[Federal Register Volume 59, Number 245 (Thursday, December 22, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-31201]


[[Page Unknown]]

[Federal Register: December 22, 1994]


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DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 6

RIN 1024-AB95

 

Solid Waste Sites in Units of the National Park System

AGENCY: National Park Service, Interior.

ACTION: Final rule.

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SUMMARY: The National Park Service (NPS), in accordance with 16 U.S.C. 
460l-22, by this rule restricts the creation of new solid waste 
disposal sites in units of the National Park System and controls the 
operations of such sites, in existence as of September 1, 1984, so as 
to minimize adverse effects to the environment and visitor enjoyment in 
units of the National Park System.

EFFECTIVE DATE: These regulations will become effective on January 23, 
1995.

FOR FURTHER INFORMATION CONTACT: Shawn Norton, National Park Service 
Engineering and Safety Services Division, 800 North Capitol Street, 
Washington, DC 20001, (202) 343-7040.

SUPPLEMENTARY INFORMATION:

Background

    In 1984, the Congress enacted legislation, Pub. L. 98-506 (98 Stat. 
2338) codified at 16 U.S.C. 460l-22(c) (the Act), to prohibit the 
operation of ``solid waste disposal sites'' within units of the 
National Park System except for those ``operating as of September 1, 
1984,'' or those ``used only for disposal of wastes generated within 
that unit so long as such site will not degrade any of the natural or 
cultural resources'' of the unit. The Act went on to direct the 
Secretary of the Interior to promulgate regulations to ``carry out the 
provisions of this subsection, including reasonable regulations to 
mitigate the adverse effects of solid waste disposal sites in operation 
as of September 1, 1984, upon the property of the United States.'' The 
regulations implement those statutory provisions. Further authority for 
the restriction and controls on operations of existing solid waste 
disposal sites is found in the Act of August 16, 1916, as amended, (NPS 
Organic Act) codified at 16 U.S.C. 1 and 3.

Summary of Comments

    These rules were published in proposed form for public comment on 
December 13, 1993 (58 FR 65141-65149) with a comment period of 60 
calendar days. The comment period closed at the end of business, 
February 11, 1994. The National Park Service received seven timely 
comments regarding the proposed regulations. Because Federal offices in 
Washington, DC were closed on February 11, 1994 due to a snow 
emergency, and the NPS could not accept comments on that day, the NPS 
accepted comments received on Monday, February 14, 1994. Comments were 
received from two States, two individuals, one organization, and two 
offices within the National Park Service. Of the seven comments, three 
were either fully supportive of the rule or advocated further 
restrictions. The other four comments questioned both the scope and the 
meaning of the rule.

Analysis of Comments

Section 6.2  Applicability and Scope

    The regulations are generally applicable to any solid waste 
disposal site operated in, or proposed for operation in, units of the 
National Park System. Two comments sought clarification of this rule 
and how it coincides with State regulations. The States, under the 
overall aegis of the PU.S. Environmental Protection Agency (EPA), are 
the primary regulatory authorities for solid waste disposal sites on 
all lands within the boundaries of National Park System units, 
including Federal lands (See Resource Conservation and Recovery Act at 
42 U.S.C. 6961). This rule does not duplicate existing State regulatory 
controls for solid waste disposal sites in units of the National Park 
System. Rather, this rule governs the conditions under which a solid 
waste disposal site may exist within the boundaries of a National Park 
System unit, not whether the site meets the standards of EPA and State 
regulations.
    The National Park Service does not intend to displace the States by 
administering the standards of 40 CFR parts 257 and 258, Solid Waste 
Disposal Facility Criteria, to sites within the boundaries of National 
Park System units.
    One comment asked what action the National Park Service would take 
should the appropriate unit of State or local government fail to apply 
the standards at 40 CFR parts 257 and 258 to a solid waste disposal 
site within a National Park System unit. In such cases, the NPS 
Regional Director for the unit involved would notify the EPA and the 
appropriate States to secure enforcement of regulations by the proper 
entity. Where an operator of a solid waste disposal site is governed by 
a National Park Service permit under 36 CFR 6.4, 6.5, or 6.6 of this 
part, the Regional Director may, among other things, revoke a permit to 
operate under Sec. 6.12 of this part for operator failure to comply 
with EPA or State regulations governing solid waste disposal. Language 
has been added to Sec. 6.12 of the final rule to include noncompliance 
with State regulations or standards at 40 CFR parts 257 and 258 as a 
basis for which permit revocation, forfeiture of bond, or penalties may 
be applied.
    One comment requested that the rule also apply to solid waste 
disposal sites adjacent to units of the National Park System. In the 
context of Pub. L. 98-506, the Service concludes that the regulation of 
existing sites and the prohibition of new sites apply only to lands and 
waters within the boundaries of a National Park System unit. Therefore, 
the final rule does not extend its reach beyond unit boundaries.
    Three comments questioned whether the rule applies to nonfederal 
lands within the boundaries of National Park System units. The final 
rule, as does the proposed, applies to all nonfederal lands within such 
boundaries, without regard to title. Congress explicitly directed that 
the law apply ``* * * within the boundary of any unit of the National 
Park System.'' It is not within the authority of the National Park 
Service to rewrite an act of Congress and limit the rule's 
applicability to only ``Federal lands within the boundary.''
    There are many statutes establishing National Park System units. A 
brief survey of these statutes disclosed that the phrase ``within the 
boundaries'' is commonly employed to refer to both Federal land and 
nonfederally owned land or interests in land within the outer 
boundaries a unit. The statute, Pub. L. 98-506, that mandates this 
final rule specifically uses the term ``within the boundary of any unit 
of the National Park System.'' (Emphasis added)
    One comment from Alaska noted that 36 CFR 1.2 applies only certain 
regulations to nonfederal lands, and then, only in those units under 
the concurrent or exclusive legislative jurisdiction of the United 
States. However, the self-imposed limitation of 36 CFR 1.2(b) applies 
only to regulations at 36 CFR parts 1 through 5 and 7. Because Congress 
specifically enacted a statute, Pub. L. 98-506, that applies to all 
lands within the boundaries of a unit, the regulations derived from 
that statute are not limited by 36 CFR 1.2(b).
    The situation most analogous to 36 CFR part 6 is 36 CFR part 9, 
subpart A, Mining and Mining Claims. The regulations at 36 CFR part 9A 
apply to all mining claims within a unit, both patented and unpatented, 
and in all parks, even in those where the United States exercises 
neither concurrent nor exclusive legislative jurisdiction. Thus, for 
example, patented claims, which are private property in every sense of 
the word, in Death Valley National Monument, or the Kantishna area of 
Denali National Park and Preserve (areas of proprietary jurisdiction 
only) are governed by 36 CFR part 9 subpart A, notwithstanding 36 CFR 
1.2(b). The same principle applies to 36 CFR part 6.
    Three comments questioned whether the regulations apply to 
nonfederal lands within unit boundaries in units of the National Park 
System specifically in Alaska. (Alaska units of the National Park 
System contain approximately 2.7 million nonfederal acres of a total of 
over 54 million acres encompassed within their boundaries, or 
approximately 5% of the total acreage.)
    The basis for the comments from Alaska lies in section 103(c) of 
the Alaska National Interest Lands Conservation Act (ANILCA) (16 U.S.C. 
3103(c)). That language states:

    Only those lands within the boundaries of any conservation 
system unit which are public lands (as such term is defined in this 
Act) shall be deemed to be included as a portion of such unit. No 
lands which, before, on, or after the date of enactment of this act, 
are conveyed to the State, to any Native Corporation, or any private 
party shall be subject to the regulations applicable solely to 
public lands within such units. If the State, a Native Corporation, 
or other owner desires to convey any such lands, the Secretary may 
acquire such lands in accordance with applicable law (including this 
Act), and any such lands shall become part of the unit, and be 
administered accordingly. (Emphasis added)

The comments from Alaska cite this language to raise the significant 
issue of whether nonfederal lands within National Park System units in 
Alaska are part of the units at all, and thus subject to any NPS 
regulations, including the final rule at 36 CFR part 6.
    Section 103(c) language creates a question of statutory 
interpretation. Namely, does this section effectively render the solid 
waste site law (Pub. L. 98-506), and its implementing regulations, 
inapplicable to all nonfederal lands in National Park System units in 
Alaska? Or does it simply mean that the non-federal lands are not be to 
be administered as part of the conservation unit in the same manner as 
the Federal lands? It is the Service's opinion that the language of 
section 103(c) does not render the final rule at 36 CFR part 6 
inapplicable to nonfederal lands in units of the National Park System 
in Alaska because of the presence of the word ``solely.'' Since Pub. L. 
98-506 authorizes the regulation of solid waste disposal sites, and 
prohibits all but certain such sites, ``within the boundary of any unit 
of the National Park System,'' neither the law, nor its regulations 
apply ``solely'' to public lands within the units.
    The other possibility is that section 103(c) renders Pub. L. 98-506 
inapplicable by its own terms. Pub. L. 98-506 applies ``within the 
boundary of any unit of the National Park System.'' The first sentence 
of section 103(c) specifies:

    Only those lands within the boundaries of any conservation 
system units which are public lands (as such term is defined in this 
Act) shall be deemed to be included as a portion of such unit. 
(Emphasis added)

Under this argument, since nonfederal lands are not ``a portion of'' a 
unit, they are not ``within the boundary of a National Park System 
unit'' and thus not subject to this regulation. The Service believes 
that the better view of the law negates this argument.
    Pub. L. 98-506 applies ``within the boundary of any unit of the 
National Park System.'' Words in a statute generally are to be given 
their common meaning. The common understanding of the words ``within 
the boundary'' is that something be within the outer limits. It does 
not mean the same thing as ``a portion of.'' Perhaps the best 
indication of this analysis is the use of the word ``within'' in the 
Alaska Lands Act itself. Section 1301(b)(7) (16 U.S.C. 3191(b)), refers 
to ``privately owned areas, if any, which are within such unit.'' Thus, 
while there are no privately-owned areas which are ``a portion of'' the 
unit, the Alaska Lands Act recognizes that there are privately-owned 
areas ``within'' a unit.
    Section 103(c) itself speaks of ``only those lands within the 
boundaries of any conservation system unit which are public lands,'' 
thus implying the existence of non-public lands within those 
boundaries. The Service therefore concludes from the language of 
section 103(c) itself that nonfederal lands are ``within'' the 
boundaries of Alaska units of the National Park System even if they are 
not ``a portion of'' the unit.
    The comments from Alaska offer an opportunity to further clarify 
the applicability of 36 CFR part 6 and illuminate the exceptions to 
this rule that are specifically aimed at small private residential 
inholders. Persons who either reside or farm within the exterior 
boundaries of a National Park System unit need not submit a request and 
obtain a permit from the Regional Director for the disposal of 
residential or agricultural wastes on their lands.
    The proposed rule at Sec. 6.2(c)(iii) stated that such waste could 
be disposed of ``on lands or waters'' that ``he or she owns or leases'' 
within the unit. In response to two comments, the final rule deletes 
the word ``waters'' since disposing of solid waste in water or wetlands 
may likely violate other laws. In the interest of gender neutrality, 
the word ``person'' is substituted for ``he or she.''
    One comment noted that Sec. 6.2(d) exempts the NPS from its own 
rules at this part. Two comments asked how the NPS will ensure 
compliance with conditions of Sec. 6.4 for NPS-operated solid waste 
disposal sites, if the procedural, administrative, financial assurance 
and penalty provisions of the proposed regulations do not apply to NPS 
operated solid waste disposal sites. The NPS will adhere to the 
conditions of Sec. 6.4 (for a new, or expanded existing solid waste 
disposal site) and to the conditions of Sec. 6.5 (for existing NPS 
operated solid waste disposal sites) as a matter of policy and special 
directive. In addition, the NPS will comply with the National 
Environmental Policy Act (42 U.S.C. 4321, et seq.) and, at a minimum, 
prepare an environmental assessment for any new, or expansion of any 
existing, solid waste disposal site that the NPS proposes. The final 
rule changes the word ``procedural'' at Sec. 6.2(d) to ``permit'' for 
clarity. The reason why the permit, bond and penalty provisions do not 
apply to the NPS is that there is no means by which the NPS may be both 
the permitting agency and the permittee, the bond-poster and the bond-
holder, the enforcer and the violator, simultaneously.

Section 6.3  Definitions

    In response to one comment, note that the proposed, as well as the 
final, definition of the term ``agricultural waste'' includes waste 
resulting from the ``harvesting of . . . trees.''
    One comment specifically sought clarification about whether 
concession operations in parks, whether under contracts or commercial 
use licenses are ``exempt'' from the regulations. This question is best 
answered by discussing the definition of the term ``National Park 
Service activities.'' There must be a necessary connection between the 
NPS and the establishment of a solid waste disposal site after the 
passage of the Act. ``National Park Service activities'' includes 
activities conducted by NPS contractors, concessionaires and commercial 
use licensees because such persons, under agreement with the NPS, 
provide eating, lodging, transportation and other services to park 
visitors or to park management itself. Since the NPS may operate a new 
solid waste disposal site within a unit for NPS activities, the NPS may 
approve new sites for the disposal of solid waste generated by NPS 
contractors, concessionaires and commercial use licensees. Such persons 
may also dispose of solid waste in existing NPS operated or approved 
sites.
    While NPS contractors, concessionaires and commercial use licensees 
may dispose of solid waste on lands within a unit, any proposal by such 
a person to establish their own new site for solid waste disposal, or 
continue to operate and use their own existing solid waste disposal 
site, is fully governed by 36 CFR 6.4 or 6.5 respectively.
    The disposal of solid waste by such persons, while permissible on 
lands within a National Park System unit, must be subject to full NPS 
scrutiny. The NPS has a fundamental obligation to ensure that 
contractors, concessionaires and commercial use licensees dispose of 
solid waste on lands within a unit, even the remote lands in Alaska, in 
an environmentally sensitive manner.
    ``Residential waste,'' as defined in Sec. 6.3, means waste 
generated by the normal activities of a household. One comment 
suggested that the residential waste exception at Sec. 6.2(c) not 
include paper, plastic and metal. Since the Sec. 6.2(c) exception is 
intended to minimize the solid waste stream by providing an alternative 
disposal means for agricultural or residential solid wastes that are 
compostible, we have partially adopted the suggestion. The final rule 
defines ``residential waste'' to exclude plastic and metal waste, since 
these are not compostible.
    One comment appeared to confuse the ``residential waste'' exception 
of this part with the ``household waste exclusion'' that exists under 
Resource Conservation and Recovery Act (RCRA) regulations at 40 CFR 
261.4(b)(1). The definition of ``residential solid waste'' used in this 
part comes from 40 CFR part 243. That definition means waste generated 
by the normal activities of households. This definition applies only to 
residences, not to commercial activities, such as lodges, motels or 
eating establishments. On the other hand, the EPA definition at 40 CFR 
261.4(b)(1) broadly excludes ``household waste'' from the legal meaning 
of hazardous waste. The 40 CFR part 261 meaning of ``household waste'' 
includes waste generated by residences AND commercial lodging and 
eating establishments. It does not follow that because 36 CFR part 6 
largely excludes residential waste from its control, that the NPS is 
also somehow excluding waste disposal from commercial lodging or eating 
establishments. The fact that wastes generated by such establishments 
are specifically excluded from the definition of ``hazardous waste'' 
under RCRA regulations does not make such wastes ``residential wastes'' 
for the purposes of this regulation. These two issues are unrelated and 
are addressed in separate sections of this regulation.
    One comment suggested that the proposed definition of ``solid waste 
disposal site'' is so broad that it would encompass lands where the 
Exxon Valdez spilled oil. The Service agrees, and inserts language in 
the final definition of ``solid waste disposal site'' to make clear 
that 36 CFR part 6 does not govern discharges of materials, or 
substances into the environment that are covered by such laws as the 
Clean Water Act (33 U.S.C. 1321(b)(3)) and the Comprehensive 
Environmental Response and Compensation and Liability Act (42 U.S.C. 
9601 et seq.). It was never the intent of the NPS to regulate such 
discharges or deposits as if they were ``solid waste disposal sites.''
    One comment suggested that this rule also govern ``transfer 
stations,'' since they are places where solid waste is deposited, 
albeit temporarily. Because such stations may be places of significant 
degradation to park resources resulting from noise, litter, visual 
intrusion, runoff and traffic, the Service has decided to include 
transfer stations in the definition of a ``solid waste disposal site.''

Section 6.4  Solid Waste Disposal Sites Not in Operation on September 
1, 1984

    Note that the EPA's definition of ``hazardous waste'' at 40 CFR 
part 261 excludes wastes generated by households (including single and 
multiple family residences, hotels and motels). In light of one 
comment, the Service reiterates that such waste is not ``legally'' 
hazardous. This ``household waste exclusion'' is mentioned here again 
because it is important to point out that the prohibition at 
Sec. 6.4(a)(6)(i) and at Sec. 6.5(c)(3)(i) does not prevent the NPS 
from accepting for disposal at NPS-operated solid waste disposal sites, 
solid wastes such as used oil, grease, paints, solvents, cleaning 
agents, or pesticides that are generated by ``households.'' Such 
materials are not ``legally'' hazardous waste when discarded by 
households (including hotels, motels, restaurants, single or multiple 
family residences).
    Thus, as long as such waste is generated by National Park Service 
activities, such as garbage collection from park/concessionaire 
employees, they may be disposed of in an NPS-operated solid waste 
disposal site.

Section 6.5  Solid Waste Disposal Sites in Operation on September 1, 
1984

    In response to comments from the NPS Alaska Region, the Service 
points out that both the proposed and the final rule recognize that 
some communities may lie wholly within the boundaries of a unit of the 
National Park System in Alaska. Such communities may exhaust the 
capacity of their existing solid waste disposal site. Such communities 
may request that the Regional Director permit them to expand an 
existing site within the unit. The Regional Director must normally 
judge such a request under the conditions in Sec. 6.4. However, the 
Regional Director will instead judge a request for expansion of an 
existing site under the approval conditions of Sec. 6.5(c), if the 
operator shows that the solid waste is generated solely from within the 
boundaries of the unit, the operator owns or leases the lands proposed 
for the expansion, and the solid waste disposal site lacks road, rail 
or adequate water access to any lands outside of the unit for all, or 
substantial, portions of the year.

Section 6.6  Solid Waste Disposal Sites Within New Additions to the 
National Park System

    One comment indicates that this section applies to units of the 
National Park System created in Alaska in 1980. Although the regulation 
plainly states it, the Service repeats that this section applies only 
to lands and waters that fall within the boundaries of a unit of the 
National Park System as a result of unit establishment or expansion 
after the effective date of the regulations as final.

Section 6.7  Mining Wastes

    One comment asked how this part applies to operations on mining 
claims. This section is intended to clarify the relationship between 
the final regulations governing solid waste disposal and existing 
regulations at 36 CFR part 9, Minerals Management, that govern mineral 
operations. Without this section, this final regulation would govern 
solid waste disposal sites by all mineral operators. The NPS now 
regulates solid waste disposal by many mineral operators and does not 
intend to create a duplicate regulatory scheme for such operators. 
Thus, this section excludes from the permit and financial assurance 
provisions of the final regulations solid waste disposal sites by 
operators that are, now or prospectively, governed by NPS regulations 
at 36 CFR part 9 or the terms of a Federal mineral lease.

Section 6.8  National Park Service Solid Waste Responsibilities

    One comment asked if the NPS would establish a household 
``harmful'' waste collection program for its inholders. The answer is 
``No.'' Inholders may not dispose of their waste in NPS operated solid 
waste disposal sites. Nor is the NPS in the business of collecting 
waste from inholders. Moreover, the NPS will establish collection 
programs for household waste that, though not legally hazardous, may be 
harmful, ONLY in those units where the NPS operates a solid waste 
disposal site.
    The same comment then seemed to suggest that since the regulations 
at 36 CFR 6.8(b) mandate the establishment of collection programs for 
``household hazardous wastes'' ONLY for parks that operate solid waste 
disposal sites, then only such parks need have hazardous waste 
collection programs. This is incorrect. Every park that generates waste 
that is defined by 40 CFR part 261 as hazardous, must collect, store, 
handle and manage that waste under the regulations governing such waste 
prescribed under Subtitle D of RCRA. To eliminate confusion, the final 
rule at Sec. 6.8(b) no longer refers to ``household hazardous waste'' 
which legally is not ``hazardous'' but to ``harmful wastes generated by 
residential activities.''
    One comment asked why the requirements of Sec. 6.8(c) apply only to 
``carbonated beverages in containers'' as opposed to all beverage 
containers. The rule does not propose to go beyond 40 CFR part 244. 
Regulations at 40 CFR part 244 require deposit systems only for 
containers holding ``carbonated beverages.''

Section 6.12  Prohibited Acts and Penalties

    One comment asked if this section applies the penalties to solid 
waste disposal sites on ``private inholdings.'' The answer is yes, 36 
CFR part 6, including its penalty provisions, applies to solid waste 
disposal sites on nonfederal lands, insofar as such lands are within 
the boundaries of a unit of the National Park System.

Section-by-Section Analysis

Section 6.2  Applicability and Scope

    The regulations are generally applicable to any solid waste 
disposal site operated in, or proposed for operation in, units of the 
National Park System. While the NPS is concerned with the disposal of 
all solid wastes on all lands and waters within unit boundaries, the 
rule provides for certain exceptions. This final rule at Sec. 6.2(c) 
does not require that all persons who either reside or farm within the 
exterior boundaries of a National Park System unit submit a request and 
obtain a permit from the Regional Director for the disposal of 
residential or agricultural wastes on their lands. Paragraph (c) 
provides that a person residing within the boundaries of a unit of the 
National Park System may dispose of certain solid wastes without a 
permit or penalty unless the person requires a State or local permit or 
license to dispose of solid waste. The final rule enumerates conditions 
under which such persons may dispose of waste. This exemption does not 
apply to the disposal of agricultural pesticides, pesticide equipment 
or containers.
    This exception is intended to minimize the solid waste stream by 
providing an alternative disposal means for agricultural or residential 
solid wastes that are compostible.
    If the Superintendent of the affected unit determines that the 
disposal of agricultural or residential solid wastes poses a reasonable 
probability of threat to public health or the environment, as described 
in the regulations at 40 CFR part 257, the Superintendent will notify 
the Regional Director and the resident that the request, permit, and 
penalty provisions of 36 CFR part 6 are applicable.
    Paragraph 6.2(d) explains the effect of the regulations on NPS 
operated sites. Existing and new solid waste disposal sites operated or 
proposed by the NPS for administration of the National Park System must 
meet the standards prescribed in 40 CFR subchapter I, specifically at 
40 CFR part 241, Guidelines for the Land Disposal of Solid Waste; part 
257, Criteria for Classification of Solid Waste Disposal Facilities and 
Practices, and part 258 Criteria for Municipal Solid Waste Landfills, 
and by appropriate State laws. The permit, administrative, financial 
assurance and penalty provisions of the final rule do not apply to NPS 
operated landfills. However, the NPS will adhere to the conditions of 
Sec. 6.4 to establish a new, or expand an existing, solid waste 
disposal site for NPS activities. The NPS will also adhere to the 
conditions of Sec. 6.5 to continue operations at existing NPS operated 
solid waste disposal sites. In addition, the NPS will comply with the 
National Environmental Policy Act (42 U.S.C. 4321, et seq.) and, at a 
minimum, prepare an environmental assessment for any new, or expansion 
of any existing, solid waste disposal site that the NPS proposes.

Section 6.3  Definitions

    The definitions section of the rule applies to terms that are not 
otherwise defined in 36 CFR part 1. The words defined in the rule 
either come from the legislation on which the rule is based or are 
included to enhance the clarity and accuracy of the rule. The primary 
purposes of the definitions are to make clear the reach and 
applicability of the rule for the NPS and the regulated community and 
to ensure that actions taken under the rule are consistent and 
predictable. In most cases, other statutes serve as the bases for the 
precise wording selected. These statutes are referred to in the 
discussions of the definitions.
    The term ``boundaries'' of any unit of the National Park System 
comes from the language of the statute. It is defined in the final rule 
to include all lands within units of the National Park System, 
regardless of jurisdictional status or ownership. Many units of the 
National Park System include nonfederal lands. Solid waste disposal on 
both Federal and nonfederal lands within National Park System unit 
boundaries come under the purview of this rule.
    Because there are no limitations on applicability to any class or 
type of lands in the statutory language, the rule defines the term 
broadly. The definition includes waters as well as lands because of the 
breadth of the statutory language and because the effects of such solid 
waste disposal sites are not limited to lands, but can also affect 
waters, particularly groundwater.
    The final rule adds a definition for the term ``compostible 
materials.'' The Service determines that facilities for the management 
of compostible materials are not solid waste disposal sites for the 
purpose of these regulations.
    Also defined is the term, ``National Park Service activities.'' It 
is explained for two reasons: First, to clarify that there must be a 
necessary connection between the NPS and the establishment of solid 
waste disposal sites after the passage of the Act; second, beginning 
one year after the effective date of the regulations, only persons 
engaged in ``National Park Service activities,'' as defined herein, may 
dispose of solid waste in an NPS operated solid waste disposal site. 
``National Park Service activities'' thus includes activities conducted 
by NPS contractors, concessionaires and commercial use licensees. Such 
persons, under agreement with the NPS, provide eating, lodging, 
transportation and other services to park visitors. Since new solid 
waste disposal sites may be established in National Park System units 
for NPS activities only, new sites may accept for disposal waste 
generated only by these persons. NPS contractors, concessionaires, and 
commercial use licensees may also dispose of solid waste in existing 
NPS operated sites. ``National Park Service activities'' do not include 
activities engaged in by Special Use Permittees (Form 10-114). Waste 
disposal by Special Use Permittees and others is governed by all the 
substantive, permit, financial assurance and penalty provisions of 
Sec. 6.4 for a new waste disposal site, or Sec. 6.5 for an existing 
site.
    The word ``degrade'' also comes from the statute and is defined as 
``to lessen in quantity, quality, or value.'' It is included in the 
terms defined in the rule for the sake of clarity and predictability. 
Since the statutorily mandated standard for any solid waste disposal 
site operating in a park unit is that the operation not ``degrade'' 
park resources, this section provides guidance as to how the term 
degrade is to be used by the NPS in determining such effects.
    The terms ``agricultural solid waste,'' ``residential solid waste'' 
and ``leachate,'' are defined as they are in the regulations that 
govern solid waste under the authority of the Resource Recovery and 
Conservation Act (42 U.S.C. 6901 et seq.) and implemented at 40 CFR 
part 243, Guidelines for the Storage and Collection of Residential, 
Commercial, and Institutional Solid Waste. The term ``hazardous waste'' 
refers to the definition of such solid waste prescribed at 40 CFR part 
261, Identification and Listing of Hazardous Wastes.
    ``Natural resources'' is defined here so as to provide a 
comprehensive inventory of the inherent attributes of National Park 
System units that may be affected by solid waste disposal sites. The 
detailed listing of resource attributes is designed to enable the 
agency and the regulated community sufficient consistency and 
specificity to evaluate potential effects to the parks. The Report of 
the House Committee on Interior and Insular Affairs (House Report 98-
1069) that accompanied the Act said, ``the conditions of noise, air 
pollution, waste disposal in surrounding lands, rat and other pest 
problems, and area disruption due to heavy truck use that are created 
by these waste disposal sites have resulted in a deep concern over the 
degradation of park values.'' In another section, the Report stated 
``The Committee notes that the operation of solid waste disposal sites 
within units of the National Park System causes deterioration of air 
and water quality, increases levels of mechanical noise, and has the 
potential to degrade land and water areas that are in relatively 
natural condition and areas containing significant cultural values, and 
that the operation of such disposal sites renders adjacent lands, and 
waters, unfit for full public use and enjoyment.'' In light of the 
Committee's broad findings concerning what may constitute natural 
resources affected by solid waste disposal sites, the drafters have 
chosen to provide a broad definition for this term.
    The definition of the term ``National Park System,'' mirrors the 
statutory language of 16 U.S.C. 1c. The purpose in including it here is 
that the term is used in the statute. Defining it in the rule clarifies 
the applicability of the rule.
    The definitions of the terms ``PCBs and PCB items'' and ``post 
closure care'' is the same as used by EPA. The terms ``PCBs and PCB 
items'' are defined by regulations at 40 CFR part 761, Polychlorinated 
Biphenyls (PCBs) Manufacturing, Distribution in Commerce, And Use 
Prohibitions. The terms ``closure'' and ``post closure care'' are 
described at 40 CFR part 258.
    At the heart of this regulatory package are the management and 
control of ``solid waste.'' The National Park Service defines the term 
similarly to that used in RCRA regulations at 40 CFR part 258. The 
broad definition of solid waste included here is intended to ensure 
that all potential sources of adverse effects to National Park System 
units from such sources come under the purview of the final rule. The 
rule also defines two classes of solid waste--agricultural and 
residential--that may be exempt from the rule under clearly delineated 
circumstances.
    Because the statute severely restricts the establishment of new 
``(solid waste) disposal sites'' within units of the National Park 
System and because the term is central to any regulatory activities 
under the framework of the statute, it is defined in the rule. The 
definition is based on the statutory language in RCRA for the term 
``disposal.'' The definition explicitly states that such sites include 
land or waters where such solid waste may be placed.
    The final rule governs solid waste transfer stations but not 
recycling centers, sewage treatment plants, septic systems, or 
facilities for managing compostible materials.

Section 6.4  Solid Waste Disposal Sites Not in Operation on September 
1, 1984

    The regulation permits establishing new solid waste disposal sites 
after September 1, 1984, within units of the National Park System, only 
with the approval of the Regional Director. This section does not apply 
to solid waste disposal sites in operation on September 1, 1984.
    The Regional Director may approve a permit for a new solid waste 
disposal site only under the stringent conditions outlined in the rule 
that are derived from the statute. The Act states that any new sites 
must be ``* * * used only for disposal of wastes generated within that 
unit of the park system * * *'' This is the basis for the first 
approval condition. The drafters have included the phrase ``solely from 
National Park Service activities'' in recognition of the fact that the 
Congress acknowledged that the National Park Service might need to 
operate solid waste disposal sites for its own management and 
associated activities. The Service believes that the statutory language 
``wastes generated within that unit of the park system'' was meant to 
convey a nexus between the disposal sites and activities of the NPS.
    The second condition requires that there be no reasonable 
alternative for disposal outside the unit boundaries.
    The third condition also is directly derived from the statute which 
says ``* * * so long as such site will not degrade any of the natural 
and cultural resources of such park unit.'' The fourth and fifth 
conditions ensure consistency and compliance with other Federal, State, 
and local regulatory programs.
    The sixth condition, that hazardous wastes may not be stored, 
handled, or disposed at solid waste disposal sites within National Park 
System units, recognizes the unique resource values protected in the 
National Park System and the fundamental incompatibility of the 
placement of hazardous wastes with protecting those resources. The 
final rule adds tires to the list of wastes that may not be disposed of 
at a solid waste disposal site within the boundaries of a National Park 
System unit.
    Note that the EPA's definition of hazardous waste at 40 CFR part 
261 excludes wastes generated by households (including single and 
multiple residences, hotels and motels). Thus, the sixth condition does 
not restrict disposal of household wastes in NPS operated or other 
solid waste disposal sites in National Park System units, as long as 
the waste results from National Park Service activities, such as 
garbage collection from park/concessionaire employees' residences.
    The seventh condition, that such sites be located wholly on 
nonfederal lands, implements the policy of the National Park Service 
articulated in its Management Policies (1988), page 9:6. As a 
consequence, no such sites may be established or expanded onto Federal 
lands in a unit, except that the NPS may establish a new solid waste 
disposal site on Federal lands in a park where nonfederal lands do not 
exist, or are otherwise unavailable or unsuitable.
    The eighth condition implements Executive Orders 11988 and 11990. 
The ninth and tenth conditions seek to clearly specify precise 
categories of facilities and lands where solid waste disposal sites 
would be incompatible with NPS management and visitor enjoyment. The 
eleventh condition limits the size of such sites and the twelfth 
condition seeks to ensure that such sites will not degrade park 
resources and visitor enjoyment at a future date.
    The request for a permit forms the basis for the Regional 
Director's evaluation of whether the conditions for approval listed 
above may be met. The Act states that its general purpose is to 
``protect the air, land, water, natural and cultural values of the 
National Park System and the property of the United States therein.'' 
Section 6.4(b) of the rule specifies the minimum amount of information 
necessary, in the professional judgment of the NPS, to evaluate whether 
the air, land, water, and cultural and natural resources of the 
National Park System can be protected if a proposed operation is 
permitted.
    Finally, Sec. 6.4(c) requires that the Regional Director reject the 
request if the conditions for approval detailed in paragraph (a) are 
not met. This section also requires that the Regional Director notify 
the requester of the rejection and the reasons for the rejection.

Section 6.5  Solid Waste Disposal Sites in Operation on September 1, 
1984

    The NPS believes that solid waste disposal sites are not an 
appropriate use of lands within National Park System unit boundaries. 
The long-term intent of the National Park Service is to eliminate, to 
the extent possible, such sites from within unit boundaries. In the 
interim, the requirements of Sec. 6.5 are designed to ensure that any 
solid waste disposal sites in operation on September 1, 1984, in units 
of the National Park System and continuously operated since that time 
meet minimum standards for operation and do not degrade park resources 
and values.
    The term ``continuous operation'' requires clarification. The 
Service determines that a solid waste disposal site existing on 
September 1, 1984, qualifies under Sec. 6.5, if that site has accepted 
solid waste for disposal at least for some portion of each year after 
1984. To be in ``continuous operation'' does not require that the site 
receive waste on a daily, weekly, or even monthly basis. Often seasonal 
factors, such as weather, access, and fluctuations in waste loads 
require that some existing sites may be used intermittently.
    The approval conditions of Sec. 6.5 are designed to implement the 
section of the Act that requires the Secretary to promulgate 
regulations ``to mitigate the adverse effects of solid waste disposal 
sites in operation as of September 1, 1984, upon property of the United 
States.'' As a result of the statutory language, the first condition 
requires that there be adequate mitigation of adverse effects from the 
operation of the disposal site. The second condition requires 
compliance with all applicable Federal, State, and local laws and 
regulations. This section, like Sec. 6.4, requires that there be no 
hazardous waste disposal at any such sites because such activities are 
incompatible with the values and purpose of the National Park System 
and each unit thereof.
    Several solid waste disposal sites are currently operated by 
nonfederal parties in units of the National Park System. Most are on 
nonfederal lands within the unit boundaries, while others are on 
Federal lands within the units. The sites on Federal lands often exist 
because of agreements made as conditions to Federal acquisition of 
specific tracts of land. The regulations will not terminate any 
existing agreements that are in compliance with applicable local, 
State, and Federal laws.
    Section 6.5(c) prescribes the conditions under which the Regional 
Director may allow existing solid waste disposal sites to continue 
operations. However, the NPS intends that existing solid waste disposal 
sites operated by nonfederal parties will not operate indefinitely. 
Under Sec. 6.5(e), a site that reaches its capacity may continue 
operation only if the site meets conditions applicable to new sites at 
Sec. 6.4(a). For the purposes of these regulations, the capacity of a 
solid waste disposal site is that area, volume, or height prescribed in 
the State-issued permit or other instrument. Any proposal to extend the 
capacity of an existing solid waste disposal site beyond that specified 
in the permit will be treated as a proposal for a new solid waste 
disposal site. Such a proposal is subject to the approval conditions in 
Sec. 6.4.
    It is conceivable that communities that lie wholly within the 
boundaries of a unit of the National Park System may exhaust the 
capacity of their existing solid waste disposal sites. Such communities 
may request that the Regional Director permit them to establish a new, 
or expand an existing, site within the unit. The Regional Director must 
judge such a request under the conditions prescribed in Sec. 6.4. 
However, the Regional Director will judge a request for expansion of an 
existing site under the approval conditions of Sec. 6.5(c), if the 
operator shows that:
     The solid waste is generated solely from within the 
boundaries of the unit; and
     The operator owns or leases the nonfederal lands proposed 
for the expansion; and
     The solid waste disposal site lacks road, rail or adequate 
water access to any lands outside of the unit for all or substantial 
portions of the year. A substantial portion of the year consists of 
three or more consecutive months.
    The principles of this section govern the NPS. Should the NPS seek 
to expand an existing solid waste disposal site that has reached its 
capacity, such an expansion is to be judged as a ``new'' site, governed 
by the approval standards of Sec. 6.4(a).
    If the NPS meets the first and third conditions of Sec. 6.5(e)(2), 
the NPS may also expand an existing NPS-operated solid waste disposal 
site that has reached its capacity, under the standards of Sec. 6.5(c), 
rather than Sec. 6.4(a).
    The final rule includes a new section (f) to address concerns about 
solid waste incinerators and transfer stations. The proposed and final 
definition of ``solid waste disposal site'' included incinerators. The 
final rule defines solid waste disposal sites to also include transfer 
stations. The installation of an incinerator or a transfer station 
where there was no site for solid waste disposal on September 1, 1984 
is governed by Sec. 6.4. Section 6.5(a) governs the continued operation 
of an incinerator or a transfer station where such a solid waste 
disposal site existed before September 1, 1984. Existing incinerators 
or transfer stations, just as any other solid waste disposal site, may 
continue to dispose of solid waste within the boundaries of a unit of 
the National Park System only after applying to the NPS under 
Sec. 6.5(a) and under the standards of Sec. 6.5(c).
    Because incinerators or transfer stations generally do not reach 
capacity and require expansion, Sec. 6.5(e) does not apply to them. 
Rather Sec. 6.5(e) addresses conventional land-fill solid waste 
disposal sites.
    Section 6.5(f) is needed to address the conversion of an existing 
land-fill solid waste disposal site to a transfer station after the 
effective date of this rule. Without Sec. 6.5(f), an operator of an 
existing solid waste disposal site, approved under Sec. 6.5(c), may not 
realize that converting an existing solid waste disposal land-fill to a 
transfer station requires a request to the NPS Regional Director and 
further NPS review and approval.

Section 6.6  Solid Waste Disposal Sites Within New Additions to the 
National Park System

    This section is included in the final rule in recognition of the 
fact that solid waste disposal sites, either on Federal or nonfederal 
lands, may be added to the National Park System through addition of new 
units or the expansion of existing units. Management Policies state 
that solid waste disposal sites are not compatible with the purpose of 
the National Park System and the intent of Congress was to eliminate 
solid waste disposal sites from the National Park System in the future.
    Thus, solid waste disposal sites on Federal or nonfederal lands 
included within a unit boundaries must cease operations immediately 
upon expiration of the permit or license in effect on the date the 
lands were included within the boundaries of a National Park System 
unit. The NPS will grant no extensions. Paragraph (a) applies to solid 
waste disposal sites on both Federal and nonfederal lands included 
within a National Park System unit boundaries.
    In the interim, and until the expiration of the permit, permittees 
and/or operators of such sites on Federal or nonfederal lands within 
the boundaries must submit a permit request and environmental report. 
Thus, paragraph (b) states that an operator wishing to continue solid 
waste disposal must request a permit within 180 days of the site's 
designation as lying within the boundaries of a National Park System 
unit.
    The final rule modifies paragraph (c) to delete immediate closure 
as the NPS remedy under part 6 for an operator on Federal or nonfederal 
lands who disposes of solid waste on that land without requesting NPS 
approval as specified in paragraph (b). The final rule substitutes 
instead a broader selection of remedies and penalties as defined in 
Sec. 6.12.
    The final rule modifies paragraph (d) to make clear that while an 
operator of a solid waste disposal site on lands incorporated within 
the boundaries of a unit of the National Park System may continue to 
operate until the expiration of the permit or other license that 
existed on the date the lands were incorporated into the unit, such an 
operator may do so, only insofar as such operator meets the NPS 
approval standards of Sec. 6.5(c).

Section 6.7  Mining Wastes

    This section is intended to clarify the relationship between the 
regulations governing solid waste disposal and existing regulations at 
36 CFR part 9, Minerals Management, that govern mineral operations.
    Section 6.7 (b) and (c) address solid waste disposal by persons 
conducting mineral operations on the date these regulations become 
effective. Section 6.7(b) addresses existing mineral operations within 
a unit of the National Park System that are not governed by an NPS-
approved part 9 plan of operations or terms of a Federal mineral lease. 
Such an operation may continue to dispose of solid waste at a site 
within a unit only after following the procedures and conditions 
prescribed in Sec. 6.5, posting financial assurance prescribed by the 
Regional Director, and obtaining a permit from the Regional Director 
under Sec. 6.9.
    Section 6.7(c) provides that an existing mineral operation, if 
governed by a plan of operations approved under 36 CFR part 9 or the 
terms of a Federal mineral lease, may continue to operate a solid waste 
disposal site within a unit of the National Park System pursuant to the 
approved plan of operations or lease. In approving the plan of 
operations, the Regional Director, under part 9, should have already 
prescribed conditions to ``* * * mitigate the adverse effects of solid 
waste disposal on the property of the United States * * *'' associated 
with the operation. Congress prescribed this standard as the basis for 
regulations that govern all existing solid waste disposal sites.
    Section 6.7(c) makes clear that where an existing mineral operation 
is governed by 36 CFR part 9 or the terms of a Federal mineral lease, 
the Regional Director's approval of the plan of operations constitutes 
the permit for operation of a solid waste disposal site in connection 
with the mineral operation. Financial assurance is not required, if a 
bond has been posted under 36 CFR part 9 or the Bureau of Land 
Management regulations that govern Federal mineral lessees.
    The final regulations allow new solid waste disposal sites by 
mineral operators within a unit only under the conditions that Congress 
prescribed for solid waste disposal at 16 U.S.C. 460l-22. Thus, final 
Sec. 6.7(d) addresses solid waste disposal sites operated by persons 
proposing mineral operations beginning after the effective date of 
these regulations. Such an operator is governed by the conditions at 
Sec. 6.4(a) that preclude any new solid waste disposal sites within the 
boundaries of a unit of the National Park System, unless the waste is 
generated solely by National Park Service activities. Thus, persons who 
begin mineral operations after the effective date of the regulations, 
as all other persons, could not operate a new solid waste disposal site 
within the boundaries of a unit of the National Park System. Among the 
alternatives available to mineral operators are disposing of the solid 
waste in appropriate facilities outside the unit boundaries, or in an 
existing solid waste disposal site in a unit, whose continued operation 
has been approved by the Regional Director under Sec. 6.5 and permitted 
under Sec. 6.9.
    Section 6.7(d) applies to establishment of a solid waste disposal 
site by a prospective operator, whether the operator is governed by 
regulations at 36 CFR part 9 or the terms of a Federal mineral lease. 
Nonetheless, the Regional Director must ensure that all persons, 
including those beginning mineral operations within a unit, obey the 
prohibition on establishing a new solid waste disposal site on all 
lands within a unit's boundaries. This task will be relatively simple 
where an operator is governed by 36 CFR part 9 or a Federal mineral 
lease. Where an operator is not so governed, the Regional Director must 
inform the operator of, and enforce, the conditions that prohibit a new 
solid waste disposal site. To ease the regulatory burden on a mineral 
operator, nothing in this part prohibits the temporary storage, or 
stockpiling for return, or the return of mining overburden to the mine 
site for reclamation purposes. Such activity does not constitute 
creation of a solid waste disposal site and will not be governed by the 
need to request or possess a permit, the conditions at Sec. 6.4 and 
Sec. 6.5, or the financial assurance requirements of Sec. 6.9. This 
exception applies only to mining overburden that is not hazardous under 
EPA regulations at 40 CFR part 261. However, a mineral operator 
commencing operations after the effective date of this final rule will 
not be permitted to permanently abandon spoil or overburden on their 
lands, including on patented claims, or other nonfederal lands in a 
unit. Such an action constitutes creation of a new ``solid waste 
disposal site'' which Congress prohibited within the boundaries of a 
National Park System unit. The Service recognizes that this requirement 
may increase the costs of conducting mining in parks. However, the cost 
of conducting mining must also include the cost of reclaiming the solid 
waste remaining after mining is completed. The NPS cannot reasonably 
implement congressional intent to prohibit new solid waste disposal 
sites in National Park System units, and then allow mining operators to 
establish such sites in parks in connection with mining.

Section 6.8  National Park Service Solid Waste Responsibilities

    Paragraph (a) prohibits the disposal of solid waste in NPS-operated 
solid waste disposal sites by persons other than those engaged in 
National Park Service activities. ``National Park Service activities'' 
are defined in Sec. 6.3 to include NPS contractors, concessionaires or 
commercial use licensees. In several instances, persons other than 
contractors, concessionaires, or commercial use licensees now dispose 
of solid waste in NPS operated solid waste disposal sites on Federal 
lands. This is an inappropriate use of Federal park lands that the 
regulations terminate one year after the effective date of these 
regulations.
    Paragraph (b) directs the NPS to set up special collection program 
to remove harmful substances from the household waste stream where 
appropriate. While wastes generated by households (including hotels and 
motels) are not hazardous, they may be harmful to NPS resources. 
Therefore the NPS, under Sec. 6.8, will establish a collection program 
to remove such materials from the waste stream in units where the NPS 
operates a solid waste disposal site. The proposed rule required that 
such collections be conducted every six months. The final rule requires 
it once each year. Each such park has the latitude to establish a 
collection program that best meets its circumstances, ranging from a 
one-day collection of certain wastes only (used oil, paints, thinners, 
etc.) to a continually open collection site for all harmful wastes 
generated by park residents.
    Paragraph (c) requires that the NPS strictly adhere to the 
regulations at 40 CFR part 244, Solid Waste Management Guidelines for 
Beverage Containers. While some units may not be aware of the 
requirements at 40 CFR part 244 for deposit systems on Federal 
facilities, nonetheless the requirements are longstanding. Note that 
the regulations require (not simply ``recommend'') that Federal 
facilities maintain deposit and return systems on containers in which 
``carbonated beverages'' are sold. Such containers may be plastic, 
glass, aluminum or steel. Parks, such as Grand Canyon National Park, 
that have voluntary recycling programs are not exempt from final 
Sec. 6.8(c). Mandatory deposit and return systems are not replaced by 
voluntary recycling efforts. Rather these two approaches complement 
each other. As part of its environmental leadership responsibilities, 
the NPS seeks to address the solid waste issue with several tools, 
including mandatory deposit and return systems for carbonated beverage 
containers sold by facilities on Federal lands in units of the National 
Park System. Individual units that propose not to implement 40 CFR part 
244 shall maintain deposit and return systems while a fully-documented 
request for non-implementation is being considered.
    The final rule inserts a new subsection (d) at Sec. 6.8 to address 
Executive Order 12873, Federal Acquisition, Recycling and Waste 
Prevention. That order mandates that all Federal agencies ``shall 
incorporate waste prevention and recycling in the agency's daily 
operations and work.'' This requirement governs not only the NPS but 
also NPS concessionaires, commercial use licensees and contractors.

Section 6.9  Permits

    The final rule requires that a person proposing to continue, or 
begin operating a solid waste disposal site within the boundaries of a 
unit of the National Park System must possess a permit issued under 
this part. The regulations exempt only two classes of persons operating 
solid waste disposal sites from this permit requirement. They are 
persons who reside or farm within a park under Sec. 6.2(c) and existing 
mineral operators described by Sec. 6.7(c).
    Residents under Sec. 6.2(c) do not require a permit and the mineral 
operator's permit consists of an NPS-approved plan of operations or 
Federal lease terms. Also note that Sec. 6.2(c)(3) and Sec. 6.7(e) 
exclude some substances from the ambit of these regulations under 
certain conditions.
    This section also governs the issuing of a permit for the operation 
of a solid waste disposal site and outlines the contents of such 
permits. Section 6.9(b) requires that the Regional Director comply with 
the National Environmental Policy Act (NEPA) and other pertinent laws 
and executive orders before issuing a permit.
    The Regional Director may find that a proposal meets the conditions 
under which the NPS may approve a new, or continued operation of an 
existing, site. If a proposal meets the conditions, the Regional 
Director shall then determine, through preparation of an environmental 
assessment, whether the Service's approval constitutes a major Federal 
agency action significantly affecting the quality of the human 
environment. When the Regional Director finds such an effect, the NPS 
will prepare an Environmental Impact Statement on the proposal.
    Section 6.9(d) makes clear that the issuance of a Special Use 
Permit is the method by which the Regional Director approves a request 
and environmental report, and provides that the authority to issue a 
permit resides with the Regional Director.
    Paragraph (e) sets forth the minimum requirements a permit may 
prescribe for operating a solid waste disposal site. The requirements 
are aimed at reducing the potential adverse effects attributable to the 
operation of such sites on the property of the United States.

Section 6.10  Financial Assurance

    This section prescribes the procedures for financial assurance from 
a solid waste disposal site operator in a unit of the National Park 
System.
    The regulations at 40 CFR part 258 require that an operator of a 
solid waste disposal site for household and certain other commercial 
and industrial solid wastes (not including hazardous wastes) must 
provide an estimate of costs related to closure and post-closure care 
responsibilities of the site, and establish sufficient financial 
assurance to meet those responsibilities. The NPS sees no need to 
require added financial assurance, in the form of cash or surety bond 
guaranteeing payment or performance, where the operator has provided 
such a bond under regulations at 40 CFR 258.74(b). Nor will the NPS 
require financial assurance from an owner or operator of a site that is 
a State entity whose debts and liabilities are the debts and 
liabilities of a State. There is also an exception that may apply to 
mineral operators under Sec. 6.7(c).
    The NPS will require financial assurance when issuing a permit for 
a new, or continued operation of an existing, solid waste disposal site 
if the operator has not posted a bond under 40 CFR 258.74(b).

Section 6.11  Appeals

    This section establishes procedures under which an applicant for a 
new, or continued operation of an existing, solid waste disposal site 
may appeal a Regional Director's decision to the National Park Service 
Director. Among other issues, an aggrieved operator may appeal a 
Regional Director's rejection of a request for continued or new 
operations; or conditions that the Regional Director may attach to an 
approval; or the amount of the bond set by the Regional Director.

Section 6.12  Prohibited Acts and Penalties

    This section of the rule clarifies that operating a solid waste 
disposal site within a unit of the National Park System without a 
permit is prohibited. Operating a site in violation of a term or 
condition of a permit, or in violation of 40 CFR parts 257 or 258, or 
in violation of the equivalent State law or regulation is also 
prohibited. Violations of these provisions subject operators to the 
penalty provisions of 36 CFR 1.3 and/or, where applicable, revocation 
of the permit and/or forfeiture of the bond or security deposit. These 
penalties apply to operators on nonfederal lands within the boundaries 
of a unit of the National Park System.

Federal Paperwork Reduction Act

    The collections of information contained in Secs. 6.4, 6.5 and 6.6 
of this rule have been approved by the Office of Management and Budget 
under 44 U.S.C. 3501, et seq. and assigned clearance number 1024-0026. 
The information will be used to ensure compliance with Congressionally 
enacted statutes. Response is mandatory in accordance with 16 U.S.C. 
460l-22.
    Applicant reporting time for this collection of information is 
estimated to average 100 hours per response, including the time for 
reviewing the instructions, searching existing data sources, gathering 
and maintaining the data needed, and completing and reviewing the 
collection of information. Send comments regarding this burden estimate 
or any other aspect of this collection of information, including 
suggestions for reducing this burden, to Information Collection 
Officer, National Park Service, 800 North Capitol Street, NW., 
Washington DC 20002, and the Office of Management and Budget, Paperwork 
Reduction Project (1024-0026), Washington, DC 20503.

Compliance With Other Laws

    In compliance with the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.), the NPS has prepared an environmental 
assessment (EA) of these regulations. The EA examines whether the 
implementation of the regulations will be a major Federal action that 
would have a significant effect on the quality of the human 
environment, requiring the preparation of an environmental impact 
statement. The EA was available for public inspection and comment at 
the National Park Service Office of Environmental Quality, located in 
the Department of Interior Building in Washington, DC for a period 
running concurrently with the comment period for the proposed 
regulations. The Director of the NPS has signed a Finding Of No 
Significant Impact (FONSI) declaring the implementation of this 
regulation not to be a significant Federal action.
    In accordance with the Regulatory Flexibility Act (Pub. L. 96-511), 
the NPS is requested to perform a regulatory flexibility analysis for 
all rules that may have a significant impact on a substantial number of 
small entities. The NPS has determined that this action will not have a 
significant impact on a substantial number of small entities since the 
rule deals with the location of future solid waste disposal sites and 
the number of existing solid waste disposal sites is small. 
Consequently, there is no necessity for a regulatory flexibility 
analysis.
    This rule was not subject to Office of Management and Budget review 
under Executive Order 12866. The NPS has reviewed this rule as directed 
by Executive Order 12360, ``Government Actions and Interference with 
Constitutionally Protected Property Rights,'' to determine if this rule 
has ``policies that have takings implications.'' The NPS has determined 
that this rule does not have takings implications because the rule will 
not deny any private property owner all beneficial use of their land, 
nor will it significantly reduce their land's value.

List of Subjects in 36 CFR Part 6

    National parks, Natural resources, Penalties, Reporting and 
recordkeeping requirements, Waste treatment, and disposal.

    For reasons set out in the preamble, 36 CFR ch. I is hereby amended 
by adding a new part 6 to read as follows:

PART 6--SOLID WASTE DISPOSAL SITES IN UNITS OF THE NATIONAL PARK 
SYSTEM

Sec.
6.1  Purpose.
6.2  Applicability and scope.
6.3  Definitions.
6.4  Solid waste disposal sites not in operation on September 1, 
1984.
6.5  Solid waste disposal sites in operation on September 1, 1984.
6.6  Solid waste disposal sites within new additions to the National 
Park System.
6.7  Mining wastes.
6.8  National Park Service solid waste responsibilities.
6.9  Permits.
6.10  Financial assurance.
6.11  Appeals.
6.12  Prohibited Acts and Penalties.

    Authority: 16 U.S.C. 1, 3, 460l-22(c).


Sec. 6.1  Purpose.

    (a) The regulations contained in this part prohibit the operation 
of any solid waste disposal site, except as specifically provided for, 
and govern the continued use of any existing solid waste disposal site 
within the boundaries of any unit of the National Park System.
    (b) The purpose of the regulations in this part is to ensure that 
all activities within the boundaries of any unit of the National Park 
System resulting from the operation of a solid waste disposal site are 
conducted in a manner to prevent the deterioration of air and water 
quality, to prevent degradation of natural and cultural, including 
archeological, resources, and to reduce adverse effects to visitor 
enjoyment.
    (c) The regulations in this part interpret and implement Pub. L. 
98-506, 98 Stat. 2338 (16 U.S.C. 460l-22(c)).


Sec. 6.2  Applicability and scope.

    (a) The regulations contained in this part apply to all lands and 
waters within the boundaries of all units of the National Park System, 
whether federally or nonfederally owned, and without regard to whether 
access to a solid waste disposal site requires crossing federally-owned 
or controlled lands or waters.
    (b) The regulations contained in this part govern:
    (1) The use of solid waste disposal sites not in operation on 
September 1, 1984, including the approval of new solid waste disposal 
sites;
    (2) The continued use or closure of solid waste disposal sites that 
were in operation on September 1, 1984;
    (3) The continued use or closure of solid waste disposal sites on 
lands or waters added to the National Park System after January 23, 
1995.
    (c) Exceptions.
    (1) The regulations contained in this part do not govern the 
disposal of residential or agricultural solid wastes in a site by a 
person who can show that he or she:
    (i) Resides within the boundaries of the unit;
    (ii) Generates the residential or agricultural solid waste within 
the boundaries of the unit;
    (iii) Disposes of the solid waste only on lands that the person 
owns or leases within the unit;
    (iv) Does not engage in a solid waste disposal practice that poses 
a reasonable probability of adverse effects on health or the 
environment, as described by the criteria in 40 CFR part 257, Criteria 
For Classification Of Solid Waste Disposal Facilities and Practices 
found at 40 CFR 257.3-1 to 257.3-8; and
    (v) Is not required to possess a State or local permit or license 
for the disposal of solid waste.
    (2) The exemption in paragraph (c)(1) of this section does not 
apply to agricultural solid waste consisting of a chemical used as a 
pesticide, an item used to apply, or a container used to store, a 
pesticide.
    (3) Manure and crop residue returned to the soil as a fertilizer or 
soil conditioner are not solid wastes for purposes of this part, and do 
not require a request, environmental report, financial assurance or 
permit issued under this part.
    (d) The conditions in Sec. 6.4(a) govern the establishment of new, 
or the expansion of existing, solid waste disposal sites operated by 
the National Park Service. The conditions in Sec. 6.5(c) govern the 
continued use of existing solid waste disposal sites operated by the 
National Park Service. However, the permit, financial assurance, 
administrative and penalty provisions of this part do not apply to any 
solid waste disposal site operated by the National Park Service.


Sec. 6.3  Definitions.

    The following definitions apply to this part:
    Agricultural solid waste means solid waste that is generated by the 
rearing or harvesting of animals, or the producing or harvesting of 
crops or trees.
    Boundaries means the limits of lands or waters that constitute a 
unit of the National Park System as specified by Congress, denoted by 
Presidential Proclamation, recorded in the records of a State or 
political subdivision in accordance with applicable law, published 
pursuant to law, or otherwise published or posted by the National Park 
Service.
    Closure and Post-closure care means all of the requirements 
prescribed by 40 CFR part 258, Criteria For Municipal Solid Waste 
Landfills at 40 CFR 258.60 and 258.61.
    Compostible materials means organic substances that decay under 
natural and/or human-assisted conditions within relatively short time 
intervals, generally not in excess of ninety days.
    Degrade means to lessen or diminish in quantity, quality or value.
    Hazardous waste means a waste defined by 40 CFR part 261, 
Identification And Listing Of Hazardous Waste. Hazardous waste does not 
include any solid waste listed under 40 CFR 261.4(b).
    Leachate means liquid that has percolated through solid waste and 
has extracted, dissolved or suspended materials in it.
    Mining overburden means material overlying a mineral deposit that 
is removed to gain access to that deposit.
    Mining wastes means residues that result from the extraction of raw 
materials from the earth.
    National Park Service activities means operations conducted by the 
National Park Service or a National Park Service contractor, 
concessionaire or commercial use licensee.
    National Park System means any area of land or water now or 
hereafter administered by the Secretary of the Interior through the 
National Park Service for park, monument, historic, parkway, 
recreational or other purposes.
    Natural resource means the components of a park, both biotic and 
abiotic, including but not limited to, vegetation, wildlife, fish, 
water, including surface and ground water, air, soils, geological 
features, including subsurface strata, the natural processes and 
interrelationships that perpetuate such resources, and attributes that 
contribute to visitor enjoyment.
    Operator means a person conducting or proposing to conduct the 
disposal of solid waste.
    PCBs or PCB item means an item as defined in 40 CFR part 761, 
Polychlorinated Biphenyls (PCBs) Manufacturing, Processing, 
Distribution In Commerce, And Use Prohibitions at 40 CFR 761.3(x).
    Residential solid waste means waste generated by the normal 
activities of a household, including, but not limited to, food waste, 
yard waste and ashes, but not including metal or plastic.
    Solid waste means garbage, refuse, sludge from a waste treatment 
plant, water supply treatment plant, or air pollution control facility 
and other discarded material, including solid, liquid, semisolid, and 
contained gaseous material resulting from industrial, commercial, 
mining and agricultural operations or from community activities. 
``Solid waste'' does not include a material listed under 40 CFR 
261.4(a).
    Solid waste disposal site means land or water where deliberately 
discarded solid waste, as defined above, is discharged, deposited, 
injected, dumped, spilled, leaked, or placed so that such solid waste 
or a constituent thereof may enter the environment or be emitted into 
the air or discharged into waters, including ground waters. Solid waste 
disposal sites include facilities for the incineration of solid waste 
and transfer stations. Facilities for the management of compostible 
materials are not defined as solid waste disposal sites for the 
purposes of this part.


Sec. 6.4  Solid waste disposal sites not in operation on September 1, 
1984.

    (a) No person may operate a solid waste disposal site within the 
boundaries of a National Park System unit that was not in operation on 
September 1, 1984, unless the operator has shown and the Regional 
Director finds that:
    (1) The solid waste is generated solely from National Park Service 
activities conducted within the boundaries of that unit of the National 
Park System;
    (2) There is no reasonable alternative site outside the boundaries 
of the unit suitable for solid waste disposal;
    (3) The site will not degrade any of the natural or cultural 
resources of the unit;
    (4) The site meets all other applicable Federal, State and local 
laws and regulations, including permitting requirements;
    (5) The site conforms to all of the restrictions and criteria in 40 
CFR 257.3-1 to 257.3-8, and 40 CFR part 258, subparts B, C, D, E and F;
    (6) The site will not be used for the storage, handling, or 
disposal of a solid waste containing:
    (i) Hazardous waste;
    (ii) Municipal solid waste incinerator ash;
    (iii) Lead-acid batteries;
    (iv) Polychlorinated Biphenyls (PCBs) or a PCB Item;
    (v) A material registered as a pesticide by the Environmental 
Protection Agency under the Federal Insecticide, Fungicide and 
Rodenticide Act (7 U.S.C. 136 et seq.);
    (vi) Sludge from a waste treatment plant, septic system waste, or 
domestic sewage;
    (vii) Petroleum, including used crankcase oil from a motor vehicle, 
or soil contaminated by such products;
    (viii) Non-sterilized medical waste;
    (ix) Radioactive materials; or
    (x) Tires;
    (7) The site is located wholly on nonfederal lands, except for NPS 
operated sites in units where nonfederal lands are unavailable, or 
unsuitable and there is no practicable alternative;
    (8) The site is not located within the 500 year floodplain, or in a 
wetland;
    (9) The site is not located within one mile of a National Park 
Service visitor center, campground, ranger station, entrance station, 
or similar public use facility, or a residential area;
    (10) The site will not be detectable by the public by sight, sound 
or odor from a scenic vista, a public use facility, a designated or 
proposed wilderness area, a site listed on, or eligible for listing on, 
the National Register of Historic Places, or a road designated as open 
to public travel;
    (11) The site will receive less than 5 tons per day of solid waste, 
on an average yearly basis; and
    (12) The proposed closure and post-closure care is sufficient to 
protect the resources of the National Park System unit from 
degradation.
    (b) A person proposing to operate a solid waste disposal site that 
was not in operation on September 1, 1984, must submit a request for a 
permit to the proper Superintendent for review by Regional Director 
demonstrating that the solid waste operation meets the criteria in 
paragraph (a) of this section. The following information must be 
included in a permit request:
    (1) A map or maps, satisfactory to the Regional Director, that 
adequately shows the proposed area of solid waste disposal, size of the 
area in acres, existing roads and proposed routes to and from the area 
of operations and the location and description of surface facilities;
    (2) The name and legal addresses of the following:
    (i) Owners of record of the land; and
    (ii) Any lessee, assignee or designee of the owner, if the proposed 
operator is not the owner of the land;
    (3) The mode and frequency (in number of trips per day) of 
transport and size and gross weight of major vehicular equipment to be 
used;
    (4) The amount of solid waste to be received, in average tons per 
day and average cubic yards per day;
    (5) The estimated capacity of the site in cubic yards and tons;
    (6) A detailed plan of the daily site operations;
    (7) A plan for the reclamation and post closure care of the site 
after completion of solid waste disposal;
    (8) Evidence that the proposed operator has obtained all other 
Federal, State and local permits necessary for solid waste disposal; 
and
    (9) An environmental report that includes the following:
    (i) A description of the natural and cultural resources and visitor 
uses to be affected;
    (ii) An assessment of hydrologic conditions of the disposal site 
with projections of leachate generation, composition, flow paths and 
discharge areas and geochemical fate of leachate constituents;
    (iii) An analysis of the quantitative and qualitative extent to 
which natural and cultural resources will be affected based on 
acceptable and appropriate monitoring of existing resource conditions;
    (iv) Steps to be taken by the operator to prevent degradation of 
air and water quality, to manage pests and vermin, and to minimize 
noise, odor, feeding by native wildlife and conflicts with visitor 
uses;
    (v) An analysis of alternative locations and methods for the 
disposal of the solid waste; and
    (vi) Any other information required by the Regional Director to 
effectively analyze the effects that the proposed solid waste disposal 
site may have on the preservation, management and public use of the 
unit.
    (c) If the Regional Director finds that the permit request and 
environmental report do not meet the conditions of approval set forth 
in paragraph (a) of this section, the Regional Director must reject the 
application and notify the proposed operator of the reasons for the 
rejection.


Sec. 6.5  Solid waste disposal sites in operation on September 1, 1984.

    (a) The operator of a solid waste disposal site in operation as of 
September 1, 1984, within the boundaries of a unit of the National Park 
System, having been in continuous operation on January 23, 1995, and 
who wishes to remain in operation, must submit to the proper 
Superintendent for review by the Regional Director, within 180 calendar 
days of January 23, 1995, a permit request and an environmental report 
as described in Sec. 6.4(b) (1)-(9).
    (b) Any operator who fails to submit a request as described in 
paragraph (a) of this section will not be allowed to continue 
operations and must immediately fulfill all applicable closure and 
post-closure care requirements.
    (c) The Regional Director may approve a request to allow the 
continued use of a solid waste disposal site only if the operator has 
shown and the Regional Director finds that:
    (1) Adverse effects resulting from leachate, noise, odor, vehicular 
traffic, litter and other activities upon natural and cultural 
resources will be adequately mitigated;
    (2) The proposed operator meets all other applicable Federal, State 
and local laws and regulations, including permit requirements;
    (3) The site will no longer be used for the storage, handling or 
disposal of a solid waste containing:
    (i) Hazardous waste;
    (ii) Municipal solid waste incinerator ash;
    (iii) Lead-acid batteries;
    (iv) Polychlorinated Biphenyls (PCBs) or a PCB Item;
    (v) A material registered as a pesticide by the Environmental 
Protection Agency under the Federal Insecticide, Fungicide and 
Rodenticide Act (7 U.S.C. 136 et seq.);
    (vi) Sludge from a waste treatment plant, septic system waste or 
domestic sewage;
    (vii) Petroleum, including used crankcase oil from a motor vehicle, 
or soil contaminated by such products;
    (viii) Non-sterilized medical waste;
    (ix) Radioactive materials; or
    (x) Tires;
    (4) The proposed closure and post-closure care is sufficient to 
protect the resources of the National Park System unit from 
degradation; and
    (5) The site conforms to all of the restrictions and criteria 
applicable to the site under 40 CFR 257.3 and 40 CFR part 258, or where 
applicable, 40 CFR part 240, Guidelines for the Thermal Processing of 
Solid Waste.
    (d) If the Regional Director finds that the permit request and the 
environmental report do not meet the conditions for approval set forth 
in paragraph (c) of this section, the Regional Director shall reject 
the request and notify the proposed operator of the reasons for the 
rejection. Within 90 calendar days of such notice, the operator of the 
solid waste disposal site must cease disposing of solid waste at the 
site. The operator may resume disposing of solid waste only upon 
submission and approval of a permit request and environmental report 
that the Regional Director determines meet the conditions set forth in 
paragraph (c) of this section.
    (e) Site expansions. (1) A request for an existing solid waste 
disposal site to continue operations by expanding its capacity, 
laterally or vertically, is considered a request for a new solid waste 
disposal site and is subject to the conditions of Sec. 6.4(a), except 
as provided in paragraph (e)(2) of this section.
    (2) A request for an existing solid waste disposal site to continue 
operations by expanding its capacity, laterally or vertically, will be 
judged by the approval conditions of paragraph (c) of this section if 
the operator shows that:
    (i) The solid waste is generated solely from sources within the 
boundaries of the unit;
    (ii) The area proposed for site expansion encompasses only 
nonfederal lands owned or leased by the operator; and
    (iii) the solid waste disposal site lacks road, rail, or adequate 
water access to any lands outside the unit for all or substantial 
portions of the year.
    (f) After January 23, 1995, an operator of an NPS-approved existing 
landfill solid waste disposal site may convert that site to a transfer 
station only after submitting a request under paragraph (a) of this 
section, and only after receiving approval from the Regional Director 
under paragraph (c) of this section. The Regional Director may approve 
such a request, if in addition to meeting the standards of paragraph 
(c) of this section, the Regional Director finds that the conversion to 
a transfer station better protects the unit's natural or cultural 
resources than the existing land-fill operation.


Sec. 6.6  Solid waste disposal sites within new additions to the 
National Park System.

    (a) An operator of a solid waste disposal site located on lands or 
waters added to the National Park System, by act of Congress or by 
proclamation, after January 23, 1995, will not be permitted to dispose 
of solid waste after expiration of the permit or license in effect on 
the date of the land's or water's designation as being within a 
National Park System unit's boundaries. The operator must then 
immediately fulfill all applicable closure and post-closure care 
requirements.
    (b) An operator of a solid waste disposal site located on lands or 
waters designated as being within the boundaries of a unit of the 
National Park System established or expanded after January 23, 1995, 
who wishes to remain in operation for the duration of the existing 
permit or license, must submit to the Regional Director, within 180 
calendar days of the land's or water's designation as being within a 
National Park System unit boundaries, a permit request and 
environmental report as described in Sec. 6.4(b) (1)-(9).
    (c) Any operator who fails to submit a request as described in 
paragraph (b) of this section will be subject to the penalty provisions 
of Sec. 6.12.
    (d) If the Regional Director finds that the permit request and the 
environmental report do not meet the conditions for approval set forth 
in Sec. 6.5(c), the Regional Director will reject the request and 
notify the proposed operator of the reasons for the rejection. Within 
90 calendar days of such notice, the operator of the solid waste 
disposal site must cease disposing of solid waste at the site. The 
operator may resume disposing of solid waste only upon submission and 
approval of a permit request and environmental report that the Regional 
Director determines meet the conditions set forth in Sec. 6.5(c).


Sec. 6.7  Mining wastes.

    (a) Solid waste from mining includes but is not limited to mining 
overburden, mining byproducts, solid waste from the extraction, 
processing and beneficiation of ores and minerals, drilling fluids, 
produced waters, and other wastes associated with exploration, 
development, or production of oil, natural gas or geothermal energy and 
any garbage, refuse or sludge associated with mining and mineral 
operations.
    (b) A person conducting mining or mineral operations on January 23, 
1995, and not governed by a plan of operations approved under 36 CFR 
part 9, Minerals Management, or pursuant to the terms of a Federal 
mineral lease, may continue to operate a solid waste disposal site 
within the boundaries of a unit only after complying with Sec. 6.5 and 
Sec. 6.10 and with a permit issued by the Regional Director under 
Sec. 6.9.
    (c) A person conducting mining or mineral operations on January 23, 
1995, and governed by a plan of operations approved under 36 CFR part 9 
or pursuant to the terms of a Federal mineral lease may continue to 
operate a solid waste disposal site under the terms of the approved 
plan of operations or lease. Where an existing mining or mineral 
operation is governed by 36 CFR part 9 or a Federal mineral lease, an 
NPS-approved plan of operations will constitute the permit for solid 
waste disposal site operation otherwise required under Sec. 6.9. A bond 
required under 36 CFR part 9, or by the Bureau of Land Management for 
Federal lessees, will satisfy the requirements of Sec. 6.10.
    (d) A person proposing to initiate mining or mineral operations 
after January 23, 1995, within the boundaries of a unit of the National 
Park System, whether or not governed by a plan of operations approved 
under 36 CFR part 9 or the terms of a Federal mineral lease, may not 
establish or operate a new solid waste disposal site within a unit.
    (e) The temporary storage, stockpiling for return, or return of 
nonhazardous mining overburden to the mine site for the purpose of mine 
site reclamation does not require a request, environmental report, 
financial assurance or a permit issued under this part.


Sec. 6.8  National Park Service solid waste responsibilities.

    (a) Beginning one year after January 23, 1995, a Superintendent 
will not permit or allow a person to dispose of solid waste at a 
National Park Service operated solid waste disposal site except for 
waste generated by National Park Service activities.
    (b) The Superintendent of a unit where the National Park Service 
operates a solid waste disposal site will establish a waste collection 
program for harmful wastes generated by residential activities by 
National Park Service and concessionaire households within the unit. 
The Superintendent will establish frequency and place of collection but 
such frequency must be, at a minimum, every twelve months.
    (c) Each Superintendent will ensure full compliance with 
regulations at 40 CFR part 244, Solid Waste Management Guidelines For 
Beverage Containers. Only those units of the National Park System where 
carbonated beverages in containers are not sold, or that have prepared 
formal documentation of nonimplementation under 40 CFR 244.100(f)(3) 
that has been approved by the Director and the Administrator of the 
Environmental Protection Agency, are exempt from the deposit and 
container return program mandated in 40 CFR part 244.
    (d) NPS concessionaires, commercial use licensees and contractors 
will comply with acquisition, recycling and waste minimization goals 
established by the NPS.


Sec. 6.9  Permits.

    (a) A permit issued under this section is required to operate a 
solid waste disposal site within the boundaries of a unit of the 
National Park System, except as specified in Sec. 6.2(c) or 
Sec. 6.7(c).
    (b) Upon receipt of a request under Sec. 6.4, Sec. 6.5 or Sec. 6.6, 
the Regional Director will analyze whether a new site, or continued 
operation of an existing site, meets the approval conditions of 
Sec. 6.4, or Sec. 6.5 respectively. The Regional Director will also 
review the request under appropriate laws and executive orders, 
including, but not limited to the National Environmental Policy Act (43 
U.S.C. 4321), the National Historic Preservation Act (16 U.S.C. 470), 
the Endangered Species Act (16 U.S.C. 1531-1543), and E.O. 11988, 
Floodplain Management (3 CFR, 1978 Comp., p. 117), and E.O. 11990, 
Wetland Protection (3 CFR, 1978 Comp., 121).
    (c) The Regional Director must approve or deny a solid waste 
disposal site request under this part within 180 calendar days of 
receipt of the request. The 180 calendar days do not include any days 
required for consultation with State or Federal agencies under, but not 
limited to, the Endangered Species Act, the National Historic 
Preservation Act and the Coastal Zone Management Act, or days required 
to prepare an Environmental Impact Statement under the National 
Environmental Policy Act.
    (d) If the Regional Director approves a solid waste disposal site 
request under Sec. 6.4, Sec. 6.5 or Sec. 6.6, the Regional Director may 
issue, after operator compliance with Sec. 6.10, a nontransferable 
permit, the term of which shall not exceed five years. The permittee 
may request a new five year permit upon expiration of an existing 
permit. The permit instrument will be Form 10-114 (OMB No. 1024-0026), 
Special Use Permit, available from the park Superintendent.
    (e) A permit for a solid waste disposal site will prescribe the 
site capacity and the requirements under which the solid waste disposal 
site will be operated. The requirements must include, but are not 
limited to:
    (1) Hours of operation;
    (2) Number, frequency, size, gross weight and types of vehicles 
used, and access routes;
    (3) Type and height of perimeter fencing;
    (4) Compliance with all applicable Federal, State and local laws 
and regulations, including permit requirements;
    (5) Type and frequency of groundwater, surface water, explosive gas 
and other pertinent natural resource monitoring;
    (6) Rights and conditions of access for inspection by National Park 
Service and other responsible Federal, State or local officials;
    (7) Closure and post-closure care requirements;
    (8) Methods of pest and vermin control;
    (9) Methods of excluding hazardous waste, municipal solid waste 
incinerator ash, lead-acid batteries, PCBs and PCB Items, material 
registered by the Environmental Protection Agency as a pesticide, 
sludge from a waste treatment plant or septic system, domestic sewage, 
petroleum, including used crankcase oil from a motor vehicle and soil 
contaminated by such products, medical waste, radioactive materials and 
tires;
    (10) Methods of excluding waste generated from non-National Park 
Service activities, except for a solid waste disposal site approved 
under Sec. 6.5, or Sec. 6.6, or Sec. 6.7(c); and
    (11) Methods of litter control.
    (f) Any conflict between a requirement of the permit issued by the 
National Park Service and a requirement of State or local law will be 
resolved in favor of the stricter of the two requirements.


Sec. 6.10  Financial assurance.

    (a) The Regional Director will not require a bond or security 
deposit for a solid waste disposal site for which the operator has 
established a bond under 40 CFR 258.74(b).
    (b) The Regional Director will not require a bond or security 
deposit for a solid waste disposal site whose owner or operator is a 
State entity whose debts and liabilities are the debts and liabilities 
of a State.
    (c) Upon approval of a request to operate a new, or continue an 
existing, solid waste disposal site, an operator who is not described 
in paragraphs (a) or (b) of this section must file with the Regional 
Director a suitable performance bond with satisfactory surety, payable 
to the Secretary of the Interior or the Secretary's designee. The bond 
must be conditioned upon faithful compliance with all applicable laws 
and regulations, and the permit requirements as approved. When bonds 
are to serve as security, an operator must provide a power of attorney 
to the Secretary or the Secretary's designee. The bond must be issued 
by a surety company listed and approved by the Department of the 
Treasury.
    (d) In lieu of a performance bond, an operator may deposit with the 
Secretary or the Secretary's designee cash or negotiable bonds of the 
United States Government. The cash deposit or the market value of such 
securities must be at least equal to the required sum of the bond(s).
    (e) The bond or security deposit will be established by the 
Regional Director in an amount equal to the estimated cost to 
accomplish all closure and post-closure care requirements as described 
in 40 CFR part 258, subpart F, but in no case less than $25,000.
    (f) The responsibility and liability of the operator (and the 
surety, if any) under the bond or security deposit must continue until 
the Regional Director determines that closure and post- closure care 
have been completed in accordance with the permit requirements. No 
portion of the performance bond or security deposit may be released 
until such a determination has been made.
    (g) Within 30 calendar days after the Regional Director determines 
that all closure and post-closure care requirements have been 
successfully completed according to the permit, the Regional Director 
will notify the operator (and the surety, if any) that liability under 
the bond or security deposit has been terminated and the bond or 
security deposit released.


Sec. 6.11  Appeals.

    (a) An applicant aggrieved by a decision of the Regional Director 
with regard to a permit request under this part may appeal, in writing, 
to the Director for reconsideration. The aggrieved applicant must file 
the appeal with the Director within 45 calendar days of notification to 
the applicant of the decision complained of. The appeal must set forth 
in detail the respects to which the decision of the Regional Director 
is contrary to, or in conflict with, the facts, the law, this part, or 
is otherwise in error.
    (b)(1) Within 45 calendar days after receiving the written appeal 
of the aggrieved applicant, the Director will make a decision in 
writing. The Director's decision will include:
    (i) A statement of facts;
    (ii) A statement of conclusions; and
    (iii) an explanation of the reasons upon which the conclusions are 
based.
    (2) The decision of the Director will constitute the final 
administrative action of the National Park Service.


Sec. 6.12  Prohibited Acts and Penalties.

    (a) The following are prohibited:
    (1) Operating a solid waste disposal site without a permit issued 
under Sec. 6.9 or, where applicable, without approval granted under 
Sec. 6.7(c);
    (2) Operating a solid waste disposal site without the proper amount 
or form of bond or security deposit, as prescribed by the Regional 
Director, when such a bond or security deposit is required by this 
part;
    (3) Operating a solid waste disposal site in violation of a term or 
a requirement of a National Park Service issued permit; or
    (4) Operating a solid waste disposal site in violation of 40 CFR 
Parts 257 or 258, or in violation of the equivalent State law or 
regulation.
    (b) A person who violates a provision of paragraph (a) of this 
section is subject to:
    (1) The penalty provisions of 36 CFR 1.3; and/or
    (2) Revocation of the permit by the Regional Director if a permit 
exists; and/or
    (3) Forfeiture of a bond or security deposit if a bond or security 
deposit is required under Sec. 6.10.

    Dated: September 8, 1994.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 94-31201 Filed 12-21-94; 8:45 am]
BILLING CODE 4310-70-P