[Federal Register Volume 61, Number 122 (Monday, June 24, 1996)]
[Notices]
[Pages 32434-32436]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16010]



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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5525-7]


Kansas; Final Full Program Determination of Adequacy of State/
Tribal Municipal Solid Waste Landfill Permit Program

AGENCY: Environmental Protection Agency.

ACTION: Notice of immediate final program determination of adequacy on 
Kansas' 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 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 governing 
such determinations. The EPA has drafted and is in the process of 
proposing a State/Tribal Implementation Rule (STIR) that will provide 
procedures by which the 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 
the 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 
flexibility provided by 40 CFR part 258 to the extent the State/Tribal 
permit program allows such flexibility. The EPA notes that regardless 
of the approval status of a State/Tribe and the permit status of any 
facility, the federal criteria under 40 CFR part 258 will apply to all 
permitted and unpermitted MSWLF facilities.
    Kansas applied for a determination of adequacy under section 4005 
of RCRA. The EPA reviewed Kansas' application and has made a decision, 
subject to public review and comment, that Kansas' municipal solid 
waste landfill permit program satisfies all of the requirements 
necessary to qualify for final authorization. Thus, EPA is approving 
Kansas' MSWLF permit program.

EFFECTIVE DATE: The determination of adequacy for Kansas shall be 
effective on August 23, 1996, unless EPA publishes a prior Federal 
Register action withdrawing this immediate final rule. All comments on 
Kansas' program revision application must be received by the close of 
business July 24, 1996.

ADDRESSES: Copies of Kansas' application for a determination of 
adequacy are available for inspection and copying from 8 a.m. to 4:30 
p.m., Monday through Friday at the following addresses: Kansas 
Department of Health and Environment, Forbes Field, Building 740, 
Topeka, Kansas 66620-0001, Attn: Mr. Kent Foerster, telephone 913-296-
1600; and U.S. EPA Region VII Library, 726 Minnesota Avenue, Kansas 
City, Kansas 66101, Phone: 913-551-7241.

FOR FURTHER INFORMATION CONTACT: Ms. Althea M. Moses, 726 Minnesota 
Ave., Kansas City, Kansas 66101; (913) 551-7055.

SUPPLEMENTARY INFORMATION:

A. Background

    On October 9, 1991, the EPA promulgated 40 CFR part 258 for MSWLFs. 
Subtitle D of RCRA, as amended by the Hazardous and Solid Waste 
Amendments of 1984 (HSWA),

[[Page 32435]]

requires States to develop permitting programs to ensure that 
facilities comply with the Federal Criteria under 40 CFR part 258. 
Subtitle D also requires in section 4005 of RCRA that the EPA determine 
the adequacy of State municipal solid waste landfill permit programs to 
ensure that facilities comply with the 40 CFR part 258. 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 propose in the STIR to allow partial approval 
if: (1) The Regional Administrator determines that the State/Tribal 
permit program largely meets the requirements for ensuring compliance 
with 40 CFR part 258; (2) changes to a limited narrow part(s) of the 
State/Tribal permit program are needed to meet these requirements; and 
(3) provisions not included in the partially approved portions of the 
State/Tribal permit program are a clearly identifiable and separable 
subset of 40 CFR part 258. As a State's/Tribe's regulations and 
statutes are amended to comply with 40 CFR part 258, unapproved 
portions of a partially approved MSWLF permit program may be approved 
by the EPA. The State/Tribe may submit an amended application to EPA 
for review and an adequacy determination will be made using the same 
criteria as for the initial application. This adequacy determination 
will be published in the Federal Register summarizing the Agency's 
decision and the portion(s) of the State/Tribal MSWLF permit program 
affected and providing an opportunity to comment for a period of 30 
days. The adequacy determination will become effective sixty (60) days 
following publication if no adverse comments are received. If EPA 
receives adverse comments on its adequacy determination, another 
Federal Register notice will be published either affirming or reversing 
the initial decision while responding to the public comments.
    The EPA will review State/Tribal requirements to determine whether 
they are ``adequate'' under section 4005(c)(1)(C) of RCRA. The 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 40 CFR part 258. 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, the 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.
    The EPA Regions will determine whether a State/Tribe has submitted 
an ``adequate'' program based on the interpretation outlined above. The 
EPA plans to provide more specific criteria for this evaluation when it 
proposes the STIR. The EPA expects State/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 Kansas

    On November 8, 1994, the Kansas Department of Health and 
Environment submitted an amended application for full MSWLF permit 
program approval. This application follows an August 19, 1993 submittal 
on which EPA approved all portions of Kansas' program with the 
exception that EPA reserved for Federal enforcement of the following 
facilities: (1) New units accepting less than 100 tons per day (tpd) of 
solid waste; (2) existing units or new units which are listed on the 
National Priorities List (NPL); (3) existing units which have accepted 
less than 100 tpd of solid waste prior to October 9, 1993 and accept 
greater than 100 tpd during the period from October 9, 1993 to April 4, 
1994. It was established that all such units, in accordance with the 
Federal requirements at 40 CFR part 258.1(f), are subject to a 
compliance date of October 9, 1993 and are not eligible for a 
compliance date extension to April 9, 1994. Kansas has since revoked 
K.A.R. 28-29-99. Further background on the final partial program 
determination of adequacy is located at 58 FR 52302 (October 7, 1993).
    Kansas does not claim jurisdiction over Indian Land. Kansas' 
program is not enforceable on Indian lands.
    The EPA has reviewed Kansas' application, and has made an immediate 
final decision that Kansas' municipal solid waste landfill permit 
program satisfies all the requirements of the State/Tribal 
Implementation Rule to qualify for full program approval. Consequently, 
EPA intends to grant full approval of the Kansas program. The public 
may submit written comments on EPA's immediate final decision up until 
July 24, 1996. Copies of Kansas' application for program approval are 
available for inspection and copying at the locations identifies in the 
ADDRESSES section of this action.
    Approval of Kansas' municipal solid waste landfill permitting 
program shall become effective August 23, 1996, unless an adverse 
comment pertaining to the State's revision discussed in this notice is 
received by the end of the comment period. If an adverse comment is 
received EPA will publish either: (1) A withdrawal of the immediate 
final decision, or (2) a notice containing a response to comments which 
either affirms that the immediate final decision takes effect or 
reverses the decision.

C. Decision

    I conclude that Kansas' application for full program adequacy 
determination meets all of the statutory and regulatory requirements 
established by RCRA for full program adequacy. Accordingly, Kansas is 
granted a full program determination of adequacy for all parts of its 
municipal solid waste landfill permit 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 the EPA explained in the preamble to the final MSWLF 
criteria, the EPA expects that any owner or operator complying with 
provisions in a State/Tribal program approved by the 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 final 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 32436]]


    Dated: June 11, 1996.
Dennis Grams,
Regional Administrator.
[FR Doc. 96-16010 Filed 6-21-96; 8:45 am]
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