[Federal Register Volume 59, Number 242 (Monday, December 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-31107]


[[Page Unknown]]

[Federal Register: December 19, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5124-9]

 

Arizona: Final Determination of Adequacy of State Municipal Solid 
Waste Permit Program

AGENCY: Environmental Protection Agency.

ACTION: Notice of Final Determination of Full Program Adequacy for 
Arizona's Application.

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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 landfill facilities (MSWLFs) which may receive hazardous 
household waste or small quantity generator hazardous waste will comply 
with the revised federal MSWLF criteria, codified at 40 CFR Part 258 
(the Federal MSWLF Criteria). 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 MSWLF 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 the Federal MSWLF Criteria apply to all MSWLFs, regardless of the 
approval status of any state program or individual facility.
    Arizona applied for a determination of adequacy under Section 4005 
of RCRA. EPA reviewed Arizona's application and issued for public 
comment a tentative determination that Arizona's program is adequate to 
ensure compliance with the revised MSWLF criteria. Based on a thorough 
review of Arizona's MSWLF program and the fact that the only comments 
EPA received supported the tentative determination, EPA is today 
issuing a final determination that Arizona's MSWLF program is adequate.

EFFECTIVE DATE: The determination of adequacy for Arizona shall be 
effective on December 19, 1994.

FOR FURTHER INFORMATION CONTACT: U.S. EPA Region IX, 75 Hawthorne 
Street, San Francisco, California, 94105. Attn: Ms. Donna J. Orebic, 
mail code H-W-3, telephone (415) 744-2092.

SUPPLEMENTARY INFORMATION:

A. Background

    On October 9, 1991, EPA promulgated the Federal MSWLF Criteria, 
codified at 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 MSWLF Criteria. 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 Federal MSWLF 
Criteria. To facilitate this requirement, the Agency has drafted and is 
in the process of proposing a State and Tribal Implementation Rule 
(STIR) that will provide procedures by which EPA will approve, or 
partially approve, State and Tribal landfill regulatory programs.
    EPA has approved, and will continue to approve, State MSWLF 
programs prior to the promulgation of the STIR. Prior to the 
promulgation of the STIR, adequacy determinations will continue to be 
made on the basis of 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 also must provide for public participation in 
facility approval and enforcement as required in Section 7004(b) of 
RCRA, 42 U.S.C. 6974(b). 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.
    On May 6, 1994, Arizona submitted an application for program 
adequacy determination. On September 15, 1994, EPA published a 
tentative determination of adequacy for all portions of Arizona's 
program. Further background on the tentative determination of adequacy 
appears at 59 FR 47332 (September 15, 1994).
    Along with the tentative determination, EPA announced the 
availability of the application for public comment. EPA received two 
comments supporting the determination, but no requests for a public 
meeting.

B. Decision

    In the tentative determination, EPA proposed to fully approve 
Arizona's MSWLF program. Arizona's application for adequacy 
determination meets all of the statutory and regulatory requirements 
established by RCRA. The State of Arizona has the authority to enforce 
the requirements of its MSWLF program at all MSWLFs in the State, with 
the exception of those located on Tribal Lands. Accordingly, Arizona is 
granted a determination of adequacy for all portions of its MSWLF 
program.
    In addition to enforcement by the States, 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 at 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).
    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 MSWLF program are already 
in effect as a matter of state law. EPA's action today does not impose 
any new 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 12291

    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 Sections 
2002, 4005 and 4007 of the Solid Waste Disposal Act, as amended, 42 
U.S.C. 6912, 6945, 6947.

    Dated: December 6, 1994.
Nora McGee,
Acting Regional Administrator.
[FR Doc. 94-31107 Filed 12-16-94; 8:45 am]
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