Territory of the U.S. Virgin Islands; Final Determination of Adequacy of U.S. Virgin Islands' Municipal Solid Waste Landfill Permitting Program, 70522-70524 [2019-27666]
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Department containing four separate
sections including individual narrative
statements—(1) Standards and
Procedures, (2) Independent Status, (3)
Qualification of Advanced Energy to
Operate a Certification System, and (4)
Expertise in Electric Motor Test
Procedures. The petition included
supporting documentation on these
subjects. The Department is required to
publish in the Federal Register such
petitions for public notice and
solicitation of comments, data and
information as to whether the Petition
should be granted. 10 CFR 431.21(b) and
10 CFR 431.448(b). In accordance with
requirements in 10 CFR 431.21(b) and
10 CFR 431.448(b), DOE published
Advanced Energy’s petition in the
Federal Register on July 8, 2019 and
requested public comments. 84 FR
32437.
In response to the notice of petition,
DOE did not receive any comments. In
addition, based on DOE’s review of
Advanced Energy’s certification
program, DOE has tentatively
determined that Advanced Energy meets
the requirements at 10 CFR 431.20–10
CFR 431.21 for electric motors and at 10
CFR 431.447–10 CFR 431.448 for small
electric motors because they (1) have
satisfactory standards and procedures
for conducting and administering a
certification system, (2) are independent
of electric motor and small electric
motor manufacturers, and (3) have
expertise with both the electric motors
and small electric motors test
procedures. Therefore, after reviewing
the materials submitted by Advanced
Energy and comparing them against the
required criteria under the relevant
regulations, DOE finds no specific cause
to reject Advanced Energy’s request for
recognition as a nationally recognized
certification program for electric motors
and small electric motors.
The Department hereby announces its
interim determination pursuant to 10
CFR 431.21(d) and 10 CFR 431.448(d)
that Advanced Energy is classified as a
nationally recognized certification
program for electric motors and small
electric motors and will accept
comments on this interim determination
until January 22, 2020. Any person
submitting written comments to DOE
with respect to the Advanced Energy
Petition must also, at the same time,
send a copy of such comments to
Advanced Energy. As provided under
§§ 431.21(c) and 431.448(c), Advanced
Energy may submit to the Department a
written response to any such comments.
After receiving any such comments and
responses, the Department will issue a
final determination on the Advanced
Energy Petition, in accordance with
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§ 431.21(e), and § 431.448(e) of 10 CFR
part 431.
Signed in Washington, DC, on December 6,
2019.
Alexander N. Fitzsimmons,
Acting Deputy Assistant Secretary for Energy
Efficiency, Energy Efficiency and Renewable
Energy.
[FR Doc. 2019–27630 Filed 12–20–19; 8:45 am]
BILLING CODE 6450–01–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–10003–58-Region 2]
Territory of the U.S. Virgin Islands;
Final Determination of Adequacy of
U.S. Virgin Islands’ Municipal Solid
Waste Landfill Permitting Program
Environmental Protection
Agency (EPA).
ACTION: Notice of final determination of
adequacy of the Territory of the U.S.
Virgin Islands’ municipal solid waste
landfill permit program.
AGENCY:
The Territory of the U.S.
Virgin Islands (USVI) applied for a
Determination of Adequacy of its
Municipal Solid Waste Landfill
(MSWLF) Permit Program under Section
4005 of the Resource Conservation and
Recovery Act (RCRA). The components
of authority and capability were
contained in the USVI’s application and
its revisions. EPA reviewed the USVI’s
application, and revisions thereto,
including its revised solid waste
regulations. After consideration of all
public comments received regarding the
Tentative Determination of Adequacy,
EPA is today issuing a Final
Determination that the U.S. Virgin
Islands’ MSWLF permit program is
adequate to ensure compliance with the
revised MSWLF permit program criteria.
DATES: The Final Determination of
Adequacy of the USVI MSWLF Permit
Program shall be effective immediately
upon publication of this Federal
Register Notice, December 23, 2019.
FOR FURTHER INFORMATION CONTACT:
Kimiko Link, Sustainable Materials
Management Section, Land, Chemicals
and Redevelopment Division,
link.kimiko@epa.gov, 212–637–4182.
SUPPLEMENTARY INFORMATION:
SUMMARY:
A. Background
Section 4005(c)(l)(B) of the Resource,
Conservation and Recovery Act (RCRA)
Subtitle D, as amended by the
Hazardous and Solid Waste
Amendments (HSWA) of 1984, requires
states to develop and implement permit
programs or other systems of prior
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approval to ensure that MSWLFs, which
may receive hazardous household waste
or small quantity generator waste, will
comply with the revised federal MSWLF
regulations codified in 40 CFR part 258.
RCRA section 4005(c)(l)(C) requires
the EPA to determine whether states
have adequate permit programs for
MSWLFs. Pursuant to RCRA, the term
‘‘State’’ includes the Territory of the
U.S. Virgin Islands. Title 40 CFR part
239 specifies the minimum
requirements that state landfill permit
programs must satisfy to be determined
to be adequate by EPA, 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 who 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 each state to meet
all of 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. Also, 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. 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
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independent of any state enforcement
program.
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B. U.S. Virgin Islands
The Territory of the U.S. Virgin
Islands originally applied for a
Determination of Adequacy of its
MSWLF Permit Program 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 met EPA
requirements. 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
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 operations
practices and the development of
appropriate solid waste regulations. In
addition, in 2004, the USVI established
the Waste Management Authority
(WMA) and in recent years has pursued
various efforts to improve its solid waste
management program. The USVI WMA
is the USVI agency charged with
implementing solid waste management,
and it oversees the operation of the
Bovoni landfill on St. Thomas, the
Anguilla landfill on St. Croix, and the
Susanaberg Transfer Station on St. John.
The WMA has a Solid Waste Director as
well as landfill managers for the Bovoni
and Anguilla landfills and the
Susanaberg Transfer Station. 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 revised program
application material to EPA in 2008,
and in 2017 and 2018 submitted
additional information that EPA had
requested. EPA has reviewed all
relevant materials concerning the
USVI’s MSWLF program including
revised solid waste regulations.
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Based on this documentation, EPA
determined that: the USVI solid waste
regulations are in conformance with the
minimum requirements of 40 CFR part
258 criteria; the Department of Planning
and Natural Resources had sufficient
authority and responsibility for
implementing and enforcing solid waste
management regulations, including
establishing a permit program,
maintaining inspection authority and
pursuing enforcement activities; and
that the USVI committed to ensuring
that adequate technical support and
legal personnel would be assigned to
implement its permit program. Hence,
on June 7, 2019, EPA published in the
Federal Register a Tentative
Determination of Adequacy of the USVI
MSWLF Permit Program that concluded
all portions of the USVI MSWLF permit
program were adequate to ensure
compliance with the revised federal
criteria.
C. Public Comment
The public comment period for the
Tentative Determination of Adequacy
commenced with the publication of the
action on June 7, 2019. Although RCRA
does not require EPA to hold a hearing
on any determination to approve a
State/Tribe’s MSWLF program, the
Region held three public hearings in the
Territory on July 23rd in St. Croix, July
24th in St. Thomas, and July 25th in St.
John. The public comment period ended
on August 2, 2019. EPA considered all
public comments received during the
public comment period and the public
hearings in determining whether to
publish in the Federal Register, a Final
Determination of Adequacy of the
USVI’s RCRA Subtitle D MSWLF Permit
Program. Included below is a summary
of responses to all major comments
received at the public hearings and
during the written comment period.
Fifteen comments were received
during the three public hearings on
consecutive days in St. Croix, St.
Thomas and St. John on July 23rd, 24th
and 25th, respectively, and the written
comment period which closed on
August 2, 2019. Most were supportive of
the action. Several commenters
requested clarification on the
authorities, responsibilities and roles
associated with solid waste management
in the USVI. Clarification was also
sought on the implications of approval
or disapproval and how the approval
would increase the USVI’s solid waste
management options while ensuring
human health and environmental
protection. EPA provided responses
including the overview of the statutory
role of the USVI and the federal
government with respect to solid waste
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70523
management and the required
compliance with Part 258 landfill
regulations established to protect
human health and the environment.
Several comments received were related
to the need for the USVI’s solid waste
regulations and future solid waste
management plan to include recycling
and organics management, the results of
the waste characterization study, and
the siting of landfills. EPA’ s response
clarified that the USVI Government is
responsible for its solid waste
management planning, including any
organics diversion programs as well as
the siting of any new landfills. EPA also
indicated that the waste characterization
report funded on behalf of the USVI
would be provided to the USVI
Government and be made available to
the public when finalized.
D. Decision
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,
including an appropriate technical
correction to the solid waste regulations
which has been officially promulgated.
After reviewing the public comments,
I conclude that the USVI’s application
for adequacy determination meets all
the statutory and regulatory
requirements established by RCRA.
Accordingly, the U.S. Territory of Virgin
Islands is granted a determination of
adequacy for all portions of its
municipal solid waste landfill permit
program.
Section 4005(a) of RCRA 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/tribal 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/tribal permit
program approved by EPA at a MSWLF
will adequately reflect the federal
criteria. See 56 FR 50978, 50995
(October 9, 1991).
Today’s action takes effect
immediately with the publication of this
Final Determination of Adequacy of the
USVI MSWLF Permit Program.
EPA believes it has good cause under
section 553(d) of the Administrative
Procedure Act, 5 U.S.C 553(d), to put
this action into effect less than 30 days
after publication in the Federal
Register.
All the requirements and obligations
in the Territory’s program are already in
effect as a matter of USVI law. EPA’s
action today does not impose any new
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Federal Register / Vol. 84, No. 246 / Monday, December 23, 2019 / Notices
requirements that the regulated
community must begin to comply with.
Nor do these requirements become
enforceable by EPA as federal law.
Consequently, EPA finds that it does not
need to give notice prior to making its
approval effective. Authority: This
notice is issued under the authority of
sections 2002, 4005 and 4010(c) of the
Solid Waste Disposal Act as amended;
42 U.S.C. 6912, 6945, 6949a(c).
Dated: November 27, 2019.
Peter D. Lopez,
Regional Administrator, U.S. Environmental
Protection Agency, Region 2.
[FR Doc. 2019–27666 Filed 12–20–19; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
[OMB 3060–0311, OMB 3060–0433, OMB
3060–0863; FRS 16335]
Information Collections Being
Submitted for Review and Approval to
Office of Management and Budget
Federal Communications
Commission.
ACTION: Notice and request for
comments.
AGENCY:
As part of its continuing effort
to reduce paperwork burdens, as
required by the Paperwork Reduction
Act (PRA) of 1995, the Federal
Communications Commission (FCC or
the Commission) invites the general
public and other Federal Agencies to
take this opportunity to comment on the
following information collection.
Pursuant to the Small Business
Paperwork Relief Act of 2002, the FCC
seeks specific comment on how it might
‘‘further reduce the information
collection burden for small business
concerns with fewer than 25
employees.’’ The Commission may not
conduct or sponsor a collection of
information unless it displays a
currently valid Office of Management
and Budget (OMB) control number. No
person shall be subject to any penalty
for failing to comply with a collection
of information subject to the PRA that
does not display a valid OMB control
number.
DATES: Written comments should be
submitted on or before January 22, 2020.
If you anticipate that you will be
submitting comments but find it
difficult to do so with the period of time
allowed by this notice, you should
advise the contacts listed below as soon
as possible.
ADDRESSES: Direct all PRA comments to
Nicholas A. Fraser, OMB, via email
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SUMMARY:
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Nicholas_A._Fraser@OMB.eop.gov; and
to Cathy Williams, FCC, via email PRA@
fcc.gov and to Cathy.Williams@fcc.gov.
Include in the comments the OMB
control number as shown in the
SUPPLEMENTARY INFORMATION below.
FOR FURTHER INFORMATION CONTACT: For
additional information or copies of the
information collection, contact Cathy
Williams at (202) 418–2918. To view a
copy of this information collection
request (ICR) submitted to OMB: (1) Go
to the web page https://www.reginfo.gov/
public/do/PRAMain, (2) look for the
section of the web page called
‘‘Currently Under Review,’’ (3) click on
the downward-pointing arrow in the
‘‘Select Agency’’ box below the
‘‘Currently Under Review’’ heading, (4)
select ‘‘Federal Communications
Commission’’ from the list of agencies
presented in the ‘‘Select Agency’’ box,
(5) click the ‘‘Submit’’ button to the
right of the ‘‘Select Agency’’ box, (6)
when the list of FCC ICRs currently
under review appears, look for the Title
of this ICR and then click on the ICR
Reference Number. A copy of the FCC
submission to OMB will be displayed.
SUPPLEMENTARY INFORMATION: As part of
its continuing effort to reduce
paperwork burdens, as required by the
Paperwork Reduction Act (PRA) of 1995
(44 U.S.C. 3501–3520), the FCC invited
the general public and other Federal
Agencies to take this opportunity to
comment on the following information
collection. Comments are requested
concerning: (a) Whether the proposed
collection of information is necessary
for the proper performance of the
functions of the Commission, including
whether the information shall have
practical utility; (b) the accuracy of the
Commission’s burden estimates; (c)
ways to enhance the quality, utility, and
clarity of the information collected; and
(d) ways to minimize the burden of the
collection of information on the
respondents, including the use of
automated collection techniques or
other forms of information technology.
Pursuant to the Small Business
Paperwork Relief Act of 2002, Public
Law 107–198, see 44 U.S.C. 3506(c)(4),
the FCC seeks specific comment on how
it might ‘‘further reduce the information
collection burden for small business
concerns with fewer than 25
employees.’’
OMB Control Number: 3060–0311.
Title: 47 CFR 76.54, Significantly
Viewed Signals; Method to be followed
for Special Showings.
Form Number: Not applicable.
Type of Review: Extension of a
currently approved collection.
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Respondents: Business or other forprofit entities.
Number of Respondents and
Responses: 500 respondents, 1,274
responses.
Frequency of Response: On occasion
reporting and third-party disclosure
requirements.
Estimated Time per Response: 1–15
hours (average).
Total Annual Burden: 20,610 hours.
Total Annual Cost: $300,000.
Nature of Response: Required to
obtain or retain benefits. The statutory
authority for this information collection
is contained in Section 4(i) and 340 of
the Communications Act of 1934, as
amended.
Nature and Extent of Confidentiality:
There is no need for confidentiality with
this collection of information.
Privacy Impact Assessment: No
impact(s).
Needs and Uses: The information
collection requirements contained in 47
CFR 76.54(b) state significant viewing in
a cable television or satellite community
for signals not shown as significantly
viewed under 47 CFR 76.54(a) or (d)
may be demonstrated by an
independent professional audience
survey of over-the-air television homes
that covers at least two weekly periods
separated by at least thirty days but no
more than one of which shall be a week
between the months of April and
September. If two surveys are taken,
they shall include samples sufficient to
assure that the combined surveys result
in an average figure at least one
standard error above the required
viewing level.
The information collection
requirements contained in 47 CFR
76.54(c) are used to notify interested
parties, including licensees or
permittees of television broadcast
stations, about audience surveys that are
being conducted by an organization to
demonstrate that a particular broadcast
station is eligible for significantly
viewed status under the Commission’s
rules. The notifications provide
interested parties with an opportunity to
review survey methodologies and file
objections.
Lastly, 47 CFR 76.54(e) and (f), are
used to notify television broadcast
stations about the retransmission of
significantly viewed signals by a
satellite carrier into these stations’ local
market.
OMB Control Number: 3060–0433.
Title: Basic Signal Leakage
Performance Report.
Form Number: FCC Form 320.
Type of Review: Extension of a
currently approved collection.
Respondents: Business or other forprofit entities.
E:\FR\FM\23DEN1.SGM
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]]>Agencies
[Federal Register Volume 84, Number 246 (Monday, December 23, 2019)]
[Notices]
[Pages 70522-70524]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27666]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-10003-58-Region 2]
Territory of the U.S. Virgin Islands; Final Determination of
Adequacy of U.S. Virgin Islands' Municipal Solid Waste Landfill
Permitting Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of final determination of adequacy of the Territory of
the U.S. Virgin Islands' municipal solid waste landfill permit program.
-----------------------------------------------------------------------
SUMMARY: The Territory of the U.S. Virgin Islands (USVI) applied for a
Determination of Adequacy of its Municipal Solid Waste Landfill (MSWLF)
Permit Program under Section 4005 of the Resource Conservation and
Recovery Act (RCRA). The components of authority and capability were
contained in the USVI's application and its revisions. EPA reviewed the
USVI's application, and revisions thereto, including its revised solid
waste regulations. After consideration of all public comments received
regarding the Tentative Determination of Adequacy, EPA is today issuing
a Final Determination that the U.S. Virgin Islands' MSWLF permit
program is adequate to ensure compliance with the revised MSWLF permit
program criteria.
DATES: The Final Determination of Adequacy of the USVI MSWLF Permit
Program shall be effective immediately upon publication of this Federal
Register Notice, December 23, 2019.
FOR FURTHER INFORMATION CONTACT: Kimiko Link, Sustainable Materials
Management Section, Land, Chemicals and Redevelopment Division,
[email protected], 212-637-4182.
SUPPLEMENTARY INFORMATION:
A. Background
Section 4005(c)(l)(B) of the Resource, Conservation and Recovery
Act (RCRA) Subtitle D, as amended by the Hazardous and Solid Waste
Amendments (HSWA) 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 regulations
codified in 40 CFR part 258.
RCRA section 4005(c)(l)(C) requires the EPA to determine whether
states have adequate permit programs for MSWLFs. Pursuant to RCRA, the
term ``State'' includes the Territory of the U.S. Virgin Islands. Title
40 CFR part 239 specifies the minimum requirements that state landfill
permit programs must satisfy to be determined to be adequate by EPA,
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 who 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 each state to meet all of 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.
Also, 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. 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
[[Page 70523]]
independent of any state enforcement program.
B. U.S. Virgin Islands
The Territory of the U.S. Virgin Islands originally applied for a
Determination of Adequacy of its MSWLF Permit Program 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 met
EPA requirements. 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 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 operations practices and the development of
appropriate solid waste regulations. In addition, in 2004, the USVI
established the Waste Management Authority (WMA) and in recent years
has pursued various efforts to improve its solid waste management
program. The USVI WMA is the USVI agency charged with implementing
solid waste management, and it oversees the operation of the Bovoni
landfill on St. Thomas, the Anguilla landfill on St. Croix, and the
Susanaberg Transfer Station on St. John. The WMA has a Solid Waste
Director as well as landfill managers for the Bovoni and Anguilla
landfills and the Susanaberg Transfer Station. 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 revised program application material to EPA in
2008, and in 2017 and 2018 submitted additional information that EPA
had requested. EPA has reviewed all relevant materials concerning the
USVI's MSWLF program including revised solid waste regulations.
Based on this documentation, EPA determined that: the USVI solid
waste regulations are in conformance with the minimum requirements of
40 CFR part 258 criteria; the Department of Planning and Natural
Resources had sufficient authority and responsibility for implementing
and enforcing solid waste management regulations, including
establishing a permit program, maintaining inspection authority and
pursuing enforcement activities; and that the USVI committed to
ensuring that adequate technical support and legal personnel would be
assigned to implement its permit program. Hence, on June 7, 2019, EPA
published in the Federal Register a Tentative Determination of Adequacy
of the USVI MSWLF Permit Program that concluded all portions of the
USVI MSWLF permit program were adequate to ensure compliance with the
revised federal criteria.
C. Public Comment
The public comment period for the Tentative Determination of
Adequacy commenced with the publication of the action on June 7, 2019.
Although RCRA does not require EPA to hold a hearing on any
determination to approve a State/Tribe's MSWLF program, the Region held
three public hearings in the Territory on July 23rd in St. Croix, July
24th in St. Thomas, and July 25th in St. John. The public comment
period ended on August 2, 2019. EPA considered all public comments
received during the public comment period and the public hearings in
determining whether to publish in the Federal Register, a Final
Determination of Adequacy of the USVI's RCRA Subtitle D MSWLF Permit
Program. Included below is a summary of responses to all major comments
received at the public hearings and during the written comment period.
Fifteen comments were received during the three public hearings on
consecutive days in St. Croix, St. Thomas and St. John on July 23rd,
24th and 25th, respectively, and the written comment period which
closed on August 2, 2019. Most were supportive of the action. Several
commenters requested clarification on the authorities, responsibilities
and roles associated with solid waste management in the USVI.
Clarification was also sought on the implications of approval or
disapproval and how the approval would increase the USVI's solid waste
management options while ensuring human health and environmental
protection. EPA provided responses including the overview of the
statutory role of the USVI and the federal government with respect to
solid waste management and the required compliance with Part 258
landfill regulations established to protect human health and the
environment. Several comments received were related to the need for the
USVI's solid waste regulations and future solid waste management plan
to include recycling and organics management, the results of the waste
characterization study, and the siting of landfills. EPA' s response
clarified that the USVI Government is responsible for its solid waste
management planning, including any organics diversion programs as well
as the siting of any new landfills. EPA also indicated that the waste
characterization report funded on behalf of the USVI would be provided
to the USVI Government and be made available to the public when
finalized.
D. Decision
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, including an
appropriate technical correction to the solid waste regulations which
has been officially promulgated.
After reviewing the public comments, I conclude that the USVI's
application for adequacy determination meets all the statutory and
regulatory requirements established by RCRA. Accordingly, the U.S.
Territory of Virgin Islands is granted a determination of adequacy for
all portions of its municipal solid waste landfill permit program.
Section 4005(a) of RCRA 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/tribal 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/tribal permit program approved by EPA at a MSWLF will adequately
reflect the federal criteria. See 56 FR 50978, 50995 (October 9, 1991).
Today's action takes effect immediately with the publication of
this Final Determination of Adequacy of the USVI MSWLF Permit Program.
EPA believes it has good cause under section 553(d) of the
Administrative Procedure Act, 5 U.S.C 553(d), to put this action into
effect less than 30 days after publication in the Federal Register.
All the requirements and obligations in the Territory's program are
already in effect as a matter of USVI law. EPA's action today does not
impose any new
[[Page 70524]]
requirements that the regulated community must begin to comply with.
Nor do these requirements become enforceable by EPA as federal law.
Consequently, EPA finds that it does not need to give notice prior to
making its approval effective. Authority: This notice is issued under
the authority of sections 2002, 4005 and 4010(c) of the Solid Waste
Disposal Act as amended; 42 U.S.C. 6912, 6945, 6949a(c).
Dated: November 27, 2019.
Peter D. Lopez,
Regional Administrator, U.S. Environmental Protection Agency, Region 2.
[FR Doc. 2019-27666 Filed 12-20-19; 8:45 am]
BILLING CODE 6560-50-P
