[Federal Register Volume 61, Number 225 (Wednesday, November 20, 1996)]
[Notices]
[Pages 59096-59098]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-29658]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-5651-7]


Wisconsin: 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 
Wisconsin'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).

[[Page 59097]]

RCRA section 4005(c)(1)(C) requires the United States Environmental 
Protection Agency (USEPA) to determine whether States have adequate 
``permit'' programs for MSWLFs, but does not mandate issuance of a rule 
governing such determinations. The USEPA has proposed a State/Tribal 
Implementation Rule (STIR) (61 FR 2584, January 26, 1996) that provides 
procedures by which the USEPA 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.
    Wisconsin applied for a partial program determination of adequacy 
under Section 4005 of RCRA on July 27, 1992. The USEPA reviewed 
Wisconsin's application and made a final determination of adequacy (57 
FR 61899, December 29, 1992) for those portions of the MSWLF permit 
program that were adequate to ensure compliance with the revised 
Federal MSWLF Criteria. Wisconsin amended its original application and 
applied for full program approval on September 27, 1996. The USEPA 
reviewed Wisconsin's amended application and today is issuing a 
tentative determination of adequacy for all portions of Wisconsin's 
MSWLF permit program. Wisconsin'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: All comments on Wisconsin's application for a full determination 
of adequacy must be received by the U.S. EPA Region 5 by the close of 
business on December 20, 1996. The determination of adequacy for 
Wisconsin shall be effective on January 21, 1997 unless adverse 
comments are received. If adverse comments are received, a second 
Federal Register Notice will be published describing these comments and 
the US EPA's responses to the comments and decision on final adequacy.

ADDRESSES: Copies of Wisconsin's application for a full determination 
of adequacy are available for inspection and copying from 9AM to 4PM 
during normal working days at the following addresses: Wisconsin 
Department of Natural Resources, 101 South Webster Street, Madison, 
Wisconsin, 53707, Attn: Mr. Paul Huebner; 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: USEPA 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 USEPA 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 Federal Criteria. Subtitle D also requires in Section 4005 that 
the USEPA 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 USEPA will review the State/Tribe's requirements to determine 
whether they are ``adequate'' under Section 4005(c)(1)(C) of RCRA. The 
USEPA 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 USEPA 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 USEPA Regions will determine whether a State/Tribe has 
submitted an ``adequate'' program based on the interpretation outlined 
above.

B. State of Wisconsin

    On July 27, 1992, Wisconsin submitted an application to obtain a 
partial program adequacy determination for the State's municipal solid 
waste landfill permit program. On December 29, 1992, the USEPA 
published a final determination of adequacy for Wisconsin's program. 
Further background on the final partial program determination of 
adequacy appears at 57 FR 61899, December 29, 1992.
    On September 27, 1996 Wisconsin amended its July 27, 1992 
application to apply for full program approval. The amended application 
includes a description of the changes made to Wisconsin's MSWLF permit 
program since the partial program approval.
    The USEPA has reviewed Wisconsin'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, 
Wisconsin has adequately addressed those portions of its MSWLF permit 
program that were not approved in the partial determination of adequacy 
in December 1992. In addition to those portions of the State's MSWLF 
permit program that were approved on December 29, 1992, the US EPA has 
determined that the State's revised MSWLF permit program will ensure 
adequacy with the following portions of the Federal criteria:
    1. Location restrictions for fault areas, seismic impact zones, and 
unstable areas in 40 CFR 258.13, 258.14, and 258.15.
    2. Operating requirements for the exclusion of hazardous waste, 
explosive gas control, run-on/run-off control systems, and 
recordkeeping in 40 CFR 258.20, 258.23, 258.26, and 258.29.
    3. Design requirements in 40 CFR 258.40(a).
    4. Field filtering provisions in 40 CFR 258.53(b).
    5. Detection and assessment groundwater monitoring parameters that 
are consistent with the revised Federal Criteria in 40 CFR 258.54 and 
258.55.
    6. Financial assurance requirements in 40 CFR 258.70(a).

[[Page 59098]]

    As described in the December 29, 1992 partial program approval, 
Wisconsin'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, Wisconsin's permit program 
contains provisions for public participation, compliance monitoring, 
and enforcement.
    The Wisconsin 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. Wisconsin 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. Wisconsin has the authority to 
conduct monitoring or testing to ensure compliance. Wisconsin inspects 
MSWLFs to verify and document compliance with solid waste regulations, 
deter violations, and provide opportunities to inform and educate the 
regulated community.
    Wisconsin 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 
Wisconsin's application for full program adequacy determination meets 
all of the statutory and regulatory requirements established by RCRA. 
Accordingly, Wisconsin 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 USEPA explained in the preamble to the revised Federal 
MSWLF Criteria, the USEPA expects that any owner or operator complying 
with provisions in a State/Tribal program approved by the USEPA 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.

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 House of Representatives and the Comptroller General of the General 
Accounting Office prior to publication of this rule in todays 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: October 28, 1996.
Valdas V. Adamkus,
Regional Administrator.
[FR Doc. 96-29658 Filed 11-19-96; 8:45 am]
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