[Federal Register Volume 64, Number 192 (Tuesday, October 5, 1999)]
[Notices]
[Pages 54013-54014]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-25840]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL 6451-4]


Guam: Adequacy Determination of State Municipal Solid Waste 
Permit Program

AGENCY: Environmental Protection Agency.

ACTION: Notice of tentative determination to fully approve the adequacy 
of the Guam Municipal Solid Waste Permitting Program, public hearing, 
and public comment period.

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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(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. 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 
flexibilities provided by 40 CFR part 258 to the extent the State 
permit program allows such flexibility. EPA notes that, regardless of 
the approval status of any facility, the federal landfill criteria 
shall apply to all permitted and unpermitted MSWLF facilities.
    Guam is defined as a ``State'' in 40 CFR part 258.2. Guam has 
applied for a determination of adequacy under Section 4005(c)(1)(C) of 
RCRA, 42 U.S.C. 6945(c)(1)(C). EPA Region IX has reviewed Guam's MSWLF 
permit program application and has made a tentative determination that 
all portions of Guam's MSWLF permit program are adequate to assure 
compliance with the revised MSWLF Criteria. Guam's application for 
program adequacy determination is available for public review and 
comment at the place(s) listed in the ADDRESSES section below during 
regular office hours.
    Although RCRA does not require EPA to hold a public hearing on a 
determination to approve any State's MSWLF permit program, the Region 
has tentatively scheduled a public hearing on this determination. If a 
sufficient number of persons express interest in participating in a 
hearing by writing to the Region IX Solid Waste Program or calling the 
contact given below within 30 days of the date of publication of this 
notice, the Region will hold a hearing in Tiyan, Guam. The Region will 
notify all persons who submit comments on this notice if it appears 
that there is sufficient public interest to warrant a hearing. In 
addition, anyone who wishes to learn whether the hearing will be held 
may call the person listed in the CONTACTS section below.

DATES: All comments on Guam's application for a determination of 
adequacy must be received by the close of business on November 1, 1999. 
If there is sufficient interest, a public hearing will be held in 
Tiyan, Guam at least 45 days from the date of publication of this 
notice. The State will

[[Page 54014]]

participate in the public hearing, if held by EPA on this subject.

ADDRESSES: Written comments should be sent to Ms. Heidi Hall, Chief, 
Solid Waste Program, mail code WST-7, EPA Region IX, 75 Hawthorne 
Street, San Francisco, California 94105. The public hearing, if held, 
will be held at the Guam Environmental Protection Agency's Main 
Conference Room, Building 15-6101 Mariner Avenue, Tiyan, Guam. Copies 
of Guam's application for adequacy determination are available at the 
following address for inspection and copying: Guam Environmental 
Protection Agency, Calibration Laboratory Building, 15-6101 Mariner 
Ave. Tiyan, Barrigada, Guam between the hours of 8:00 a.m. and 5:00 
p.m.

FOR FURTHER INFORMATION CONTACT: EPA Region IX 75 Hawthorne Street, San 
Francisco, California 94105 attention Ms. Beth Godfrey, mail code WST-
7, telephone 415 744-2095.

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 fulfil this 
requirement, the Agency has promulgated the Final State Implementation 
Rule (SIR). The rule specifies the requirements which State programs 
must satisfy to be determined adequate.
    EPA interprets the requirement for states 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 must have enforceable standards for new 
and existing MSWLFs that are technically comparable to EPA's revised 
MSWLF criteria. Next, the State must have the authority to issue a 
permit or other notice of prior approval and conditions to all new and 
existing MSWLFs in it jurisdiction. The State 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 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 will determine whether a State has submitted an 
``adequate'' program based on the interpretation outlined above. EPA 
expects States to meet all of these requirements for all elements of a 
MSWLF program before it gives full approval to a MSWLF program.

B. Guam

    On August 24, 1998 EPA Region IX received Guam's final MSWLF Permit 
Program application for adequacy determination. Region IX reviewed the 
final application, submitted comments to Guam, and requested additional 
information about the state program implementation. Guam addressed 
EPA's comments, provided the requested additional information, and 
submitted a revised final application for adequacy determination on 
June 16, 1999. Region IX has reviewed Guam's revised application and 
has tentatively determined that all portions of Guam's MSWLF program 
meet all the requirements necessary to qualify for full program 
approval and ensures compliance with the revised Federal Criteria.
    The public may submit written comments on EPA's tentative 
determination until November 1, 1999. Copies of Guam's application are 
available for inspection and copying at the location indicated in the 
ADDRESSES section of this notice.
    To ensure full compliance with the Federal Criteria, Guam has 
revised its current MSWLF permitting requirements by amendment of the 
Solid Waste Disposal Rules and Regulations. This document has 
incorporated those requirements from the federal criteria not found in 
Guam's existing MSWLF program and are applicable to all existing MSWLFs 
and to all MSWLF permit applications. Guam will implement its MSWLF 
permit program through enforceable permit conditions.
    EPA will consider all public comments on its tentative 
determination received during the public comment period and during any 
public hearing held. Issues raised by those comments may be the basis 
for a determination of inadequacy for Guam's program. EPA will make a 
final decision on approval of Guam's program and will give notice of 
the final determination in the Federal Register. The notice shall 
include a summary of the reasons for the final determination and a 
response to all significant comments.
    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 Criteria in 40 CFR part 258 independent of 
any State 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 program approved by 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 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.

    Dated: September 21, 1999.
Felicia Marcus,
Regional Administrator.
[FR Doc. 99-25840 Filed 10-4-99; 8:45 am]
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