[Federal Register Volume 59, Number 1 (Monday, January 3, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 93-32062]

[[Page Unknown]]

[Federal Register: January 3, 1994]




Illinois: Final Determination of Adequacy of State Municipal 
Solid Waste Permit Program

AGENCY: Environmental Protection Agency.

ACTION: Notice of final determination of full program adequacy for 
Illinois' 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 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 (USEPA) to determine whether States have adequate ``permit'' 
programs for MSWLFs, but does not mandate issuance of a rule for such 
determinations. The USEPA has drafted and is in the process of 
proposing a State/Tribal Implementation Rule (STIR) that will provide 
procedures by which the USEPA 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 are 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 40 CFR part 258 to the 
extent the State/Tribal permit program allows such flexibility. The 
USEPA notes that regardless of the approval status of a State/Tribe and 
the permit status of any facility, the revised Federal Criteria will 
apply to all permitted and unpermitted MSWLF facilities.
    Illinois applied for a determination of adequacy under section 4005 
of RCRA. The USEPA reviewed Illinois' application and tentatively 
determined that Illinois' permit program is adequate to ensure 
compliance with the revised Federal MSWLF Criteria. After consideration 
of all comments received, the USEPA is today issuing a final 
determination that the State's program is adequate.

EFFECTIVE DATE: The determination of adequacy for Illinois shall be 
effective on January 3, 1994.

USEPA Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, 
Attn: Mr. Andrew Tschampa, mailcode HRP-8J, telephone (312) 886-0976.


A. Background

    On October 9, 1991, the USEPA promulgated revised Federal MSWLF 
Criteria (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 
revised Federal Criteria. Subtitle D also requires in section 4005 that 
the USEPA 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.
    The USEPA intends to approve State/Tribal MSWLF permit programs 
prior to promulgation of STIR. The USEPA 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 the revised Federal 
Criteria. Second, 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. Third, the State/Tribe must also provide for 
public participation in permit issuance and enforcement as required in 
section 7004(b) of RCRA. Fourth, the USEPA 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 permit program.
    The USEPA Regional offices will determine whether a State/Tribe has 
submitted an ``adequate'' program based on the interpretation outlined 
above. The USEPA plans to provide more specific criteria for this 
evaluation when it proposes the STIR. The USEPA expects States/Tribes 
to meet all of these requirements for all elements of a MSWLF permit 
program before it grants full approval to a program.

B. State of Illinois

    On March 31, 1993, Illinois submitted an application to obtain an 
adequacy determination for the State's municipal solid waste landfill 
permit program. On October 20, 1993, the USEPA published a tentative 
determination of adequacy for all portions of Illinois program. Further 
background information on the tentative determination of adequacy 
appears in 58 FR 54145, October 20, 1993. The combination of the 
State's existing permit program, the incorporation of certain portions 
of the revised Federal Criteria, and the interim period of IEPA 
enforcement created by Public Law 88-496, will ensure full compliance 
with all of the revised Federal Criteria. In its application, Illinois 
demonstrated that the State's permit program adequately meets the 
location restrictions, operating criteria, design criteria, groundwater 
monitoring and corrective action requirements, closure and post-closure 
care requirements, and financial assurance criteria in the revised 
Federal Criteria.
    In addition, Illinois demonstrated that the State's MSWLF permit 
program has the authority to issue permits incorporating the 
requirements of the revised Federal Criteria for all MSWLFs in the 
State. The USEPA determined that the Illinois' permit program contains 
provisions for public participation, compliance monitoring, and 
    The revised Federal Criteria that is incorporated into the Illinois 
permit program will eventually be replaced by equivalent regulations 
developed by the Illinois Pollution Control Board (IPCB). As previously 
discussed in 58 FR 54145, October 20, 1993, the USEPA has received the 
proposed IPCB regulations. The USEPA started its review and had 
submitted comments to the IPCB. The IPCB has indicated that it will 
issue revised regulations in December 1993. The USEPA will continue its 
review when it receives the revised regulations.
    Along with the tentative determination, the USEPA announced the 
availability of the application for public comment and the date of a 
public hearing on the application. The public hearing was held at the 
USEPA Region 5 office in Chicago, Illinois, on November 29, 1993.
    The USEPA received public comment concerning the tentative 
determination of full program adequacy for Illinois' MSWLF permit 
program. One commenter asked whether the regulatory flexibility found 
in 40 CFR 258.50(b) would be utilized by the State. In the application, 
Illinois indicated that the Illinois rules do not provide for 
suspension of groundwater monitoring requirements by the Agency. 
However, an operator may petition the IPCB for an adjusted standard 
from the regulations of general applicability. In granting an adjusted 
standard from groundwater monitoring requirements, the IPCB may 
consider contaminant, fate, and transport requirements, as well as 
other factors deemed relevant. An adjusted standard must be justified 
and consistent with applicable Federal law, and it cannot result in 
environmental or health effects significantly more adverse than those 
considered by the IPCB in general rulemaking.

C. Decision

    After reviewing the public comment, I conclude that Illinois' 
application for adequacy determination meets all of the statutory and 
regulatory requirements established by RCRA. Accordingly, Illinois 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 provision of section 7002 of RCRA to enforce the revised Federal 
Criteria independent of any State/Tribal enforcement program. As the 
USEPA explained in the preamble to the revised Federal Criteria, the 
USEPA expects that any owner or operator complying with provisions in a 
State/Tribal program approved by the USEPA 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. The USEPA 
believes it has good cause under section 553(d) of the Administrative 
Procedures 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 program are already in 
effect as a matter of State law. The USEPA'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 the USEPA 
as Federal law. Consequently, the USEPA 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 
4005 of the Solid Waste Disposal Act as amended; 42 U.S.C. 6946.

    Dated: December 20, 1993.
Valdus V. Adamkus,
Regional Administrator.
[FR Doc. 93-32062 Filed 12-30-93; 8:45 am]