[Federal Register Volume 60, Number 182 (Wednesday, September 20, 1995)] [Notices] [Pages 48711-48713] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 95-23323] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY [FRL-5298-4] North Dakota; Final Determination of Adequacy of State/Tribal Municipal Solid Waste Permit Program AGENCY: Environmental Protection Agency (Region VIII). ACTION: Notice of final determination of full program adequacy for North Dakota's application. ----------------------------------------------------------------------- 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 conditionally exempt 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 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 have 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 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 [[Page 48712]] Federal landfill Criteria will apply to all permitted and unpermitted MSWLFs. North Dakota applied for a determination of adequacy under section 4005 of RCRA. EPA reviewed North Dakota's application and proposed a determination that North Dakota's MSWLF permit program is adequate to ensure compliance with the revised MSWLF Criteria. Since no comments were received, EPA is today issuing a final determination that the State/Tribe's program is adequate. EFFECTIVE DATE: The determination of adequacy for North Dakota shall be effective September 18, 1995. FOR FURTHER INFORMATION CONTACT: Gerald Allen (8HWM-WM), Waste Management Branch, US EPA Region VIII, 999 18th Street, Suite 500, Denver, Colorado 80202-2466, phone 303/293-1496. 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 facilities 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. On September 27, 1993, the EPA Administrator signed the final rule extending the effective date of the landfill Criteria for certain classifications of landfills (proposed rule 58 FR 40568, July 28, 1993). Thus, for certain small landfills that fit the small landfill exemption as defined in 40 CFR Part 258.1(f), the Federal Criteria will not be effective until October 9, 1995, instead of October 9, 1993. The final ruling on the effective date extension was published in the Federal Register October 1, 1993. B. State of North Dakota On August 25, 1994, North Dakota submitted an application for adequacy determination for the States MSWLF permit program. On November 25, 1994, EPA published a tentative determination of adequacy for all portions of North Dakota's program. Further background on the tentative determination of adequacy appears at 59 FR 60631 (November 25, 1994). Along with the tentative determination, EPA announced the availability of the application for public comment. EPA also tentatively scheduled a public hearing for January 12, 1995, to be held if a sufficient number of people expressed interest in participating. After no one expressed interest, the Agency cancelled the public hearing. EPA has reviewed North Dakota's application and has determined that all portions of the State's MSWLF permit program will ensure compliance with the revised Federal Criteria. In its application, North Dakota demonstrated that the State's permit program adequately meets the location restrictions, operating criteria, design criteria, ground- waster monitoring and corrective action requirements, closure and post- closure care requirements, and financial assurance criteria in the revised Federal Criteria. In addition, the State of North Dakota also demonstrated that its MSWLF permit program contains specific provision for public participation, compliance monitoring, and enforcement. C. Public Comment The EPA received no public comments on the tentative determination of adequacy for North Dakota's MSWLF permit program. D. Decision Since we received no public comments, I conclude that North Dakota's application for adequacy determination meets all of the statutory and regulatory requirements established by RCRA. Accordingly, North Dakota is granted a determination of adequacy for all portions of its MSWLF permit program. In its application for adequacy determination, North Dakota has not asserted jurisdiction over Indian Country, as defined in 18 U.S.C. 1511. Accordingly, this approval does not extend to lands within Indian Country in North Dakota including lands within the exterior boundaries of the Turtle Mountain, Fort Berthold, Fort Totten, and Standing Rock Indian Reservations. Until EPA approves a State or Tribal MSWLF permitting program in North Dakota for any part of Indian Country, the requirements of 40 CFR Part 258, will automatically apply to that area. Thereafter, the requirements of 40 CFR Part 258 will apply to all owner/s operators of MSWLF's located in any part of Indian Country that is not covered by an approved State or Tribal MSWLF permitting 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). This action takes effect on September 18, 1995. 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 requirements that the regulated community must begin to comply with. Nor do these requirements become enforceable by EPA as federal law. [[Page 48713]] 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 sections 2002, 4005 and 4010 of the Solid Waste Disposal Act, as amended; 42 U.S.C. 6912, 6945, 6949(a). Dated: September 7, 1995. Robert L. Duprey, Acting Regional Administrator. [FR Doc. 95-23323 Filed 9-19-95; 8:45 am] BILLING CODE 6560-50-P