[Federal Register Volume 59, Number 44 (Monday, March 7, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-5150]


[[Page Unknown]]

[Federal Register: March 7, 1994]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY
[FRL-4846-5]

 

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

AGENCY: Environmental Protection Agency.

ACTION: Notice of final determination of full program adequacy for 
Nevada's 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, 42 U.S.C. 6945(c)(1)(B) 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), 42 U.S.C. 
6945 (c)(1)(C) requires the Environmental Protection Agency (EPA) to 
determine whether States have adequate ``permit'' programs for MSWLFs.
    EPA-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. 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.
    Nevada applied for a determination of adequacy under section 4005 
of RCRA. EPA reviewed Nevada's application and issued for public 
comment a tentative determination that Nevada's permit program is 
adequate to assure compliance with the revised MSWLF Criteria. Based on 
a thorough review of Nevada's municipal solid waste landfill program 
and the fact that no comments were received from the public, EPA is 
today issuing a final determination that Nevada's program is adequate.

EFFECTIVE DATE: The determination of adequacy for Nevada shall be 
effective on March 7, 1994.

FOR FURTHER INFORMATION CONTACT: USEPA Region 9, 75 Hawthorne Street, 
San Francisco, California, 94105. Attn: Ms. Rebecca Jamison, Mailcode 
H-3-1, telephone (415) 744-2099.

SUPPLEMENTARY INFORMATION:

A. Background

    On October 9, 1991, EPA promulgated revised Criteria for MSWLFs (40 
CFR part 258). Subtitle D of RCRA, 42 U.S.C. 6941-6949(a), 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. Section 4005 of RCRA, 42 U.S.C. 
6945, also requires that EPA determine the adequacy of State municipal 
solid waste landfill permit programs to ensure that facilities comply 
with the revised Federal Criteria. To facilitate this requirement, the 
Agency 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.
    EPA intends to approve State/Tribal MSWLF permit programs prior to 
the promulgation of the STIR. Prior to promulgation of the STIR, 
adequacy determinations will be made based on the statutory authorities 
and requirements. EPA interprets the statutory requirements for States 
or Tribes to develop ``adequate'' permit programs to impose several 
minimum standards. 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 must also 
provide for public participation in permit issuance and enforcement as 
required in section 7004(b)(1) of RCRA. Finally, 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 
expects States/Tribes to meet all of the criteria for all elements of a 
MSWLF program before it gives full approval to a MSWLF program. In 
addition, States/Tribes may use the draft STIR as an aid in 
interpreting these requirements.
    On June 24, 1993, Nevada submitted an application for adequacy 
determination for Nevada's MSWLF permit program. On December 30, 1993, 
EPA published a tentative determination of adequacy for all portions of 
Nevada's program. Further background on the tentative determination of 
adequacy appears at 58 FR 69362 (December 30, 1993).
    Along with the tentative determination, EPA announced the 
availability of the application for public comment. EPA received no 
comments nor a request for a public meeting on this determination.
    The State of Nevada has the authority to enforce the requirements 
of their municipal solid waste landfill program at all MSWLFs in the 
State, with the exception of those located on Tribal Lands.

B. Decision

    In the tentative determination, EPA proposed to approve specified 
parts of Nevada's program for which existing State law was adequate to 
ensure compliance with the Federal criteria. At that time, EPA also 
proposed to approve all of Nevada's program if draft revised 
requirements submitted by Nevada were adopted before EPA's final 
determination and effective on or before the relevant effective dates 
of the Federal Criteria. On January 27, 1994 EPA received the final 
adopted revisions to Nevada's MSWLF permit program. After reviewing 
these revisions, I conclude that they are identical to the draft 
revision and that Nevada's application for adequacy determination meets 
all of the statutory and regulatory requirements established by RCRA. 
Accordingly, Nevada 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 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).
    Today's action takes effect on March 1, 1994. 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/Tribe's program are already in effect as a 
matter of State/Tribal 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 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. 6945.

    Dated: February 17, 1994.
John Wise,
Acting Regional Administrator.
[FR Doc. 94-5150 Filed 3-4-94; 8:45 am]
BILLING CODE 6560-50-F