The Commonwealth of Puerto Rico; Adequacy Determination of State Municipal Solid Waste Permit Program

ENVIRONMENTAL PROTECTION AGENCY

[FRL-4853-9]

The Commonwealth of Puerto Rico; Adequacy Determination of State

Municipal Solid Waste Permit Program

AGENCY: Environmental Protection Agency.

ACTION: Notice of Tentative Determination on Application of the

Commonwealth of Puerto Rico 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 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 for such

determinations. EPA has drafted and is in the process of proposing a

State/Tribe Implementation Rule (STIR) that will provide procedures by

which 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, these

approvals are not dependent on final promulgation of the STIR. Prior to

promulgation of 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/Tribe permit programs provide for interaction between

State/Tribe and the owner/operator regarding site-specific permit

conditions. Only those owners/operators located in States/Tribes with

approved permit programs can use the site-specific flexibility provided

by part 258 to the extent the State/Tribal permit program allows such

flexibility. EPA notes that regardless of the approval status of a

State/Tribe and the permit status of any facility, the federal landfill

criteria will apply to all permitted and unpermitted MSWLF facilities.

The Commonwealth of Puerto Rico applied for a determination of

adequacy under section 4005 of RCRA. EPA reviewed Puerto Rico's MSWLF

application and certain revisions thereto, and made a tentative

determination that all portions of Puerto Rico's MSWLF permit program

are adequate to assure compliance with the revised Federal Criteria.

Puerto Rico's application for program adequacy determination and its

revisions are available for public review and comment.

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

determination to approve a State/Tribe's MSWLF program, the Region has

scheduled four public hearings on this tentative determination. Details

appear below in the DATES section.

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

adequacy must be received by the close of business on May 12, 1994.

Two public hearings will be held at the Solid Waste Management

Authority in Hato Rey, Puerto Rico on May 11, 1994. The first hearing

will begin at 1 p.m. and the second hearing will begin at 7 p.m. Two

additional hearings will be held at the Mayaguez City Hall in Mayaguez,

Puerto Rico on May 12, 1994. The first hearing in Mayaguez will begin

at 1 p.m. and the second hearing will begin at 7 p.m. Puerto Rico will

participate in the public hearings held by EPA on this subject.

ADDRESSES: Copies of Puerto Rico's application for adequacy are

available between 8:30 a.m. and 5 p.m. at the following two addresses

for inspection and copying: U.S. EPA Region II Library, 26 Federal

Plaza, room 402, New York, New York, 10278, telephone (212) 264-2881,

and U.S. EPA Caribbean Field Office, 1413 Fernandez Juncos Avenue,

Office 2A, Santurce, Puerto Rico, 00909, telephone (809) 729-6922

extension 222. Written comments should be sent to Carl-Axel P.

Soderberg, Director, USEPA-Region II, Caribbean Field Office, 1413

Fernandez Juncos Avenue, Santurce, Puerto Rico, 00909. The public

hearings on May 11, 1994, will be held at the Solid Waste Management

Authority, 268 Ponce De Leon Avenue, Puerto Rico Home Mortgage

Building, 6th Floor, Hato Rey, Puerto Rico. The public hearings on May

12, 1994, will be held at Mayaguez City Hall, Peral Street at the

corner of McKinley in front of Plaza de Colon, Mayaguez, Puerto Rico.

FOR FURTHER INFORMATION CONTACT: Jenine Tankoos, U.S. EPA Region II,

Mail Stop 2AWM, room 1006, 26 Federal Plaza, New York, New York, 10278,

telephone (212) 264-1369.

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 to ensure that MSWLFs comply with the Federal

Criteria under part 258. Subtitle D also requires in section 4005 that

EPA determine that State municipal solid waste landfill permit programs

are adequate to comply with the revised Federal Criteria. 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.

EPA intends to approve State/Tribal MSWLF permit programs prior to

the promulgation of STIR. 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 EPA's revised MSWLF criteria. Next,

the State/Tribe must have the authority to issue a permit or other

notice or 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, 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.

EPA Regions will determine whether a State/Tribe has submitted an

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

expects States/Tribes to meet all of these requirement for all elements

of a MSWLF program before it gives full approval to a MSWLF program.

B. Commonwealth of Puerto Rico

On October 8, 1993, the Commonwealth of Puerto Rico submitted an

application for adequacy determination. On February 17, 1994, Puerto

Rico made a revised submission. EPA reviewed Puerto Rico's application

and the revised submission, and tentatively determined that all

portions of Puerto Rico's Subtitle D program are adequate to provide

compliance with the revised Federal Criteria.

On October 4, 1993, Puerto Rico, acting through its Environmental

Quality Board, adopted comprehensive, revised regulations governing

solid waste disposal. These regulations are closely patterned after the

40 CFR part 258 Federal Criteria. Certain technical and clarifying

amendments have subsequently been considered by the Board and are

expected to be adopted within the next several months. The purpose of

the revised solid waste regulation and the amendments thereto are to

bring Puerto Rico regulations into full conformity with 40 CFR part 258

Federal Criteria. EPA has reviewed Puerto Rico's revised regulation and

the technical and clarifying amendments thereto, described above, and

has made a preliminary determination that their provisions are adequate

to meet part 258 criteria.

The Puerto Rico Environmental Quality Board has responsibility for

implementing and enforcing solid waste management regulations,

including a permit program, inspection authority and enforcement

activities. In its application, Puerto Rico states that adequate

technical, support, and legal personnel will be assigned to implement

its permit program. In addition to identifying the individuals and

offices that will be assigned to this effort, Puerto Rico has

specifically assigned a complement of attorneys from the Environmental

Quality Board to assist in the regulatory enforcement process. Puerto

Rico has determined that at present there are 61 landfills throughout

the Commonwealth, of which 31 will have stopped receiving waste by

April 9, 1994 and will close in direct response to part 258

requirements. Thirty landfills will remain open after April 9, 1994, of

which 19 will be closed over the next 5 to 7 years, and 11 regional

landfills will thereafter remain open. In recognition of the need to

revise existing landfill permits to reflect the revised regulation and

part 258 criteria, Puerto Rico plans to modify existing operating

permits within the next two years for the 30 landfills that will remain

open after April 9, 1994. Each modified operating permit will contain

compliance provisions that will bring full compliance with the revised

regulation and part 258 within a year's time.

The EPA will hold four public hearings on its tentative decision.

Two hearings will be held on May 11, 1994 at the Solid Waste Management

Authority in Hato Rey, Puerto Rico. Two additional hearings will be

held on May 12, 1994 at the Mayaguez City Hall in Mayaguez, Puerto

Rico. On each of these dates, the first hearing will begin at 1 p.m.

and the second hearing will begin at 7 p.m. Comments can be submitted

orally at the hearing or in writing at the time of the hearing. The

public may also submit written comments on EPA's tentative

determination to the location indicated in the ADDRESSES section of

this notice until May 12, 1994. Copies of Puerto Rico's application are

available for inspection and copying at the locations indicated in the

ADDRESSES section of this notice.

EPA will consider all public comments on its tentative

determination received during the public comment period and during each

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

determination of inadequacy for Puerto Rico's program. EPA expects to

make a final decision on whether or not to approve Puerto Rico's

program by June 24, 1994 and will give notice of it in the Federal

Register. The notice will include a summary of the reasons for the

final determination and responses 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/Tribal 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/Tribal program approved by EPA will be considered to be in

compliance with 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 requirement 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 Section

4005 of the Solid Waste Disposal Act as amended; 42 U.S.C. 6946.

Dated: March 15, 1994.

William J. Muszynski,

Acting Regional Administrator.

[FR Doc. 94-6829 Filed 3-22-94; 8:45 am]

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