Currently, EPA has
approved one Tribal
MSWLF permit program
and proposed approval for
a second Tribal program,
using the draft STIR as
guidance. .
For More
Information
Contact, the RCRA Hotline,
Monday-Friday, 8:30;a.m.'to
5:30 p.m., EST. ,..
The national, toll-free
number is (800) 424-9346;
TDD (800) 553-7672
(hearing impaired).
In Washington, D.C.,
the number is
(703)'412-9810, '
TDD (703) 412-3323.
Further details on this rule
and the MSWLF criteria also
are available in the
"Municipal Solid Waste
Landfill Permit Programs: A
Primer For Tribes"
(EPA530-K-94-001)
United States
Environmental Protection
Agency ,
Solid Waste.
and Emergency Response
(5306W)
EPA530-F-95-028
January 1996
State/Tribal
Implementation Rule (STIR)
EPA Proposes Procedwesjvr Approving Tribal Municipal Solid Waste Landfill
Permit Programs ~ "
On October 9, 1991, EPA issued'the
"Solid Waste Disposal Facility
Criteria," which established mini-
mum standards for the construction and
operation of municipal solid waste landfills
(MSWLFs). EPA recently proposed regula-
tions for the review of State/Tribal MSWLF
permit programs. Tribes may seek approval
of Tribal MSWLF permit programs which
will ensure that landfill comply with the
federal criteria. An approved program allows
a Tribe more flexibility to tailor landfill per- i
mit requirements to site-specific conditions.
Under the proposed rule, EPA describes
the procedures for evaluating Tribal permit
programs for solid waste landfills. A Tribe
must submit an application for permit
program approval to the appropriate EPA
Regional Administrator for review. (A more
detailed description of the application com-
ponents and approval process can, be found
on the back.) For a permit program to be
approved, a Tribe must: .
• Be recognized by the Secretary of the
Interior or Congress;
• Exercise substantial governmental func-
tions, such as levying-taxes or asserting
. police power;
• Submit legal certification that the Tribe
has adequate authority to implement the
MSWLF permit program; and
• Demonstrate that the program will ensure
that landfills comply with die standards
for MSWLFs.
Some Tribal permit programs may meet
the procedural and legal requirements but
not all of the technical requirements of the
comprehensive standards for MSWLF. In
such cases, EPA may approve partial pro-
grams. To receive partial program approval, a
Tribal program must meet all of the proce- ,
dural and legal requirements and include a
schedule for completing all necessary changes
to meet full-approval requirements within a
two-year time period. A Tribal program with
partial approval may take advantage of addi-
tional flexibility for those portions of the
program that have been approved.
Under the proposed rule, Tribes have the
following options for regulating MSWLFs
on Tribal lands:
• Develop a permit program and apply for
program approval;
• Develop an agreement with an approved
state for joint\regulation of MSWLFs on
' Tribal lands; and
• Decide not to develop a program.
If a Tribe does not wish to develop a per-
mit program for EPA approval, owners and
operators of MSWLFs on Tribal lands must
comply with the federal standards. Tribes
may still develop and enforce their own envi-
ronmental codes to regulate MSWLFs. The
decision of whether or not to seek permit
program-approval is an individual Tribal
determination based upon a number of fac-
tors, such as whether the flexibility available
to approved programs offers the Tribe any
advantage and whether the Tribe has the
infrastructure and resources to apply for and
administer such a program.
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Approval Process for Trim Applications
Program Application
Components
Transmitted Letter to EPA
Regional Administrator
- Tribal program approval request
- Tribal director signature
- lead Tribal agency designation
Narrative Description of the
Tribal Program
- explain jurisdiction and responsibilities
of all implementing agencies
- describe the lead Tribal agency
- demonstrate that the permit program
includes the technical requirements of
Part 258, compliance monitoring,
enforcement, and public participation
- provide number of MSW landfills
- describe staff resources
Legal Certification
- signature of Tribal Attorney General or
equivalent official, or independent legal
counsel
- certification that laws, regulations and
guidance provide adequate authority to
implement the program
- analysis of the authority to implement
permitting and enforcement provisions
- map or legal description of the Indian
Lands over which the Tribe asserts
jurisdiction
• Copies of Applicable Statutes,
Regulations, and Guidance
• Copies of any relevant
State/Tribal Agreements
Timeframe
Tribe submits
application to
EPA Regional
Administrator (RA)
Within
30
days
RA
determines
whether application
is administratively
complete
RA requests more
information if
incomplete
Tribe submits
information
Within
180
days
RA makes tentative
determination of program
adequacy or inadequacy
(published in Federal Register)
t ; \
/ Possible public \
.' hearing at least '•
'. 45 days after •
hearing notice /
I
RA makes
final determination
of program adequacy
or inadequacy
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