[Federal Register Volume 68, Number 2 (Friday, January 3, 2003)]
[Notices]
[Pages 366-368]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-107]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7435-4]


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 final determination of full program adequacy of the 
Commonwealth of the Northern Mariana Islands (CNMI) municipal solid 
waste landfill permit program.

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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.

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    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 final 
determination that all portions of the CNMI's permit program 
application are adequate to ensure compliance with the revised MSWLF 
criteria.
    On February 27, 2002, EPA published in the Federal Register its 
tentative determination that the CNMI MSWLF permit program would ensure 
compliance with the revised Federal Criteria. In the notice of 
tentative determination, EPA announced that the CNMI application would 
be available for public review during EPA's public comment period. 
Although not required by RCRA, EPA offered to hold a public hearing if 
there was sufficient public interest. EPA determined that there was not 
sufficient public interest to hold a public meeting, and the public 
comment period ended on April 29, 2002.

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 (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. EPA reviewed 
the CNMI's final application and on February 27, 2002, published in the 
Federal Register its tentative determination that the CNMI MSWLF permit 
program met the requirements necessary to qualify for full program 
approval and ensure compliance with the revised Federal Criteria.
    In the notice of tentative determination, EPA announced the 
availability of the application for public comments. Although not 
required by RCRA, EPA offered to hold a public hearing if there was 
sufficient public interest. The public comment period ended on April 
29, 2002, and EPA determined that there was not sufficient public 
interest to hold a public meeting.
    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. Today's document gives public notice of EPA's final 
determination of full program adequacy for the CNMI MSWLF permit 
program.
    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 $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 a 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

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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 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.

G. 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: December 23, 2002.
Laura Yoshii,
Acting Regional Administrator, Region 9.
[FR Doc. 03-107 Filed 1-2-03; 8:45 am]
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