[Federal Register Volume 62, Number 160 (Tuesday, August 19, 1997)]
[Notices]
[Pages 44127-44128]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-21920]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-5876-8]


Iowa Final Full Program Determination of Adequacy of State 
Municipal Solid Waste Landfill Permit Program

AGENCY: Environmental Protection Agency.

ACTION: Notice of immediate final program determination of adequacy on 
Iowa's application.

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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, requires states to develop and implement 
permit programs to ensure that Municipal Solid Waste Landfills (MSWLF) 
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, but does not mandate issuance of a rule governing 
such determinations. The EPA has drafted and is in the process of 
proposing a State Implementation Rule (SIR) that will provide 
procedures by which the EPA will approve, or partially approve, state 
landfill permit programs. The Agency intends to approve adequate state 
MSWLF permit programs as applications are submitted. Thus, the 
approvals are not dependent on final promulgation of the SIR. Prior to 
promulgation of the SIR, adequacy determinations will be made based on 
the statutory authorities and requirements. In addition, states may use 
the draft SIR as an aid in interpreting these requirements. The Agency 
believes that early approvals have an important benefit. Approved state 
permit programs provide for interaction between the state and the 
owner/operator regarding site-specific permit conditions. Only those 
owners/operators located in state with approved permit programs can use 
the site-specific flexibility provided by 40 CFR part 258 to the extent 
the state permit program allows such flexibility. The EPA notes that 
regardless of the approval status of a state and the permit status of 
any facility, the Federal criteria in 40 CFR part 258 will apply to all 
permitted and unpermitted MSWLF facilities.
    Iowa applied for a determination of adequacy under section 4005 of 
RCRA. The EPA reviewed Iowa's application and has made a decision, 
subject to public review and comment, that Iowa's municipal solid waste 
landfill permit program satisfies all of the requirements necessary to 
qualify for final authorization. Thus, the EPA is approving Iowa's 
MSWLF permit program.

EFFECTIVE DATE: The determination of adequacy for Iowa shall be 
effective on October 20, 1997, unless the EPA publishes a prior Federal 
Register action withdrawing this immediate final rule. All comments on 
Iowa's program revision application must be received by the close of 
business September 18, 1997.
ADDRESSES: Copies of Iowa's application for a determination of adequacy 
are available for inspection and copying from 8 a.m. to 4:30 p.m., 
Monday through Friday at the following addresses: Iowa Department of 
Natural Resources, Wallace State Office Building, 900 East Grand, Des 
Moines, Iowa 50319-0034, Attention: Mr. Lavoy Haage, telephone 515-281-
4968; and the EPA Region VII Library, 726 Minnesota Avenue, Kansas 
City, Kansas 66101, telephone 913-551-7241.

FOR FURTHER INFORMATION CONTACT: David Flora at (913) 551-7523.

SUPPLEMENTARY INFORMATION:

A. Background

    On October 9, 1991, the EPA promulgated 40 CFR part 258 for MSWLFs. 
Subtitle D of RCRA, as amended by HSWA, requires states to develop 
permitting programs to ensure that facilities comply with the Federal 
Criteria in 40 CFR part 258. Subtitle D also requires in section 4005 
of RCRA that the EPA determine the adequacy of state municipal solid 
waste landfill permit programs to ensure that facilities comply with 40 
CFR part 258. To fulfill this requirement, the Agency has drafted and 
is in the process of proposing a SIR. The rule will specify the 
requirements which state programs must satisfy to be determined 
adequate.
    The EPA intends to propose in the SIR to allow partial approval if: 
(1) The Regional Administrator determines that the state permit program 
largely meets the requirements for ensuring compliance with 40 CFR part 
258; (2) changes to a limited narrow part(s) of the state permit 
program are needed to meet these requirements; and (3) provisions not 
included in the partially approved portions of the state permit program 
are a clearly identifiable and separable subset of 40 CFR part 258. As 
a state's regulations and statutes are amended to comply with 40 CFR 
part 258, unapproved portions of a partially approved MSWLF permit 
program may be approved by the EPA. The state may submit an amended 
application to the EPA for review and an adequacy determination will be 
made using the same criteria as for the initial application. This 
adequacy determination will be published in the Federal Register 
summarizing the Agency's decision and the portion(s) of the state MSWLF 
permit program affected and providing an opportunity to comment for a 
period of 30 days. The adequacy determination will become effective 60 
days following publication if no adverse comments are received. If the 
EPA receives adverse comments on its adequacy determination, another 
Federal Register notice will be published either affirming or reversing 
the initial decision while responding to the public comments.
    The EPA will review state requirements to determine whether they 
are ``adequate'' under section 4005(c)(1)(C) of RCRA. The EPA 
interprets the requirements for states to develop ``adequate'' programs 
for permits or other forms of prior approval to impose several minimum 
requirements. First, each state must have enforceable standards for new 
and existing MSWLFs that are technically comparable to 40 CFR part 258. 
Next, the state must have the authority to issue a permit or other 
notice of prior approval to all new and existing MSWLFs in its 
jurisdiction. The state also must provide for public participation in 
permit issuance and enforcement as required in section 7004(b) of RCRA. 
Finally, the EPA believes that 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.
    The EPA Regions will determine whether a state has submitted an 
``adequate'' program based on the interpretation outlined above. The 
EPA plans to provide more specific criteria for this evaluation when it 
proposes the SIR. The EPA expects state to meet all of these 
requirements for all elements of a MSWLF program before it gives full 
approval to a MSWLF program.

[[Page 44128]]

B. State of Iowa

    On February 4, 1997, the Iowa Department of Natural Resources 
submitted an amended application for full MSWLF permit program 
approval. This application follows a September 30, 1993, submittal 
which did not satisfy the requirements for the landfill liner design. 
Since the original application, Iowa has adopted regulations pertaining 
to financial assurance, gas monitoring and control, seismic areas, 
fault zones, unstable geologic areas, airport safety, and liners and 
caps. The revised regulation for liner design adopted the language in 
40 CFR 258.40(b) for a composite liner system and allows for approval 
of an alternative liner system design provided that it includes 
``certification by a professional engineer registered in Iowa stating 
that the proposed alternative liner system will ensure that the 
contaminant concentration values listed in Federal regulations under 40 
CFR part 258, subpart D, table 1, will not be exceeded in the uppermost 
aquifer at the designated monitoring points of compliance as specified 
by the department.''
    Iowa does not claim jurisdiction over Indian Land. Iowa's program 
is not enforceable on Indian lands.
    The EPA has reviewed Iowa's application, and has made an immediate 
final decision that Iowa's municipal solid waste landfill permit 
program satisfies all the requirements of the SIR to qualify for full 
program approval. Consequently, the EPA intends to grant full approval 
of the Iowa program. The public may submit written comments on the 
EPA's immediate final decision up until [insert the date 30 days after 
the date of publication of this notice]. Copies of Iowa's application 
for program approval are available for inspection and copying at the 
locations identified in the ``ADDRESSES'' section of this action.
    Approval of Iowa's municipal solid waste landfill permitting 
program shall become effective [insert the date 60 days after the date 
of publication of this notice], unless an adverse comment pertaining to 
the state's revision discussed in this notice is received by the end of 
the comment period. If an adverse comment is received the EPA will 
publish either: (1) A withdrawal of the immediate final decision, or 
(2) a notice containing a response to comments which either affirms 
that the immediate final decision takes effect or reverses the 
decision.

C. Decision

    I conclude that Iowa's application for full program adequacy 
determination meets all of the statutory and regulatory requirements 
established by RCRA for full program adequacy. Accordingly, Iowa is 
granted a full program determination of adequacy for all parts of its 
municipal solid waste landfill permit program.
    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. As the EPA explained in the preamble to the final MSWLF 
criteria, the EPA expects that any owner or operator complying with 
provisions in a state program approved by the EPA should be considered 
to be in compliance with the Federal Criteria. See 56 FR 50978, 50995 
(October 9, 1991) as revised by 57 FR 28626 (June 26, 1992), 58 FR 
51536 (October 1, 1993), 60 FR 17649 (April 7, 1995), and 60 FR 40104 
(August 7, 1995).

Compliance With Executive Order 12866

    The Office of Management and Budget has exempted this notice from 
the requirements of section 6 of Executive Order 12866.

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 economic 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.

    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: August 6, 1997.
Martha R. Steincamp,
Acting Regional Administrator.
[FR Doc. 97-21920 Filed 8-18--97; 8:45 am]
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