[Federal Register Volume 59, Number 182 (Wednesday, September 21, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23150]


[[Page Unknown]]

[Federal Register: September 21, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5074-5]

 

Massachusetts: Adequacy Determination of State/Tribal Municipal 
Solid Waste Permit Program

AGENCY: Environmental Protection Agency.

ACTION: Notice of Tentative Determination to Fully Approve the Adequacy 
of the Commonwealth of Massachusetts's Municipal Solid Waste Permitting 
Program, Extension of 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 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). RCRA section 
4005(c)(1)(C), 42 U.S.C. 6945(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 the 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/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 
flexibilities 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 shall apply to 
all permitted and unpermitted MSWLF facilities.
    The Commonwealth of Massachusetts has applied for a determination 
of adequacy under Section 4005(c)(1)(C) of RCRA, 42 USC 
Sec. 6945(c)(1)(C). EPA Region I has reviewed Massachusetts's MSWLF 
permit program adequacy application and has made a tentative 
determination that all portions of Massachusetts's MSWLF permit program 
are adequate to assure compliance with the revised MSWLF Criteria. The 
public comment period is being extended for 30 days in order to ensure 
that all interested parties have an opportunity to comment on the 
Massachusetts MSWLF permitting program. Massachusetts's application for 
program adequacy determination is available for public review and 
comment at the places listed in the ADDRESSES section below during 
regular office hours.

DATES: All comments on Massachusetts's application for a determination 
of adequacy must be received by the close of business on October 21, 
1994.

ADDRESSES: Copies of Massachusetts's application for adequacy 
determination are available during the hours of 8:00 a.m. to 5:00 p.m. 
at the following addresses for inspection and copying: Massachusetts 
Department of Environmental Protection, Division of Solid Waste 
Management, One Winter Street, 4th Floor, Boston, MA 02108; U.S. EPA 
Region I, Waste Management Division, Solid Waste Section, 90 Canal 
Street, Boston, MA 02203, Attn: Fred Friedman, telephone (617) 573-
9687. Written comments should be sent to Mr. John F. Hackler, Chief, 
Solid Waste Section, mail code HER-CAN6, EPA Region I, John F. Kennedy 
Federal Building, Boston, MA 02203-2211.

FOR FURTHER INFORMATION CONTACT: EPA Region I, John F. Kennedy Federal 
Building, Boston, MA 02203, Attn: Ms. Connie Dewire, mail code HER-
CAN6, telephone (617) 573-5719.

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 40 CFR Part 258. Subtitle D also requires in Section 
4005(c)(1)(C), 42 USC Sec. 6945(c)(1)(C) 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.
    The EPA intends to approve State/Tribal MSWLF permit programs prior 
to the promulgation of the STIR. EPA interprets the requirements for 
states or tribes to develop ``adequate'' programs for permits, or other 
forms of prior approval and conditions (for example, license to 
operate) 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. Second, the 
State/Tribe must have the authority to issue a permit or other notice 
of prior approval and conditions 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, 42 USC Sec. 6974(b). 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 STIR. 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. Commonwealth of Massachusetts

    On August 13, 1993, EPA Region I received Massachusetts's final 
MSWLF Permit Program application for adequacy determination. Region I 
reviewed the final application and submitted comments to Massachusetts. 
Massachusetts addressed EPA's comments and submitted a revised final 
application for adequacy determination on August 30, 1993. Region I 
received additional clarifying information on the Massachusetts MSWLF 
Permit Program on November 2, 1993 and March 23, 1994. Region I has 
reviewed Massachusetts's revised application and has tentatively 
determined that all portions of Massachusetts's MSWLF program meet all 
the requirements necessary to qualify for full program approval and 
ensures compliance with the revised Federal Criteria.
    The public may submit written comments on EPA's tentative 
determination until October 21, 1994. Copies of Massachusetts's 
application are available for inspection and copying at the location 
indicated in the ADDRESSES section of this notice.
    In the Commonwealth of Massachusetts, the jurisdiction for siting 
and permitting of solid waste management facilities lies with local 
boards of health and the Department of Environmental Protection (DEP), 
an agency falling under the Executive Office of Environmental Affairs 
(EOEA). The Department of Public Health (DPH) is also given an advisory 
role in the siting process. Authority for respective roles of the 
boards of health, DEP and DPH is granted by Chapter 111, section 150A 
of the Massachusetts General Laws. Region I based its decision of 
tentative full approval on the current approach for approving the 
construction and operation of MSWLFs in Massachusetts. This approach 
includes:
    (1) a review pursuant to the Massachusetts Environmental Policy Act 
(MEPA), a public information process that generally involves the 
submission of an Environmental Impact Report, which must be approved by 
the Secretary of the Office of Environmental Affairs; (2) a Site 
Assignment Process, which focuses on determining whether a specific 
location is suitable for a specific type of solid waste facility (the 
local board of health is responsible for granting a site assignment in 
accordance with the procedures and criteria at 310 CMR 16.00); and (3) 
a Solid Waste Management Facility Permit, a permit that must be 
obtained from DEP's Division of Solid Waste Management after completing 
the MEPA process and obtaining a site assignment. The permitting 
process regulates the design, operation and maintenance, closure, post-
closure and financial assurance aspects of a facility.
    The Massachusetts regulations require, at 310 CMR 19.021, the 
repermitting of all landfills existing as of the effective date of July 
1, 1990, unless they choose to close prior to July 1, 1992. 
Furthermore, the regulations at 310 CMR 19.022(1) require the 
completion of closure of all unlined areas of landfills by July 1, 
1995. A recent amendment of MGL c. 111, s. 150A makes the 1995 closure 
date applicable only to privately owned landfills.
    The design standard for new and lateral expansions of landfills 
currently in effect in Massachusetts includes a composite liner system 
which features: a subgrade layer which must ensure a minimum of four 
foot separation between the top of bedrock or the maximum high 
groundwater table and the bottom of the lowermost low permeability 
layer; a two foot, low permeability, soil/admixture layer having a 
maximum in-place saturated hydraulic conductivity of 1x10-7 cm/sec; a 
minimum 30-mil flexible membrane liner (60-mil minimum for high density 
polyethylene) in direct contact with the underlying soil/admixture; a 
drainage/protection layer; and a leachate collection system. 
Alternative liner designs must meet the performance standard for ground 
water protection systems found at 310 CMR 19.110 and do so in a manner 
which meets or exceeds the design standard of that section.
    The current siting criteria carefully restrict new or expanding 
landfills from being located in settings that may conflict with the 
Location Criteria specified in 40 CFR Sections 258.10, 258.11, 258.12, 
258.13, 258.14 and 258.16. By currently restricting landfills to such 
settings, Massachusetts has protected all state drinking water 
resources, whether surface water or groundwater, from the potential 
impact of leachate -an approach which EPA has determined to be an 
alternate to the 40 CFR Part 258 requirements, but still as protective 
as the federal requirements at 40 CFR Part 258. In addition, the 
Commonwealth's requirements are no less stringent than the requirements 
set forth at 40 CFR Part 258.
    The Massachusetts MSWLF Permitting Program features an unique 
approach to landfill assessment which includes four parts. The first 
part is an Initial Site Assessment (ISA), which examines the general 
history of the site, the types and amounts of waste landfilled, the 
size of the site and other historical information concerning the site. 
The second part is a Comprehensive Site Assessment (CSA) to 
characterize the nature and extent of any contamination that may exist. 
The CSA, which is used to develop a suitable closure strategy, 
involves, in its final step, a two-phased risk assessment approach to 
determine whether corrective action is warranted. The first phase of 
the risk assessment is called a qualitative risk assessment. The 
following three pieces of information are analyzed in this phase: the 
existence of contamination above standards or approved levels; the 
existence of potential public health or environmental receptors; and 
the existence of pathways which would serve to link contamination to 
receptors. If all three are determined to exist in any media (air, 
surface water, ground water or soil), the second phase in the risk 
assessment process, the quantitative risk assessment, is invoked as is 
a round of sampling for all the 40 CFR Part 258, Appendix II 
constituents. The third part of the landfill assessment is a Corrective 
Actions Alternatives Analysis (CAAA), which is conducted to determine 
the type of cap and any additional remediation measures which will be 
needed to properly close the sanitary landfill. The fourth and final 
part of the landfill assessment process is a Corrective Action Design 
(CAD), in which the landfill cap and any additional remediation 
measures are designed.
    Massachusetts covers the landfill assessment requirements in more 
detail in its Guidance on Conducting Qualitative Risk Assessments at 
Solid Waste Landfills and Guidance for Disposal Site Risk 
Characterization and Related Phase II Activities. The revised Landfill 
Assessment and Closure Guidance Manual (LAC Manual) is applicable to 
all existing MSWLFs and to all MSWLF permit applications effective July 
1, 1993. Massachusetts will implement its MSWLF permit program through 
enforceable permit conditions. To ensure compliance with the federal 
criteria, Massachusetts has revised its current permit requirements 
through the existing Supplement to Landfill Assessment and Closure 
Manual. These revisions occur in the following areas:
    1. The adoption of the EPA approved method 8260 to test ground 
water.
    2. Addition of the provision on the minimum distance of a ground 
water monitoring well from the landfill boundary.
    3. Compliance with the protocols for testing and analyzing ground 
water for constituents listed in Appendix II to Part 258.
    4. Compliance with the procedures for notifying the DEP about 
explosive levels of landfill gas.
    5. Compliance with the protocols for conducting inspections to 
detect presence of hazardous waste and procedures for reporting results 
of such inspections.
    6. Compliance with the minimum design standard for alternative 
landfill cover.
    The Massachusetts Department of Environmental Protection will 
update the permits of existing municipal solid waste landfills 
scheduled to remain open after the effective date of 40 CFR Part 258, 
to assure compliance with current state requirements. The Commonwealth 
of Massachusetts is not asserting jurisdiction over Tribal land 
recognized by the United States government for the purpose of this 
notice. Tribes recognized by the United States government are also 
required to comply with the terms and conditions found at 40 CFR Part 
258.
    The Commonwealth of Massachusetts is committed to implementing its 
MSWLF program in accordance with the principles of environmental 
equity. The Commonwealth has expressed this commitment in an addendum 
to the narrative portion of its application.
    EPA will consider all public comments on its tentative 
determination received during the public comment period. Issues raised 
by those comments may be the basis for a determination of inadequacy 
for Massachusetts's program. EPA will make a final decision on approval 
of the Commonwealth of Massachusetts's program and will give notice of 
the final determination in the Federal Register. The notice shall 
include a summary of the reasons for the final determination and a 
response to all significant comments.
    Section 4005(a) of RCRA, 42 USC Sec. 6945(a) provides that citizens 
may use the citizen suit provisions of Section 7002 of RCRA, 42 USC 
Sec. 6972 to enforce the Federal MSWLF criteria set forth 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 USC Sec. 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 USC Secs. 6912, 6945 and 6949a(c-c).

    Dated: September 8, 1994.
John P. DeVillars,
Regional Administrator.
[FR Doc. 94-23150 Filed 9-20-94; 8:45 am]
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