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The Commonwealth of the Northern Mariana Islands; Full Program Adequacy Determination of State Municipal Solid Waste Landfill Permit Program
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: February 27, 2002 (Volume 67, Number 39)]
[Notices]
[Page 8966-8968]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27fe02-85]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-7146-8]
The Commonwealth of the Northern Mariana Islands; Full Program
Adequacy Determination of State Municipal Solid Waste Landfill Permit
Program
AGENCY: Environmental Protection Agency.
ACTION: Notice of tentative determination of full program adequacy of
the Commonwealth of the Northern Mariana Islands (CNMI) Municipal Solid
Waste Landfill Permitting Program, 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(1)(B), requires states to
develop and implement permit programs to ensure that municipal solid
waste landfills (MSWLFs), which may receive hazardous household waste
or conditionally exempt small quantity generator waste, comply with the
revised Federal MSWLF Criteria. Section 4005(c)(1)(C) of RCRA requires
the Environmental Protection Agency (EPA) to determine whether States
have adequate permit programs for MSWLFs. Approval of State permit
programs allows the State to tailor permits to include site-specific
conditions. Only those owners/operators located in States with approved
permit programs can use the site-specific flexibilities provided by 40
CFR part 258 to the extent the State permit program allows such
flexibility. EPA notes that, regardless of the approval status of any
facility, the federal landfill criteria shall apply to all permitted
and unpermitted MSWLF facilities.
The CNMI is defined as a ``State'' in 40 CFR 258.2. The CNMI has
applied for a determination of adequacy under Section 4005(c)(1)(C) of
RCRA, 42 U.S.C. 6945(c)(1)(C). EPA Region IX has reviewed the CNMI's
MSWLF permit program application and has made a tentative determination
that all portions of the CNMI's permit program application are adequate
to ensure compliance with the revised MSWLF criteria. The CNMI's
application for program adequacy is available for public review and
comment during regular business hours at the place(s) listed in the
ADDRESSES section below.
Although RCRA does not require EPA to hold a public hearing on a
determination to approve any State's MSWLF permit program, the Region
has tentatively scheduled a public hearing on this determination. If a
sufficient number of persons express an interest in participating in a
hearing by writing to the Region IX Office of Pollution Prevention and
Solid Waste at the address listed in the ADDRESSES section below or by
calling the contact given in the FOR FURTHER INFORMATION CONTACT
section below within 30 days of the date of publication of this notice,
the Region will hold a hearing in Susupe, Saipan, CNMI. The Region will
notify all persons who submit comments on this notice if it appears
that there is sufficient public interest to warrant a hearing. In
addition, anyone who wishes to learn whether the hearing will be held
may call the person listed in the FOR FURTHER INFORMATION CONTACT
section below.
DATES: All comments on the CNMI's application for a determination of
adequacy must be received by the close of business on April 29, 2002.
If, and only if, sufficient public interest in having a public
hearing is requested on or before March 29, 2002, a public hearing to
receive oral and written testimony on EPA's tentative determination
will be held on April 29, 2002, from 6:00 p.m. to 8:00 p.m. If EPA
determines that more time for receiving testimony is needed, EPA may
extend the closing time up to 8:30 p.m. on this date. The hearing, if
held, will be April 29, 2002. At the hearing, EPA may limit oral
testimony to five minutes per speaker, depending on the number of
commenters. Commenters presenting oral testimony must also submit their
comments in writing at the hearing on April 29, 2002. The hearing may
adjourn earlier than 8:00 p.m. if all of the speakers deliver their
comments before that hour. The State will participate in the public
hearing, if held by EPA, on this subject.
Requests for a public hearing must be in writing and must be
received by the EPA contact shown in this document before the close of
business on March 29, 2002, and should include a statement on the
writer's reason for wanting a public hearing. EPA will determine,
within twelve calendar days of the date by which requests must be
received, whether a public hearing is warranted. After twelve days,
anyone may contact the EPA person listed in the FOR FURTHER INFORMATION
CONTACT section to find out if a public hearing will be held.
ADDRESSES: Written comments and requests for a public hearing should be
sent to Ms. Heidi Hall, Chief, Office of Pollution Prevention and Solid
Waste, mail code WST-7, EPA Region IX, 75 Hawthorne Street, San
Francisco, California 94105. Comments may also be submitted
electronically by sending electronic mail (e-mail) through the Internet
to: hall.heidi@epa.gov. Comments in electronic format should clearly
identify the subject matter. All electronic comments must be submitted
as an ASCII file avoiding the use of special characters and any form of
encryption.
The public hearing, if held, will be at the Joeten-Kiyu Public
Library in Susupe, Saipan, CNMI. Copies of the CNMI's application for
adequacy determination are available at the following addresses for
inspection and copying: CNMI Division of Environmental Quality, Third
Floor, Morgen Building, San Jose, Saipan, CNMI, between the hours of
8:00 a.m. and 4:30 p.m., telephone 670-664-8500; and, by prior visiting
arrangements, at the EPA Region IX Library, 75 Hawthorne Street, San
Francisco, California 94105, between the hours of 9:00 a.m. and 4:00
p.m., telephone 415-972-3658 or 415-972-3383 to make visiting
arrangements.
FOR FURTHER INFORMATION CONTACT: Ms. Kelly Doordan, Office of Pollution
Prevention and Solid Waste, mail code WST-7, EPA Region IX, 75
Hawthorne Street, San Francisco, California 94105, telephone 415-972-
3383, or via the Internet: doordan.kelly@epa.gov.
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 40 CFR part 258. Subtitle D also requires in Section
4005 (c) (1) (C), 42 U.S.C. 6945 (c) (1) (C), that EPA determine the
adequacy of state municipal solid waste landfill permit programs to
ensure that facilities comply with the revised Federal Criteria. To
fulfill this requirement, the EPA has promulgated the Final State
Implementation Rule
[[Page 8967]]
(SIR), which can be found at 40 CFR part 239. The rule specifies the
requirements which State programs must satisfy to be determined
adequate.
EPA interprets the requirement for states to develop ``adequate''
programs for permits or other forms of prior approval and conditions to
impose several minimum requirements. 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 and
conditions to all new and existing MSWLFs in it jurisdiction. The State
also must provide for public participation in permit issuance and
enforcement, as required in Section 7004 (b) of RCRA, 42 U.S.C. 6974
(b). 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 requirements of the SIR. EPA expects
States to meet all of these requirements for all elements of a MSWLF
program before it gives full approval to a MSWLF program.
B. CNMI
On September 19, 2001 EPA Region IX received the CNMI's MSWLF
Permit Program application for adequacy determination. Region IX
reviewed the application, submitted comments to the CNMI, and requested
supplementary information about the state program implementation. The
CNMI addressed EPA's comments, provided the requested additional
information, and submitted a revised narrative portion of the final
application for adequacy determination on January 4, 2002. Region IX
has reviewed the CNMI's final application and has tentatively
determined that all portions of the CNMI's MSWLF permit program meet
the requirements necessary to qualify for full program approval and
ensure compliance with the revised Federal Criteria.
The CNMI has three municipal solid waste dumps that are currently
out of compliance with the federal criteria for MSWLFs: the Puerto Rico
Dump (PRD) on Saipan, one dump on Tinian, and one dump on Rota. The
CNMI has developed a schedule for closure of the PRD and construction
of a new MSWLF on Saipan. The federal regulations do not allow location
of a landfill in a seismic zone without an approved State program. As
the entire island of Saipan is considered a seismic zone, the CNMI
intends to utilize the flexibility provisions afforded to approved
states under particular circumstances to construct a new MSWLF in a
seismic impact zone and to use an alternative landfill liner.
During the application review process, EPA expressed concern about
the CNMI's staffing capacity and anticipated schedule for bringing the
dumps on Tinian and Rota into compliance with federal criteria. On
January 4, 2002, the CNMI sent EPA a supplement to the original
application with additional information on CNMI commitments to
maintaining adequate staffing levels to oversee the program and to
developing integrated solid waste management and dump closure plans for
Tinian and Rota.
The public may submit written comments on EPA's tentative
determination until April 29, 2002. Copies of the CNMI'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 this tentative
determination that are received during the public comment period and
during any public hearing, if a hearing is held. Issues raised by those
comments may be the basis for a determination of inadequacy for the
CNMI's program. EPA will make a final decision on approval of the
CNMI's program and will give notice of the final determination in the
Federal Register. The notice shall include a summary of the reasons for
the final determination and a response to all significant comments.
Section 4005 (a) of RCRA, 42 U.S.C. 6945 (a), provides that
citizens may use the citizen suit provisions of Section 7002 of RCRA,
42 U.S.C. 6972, to enforce the Federal 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).
Administrative Requirements
A. Compliance With Executive Order 12866
Executive Order 12866 requires Office of Management and Budget
review of ``significant regulatory actions.'' Significant regulatory
actions are defined as those that (1) have an annual effect on the
economy of $100 million or more or adversely affect a sector of the
economy, including state, local or tribal governments or communities;
(2) create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency; (3) materially alter the
budgetary impact of entitlements, grants, user fees, or loan programs
or the rights or obligations of recipients; or (4) raise novel legal or
policy issues. This tentative decision is not a ``significant
regulatory action'' and is not subject to the requirements of Executive
Order 12866.
B. 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.
C. Unfunded Mandates Act
Under Section 202 of the Unfunded Mandates and 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, of $100 million or more. The EPA has determined
that the approval action being promulgated does not include a federal
mandate that may result in 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
[[Page 8968]]
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. Executive Order 12898
Executive Order 12898 requires agencies to consider impacts on the
health and environmental conditions in minority and low-income
communities with the goal of achieving environmental justice. This
tentative determination is consistent with Executive Order 12898.
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: January 23, 2002.
Wayne Nastri,
Regional Administrator, Region 9.
[FR Doc. 02-4648 Filed 2-26-02; 8:45 am]
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