[Federal Register Volume 59, Number 199 (Monday, October 17, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-25466]


[[Page Unknown]]

[Federal Register: October 17, 1994]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-5090-8]

 

New Hampshire: 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 State of New Hampshire's Municipal Solid Waste Permitting 
Program, 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 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/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 
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 State of New Hampshire has applied for a determination of 
adequacy under Section 4005(c)(1)(C) of RCRA, 42 U.S.C. 6945(c)(1)(C). 
EPA Region I has reviewed New Hampshire's MSWLF permit program adequacy 
application and has made a tentative determination that all portions of 
New Hampshire's MSWLF permit program are adequate to assure compliance 
with the revised MSWLF Criteria. New Hampshire'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.
    Although RCRA does not require EPA to hold a public hearing on a 
determination to approve any State/Tribe's MSWLF permit program, the 
Region has tentatively scheduled a public hearing on this 
determination. If a sufficient number of persons express interest in 
participating in a hearing by writing to the Region I Solid Waste 
Program or calling the contact given below within 30 days of the date 
of publication of this notice, the Region will hold a hearing, in 
Concord, New Hampshire, on the date given below in the DATES section. 
The Region will notify all persons who submit comments on this notice 
if it appears that there is sufficient public interest to warrant a 
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 Hampshire's application for a determination 
of adequacy must be received by the close of business on November 16, 
1994. If there is sufficient interest, a public hearing will be held on 
December 2, 1994, at 10:00 a.m., in New Hampshire. The State will 
participate in the public hearing, if held by EPA on this subject.

ADDRESSES: Written comments should be sent to Mr. John F. Hackler, 
Chief, Solid Waste and Geographic Information Section, mail code HER-
CAN6, EPA Region I, John F. Kennedy Federal Building, Boston, MA 02203-
2211. The public hearing will be held at the offices of the New 
Hampshire Department of Environmental Services, Health and Human 
Services Building, 6 Hazen Drive, Concord, NH. Copies of New 
Hampshire's application for adequacy determination are available at the 
following addresses for inspection and copying: during the hours of 
8:00 a.m. to 4:00 p.m., New Hampshire Department of Environmental 
Services, Waste Management Division, Health and Human Resources 
Building, 6 Hazen Drive, Concord, NH, 03301, Attn: Ms. Ariel Parent, 
telephone (603) 271-2900; during the hours of 8:00 a.m. to 5:00 p.m., 
U.S. EPA Region I, 90 Canal Street, Boston, MA 02203, Attn: Fred 
Friedman, telephone (617) 573-9687.

FOR FURTHER INFORMATION CONTACT: EPA Region I, John F. Kennedy Federal 
Building, Boston, MA 02203-2211, Attn: Mr. Aaron R. Gilbert, mail code 
HER-CAN6, telephone (617) 223-5530.

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 U.S.C. 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 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. Next, 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 
U.S.C. 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. State of New Hampshire

    On July 7, 1993, EPA Region I received New Hampshire's final MSWLF 
Permit Program application for adequacy determination. Region I 
reviewed the final application, submitted comments to New Hampshire, 
and requested additional information about state program 
implementation. New Hampshire addressed EPA's comments, provided the 
requested additional information, and submitted a revised final 
application for adequacy determination on August 30, 1994. Region I has 
reviewed New Hampshire's revised application and has tentatively 
determined that all portions of New Hampshire'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 November 16, 1994. Copies of New Hampshire's 
application are available for inspection and copying at the location 
indicated in the ADDRESSES section of this notice.
    The State of New Hampshire's Solid Waste Rules reflect the dynamic 
nature of solid waste management by establishing minimum standards to 
protect human health and the environment as well as performance-based 
standards. These requirements are in keeping with the Federal Criteria 
for municipal solid waste disposal in that they specify a standard to 
be achieved and then allow flexibility to achieve that standard in 
innovative ways.
    To ensure full compliance with the Federal Criteria, New Hampshire 
has revised its current MSWLF permitting requirements by development of 
the Guidance Document for the State Permitting of Municipal Solid Waste 
Landfills Regulated Under Federal Rules (40 CFR Part 258) in New 
Hampshire. This guidance document has incorporated those requirements 
from the federal criteria not found in the State's existing MSWLF 
program and are applicable to all existing MSWLFs and to all MSWLF 
permit applications. New Hampshire will implement its MSWLF permit 
program through enforceable permit conditions. These new requirements 
occur in the following areas:
    1. The adoption of the following definitions as required by the 
revised Federal Criteria, 40 CFR 258.2: active life, active portion, 
director, household waste, industrial solid waste, owner, saturated 
zone, sludge, solid waste, state, state director, and waste management 
unit boundary.
    2. Compliance with the new location restrictions of 40 CFR 258.10, 
258.11. 258.12, 258.13, 258.14, 258.15, and 258.16, which pertain to 
airport safety, floodplains, wetlands, fault areas, seismic impact 
zones, unstable areas and closure of existing MSWLF units.
    3. Compliance with the new operating criteria of 40 CFR 288.20, 
258.21, 258.23, 258.24, 258.28, 258.29, which pertain to excluding the 
receipt of hazardous waste, cover material requirements, explosive 
gases control, air criteria, liquid restrictions, and record keeping 
requirements.
    4. Compliance with the design criteria of 40 CFR 258.40.
    5. Compliance with the ground-water monitoring and corrective 
action requirements of 40 CFR 258.53, 258.54, 258.55, 258.56, 258.57, 
and 258.58, which pertain to groundwater sampling and analysis 
requirements, detection monitoring, assessment monitoring, assessment 
of corrective measures, selection of remedy, and implementation of the 
corrective action program.
    6. Compliance with the closure and post-closure criteria of 258.60 
and 258.61.
    7. Compliance with the financial assurance criteria of 40 CFR 
258.70, 258.71, 258.72, 258.73, and 258.74, which pertain to 
applicability and effective date, financial assurance for closure, 
financial assurance for post-closure care, financial assurance for 
corrective action, and allowable mechanisms.
    New Hampshire's Department of Environmental Services requires all 
existing MSWLFs to have either an existing permit or a temporary 
permit, both of which require compliance with the Federal Criteria in 
40 CFR Part 258 pursuant to state laws and regulations, found at New 
Hampshire Revised Statutes Annotated Chapter 149-M:11 and New Hampshire 
Code of Administrative Rules Env-Wm 308.03. The State of New Hampshire 
is not asserting jurisdiction over Indian 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 State of New Hampshire is committed to implementing its MSWLF 
program in accordance with the principles of environmental justice. The 
State has expressed this commitment in the narrative portion of its 
application.
    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 New Hampshire's program. EPA will 
make a final decision on approval of the State of New Hampshire'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 U.S.C. 6945(a), provides that citizens 
may use the citizen suit provisions of Section 7002 of RCRA, 42 USC 
6972, to enforce the Federal 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 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 
4005 of the Solid Waste Disposal Act, as amended, 42 U.S.C. 6946.

    Dated: September 30, 1994.
John P. DeVillars,
Regional Administrator.
[FR Doc. 94-25466 Filed 10-14-94; 8:45 am]
BILLING CODE 6560-50-P