[Federal Register Volume 59, Number 178 (Thursday, September 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-22854]


[[Page Unknown]]

[Federal Register: September 15, 1994]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-5072-5]

 

Arizona: Adequacy Determination of State Municipal Solid Waste 
Permit Program

AGENCY: Environmental Protection Agency.

ACTION: Notice of Tentative Determination on Application of Arizona 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 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 regulatory 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 regulatory 
programs for MSWLFs.
    Approved state MSWLF programs provide interaction between the State 
and MSWLFs owners and operators regarding site-specific approval 
conditions. Only owners or operators located in States with approved 
programs can use the site-specific flexibility provided by 40 CFR Part 
258 to the extent the state program allows such flexibility. EPA notes 
that regardless of the approval status of a State program or of any 
individual MSWLF facility, the federal MSWLF criteria will apply to all 
MSWLF facilities.
    Arizona applied for a determination of adequacy under Section 4005 
of RCRA. EPA has reviewed Arizona's application and is issuing for 
public comment a tentative determination that Arizona's regulatory 
program is adequate to ensure compliance with the revised MSWLF 
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 parties express interest in participating in a 
hearing by writing or calling the EPA Region IX 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 section entitled 
DATES. 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 contact listed below in the section entitled 
FOR FURTHER INFORMATION. Representatives from the Arizona Department of 
Environmental Quality will participate in the public hearing on this 
subject, if one is held.

DATES: All comments on Arizona's application for a determination of 
adequacy must be received by U.S. EPA by the close of business on 
November 7, 1994. EPA Region IX has tentatively scheduled a public 
hearing for October 28, 1994.

ADDRESSES: Copies of Arizona'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: Arizona Department of 
Environmental Quality, Program Development and Recycling Unit, 5th 
floor, 3033 North Central Avenue, Phoenix, Arizona 85012; or U.S. EPA 
Region IX Library, 75 Hawthorne Street, 13th floor, San Francisco, 
California 94105, phone (415) 744-1510. Written comments should be sent 
to Arthur Haubenstock, mail code RC-3-3, EPA Region IX, 75 Hawthorne 
Street, San Francisco, California 94105.

FOR FURTHER INFORMATION CONTACT: EPA Region IX, 75 Hawthorne Street, 
San Francisco, California, 94105. Attn: Arthur Haubenstock, mail code 
RC-3-3, phone (415) 744-1355.

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 regulatory programs to ensure that MSWLFs comply with 
the federal criteria under 40 CFR Part 258. Section 4005 of RCRA, 42 
U.S.C. 6945, also requires that EPA determine the adequacy of state 
MSWLF 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 regulatory 
programs.
    EPA has approved, and will continue to approve, State MSWLF 
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'' regulatory 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 facility approval 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.

B. State of Arizona

    On May 6, 1994, Arizona submitted an application for program 
adequacy determination. EPA Region IX reviewed Arizona's application 
and tentatively determined that all portions ensure compliance with the 
revised federal criteria. The State of Arizona has the authority to 
enforce the requirements of the revised federal MSWLF criteria at all 
MSWLFs in the State, with the exception of those located on tribal 
lands. EPA proposes to fully approve Arizona's MSWLF program.
    The public may submit written comments on EPA's tentative 
determination until November 7, 1994. Copies of Arizona's application 
are available for inspection and copying at the location indicated in 
the section of this notice entitled ADDRESSES. If there is sufficient 
public interest, the Agency will hold a public hearing on October 28 at 
3 p.m. at Arizona Department of Environmental Quality, Public Meeting 
Room (South Mall area), 3033 North Central Avenue, Phoenix, Arizona.
    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 Arizona's program. EPA will make 
a final decision on whether or not to approve Arizona'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 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 Sections 2002, 4005 
and 4010(c) of the Solid Waste Disposal Act, as amended, 42 U.S.C. 
6912, 6945, 6949a(c).

    Dated: September 6, 1994.
John C. Wise
Acting Regional Administrator.
[FR Doc. 94-22854 Filed 9-14-94; 8:45 am]
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