste landfill permit program. This application included temporary solid waste rules which expired on June 30, 1994. On September 16, 1993, EPA published a tentative determination of adequacy for all portions of Oklahoma's program at 58 FR 48516, 48518. On December 28, 1993, after review and consideration of all public comments, EPA published a final determination for full program adequacy at 58 FR 68643, 68644 which expired June 30, 1994. On March 23, 1994, the Oklahoma Department of Environmental Quality board adopted revised solid waste regulations. These new regulations were signed on May 3, 1994 by the Governor of Oklahoma. Since the Legislature of the State of Oklahoma did not act to change these regulations on or before May 17, 1994, the permanent regulations are effective automatically on July 1, 1994. B. Decision EPA has reviewed the minor changes made to the Oklahoma Solid Waste Regulations by the Department of Environmental Quality Board on March 23, 1994. EPA has found no substantial changes from the rules approved on December 28, 1994 that affect Oklahoma's ability to adequately conduct the permitting and enforcement of Subtitle D of the Resource Conservation and Recovery Act (RCRA) on Municipal Solid Waste Landfills in the State of Oklahoma, therefore, EPA concludes that Oklahoma's application for adequacy determination meets all of the statutory and regulatory requirements established by RCRA. Accordingly, Oklahoma 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 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). Today's action takes effect on the date of publication. EPA believes it has good cause under Section 553(d) of the Administrative Procedure 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/Tribe's program are already in effect as a matter of State/Tribal law. EPA's action today does not impose any new compliance requirements on the regulated community. Nor do these requirements become enforceable by EPA as federal law. Consequently, EPA 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 2002, 4005, 4006, and 4010(c) of the Solid Waste Disposal Act, as amended. A.M. Davis, Acting Regional Administrator. [FR Doc. 94-20041 Filed 8-15-94; 8:45 am] BILLING CODE 6560-50-P