[Federal Register Volume 62, Number 160 (Tuesday, August 19, 1997)]
[Notices]
[Pages 44127-44128]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-21920]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5876-8]
Iowa Final Full Program Determination of Adequacy of State
Municipal Solid Waste Landfill Permit Program
AGENCY: Environmental Protection Agency.
ACTION: Notice of immediate final program determination of adequacy on
Iowa's 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 (MSWLF)
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 governing
such determinations. The EPA has drafted and is in the process of
proposing a State Implementation Rule (SIR) that will provide
procedures by which the EPA will approve, or partially approve, state
landfill permit programs. The Agency intends to approve adequate state
MSWLF permit programs as applications are submitted. Thus, the
approvals are not dependent on final promulgation of the SIR. Prior to
promulgation of the SIR, adequacy determinations will be made based on
the statutory authorities and requirements. In addition, states may use
the draft SIR as an aid in interpreting these requirements. The Agency
believes that early approvals have an important benefit. Approved state
permit programs provide for interaction between the state and the
owner/operator regarding site-specific permit conditions. Only those
owners/operators located in state with approved permit programs can use
the site-specific flexibility provided by 40 CFR part 258 to the extent
the state permit program allows such flexibility. The EPA notes that
regardless of the approval status of a state and the permit status of
any facility, the Federal criteria in 40 CFR part 258 will apply to all
permitted and unpermitted MSWLF facilities.
Iowa applied for a determination of adequacy under section 4005 of
RCRA. The EPA reviewed Iowa's application and has made a decision,
subject to public review and comment, that Iowa's municipal solid waste
landfill permit program satisfies all of the requirements necessary to
qualify for final authorization. Thus, the EPA is approving Iowa's
MSWLF permit program.
EFFECTIVE DATE: The determination of adequacy for Iowa shall be
effective on October 20, 1997, unless the EPA publishes a prior Federal
Register action withdrawing this immediate final rule. All comments on
Iowa's program revision application must be received by the close of
business September 18, 1997.
ADDRESSES: Copies of Iowa's application for a determination of adequacy
are available for inspection and copying from 8 a.m. to 4:30 p.m.,
Monday through Friday at the following addresses: Iowa Department of
Natural Resources, Wallace State Office Building, 900 East Grand, Des
Moines, Iowa 50319-0034, Attention: Mr. Lavoy Haage, telephone 515-281-
4968; and the EPA Region VII Library, 726 Minnesota Avenue, Kansas
City, Kansas 66101, telephone 913-551-7241.
FOR FURTHER INFORMATION CONTACT: David Flora at (913) 551-7523.
SUPPLEMENTARY INFORMATION:
A. Background
On October 9, 1991, the EPA promulgated 40 CFR part 258 for MSWLFs.
Subtitle D of RCRA, as amended by HSWA, requires states to develop
permitting programs to ensure that facilities comply with the Federal
Criteria in 40 CFR part 258. Subtitle D also requires in section 4005
of RCRA that the EPA determine the adequacy of state municipal solid
waste landfill permit programs to ensure that facilities comply with 40
CFR part 258. To fulfill this requirement, the Agency has drafted and
is in the process of proposing a SIR. The rule will specify the
requirements which state programs must satisfy to be determined
adequate.
The EPA intends to propose in the SIR to allow partial approval if:
(1) The Regional Administrator determines that the state permit program
largely meets the requirements for ensuring compliance with 40 CFR part
258; (2) changes to a limited narrow part(s) of the state permit
program are needed to meet these requirements; and (3) provisions not
included in the partially approved portions of the state permit program
are a clearly identifiable and separable subset of 40 CFR part 258. As
a state's regulations and statutes are amended to comply with 40 CFR
part 258, unapproved portions of a partially approved MSWLF permit
program may be approved by the EPA. The state may submit an amended
application to the EPA for review and an adequacy determination will be
made using the same criteria as for the initial application. This
adequacy determination will be published in the Federal Register
summarizing the Agency's decision and the portion(s) of the state MSWLF
permit program affected and providing an opportunity to comment for a
period of 30 days. The adequacy determination will become effective 60
days following publication if no adverse comments are received. If the
EPA receives adverse comments on its adequacy determination, another
Federal Register notice will be published either affirming or reversing
the initial decision while responding to the public comments.
The EPA will review state requirements to determine whether they
are ``adequate'' under section 4005(c)(1)(C) of RCRA. The EPA
interprets the requirements for states to develop ``adequate'' programs
for permits or other forms of prior approval to impose several minimum
requirements. First, each state must have enforceable standards for new
and existing MSWLFs that are technically comparable to 40 CFR part 258.
Next, the state 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 also must provide for public participation in
permit issuance and enforcement as required in section 7004(b) of RCRA.
Finally, the EPA believes that the state 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.
The EPA Regions will determine whether a state has submitted an
``adequate'' program based on the interpretation outlined above. The
EPA plans to provide more specific criteria for this evaluation when it
proposes the SIR. The EPA expects state to meet all of these
requirements for all elements of a MSWLF program before it gives full
approval to a MSWLF program.
[[Page 44128]]
B. State of Iowa
On February 4, 1997, the Iowa Department of Natural Resources
submitted an amended application for full MSWLF permit program
approval. This application follows a September 30, 1993, submittal
which did not satisfy the requirements for the landfill liner design.
Since the original application, Iowa has adopted regulations pertaining
to financial assurance, gas monitoring and control, seismic areas,
fault zones, unstable geologic areas, airport safety, and liners and
caps. The revised regulation for liner design adopted the language in
40 CFR 258.40(b) for a composite liner system and allows for approval
of an alternative liner system design provided that it includes
``certification by a professional engineer registered in Iowa stating
that the proposed alternative liner system will ensure that the
contaminant concentration values listed in Federal regulations under 40
CFR part 258, subpart D, table 1, will not be exceeded in the uppermost
aquifer at the designated monitoring points of compliance as specified
by the department.''
Iowa does not claim jurisdiction over Indian Land. Iowa's program
is not enforceable on Indian lands.
The EPA has reviewed Iowa's application, and has made an immediate
final decision that Iowa's municipal solid waste landfill permit
program satisfies all the requirements of the SIR to qualify for full
program approval. Consequently, the EPA intends to grant full approval
of the Iowa program. The public may submit written comments on the
EPA's immediate final decision up until [insert the date 30 days after
the date of publication of this notice]. Copies of Iowa's application
for program approval are available for inspection and copying at the
locations identified in the ``ADDRESSES'' section of this action.
Approval of Iowa's municipal solid waste landfill permitting
program shall become effective [insert the date 60 days after the date
of publication of this notice], unless an adverse comment pertaining to
the state's revision discussed in this notice is received by the end of
the comment period. If an adverse comment is received the EPA will
publish either: (1) A withdrawal of the immediate final decision, or
(2) a notice containing a response to comments which either affirms
that the immediate final decision takes effect or reverses the
decision.
C. Decision
I conclude that Iowa's application for full program adequacy
determination meets all of the statutory and regulatory requirements
established by RCRA for full program adequacy. Accordingly, Iowa is
granted a full program determination of adequacy for all parts of its
municipal solid waste landfill 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 enforcement
program. As the EPA explained in the preamble to the final MSWLF
criteria, the EPA expects that any owner or operator complying with
provisions in a state program approved by the EPA should be considered
to be in compliance with the Federal Criteria. See 56 FR 50978, 50995
(October 9, 1991) as revised by 57 FR 28626 (June 26, 1992), 58 FR
51536 (October 1, 1993), 60 FR 17649 (April 7, 1995), and 60 FR 40104
(August 7, 1995).
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 final 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: August 6, 1997.
Martha R. Steincamp,
Acting Regional Administrator.
[FR Doc. 97-21920 Filed 8-18--97; 8:45 am]
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