[Federal Register Volume 59, Number 62 (Thursday, March 31, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-7707]


[[Page Unknown]]

[Federal Register: March 31, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
[FRL-4856-4]

 

Virginia: Partial Program Determination of Adequacy of the 
Commonwealth's Municipal Solid Waste Landfill Permit Program

AGENCY: Environmental Protection Agency.

ACTION: Notice of Partial Program Determination of Adequacy for the 
Commonwealth of Virginia's Amended Application.

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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 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 
statutory authorities and requirements. In addition, States/Tribes may 
use the draft STIR as an aid in interpreting these requirements. The 
Agency believes that approvals prior to the finalization of the STIR 
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 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.
    The Commonwealth of Virginia, through the Virginia Department of 
Environmental Quality (VADEQ), has submitted an amended application for 
a partial program determination of adequacy under section 4005 of RCRA. 
EPA has reviewed Virginia's MSWLF application, dated December 22, 1993, 
and today is issuing a determination of adequacy for those portions of 
the Virginia MSWLF permit program that are adequate to ensure 
compliance with the revised MSWLF Criteria. The portions of Virginia's 
program which are subject to this approval are described later in this 
notice. Virginia plans to further revise their program to assure 
complete compliance with the revised EPA Criteria and apply for full 
program approval in the near future. Virginia's original and amended 
applications for partial program adequacy determination are available 
for public review and comment at the locations listed below. Comments 
in writing must be submitted to the EPA office listed below by May 2, 
1994 to be considered.

EFFECTIVE DATE: This adequacy determination summarizes the Agency's 
decision and the portion(s) of the state MSWLF permit program affected, 
and provides an opportunity to comment for a period of 30 days. This 
determination of adequacy for Virginia shall be effective May 31, 1994, 
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.

ADDRESSES: Copies of Virginia's original and amended application for 
partial adequacy determination are available from 9 a.m. to 4 p.m. 
during normal working days at the following addresses for inspection 
and copying: Virginia Department of Environmental Quality, 629 East 
Main Street, Richmond, Virginia 23240-0009, Attn: Dr. Walt Gulevich; 
and U.S. EPA Region III, 841 Chestnut Street, Philadelphia, 
Pennsylvania 19107; Attn: Mr. Andrew Uricheck, mailcode 3HW53. All 
written comments must be sent to the EPA Region III office.

FOR FURTHER INFORMATION CONTACT: U.S. EPA Region III, 841 Chestnut 
Building, Philadelphia, Pennsylvania 19107, Attn: Mr. Andrew R. 
Uricheck, mailcode (3HW53), telephone (215) 597-7936.

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 40 CFR part 258. RCRA 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 the State/Tribal 
Implementation Rule (STIR). The rule will specify the requirements 
which State/Tribal programs must satisfy to be determined adequate.
    In the proposed STIR, EPA provides for partial program approval if:
    (1) The Regional Administrator determines that the State/Tribal 
permit program largely meets the requirements for ensuring compliance 
with 40 CFR part 258;
    (2) Changes to a limited narrow part(s) of the State/Tribal permit 
program are needed to meet these requirements; and,
    (3) Provisions not included in the partially approved portions of 
the State/Tribal permit program are a clearly identifiable and 
separable subset(s) of 40 CFR part 258. These requirements when 
promulgated will address the potential problems posed by the dual 
State/Tribal and Federal programs that became effective in October 1993 
in those States/Tribes that only have partial approvals of their MSWLF 
programs. Owners and operators of MSWLFs subject to such dual programs 
needed to understand which requirements apply and comply with them. In 
addition, the Federal program that is in effect must mesh with the 
approved portions of the State/Tribal program to leave no significant 
gaps in regulatory control of MSWLFs. Partial approval allows 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 Criteria's flexibility for 
those portions of the program which have been approved.
    As provided in the October 9, 1991 municipal landfill rule, EPA's 
national Subtitle D standards took effect on October 9, 1993. 
Consequently, portions of the Federal Criteria that are not included in 
an approved State/Tribal program apply directly to the owner/operator 
without the flexibility afforded to approved States/Tribes. 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 climate 
related disruption of surface transportation. Certain large facilities 
receiving waste from flood disaster areas are also allowed an extension 
of the compliance date if the State determines that these facilities 
are needed for the disposal of flood debris. Most of these extensions 
do not apply to facilities in Virginia. In addition, any state 
regulations more stringent in scope or timing would prevail over the 
Federal requirements.
    EPA intends to approve portions of 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)(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 
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 submission of a schedule mandatory in STIR.

B. Commonwealth of Virginia

    On February 3, 1993, Vol. 58, No. 21 FR at 6955, EPA issued its 
initial final determination of partial program approval for the 
Commonwealth of Virginia. On December 22, 1993, Virginia submitted an 
amended application for a further partial program adequacy 
determination. In the December 22, 1993 submittal, Virginia included 
their revised Municipal Solid Waste regulations which became effective 
on March 15, 1993. EPA has reviewed Virginia's most recent application 
and has determined that the following portions of the Commonwealth's 
Subtitle D program will ensure compliance with the Federal revised 
Criteria.
    1. Definitions for active life, active portion, existing unit, 
fault, lateral expansion, run-on, saturated zone, seismic impact zone, 
unstable area, and uppermost aquifer in 40 CFR 258.2, 258.13, 258.14, 
and 258.15, respectively;
    2. Location restrictions for the post-facto demonstrations for 
airport safety, floodplains and unstable areas, and the prohibition of 
location in wetlands without demonstration in 40 CFR 258.10, 258.11, 
258.15 and 258.12, respectively;
    3. Operating requirements for the following: exclusion of hazardous 
waste; daily cover; explosive gases control; and recordkeeping in 40 
CFR 258.20, 258.21, 258.23 and 258.29, respectively;
    4. Composite liner requirement consisting of an upper component of 
a minimum of 30-mil flexible membrane liner (or 60-mil high density 
polyethylene) installed in direct and uniform contact over a lower 
component of at least a two-foot layer of compacted soil with a 
hydraulic conductivity of not more than 1 x 10-7 cm/sec contained 
in 40 CFR 258.40; or the option of demonstrating that an alternate 
liner system meets the performance standard described in 258.40(a)(1);
    5. Groundwater sampling and monitoring requirements, including the 
structure and parameter coverage listed in Appendices I and II, that 
are consistent with the federal Criteria under 40 CFR 258.53 and 
258.54; and
    6. Criteria pertaining to a length of the post-closure period as 30 
years, and the level of detail as specified in 40 CFR 258.61.
    The portions of the Virginia program listed above being proposed 
for approval at this time, are in addition to those portions previously 
approved by EPA in its initial partial approval notice dated February 
3, 1993. With this approval, only the Financial Assurance Subpart G (40 
CFR 258.70 through 258.74) remains unapproved in Virginia.
    Virginia's MSWLF permit program has the authority to issue permits 
that incorporate the requirements of the revised Federal MSWLF Criteria 
to all MSWLFs in the Commonwealth of Virginia. In addition, the EPA has 
determined that Virginia's permit program provides for public 
participation, compliance monitoring, and enforcement.
    As a state's regulations and statutes are further amended to comply 
with the full federal MSWLF landfill regulations, unapproved portions 
of a partially approved MSWLF permit program may be approved by the 
EPA. The Commonwealth may submit an amended application to EPA for 
review and a further adequacy determination. Any future adequacy 
determination will be published in the Federal Register summarizing the 
Agency's decision and the portion(s) of the State/Tribal MSWLF permit 
program affected. An opportunity for the public to comment during a 
period of 30 days will be provided. The adequacy determination will 
become effective May 31, 1994 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.
    To ensure compliance with all of the revised Federal MSWLF Criteria 
for obtaining final full program approval, Virginia intends to revise 
their financial assurance regulations to include Subpart G of the 
Federal Criteria. The 1993 session of the Virginia General Assembly 
amended section 10.1-1410.C. of the Virginia Waste Management Act to 
remove the exemption for the local governing bodies from the financial 
assurance requirements. The effective date of the amendment was July 1, 
1993. On July 7, 1993, the Department initiated the rulemaking 
procedures to amend its Financial Assurance Regulations. Virginia has 
submitted a schedule indicating that they expect the Virginia Waste 
Management Board to promulgate amended regulations by November, 1994, 
with an effective date in January, 1995. Virginia intends to apply for 
final full program approval after promulgating these regulations which 
will include the Financial Assurance requirements found in 40 CFR 
258.70 through 258.74. To allow the Commonwealth to exercise some of 
the flexibility allowed in states with adequate permit programs, EPA 
proposes to approve all of those portions of the Commonwealth's program 
that are currently in compliance with the Federal program.
    EPA reviewed the Commonwealth's schedule and believes it is 
reasonable because EPA's financial assurance requirements do not take 
effect until April 9, 1995. With a January, 1995 effective date, the 
Commonwealth's regulations will be implemented three months ahead of 
the Federal regulations. In addition, the Commonwealth has removed the 
financial assurance exemption for local governments.
    The public may submit written comments on EPA's tentative 
determination until May 2, 1994. Copies of Virginia's original and 
amended application are available for inspection and copying at the 
location indicated in the ``Addresses'' section of this notice. EPA 
will consider all significant public comments on its determination 
received during the public comment period.
    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 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 tentative 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 proposed notice, therefore, 
does not require a regulatory flexibility analysis.

    Authority: This notice is issued under the authority of section 
2002, 4005 and 4010(c) of the Solid Waste Disposal Act, as amended; 
42 U.S.C. 6912, 6945 and 6949(a)(c).

    Dated: March 18, 1994.
Stanley L. Laskowski,
Acting Regional Administrator.
[FR Doc. 94-7707 Filed 3-30-94; 8:45 am]
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