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Guam; Final Program Determination of Adequacy of State Municipal Solid Waste Landfill Permit Program

 

[Federal Register: June 6, 2000 (Volume 65, Number 109)]
[Notices]
[Page 35927-35928]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06jn00-104]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6709-7]


Guam; Final Program Determination of Adequacy of State Municipal
Solid Waste Landfill Permit Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final determination of adequacy of Guam's municipal
solid waste landfill permit program.

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SUMMARY: On August 24, 1998 Guam applied for a determination of
adequacy of its municipal solid waste landfill permit program under
section 4005 of the Resource Conservation and Recovery Act (RCRA). This
section requires States to develop and implement permit programs that
ensure that Municipal Solid Waste Landfills (MSWLFs) which may receive
hazardous household waste or small quantity generator waste are
obligated to 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 determination. Guam is identified as a ``State'' in 40 CFR
258.2.
    Guam applied for a determination of adequacy under section 4005 of
RCRA. EPA reviewed Guam's application and proposed a determination that
Guam's MSWLF permit program is adequate to ensure compliance with the
revised MSWLF Criteria. Further background on the tentative
determination of adequacy appears at 64 FR 54013, Oct. 5, 1999. Along
with the tentative determination, EPA announced the availability of the
application for public comment. EPA offered to hold a public hearing if
a sufficient number of people requested such a hearing. There were no
requests for a public hearing, so a hearing was not held. EPA did not
receive any comments on Guam's application. Therefore, EPA is today
issuing a final determination that the State's program is adequate.
    The full Guam application is on file and may be reviewed at the
regional EPA office in San Francisco, California or alternatively at
the offices of the Guam Environmental Protection Agency, Calibration
Laboratory Building, 15-6101 Mariner Avenue, Tiyan, Barrigada, Guam.
    Today's action takes effect without further notice in 60 days
unless the Agency receives relevant adverse comment or notice that
someone intends to submit a relevant adverse comment within 30 days.
Should the Agency receive such comments or notice, it will publish a
timely notice informing the public that this rule has not taken effect.

FINAL ACTION: Guam is granted full program determination of adequacy
for all areas of its municipal solid waste landfill permit program. By
this action, EPA is granting Guam full program determination of
adequacy for all parts of its municipal solid waste landfill permit
program.

EFFECTIVE DATE: The determination of adequacy for Guam shall be June 6,
2000.

FOR FURTHER INFORMATION CONTACT: Ms Heidi Hall, WST-7, U.S. EPA 75
Hawthorne Street, San Francisco, CA 94105, (415) 744-1284.

SUPPLEMENTARY INFORMATION:

[[Page 35928]]

Administrative Requirements

A. Executive Order 12866

    The Office of Management and Budget has exempted this regulatory
action from Executive Order 12866 review.

B. 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 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.

C. Unfunded Mandates Act

    Under section 202 of the Unfunded Mandates Reform Act of 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a federal mandate that may result in estimated
costs to state or local governments in the aggregate, or to the private
sector, or $100 million or more. The EPA has determined that the
approval action being promulgated does not include a federal mandate
that may result in estimated costs of $100 million or more to either
state or local governments in the aggregate, or to the private sector.
This federal action approves preexisting requirements under state law,
and imposes no new requirements. Accordingly, no additional costs to
State or local governments, or to the private sector, result from this
action.

D. Executive Order 12875

    Executive Order 12875 is intended to develop an effective process
to permit elected officials and other representatives of state or local
governments to provide meaningful input in the development of
regulatory proposals containing significant unfunded mandates. Since
this final federal action approves preexisting requirements of state
law, no new unfunded mandates result from this action. See also the
discussion under C, above, Unfunded Mandates Act.

E. Executive Order 13045

    Executive Order 13045, effective April 21, 1997, concerns
protection of children from environmental health and safety risks, and
applies to regulatory action that is ``economically significant'' in
that such action may result in an annual effect on the economy of $100
million or more. The EPA has determined that the approval action being
promulgated will not have a significant effect on the economy. This
federal action approves preexisting requirements under state law, and
imposes no new requirements. Accordingly, Executive Order 13045 does
not apply to this action.

F. Congressional Review Act

    Under 5 U.S.C. 801(a)(1)(A), as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report
containing this action and other required information to the U.S.
Senate, the U.S. House of Representatives and the Comptroller General
of the General Accounting Office prior to publication of this action in
today's Federal Register. This action is not a ``major rule'' as
defined by 5 U.S.C. 804(2).

    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: May 23, 2000.
Felicia Marcus,
Regional Administrator, Region IX.
[FR Doc. 00-14179 Filed 6-5-00; 8:45 am]
BILLING CODE 6560-50-P

 
 

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