[Federal Register Volume 65, Number 109 (Tuesday, June 6, 2000)]
[Notices]
[Pages 35927-35928]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-14179]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6709-7]


Guam; Final Program Determination of Adequacy of State Municipal 
Solid Waste Landfill Permit Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final determination of adequacy of Guam's municipal 
solid waste landfill permit program.

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SUMMARY: On August 24, 1998 Guam applied for a determination of 
adequacy of its municipal solid waste landfill permit program under 
section 4005 of the Resource Conservation and Recovery Act (RCRA). This 
section requires States to develop and implement permit programs that 
ensure that Municipal Solid Waste Landfills (MSWLFs) which may receive 
hazardous household waste or small quantity generator waste are 
obligated to 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 determination. Guam is identified as a ``State'' in 40 CFR 
258.2.
    Guam applied for a determination of adequacy under section 4005 of 
RCRA. EPA reviewed Guam's application and proposed a determination that 
Guam's MSWLF permit program is adequate to ensure compliance with the 
revised MSWLF Criteria. Further background on the tentative 
determination of adequacy appears at 64 FR 54013, Oct. 5, 1999. Along 
with the tentative determination, EPA announced the availability of the 
application for public comment. EPA offered to hold a public hearing if 
a sufficient number of people requested such a hearing. There were no 
requests for a public hearing, so a hearing was not held. EPA did not 
receive any comments on Guam's application. Therefore, EPA is today 
issuing a final determination that the State's program is adequate.
    The full Guam application is on file and may be reviewed at the 
regional EPA office in San Francisco, California or alternatively at 
the offices of the Guam Environmental Protection Agency, Calibration 
Laboratory Building, 15-6101 Mariner Avenue, Tiyan, Barrigada, Guam.
    Today's action takes effect without further notice in 60 days 
unless the Agency receives relevant adverse comment or notice that 
someone intends to submit a relevant adverse comment within 30 days. 
Should the Agency receive such comments or notice, it will publish a 
timely notice informing the public that this rule has not taken effect.

FINAL ACTION: Guam is granted full program determination of adequacy 
for all areas of its municipal solid waste landfill permit program. By 
this action, EPA is granting Guam full program determination of 
adequacy for all parts of its municipal solid waste landfill permit 
program.

EFFECTIVE DATE: The determination of adequacy for Guam shall be June 6, 
2000.

FOR FURTHER INFORMATION CONTACT: Ms Heidi Hall, WST-7, U.S. EPA 75 
Hawthorne Street, San Francisco, CA 94105, (415) 744-1284.

SUPPLEMENTARY INFORMATION:

[[Page 35928]]

Administrative Requirements

A. Executive Order 12866

    The Office of Management and Budget has exempted this regulatory 
action from Executive Order 12866 review.

B. Certification Under the Regulatory Flexibility Act

    Pursuant to the provisions of 5 U.S.C. 605(b), I hereby certify 
that this final approval will not have a significant 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 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, or $100 million or more. The EPA has determined that the 
approval action being promulgated does not include a federal mandate 
that may result in estimated 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.

F. Congressional Review Act

    Under 5 U.S.C. 801(a)(1)(A), as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report 
containing this action and other required information to the U.S. 
Senate, the U.S. House of Representatives and the Comptroller General 
of the General Accounting Office prior to publication of this action in 
today's Federal Register. This action is not a ``major rule'' as 
defined by 5 U.S.C. 804(2).

    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: May 23, 2000.
Felicia Marcus,
Regional Administrator, Region IX.
[FR Doc. 00-14179 Filed 6-5-00; 8:45 am]
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