26546 Federal Register / Vol. 65, No. 89 / Monday, May 8, 2000 / Proposed Rules

This table is not intended to be

exhaustive, but rather provides a guide

for readers likely to be interested in the

revisions to the regulations proposed in

this action. To determine whether your

facility is regulated by this action, you

should carefully examine all of the

applicability criteria in 40 CFR part 63,

subparts F, W, CC, and PPP. If you have

any questions regarding the

applicability of these proposed

amendments to a particular entity,

consult the person listed in the

preceding FOR FURTHER INFORMATION

CONTACT section.

What Are the Administrative

Requirements for This Action?

Regulatory Flexibility Act (RFA), as

Amended by the Small Business

Regulatory Enforcement Fairness Act of

1996 (SBREFA), 5 U.S.C. 601 et seq.

The RFA generally requires an agency

to prepare a regulatory flexibility

analysis of any rule subject to notice

and comment rulemaking requirements

under the Administrative Procedure Act

or any other statute unless the agency

certifies that the rule will not have a

significant economic impact on a

substantial number of small entities.

Small entities include small businesses,

small organizations, and small

governmental jurisdictions.

For purposes of assessing the impact

of this proposed rule on small entities,

small entity is defined as: (1) A small

business that has less than 750

employees and is unaffiliated with a

larger domestic entity; (2) a small

governmental jurisdiction that is a

government of a city, county, town,

school district or special district with a

population of less than 50,000; and (3)

a small organization that is any not-forprofit enterprise which is independently

owned and operated and is not

dominant in its field.

After considering the economic

impacts of this proposed rule on small

entities, I certify that this action will not

have a significant economic impact on

a substantial number of small entities.

We have determined that 7 of the 36

polyether polyol production facilities

are classified as small entities (i.e.,

having fewer than 750 employees). The

EPA determined that none of these

seven small entities will experience an

increase in costs that is greater than one

percent of revenues as a result of this

proposed rule. This does not qualify as

a significant economic impact on a

substantial number of small businesses.

For information regarding other

administrative requirements for this

action, please see the direct final/final

rule action that is located in the ‘‘Rules

and Regulations’’ section of this Federal

Register publication.

List of Subjects in 40 CFR Part 63

Environmental protection,

Administrative practice and procedure,

Air pollution control, Hazardous

substances, Intergovernmental relations,

Reporting and recordkeeping

requirements.

Dated: April 20, 2000.

Carol M. Browner,

Administrator.

[FR Doc. 00–10419 Filed 5–5–00; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 239

[FRL–6586–8]

The Territory of the U.S. Virgin Islands;

Tentative Determination of Inadequacy

of the Virgin Islands Municipal Solid

Waste Permit Program; Public

Hearings and Public Comment Period

AGENCY: Environmental Protection

Agency .

ACTION: Proposed rule.

SUMMARY: Section 4005(c)(1)(B) of the

Resource Conservation Recovery Act

(RCRA), as amended by the Hazardous

and Solid Waste Amendments (HSWA)

of 1984, 42 U.S.C. 6945(c)(1)(B) requires

States to develop and implement permit

programs or other systems of prior

approval to ensure that municipal solid

waste landfills (MSWLFs) which may

receive hazardous household 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

Environmental Protection Agency (EPA)

to determine whether States have

adequate ‘‘permit’’ programs for

MSWLFs. For RCRA purposes, pursuant

to Section 6903(31), 42 U.S.C. 6903(31),

the term ‘‘State’’ includes the territory of

the Virgin Islands. To implement these

statutory provisions, EPA promulgated a

State Implementation Final Rule (SIR),

40 CFR Part 239, which provides criteria

and procedures for making adequacy

determinations of State municipal

landfill permit programs.

On October 6, 1993, the U.S. Virgin

Islands applied for a determination of

program adequacy under section

4005(c)(1)(B) of RCRA. Upon review of

the application and certain revisions

thereto, EPA on June 16, 1995,

published a notice of a tentative

determination of adequacy of the Virgin

Islands landfill permit program. The

notice of tentative determination

provided that the Virgin Islands

government had committed to amending

its existing solid waste regulations so as

to conform to federal Part 258 criteria by

May, 1996. Two public hearings were

subsequently held on the MSWLF

application at which EPA received

negative comments concerning the

Bovoni and Anguilla municipal landfills

in the Virgin Islands, which are

operated by the government of the

Virgin Islands. After further review,

EPA requested that the Virgin Islands

document the commitment of sufficient

resources and budget in order to carry

out and sustain improved landfill

operations. Thus, provision of an

adequate program budget and staff

resources, and the promulgation of

revised solid waste regulations needed

to be accomplished.

Since 1995, EPA has worked with

Virgin Islands officials to assist the

government in preparing revised solid

waste regulations and repeatedly has

advised the government of the need to

increase the level of resources for its

MSWLF permit program. However, the

promulgation of revised solid waste

regulations by the Virgin Islands

government, and the provision of

adequate budget and staff resources to

carry out program requirements have

not occurred to date. Accordingly, by

this notice, EPA is now officially

promulgating its tentative

determination, pursuant to Section

4005(c)(1)(C) of RCRA, that the Virgin

Islands municipal landfill permit

program is inadequate to assure

compliance with the federal landfill

criteria.

EPA is providing the public an

opportunity to comment on this action,

and will also hold two public hearings

as described below. If after receipt of

public comments and after public

hearings to be held in the Virgin Islands,

EPA proceeds to a Final Determination

of Inadequacy, EPA will then assume

enforcement authority for the federal

landfill criteria in accordance with

RCRA Section 4005(c)(2). Moreover, the

Virgin Islands will be denied

operational flexibility that is granted

approved states, such as utilizing

alternate daily cover standards or

reducing the frequency of ground water

monitoring. In addition, while in

unapproved status, since the Virgin

Islands is located in a seismic zone, it

will be prohibited from siting a new

landfill or expanding an existing one.

DATES: Written comments on today’s

action must be submitted on or before

July 24, 2000. Although RCRA does not

require EPA to hold a public hearing on

Federal Register / Vol. 65, No. 89 / Monday, May 8, 2000 / Proposed Rules 26547

any determination to approve or

disapprove a State’s MSWLF program,

the Region has scheduled two public

hearings on this tentative determination.

The public hearings have been

scheduled, as follows: One public

hearing will be held on St. Thomas at

7 p.m. on June 27, 2000 and a second

public hearing will be held on St. Croix

at 7 p.m. on June 28, 2000. The dates

and locations of the public hearings will

also be published in the VI Daily News

and the St. Croix Avis.

ADDRESSES: For written comments,

commenters should send an original

and two copies of their comments to:

Carl-Axel P. Soderberg, Director, EPA

Region 2, Caribbean Environmental

Protection Division, Centro Europa

Building, Suite 417, 1492 Ponce De

Leon Avenue, San Juan, PR 00907–4127,

telephone: (787) 729–6951 ext. 222.

Comments may also be submitted

electronically by sending electronic

mail through the Internet to:

soderberg.carl@epamail.epa.gov.

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 St. Thomas public hearing will be

held at the Curriculum Center

Conference Room at the Department of

Education Curriculum Center, 386

Anna’s Retreat (located immediately

above the Tutu Fire Station and across

from the Seventh Day Adventist

Church); the St. Croix public hearing

will be held in the Curriculum Center

Conference Room at the Department of

Education Curriculum Center, 21–22

Hospital Street, Christiansted (located

between the Central High School and

the St. Croix Territorial Court House

along Queens Mary Highway).

Information and background

documents concerning the Virgin

Islands MSWLF program are available

for viewing at the EPA Region 2,

Caribbean Environmental Protection

Division office located at the Federal

Building and U.S. Courthouse, 5500

Veterans Drive, Room 142, St. Thomas,

U.S. Virgin Islands 00802, telephone

number (340) 714–2333; the Enid M.

Baa Library & Archives, 20 Dronningens

Gade, St. Thomas, Virgin Islands 00802;

the Elaine I. Sprauve Library & Museum,

Enighed Estate, Cruz Bay, St. John,

Virgin Islands 00801; and the Florence

Williams Public Library, 49–50 King’s

Street, Christiansted, St. Croix, Virgin

Islands 00820. The background

documents include the Virgin Islands

MSWLF permit program application;

information on the 1995 public hearings

concerning the Virgin Islands MSWLF

permit program and EPA

correspondence with the Virgin Islands

Government. The Index to the

Administrative Record concerning the

Virgin Islands MSWLF program is also

available at these locations. Persons

who wish to obtain copies of documents

from the Administrative Record or who

seek additional information, should

contact the EPA official listed below.

FOR FURTHER INFORMATION CONTACT: John

Filippelli, RCRA Programs Branch,

Division of Environmental Planning and

Protection, U.S. EPA Region 2, 290

Broadway, New York, NY 10007–1866,

telephone (212) 637–4125, facsimile

(212) 637–4437, or via the internet:

filippelli.john@epamail.epa.gov.

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 or other systems of prior

approval to ensure that MSWLFs

comply with the Federal Criteria under

Part 258. RCRA also requires in Section

4005(c)(1)(C) that EPA determine

whether State MSWLF permit programs

are adequate to comply with the revised

Federal Criteria. To fulfill this

requirement, the Agency has

promulgated a State Implementation

Rule (SIR), 40 CFR Part 239—

Requirements for State Permit Program

Determination of Adequacy (63 FR

57025, October 23, 1998). Part 239

specifies the minimum requirements

which State landfill permit programs

must satisfy to be determined to be

adequate, including: the state must have

legally adopted enforceable standards

for new and existing MSWLFs that are

technically comparable to EPA’s revised

MSWLF landfill criteria; the state must

have an adequate compliance

monitoring program and the legal

authority to issue permits or other forms

of prior approval to all new and existing

MSWLFs in its jurisdiction; the State

must provide for public participation in

permit issuance and enforcement as

required in section 7004(b) of RCRA; the

State must also demonstrate that it has

sufficient compliance monitoring and

enforcement authorities to take specific

action against any owner or operator

that fails to comply with applicable

regulations or its landfill permit.

EPA Regions are authorized to

determine whether a State has

submitted an ‘‘adequate’’ program based

on the statute and the regulations

summarized above. EPA expects States

to meet all of these requirements for its

MSWLF program before it gives full

approval to a MSWLF program.

As a general matter, the Agency

believes that approvals of state programs

have an important benefit. Approved

State permit programs provide for

interaction between 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 Part

258 to the extent that the State permit

program allows such flexibility. EPA

notes that regardless of the approval

status of a State and the permit status of

any facility, the federal landfill criteria

apply to all permitted and unpermitted

MSWLF facilities. EPA also notes that

Section 4005(a) of RCRA provides that

citizens may use the citizen suit

provisions of Section 7002 of RCRA to

enforce the Federal MSWLF criteria in

40 CFR Part 258 independent of any

State enforcement program.

B. Territory of the U.S. Virgin Islands

On October 6, 1993, the Territory of

the U.S. Virgin Islands submitted a

program application for adequacy

determination. Subsequently, the Virgin

Islands made several revised

submissions. EPA has reviewed the

application and the revised

submissions, and on June 16, 1995

published a Federal Register notice of

tentative determination that all portions

of the U.S. Virgin Islands’ Subtitle D

program were adequate to provide

compliance with the revised Federal

Criteria. The June 16, 1995 notice

provided that the Virgin Islands

expected to revise its solid waste

regulations so as to be technically

comparable to federal criteria by May,

1996. However, the revised regulations

have not as yet been officially

promulgated, although substantial

preparatory work has been done. In

addition, substantial adverse comments

on the Virgin Islands’ MSWLF permit

program were presented during the

public comment period and at the

public hearings in 1995. EPA

subsequently advised the Virgin Islands

that it must both demonstrate a

commitment of budget and staff

resources to enable it to sustain

adequate landfill program operations

and promulgate revised regulations as

prerequisites for obtaining a final EPA

determination of program adequacy.

Currently there are two municipal

solid waste disposal facilities operating

in the U.S. Virgin Islands. One facility

is located on St. Thomas and the other

on St. Croix. The island of St. John is

26548 Federal Register / Vol. 65, No. 89 / Monday, May 8, 2000 / Proposed Rules

currently serviced by a transfer station

from which the waste is transported to

the St. Thomas landfill for disposal. The

Virgin Islands Department of Planning

and Natural Resources (DPNR) has

responsibility for implementing and

enforcing solid waste management

regulations, including issuing permits,

and undertaking inspections and other

enforcement activities. The solid waste

landfills presently located in the

Territory are operated by the Virgin

Islands Department of Public Works

(DPW). The Anguilla landfill is owned

by the Virgin Islands Port Authority

while the Bovoni landfill is owned by

the government of the Virgin Islands.

The DPNR and DPW entered into a

Memorandum of Agreement (MOA)

dated January 11, 1995 which

committed the two agencies to meeting

the requirements of 40 CFR Part 258 at

the Virgin Islands landfills. This MOA

was submitted to the EPA in

conjunction with the application for a

program adequacy determination. The

DPNR Commissioner also advised EPA

that no permits would be issued for the

establishment of any private solid waste

disposal facility until revised

regulations for solid waste landfill

management were in place. In addition,

DPNR committed to issuing a permit to

DPW pursuant to the revised regulations

once these revised regulations were

adopted. EPA reviewed these items as

well as the other contents of the Virgin

Islands’ application when it made its

earlier, initial determination of program

adequacy.

On August 1 and August 2, 1995, EPA

held two public hearings in the Virgin

Islands on its tentative approval

decision. Public comments were

submitted orally at the hearings and in

writing to the EPA. Substantial negative

comments were received concerning the

Virgin Islands’ MSWLF program. EPA

accordingly delayed making a final

determination of adequacy, and in a

February 19, 1996 letter to the DPNR

Commissioner, the EPA Regional

Administrator recommended delaying

the final determination of program

adequacy until the revised solid waste

regulations meeting 40 CFR part 258

were in place, and other issues were

resolved. On February 5, 1997, the

DPNR Commissioner agreed to the

delay, thus giving the Virgin Islands a

further opportunity to promulgate

revised regulations and obtain adequate

solid waste staff and program resources.

On April 3, 1997, the EPA Regional

Administrator advised the Governor of

the need for the Virgin Islands to adopt

revised regulations as well as to update

the Virgin Islands Attorney General’s

certificate as to the adequacy and

enforceability of such regulations, and

to demonstrate sufficient staff and

funding to carry out the permit program.

In a February 9, 1998 letter, the EPA

Deputy Regional Administrator

requested that the DPNR Commissioner

establish a schedule of activities needed

to promulgate revised regulations,

secure funding and hire staff to run the

program. On April 23, 1999, the EPA

Regional Administrator advised the

Governor that adequate solid waste

management was one of the highest

priority environmental problems in the

Virgin Islands. Finally, on August 30,

1999, the EPA Regional Administrator

advised the Governor that EPA would

begin the official process to make the

determination that the Virgin Islands’

solid waste permit program is not

adequate to meet federal part 258

landfill criteria because the essential

prerequisites for program approval had

not been put in place.

The U.S. Virgin Islands has not met

its commitment to promulgate revised

regulations meeting the requirements of

40 CFR part 258. Continued delay in

promulgating such solid waste

regulations, and obtaining funding and

hiring staff for the solid waste program

have resulted in a continuation of

program deficiencies. The two operating

municipal solid waste landfills, Bovoni

on St. Thomas and Anguilla on St. Croix

are substantially out of compliance with

federal criteria. Conditions at the

Bovoni landfill on St. Thomas have

been determined to pose a potential

imminent and substantial endangerment

to human health and the environment,

and have caused EPA and the Virgin

Islands government to negotiate an

administrative consent order pursuant

to RCRA Section 7003 so as to provide

immediate remedial action. In addition,

the former Susannaberg landfill was not

closed in accordance with part 258

requirements.

EPA has provided substantial

technical assistance to the Virgin

Islands in the form of providing MSWLF

operator training for DPNR and DPW

staff; performing reviews of regulatory

and design documents; awarding solid

waste management assistance grants;

conducting groundwater and air

monitoring at the landfills; and

providing numerous technical

documents and publications. EPA has

also assisted the Virgin Islands in

identifying sources of funding

potentially available for staff and

program activities and for landfill

rehabilitation. Despite these efforts,

actions have not been taken by the

Virgin Islands to resolve critical

outstanding deficiencies in its landfill

permit program since EPA’s tentative

approval on June 16, 1995.

EPA will consider all public

comments on this tentative

determination of inadequacy that are

received during the public comment

period and during each public hearing.

EPA will review all comments,

including any comments offered by the

Virgin Islands government, and make a

final determination on whether or not to

approve the Virgin Islands’ permit

program and will give notice of its

decision in the Federal Register. The

notice will include a summary of the

reasons for the final determination, and

responses to all major comments

received at the public hearings and

during the public comment period.

Administrative Requirements

A. Executive Order 12866: Assessment

of Potential Costs and Benefits

Under Executive Order 12866, [58 FR

51735 (October 4, 1993)] the Agency

must determine whether a regulatory

action is ‘‘significant’’ and therefore

subject to OMB review and the

requirements of the Executive Order.

The Order defines ‘‘significant

regulatory action’’ as one that is likely

to result in a rule that may:

(1) Have an annual effect on the

economy of $100 million or more or

adversely affect in a material way the

economy, a sector of the economy,

productivity, competition, jobs, the

environment, public health or safety, or

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 and

obligations of recipients thereof; or

(4) Raise novel legal or policy issues

arising out of legal mandates, the

President’s priorities, or the principles

set forth in the Executive Order.

It has been determined that this

proposed rule is not a ‘‘significant

regulatory action’’ under the terms of

Executive Order 12866 and is therefore

not subject to OMB review.

B. Regulatory Flexibility Act (RFA) as

Amended by the Small Business

Regulatory Enforcement Fairness Act of

1996 (SBREFA), 5 U.S.C. 601 et seq.

The RFA generally requires an agency

to prepare a regulatory flexibility

analysis of any proposed rule subject to

notice and comment rulemaking

requirements under the Administrative

Procedure Act or any other statute

unless the Agency certifies that the rule

Federal Register / Vol. 65, No. 89 / Monday, May 8, 2000 / Proposed Rules 26549

will not have a significant economic

impact on a substantial number of small

entities. Small entities include small

businesses, small organizations, and

small government jurisdictions.

For purposes of assessing the impacts

of today’s proposed rule on small

entities: (1) A small entity is as defined

in Small Business Administration’s

(SBA) regulations at 13 CFR § 121.201;

(2) a small government jurisdiction is a

government of a city, town, school

district or other special district with a

population of less than 50,000; and (3)

a small organization is any not-for-profit

enterprise which is independently

owned and operated and is not

dominant in its field.

The proposed rule will not have a

significant economic impact on a

substantial number of small entities,

since the rule only directly affects the

government of the Virgin Islands. The

proposed rule will not impose any

requirements on small entities.

Therefore, no regulatory flexibility

analysis has been prepared. Based on

the foregoing discussion, I hereby certify

that this proposed rule will not have a

significant adverse impact on a

substantial number of small entities.

C. The Paperwork Reduction Act

This action does not impose an

information collection burden under the

provisions of the Paperwork Reduction

Act, as amended, 44 U.S.C. 3501 et seq.

As described in the preamble, the

proposed rule affects only the

government of the Virgin Islands, and is

an EPA determination based on

information previously submitted by the

government of the Virgin Islands in its

application for approval of its municipal

solid waste landfill permit program,

pursuant to 40 CFR parts 239 and 258.

D. The Unfunded Mandates Reform Act

Title II of the Unfunded Mandates

Reform Act of 1995, (UMRA), P.L. 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,

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. Before

promulgating an EPA rule for which a

written statement is needed, section 205

of the UMRA generally requires EPA to

identify and consider a reasonable

number of regulatory alternatives and

adopt the least costly, most costeffective or least burdensome alternative

that achieves the objective of the rule.

The provisions of section 205 do not

apply when they are inconsistent with

applicable law. Moreover, section 205

allows EPA to adopt an alternative other

than the least costly, most cost-effective

or least burdensome alternative if the

Administrator publishes with the final

rule an explanation why that alternative

was not adopted. Before 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 EPA regulatory

proposals with significant Federal

intergovernmental mandates, and

informing, educating, and advising

small governments on compliance with

regulatory requirements.

EPA has determined that this

proposed rule does not contain a

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. Today’s proposed rule

concerns an EPA determination with

respect to the adequacy of the

government of the Virgin Islands

municipal solid waste landfill program,

pursuant to 40 CFR part 239. Existing

Federal and Virgin Islands municipal

solid waste regulations remain in effect,

and no new Federal mandate is imposed

on the Virgin Islands or the private

sector under this rule. Section 203 of the

UMRA is also inapplicable to this

proposed rule because the rule only

affects the government of the Virgin

Islands and does not contain any

regulatory requirements that might

significantly or uniquely affect small

governments.

E. Executive Order 13045: Protection of

Children From Environmental Health

Risks and Safety Risks

Executive Order 13045, entitled

‘‘Protection of Children from

Environmental Health Risks and Safety

Risks’’ (62 FR 19885, April 23, 1997)

applies to any rule that: (1) Is

determined to be ‘‘economically

significant’’ as defined under E.O.

12866, and (2) concerns an

environmental health or safety risk that

EPA has reason to believe may have a

disproportionate effect on children. If

the regulatory action meets both criteria,

the Agency must evaluate the

environmental health or safety effects of

the planned rule on children, and

explain why the planned regulation is

preferable to other potentially effective

and reasonably feasible alternatives

considered by the Agency. This

proposed rule is not subject to Executive

Order 13045 because it is not an

economically significant rule as defined

by E.O. 12866, and because it is an EPA

determination concerning a program

application from the government of the

Virgin Islands Federal with respect to its

municipal solid waste landfill permit

program.

F. National Technology Transfer and

Advancement Act

Section 12(d) of the National

Technology Transfer and Advancement

Act of 1995 (‘‘NTTAA’’), Pub. L. No.

104–113, § (d) (15 USC 272 note) directs

EPA to use voluntary consensus

standards in its regulatory activities

unless to do so would be inconsistent

with applicable law or otherwise

impractical. Voluntary consensus

standards are technical standards (e.g.,

materials specifications, test methods,

sampling procedures, and business

practices) that are developed or adopted

by voluntary consensus standards

bodies. The NTTAA directs EPA to

provide Congress, through OMB,

explanations when the Agency decides

not to use available and applicable

voluntary consensus standards. This

proposed rule does not involve

technical standards. Therefore, EPA did

not consider the use of any voluntary

consensus standards.

G. Executive Order 13132 (Federalism)

Executive Order 13132, entitled

‘‘Federalism’’ (64 FR 43255, August 10,

1999), requires EPA to develop an

accountable process to ensure

‘‘meaningful and timely input by State

and local officials in the development of

regulatory policies that have federalism

implications.’’ ‘‘Policies that have

federalism implications’’ is defined in

the Executive Order to include

regulations that have ‘‘substantial direct

effect on the States, on the relationship

between the national government and

the States, or on the distribution of

power and responsibilities among the

various levels of government.’’

Under Section 6 of Executive Order

13132, EPA may not issue a regulation

that has federalism implications, that

imposes substantial direct compliance

costs, and that is not required by statute,

unless the Federal government provides

the funds to pay the direct compliance

costs incurred by State and local

governments, or EPA consults with

State and local officials early in the

26550 Federal Register / Vol. 65, No. 89 / Monday, May 8, 2000 / Proposed Rules

process of developing the proposed

regulation.

The proposed rule does not have

federalism implications. It will not have

substantial direct effect on the States, on

the relationship between the national

government and the States, or on the

distribution of power and

responsibilities among the various

levels of government, as specified in

Executive Order 13132. Today’s

proposed rule solely concerns the

territory of the Virgin Island, and EPA

has made the determination that E.O.

13132 is therefore inapplicable. Thus,

the requirements of section 6 of the

Executive Order do not apply to this

proposed rule. EPA notes, however, that

the proposed rule does not preempt any

law or regulation of the government of

the Virgin Islands, nor does it impose

any requirements that are inconsistent

with the fundamental federalism

principles contained in Executive Order

13132. Moreover, as the preamble,

above, make clear, there has been

extensive consultation by EPA with the

government of the Virgin Islands

concerning its municipal solid waste

landfill permit program prior to today’s

action.

H. Executive Order 13084

Under Executive Order 13084, EPA

may not issue a regulation that is not

required by statute, that significantly or

uniquely affects the communities of

Indian tribal governments, and that

imposes substantial direct compliance

costs on those communities, unless the

Federal government provides the funds

necessary to pay the direct compliance

costs incurred by the tribal

governments, or EPA consults with

those governments. If EPA complies by

consulting, Executive Order 13084

requires EPA to provide to the Office of

Management and Budget, in a separately

identified section of the preamble to the

rule, a description of the extent of EPA’s

prior consultation with representatives

of affected tribal governments, a

summary of the nature of their concerns,

and a statement supporting the need to

issue the regulation. In addition,

Executive Order 13084 requires EPA to

develop an effective process permitting

elected officials and other

representatives of Indian tribal

governments ‘‘to provide meaningful

and timely input in the development of

regulatory policies on matters that

significantly or uniquely affect their

communities.’’ This proposed rule does

not significantly or uniquely affect the

communities of Indian tribal

governments because there are no

federally recognized Indian Tribal

governments in the Virgin Islands, and

the rule solely affects the government of

the Virgin Islands. Accordingly, the

requirements of Section 3(b) of

Executive Order 13084 do not apply to

this proposed rule.

I. Executive Order 12898:

Environmental Justice

Under Executive Order 12898 EPA

has undertaken to incorporate

environmental justice into its policies

and programs. EPA is committed to

addressing environmental justice

concerns and is assuming a leadership

role in environmental justice initiatives

to enhance environmental quality for

residents of all communities. The

Agency’s goals are to ensure that no

segment of the population, regardless of

race, color, national origin, or income

bears disproportionately high and

adverse human health and

environmental effects as a result of

EPA’s policies, programs, and activities,

and that all people live in clean and

sustainable communities.

The Agency believes that today’s

proposed rule will potentially advance

environmental justice causes. The

process set in motion by this proposed

rule allows all potentially affected

segments of the population of the Virgin

Islands to participate in public hearings

and/or to provide public comment on

health and environmental concerns that

they feel may arise pursuant to the

Agency’s proposed action. In addition,

the purpose of today’s proposed rule is

to help achieve compliance with 40 CFR

Part 258 municipal solid waste landfill

criteria, which will provide direct

benefit to residents living near the

landfill.

Authority: This proposed rule is issued

under the authority of Section 4005 of the

Solid Waste Disposal Act, as amended, 42

U.S.C. 6945.

Dated: April 19, 2000.

William J. Muszynski,

Acting Regional Administrator, Region 2.

[FR Doc. 00–10770 Filed 5–5–00; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 403

[FRL –6602–5]

Community XL (XLC) Site-Specific

Rulemaking for Steele County,

Minnesota; Proposed Rule

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: The Environmental Protection

Agency (EPA) is proposing to

implement a project under the Project

XLC program for certain facilities in

Steele County, Minnesota. The terms of

the project are defined in a draft Final

Project Agreement (FPA) which was

made available for public review and

comment through a Federal Register

notice on December 29, 1999 (64 FR

73047). In addition, EPA is proposing a

site-specific rule, applicable only to the

Steele County sponsors who are

Participating Industrial Users, to

facilitate implementation of the project.

By this document, EPA solicits

comment on the proposed rule. This

proposed site-specific rule is intended

to provide regulatory changes under the

Clean Water Act (CWA or the Act) to

implement the Community XL project,

which will result in superior

environmental performance.

The proposed site-specific rule would

change some of the CWA requirements

which apply to the sponsors who are

Participating Industrial Users to

promote a reduction in the discharge of

four priority metals and certain

conventional pollutants, a reduction in

water usage, and the development of an

environmental management system. An

incentive-based monitoring approach

would be implemented, such that as

discharge reduction goals are met,

monitoring frequency could be reduced,

mass-based limits would replace certain

concentration limits, and an alternative

Significant Noncompliance (SNC)

publication approach would be tested.

Monitoring reductions for pollutants

determined not to be present in an

industry’s wastestream would also be

authorized.

DATES: Public Comments: All public

comments on the proposed rule must be

received on or before May 30, 2000.

ADDRESSES: Comments: Written

comments on the proposed rule should

be mailed to: Ms. Abeer Hashem, U.S.

Environmental Protection Agency,

Region V, WC–15J, 77 West Jackson

Boulevard, Chicago, IL 60604–3507.

Please send an original and two copies

of all comments, and refer to Docket for

the Steele County Site-Specific

Rulemaking.

Viewing Project Materials: A docket

containing the proposed rule, draft Final

Project Agreement, supporting

materials, and public comments is

available for public inspection and

copying at U.S. EPA, Region V, Water

Division, Room Number 15046, 77 West

Jackson Boulevard, Chicago, IL 60604–

3507. The Office is open from 9 a.m. to

4 p.m. Monday through Friday,

excluding federal holidays. The public