[Federal Register Volume 60, Number 182 (Wednesday, September 20, 1995)]
[Notices]
[Pages 48711-48713]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23323]



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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5298-4]


North Dakota; Final Determination of Adequacy of State/Tribal 
Municipal Solid Waste Permit Program

AGENCY: Environmental Protection Agency (Region VIII).

ACTION: Notice of final determination of full program adequacy for 
North Dakota's application.

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SUMMARY: Section 4005(c)(1)(B) of the Resource Conservation and 
Recovery Act (RCRA), as amended by the Hazardous and Solid Waste 
Amendments (HSWA) of 1984, requires States to develop and implement 
permit programs to ensure that municipal solid waste landfills (MSWLFs) 
which may receive hazardous household waste or conditionally exempt 
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/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/Tribal permit 
programs provide 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 flexibility provided by 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 

[[Page 48712]]
Federal landfill Criteria will apply to all permitted and unpermitted 
MSWLFs.
    North Dakota applied for a determination of adequacy under section 
4005 of RCRA. EPA reviewed North Dakota's application and proposed a 
determination that North Dakota's MSWLF permit program is adequate to 
ensure compliance with the revised MSWLF Criteria. Since no comments 
were received, EPA is today issuing a final determination that the 
State/Tribe's program is adequate.

EFFECTIVE DATE: The determination of adequacy for North Dakota shall be 
effective September 18, 1995.

FOR FURTHER INFORMATION CONTACT: Gerald Allen (8HWM-WM), Waste 
Management Branch, US EPA Region VIII, 999 18th Street, Suite 500, 
Denver, Colorado 80202-2466, phone 303/293-1496.

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 facilities comply with the Federal 
Criteria under Part 258. Subtitle D also requires in section 4005 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.
    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 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 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 
plans to provide more specific criteria for this evaluation when it 
proposes the State/Tribal Implementation Rule. 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.
    On September 27, 1993, the EPA Administrator signed the final rule 
extending the effective date of the landfill Criteria for certain 
classifications of landfills (proposed rule 58 FR 40568, July 28, 
1993). Thus, for certain small landfills that fit the small landfill 
exemption as defined in 40 CFR Part 258.1(f), the Federal Criteria will 
not be effective until October 9, 1995, instead of October 9, 1993. The 
final ruling on the effective date extension was published in the 
Federal Register October 1, 1993.

B. State of North Dakota

    On August 25, 1994, North Dakota submitted an application for 
adequacy determination for the States MSWLF permit program. On November 
25, 1994, EPA published a tentative determination of adequacy for all 
portions of North Dakota's program. Further background on the tentative 
determination of adequacy appears at 59 FR 60631 (November 25, 1994).
    Along with the tentative determination, EPA announced the 
availability of the application for public comment. EPA also 
tentatively scheduled a public hearing for January 12, 1995, to be held 
if a sufficient number of people expressed interest in participating. 
After no one expressed interest, the Agency cancelled the public 
hearing.
    EPA has reviewed North Dakota's application and has determined that 
all portions of the State's MSWLF permit program will ensure compliance 
with the revised Federal Criteria. In its application, North Dakota 
demonstrated that the State's permit program adequately meets the 
location restrictions, operating criteria, design criteria, ground-
waster monitoring and corrective action requirements, closure and post-
closure care requirements, and financial assurance criteria in the 
revised Federal Criteria. In addition, the State of North Dakota also 
demonstrated that its MSWLF permit program contains specific provision 
for public participation, compliance monitoring, and enforcement.

C. Public Comment

    The EPA received no public comments on the tentative determination 
of adequacy for North Dakota's MSWLF permit program.

D. Decision

    Since we received no public comments, I conclude that North 
Dakota's application for adequacy determination meets all of the 
statutory and regulatory requirements established by RCRA. Accordingly, 
North Dakota is granted a determination of adequacy for all portions of 
its MSWLF permit program.
    In its application for adequacy determination, North Dakota has not 
asserted jurisdiction over Indian Country, as defined in 18 U.S.C. 
1511. Accordingly, this approval does not extend to lands within Indian 
Country in North Dakota including lands within the exterior boundaries 
of the Turtle Mountain, Fort Berthold, Fort Totten, and Standing Rock 
Indian Reservations. Until EPA approves a State or Tribal MSWLF 
permitting program in North Dakota for any part of Indian Country, the 
requirements of 40 CFR Part 258, will automatically apply to that area. 
Thereafter, the requirements of 40 CFR Part 258 will apply to all 
owner/s operators of MSWLF's located in any part of Indian Country that 
is not covered by an approved State or Tribal MSWLF permitting program.
    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 should be considered to be in 
compliance with the Federal Criteria. See 56 FR 50978, 50995 (October 
9, 1991).
    This action takes effect on September 18, 1995. EPA believes it has 
good cause under section 553(d) of the Administrative Procedure Act, 5 
U.S.C 553(d), to put this action into effect less than 30 days after 
publication in the Federal Register. All of the requirements and 
obligations in the State's/Tribe's program are already in effect as a 
matter of State/Tribal law. EPA's action today does not impose any new 
requirements that the regulated community must begin to comply with. 
Nor do these requirements become enforceable by EPA as federal law. 

[[Page 48713]]
Consequently, EPA finds that it does not need to give notice prior to 
making its approval effective.

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 sections 
2002, 4005 and 4010 of the Solid Waste Disposal Act, as amended; 42 
U.S.C. 6912, 6945, 6949(a).

    Dated: September 7, 1995.
Robert L. Duprey,
Acting Regional Administrator.
[FR Doc. 95-23323 Filed 9-19-95; 8:45 am]
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