[Federal Register Volume 59, Number 181 (Tuesday, September 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23240]


[[Page Unknown]]

[Federal Register: September 20, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5074-7]

 

New Mexico; Adequacy Determination of State/Tribal Municipal 
Solid Waste Permit Program

AGENCY: Environmental Protection Agency.

ACTION: Notice of tentative determination on application of New Mexico 
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, 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/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 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 
the State/Tribe and the owner/operator regarding site-specific permit 
conditions. Only those owners/operators located in State/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.
    On July 20, 1994, New Mexico applied for a determination of 
adequacy under section 4005 of RCRA. EPA has reviewed New Mexico's 
MSWLF application and has made a tentative determination that all 
portions of New Mexico's MSWLF permit program are adequate to assure 
compliance with the revised MSWLF Criteria. New Mexico's application 
for program adequacy determination is available for public review and 
comment.
    Although RCRA does not require EPA to hold a public hearing on a 
determination to approve any State/Tribe's MSWLF program, the Region 
has scheduled a public hearing on this determination and will hold the 
hearing if a sufficient number of people express interest in 
participating in the hearing by writing the Region or calling the 
contact given below within 30 days of the date of publication of this 
notice. If a public hearing is held, it will take place on the date 
given below in the ``DATES'' section. The Region will notify all 
persons 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 person listed in the ``CONTACTS'' section 
below.
DATES: All comments on New Mexico's application for a determination of 
adequacy must be received by the close of business on October 20, 1994. 
If a public hearing is held, it will be scheduled for November 4, 1994 
in Santa Fe, New Mexico. State of New Mexico officials will participate 
in the hearing, if held by EPA.

ADDRESSES: Copies of New Mexico's application for adequacy 
determination are available during normal business hours for inspection 
and copying at the following addresses: New Mexico Environment 
Department, 1190 St. Francis Drive, Santa Fe, New Mexico, Mr. Gerald 
Silva, 505-827-2775; USEPA Region 6 Library, 1445 Ross Avenue, Dallas, 
Texas, Becky Weber, 214-665-6760. Written comments should be sent to 
USEPA Region 6, Becky Weber (6H-HW), 1445 Ross Avenue, Dallas, Texas 
75202-2733.

FOR FURTHER INFORMATION CONTACT: Becky Weber, USEPA Region 6, 1445 Ross 
Avenue, Dallas, Texas 75202-2733, 214-665-6760.

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 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 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 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) 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 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.

B. State of New Mexico

    On July 20, 1994, New Mexico submitted an application for adequacy 
determination. EPA has reviewed New Mexico's application and has 
tentatively determined that all portions of New Mexico's Subtitle D 
program will ensure compliance with the revised Federal Criteria.
    On July 8, 1994, the Solid Waste Management Regulations (EIB/SWMR-
4) were adopted by the Environmental Improvement Board. As required by 
the New Mexico State Rules Act, NMSA 1978, Section 14-4-5 (1988 Repl. 
Pamp.), EIB/SWMR-4 was filed with the New Mexico State Records Center 
and Archives on July 18, 1994, and will be in effect thirty days after 
filing or August 17, 1994. NMSA 1978, Section 74-1-9.G. EIB/SWMR-4 was 
scheduled to be published in the New Mexico Register on July 30, 1994.
    EPA has tentatively determined that New Mexico's application is 
consistent with the Federal Criteria and will make a final 
determination of adequacy after the amended regulations become 
effective.
    The public may submit written comments on EPA's tentative 
determination until October 20, 1994. Copies of New Mexico's 
application are available for inspection and copying at the location 
indicated in the ``ADDRESSES'' section of this notice. If there is 
sufficient public interest, the Agency will hold a public hearing on 
its tentative determination on November 4, 1994 at 10 a.m. at the New 
Mexico Environment Department in Santa Fe, New Mexico. Comments can be 
submitted as transcribed from the discussion of the hearing or in 
writing at the time of the hearing.
    EPA will consider all public comments on its tentative 
determination received during the public comment period and during the 
public hearing, if held. Issues raised by those comments may be the 
basis for a determination of inadequacy for New Mexico's program. EPA's 
final determination notice will include a summary of the reasons for 
the final determination and a response to all major comments.
    New Mexico's solid waste program is not enforceable on Indian 
lands.
    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 rule 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 section 
4005 of the Solid Waste Disposal Act as amended; 42 U.S.C. 6946.

Joe D. Winkle,
Acting Regional Administrator.
[FR Doc. 94-23240 Filed 9-19-94; 8:45 am]
BILLING CODE 6560-50-F