[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: 94-4759]


[[Page Unknown]]

[Federal Register: March 2, 1994]


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ENVIRONMENTLAL PROTECTION AGENCY
[FRL-4843-6]

 

State of Florida; Adequacy Determination of State/Tribal 
Municipal Solid Waste Permit Program

AGENCY: Environmental Protection Agency.

ACTION: Notice of tentative determination on Florida application 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 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 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 for 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 federal landfill 
criteria will apply to all permitted and unpermitted MSWLF facilities.
    Florida has applied for a determination of adequacy under section 
4005 of RCRA. EPA Region IV has reviewed Florida's MSWLF application 
and has made a tentative determination that Florida's MSWLF permit 
program meets the requirements for full program approval and ensures 
compliance with the revised MSWLF Criteria (40 CFR part 258).
    Florida's application for program adequacy determination is 
available from EPA Region IV and the State for public review and 
comment. Although, RCRA does not require EPA to hold a public hearing 
on a determination to approve a State's/Tribe's MSWLF program, Region 
IV has scheduled a public hearing on this determination. The date, 
location and time of the hearing is discussed below in the DATES 
section. Anyone requiring additional information regarding the hearing, 
may call the person listed in the CONTACTS section below.

DATES: All comments on Florida's application for a determination of 
adequacy must be received at the EPA Region IV Office of Solid Waste by 
close of business, Monday, April 25, 1994. Comments may also be 
submitted at the public hearing which will be held on Monday, April 25, 
1994, at the Florida Department of Environmental Protection--Margarie 
Stoneman Douglas Building, 3900 Commonwealth Blvd., Tallahassee, 
Florida 30399-3000, beginning at 6:30 p.m. The State will participate 
in the hearing which is being held by EPA. Please contact one of the 
individuals listed as a contact below at least 72 hours before the 
hearing if special accommodations are required.

ADDRESSES: Copies of Florida's application for adequacy determination 
are available between the hours of 8 a.m. and 5 p.m., Monday through 
Friday, at the following addresses for inspection and copying: Florida 
Department of Environmental Protection, Solid Waste Section, Twin 
Towers Office Building, 2600 Blair Stone Road, Tallahassee, Florida 
32399-2400, Attn: Ms. Mary Jean Yon, telephone (904) 488-0300; and U.S 
EPA Region IV Library, 345 Courtland Street, NE., Atlanta, Georgia 
30365, Attn: Ms. Priscilla Pride, telephone (404) 347-4216. Written 
comments should be submitted to Ms. Patricia S. Zweig, mail code 4WD-
OSW, EPA Region IV, Office of Solid Waste, 345 Courtland Street, NE., 
Atlanta, Georgia 30365.

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 MSWLFs 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.
    As provided in the October 9, 1991 municipal solid waste landfill 
rule, EPA's national Subtitle D standards took effect on October 9, 
1993. Consequently, any remaining portions of the Federal criteria that 
are not included in an approved State/Tribal program apply directly to 
the owner/operator without any approved State/Tribal flexibility. On 
October 1, 1993, EPA published the Final Rule to extend the effective 
date of the landfill criteria for certain classifications of landfills 
(58 FR 51536). On October 14, 1993, EPA published corrections to the 
Final Rule to extend the effective date (58 FR 53137).
    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 an MSWLF 
program before it gives full approval to an MSWLF program.

B. State of Florida

    On July 20, 1993, Florida submitted a final application to EPA 
Region IV for adequacy determination. Region IV reviewed the final 
application and submitted substantive comments to Florida. Florida 
addressed EPA's comments and submitted an extensively revised final 
application in September 1993. Region IV has completed technical review 
of Florida's revisions and has tentatively determined that, as revised, 
all portions of Florida's Subtitle D MSW landfill permit program meet 
the requirements necessary to qualify for full program approval and 
ensure compliance with the revised Federal Criteria.
    The public may submit written comments on EPA's tentative 
determination until close of the public hearing to the person listed in 
the ``Contacts'' section of this notice. Copies of Florida's 
application are available for inspection and copying at the location(s) 
indicated in the ``Addresses'' section of this notice. Comments may 
also be submitted during the scheduled public hearing, as transcribed 
from the discussion of the hearing or in writing at the time of the 
hearing.
    Florida's revised application includes new regulations which the 
State developed to be technically comparable to the requirements of the 
federal criteria. Florida's revised regulations became effective on 
January 2, 1994, and have been deemed technically comparable to the 
federal criteria.
    Although regulatory language and structure in certain of Florida's 
regulations may not reflect the exact language and structure in the 
corresponding EPA requirements, EPA has determined that Florida will 
ensure compliance with 40 CFR part 258. The following paragraphs detail 
the major issues for which Florida was required to demonstrate 
technical comparability.
    1. Daily Cover--40 CFR 258.21 requires that six (6) inches of 
earthen material be placed over the working face of MSWLFs at the end 
of each working day to control blowing litter, scavenging, etc. 
Directors of EPA-approved states have the flexibility to allow daily 
covers made of alternative materials and thicknesses. Florida's 
regulations previously provided MSWLFs owner/operators an exemption 
from daily cover if the period between cessation of operation on one 
day and start of operation the next was 18 hours or less. Florida 
revised their regulatory language to eliminate this exemption and 
require daily cover. Florida also added language to allow a reusable 
tarpaulin (to be rolled out over the working face at the end of one day 
and taken up at the beginning of the next) as an acceptable alternative 
to a soil daily cover.
    2. Liner Design--40 CFR 258.40 requires that new landfills and 
lateral expansions to existing landfills be constructed with a specific 
composite liner and leachate collection system or an alternative which 
ensures that drinking-water-based maximum concentration limits (MCLs) 
are not exceeded in the uppermost groundwater aquifer at a 
predetermined point of compliance (POC). The POC must be on the 
landfill owner/operator's property and within 150 meters (approximately 
500 feet) of the landfill unit boundary.
    EPA Headquarters has interpreted the federal criteria to also 
afford states the opportunity to present alternative liner designs to 
regional offices for review. If a state demonstrates, via mathematical 
modelling, that the proposed alternative(s) meet the minimum federal 
performance standard based on ``worst-case'' conditions (considering 
hydrology, geology, climate, groundwater flow, etc.), then the EPA 
regional office can approve the alternative(s) to be used as state 
standard(s) in lieu of the federal standard composite liner system.
    Florida's regulations allow several alternative composite liner 
designs and a double synthetic liner design with primary and secondary 
leachate collection systems. Florida has presented information, 
including analysis data from the MultiMed mathematical modeling 
program, to adequately demonstrate that each of their liners meets the 
federal performance standards. Additionally, Florida determines the 
need for corrective action due to contaminant releases from the 
landfill into the subsurface based on analysis of groundwater sampled 
at distances within 100 feet of the landfill unit boundary (as compared 
to the federal range of 0 to 150 meters (or approximately 500 feet) 
from the unit boundary). Further, in addition to sampling and analyzing 
groundwater, Florida performs annual analysis of leachate collected 
from the landfill, to determine which constituents might be expected to 
be found in groundwater in the event that a release does occur.
    3. Groundwater Monitoring and Corrective Action--40 CFR 258.54 
requires detection monitoring for sixty-two (62) constituents. 
Florida's original detection monitoring program required analysis of 
fewer and several different constituents than the federal. Florida has 
revised their regulatory language to include analysis of all 
constituents listed in 40 CFR part 258.54 in addition to their original 
parameters.
    4. Final Closure Cover--40 CFR 258.60 requires that a MSWLF final 
closure cover include a composite cap which consists of a minimum 6 
inch earthen erosion/vegetative layer and an infiltration layer of at 
least 18 inches of soil compacted to a permeability of 1 x 10-5 
cm/sec or the permeability of the bottom liner system, whichever is 
less. EPA Headquarters has interpreted this description to imply that 
MSW landfills with a synthetic in their liner system must be closed 
with a cap that includes a synthetic in the infiltration layer. 
Directors of EPA-approved states have the flexibility to allow 
infiltration layers of alternative materials and/or thicknesses.
    Florida's original regulations did not require a synthetic in the 
final closure cover of a synthetically lined MSW landfill. Florida has 
revised their regulatory language to require that final closure covers 
on MSW landfills include ``a barrier layer which is substantially 
equivalent to, or less than, the permeability of the bottom liner 
system.'' Florida also specifically requires that, ``If the landfill 
uses a geomembrane in the bottom liner system, the barrier layer shall 
also incorporate a geomembrane.''
    5. Financial Assurance for Corrective Action--40 CFR 258.73 
requires that landfill owner/operators required to undertake corrective 
action procedures, have financial assurance based on a written 
estimate, in current dollars, of the cost of hiring a third party to 
perform the corrective action. Florida's original program did not 
address this issue. Florida has revised their regulatory language to 
require an acceptable mechanism by which owner/operators must provide 
financial assurance in the event that corrective action activities are 
necessary at their facility.
    EPA Region IV will consider all public comments on its tentative 
determination which are received by close of the scheduled public 
hearing. Issues raised by those comments may be the basis for a 
determination of inadequacy for Florida's program. EPA Region IV will 
make a final decision on whether or not to approve Florida's program 
after all comments are received and reviewed, and will give notice of 
that decision in the Federal Register. The notice will include a 
summary of the reasons for the final determination and a response to 
all major comments received by the end of the scheduled public hearing.
    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).

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 rule, 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: February 18, 1994.
John H. Hankinson, Jr.,
Regional Administrator.
[FR Doc. 94-4759 Filed 3-1-94; 8:45 am]
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