Territory of the U.S. Virgin Islands; Final Determination of Adequacy of U.S. Virgin Islands' Municipal Solid Waste Landfill Permitting Program

Citation84 FR 70522
Record Number2019-27666
Published date23 December 2019
SectionNotices
CourtEnvironmental Protection Agency
Federal Register, Volume 84 Issue 246 (Monday, December 23, 2019)
[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.
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                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
                

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