[Federal Register Volume 59, Number 157 (Tuesday, August 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20041]


[[Page Unknown]]

[Federal Register: August 16, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5052-9]

 

Oklahoma; Amended Final Determination of Adequacy of State 
Municipal Solid Waste Permit Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Final Determination on Application of Oklahoma for 
Full Program Adequacy Determination.

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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) 
that may receive hazardous household waste or small quantity generator 
waste will comply with the revised Federal MSWLF Criteria (40 CFR Part 
258). 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. 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.
    On August 10, 1993, Oklahoma applied for a determination of 
adequacy under Section 4005 of RCRA. After review, publication and 
consideration of all public comments, EPA temporarily approved 
Oklahoma's Municipal Solid Waste Landfill Permitting program on 
December 28, 1993 (58 FR 68643, 68644) good through June 30, 1994 
allowing Oklahoma time to promulgate permanent rules. On June 20, 1994, 
the State of Oklahoma submitted permanent rules which were approved by 
the Governor on May 3, 1994 and became effective July 1, 1994. Today, 
EPA is issuing an amended final determination that the State's rules 
are permanent and Oklahoma's Municipal Solid Waste program is adequate 
to meet the requirements of 40 CFR Part 258.

EFFECTIVE DATE: This amended determination of adequacy for Oklahoma 
shall be effective on August 16, 1994.

FOR FURTHER INFORMATION CONTACT: Becky Weber, Chief, Solid Waste 
Section, US EPA Region 6, Dallas, Texas 75202; (214) 655-6760.

SUPPLEMENTARY INFORMATION:

A. Background

    On August 10, 1993, Oklahoma submitted an application for adequacy 
determination for Oklahoma's municipal solid waste landfill permit 
program. This application included temporary solid waste rules which 
expired on June 30, 1994. On September 16, 1993, EPA published a 
tentative determination of adequacy for all portions of Oklahoma's 
program at 58 FR 48516, 48518. On December 28, 1993, after review and 
consideration of all public comments, EPA published a final 
determination for full program adequacy at 58 FR 68643, 68644 which 
expired June 30, 1994. On March 23, 1994, the Oklahoma Department of 
Environmental Quality board adopted revised solid waste regulations. 
These new regulations were signed on May 3, 1994 by the Governor of 
Oklahoma. Since the Legislature of the State of Oklahoma did not act to 
change these regulations on or before May 17, 1994, the permanent 
regulations are effective automatically on July 1, 1994.

B. Decision

    EPA has reviewed the minor changes made to the Oklahoma Solid Waste 
Regulations by the Department of Environmental Quality Board on March 
23, 1994. EPA has found no substantial changes from the rules approved 
on December 28, 1994 that affect Oklahoma's ability to adequately 
conduct the permitting and enforcement of Subtitle D of the Resource 
Conservation and Recovery Act (RCRA) on Municipal Solid Waste Landfills 
in the State of Oklahoma, therefore, EPA concludes that Oklahoma's 
application for adequacy determination meets all of the statutory and 
regulatory requirements established by RCRA. Accordingly, Oklahoma 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 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/Tribe's program are already 
in effect as a matter of State/Tribal law. EPA's action today does not 
impose any new compliance requirements on the regulated community. 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 2002, 4005, 
4006, and 4010(c) of the Solid Waste Disposal Act, as amended.
A.M. Davis,
Acting Regional Administrator.
[FR Doc. 94-20041 Filed 8-15-94; 8:45 am]
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