Arizona: Adequacy Determination of State Municipal Solid Waste Permit Program

ENVIRONMENTAL PROTECTION AGENCY

[FRL-5072-5]

Arizona: Adequacy Determination of State Municipal Solid Waste

Permit Program

AGENCY: Environmental Protection Agency.

ACTION: Notice of Tentative Determination on Application of Arizona for

Full Program Adequacy Determination, Public Hearing and Public Comment

Period.

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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, 42 U.S.C. 6945 (c)(1)(B), requires States to

develop and implement regulatory programs to ensure that municipal

solid waste landfills (MSWLFs) which may receive hazardous household

waste or small quantity generator hazardous waste will comply with the

revised federal MSWLF criteria (40 CFR Part 258). Section 4005(c)(1)(C)

of RCRA, 42 U.S.C. 6945(c)(1)(C), requires the Environmental Protection

Agency (EPA) to determine whether States have adequate regulatory

programs for MSWLFs.

Approved state MSWLF programs provide interaction between the State

and MSWLFs owners and operators regarding site-specific approval

conditions. Only owners or operators located in States with approved

programs can use the site-specific flexibility provided by 40 CFR Part

258 to the extent the state program allows such flexibility. EPA notes

that regardless of the approval status of a State program or of any

individual MSWLF facility, the federal MSWLF criteria will apply to all

MSWLF facilities.

Arizona applied for a determination of adequacy under Section 4005

of RCRA. EPA has reviewed Arizona's application and is issuing for

public comment a tentative determination that Arizona's regulatory

program is adequate to ensure compliance with the revised MSWLF

criteria.

Although RCRA does not require EPA to hold a public hearing on any

determination to approve a State's MSWLF program, EPA Region IX has

tentatively scheduled a public hearing on this determination. If a

sufficient number of parties express interest in participating in a

hearing by writing or calling the EPA Region IX contact given below

within 30 days of the date of publication of this notice, EPA Region IX

will hold a hearing on the date given below in the section entitled

DATES. EPA Region IX will notify all persons who express such interest

or who submit comments on this notice if it decides to hold the

hearing. In addition, anyone who wishes to learn whether the hearing

will be held may call the contact listed below in the section entitled

FOR FURTHER INFORMATION. Representatives from the Arizona Department of

Environmental Quality will participate in the public hearing on this

subject, if one is held.

DATES: All comments on Arizona's application for a determination of

adequacy must be received by U.S. EPA by the close of business on

November 7, 1994. EPA Region IX has tentatively scheduled a public

hearing for October 28, 1994.

ADDRESSES: Copies of Arizona's application for adequacy determination

are available during the hours of 9 a.m. to 4:30 p.m. at the following

addresses for inspection and copying: Arizona Department of

Environmental Quality, Program Development and Recycling Unit, 5th

floor, 3033 North Central Avenue, Phoenix, Arizona 85012; or U.S. EPA

Region IX Library, 75 Hawthorne Street, 13th floor, San Francisco,

California 94105, phone (415) 744-1510. Written comments should be sent

to Arthur Haubenstock, mail code RC-3-3, EPA Region IX, 75 Hawthorne

Street, San Francisco, California 94105.

FOR FURTHER INFORMATION CONTACT: EPA Region IX, 75 Hawthorne Street,

San Francisco, California, 94105. Attn: Arthur Haubenstock, mail code

RC-3-3, phone (415) 744-1355.

SUPPLEMENTARY INFORMATION:

A. Background

On October 9, 1991, EPA promulgated revised criteria for MSWLFs (40

CFR Part 258). Subtitle D of RCRA, 42 U.S.C. 6941-6949(a), as amended

by the Hazardous and Solid Waste Amendments of 1984 (HSWA), requires

States to develop regulatory programs to ensure that MSWLFs comply with

the federal criteria under 40 CFR Part 258. Section 4005 of RCRA, 42

U.S.C. 6945, also requires that EPA determine the adequacy of state

MSWLF programs to ensure that facilities comply with the revised

federal criteria. To facilitate this requirement, the Agency has

drafted and is in the process of proposing a State and Tribe

Implementation Rule (STIR) that will provide procedures by which EPA

will approve, or partially approve, State and Tribe landfill regulatory

programs.

EPA has approved, and will continue to approve, State MSWLF

programs prior to the promulgation of the STIR. Prior to promulgation

of the STIR, adequacy determinations will be made based on the

statutory authorities and requirements. EPA interprets the statutory

requirements for States to develop ``adequate'' regulatory programs to

impose several minimum standards. First, each State must have

enforceable standards for new and existing MSWLFs that are technically

comparable to EPA's revised MSWLF criteria. 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 must also

provide for public participation in facility approval and enforcement

as required in Section 7004(b) of RCRA, 42 U.S.C. 6974. Finally, 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.

EPA Regions will determine whether a State has submitted an

``adequate'' program based on the interpretation outlined above. EPA

expects States to meet all of the criteria for all elements of a MSWLF

program before it gives full approval to a MSWLF program. In addition,

States may use the draft STIR as an aid in interpreting these

requirements.

B. State of Arizona

On May 6, 1994, Arizona submitted an application for program

adequacy determination. EPA Region IX reviewed Arizona's application

and tentatively determined that all portions ensure compliance with the

revised federal criteria. The State of Arizona has the authority to

enforce the requirements of the revised federal MSWLF criteria at all

MSWLFs in the State, with the exception of those located on tribal

lands. EPA proposes to fully approve Arizona's MSWLF program.

The public may submit written comments on EPA's tentative

determination until November 7, 1994. Copies of Arizona's application

are available for inspection and copying at the location indicated in

the section of this notice entitled ADDRESSES. If there is sufficient

public interest, the Agency will hold a public hearing on October 28 at

3 p.m. at Arizona Department of Environmental Quality, Public Meeting

Room (South Mall area), 3033 North Central Avenue, Phoenix, Arizona.

EPA will consider all public comments on its tentative

determination received during the public comment period and during any

public hearing held. Issues raised by those comments may be the basis

for a determination of inadequacy for Arizona's program. EPA will make

a final decision on whether or not to approve Arizona's program and

will give notice of it in the Federal Register. The notice will include

a summary of the reasons for the final determination and a response to

all major comments.

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 EPA explained in the preamble to the final MSWLF criteria,

EPA expects that any owner or operator complying with provisions in a

state program approved by 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 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 Sections 2002, 4005

and 4010(c) of the Solid Waste Disposal Act, as amended, 42 U.S.C.

6912, 6945, 6949a(c).

Dated: September 6, 1994.

John C. Wise

Acting Regional Administrator.

[FR Doc. 94-22854 Filed 9-14-94; 8:45 am]

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