[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: 94-5157]


[[Page Unknown]]

[Federal Register: March 7, 1994]


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

ENVIRONMENTAL PROTECTION AGENCY
[FRL-4846-3]

 

Hawaii: Adequacy Determination of State Municipal Solid Waste 
Permit Program

AGENCY: Environmental Protection Agency.

ACTION: Notice of tentative determination on application of Hawaii for 
full program adequacy determination, public hearing and public comment 
period.

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

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 hazardous waste will comply with the revised 
Federal MSWLF Criteria (40 CFR part 258). Section 4005(c)(1)(C) of 
RCRA, 42 U.S.C. 6945(c)(1)(C), requires the Environmental Protection 
Agency (EPA) to determine whether States have adequate ``permit'' 
programs for MSWLFs.
    Approved State permit programs provide interaction between the 
State and MSWLFs owners and operators regarding site-specific permit 
conditions. Only those owners or operators located in States with 
approved permit programs can use the site-specific flexibility provided 
by 40 CFR part 258 to the extent the State permit program allows such 
flexibility. EPA notes that regardless of the approval status of a 
State and the permit status of any facility, the Federal landfill 
criteria will apply to all permitted and unpermitted MSWLF facilities.
    Hawaii applied for a determination of adequacy under section 4005 
of RCRA. EPA reviewed Hawaii's application and made a tentative 
determination that all portions of Hawaii's MSWLF permit program are 
adequate to assure compliance with the revised MSWLF Criteria. EPA has 
determined that Hawaii's revised requirements are adequate to ensure 
compliance with the Federal Criteria.
    Although RCRA does not require EPA to hold a public hearing on any 
determination to approve a State's MSWLF program, EPA Region IX has 
tentatively scheduled a public hearing on this determination. If a 
sufficient number of people express interest in participating in a 
hearing by writing EPA Region IX or calling the contact given below 
within 30 days of the date of publication of this notice, EPA Region IX 
will hold a hearing on the date given below in the ``DATES'' section. 
EPA Region IX will notify all persons who express such interest or who 
submit comments on this notice if it decides to hold the hearing. In 
addition, anyone who wishes to learn whether the hearing will be held 
may call the person listed in the ``CONTACTS'' section. Representatives 
from the Hawaii Department of Health will participate in the public 
hearing on this subject, if one is held.
DATES: All comments on Hawaii's application for a determination of 
adequacy must be received by USEPA by the close of business on April 
29, 1994.

ADDRESSES: Copies of Hawaii's application for adequacy determination 
are available during the hours of 9 a.m. to 4:30 p.m. at the following 
addresses for inspection and copying: Hawaii Department of Health, 
Solid Waste Program, 5 Waterfront Plaza, suite 250, 500 Ala Moana 
Blvd., Honolulu, Hawaii 96813; or USEPA Region IX Library, 75 Hawthorne 
Street, 13th floor, San Francisco, California 94105, telephone (415) 
744-1510. Written comments should be sent to Greg Wilmore, mail code H-
3-1, EPA Region IX, 75 Hawthorne Street, San Francisco, California 
94105.

FOR FURTHER INFORMATION CONTACT: EPA Region 9, 75 Hawthorne Street, San 
Francisco, California, 94105. Attn: Greg Wilmore, mail code H-3-1, 
phone (415) 744-2093.

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 MSWLF 
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 and Tribe 
Implementation Rule (STIR) that will provide procedures by which EPA 
will approve, or partially approve, State and Tribe landfill permit 
programs.
    EPA intends to approve State 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 to 
develop ``adequate'' permit programs to impose several minimum 
standards. First, each State must have enforceable standards for new 
and existing MSWLFs that are technically comparable to EPA's revised 
MSWLF criteria. Next, the State 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 must also provide for public 
participation in permit issuance and enforcement as required in section 
7004(b) of RCRA, 42 U.S.C. 6974(b). Finally, the State 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 has submitted an 
``adequate'' program based on the interpretation outlined above. EPA 
expects States 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 may use the draft STIR as an aid in interpreting these 
requirements.

B. State of Hawaii

    On October 8, 1993, Hawaii submitted an application for program 
adequacy determination. EPA Region IX reviewed Hawaii's application and 
tentatively determined that all portions ensure compliance with the 
revised Federal Criteria. EPA proposes to fully approve Hawaii's MSWLF 
program. The State of Hawaii has the authority to enforce the 
requirements of the Revised Federal MSWLF Criteria at all MSWLFs in the 
State, and, according to its application, will have sufficient staff to 
carry out compliance and monitoring activities.
    The public may submit written comments on EPA's tentative 
determination until April 29, 1994. Copies of Hawaii's application are 
available for inspection and copying at the location indicated in the 
``ADDRESS'' section of this notice. If there is sufficient public 
interest, the Agency will hold a public hearing on April 18, 1994 at 9 
a.m. in the Prince Kuhio Federal Building, fifth floor conference room 
5124, 300 Ala Moana Blvd., Honolulu, HI. For information on 
how to express interest in a public hearing, see the last paragraph of 
the ``SUMMARY'' section.
    EPA will consider all public comments on its tentative 
determination received during the public comment period and during any 
public hearing held. Issues raised by those comments may be the basis 
for a determination of inadequacy for Hawaii's program. EPA will make a 
final decision on whether or not to approve Hawaii's program 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, 42 U.S.C. 6945(a), 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 
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 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 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 24, 1994.
Nora McGee,
Acting Regional Administrator.
[FR Doc. 94-5157 Filed 3-4-94; 8:45 am]
BILLING CODE 6560-50-F