[Federal Register Volume 59, Number 41 (Wednesday, March 2, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4757]


[[Page Unknown]]

[Federal Register: March 2, 1994]



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ENVIRONMENTLAL PROTECTION AGENCY
[FRL-4843-7]

 

Alabama: Final Determination of Adequacy of State/Tribal 
Municipal Solid Waste Permit Program

AGENCY: Environmental Protection Agency.

ACTION: Notice of final partial program determination of adequacy of 
the State of Alabama's municipal solid waste landfill permit program.

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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 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. 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 State/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 Federal landfill 
criteria will apply to all permitted and unpermitted MSWLF facilities.
    Alabama applied for a determination of adequacy under section 4005 
of RCRA. EPA Region IV reviewed Alabama's MSWLF application and made a 
tentative determination of adequacy for those portions of the MSWLF 
permit program that are adequate to ensure compliance with the revised 
MSWLF criteria. After reviewing all comments received, EPA today is 
granting final approval to Alabama's partial program.

EFFECTIVE DATE: The determination of adequacy for the State of Alabama 
shall be effective on March 2, 1994.

FOR FURTHER INFORMATION CONTACT: EPA Region IV, 345 Courtland Street 
NE., Atlanta, Georgia 30365, Attn: Ms. Patricia S. Zweig, mail code 
4WD-OSW, telephone 404-347-2091.

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 propose in STIR to allow partial approval if: (1) 
The Regional Administrator determines that the State/Tribal permit 
program largely meets the requirements for ensuring compliance with 
part 258; (2) changes to a limited narrow part(s) of the State/Tribal 
permit program are needed to meet those requirements; and (3) 
provisions not included in the partially approved portions of the 
State/Tribal permit program are a clearly identifiable and separable 
subset of part 258. As provided in the October 9, 1991, municipal 
landfill rule, EPA's national Subtitle D standards took effect on 
October 9, 1993. Consequently, any portion of the Federal Criteria that 
are not included in an approved State/Tribal program by October 9, 1993 
apply directly to the owner/operator without any approved State/Tribal 
flexibility. On October 1, 1993, the October 9, 1993, effective date 
was extended for certain smaller landfills and for certain landfills 
receiving waste from flood disaster areas (58 FR 51536). The effective 
date is now April 9, 1994, for MSWLFs that accept less than 100 tons of 
waste per day, are not a Superfund National Priority List site, and are 
either in a State that has submitted an application to EPA for approval 
before October 9, 1993, or are located on Tribal lands. The effective 
date has been extended to October 9, 1995, for very small (less than 20 
tons of waste per day), remote landfills in arid climates that lack a 
practicable alternative for waste disposal or experience significant 
disruption of surface transportation. Certain large facilities 
receiving waste from flood disaster areas also are allowed an extension 
of the compliance date if the State determines that they are needed to 
dispose of flood debris. The requirements of the STIR, if promulgated, 
will ensure that any mixture of State/Tribal and Federal rules that 
take effect will be fully workable and leave no significant gaps in 
environmental protection. These practical concerns apply to individual 
partial approvals granted prior to the promulgation of the STIR. 
Consequently, EPA reviewed the program approved today and concluded 
that the State/Tribal and Federal requirements mesh reasonably well and 
do not leave significant gaps. Partial approval would allow the Agency 
to approve those provisions of the State/Tribal permit program that 
meet the requirements and provide the State/Tribe time to make 
necessary changes to the remaining portions of its program. As a 
result, owners/operators will be able to work with the State/Tribal 
permitting agency to take advantage of the flexibility allowed under 
the Federal criteria for approved states for those portions of the 
State's program that have been approved.

    EPA will review State/Tribal requirements to determine whether they 
are ``adequate'' under section 4005(c)(1)(C) of RCRA. 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. EPA also is 
requesting States/Tribes seeking partial program approval to provide a 
schedule for the submittal of all remaining portions of their MSWLF 
permit programs. EPA notes that it intends to propose to make 
submissions of a schedule mandatory in the STIR.
    As a State's/Tribe's regulations and statutes are amended to comply 
with the Federal MSWLF landfill regulations, unapproved portions of a 
partially approved MSWLF permit program may be approved by the EPA. The 
State/Tribe may submit an amended application to EPA for review and an 
adequacy determination will be made using the same criteria as for the 
initial application. This adequacy determination will become effective 
sixty (60) days following publication if no adverse comments are 
received. If 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.

B. State of Alabama

    On July 9, 1993, the State of Alabama submitted a final application 
for partial program adequacy determination for their MSWLF permit 
program. On December 17, 1993, EPA published a tentative determination 
of adequacy for all portions of Alabama's program except for the 
Financial Assurance Criteria set forth in Subpart G. Further background 
on the tentative determination of adequacy appears at 58 FR 65982, 
(December 17, 1993).
    Along with the tentative determination, EPA announced the 
availability of the application for public comment and the date of a 
public hearing on the application. Region IV of EPA held a public 
hearing on February 10, 1994, at 7 p.m. in Montgomery, Alabama.
    The State of Alabama has the authority to issue permits that 
incorporate all the requirements of the Revised Federal MSWLF Criteria, 
except Financial Assurance, to all MSWLFs in the State, with the 
exception of those located on Tribal Lands.
    The EPA has determined that the State of Alabama's statutes and 
administrative regulations provide for a state-wide comprehensive 
program of solid waste management including specific provisions for 
public participation, compliance monitoring and enforcement.
    The State of Alabama requested approval for all portions of the 
Federal criteria except Subpart G-Financial Assurance Criteria. The 
Alabama Department of Environmental Management does not currently have 
statutory authority to develop and enforce financial assurance 
regulations for MSWLFs. The schedule that Alabama submitted indicates 
that the necessary changes to the laws, regulations, and guidance to 
comply with the remaining part 258 requirements will be completed by 
January, 1995.

C. Public Comment

    One written comment was submitted during the public comment period. 
The commenter supported the tentative decision to partially approve 
Alabama's MSWLF permit program. There were no written or oral comments 
submitted during the public hearing.

D. Decision

    After reviewing the public comments submitted in response to the 
tentative decision, I conclude that Alabama's application for partial 
program adequacy determination meets all of the statutory and 
regulatory requirements established by RCRA. Accordingly, Alabama is 
granted a partial program determination of adequacy for all portions of 
its MSWLF permit program except Subpart G-Financial Assurance 
Requirements.
    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 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 program are already in effect as a matter of 
State 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. 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 action 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 action, therefore, does not require a 
regulatory flexibility analysis.

    Authority: This notice of final partial program adequacy 
determination of Alabama's municipal solid waste permit program is 
issued under the authority of section 4005 of the Solid Waste 
Disposal Act as amended; 42 U.S.C. 6946.

    Dated: February 18, 1994.
John H. Hankinson, Jr.,
Regional Administrator.
[FR Doc. 94-4757 Filed 3-1-94; 8:45 am]
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