[Federal Register Volume 59, Number 10 (Friday, January 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1022]
[[Page Unknown]]
[Federal Register: January 14, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
ENVIRONMENTAL PROTECTION AGENCY
[FRL-4826-7]
Ohio Adequacy Determination of State Municipal Solid Waste Permit
Program
AGENCY: Environmental Protection Agency (Region 5).
ACTION: Notice of tentative determination on application of Ohio 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 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 will comply with the
revised Federal Criteria (40 CFR part 258). RCRA section 4005(c)(1)(C)
requires the United States 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 the State/Tribal
Implementation Rule (STIR) that will provide procedures by which the
USEPA will approve, or partially approve, 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 MSWLF 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 MSWLF permit programs can use the site-specific flexibility
provided by the revised Federal Criteria to the extent the State/Tribe
MSWLF 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 apply to all
permitted and unpermitted MSWLF facilities.
Ohio applied for a determination of adequacy under section 4005 of
RCRA. At the same time, Ohio proposed modifications to current
regulations that will facilitate full approval of its solid waste
program. The rules contained in the proposed revisions to the Ohio
Administrative Code (OAC), Chapter 3745-27, add definitions and
requirements that are no less stringent than portions of the revised
Federal Criteria. The specific revised Federal Criteria that Ohio will
incorporate are identified in the Ohio Solid Waste Program Application
for U.S. EPA Authorization, October 1993. The USEPA reviewed Ohio's
application and has made a tentative determination that the combination
of Ohio's existing MSWLF permit program and the incorporation of
certain portions of the revised Federal Criteria will be adequate to
assure compliance with the revised Federal Criteria. The Ohio
application for program adequacy determination is available for public
review and comment.
The USEPA has also received the proposed revisions to the
regulations for review. See Proposed Municipal Solid Waste Landfill
Regulations, OAC-3745-27, Ohio Environmental Protection Agency (OEPA),
December 23, 1993. Review of the finalized OEPA regulations will occur
prior to the USEPA's final determination of program adequacy. If the
OEPA regulations, when fully promulgated and effective, are essentially
unchanged from proposed and are comparable to the revised Federal
Criteria, the USEPA may approve the Ohio solid waste program.
Although RCRA does not require USEPA to hold a hearing on any
determination to approve a State/Tribal MSWLF permit program, the USEPA
Region 5 may schedule an opportunity for a public hearing on this
tentative determination. Details appear below in the ``DATES'' section.
DATES: All comments on Ohio's application for a full determination of
adequacy must be received by USEPA Region 5 by the close of business on
March 1, 1994. If there is sufficient public interest, USEPA Region 5
will hold a public hearing on March 1, 1994, starting at 1 p.m. at the
offices of the Ohio Environmental Protection Agency, Conference Room
1A, located at 1800 Watermark Drive in Columbus, Ohio. Ohio will
participate in the public hearing, if held, by USEPA Region 5 on this
subject. Written comments on Ohio's application should be submitted to
USEPA Region 5 at the address specified below during the public comment
period. In addition, oral and/or written comments can be submitted
during the public hearing, if held.
Persons requesting that USEPA Region 5 hold a public hearing and/or
wishing to be notified of the public hearing, if held, should contact
the USEPA Region 5 contact given below in the ``FOR FURTHER INFORMATION
CONTACT'' section, within 30 days of the date of the publication of
this notice. Such persons contacting the USEPA will be notified
directly if the public hearing will be held or not held, at least 2
weeks prior to March 1, 1994.
ADDRESSES: All written comments should be sent to the USEPA Region 5
Office.
Copies of Ohio's application for full adequacy determination are
available from 9 a.m. to 4 p.m. during normal working days at the
following addresses for inspection and copying: Ohio Environmental
Protection Agency, Library, 1800 Watermark Drive, Columbus, Ohio 43266-
0149, Attn: Ms. Ruth Ann Evans; and USEPA Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, Attn: Mr. Andrew Tschampa, mailcode
HRP-8J.
FOR FURTHER INFORMATION CONTACT: USEPA Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, Attn: Mr. Andrew Tschampa, mailcode
HRP-8J, telephone (312) 886-0976.
SUPPLEMENTARY INFORMATION:
A. Background
On October 9, 1991, the USEPA promulgated revised Federal 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
revised Federal Criteria. Subtitle D also requires in section 4005 that
the USEPA determine the adequacy of State MSWLF permit programs to
ensure compliance with the revised Federal Criteria. To fulfill these
requirements, the Agency has drafted and is in the process of proposing
the 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 the promulgation of the 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. 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, 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 who fails to comply with an approved MSWLF program.
The USEPA 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 State/Tribal Implementation Rule. The USEPA expects
States/Tribes to meet all of these requirements for all elements of a
MSWLF permit program before it gives full approval to a MSWLF permit
program.
As provided in the revised Federal Criteria, USEPA's national
Subtitle D standards took effect on October 9, 1993. On October 1,
1993, USEPA published a final ruling which modified the effective date
of the landfill criteria for certain classifications of landfills (58
FR 51536). Thus, for certain small landfills that accept less than 100
tons of waste per day, the Federal landfill criteria will not be
effective until April 9, 1994, instead of October 9, 1993. The exact
classifications of landfills and details on the effective date
extensions are contained in the final rule. See 58 FR 51536 (October 1,
1993).
B. State of Ohio
On October 9, 1993, Ohio submitted an application for program
adequacy determination. The USEPA has reviewed Ohio's application and
has tentatively determined that the combination of the State's existing
permit program and the incorporation of certain portions of the revised
Federal Criteria will ensure full compliance with all of the revised
Federal Criteria.
The Ohio regulations, contained in OAC-3745-27, currently contain
the following elements that are considered equivalent to the revised
Federal Criteria:
1. Consideration of other Federal laws (USEPA approval is for
current Ohio requirements that are comparable to 40 CFR 258.3);
2. Location restrictions for floodplains, fault areas, seismic
impact zones, and unstable areas (USEPA approval is for current Ohio
requirements that are comparable to 40 CFR 258.11, 258.13, 258.14, and
258.15);
3. Operating criteria for daily cover material, disease vector
control, air criteria, access restrictions, and liquids restrictions
(USEPA approval is for current Ohio requirements that are comparable to
40 CFR 258.21, 258.22, 258.24, 258.25, and 258.28);
4. Design criteria (USEPA approval is for current Ohio requirements
that are comparable to 40 CFR 258.40);
5. Financial assurance criteria for closure, post-closure care, and
allowable mechanisms (USEPA approval is for current Ohio requirements
that are comparable to 40 CFR 258.70, 258.71, 258.72, and 258.74).
In addition, the proposed modifications to the OEPA Municipal Solid
Waste Landfill Regulations contain the following elements that are
considered equivalent to the revised Federal Criteria:
1. General requirements and definitions (USEPA approval would be
for proposed Ohio requirements that are comparable to 40 CFR 258.1 and
258.2);
2. Location restrictions for airport safety and wetlands (USEPA
approval would be for proposed Ohio requirements that are comparable to
40 CFR 258.10 and 258.12);
3. Closure of existing MSWLFs (USEPA approval would be for proposed
Ohio requirements that are comparable to 40 CFR 258.16);
4. Operating criteria for excluding the receipt of hazardous waste,
explosive gases control, run-on/run-off control systems, and surface
water requirements (USEPA approval would be for proposed Ohio
requirements that are comparable to 40 CFR 258.20, 258.23, 258.26, and
258.27);
5. Recordkeeping requirements (USEPA approval would be for proposed
Ohio requirements that are comparable to 40 CFR 258.29);
6. Groundwater monitoring applicability, systems, sampling and
analysis, detection monitoring program, assessment monitoring program,
assessment of corrective measures, selection of remedy, and
implementation requirements (USEPA approval would be for proposed Ohio
requirements that are comparable to 40 CFR 258.50, 258.51, 258.53,
258.54, 258.55, 258.56, 258.57, and 258.58);
7. Closure and post-closure care requirements (USEPA approval would
be for proposed Ohio requirements that are comparable to 40 CFR 258.60
and 258.61);
8. Financial assurance criteria for corrective action (USEPA
approval would be for proposed Ohio requirements that are comparable to
40 CFR 258.73).
The elements of the revised Federal Criteria to be incorporated
into the Ohio permit program (1-8 above) are contained in the proposed
regulations currently under promulgation by the OEPA. See Proposed
Municipal Solid Waste Landfill Regulations, OAC-3745-27, Ohio
Environmental Protection Agency, December 23, 1993.
For purposes of implementation of the revised Federal Criteria,
Ohio is incorporating a ``unit concept'' into its current landfill
permitting process. Currently, large areas of unprepared land are
permitted for a MSWLF facility as opposed to discrete areas or units
prepared for actual waste placement. Landfill owners and operators will
be designating ``existing units'' at MSWLF facilities according to a
specific procedure and guidelines established by the proposed OEPA
regulations. The procedure involves a clear delineation of the limits
of waste placement, design components, significant boundaries, and what
the owner or operator designates as an existing unit or new unit(s) at
a MSWLF facility as of April 1994. The guidelines require that all
areas designated as an existing unit are geographically contiguous and
the unfilled areas of the existing unit meet, at a minimum, specific
design requirements which are equivalent to the revised Federal
Criteria. The revised OEPA regulations, when effective, will then apply
to existing units, which have been designated by the landfill owner or
operator, as well as all new units.
The revised Federal Criteria require a final cover system with an
erosion layer underlain by an infiltration layer comprised of at least
18 inches of earthen material with a permeability less than or equal to
any bottom liner system or no greater than 10-5 cm/sec, whichever
is less. Ohio's final cover design allows for a composite liner
involving a flexible membrane liner and a geocomposite clay liner in
lieu of 18 inches of recompacted clay. The geocomposite component of
the final cover must be demonstrated to have a permeability less than
or equal to 18 inches of recompacted clay with a permeability of
10-6 cm/sec, which exceeds the Federal Criteria. The use of an
alternative final cover design to achieve an equivalent reduction in
infiltration is allowed pursuant to 40 CFR 258.60(b).
In addition, the revised Federal Criteria require unfiltered
groundwater samples to be used in laboratory analysis. Currently, Ohio
regulations require sampling and analysis procedures which ensure
monitoring results that provide an ``accurate representation'' of
groundwater quality. This requirement can be interpreted to require
unfiltered samples. The USEPA intends to revisit this issue during a
proposed rulemaking. If the proposed rulemaking upholds the ban on
field filtering, the State will be required to incorporate the
provisions of 40 CFR 258.53(b) into its policy regarding groundwater
sampling and analysis procedures.
The Ohio program will differ from the revised Federal Criteria with
respect to the general effective date of the requirements. The planned
effective date of the currently proposed Ohio regulations, which
incorporate the Federal Criteria, is April 1994. The rulemaking process
in Ohio is extensive, involving the widespread circulation of draft
regulations to all interested parties, public comment periods and
hearings, and legislative review and approval, a process which takes a
minimum of 8 to 12 months. The USEPA understands that State law cannot
be retroactive and feels that an effective date of April 1994 for
revised State rules incorporating the Federal Criteria will be
adequate. However, as stated previously, the effective date of the
revised Federal Criteria remains October 9, 1993, unless a facility
qualifies for the extension granted to certain small MSWLFs. See 58 FR
51536 (October 1, 1993). All landfill owners and operators in Ohio were
notified directly by USEPA that MSWLFs will be regulated under both
existing State rules as well as the revised Federal Criteria contained
in 40 CFR part 258 from October 9, 1993, until the date that the
revised Ohio rules are fully promulgated and effective.
As previously discussed, the USEPA has a final draft of the
proposed OEPA regulations. If the OEPA regulations, when fully
promulgated and effective, remain unchanged from proposed and
adequately incorporate the revised Federal Criteria listed above, the
USEPA may approve the Ohio solid waste program.
The public may submit written comments on USEPA's tentative
determination until March 1, 1994. The USEPA will consider all public
comments on its tentative determination that are received during the
public comment period and during any public hearing, if held. Issues
raised by those comments will be the basis for a final determination of
adequacy for Ohio's program. The USEPA will make a final decision on
whether or not to fully approve Ohio's program by April 29, 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 a response 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 revised Federal
Criteria in 40 CFR part 258 independent of any State/Tribal enforcement
program. As the USEPA explained in the preamble to the final revised
Federal Criteria, theUSEPA expects that any owner or operator complying
with the 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).
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 tentative approval will not have a significant impact on a
substantial number of small entities. It does not impose any new
burdens on small entities. This proposed 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: January 7, 1994.
Valdas V. Adamkus,
Regional Administrator.
[FR Doc. 94-1022 Filed 1-13-94; 8:45 am]
BILLING CODE 6560-50-F