United States Government Publishing Office
publisher
pbl
distributor
dst
United States
National Archives and Records Administration
Office of the Federal Register
author
aut
Government Organization
text
government publication
eng
FR
Regulatory Information
1996_register
executive
2010-09-24
article
South Dakota; Final Determination of Adequacy of State's Municipal Solid Waste Permit Program Over Non-Indian Lands for the Former Lands of the Yankton Sioux, Lake Traverse (Sisseton-Wahpeton) and Parts of the Rosebud Indian Reservation
Notices
D09002ee1be02e501
D09002ee1be02e589
United States
Environmental Protection Agency
originator
org
United States Government Agency or Subagency
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 hazardous household waste or conditionally exempt small quantity generator waste will comply with the revised Federal MSWLF Criteria (40 CFR Part 258). RCRA Section 4005(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. EPA has drafted and is in the process of proposing a State/Tribal Implementation Rule (STIR) that will provide procedures by which EPA will approve, or partially approve, State/Tribal landfill permit programs. The Agency intends to approve adequate State/Tribal MSWLF permit programs as applications are submitted. Thus, these approvals are not dependent on final promulgation of the STIR. Prior to promulgation of the STIR, adequacy determinations will be made based on the statutory authorities and requirements. In addition, States/Tribes may use the draft STIR as an aid in interpreting these requirements. The Agency believes that early approvals have an important benefit. Approved State/Tribe 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 Part 258 to the extent the State/Tribal permit program allows such flexibility. EPA notes that regardless of the approval status of a State/Tribe and the permit status of any facility, the Federal landfill Criteria will apply to all permitted and unpermitted MSWLFs. The State of South Dakota applied for a determination of adequacy under Section 4005 of RCRA for jurisdiction over non-Indian lands for the Yankton Sioux Reservation, Lake Traverse (Sisseton-Wahpeton) Reservation and parts of the Rosebud Indian Reservation lying within Gregory, Tripp, Lyman and Mellette Counties. EPA has reviewed South Dakota's application and has made a final determination that the South Dakota application is adequate for all lands, other than Indian Country as defined in 18 U.S.C. Section 1151, that were formerly within the 1867 Lake Traverse Reservation boundaries and for all lands in Gregory, Tripp, Lyman and Mellette Counties that were formerly within the 1889 Rosebud Sioux Reservation boundaries. EPA believes that the State of South Dakota has not sufficiently demonstrated that the Yankton Sioux Reservation was disestablished by Act of Congress (26 Stat. 286, 314), and thus, the lands within the exterior boundaries of the Yankton Sioux Reservation remain Indian Country. South Dakota's application for program adequacy determination and the all comments received in regard to that application are available for public review and comment.
61 FR 48683
https://www.govinfo.gov/app/details/FR-1996-09-16/96-23653
96-23653
fr16se96-77
6560-50-P
FRL-5550-7
Region 8
https://www.govinfo.gov/app/details/FR-1996-09-16/96-23653
https://www.govinfo.gov/content/pkg/FR-1996-09-16/html/96-23653.htm
https://www.govinfo.gov/content/pkg/FR-1996-09-16/pdf/96-23653.pdf
4 p.
48683
48686
61 FR 48683
South Dakota; Final Determination of Adequacy of State's Municipal Solid Waste Permit Program Over Non-Indian Lands for the Former Lands of the Yankton Sioux, Lake Traverse (Sisseton-Wahpeton) and Parts of the Rosebud Indian Reservation; Federal Register Vol. 61, Issue
NOTICE
96-23653
ENVIRONMENTAL PROTECTION AGENCY
FRL-5550-7
Region 8
6560-50-P
96-23653
Notice of final determination on application of the State of South Dakota for program adequacy determination.
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 hazardous household waste or conditionally exempt small quantity generator waste will comply with the revised Federal MSWLF Criteria (40 CFR Part 258). RCRA Section 4005(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. EPA has drafted and is in the process of proposing a State/Tribal Implementation Rule (STIR) that will provide procedures by which EPA will approve, or partially approve, State/Tribal landfill permit programs. The Agency intends to approve adequate State/Tribal MSWLF permit programs as applications are submitted. Thus, these approvals are not dependent on final promulgation of the STIR. Prior to promulgation of the STIR, adequacy determinations will be made based on the statutory authorities and requirements. In addition, States/Tribes may use the draft STIR as an aid in interpreting these requirements. The Agency believes that early approvals have an important benefit. Approved State/Tribe 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 Part 258 to the extent the State/Tribal permit program allows such flexibility. EPA notes that regardless of the approval status of a State/Tribe and the permit status of any facility, the Federal landfill Criteria will apply to all permitted and unpermitted MSWLFs. The State of South Dakota applied for a determination of adequacy under Section 4005 of RCRA for jurisdiction over non-Indian lands for the Yankton Sioux Reservation, Lake Traverse (Sisseton-Wahpeton) Reservation and parts of the Rosebud Indian Reservation lying within Gregory, Tripp, Lyman and Mellette Counties. EPA has reviewed South Dakota's application and has made a final determination that the South Dakota application is adequate for all lands, other than Indian Country as defined in 18 U.S.C. Section 1151, that were formerly within the 1867 Lake Traverse Reservation boundaries and for all lands in Gregory, Tripp, Lyman and Mellette Counties that were formerly within the 1889 Rosebud Sioux Reservation boundaries. EPA believes that the State of South Dakota has not sufficiently demonstrated that the Yankton Sioux Reservation was disestablished by Act of Congress (26 Stat. 286, 314), and thus, the lands within the exterior boundaries of the Yankton Sioux Reservation remain Indian Country. South Dakota's application for program adequacy determination and the all comments received in regard to that application are available for public review and comment.
September 16, 1996.
Linda Walters, Mail Code 8P2-P2, Pollution Prevention Branch, U.S. EPA Region 8, 999 18th Street, Denver, Colorado, 80202-2466, telephone (303) 312-6385.
Federal Register
Vol. 61, no. 180
Office of the Federal Register, National Archives and Records Administration
1996-09-16
continuing
daily
deposited
born digital
225 p.
Table of Contents:
AE 2.7:
GS 4.107:
AE 2.106:
KF70.A2
https://www.govinfo.gov/app/details/FR-1996-09-16
P0b002ee180a2898d
0097-6326
0042-1219
0364-1406
769-004-00000-9
000582072
f:fr16se96
https://www.govinfo.gov/app/details/FR-1996-09-16
https://www.govinfo.gov/content/pkg/FR-1996-09-16/pdf/FR-1996-09-16.pdf
fdlp
48601
48814
DGPO
2010-09-24
2023-05-06
FR-1996-09-16
machine generated
eng
FR
FR-1996-09-16
61
180