[Federal Register Volume 59, Number 56 (Wednesday, March 23, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6829]


[[Page Unknown]]

[Federal Register: March 23, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
[FRL-4853-9]

 

The Commonwealth of Puerto Rico; Adequacy Determination of State 
Municipal Solid Waste Permit Program

AGENCY: Environmental Protection Agency.

ACTION: Notice of Tentative Determination on Application of the 
Commonwealth of Puerto Rico 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 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/Tribe 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 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/Tribe permit programs provide for interaction between 
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.
    The Commonwealth of Puerto Rico applied for a determination of 
adequacy under section 4005 of RCRA. EPA reviewed Puerto Rico's MSWLF 
application and certain revisions thereto, and made a tentative 
determination that all portions of Puerto Rico's MSWLF permit program 
are adequate to assure compliance with the revised Federal Criteria. 
Puerto Rico's application for program adequacy determination and its 
revisions are available for public review and comment.
    Although RCRA does not require EPA to hold a hearing on any 
determination to approve a State/Tribe's MSWLF program, the Region has 
scheduled four public hearings on this tentative determination. Details 
appear below in the DATES section.

DATES: All comments on Puerto Rico's application for a determination of 
adequacy must be received by the close of business on May 12, 1994.
    Two public hearings will be held at the Solid Waste Management 
Authority in Hato Rey, Puerto Rico on May 11, 1994. The first hearing 
will begin at 1 p.m. and the second hearing will begin at 7 p.m. Two 
additional hearings will be held at the Mayaguez City Hall in Mayaguez, 
Puerto Rico on May 12, 1994. The first hearing in Mayaguez will begin 
at 1 p.m. and the second hearing will begin at 7 p.m. Puerto Rico will 
participate in the public hearings held by EPA on this subject.

ADDRESSES: Copies of Puerto Rico's application for adequacy are 
available between 8:30 a.m. and 5 p.m. at the following two addresses 
for inspection and copying: U.S. EPA Region II Library, 26 Federal 
Plaza, room 402, New York, New York, 10278, telephone (212) 264-2881, 
and U.S. EPA Caribbean Field Office, 1413 Fernandez Juncos Avenue, 
Office 2A, Santurce, Puerto Rico, 00909, telephone (809) 729-6922 
extension 222. Written comments should be sent to Carl-Axel P. 
Soderberg, Director, USEPA-Region II, Caribbean Field Office, 1413 
Fernandez Juncos Avenue, Santurce, Puerto Rico, 00909. The public 
hearings on May 11, 1994, will be held at the Solid Waste Management 
Authority, 268 Ponce De Leon Avenue, Puerto Rico Home Mortgage 
Building, 6th Floor, Hato Rey, Puerto Rico. The public hearings on May 
12, 1994, will be held at Mayaguez City Hall, Peral Street at the 
corner of McKinley in front of Plaza de Colon, Mayaguez, Puerto Rico.

FOR FURTHER INFORMATION CONTACT: Jenine Tankoos, U.S. EPA Region II, 
Mail Stop 2AWM, room 1006, 26 Federal Plaza, New York, New York, 10278, 
telephone (212) 264-1369.

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 that State municipal solid waste landfill permit programs 
are adequate to 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 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 or 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 
expects States/Tribes to meet all of these requirement for all elements 
of a MSWLF program before it gives full approval to a MSWLF program.

B. Commonwealth of Puerto Rico

    On October 8, 1993, the Commonwealth of Puerto Rico submitted an 
application for adequacy determination. On February 17, 1994, Puerto 
Rico made a revised submission. EPA reviewed Puerto Rico's application 
and the revised submission, and tentatively determined that all 
portions of Puerto Rico's Subtitle D program are adequate to provide 
compliance with the revised Federal Criteria.
    On October 4, 1993, Puerto Rico, acting through its Environmental 
Quality Board, adopted comprehensive, revised regulations governing 
solid waste disposal. These regulations are closely patterned after the 
40 CFR part 258 Federal Criteria. Certain technical and clarifying 
amendments have subsequently been considered by the Board and are 
expected to be adopted within the next several months. The purpose of 
the revised solid waste regulation and the amendments thereto are to 
bring Puerto Rico regulations into full conformity with 40 CFR part 258 
Federal Criteria. EPA has reviewed Puerto Rico's revised regulation and 
the technical and clarifying amendments thereto, described above, and 
has made a preliminary determination that their provisions are adequate 
to meet part 258 criteria.
    The Puerto Rico Environmental Quality Board has responsibility for 
implementing and enforcing solid waste management regulations, 
including a permit program, inspection authority and enforcement 
activities. In its application, Puerto Rico states that adequate 
technical, support, and legal personnel will be assigned to implement 
its permit program. In addition to identifying the individuals and 
offices that will be assigned to this effort, Puerto Rico has 
specifically assigned a complement of attorneys from the Environmental 
Quality Board to assist in the regulatory enforcement process. Puerto 
Rico has determined that at present there are 61 landfills throughout 
the Commonwealth, of which 31 will have stopped receiving waste by 
April 9, 1994 and will close in direct response to part 258 
requirements. Thirty landfills will remain open after April 9, 1994, of 
which 19 will be closed over the next 5 to 7 years, and 11 regional 
landfills will thereafter remain open. In recognition of the need to 
revise existing landfill permits to reflect the revised regulation and 
part 258 criteria, Puerto Rico plans to modify existing operating 
permits within the next two years for the 30 landfills that will remain 
open after April 9, 1994. Each modified operating permit will contain 
compliance provisions that will bring full compliance with the revised 
regulation and part 258 within a year's time.
    The EPA will hold four public hearings on its tentative decision. 
Two hearings will be held on May 11, 1994 at the Solid Waste Management 
Authority in Hato Rey, Puerto Rico. Two additional hearings will be 
held on May 12, 1994 at the Mayaguez City Hall in Mayaguez, Puerto 
Rico. On each of these dates, the first hearing will begin at 1 p.m. 
and the second hearing will begin at 7 p.m. Comments can be submitted 
orally at the hearing or in writing at the time of the hearing. The 
public may also submit written comments on EPA's tentative 
determination to the location indicated in the ADDRESSES section of 
this notice until May 12, 1994. Copies of Puerto Rico's application are 
available for inspection and copying at the locations indicated in the 
ADDRESSES section of this notice.
    EPA will consider all public comments on its tentative 
determination received during the public comment period and during each 
public hearing. Issues raised by those comments may be the basis for a 
determination of inadequacy for Puerto Rico's program. EPA expects to 
make a final decision on whether or not to approve Puerto Rico's 
program by June 24, 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 responses 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 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 will be considered to be in 
compliance with 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 requirement 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. 6946.

    Dated: March 15, 1994.
William J. Muszynski,
Acting Regional Administrator.
[FR Doc. 94-6829 Filed 3-22-94; 8:45 am]
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