[Federal Register Volume 60, Number 143 (Wednesday, July 26, 1995)]
[Notices]
[Pages 38327-38329]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-18375]



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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5264-4]


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

AGENCY: Environmental Protection Agency.

ACTION: Notice of Tentative Determination to Fully Approve the Adequacy 
of the State of Vermont's Municipal Solid Waste Permitting Program, 
Public Hearing and Public Comment Period.

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SUMMARY: Section 4005(c)(1)(B) of the Resource Conservation and 
Recovery Act (RCRA), as amended by the Hazardous and Solid Waste 
Amendments (HSWA) of 1984, 42 U.S.C. 6945(c)(1)(B), requires states to 
develop and implement permit programs to ensure that municipal solid 
waste landfills (MSWLFs), which may receive hazardous household waste 
or small quantity generator hazardous waste, will comply with the 
revised Federal MSWLF Criteria (40 CFR part 258). RCRA Section 
4005(c)(1)(C), 42 U.S.C. 6945(c)(1)(C), requires the Environmental 
Protection Agency (EPA) to determine whether states have adequate 
``permit'' programs for MSWLFs, but does not mandate issuance of a rule 
for such determinations. EPA has drafted and is in the process of 
proposing a State/Tribal Implementation Rule (STIR) that will provide 
procedures by which EPA will approve, or partially approve, State/
Tribal landfill permit programs. The Agency intends to approve adequate 
State/Tribal MSWLF permit programs as applications are submitted. Thus, 
these approvals are not dependent on final promulgation of the STIR. 
Prior to promulgation of the STIR, adequacy determinations will be made 
based on the statutory authorities and requirements. In addition, 
States/Tribes may use the draft STIR as an aid in interpreting these 
requirements. The Agency believes that early approvals have an 
important benefit. Approved State/Tribe permit programs provide for 
interaction between the State/Tribe and the owner/operator regarding 
site-specific permit conditions. Only those owners/operators located in 
States/Tribes with approved permit programs can use the site-specific 
flexibilities provided by 40 CFR Part 258 to the extent the State/
Tribal permit program allows such flexibility. EPA notes that, 
regardless of the approval status of a State/Tribe and the permit 
status of any facility, the federal landfill criteria shall apply to 
all permitted and unpermitted MSWLF facilities.
    The State of Vermont has applied for a determination of adequacy 
under section 4005(c)(1)(C) of RCRA, 42 U.S.C. 6945(c)(1)(C). EPA 
Region I has reviewed Vermont's MSWLF permit program adequacy 
application and has made a tentative determination that all portions of 
Vermont's MSWLF permit program are adequate to assure compliance with 
the revised MSWLF Criteria. (In statutes and rules of the State of 
Vermont ``certification'' is substituted for the term, ``permitting 
program.'' References herein to the State Permitting Program pertain to 
the Vermont Certification Program.) Vermont's application for program 
adequacy determination is available for public review and comment at 
the places listed in the ADDRESSES section below during regular office 
hours.
    Although RCRA does not require EPA to hold a public hearing on a 
determination to approve any State/Tribe's MSWLF permit program, EPA 
Region I has tentatively scheduled a public hearing on this 
determination. If a sufficient number of persons express interest in 
participating in a hearing by writing to the EPA Region I Solid Waste 
Program or calling the contact given below within 30 days of the date 
of publication of this notice, EPA Region I will hold a hearing, in 
Montpelier, Vermont, on the date given below in the ``DATES'' section. 
EPA Region I will notify all persons who submit comments on this notice 
if it appears that there is sufficient public interest to warrant a 
hearing. In addition, anyone who wishes to learn whether the hearing 
will be held may call the person listed in the CONTACTS section below.

DATES: All comments on Vermont's application for a determination of 
adequacy must be received by the close of business on August 25, 1995. 
If there is sufficient interest, a public hearing 

[[Page 38328]]
will be held on October 12, 1995 at 10:00 a.m., at the Pavilion Office 
Building, Fourth Floor Conference Room, 109 State Street, Montpelier, 
Vermont. The State will participate in the public hearing, if held by 
EPA Region I on this subject.

ADDRESSES: Copies of Vermont's application for adequacy determination 
are available at the following addresses for inspection and copying: 
during the hours of 8:00 a.m. to 4:00 p.m., Vermont Agency of Natural 
Resources, Solid Waste Management Division, 103 South Main Street, The 
Laundry Building, Waterbury, VT 06571-0407, Attn: Ms. Stacey Gosselin, 
telephone (802) 241-3444; during the hours of 8:00 a.m. to 5:00 p.m., 
U.S. EPA Region I, 90 Canal Street, Boston, MA 02203, Attn: Fred 
Friedman, telephone (617) 573-9687. Written comments should be sent to 
Mr. John F. Hackler, Chief, Solid Waste and Geographic Information 
Section, mail code HER-CAN6, EPA Region I, John F. Kennedy Federal 
Building, Boston, MA 02203-2211.

FOR FURTHER INFORMATION CONTACT: EPA Region I, John F. Kennedy Federal 
Building, Boston, MA 02203-2211, Attn: Mr. Charles Franks, mail code 
HER-CAN6, telephone (617) 573-9678.
SUPPLEMENTARY INFORMATION:

A. Background

    On October 9, 1991, EPA promulgated revised Criteria for MSWLFs (40 
CFR part 258). Subtitle D of RCRA, as amended by the Hazardous and 
Solid Waste Amendments of 1984 (HSWA), requires states to develop 
permitting programs to ensure that MSWLFs comply with the Federal 
Criteria under 40 CFR part 258. Subtitle D also requires in section 
4005(c)(1)(C), 42 U.S.C. 6945(c)(1)(C), that EPA determine the adequacy 
of state municipal solid waste landfill permit programs to ensure that 
facilities comply with the revised Federal Criteria. To fulfill this 
requirement, the Agency has drafted and is in the process of proposing 
a State/Tribal Implementation Rule (STIR). The rule will specify the 
requirements which State/Tribal programs must satisfy to be determined 
adequate.
    The EPA intends to approve State/Tribal MSWLF permit programs prior 
to the promulgation of STIR. EPA interprets the requirements for states 
or tribes to develop ``adequate'' programs for permits or other forms 
of prior approval and conditions (for example, license to operate) to 
impose several minimum requirements. First, each State/Tribe must have 
enforceable standards for new and existing MSWLFs that are technically 
comparable to EPA's revised MSWLF criteria. Next, the State/Tribe must 
have the authority to issue a permit or other notice of prior approval 
and conditions to all new and existing MSWLFs in its jurisdiction. The 
State/Tribe also must provide for public participation in permit 
issuance and enforcement, as required in section 7004(b) of RCRA, 42 
U.S.C. 6974(b). Finally, the State/Tribe must show that it has 
sufficient compliance monitoring and enforcement authorities to take 
specific action against any owner or operator that fails to comply with 
an approved MSWLF program.
    EPA Regions will determine whether a State/Tribe has submitted an 
``adequate'' program based on the interpretation outlined above. EPA 
plans to provide more specific criteria for this evaluation when it 
proposes the STIR. EPA expects States/Tribes to meet all of these 
requirements for all elements of a MSWLF program before it gives full 
approval to a MSWLF program.
B. State of Vermont

    On August 23, 1993, EPA Region I received Vermont's draft final 
MSWLF Permit Program application for adequacy determination. Region I 
reviewed the final application, submitted comments to Vermont, and 
requested additional information about state program implementation. 
Vermont addressed EPA's comments, provided the requested additional 
information, and submitted a revised final application for adequacy 
determination on April 27, 1995. Region I has reviewed Vermont's 
revised application and has tentatively determined that all portions of 
Vermont's MSWLF program meet all the requirements necessary to qualify 
for full program approval and ensure compliance with the revised 
Federal Criteria.
    The public may submit written comments on EPA's tentative 
determination until August 25, 1995. Copies of Vermont's application 
are available for inspection and copying at the location indicated in 
the ADDRESSES section of this notice.
    The State of Vermont's Solid Waste Rules are performance based and 
allow for adaptability in specifications while maintaining protection 
of human health and the environment. The Vermont Municipal Solid Waste 
Landfill Permitting Program generally reflects, but in some instances 
is different from, the Federal Criteria. In those instances where the 
program is different it is equivalent to the Federal Criteria and no 
less stringent. The differences are found primarily in the parts 
pertaining to groundwater and corrective action.
    The Vermont permitting process relies heavily on site 
characterization and groundwater protection strategy. Vermont has a 
groundwater classification scheme which has not been fully implemented; 
each proposed application, however, must identify the groundwater 
classification of the proposed site and meet the siting restriction and 
criteria for those conditions. In addition to the siting restrictions, 
the approach taken by Vermont as their permitting program relates to 
groundwater monitoring and corrective action has a pro-active 
involvement by the Department of Environmental Conservation. The 
Vermont approach goes directly from detection of a release into 
corrective action, with the appropriate solution(s) determined by the 
Department of Environmental Conservation based upon the information 
reported by the owner/operator. The Vermont approach typically does not 
implement assessment monitoring as a distinct step in evaluating a 
release from a municipal solid waste landfill. Assessment monitoring is 
generally included as a function of corrective action.
    To ensure full compliance with the Federal Criteria, Vermont has 
modified its current MSWLF permitting requirements by the adoption of 
Procedures. The Procedures have incorporated those requirements from 
the Federal Criteria not found in the State's existing MSWLF permitting 
program and are applicable to all existing MSWLFs and to all MSWLF 
permit applications. Vermont will implement its MSWLF permit program 
through enforceable permit conditions. These new requirements occur in 
the following areas:
    1. The adoption of the following definitions as required by the 
revised Federal Criteria, 40 CFR 258.2: active life, active portion, 
composite liner, earthen daily cover, existing MSWLF unit, final cover 
system for lined landfills, final cover system for unlined landfills, 
lateral expansion, municipal solid waste landfill unit, new MSWLF unit, 
100-year flood, and washout.
    2. Compliance with the new location restrictions of 40 CFR 258.10, 
258.14, and 258.15, which pertain to airport safety, seismic impact 
zones, and unstable areas.
    3. Compliance with the new operating criteria of 40 CFR 258.20, 
258.23, 258.26, 258.28, and 258.29 which pertain to procedures for 
excluding the receipt of hazardous waste, explosive gases control, run-
on/run-off control 

[[Page 38329]]
systems, liquids restrictions, and recordkeeping requirements.
    4. Compliance with the design criteria of 40 CFR 258.40.
    5. Compliance with the requirements of 40 CFR 258.50, 258.51, 
258.53, 258.54, and 258.55 which pertain to groundwater monitoring and 
the requirements of 40 CFR 258.56, 258.57, and 258.58 which pertain to 
corrective action.
    6. Compliance with the closure and post-closure criteria of 40 CFR 
258.60 and 258.61.
    7. Compliance with the financial assurance criteria of 40 CFR 
258.73, which pertain to financial assurance for corrective action.
    Vermont's Department of Environmental Conservation requires all 
existing MSWLFs to have either an existing permit or a temporary 
permit, both of which require compliance with the Federal Criteria in 
40 CFR part 258 pursuant to state laws and regulations, found at Title 
10 of the Vermont Statutes Annotated (V.S.A.) Chapters 159, 201 and 
211, and 4 V.S.A. Chapter 27. The State of Vermont is not asserting 
jurisdiction over Indian land recognized by the United States 
government for the purpose of this notice. Tribes recognized by the 
United States government are also required to comply with the terms and 
conditions found at 40 CFR part 258.
    EPA will consider all public comments on its tentative 
determination received during the public comment period and during any 
public hearing held. Issues raised by those comments may be the basis 
for a determination of inadequacy for Vermont's program. EPA will make 
a final decision on approval of the State of Vermont's program and will 
give notice of the final determination in the Federal Register. The 
notice shall include a summary of the reasons for the final 
determination and a response to all significant comments.
    Section 4005(a) of RCRA, 42 U.S.C. 6945(a), provides that citizens 
may use the citizen suit provisions of section 7002 of RCRA, 42 U.S.C. 
6972, to enforce the Federal Criteria in 40 CFR part 258 independent of 
any State/Tribal enforcement program. As EPA explained in the preamble 
to the final MSWLF criteria, EPA expects that any owner or operator 
complying with provisions in a State/Tribal program approved by EPA 
should be considered to be in compliance with the Federal Criteria. 
See, 56 FR 50978, 50995 (October 9, 1991).

Compliance With Executive Order 12866

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

Certification Under the Regulatory Flexibility Act

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

    Authority: This notice is issued under the authority of Section 
4005 of the Solid Waste Disposal Act, as amended, 42 U.S.C. 6945.

    Dated: July 17, 1995.
John P. DeVillars,
Regional Administrator.
[FR Doc. 95-18375 Filed 7-25-95; 8:45 am]
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