[Federal Register Volume 61, Number 196 (Tuesday, October 8, 1996)]
[Notices]
[Pages 52791-52793]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25790]


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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5630-5]


Indiana: Final Full Program Determination of Adequacy of State 
Municipal Solid Waste Landfill Permit Program

AGENCY: Environmental Protection Agency, Region 5.

ACTION: Notice of final full program determination of adequacy on 
Indiana'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 household hazardous 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 United States 
Environmental Protection Agency (U.S. EPA) to determine whether States 
have adequate ``permit'' programs for MSWLFs, but does not mandate 
issuance of a rule governing such determinations. The U.S. EPA has 
proposed a State/Tribal Implementation Rule (STIR) (61 FR 2584, January 
26, 1996) that provides procedures by which the U.S. EPA will approve, 
or partially approve, State/Tribal landfill permit programs. The Agency 
intends to approve adequate State MSWLF permit programs as applications 
are submitted. Thus, these approvals are not dependent on final 
promulgation of the STIR. Prior to final promulgation of the STIR, 
adequacy determinations will be made based on statutory authorities and 
requirements. In addition, States/Tribes may use the proposed 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 States/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.
    Indiana applied for a partial program determination of adequacy 
under Section 4005 of RCRA on June 3, 1993. The U.S. EPA reviewed 
Indiana's application and made a final determination of adequacy (58 FR 
59261, November 8, 1993) for those portions of the MSWLF permit program 
that were adequate to ensure compliance with the revised Federal MSWLF 
Criteria. Indiana amended its original application and applied for full 
program approval on June 27, 1996. The U.S. EPA reveiwed Indiana's 
amended application and today is issuing a tentative determination of 
adequacy for all portions of Indiana's MSWLF permit program. Indiana's 
amended application for full program adequacy determination is 
available for public review and comment. The tentative determination 
will become final and effective sixty (60) days following the date of 
this publication if no adverse comments are received.

DATES: The determination of adequacy for Indiana shall be effective on 
December 9, 1996, unless adverse comments are received. If adverse 
comments are received, a second Federal Register Notice will be 
published describing these comments and the U.S. EPA's responses to the 
comments and decision on final adequacy.
    All comments on Indiana's application for a full determination of 
adequacy must be received by the U.S. EPA Region 5 by the close of 
business on November 7, 1996.

ADDRESSES: Copies of Indiana's application for a full determination of 
adequacy are available for inspection and copying from 9 a.m to 4 p.m. 
during normal working days at the following addresses: Indiana 
Department of Environmental Management, 100 North Senate Avenue, 
Indianapolis, Indiana 46206, Attn: Ms. Lynn West; and U.S. EPA Region 
5, 77 West Jackson Boulevard, Chicago, Illinois 60604, Attn: Ms. Susan 
Mooney, mail code DRP-8J. All written comments should be sent to the 
EPA Region 5 Office.

FOR FURTHER INFORMATION CONTACT: U.S. EPA Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois, 60604, Attn: Ms. Susan Mooney, mailcode 
DRP-8J, telephone (312) 886-3585.

SUPPLEMENTARY INFORMATION:

A. Background

    On October 9, 1991, the U.S. EPA promulgated revised Federal MSWLF 
Criteria (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 
revised

[[Page 52792]]

Federal Criteria. Subtitle D also requires in Section 4005 that the 
U.S. EPA determine the adequacy of State municipal solid waste landfill 
permit programs to ensure that facilities comply with the revised 
Federal MSWLF Criteria. To fulfill this requirement, the Agency has 
proposed the State/Tribal Implementation Rule (STIR). The rule 
specifies the requirements which State/Tribal programs must satisfy to 
be determined adequate.
    The U.S. EPA will review the State/Tribe's requirements to 
determine whether they are ``adequate'' under Section 4005(c)(1)(C) of 
RCRA. The U.S. 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 the revised Federal MSWLF Criteria. 
Second, 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 must also provide for public 
participation in permit issuance and enforcement as required in Section 
7004(b) of RCRA. Third, the U.S. 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 who 
fails to comply with an approved MSWLF program.
    The U.S. EPA Regions will determine whether a State/Tribe has 
submitted an ``adequate'' program based on the interpretation outlined 
above.

B. State of Indiana

    On June 3, 1993, Indiana submitted an application to obtain a 
partial program adequacy determination for the State's municipal solid 
waste landfill permit program. On November 8, 1993, the U.S. EPA 
published a final determination of adequacy for Indiana's program. 
Further background on the final partial program determination of 
adequacy appears at 58 FR 59261, November 8, 1993.
    On June 27, 1996 Indiana amended its June 3, 1993 application to 
apply for full program approval. The amended application includes a 
description of the changes made to Indiana's MSWLF permit program since 
the partial program approval.
    The U.S. EPA has reviewed Indiana's amended application and has 
determined that the State's MSWLF permit program will ensure compliance 
with all portions of the revised Federal Criteria. Specifically, 
Indiana has adequately addressed those portions of its MSWLF permit 
program that were not approved in the partial determination of adequacy 
in November 1993. In addition to those portions of the State's MSWLF 
permit program that were approved on November 8, 1993, the U.S. EPA has 
determined that the State's revised MSWLF permit program will ensure 
adequacy with the following portions of the Federal criteria:
    1. Definitions listed in 40 CFR 258.2
    2. Location restrictions for airports (notification of FAA only), 
floodplains for existing MSWLF units, fault areas, seismic impact 
zones, unstable areas and closure of existing MSWLF units in 40 CFR 
258.10(b), 258.11, 258.13, 258.14, 258.15, and 258.16.
    3. Operating requirements for the exclusion of hazardous waste, 
quarterly monitoring of explosive gases, implementation of remediation 
plan for explosive gas control, and recordkeeping in 40 CFR 258.20, 
258.23(b)(2), 258.23(c)(2) and (3), and 258.29.
    4. Design requirements in 40 CFR 258.40.
    5. Field filtering provisions in 40 CFR 258.53(b).
    6. Detection and assessment groundwater monitoring programs and 
parameters that are consistent with the revised Federal Criteria in 40 
CFR 258.54 and 258.55.
    7. Corrective action, as described in 40 CFR 258.56, 258.57, and 
258.58.
    8. Final cover (40 CFR 258.60(a) and (b)), the maximum inventory of 
waste ever on-site in the closure plan (40 CFR 258.60(c)(3)), and the 
requirement to include a description of planned uses of the MSWLF in 
the post-closure care plan (40 CFR 258.61(c)(3)).
    9. Financial assurance for corrective action (40 CFR 258.73).
    As described in the November 8, 1993 partial program approval, 
Indiana's MSWLF permit program has the authority to issue permits that 
incorporate the requirements in the revised Federal MSWLF Criteria to 
all MSWLFs in the State. In addition, Indiana's permit program contains 
provisions for public participation, compliance monitoring, and 
enforcement.
    The Indiana compliance monitoring program has the authority to 
obtain information from a MSWLF facility, as well as the authority to 
enter and inspect any MSWLF site or record pertaining to solid waste 
management, to determine compliance. Indiana has mechanisms to verify 
the accuracy of information submitted by a MSWLF facility to verify the 
sampling methods used by a MSWLF facility, and to produce evidence 
admissible in an enforcement proceeding. Indiana has the authority to 
conduct monitoring or testing to ensure compliance. Indiana inspects 
MSWLFs to verify and document compliance with solid waste regulations, 
deter violations, and provide opportunities to inform and educate the 
regulated community.
    Indiana has the authority to implement the following remedies for 
violation of program requirements:
    1. Authority to restrain a person from conducting an activity that 
may endanger or cause damage of human health or the environment;
    2. Authority to sue an individual who is violating provisions of 
any statutes, regulations, orders, or permits that have been issued by 
the State; and
    3. Authority to administratively assess penalties for violating 
statutes, regulations, orders, or permits.

C. Decision

    After reviewing the amended application, I conclude that Indiana's 
application for full program adequacy determination meets all of the 
statutory and regulatory requirements established by RCRA. Accordingly, 
Indiana is granted a full program determination of adequacy.
    Section 4005(a) of RCRA provides that citizens may use the citizen 
suit provisions of Section 7002 of RCRA to enforce the revised Federal 
MSWLF criteria in 40 CFR Part 258 independent of any State enforcement 
program. As the U.S. EPA explained in the preamble to the revised 
Federal MSWLF Criteria, the U.S. EPA expects that any owner or operator 
complying with provisions in a State/Tribal program approved by the 
U.S. EPA should be considered to be in compliance with the revised 
Federal MSWLF Criteria. See 56 FR 50978, 50995 (October 9, 1991).
    Today's action takes effect 60 days after the date of publication 
if no adverse comments are received.

Compliance With Executive Order 12866

    The Office of Management and Budget has exempted this rule 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 rule, therefore, does not require a 
regulatory flexibility analysis.

[[Page 52793]]

Submission to Congress and the General Accounting Office

    Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report 
containing this rule and other required information to the U.S. Senate, 
the U.S. House of Representatives and the Comptroller General of the 
General Accounting Office prior to publication of this rule in today's 
Federal Register. This rule is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

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

    Dated: September 20, 1996.
Norman Niedergang,
Acting Regional Administrator.
[FR Doc. 96-25790 Filed 10-7-96; 8:45 am]
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