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, 26632-26634 [2019-12044]
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Federal Register / Vol. 84, No. 110 / Friday, June 7, 2019 / Proposed Rules
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strain SC1; therefore, the requirement to
provide an analytical method for the
detection of residues of Trichoderma
atroviride strain SC1 in agricultural
commodities or processed food is not
applicable. Contact: BPPD.
D. New Tolerances for Non-Inerts
1. PP 4F8338. (EPA–HQ–OPP–2018–
0599). Dow AgroSciences LLC, 9330
Zionsville Road, Indianapolis, IN 46268,
requests to establish a tolerance in 40
CFR part 180 for residues of the
insecticide, sulfoxaflor (1-(6trifluoromethylpyridin-3yl)ethyl)(methyl)-oxido-l4sulfanylidenecyyanamide), in or on rice,
grain at 5 parts per million (ppm); rice,
straw at 5 ppm; rice, hulls at 14 ppm;
and avocado, whole fruit at 0.15 ppm.
The Analytical method 091116,
‘‘Enforcement Method for the
Determination of Sulfoxaflor (XDE–208)
and its Main Metabolites in Agricultural
Commodities using Offline Solid-Phase
Extraction and Liquid Chromatography
with Tandem Mass Spectrometry
Detection’’ was validated on a variety of
plant matrices. The method was
validated over the concentration range
of 0.010–5.0 mg/kg with a validated
limit of detection (LOD) of 0.003 mg/kg
and limit of quantitation (LOQ) of 0.010
mg/kg. Contact: RD.
2. PP 8E8672. (EPA–HQ–OPP–2008–
0771). Valent U.S.A. LLC, P.O. Box
8025, Walnut Creek, CA 94596, requests
to establish a tolerance in 40 CFR part
180 for residues of the insecticide,
clothianidin, in or on persimmon at 0.5
parts per million (ppm). The liquid
chromatography/mass spectroscopy/
mass spectroscopy (LC/MS/MS analysis)
is used to measure and evaluate the
chemical clothianidin, (E)-1-(2-chloro1,3-thiazol-5-ylmethyl)-3-methyl-2nitroguanidine. Contact: RD.
3. PP 8E8731. (EPA–HQ–OPP–2019–
0070). Interregional Research Project
No. 4 (IR–4), IR–4 Project Headquarters,
Rutgers, The State University of NJ, 500
College Road East, Suite 201 W,
Princeton, NJ 08540, requests to amend
40 CFR part 180.650 by establishing
tolerances for residues of isoxaben, N[3-(1-ethyl-1-methylpropyl)-5isoxazolyl]-2, 6-dimethoxybenzamide in
or on the raw agricultural commodities
Hop, dried cones at 0.01 parts per
million (ppm) and Caneberry subgroup
13–07A at 0.01 ppm. Acceptable
analytical methods are available for
enforcement purposes. Contact: RD.
4. PP 8F8695. (EPA–HQ–OPP–2018–
0718). Syngenta Crop Protection, LLC,
P.O. Box 18300, Greensboro, NC 27419
requests to establish a tolerance in 40
CFR part 180.475 for residues of the
fungicide difenoconazole in or on
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vegetable, leaves of root and tuber,
group 2 at 8.0 parts per million (ppm)
and vegetable, root, subgroup 1A at 0.60
ppm. The gas chromatography equipped
with a nitrogen-phosphorous detector
and the liquid chromatography (LC)/
mass spectrometry (MS)/MS) method
are used to measure and evaluate the
chemical difenoconazole. Contact: RD.
5. PP 8F8729. (EPA–HQ–OPP–2019–
0130). Bayer CropScience, 2 T.W.
Alexander Drive, P.O. Box 12014,
Research Triangle Park, NC 27709,
requests to establish a tolerance in 40
CFR part 180 for residues of the
fungicide, trifloxystrobin (benzeneacetic
acid, (E,E)-a-(methoxyimino)-2-[[[[1-[3(trifluoromethyl)
phenyl]ethylidene]amino]oxy]methyl]methyl ester) and the free form of its
acid metabolite CGA–321113 ((E,E)methoxyimino-[2-[1-(3-trifluoromethylphenyl)-ethylideneaminooxymethyl]phenyl]acetic acid) in or on dried
shelled pea and bean (except soybean)
subgroup 6C at 0.06 parts per million
(ppm). The analytical method involves
solvent mixtures and solvent to matrix
ratio, deuterated internal standards, and
Liquid Chromatography/Mass
Spectrometry-Mass Spectrometry (LC/
MS–MS) with an electrospray interface,
operated in the positive ion mode.
Residues of trifloxystrobin are
quantified by high-pressure liquid
chromatography/triple stage quadrupole
mass spectrometry (LC/MS/MS) using
stable-labeled internal standards.
Contact: RD.
6. PP 9F8733. (EPA–HQ–OPP–2019–
0062). Syngenta Crop Protection, 410
Swing Road, P.O. Box 18300,
Greensboro, NC 27419, requests to
establish a tolerance in 40 CFR part 180
for residues of the fungicide,
mandipropamid: 4-chloro-N-[2-[3methoxy-4-(2-propynyloxy)
phenyl]ethyl]-alpha-(2-propynyloxy)benzeneacetamide, in or on cocoa bean
at 0.05 parts per million (ppm). The
analytical method involves extraction of
mandipropamid residues from crop
samples by homogenization with
acetonitrile:water (80:20 v/v). Extracts
are centrifuged and aliquots diluted
with water prior to being cleaned-up
using polymeric solid-phase extraction
cartridges. Residues of mandipropamid
are quantified using high performance
LC–MS/MS. Contact: RD.
7. PP 9F8736. (EPA–HQ–OPP–2019–
0128). Syngenta Crop Protection, LLC,
P.O. Box 18300, Greensboro, NC 27419,
requests to establish a tolerance in 40
CFR part 180.685 for residues of the
fungicide oxathiapiprolin (1-[4-[4-[5(2,6-difluorophenyl)-4,5-dihydro-3isoxazolyl]-2-thiazolyl]-1-piperidinyl]-2[5-methyl-3-(trifluoromethyl)-1H-
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pyrazol-1-yl]-ethanone), in or on
bushberry crop subgroup 13–07B at 0.5
parts per million (ppm); tree nuts, crop
group 14–12 at 0.01 ppm; and almond
hulls at 0.05 ppm. High-pressure liquid
chromatography with tandem massspectrometry (LC–MS/MS) detection is
used to measure and evaluate residues
of the chemical oxathiapiprolin.
Contact: RD.
8. PP 9F8744. (EPA–HQ–OPP–2019–
0273). Syngenta Crop Protection, LLC,
P.O. Box 18300, Greensboro, NC 27419,
requests to establish rotational crop
tolerances in 40 CFR part 180 for
residues of the fungicide,
pydiflumetofen, in or on rice, grain at 0.
01 parts per million (ppm); Non-grass
animal feed (crop group 18), forage at
0.01 ppm; non-grass animal feed (crop
group 18), hay at 0.03 ppm; grasses,
forage at 0.15 ppm; grasses, hay at 0.50
and grasses, straw at 0.04 ppm. The
QuEChERS method is used to measure
and evaluate the chemical in plant
commodities. Contact: RD.
Authority: 21 U.S.C. 346a et seq.
Dated: May 20, 2019.
Delores Barber,
Director, Information Technology and
Resources Management Division, Office of
Pesticide Programs.
[FR Doc. 2019–11930 Filed 6–6–19; 8:45 am]
BILLING CODE 6560–50–P
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
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
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
SUMMARY:
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Federal Register / Vol. 84, No. 110 / Friday, June 7, 2019 / Proposed Rules
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,
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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
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26633
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
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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
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16:40 Jun 06, 2019
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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.
document is being published pursuant
to 47 CFR 1.429(e). See also 47 CFR
1.4(b)(1) and 1.429(f), (g).
Number of Petitions Filed: 1.
Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2019–11913 Filed 6–6–19; 8:45 am]
BILLING CODE 6712–01–P
[FR Doc. 2019–12044 Filed 6–6–19; 8:45 am]
DEPARTMENT OF COMMERCE
BILLING CODE 6560–50–P
National Oceanic and Atmospheric
Administration
FEDERAL COMMUNICATIONS
COMMISSION
[Docket No. 190215125–9125–01]
47 CFR Parts 1 and 96
[GN Docket No. 17–258; Report No. 3128]
Petition for Reconsideration of Action
in Rulemaking Proceeding
Federal Communications
Commission.
ACTION: Petition for reconsideration.
AGENCY:
50 CFR Part 648
RIN 0648–BI49
Fisheries of the Northeastern United
States; Framework Adjustment 13 to
the Atlantic Mackerel, Squid, and
Butterfish Fishery Management Plan
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
SUMMARY: A Petition for Reconsideration Commerce.
(Petition) has been filed in the
ACTION: Proposed rule; request for
Commission’s rulemaking proceeding
comments.
by John C. Gazzo, on behalf of
SUMMARY: NMFS proposes measures to
CallComm.
approve and implement Framework
DATES: Oppositions to the Petition must
Adjustment 13 to the Atlantic Mackerel,
be filed on or before June 24, 2019.
Squid, and Butterfish Fishery
Replies to an opposition must be filed
Management Plan. This action proposes
on or before July 2, 2019.
to establish a 5-year rebuilding program
ADDRESSES: Federal Communications
for Atlantic mackerel, set 2019–2021
Commission, 445 12th Street SW,
Atlantic mackerel specifications and a
Washington, DC 20554.
river herring and shad cap for the
FOR FURTHER INFORMATION CONTACT:
Atlantic mackerel fishery, modify the
Peter Trachtenberg, Mobility Division,
Mid-Atlantic Fishery Management
Wireless Telecommunications Bureau
Council’s risk policy, and modify in(WTB), at (202) 418–7369, email:
season closure measures. This action is
Peter.Trachtenberg@fcc.gov.
necessary to prevent overfishing and
rebuild the Atlantic mackerel stock
SUPPLEMENTARY INFORMATION: This is a
based on a recent stock assessment that
summary of the Commission’s
found the Atlantic mackerel stock to be
document, Report No. 3128, released
overfished and subject to overfishing.
May 24, 2019. The full text of the
The intended effect of this rule is to
Petition is available for viewing and
sustainably manage the Atlantic
copying at the FCC Reference
Information Center, 445 12th Street SW, mackerel fishery and achieve optimum
Room CY–A257, Washington, DC 20554. yield on a continuing basis.
DATES: Public comments must be
It also may be accessed online via the
received by July 8, 2019.
Commission’s Electronic Comment
Filing System at: https://apps.fcc.gov/
ADDRESSES: You may submit comments
ecfs/. The Commission will not send a
on this document, identified by NOAA–
Congressional Review Act (CRA)
NMFS–2018–0113, by any of the
submission to Congress or the
following methods:
Government Accountability Office
• Electronic Submission: Submit all
pursuant to the CRA, 5 U.S.C.
electronic public comments via the
801(a)(1)(A), because no rules are being
Federal e-Rulemaking Portal. Go to
adopted by the Commission.
www.regulations.gov/
Subject: Promoting Investment in the
#!docketDetail;D=NOAA-NMFS-20183550–3700 MHz Band, GN Docket No.
0113, click the ‘‘Comment Now!’’ icon,
17–258, FCC 18–149, published at 83 FR complete the required fields, and enter
63076, December 7, 2018. This
or attach your comments.
PO 00000
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AGENCY:
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]]>Agencies
[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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 [email protected]. 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, [email protected].
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
