[Federal Register Volume 60, Number 213 (Friday, November 3, 1995)]
[Notices]
[Pages 55843-55844]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-27289]



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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5324-3]


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

AGENCY: Environmental Protection Agency.

ACTION: Notice of final determination of full program adequacy for the 
State of Vermont's Municipal Solid Waste Landfill Permitting Program.

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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/Tribal permit programs provide for 
interaction between the State/Tribe and the owner/operator regarding 
site-specific permit conditions. Only those owners/operators located in 
State/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 applied for a determination of adequacy under 
section 4005(c)(1)(C) of RCRA, 42 U.S.C. 6945(c)(1)(C). EPA New England 
reviewed Vermont's MSWLF permit program adequacy application and made a 
determination that all portions of Vermont's MSWLF permit program are 
adequate to assure compliance with the revised Federal MSWLF Criteria. 
The decision to tenatively approve the State of Vermont's Municipal 
Solid Waste Landfill Permitting Program was published in the Federal 
Register on July 26, 1995 for public comment (see 60 FR 38327). There 
were no comments received within the public comment period; therefore, 
EPA is today issuing a final determination that the State's program is 
adequate.

Effective Date: The determination of adequacy for the State of Vermont 
shall be effective on November 3, 1995.

For Further Information Contact: EPA New England, John F. Kennedy 
Federal Building, Boston, MA 02203, Attn: Mr. John F. Hackler, Chief, 
Solid Waste and Geographic Information Section, mail code HER-CAN 6, 
telephone (617) 573-9670.

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.
    EPA intends to approve State/Tribal MSWLF permit programs prior to 
the promulgation of the 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. Second, 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 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 New England received Vermont's final MSWLF 
permit program application for adequacy determination. On July 26, 
1995, EPA published in the Federal Register the tentative determination 
of adequacy for all portions of Vermont's program. Further background 
on the tentative determination of adequacy appears at 60 FR 38327 (July 
26, 1995).
    Along with the tentative determination, EPA announced the 
availability of the application for public comment. In addition, a 
public hearing was tentatively scheduled. However, there were no 
requests for such and as a result the hearing was not held.

C. Public Comment

    EPA received no written comments on the tentative determination of 
adequacy for Vermont's MSWLF permit program within the public comment 
period. Minor typographical errors in the Vermont application have been 
corrected.

D. Decision

    After evaluating Vermont's program, EPA New England concludes that 
the State of Vermont's MSWLF Permitting Program meets all of the 
statutory and regulatory requirements established by RCRA. Accordingly, 
the State of Vermont is granted a determination of adequacy for all 
portions of its municipal solid waste permit program. 

[[Page 55844]]

    The Vermont MSWLF Permitting Program is technically comparable to, 
no less stringent than, and equally as effective as the revised Federal 
Criteria. Vermont will implement its MSWLF permit program through 
enforceable permit conditions. To ensure compliance with the Federal 
Criteria, Vermont has revised its current permit requirements through 
the creation of procedures. These revisions 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 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 ground-water 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 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.
    The Vermont Department of Environmental Conservation will update 
the permits of existing municipal solid waste landfills scheduled to 
remain open after the effective date of 40 CFR part 258, to assure 
compliance with current state requirements. The State of Vermont is not 
asserting jurisdiction over Tribal 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.
    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 MSWLF Criteria set forth 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).
    Today's action takes effect on the date of publication. EPA 
believes it has good cause under section 553(d) of the Administrative 
Procedure Act, 5 U.S.C. 553(d), to put this action into effect less 
than 30 days after the publication in the Federal Register. All of the 
requirements and obligations in the State's program are already in 
effect as a matter of state 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. 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(c) of the Solid Waste Disposal Act as amended, 
42 U.S.C. 6912, 6945 and 6949a(c-c).

    Dated: October 3, 1995.
John P. DeVillars,
Regional Administrator.
[FR Doc. 95-27289 Filed 11-2-95; 8:45 am]
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