[Federal Register Volume 60, Number 116 (Friday, June 16, 1995)]
[Notices]
[Pages 31717-31719]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-14825]



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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5222-7]


The Territory of the U.S. Virgin Islands; Adequacy Determination 
of State Municipal Solid Waste Permit Program

AGENCY: Environmental Protection Agency.

ACTION: Notice of tentative determination on application of the 
territory of the U.S. Virgin Islands for full program adequacy 
determination, public hearing and public comment period.

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SUMMARY: Section 4005(c)(1)(B) of the Resource Conservation Recovery 
Act (RCRA), as amended by the Hazardous and Solid Waste Amendments 
(HSWA) of 1984, requires States to develop and implement permit 
programs to ensure that municipal solid waste landfills (MSWLFs) which 
may receive hazardous household waste or small quantity generator waste 
will comply with the revised Federal MSWLF Criteria (40 CFR part 258). 
RCRA Section 4005(c)(1)(C) requires the Environmental Protection Agency 
(EPA) to determine whether States have adequate ``permit'' programs for 
MSWLFs, but does not mandate issuance of a rule for such 
determinations. EPA has drafted and is in the process of proposing a 
State/Tribe Implementation Rule (STIR) that will provide procedures by 
which EPA will approve, or partially approve, State/Tribal landfill 
permit programs. The Agency has approved and will continue to approve 
adequate State/Tribal MSWLF permit programs as applications are 
submitted. Thus, these approvals are not dependent on final 
promulgation of the STIR. Prior to promulgation of STIR, adequacy 
determinations will be made based on the statutory authorities and 
requirements. In addition, States/Tribes may use the draft STIR as an 
aid in interpreting these requirements. The Agency believes that 
approvals of state programs have an important benefit. Approved State/
Tribe permit programs provide for interaction between State/Tribe and 
the owner/operator regarding site-specific permit conditions. Only 
those owners/operators located in States/Tribes with approved permit 
programs can use the site-specific flexibility provided by part 258 to 
the extent that the State/Tribal permit program allows such 
flexibility. EPA notes that regardless of the approval status of a 
State/Tribe and the permit status of any facility, the federal landfill 
criteria will apply to all permitted and unpermitted MSWLF facilities.
    The U.S. Virgin Islands applied for a determination of adequacy 
under section 4005 of RCRA. EPA has reviewed the U.S. Virgin Islands' 
MSWLF application and certain revisions thereto, and has made a 
tentative determination that all portions of the U.S. Virgin Islands' 
MSWLF permit program, including certain regulatory changes, are 
adequate to assure compliance with the revised Federal Criteria. These 
changes include a commitment by the Territory that existing solid waste 
regulations will be amended to conform to part 258 requirements, and 
that the two existing publicly owned landfills will be operated in 
accordance with part 258 requirements, pending adoption of the amended 
regulations. The U.S. Virgin Islands' application for program adequacy 
determination and its revisions are available for public review and 
comment.
    Although RCRA does not require EPA to hold a hearing on any 
determination to approve a State/Tribe's MSWLF program, the Region has 
scheduled two public hearings on this tentative determination. Details 
appear below in the DATES section.

DATES: All comments on the U.S. Virgin Islands' application for a 
determination of adequacy must be received by the close of business on 
August 11, 1995. One public hearing will be held on St. Croix on August 
1, 1995 and a second hearing will take place on St. Thomas, on August 
2, 1995. Both hearings will begin at 6:00 p.m. The U.S. Virgin Islands 
will participate in the public hearings held by EPA on this subject.

ADDRESSES: Copies of the U.S. Virgin Islands' application for adequacy 
are available between 8:30 a.m. and 5:00 p.m. at the following three 
addresses for inspection and copying: U.S. EPA Region II Library, 290 
Broadway, 16th Floor, New York, New York, 10007-1866, telephone (212) 
637-3185; Department of Planning and Natural Resources, Division of 
Environmental Protection, Nisky Shopping Center, Suite 231, St. Thomas, 
Virgin Islands 00802, telephone (809) 774-3320; Department of Planning 
and Natural Resources, Division of Environmental Protection, Water Gut 
Homes--1118, Christiansted, St. Croix, Virgin Islands 00820-5065, 
telephone (809) 773-8565. Written comments should be sent to Carl-Axel 
P. Soderberg, Director, USEPA-Region II, Caribbean Field Office, Centro 
Europa Building, 1492 Ponce De Leon Avenue, STOP 22, Santurce, PR 
00909. The public hearing on August 1, 1995 will be held at the 
Department of Planning and Natural Resources, Commissioner's Conference 
Room, 6003 Anna's Hope, St. Croix, Virgin Islands. The public hearing 
on August 2, 1995, will be held at the Department of Planning and 
Natural Resources, CZM Lower Level Conference Room, 8000 Nisky Shopping 
Center, St. Thomas, Virgin Islands.

FOR FURTHER INFORMATION CONTACT: Stanley Siegel, Chief, Hazardous and 
Solid Waste Programs Branch, U.S. EPA Region II, 290 Broadway, New 
York, New York, 10007-1866, telephone (212) 637-4100.
SUPPLEMENTARY INFORMATION:

A. Background

    On October 9, 1991, EPA promulgated revised Criteria for MSWLFs (40 
CFR part 258). Subtitle D of RCRA, as amended by the Hazardous and 
Solid Waste Amendments of 1984 (HSWA), requires States to develop 
permitting programs to ensure that MSWLFs comply with the Federal 
Criteria under part 258. Subtitle D also requires in 

[[Page 31718]]
section 4005 that EPA determine that State municipal solid waste 
landfill permit programs are adequate to comply with the revised 
Federal Criteria. To fulfill this requirement, the Agency has drafted 
and is in the process of proposing a State/Tribal Implementation Rule 
(STIR). The rule will specify the requirements which State/Tribal 
programs must satisfy to be determined adequate.
    EPA has approved and will continue to approve State/Tribal MSWLF 
permit programs prior to the promulgation of STIR. EPA interprets the 
requirements for States or Tribes to develop ``adequate'' programs for 
permits or other forms of prior approval to impose several minimum 
requirements. First, each State/Tribe must have enforceable standards 
for new and existing MSWLFs that are technically comparable to EPA's 
revised MSWLF criteria. Next, the State/Tribe must have the authority 
to issue a permit or other notice or prior approval to all new and 
existing MSWLFs in its jurisdiction. The State/Tribe also must provide 
for public participation in permit issuance and enforcement as required 
in section 7004(b) of RCRA. Finally, EPA believes that the State/Tribe 
must show that it has sufficient compliance monitoring and enforcement 
authorities to take specific action against any owner or operator that 
fails to comply with an approved MSWLF program. EPA Regions will 
determine whether a State/Tribe has submitted an ``Adequate'' program 
based on the interpretation outlined above. EPA expects States/Tribes 
to meet all of these requirement for all elements of a MSWLF program 
before it gives full approval to a MSWLF program.

B. Territory of the U.S. Virgin Islands

    On October 6, 1993, the Territory of the U.S. Virgin Islands 
submitted an application for adequacy determination. Subsequently, the 
U.S. Virgin Islands made several revised submissions. EPA has reviewed 
the application and the revised submissions, and has tentatively 
determined that all portions of the U.S. Virgin Islands' Subtitle D 
program are adequate to provide compliance with the revised Federal 
Criteria.
    Currently there are two municipal solid waste disposal facilities 
operating in the U.S. Virgin Islands. One facility is located on St. 
Thomas and the other on St. Croix. An additional facility, located on 
St. John, stopped receiving waste between October 9, 1991 and October 
9, 1993. The island of St. John is currently serviced by a transfer 
station from which the waste is transported to the St. Thomas landfill 
for disposal.
    The U.S. Virgin Islands Department of Planning and Natural 
Resources has responsibility for implementing and enforcing solid waste 
management regulations, including a permit program, inspection 
authority and enforcement activities. The solid waste landfills 
presently located in the Territory are owned by the Government of the 
U.S. Virgin Islands and operated by the U.S. Virgin Islands Department 
of Public Works. Although the Territory does not presently have 
regulations that conform to the Federal solid waste disposal facility 
criteria, the Departments of Planning and Natural Resources and Public 
Works have entered into a Memorandum of Agreement dated January 11, 
1995 which commits the two agencies to meeting the requirements of 40 
CFR part 258 when operating or issuing a permit to a solid waste 
facility. This Memorandum of Agreement was submitted to the EPA in 
conjunction with the application for adequacy determination. In 
addition, the Commissioner of the Department of Planning and Natural 
Resources submitted a letter to the EPA dated March 22, 1994 in which 
he committed his agency to adopting amended regulations that 
incorporate the requirements of 40 CFR part 258 and clear up any 
existing inconsistencies between 40 CFR part 258 and Title 19 Chapter 
56 of the Virgin Islands Code by May 1, 1996. While the Department of 
Planning and Natural Resources had expected the revised regulations to 
be enacted by May, 1995, it now expects that the revised regulations 
will be adopted by May, 1996. The Commissioner's letter also states 
that no permits will be issued for the establishment of any private 
solid waste disposal facility until new regulations for solid waste 
landfill management are approved by the EPA. In addition, the 
Department has committed to issuing a permit to the Department of 
Public Works pursuant to the revised regulations once these regulations 
are adopted. EPA has reviewed these items as well as the other contents 
of the U.S. Virgin Islands' application and has made a preliminary 
determination that their provisions are adequate to meet Part 258 
criteria.
    The EPA will hold two public hearings on its tentative decision. 
One hearing will be held on August 1, 1995 at the Department of 
Planning and Natural Resources' Commissioner's Conference Room on St. 
Croix. An additional hearing will be held on August 2, 1995 at the 
Department of Planning and Natural Resources' CZM Lower Level 
Conference Room on St. Thomas. On each of these dates, the hearings 
will begin at 6:00 p.m. Comments can be submitted orally at the 
hearings or in writing at the time of the hearings. The public may also 
submit written comments on EPA's tentative determination to the 
location indicated in the ADDRESSES section of this notice until August 
11, 1995. Copies of the U.S. Virgin Islands' application are available 
for inspection and copying at the locations indicated in the ADDRESSES 
section of this notice.

    EPA will consider all public comments on its tentative 
determination received during the public comment period and during each 
public hearing. Issues raised by those comments may be the basis for a 
determination of inadequacy for the U.S. Virgin Islands' program. EPA 
expects to make a final decision on whether or not to approve the U.S. 
Virgin Islands' program by September 18, 1995 and will give notice of 
it in the Federal Register. The notice will include a summary of the 
reasons for the final determination and responses to all major 
comments. Section 4005(a) of RCRA provides that citizens may use the 
citizen suit provisions of Section 7002 of RCRA to enforce the Federal 
MSWLF criteria in 40 CFR Part 258 independent of any State/Tribal 
enforcement program. As EPA explained in the preamble to the final 
MSWLF criteria, EPA expects that any owner or operator complying with 
provisions in a State/Tribal program approved by EPA will be considered 
to be in compliance with Federal Criteria. See 56 FR 50978, 50995 
(October 9, 1991).

Compliance With Executive Order 12866

    The Office of Management and Budget has exempted this notice from 
the requirement of Section 6 of Executive Order 12866.

Certification Under the Regulatory Flexibility Act

    Pursuant to the provisions of 5 U.S.C. 605(b), I hereby certify 
that this approval will not have a significant economic impact on a 
substantial number of small entities. It does not impose any new 
burdens on small entities. This notice, therefore, does not require a 
regulatory flexibility analysis.

    Authority: This notice is issued under the authority of Section 
4005 of the Solid Waste Disposal Act as amended; 42 U.S.C. 6946.


[[Page 31719]]

    Dated: May 4, 1995.
Herbert Barrack,
Acting Regional Administrator.
[FR Doc. 95-14825 Filed 6-15-95; 8:45 am]
BILLING CODE 6560-50-P