[Federal Register Volume 67, Number 39 (Wednesday, February 27, 2002)]
[Notices]
[Pages 8966-8968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-4648]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7146-8]


The Commonwealth of the Northern Mariana Islands; Full Program 
Adequacy Determination of State Municipal Solid Waste Landfill Permit 
Program

AGENCY: Environmental Protection Agency.

ACTION: Notice of tentative determination of full program adequacy of 
the Commonwealth of the Northern Mariana Islands (CNMI) Municipal Solid 
Waste Landfill 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 conditionally exempt small quantity generator waste, comply with the 
revised Federal MSWLF Criteria. Section 4005(c)(1)(C) of RCRA requires 
the Environmental Protection Agency (EPA) to determine whether States 
have adequate permit programs for MSWLFs. Approval of State permit 
programs allows the State to tailor permits to include site-specific 
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.
    The CNMI is defined as a ``State'' in 40 CFR 258.2. The CNMI 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 the CNMI's 
MSWLF permit program application and has made a tentative determination 
that all portions of the CNMI's permit program application are adequate 
to ensure compliance with the revised MSWLF criteria. The CNMI's 
application for program adequacy is available for public review and 
comment during regular business hours at the place(s) listed in the 
ADDRESSES section below.
    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 an interest in participating in a 
hearing by writing to the Region IX Office of Pollution Prevention and 
Solid Waste at the address listed in the ADDRESSES section below or by 
calling the contact given in the FOR FURTHER INFORMATION CONTACT 
section below within 30 days of the date of publication of this notice, 
the Region will hold a hearing in Susupe, Saipan, CNMI. 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 FOR FURTHER INFORMATION CONTACT 
section below.

DATES: All comments on the CNMI's application for a determination of 
adequacy must be received by the close of business on April 29, 2002.
    If, and only if, sufficient public interest in having a public 
hearing is requested on or before March 29, 2002, a public hearing to 
receive oral and written testimony on EPA's tentative determination 
will be held on April 29, 2002, from 6:00 p.m. to 8:00 p.m. If EPA 
determines that more time for receiving testimony is needed, EPA may 
extend the closing time up to 8:30 p.m. on this date. The hearing, if 
held, will be April 29, 2002. At the hearing, EPA may limit oral 
testimony to five minutes per speaker, depending on the number of 
commenters. Commenters presenting oral testimony must also submit their 
comments in writing at the hearing on April 29, 2002. The hearing may 
adjourn earlier than 8:00 p.m. if all of the speakers deliver their 
comments before that hour. The State will participate in the public 
hearing, if held by EPA, on this subject.
    Requests for a public hearing must be in writing and must be 
received by the EPA contact shown in this document before the close of 
business on March 29, 2002, and should include a statement on the 
writer's reason for wanting a public hearing. EPA will determine, 
within twelve calendar days of the date by which requests must be 
received, whether a public hearing is warranted. After twelve days, 
anyone may contact the EPA person listed in the FOR FURTHER INFORMATION 
CONTACT section to find out if a public hearing will be held.

ADDRESSES: Written comments and requests for a public hearing should be 
sent to Ms. Heidi Hall, Chief, Office of Pollution Prevention and Solid 
Waste, mail code WST-7, EPA Region IX, 75 Hawthorne Street, San 
Francisco, California 94105. Comments may also be submitted 
electronically by sending electronic mail (e-mail) through the Internet 
to: [email protected]. Comments in electronic format should clearly 
identify the subject matter. All electronic comments must be submitted 
as an ASCII file avoiding the use of special characters and any form of 
encryption.
    The public hearing, if held, will be at the Joeten-Kiyu Public 
Library in Susupe, Saipan, CNMI. Copies of the CNMI's application for 
adequacy determination are available at the following addresses for 
inspection and copying: CNMI Division of Environmental Quality, Third 
Floor, Morgen Building, San Jose, Saipan, CNMI, between the hours of 
8:00 a.m. and 4:30 p.m., telephone 670-664-8500; and, by prior visiting 
arrangements, at the EPA Region IX Library, 75 Hawthorne Street, San 
Francisco, California 94105, between the hours of 9:00 a.m. and 4:00 
p.m., telephone 415-972-3658 or 415-972-3383 to make visiting 
arrangements.

FOR FURTHER INFORMATION CONTACT: Ms. Kelly Doordan, Office of Pollution 
Prevention and Solid Waste, mail code WST-7, EPA Region IX, 75 
Hawthorne Street, San Francisco, California 94105, telephone 415-972-
3383, or via the Internet: [email protected].

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 
fulfill this requirement, the EPA has promulgated the Final State 
Implementation Rule

[[Page 8967]]

(SIR), which can be found at 40 CFR part 239. 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 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 requirements of the SIR. 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. CNMI

    On September 19, 2001 EPA Region IX received the CNMI's MSWLF 
Permit Program application for adequacy determination. Region IX 
reviewed the application, submitted comments to the CNMI, and requested 
supplementary information about the state program implementation. The 
CNMI addressed EPA's comments, provided the requested additional 
information, and submitted a revised narrative portion of the final 
application for adequacy determination on January 4, 2002. Region IX 
has reviewed the CNMI's final application and has tentatively 
determined that all portions of the CNMI's MSWLF permit program meet 
the requirements necessary to qualify for full program approval and 
ensure compliance with the revised Federal Criteria.
    The CNMI has three municipal solid waste dumps that are currently 
out of compliance with the federal criteria for MSWLFs: the Puerto Rico 
Dump (PRD) on Saipan, one dump on Tinian, and one dump on Rota. The 
CNMI has developed a schedule for closure of the PRD and construction 
of a new MSWLF on Saipan. The federal regulations do not allow location 
of a landfill in a seismic zone without an approved State program. As 
the entire island of Saipan is considered a seismic zone, the CNMI 
intends to utilize the flexibility provisions afforded to approved 
states under particular circumstances to construct a new MSWLF in a 
seismic impact zone and to use an alternative landfill liner.
    During the application review process, EPA expressed concern about 
the CNMI's staffing capacity and anticipated schedule for bringing the 
dumps on Tinian and Rota into compliance with federal criteria. On 
January 4, 2002, the CNMI sent EPA a supplement to the original 
application with additional information on CNMI commitments to 
maintaining adequate staffing levels to oversee the program and to 
developing integrated solid waste management and dump closure plans for 
Tinian and Rota.
    The public may submit written comments on EPA's tentative 
determination until April 29, 2002. Copies of the CNMI's application 
are available for inspection and copying at the locations indicated in 
the ADDRESSES section of this notice.
    EPA will consider all public comments on this tentative 
determination that are received during the public comment period and 
during any public hearing, if a hearing is held. Issues raised by those 
comments may be the basis for a determination of inadequacy for the 
CNMI's program. EPA will make a final decision on approval of the 
CNMI'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).

Administrative Requirements

A. Compliance With Executive Order 12866

    Executive Order 12866 requires Office of Management and Budget 
review of ``significant regulatory actions.'' Significant regulatory 
actions are defined as those that (1) have an annual effect on the 
economy of $100 million or more or adversely affect a sector of the 
economy, including state, local or tribal governments or communities; 
(2) create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency; (3) materially alter the 
budgetary impact of entitlements, grants, user fees, or loan programs 
or the rights or obligations of recipients; or (4) raise novel legal or 
policy issues. This tentative decision is not a ``significant 
regulatory action'' and is not subject to the requirements of Executive 
Order 12866.

B. 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.

C. Unfunded Mandates Act

    Under Section 202 of the Unfunded Mandates and Reform Act of 1995, 
EPA must prepare a budgetary impact statement to accompany any proposed 
or final rule that includes a federal mandate that may result in 
estimated costs to state or local governments in the aggregate, or to 
the private sector, of $100 million or more. The EPA has determined 
that the approval action being promulgated does not include a federal 
mandate that may result in costs of $100 million or more to either 
state or local governments in the aggregate, or to the private sector. 
This federal action approves preexisting requirements under state law, 
and imposes no new requirements. Accordingly, no additional costs to 
state or local governments, or to the private sector, result from this 
action.

D. Executive Order 12875

    Executive Order 12875 is intended to develop an effective process 
to permit elected officials and other representatives of state or local 
governments to provide meaningful input in the development of 
regulatory proposals containing significant unfunded mandates. Since 
this final federal action approves preexisting requirements of state 
law, no new unfunded mandates result from this action. See also the 
discussion under C, above, Unfunded Mandates Act.

E. Executive Order 13045

    Executive Order 13045, effective April 21, 1997, concerns 
protection of children from environmental health and

[[Page 8968]]

safety risks, and applies to regulatory action that is ``economically 
significant'' in that such action may result in an annual effect on the 
economy of $100 million or more. The EPA has determined that the 
approval action being promulgated will not have a significant effect on 
the economy. This federal action approves preexisting requirements 
under state law, and imposes no new requirements. Accordingly, 
Executive Order 13045 does not apply to this action.

F. Executive Order 12898

    Executive Order 12898 requires agencies to consider impacts on the 
health and environmental conditions in minority and low-income 
communities with the goal of achieving environmental justice. This 
tentative determination is consistent with Executive Order 12898.

    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: January 23, 2002.
Wayne Nastri,
Regional Administrator, Region 9.
[FR Doc. 02-4648 Filed 2-26-02; 8:45 am]
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