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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