federal_register: 94-1022
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| document_number | title | type | abstract | publication_date | pub_year | pub_month | html_url | pdf_url | agency_names | agency_ids | excerpts |
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| 94-1022 | Ohio Adequacy Determination of State Municipal Solid Waste Permit Program | Uncategorized Document | 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, requires States to develop and implement permit programs to ensure that municipal solid waste landfills (MSWLFs) which may receive hazardous household waste will comply with the revised Federal Criteria (40 CFR part 258). RCRA section 4005(c)(1)(C) requires the United States Environmental Protection Agency (USEPA) to determine whether States have adequate permit programs for MSWLFs, but does not mandate issuance of a rule for such determinations. The USEPA has drafted and is in the process of proposing the State/Tribal Implementation Rule (STIR) that will provide procedures by which the USEPA will approve, or partially approve, 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 the 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/Tribal MSWLF permit programs provide interaction between the State/Tribe and the owner/operator regarding site-specific permit conditions. Only those owners/operators located in States/Tribes with approved MSWLF permit programs can use the site-specific flexibility provided by the revised Federal Criteria to the extent the State/Tribe MSWLF permit program allows such flexibility. The USEPA notes that regardless of the approval status of a State/Tribe and the permit status of any facility, the revised Federal Criteria apply to all permitted and unpermitted MSWLF facilities. Ohio applied for a determination of adequacy under section 4005 of RCRA. At the same time, Ohio proposed modifications to current regulations that will facilitate full approval of its solid waste program. The rules contained in the proposed revisions to the Ohio Administrative Code (OAC), Chapter 3745-27, add definitions and requirements that are no less stringent than portions of the revised Federal Criteria. The specific revised Federal Criteria that Ohio will incorporate are identified in the Ohio Solid Waste Program Application for U.S. EPA Authorization, October 1993. The USEPA reviewed Ohio's application and has made a tentative determination that the combination of Ohio's existing MSWLF permit program and the incorporation of certain portions of the revised Federal Criteria will be adequate to assure compliance with the revised Federal Criteria. The Ohio application for program adequacy determination is available for public review and comment. The USEPA has also received the proposed revisions to the regulations for review. See Proposed Municipal Solid Waste Landfill Regulations, OAC-3745-27, Ohio Environmental Protection Agency (OEPA), December 23, 1993. Review of the finalized OEPA regulations will occur prior to the USEPA's final determination of program adequacy. If the OEPA regulations, when fully promulgated and effective, are essentially unchanged from proposed and are comparable to the revised Federal Criteria, the USEPA may approve the Ohio solid waste program. Although RCRA does not require USEPA to hold a hearing on any determination to approve a State/Tribal MSWLF permit program, the USEPA Region 5 may schedule an opportunity for a public hearing on this tentative determination. Details appear below in the ``DATES'' section. DATES: All comments on Ohio's application for a full determination of adequacy must be received by USEPA Region 5 by the close of business on March 1, 1994. If there is sufficient public interest, USEPA Region 5 will hold a public hearing on March 1, 1994, starting at 1 p.m. at the offices of the Ohio Environmental Protection Agency, Conference Room 1A, located at 1800 Watermark Drive in Columbus, Ohio. Ohio will participate in the public hearing, if held, by USEPA Region 5 on this subject. Written comments on Ohio's application should be submitted to USEPA Region 5 at the address specified below during the public comment period. In addition, oral and/or written comments can be submitted during the public hearing, if held. Persons requesting that USEPA Region 5 hold a public hearing and/or wishing to be notified of the public hearing, if held, should contact the USEPA Region 5 contact given below in the ``FOR FURTHER INFORMATION CONTACT'' section, within 30 days of the date of the publication of this notice. Such persons contacting the USEPA will be notified directly if the public hearing will be held or not held, at least 2 weeks prior to March 1, 1994. | 1994-01-14 | 1994 | 1 | https://www.federalregister.gov/documents/1994/01/14/94-1022/ohio-adequacy-determination-of-state-municipal-solid-waste-permit-program | Environmental Protection Agency | 145 | 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, requires States to develop and implement permit programs to ensure that municipal solid waste landfills... |