[Federal Register Volume 65, Number 89 (Monday, May 8, 2000)]
[Proposed Rules]
[Pages 26546-26550]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-10770]


-----------------------------------------------------------------------

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

[[Page 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: <a href="/cdn-cgi/l/email-protection#a0d3cfc4c5d2c2c5d2c78ec3c1d2cce0c5d0c1cdc1c9cc8ec5d0c18ec7cfd6"><span class="__cf_email__" data-cfemail="3b48545f5e49595e495c15585a49577b5e4b5a565a5257155e4b5a155c544d">[email protected]</span></a>. 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: 
<a href="/cdn-cgi/l/email-protection#32545b5e5b4242575e5e5b1c585d5a5c725742535f535b5e1c5742531c555d44"><span class="__cf_email__" data-cfemail="12747b7e7b6262777e7e7b3c787d7a7c527762737f737b7e3c7762733c757d64">[email protected]</span></a>.

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

[[Page 26548]]

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

[[Page 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 Sec. 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 cost-effective 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, Sec. (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

[[Page 26550]]

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


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>