32436 Federal Register / Vol. 61, No. 122 / Monday, June 24, 1996 / Notices

Dated: June 11, 1996.

Dennis Grams,

Regional Administrator.

[FR Doc. 96–16010 Filed 6–21–96; 8:45 am]

BILLING CODE 6560–50–P

[FRL–5525–9]

Nebraska; Final Full Program

Determination of Adequacy of State/

Tribal Municipal Solid Waste Landfill

Permit Program

AGENCY: Environmental Protection

Agency.

ACTION: Notice of immediate final

program determination of adequacy on

Nebraska’s application.

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 (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, but does not mandate

issuance of a rule governing such

determinations. The EPA has drafted

and is in the process of proposing a

State/Tribal Implementation Rule (STIR)

that will provide procedures by which

the 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 the 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/Tribal permit programs provide

for interaction between the State/Tribe

and the owner/operator regarding sitespecific permit conditions. Only those

owners/operators located in State/Tribes

with approved permit programs can use

the site-specific flexibility provided by

40 CFR part 258 to the extent the State/

Tribal permit program allows such

flexibility. The EPA notes that

regardless of the approval status of a

State/Tribe and the permit status of any

facility, the federal criteria under 40

CFR part 258 will apply to all permitted

and unpermitted MSWLF facilities.

Nebraska applied for a determination

of adequacy under section 4005 of

RCRA. The EPA reviewed Nebraska’s

application and has made a decision,

subject to public review and comment,

that Nebraska’s municipal solid waste

landfill permit program satisfies all of

the requirements necessary to qualify

for final authorization. Thus, EPA is

approving Nebraska’s MSWLF permit

program.

EFFECTIVE DATE: The determination of

adequacy for Nebraska shall be effective

on August 23, 1996, unless EPA

publishes a prior Federal Register

action withdrawing this immediate final

rule. All comments on Missouri’s

program revision application must be

received by the close of business July

24, 1996, unless.

ADDRESSES: Copies of Nebraska’s

application for MSWLF permit program

approval are available for inspection

and copying from 8 a.m. to 4:30 p.m.,

Monday through Friday at the following

addresses: Office of Public Affairs,

Atrium Building, Suite 400, 1200 N

Street, Lincoln, Nebraska 68509 Attn:

Mr. Joseph Francis, telephone 402–471–

4210; and U.S. EPA Region VII Library,

726 Minnesota Avenue, Kansas City,

Kansas 66101, Phone: 913–551–7241.

FOR FURTHER INFORMATION CONTACT: Ms.

Althea` M. Moses, 726 Minnesota Ave.,

Kansas City, Kansas 66101; (913) 551–

7055.

SUPPLEMENTARY INFORMATION:

A. Background

On October 9, 1991, the EPA

promulgated 40 CFR part 258 for

MSWLFs. Subtitle D of RCRA, as

amended by the Hazardous and Solid

Waste Amendments of 1984 (HSWA),

requires States to develop permitting

programs to ensure that facilities

comply with the Federal Criteria under

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 the 40 CFR part 258. To

fulfill this requirement, the Agency has

drafted and is in the process of

proposing a State/Tribal

Implementation Rule (STIR). The rule

will specify the requirements which

State/Tribal programs must satisfy to be

determined adequate.

The EPA intends to propose in the

STIR to allow partial approval if: (1) The

Regional Administrator determines that

the State/Tribal 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/Tribal permit program are

needed to meet these requirements; and

(3) provisions not included in the

partially approved portions of the State/

Tribal permit program are a clearly

identifiable and separable subset of 40

CFR part 258. As a State’s/Tribe’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/

Tribe may submit an amended

application to 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/Tribal MSWLF permit program

affected and providing an opportunity

to comment for a period of 30 days. The

adequacy determination will become

effective sixty (60) days following

publication if no adverse comments are

received. If 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/Tribal

requirements to determine whether they

are ‘‘adequate’’ under section

4005(c)(1)(C) of RCRA. The EPA

interprets the requirements for States or

Tribes to develop ‘‘adequate’’ programs

for permits or other forms of prior

approval to impose several minimum

requirements. First, each State/Tribe

must have enforceable standards for

new and existing MSWLFs that are

technically comparable to 40 CFR part

258. Next, the State/Tribe 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/Tribe 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/Tribe 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/Tribe 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

STIR. The EPA expects State/Tribes to

meet all of these requirements for all

elements of a MSWLF program before it
Federal Register / Vol. 61, No. 122 / Monday, June 24, 1996 / Notices 32437

gives full approval to a MSWLF

program.

B. State of Nebraska

On August 29, 1995 the Nebraska

Department of Environmental Quality

submitted an amended application for

full MSWLF landfill permit program

approval. This application follows an

August 19, 1993 submittal on which

EPA approved all portions of Nebraska’s

program for all parts except the

exemption from ground-water

monitoring at small facilities. The

partial program approval determination

was due to an exemption from ground

water monitoring at small facilities

which appeared in Nebraska

Department of Environmental Quality,

Title 132—Rules and Regulations

Pertaining to Solid Waste Management,

Chapter 10, Section 001. This

exemption was vacated from 40 CFR

Part 258 as a result of Sierra Club v. U.S.

Environmental Protection Agency, 992

F.2d 337 (D.C. Cir. 1993). In accordance

with this decision, 40 CFR Part 258.1

(f)(1) was revised in 40 CFR Part

258.1(f), 58 FR 51536 (October 1, 1993).

Further background on the final partial

program determination of adequacy is

located at 58 FR 65985 (December 17,

1993)

Nebraska does not claim jurisdiction

over Indian land. Nebraska’s program is

not enforceable on Indian lands.

The EPA has reviewed Nebraska’s

application, and has made an immediate

final decision that Nebraska’s municipal

solid waste landfill permit program

satisfies all the requirements of the

State/Tribal Implementation Rule to

qualify for full program approval.

Consequently, EPA intends to grant full

approval of the Nebraska program. The

public may submit written comments on

EPA’s immediate final decision up until

July 24, 1996. Copies of Nebraska’s

application for program approval are

available for inspection and copying at

the locations identified in the

ADDRESSES section of this action .

Approval of Nebraska’s municipal

solid waste landfill permitting program

shall become effective August 23, 1996,

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 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 Nebraska’s application

for full program adequacy determination

meets all of the statutory and regulatory

requirements established by RCRA for

full program adequacy. Accordingly,

Nebraska 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/Tribal 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/

Tribal program approved by the EPA

should be considered to be in

compliance with the Federal criteria.

See 56 FR 50978, 50995 (October 9,

1991).

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: June 11, 1996.

Dennis Grams,

Regional Administrator.

[FR Doc. 96–16013 Filed 6–21–96; 8:45 am]

BILLING CODE 6560–50–P

[FRL–5523–5]

Clean Water Act Class II: Proposed

Administrative Penalty Assessment

and Opportunity to Comment

Regarding Union Electric Company, St.

Louis, MO

AGENCY: Environmental Protection

Agency (‘‘EPA’’).

ACTION: Notice of proposed

administrative penalty assessment and

opportunity to comment regarding

Union Electric Company, St. Louis,

Missouri.

SUMMARY: EPA is providing notice of

opportunity to comment on the

proposed assessment.

Under 33 U.S.C. 1319(g), EPA is

authorized to issue orders assessing

civil penalties for various violations of

the Act. EPA may issue such orders after

filing a Complaint commencing either a

Class I or Class II penalty proceeding.

EPA provides public notice of the

proposed assessment pursuant to 33

U.S.C. 1319(g)(4)(A).

Class II proceedings are conducted

under EPA’s Consolidated Rules of

Practice Governing the Administrative

Assessment of Civil Penalties and the

Revocation or Suspension of Permits, 40

CFR part 22. The procedures by which

the public may submit written comment

on a proposed Class II order or

participate in a Class II proceeding, and

the procedures by which a respondent

may request a hearing, are set forth in

the Consolidated Rules. The deadline

for submitting public comment on a

proposed Class II order is thirty (30)

days after issuance of public notice.

On June 24, 1995, EPA commenced

the following Class II proceeding for the

assessment of penalties by filing with

the Regional Hearing Clerk, U.S.

Environmental Protection Agency,

Region VII, 726 Minnesota Avenue,

Kansas City, Kansas 66101, (913) 551–

7630, the following Complaint: In the

Matter of Union Electric Company, St.

Louis, Missouri, EPCRA Docket No. VII–

95E–158 and CWA Docket No. VII–95–

W–001.

The Complaint proposes a penalty of

Ten Thousand Dollars ($10,000) for the

discharge of Mercury into the

Mississippi River, on September 28,

1994, without a permit issued under

Section 402 of the Clean Water Act, in

violation of Section 301 of the Clean

Water Act.

FOR FURTHER INFORMATION: Persons

wishing to receive a copy of EPA’s

Consolidated Rules, review the

Complaint or other documents filed in

this proceeding, comment upon the

proposed penalty assessment, or

otherwise participate in the proceeding

should contact the Regional Hearing

clerk identified above.

The administrative record for the

proceeding is located in the EPA

Regional Office at the address stated

above, and the file will be open for

public inspection during normal

business hours. All information

submitted by Union Electric Company is

available as part of the administrative

record, subject to provisions of law

restricting public disclosure of

confidential information. In order to

provide opportunity for public