[Federal Register Volume 84, Number 110 (Friday, June 7, 2019)]
[Proposed Rules]
[Pages 26632-26634]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12044]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 239

[FRL-9994-84-Region 2]


The Territory of the United States Virgin Islands: Notification 
of Tentative Determination of Adequacy of the U.S. Virgin Islands 
Municipal Solid Waste Landfill Permit Program; Public Hearings and 
Public Comment Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The U.S. Virgin Islands (USVI) has requested that EPA consider 
approving its Resource Conservation and Recovery Act (RCRA) Subtitle D 
municipal solid waste landfills (MSWLF) Permit Program and with this 
action, EPA is proposing a Tentative Determination of Adequacy of the 
USVI MSWLF Permit Program. 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 three public hearings on this tentative

[[Page 26633]]

determination. Details appear below in the DATES section.

DATES: All comments on EPA's tentative determination of adequacy of the 
USVI RCRA Subtitle D MSWLF Permit Program must be received by the close 
of business on Friday, August 2, 2019. One public hearing will be held 
on St. Croix, USVI on Tuesday, July 23, 2019; a second hearing will 
take place on St. Thomas, USVI on Wednesday, July 24, 2019; a third 
hearing will take place on St. John, USVI on Thursday, July 25, 2019. 
Each hearing will begin at 6 p.m. The Government of the USVI is 
expected to participate in the public hearings held by EPA on this 
matter.

ADDRESSES: Copies of key documents concerning this matter are available 
between 8:30 a.m. and 5:00 p.m. at the following addresses for 
inspection and copying: U.S. EPA Region 2 Library, 290 Broadway, 16th 
Floor, New York, New York, 10007-1866, telephone (212) 637-3185; the 
USVI Department of Planning and Natural Resources, Division of 
Environmental Protection, 2607 Tutu Park Mall, St. Thomas, USVI 00802, 
telephone (340) 774-3320; the Elaine Ione Strauve Public Library, 
Enighed Estate, St. John, USVI 00831, telephone (340) 776-6395; the 
USVI Department of Planning and Natural Resources, Division of 
Environmental Protection, 45 Estate Mars Hill, Frederiksted, St. Croix, 
USVI, 00840, telephone (340) 773-1082; the USEPA Caribbean 
Environmental Protection Division (CEPD) City View Plaza II--Suite 7000 
#48 Rd. 165 km 1.2 Guaynabo, PR 00968-8069. Written comments should be 
sent to Judy-Ann Mitchell, Acting Deputy Division Director, Land, 
Chemicals, and Redevelopment Division, USEPA Region 2, 290 Broadway, 
New York, NY 10007 or via email at mitchell.judy-ann@epa.gov. The St. 
Croix public hearing on Tuesday, July 23, 2019 will be held at the 
Florence A. Williams Public Library, 1122 King Street, Christiansted, 
St. Croix, USVI 00823; the St. Thomas public hearing on Wednesday, July 
24, 2019 will held at the Department of Planning and Natural Resources 
Charles W. Turnbull Regional Public Library Auditorium, 2607 Tutu Park 
Mall, St. Thomas, USVI 00802; the St. John public hearing on Thursday, 
July 25 will be held at the Cleone H. Creque Legislative Conference 
Room, St. John Legislative Annex, Cruz Bay, St. John, USVI 00830.

FOR FURTHER INFORMATION CONTACT: Judy-Ann Mitchell, Acting Deputy 
Division Director, Land, Chemicals, and Redevelopment Division, U.S. 
EPA Region 2, 290 Broadway, New York, New York, 10007-1866, telephone 
(212) 637-3721, mitchell.judy-ann@epa.gov.

SUPPLEMENTARY INFORMATION:

A. Background

    The RCRA, as amended by the Hazardous and Solid Waste Amendments of 
1984, requires States to develop and implement permit programs or other 
systems of prior approval to ensure that MSWLFs which may receive 
hazardous household waste or small quantity generator waste will comply 
with the revised Federal MSWLF Criteria. The RCRA requires the 
Environmental Protection Agency (EPA) to determine whether States have 
adequate ``permit'' programs for MSWLFs. Pursuant to the RCRA, the term 
``State'' includes the territory of the U.S. Virgin Islands. To 
implement these statutory provisions, EPA promulgated a State 
Implementation final rule, which provides criteria and procedures for 
making adequacy determinations of State municipal landfill permit 
programs. The EPA approval of state MSWLF programs provides Directors 
of approved states with various flexibilities including the authority 
to approve expansion of an existing landfill or siting a new landfill 
in a seismic zone, application of alternative daily cover, and 
alternate financial assurance mechanisms. The EPA notes that federal 
landfill criteria apply to all permitted and unpermitted MSWLF 
facilities.
    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 or other systems of prior approval to ensure that 
MSWLFs comply with the Federal Criteria under part 258. RCRA also 
requires in Section 4005(c)(1)(C), 42 U.S.C. 6945(c)(1)(C) that EPA 
determine whether State MSWLF permit programs are adequate to comply 
with the revised Federal Criteria. Title 40 CFR part 239 specifies the 
minimum requirements which State landfill permit programs must satisfy 
to be determined by EPA to be adequate, including: The state must have 
legally adopted enforceable standards for new and existing MSWLFs that 
are technically comparable to EPA's revised MSWLF landfill criteria; 
the state must have an adequate compliance monitoring program and the 
legal authority to issue permits or other forms of prior approval to 
all new and existing MSWLFs in its jurisdiction; the State must provide 
for public participation in permit issuance and enforcement as required 
in section 7004(b) of RCRA, 42 U.S.C. 6974(b); and the State must also 
demonstrate that it has sufficient compliance monitoring and 
enforcement authorities to take specific action against any owner or 
operator that fails to comply with applicable regulations or its 
landfill permit.
    The EPA Regions are authorized to determine whether a State has 
submitted an ``adequate'' program based on the statute and the 
regulations summarized above. EPA expects States to meet all these 
requirements for its MSWLF program before it gives full approval of the 
adequacy of a MSWLF program.
    As a general matter, the Agency believes that approvals of state 
programs have an important benefit. Approved State permit programs 
establish procedures for interaction between a state and an owner/
operator regarding site-specific permit conditions. Only those owners/
operators located in States with approved permit programs can use the 
site-specific flexibility provided by part 258 to the extent that the 
State permit program allows such flexibility. EPA notes that regardless 
of the approval status of a State and the permit status of any 
facility, the federal landfill criteria apply to all permitted and 
unpermitted MSWLF facilities. EPA also notes that 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 to enforce the Federal MSWLF 
criteria in 40 CFR part 258 independent of any State enforcement 
program.

B. Territory of the U.S. Virgin Islands

    The USVI originally applied for a determination of adequacy under 
RCRA in October 1993. EPA reviewed the application and published in the 
Federal Register a Tentative Determination of Adequacy on June 16, 
1995. However, the public hearings and public comments contained many 
adverse statements concerning deficiencies in the USVI solid waste 
program; in addition, the USVI did not promulgate revised solid waste 
regulations that could meet EPA approval. Accordingly, EPA did not 
publish a Final Determination of Adequacy. Based on continuing 
deficiencies in the USVI solid waste management program, on May 8, 2000 
(65 FR 26546) EPA published in the Federal Register a Tentative 
Determination of Inadequacy and held two public hearings on St. Thomas 
and St. Croix. After review of public comments, EPA decided not to 
proceed with a Final Determination of Inadequacy and to allow the USVI

[[Page 26634]]

additional time to develop its solid waste management program, which 
EPA believes has now occurred.
    The EPA has continued to work with the USVI both on its day-to-day 
landfill operation practices and the development of appropriate solid 
waste regulations. In addition, in 2004 the USVI established the Waste 
Management Authority and in recent years has pursued various efforts to 
improve its solid waste management program. Also, scheduling the work 
for the final closure of both the Anguilla and Bovoni landfills is now 
under the supervision of a federal judge and the Department of Justice, 
pursuant to federal Consent Decrees, which became effective in 2013 and 
2014.
    The USVI submitted program application material to EPA in 2008, and 
in 2017 and 2018 submitted additional information that EPA requested. 
EPA has reviewed all relevant materials concerning the USVI's MSWLF 
program, including revised solid waste regulations, and has made a 
tentative determination that all portions of the U.S. Virgin Islands' 
MSWLF permit program now are adequate to assure compliance with the 
revised Federal Criteria, except that correction of a technical/
typographical error in a section of the Virgin Islands solid waste 
regulations needs to be made.
    The USVI Attorney General has certified that the current laws and 
regulations, which are part of the Virgin Islands solid waste 
management program, are in full force and effect, and that an 
appropriate correction to the solid waste regulations is being 
processed. The Attorney General will update its certification when the 
correction of the regulations has been officially promulgated.
    The USVI application materials for this program adequacy 
determination are available for public review in the locations 
described in the ADDRESSES section of this document.

C. Comment Period/Final Determination

    EPA will consider all public comments received during the public 
comment period and public hearings, including any comments offered by 
the Virgin Islands government, and make a final determination on 
whether to approve the Virgin Islands' RCRA Subtitle D MSWLF Permit 
Program. EPA will give notice of its final determination in the Federal 
Register. The document will include a summary of the reasons for the 
final determination, and a summary of responses to all major comments 
received at the public hearings and during the public comment period.

List of Subjects in 40 CFR Part 239

    State solid waste program application, Requirements for adequate 
permit programs, EPA adequacy determination procedures.

    Dated: May 9, 2019.
Peter D. Lopez,
Regional Administrator, Region 2.
[FR Doc. 2019-12044 Filed 6-6-19; 8:45 am]
 BILLING CODE 6560-50-P


