[Federal Register Volume 59, Number 105 (Thursday, June 2, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-13455]


[[Page Unknown]]

[Federal Register: June 2, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
[FRL-4890-7]

 

Hawaii: Final Determination of Adequacy of State Municipal Solid 
Waste Permit Program

AGENCY: Environmental Protection Agency.

ACTION: Notice of final determination of full program adequacy for 
Hawaii's 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, 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 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 MSWLF 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 issued for public 
comment a tentative determination that Hawaii's permit program is 
adequate to assure compliance with the revised MSWLF Criteria. Based on 
a thorough review of Hawaii's MSWLF program and the fact that no 
comments were received from the public, EPA is today issuing a final 
determination that Hawaii's MSWLF program is adequate.

EFFECTIVE DATE: The determination of adequacy for Hawaii shall be 
effective on June 2, 1994.

FOR FURTHER INFORMATION CONTACT: U.S. 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 Tribal 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. 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.
    On October 8, 1993, Hawaii submitted an application for adequacy 
determination for Hawaii's MSWLF permit program. On March 7, 1994, EPA 
published a tentative determination of adequacy for all portions of 
Hawaii's MSWLF program. Further background on the tentative 
determination of adequacy appears at 59 FR 10644 (March 7, 1994).
    Along with the tentative determination, EPA announced the 
availability of the application for public comment. EPA received 
neither comments nor a request for a public meeting on this 
determination.
    The State of Hawaii has the authority to enforce the requirements 
of its MSWLF program at all MSWLFs in the State.

B. Decision

    In the tentative determination, EPA proposed to fully approve 
Hawaii's MSWLF program. Hawaii's application for adequacy determination 
meets all of the statutory and regulatory requirements established by 
RCRA. Accordingly, Hawaii is granted a determination of adequacy for 
all portions of its MSWLF 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 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).
    Today's action takes effect on the date of publication. 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 MSWLF program are already 
in effect as a matter of State 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 rule, therefore, does not require a 
regulatory flexibility analysis.

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

    Dated: May 10, 1994.
Harry Seraydarian,
Acting Regional Administrator.
[FR Doc. 94-13455 Filed 6-1-94; 8:45 am]
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