[Federal Register: January 24, 2006 (Volume 71, Number 15)]
[Rules and Regulations]
[Page 3779-3781]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24ja06-14]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 239, 257, and 258
[FRL-8024-2]
Maine: Determination of Adequacy for the State Municipal Solid
Waste Landfill Permit Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve the State of Maine's permit program for
municipal solid waste landfills (MSWLFs) and to approve the State's
approach of not allowing conditionally exempt small quantity generator
(CESQG) hazardous waste to be sent to non-municipal, non-hazardous
waste disposal units. Under the Resource Conservation Recovery Act
(RCRA), as amended by the Hazardous and Solid Waste Amendments (HSWA),
States may develop and implement permit programs for MSWLFs and for
non-municipal, non-hazardous waste disposal units that receive CESQG
hazardous waste, and submit them for review and an adequacy
determination by EPA. Today's approval documents EPA's determination
that Maine's MSWLF permit program, and the manner in which the State
addresses CESQG hazardous waste with respect to non-municipal, non-
hazardous waste disposal units, are adequate to ensure compliance with
federal requirements.
DATES: This rule is effective on March 27, 2006 without further notice,
unless EPA receives adverse comment by February 23, 2006. If we receive
such comment, we will publish a timely withdrawal in the Federal
Register informing the public that this rule will not take effect.
ADDRESSES: Submit your comments (including requests for a public
hearing) by one of the following methods:
1. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the on-line instructions for submitting comments.
2. E-mail: Chuck Franks at: franks.chuck@epa.gov.
3. Mail: Chuck Franks, EPA New England--Region 1, One Congress
Street, Suite 1100, (Mail Code: CHW), Boston, MA 02114-2023.
4. Hand Delivery or Courier: Deliver your comments to Chuck Franks,
EPA New England--Region 1, One Congress Street, Suite 1100, (CHW),
Boston, MA 02114-2023.
Instructions: We must receive your comments by February 23, 2006.
Do not submit information that you consider to be CBI or otherwise
protected through regulations.gov, or e-mail. The Federal
regulations.gov website is an ``anonymous access'' system, which means
EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an e-mail comment
directly to EPA without going through regulations.gov, your e-mail
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
You can view and copy Maine's application and associated publicly
available materials at the following locations: (1) Maine Department of
Environmental Protection (ME DEP), State House Station 17, Hospital
Street, Augusta, Maine 04333, business hours: Monday through Thursday,
8:30 a.m. to 4:30 p.m. and Friday, 8:30 a.m. to 12:30 p.m.; interested
persons wanting to examine documents at the state office should make an
appointment with the ME DEP, Bureau of Remediation and Waste Management
at least one day in advance by calling (207) 287-2651; and (2) EPA New
England--Region 1 Library, One Congress Street--11th Floor, Boston, MA
02114-2023, business hours: 10 a.m. to 3 p.m., Monday through Thursday,
telephone number: (617) 918-1990.
FOR FURTHER INFORMATION CONTACT: Chuck Franks, EPA New England--Region
1, One Congress Street, Suite 1100 (CHW), Boston, MA 02114-2023;
telephone number: (617) 918-1554, e-mail: franks.chuck@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On October 9, 1991, the Environmental Protection Agency (EPA)
promulgated the ``Solid Waste Disposal Facility Criteria: Final Rule''
(56 FR 50978). This rule promulgates part 258 of Title 40 of the Code
of Federal Regulations (CFR) (40 CFR part 258) which establishes the
minimum criteria for Municipal Solid Waste Landfills (MSWLF's). The
criteria set out in 40 CFR part 258 include location restrictions and
standards for design, operation, groundwater monitoring, corrective
action, financial assurance and closure and post-closure care for
MSWLFs. On July 1, 1996, EPA amended part 257 of Title 40 of the CFR
(40 CFR part 257) by adding Subpart B, ``Federal Disposal Standards for
the Receipt of CESQG Wastes at Non-Municipal, Non-Hazardous Waste
Disposal Units'' (61 FR 34252). The 40 CFR part 257 criteria include
location restrictions and groundwater monitoring and corrective action
standards for non-municipal, non-hazardous waste disposal units that
receive CESQG hazardous waste. Today's rule refers to the 40 CFR part
257, subpart B criteria and the 40 CFR part 258 criteria together as
the ``Subtitle D federal revised criteria.'' The Subtitle D federal
revised criteria establish minimum federal standards that take into
account the practical capability of owners and operators of MSWLFs and
non-municipal, non-hazardous waste disposal units that receive CESQG
hazardous waste while ensuring that these two types of facilities are
designed and managed in a manner that is protective of human health and
the environment.
Section 4005(c)(1)(B) of Subtitle D 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 MSWLFs and non-municipal, non-hazardous
waste disposal units that receive CESQG hazardous waste will comply
with the Subtitle D federal revised criteria. RCRA Section
4005(c)(1)(C) requires EPA to determine whether the permit programs
that states develop and implement for these two types of facilities are
adequate.
To fulfill this determination requirement, EPA promulgated the
State Implementation Rule (SIR). The SIR, which established part 239 of
Title 40 of the CFR (40 CFR part 239), has the following four purposes:
(1) It spells out the requirements that State programs must satisfy to
be determined adequate; (2) it confirms the process for EPA approval or
partial approval of State permit programs for MSWLFs and non-municipal,
non-hazardous waste disposal units that receive CESQG hazardous waste;
(3) it provides the procedures for withdrawal of such
[[Page 3780]]
approvals; and (4) it establishes a flexible framework for
modifications of approved programs.
To receive a determination of adequacy under the SIR, a State must
have: (1) Enforceable standards for new and existing MSWLFs and non-
municipal, non-hazardous waste disposal units that receive CESQG
hazardous waste that are technically comparable to the Subtitle D
federal revised criteria; (2) authority to issue a permit or other
notice of prior approval and conditions to all new and existing MSWLFs
and non-municipal, non-hazardous waste disposal units that receive
CESQG hazardous waste in its jurisdiction; (3) provisions for public
participation in permit issuance and enforcement, as required in RCRA
Section 7004(b); and (4) sufficient compliance monitoring and
enforcement authorities to take specific action against any owner or
operator that fails to comply with the state program. EPA expects
States to meet all of these requirements for all elements of a permit
program before it gives full approval to a State's program.
II. State of Maine
On September 29, 1993, Maine submitted an application for a
determination of adequacy of its MSWLF permit program to EPA (Region
1). EPA reviewed the application and requested additional information
about program implementation. This information was provided and is part
of the application record. Also, as a part of the application process,
ME DEP initiated a process to revise portions of Maine's statutes and
the Department's solid waste management rules as necessary to make the
program consistent with the Federal criteria under 40 CFR part 258.
After EPA provided Maine with initial comments regarding the
application, Maine provided EPA with a copy of the proposed draft
revisions to their solid waste management rules on August 28, 1995. The
August 28, 1995 draft revisions were distributed to an extensive list
of potentially interested parties and Maine DEP received public
comments concerning this draft which it determined warranted additional
draft changes and public review and comment. Subsequent revision drafts
dated September 1996 and January 1998 were prepared and distributed for
public review and comment and were also forwarded to EPA for agency
review relative to the criteria under 40 CFR part 258. The revised
MSWLF permit program regulations were adopted by Maine DEP and became
effective on November 2, 1998. Subsequent minor revisions to correct
errors and omissions or to provide greater clarity to the MSWLF permit
program regulations were drafted, distributed for public comment,
adopted through formal rulemaking and made effective on September 6,
1999.
On March 22, 2004, the EPA promulgated the Research Development and
Demonstration amendments at 40 CFR 258.4. Maine is not seeking approval
to implement the provisions of the RD&D amendments in this
determination of adequacy. Adopting these provisions is optional. Maine
may apply for, and be approved to implement these provisions at a later
time.
Based on our review, EPA has determined that Maine's MSWLF permit
program meets all of the criteria necessary to qualify for full program
approval. The bases for this determination are set forth in checklists
comparing the state program to the federal criteria, and other
documents, contained in the Administrative Docket.
Maine has not submitted an application for a determination of
adequacy under Subtitle D for a permit program for non-municipal, non-
hazardous waste disposal units that receive CESQG hazardous waste
because it does not have such a program. The State instead requires
that all hazardous waste disposal, including CESQG hazardous waste
disposal, must occur only at hazardous waste disposal facilities that
comply with the disposal requirements of RCRA Subtitle C. Therefore,
the state exceeds the requirements as set out in 40 CFR part 257,
subpart B for non-municipal, non-hazardous waste disposal units
receiving CESQG hazardous waste and is, therefore, approved by EPA as
having met or exceeded all RCRA Subtitle D CESQG disposal requirements.
The State has no plans to revise its current CESQG hazardous waste
disposal requirements and has indicated that any potential future
changes to Maine's solid waste management rules that may alter these
requirements will be forwarded to EPA for approval under the provisions
of Subtitle D.
Owners and operators located in States with approved permit
programs may benefit from the site-specific flexibility provided by 40
CFR part 257, subpart B, and 40 CFR part 258, to the extent the State
program allows such flexibility. States with approved programs may
choose to require facilities to comply with the Subtitle D federal
revised criteria exactly, or they may choose to allow owners and
operators to use site-specific alternative approaches to meet the
federal criteria. The flexibility allowed by 40 CFR part 257, subpart B
is not applicable in Maine since, as explained above, Maine requires
CESQG hazardous waste to be disposed of only at hazardous waste
disposal facilities. The Maine regulations generally track the federal
regulations and, therefore, generally allow the flexibility provided by
40 CFR part 258.
RCRA Section 4005(a) provides that citizens may use the citizen
suit provisions of RCRA Section 7002 to enforce the RCRA Subtitle D
Federal revised criteria independent of any State enforcement program.
EPA expects that any owner or operator complying with the provisions in
a State program approved by EPA should be considered to be in
compliance with the criteria set out in 40 CFR part 257, subpart B and
40 CFR part 258.
Maine is not applying at this time for the authority to carry out
its federal program in Indian country. Therefore, today's EPA action
does not include approval for the State to carry out its program in
Indian country within the State, which includes the lands of the
Houlton Band of Maliseet Indians, the Aroostook Band of Micmacs, the
Passamaquoddy Tribe at Pleasant Point and Indian Township, and the
Penobscot Nation. Today's action has no effect on Indian country. EPA
will address any issues relating to the State's authority regarding
Indian country only if and when the State applies to be authorized to
carry out this federal program in Indian country.
III. Public Comments and Public Hearing
The public may submit written comments on this rule. The deadline
for submitting written comments is in the DATES section of this rule.
The mailing and email addresses to which comments should be sent are in
the ADDRESSES section of this rule. EPA will consider all public
comments on this direct final rule that it receives during the public
comment period and during any public hearing, if held.
Although RCRA does not require EPA to hold a public hearing on a
determination to approve a State's MSWLF permit program and the manner
in which CESQG hazardous waste is addressed at non-municipal, non-
hazardous waste disposal units, EPA will hold a public hearing on this
determination if sufficient public interest is expressed by persons
either writing to EPA at the address in the ADDRESSES section above or
calling the EPA representative listed in the FOR FURTHER INFORMATION
CONTACT section by February 23, 2006. Should EPA
[[Page 3781]]
decide to hold a public hearing, this direct final rule will be revoked
and the final deadline for submitting comments will be extended. EPA
will notify any persons who submit comments on this notice if there is
a public hearing. In addition, anyone who wishes to learn whether the
hearing will be held may call the EPA representative listed in the FOR
FURTHER INFORMATION CONTACT section above.
Copies of Maine's application are available for inspection and
copying at the location indicated in the ADDRESSES section of this
direct final rule.
IV. Regulatory Assessments
The Office of Management and Budget has exempted this type of
action from the requirements of Executive Order 12866; therefore, this
action is not subject to review by OMB. This action approves State
requirements for the purposes of RCRA and imposes no additional
requirements beyond those imposed by State law. Accordingly, this
action will not have a significant economic impact on a substantial
number of small entities under the Regulatory Flexibility Act (5 U.S.C.
601 et seq.). Because this action authorizes pre-existing requirements
under State law and does not impose any additional enforceable duty
beyond that required by State law, it does not contain any unfunded
mandate or significantly or uniquely affect small governments, as
described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4).
For the same reason, and because this action has no effect in Indian
country, this action also does not significantly or uniquely affect the
communities or Tribal governments, as specified by Executive Order
13175 (65 FR 67249, November 9, 2000). This action will not have
substantial direct effects on the States, on the relationship between
the National Government and the States, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132 (64 FR 43255, August 10, 1999),
because it merely approves State requirements as part of the State RCRA
program without altering the relationship or the distribution of power
and responsibilities established by RCRA. This action also is not
subject to Executive Order 13045 (62 FR 19885, April 23, 1997), because
it is not economically significant and it does not make decisions based
on environmental health or safety risks. This rule is not subject to
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355
(May 22, 2001) ) because it is not a significant regulatory action
under Executive Order 12866.
Under RCRA, EPA grants a State's application as long as the State
meets the criteria required by RCRA. It would thus be inconsistent with
applicable law for EPA, when it reviews a State application, to require
the use of any particular voluntary consensus standard in place of
another standard that otherwise satisfies the requirements of RCRA.
Thus, the requirements of section 12(d) of the National Technology
Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply.
This rule does not impose an information collection burden under
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this document and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication in the Federal Register. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2) and therefore is not subject to
the additional requirements for major rules.
List of Subjects
40 CFR Part 239
Environmental protection, Administrative practice and procedure,
Intergovernmental relations, Waste treatment and disposal.
40 CFR Part 257
Waste treatment and disposal.
40 CFR Part 258
Reporting and recordkeeping requirements, Waste treatment and
disposal, Water pollution control.
Authority: This action is issued under the authority of the
Solid Waste Disposal Act as amended 42 U.S.C. 6912, 6945, 6949(a).
Dated: December 27, 2005.
Robert Varney,
Regional Administrator, New England.
[FR Doc. 06-627 Filed 1-23-06; 8:45 am]
BILLING CODE 6560-50-P