[Federal Register Volume 62, Number 67 (Tuesday, April 8, 1997)]
[Notices]
[Pages 16804-16806]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-8672]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-5806-1]


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

AGENCY: Environmental Protection Agency.

ACTION: Notice of final determination of adequacy for Michigan's 
amended 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 (SIR) (61 FR 2584, January 
26, 1996) that provides procedures by which the U.S. EPA will approve, 
or partially approve, State 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 SIR. Prior to final promulgation of the SIR, 
adequacy determinations will be made based on statutory authorities and 
requirements. In addition, States may use the proposed SIR as an aid in 
interpreting these requirements. The Agency believes that early 
approvals have an important benefit. Approved State permit programs 
provide for interaction between the State and the owner/operator 
regarding site-specific permit conditions. Only those owners/operators 
located in States with approved permit programs can use the site-
specific flexibility provided by 40 CFR part 258 to the extent the 
State permit program allows such flexibility.
    Michigan applied for a partial program determination of adequacy 
under Section 4005 of RCRA on October 6, 1993. The U.S. EPA reviewed 
Michigan's application and made a final partial program determination 
of adequacy on March 10, 1994 (59 FR 11268, March 10, 1994) for those 
portions of the MSWLF permit program that were adequate to ensure 
compliance with the revised Federal MSWLF Criteria. Michigan amended 
its original application and applied for approval of the remaining 
portion of its program on March 3, 1997. The U.S. EPA reviewed 
Michigan's amended application and today is issuing a tentative 
determination of adequacy for the remaining portion of Michigan's MSWLF 
permit program relating to financial assurance requirements. Michigan's 
amended application is

[[Page 16805]]

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 Michigan's amended application for a 
determination of adequacy must be received by the U.S. EPA Region 5 by 
the close of business on May 8, 1997. The determination of adequacy for 
Michigan shall be effective on June 9, 1997, 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.

ADDRESSES: Copies of Michigan's amended application for a determination 
of adequacy for the financial assurance requirements are available for 
inspection and copying from 9 AM to 4 PM during normal working days at 
the following addresses: Michigan Department of Environmental Quality, 
Hollister Building--1st Floor, Lansing, Michigan, 48909, Attn: Mr. Jim 
Sygo; and U.S. EPA Region 5, 77 West Jackson Boulevard, Chicago, 
Illinois 60604, Attn: Mr. Paul Ruesch, mail code DRP-8J. All written 
comments should be sent to the U.S. EPA Region 5 Office.

FOR FURTHER INFORMATION CONTACT: U.S. EPA Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois, 60604 Attn: Mr. Paul Ruesch, mail code 
DRP-8J, telephone (312) 886-7598.

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 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 (SIR). The rule will 
specify the requirements which State programs must satisfy to be 
determined adequate. The U.S. EPA will review the State's requirements 
to determine whether they are ``adequate'' under section 4005(c)(1)(C) 
of RCRA.

B. State of Michigan

    On October 6, 1993, Michigan submitted an application to obtain a 
partial program adequacy determination for the State's municipal solid 
waste landfill permit program. On March 10, 1994, the U.S. EPA 
published a final determination of adequacy for Michigan's program. 
Further background on the final partial program determination of 
adequacy appears at 59 FR 11268, March 10, 1994.
    On March 3, 1997, Michigan amended its October 6, 1993, application 
to apply for approval of the remaining portion of its program, 
specifically the financial assurance requirements. The amended 
application includes a description of the changes made to Michigan's 
MSWLF permit program since the partial program approval.
    The U.S. EPA has reviewed Michigan's amended application and has 
determined that the State's revised MSWLF permit program will satisfy 
the financial assurance portions of the revised Federal Criteria. 
Specifically, Michigan has adequately addressed those portions of its 
MSWLF permit program that were not approved in the partial 
determination of adequacy in March 1994. The U.S. EPA has determined 
that the State's revised MSWLF permit program will ensure adequacy with 
the financial assurance requirements (40 CFR 258.70, 258.71, 258.72, 
258.73, 258.74).

C. Decision

    After reviewing the amended application, I conclude that Michigan's 
application for a determination of adequacy for financial assurance 
requirements meets all of the statutory and regulatory requirements 
established by Subtitle D of RCRA. Accordingly, the U.S. EPA is 
granting a determination of adequacy for the portion of Michigan's 
MSWLF permit program relating to financial assurance requirements.
    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 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.
    The U.S. EPA wishes to note that it presently has pending before it 
a request, submitted in a letter dated June 14, 1996, by the Michigan 
Environmental Council (MEC), to revoke Michigan's National Pollution 
Discharge Elimination System (NPDES) and Prevention of Significant 
Deterioration (PSD) program approvals, not grant additional program 
delegations and not grant program approval for Boiler and Industrial 
Furnace revisions under RCRA. This request is based upon Michigan's 
recent enactment of Public Act 132 of 1996, which establishes certain 
environmental audit privilege and immunity provisions in the State's 
natural resources and environmental protection code. In response to the 
request, the U.S. EPA is currently in the process of reviewing Public 
Act 132 of 1996 and its potential impact on Michigan's federally 
delegated, approved and authorized programs, including RCRA.
    The U.S. EPA's proposed action today only addresses Michigan's 
MSWLF permit program financial assurance requirements. The U.S. EPA's 
decision to grant Michigan's application for a determination of 
adequacy for these requirements does not express any viewpoint on the 
question of whether there are legal deficiencies in Michigan's RCRA 
program resulting from Public Act 132 of 1996. The U.S. EPA will 
subsequently address the issues raised by MEC regarding Public Act 132 
of 1996 in responding to the MEC request.

Executive Order 12866

    The Office of Management and Budget has exempted this action from 
the requirements of section 6 of Executive Order 12866.

Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, the 
U.S. EPA generally must prepare a written statement, including a cost-
benefit analysis, for proposed and final rules with ``Federal 
mandates'' that may result in expenditures to State, local, and tribal 
governments, in the aggregate, or to the private sector, of $100 
million or more in any one year.
    Today's proposal contains no Federal mandates (under the regulatory 
provisions of Title II of the UMRA) for State, local, or tribal 
governments or the private sector. Today's proposal would merely 
acknowledge the adequacy of a

[[Page 16806]]

portion of an existing State program. The U.S. EPA has determined that 
this proposal would not contain any Federal mandate that may result in 
expenditures of $100 million or more for State, local, and tribal 
governments, in the aggregate, or the private sector in any one year. 
Therefore, today's proposal is not subject to the requirements of 
section 202 of the UMRA.
    Before the U.S. EPA establishes any regulatory requirements that 
may significantly or uniquely affect small governments, including 
tribal governments, it must have developed under section 203 of the 
UMRA a small government agency plan. The plan must provide for 
notifying potentially affected small governments, enabling officials of 
affected small governments to have meaningful and timely input in the 
development of the U.S. EPA regulatory proposals with significant 
Federal intergovernmental mandates, and informing, educating, and 
advising small governments on compliance with the regulatory 
requirements. Because today's proposal would merely acknowledge the 
adequacy of a portion of an existing approved State program, the U.S. 
EPA has determined that this proposal contains no regulatory 
requirements that might significantly or uniquely affect small 
governments.

Regulatory Flexibility Act

    The Regional Administrator today certifies, pursuant to section 
605(b) of the RFA, that a determination of adequacy for Michigan's 
MSWLF permit program financial assurance requirements will not have a 
significant impact on a substantial number of small entities. It does 
not impose any new burdens on small entities in the State of Michigan. 
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, the U.S. 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 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: March 28, 1997.
Valdas V. Adamkus,
Regional Administrator.
[FR Doc. 97-8672 Filed 4-7-97; 8:45 am]
BILLING CODE 6560-50-P