[Federal Register Volume 68, Number 199 (Wednesday, October 15, 2003)]
[Rules and Regulations]
[Pages 59333-59335]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-25934]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 258
[RCRA-2002-0034; FRL-7573-6]
RIN 2050-AE91
Municipal Solid Waste Landfill Location Restrictions for Airport
Safety
AGENCY: Environmental Protection Agency (EPA).
ACTION: Technical amendment.
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SUMMARY: EPA is amending the location restriction section in the
Criteria for Municipal Solid Waste Landfills (MSWLFs) under the
Resource Conservation and Recovery Act (RCRA), in order to add a note
providing information about landfill siting requirements enacted in the
Wendell H. Ford Aviation Investment and Reform Act for the 21st Century
(Ford Act). Today's amendment does not change existing criteria under
RCRA with respect to siting MSWLF units.
EFFECTIVE DATE: This technical amendment is effective on October 15,
2003.
ADDRESSES: Copies of the documents relevant to this action (Docket No.
RCRA-2002-0034) are available for public inspection during normal
business hours from 8:30 a.m. to 4:30 p.m., Monday through Friday,
excluding federal holidays, at the RCRA Information Center (RIC),
located at EPA West, Room B-102, 1301 Constitution Avenue, NW.,
Washington, DC.
FOR FURTHER INFORMATION CONTACT: For general information, contact the
RCRA Hotline at 800-424-9346 or TDD 800-553-7672 (hearing impaired). In
the Washington, DC, metropolitan area, call 703-412-9810 or TDD 703-
412-3323 (hearing impaired).
For information on specific aspects of this rule, contact Mary T.
Moorcones, Municipal and Industrial Solid Waste Division of the Office
of Solid Waste (mail code 5306W), U.S. Environmental Protection Agency
Headquarters (EPA, HQ), 1200 Pennsylvania Avenue, NW., Washington, DC
20460; telephone: 540-338-1348; e-mail: [email protected].
Some information about this rule can be accessed via the Internet at:
<http://www.epa.gov/epaoswer/non-hw/muncpl/landfill/airport.htm.
SUPPLEMENTARY INFORMATION:
General Information
A. How Can I Get Copies of This Document and Other Related Information?
1. Docket. EPA has established an official public docket for this
action under Docket ID No. RCRA-2002-0034. The official public docket
consists of the documents specifically referenced in this action, any
public comments received and other information related to this action.
The official public docket is the collection of materials that is
available for public viewing at the RCRA Information Center (RIC),
located at EPA West, Room B-102 1301 Constitution Avenue, NW,
Washington, DC. This Docket Facility is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The Docket
telephone number is 800-424-9346 or TDD 800-553-7672 (hearing
impaired). In the Washington, DC, metropolitan area, call 202-566-0270
or TDD 703-412-3323 (hearing impaired). To review the docket materials
in person, we recommend that the public make an appointment by calling
202-566-0270.
2. Electronic Access. You may access this Federal Register document
electronically through the EPA Internet under the ``Federal Register''
listings at <http://www.epa.gov/fedrgstr/.
An electronic version of the public docket is available through
EPA's electronic public docket and comment system, EPA Dockets. You may
use EPA Dockets at <http://www.epa.gov/edocket/ to access
the index listing of the contents of the official public
[[Page 59334]]
docket, and to access those documents in the public docket that are
available electronically. Although not all docket materials may be
available electronically, you may still access any of the publicly
available docket materials through the docket facility identified above
in Unit I.A. Once in the system, select ``search,'' then key in the
appropriate docket identification number.
B. Acronyms
The full names for the acronyms used in this document are:
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Acronym Definition
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AC.............................. Federal Aviation Administration
Advisory Circular 150/5200-34,
together with its Appendix 1, dated
August 26, 2000.
CFR............................. The United States Code of Federal
Regulations.
EPA............................. The United States Environmental
Protection Agency.
FAA............................. The United States Federal Aviation
Administration.
Ford Act........................ Wendell H. Ford Aviation Investment
and Reform Act for the 21st Century.
MSWLF........................... Municipal Solid Waste Landfill.
RCRA............................ The Resource Conservation and Recovery
Act.
U.S............................. United States.
U.S.C........................... United States Code.
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I. Purpose of Today's Action
EPA is adding a note at the end of 40 CFR 258.10, the location
restriction requirements in the criteria for municipal solid waste
landfills (MSWLFs), to inform the public about landfill siting
requirements enacted in the Wendell H. Ford Aviation Investment and
Reform Act for the 21st Century, Pub. L. 106-181 (Ford Act), enacted on
April 5, 2000. The Ford Act is an aviation statute administered by the
Federal Aviation Administration (FAA). However, section 503 of the Ford
Act includes a provision limiting the ``construction or establishment''
of new municipal solid waste landfills (MSWLFs) after April 5, 2000,
within six miles of certain smaller public airports. Therefore, as a
convenience for owners/operators of MSWLFs and for those wishing to
construct or establish new MSWLFs, EPA is providing a reference to the
Ford Act following the location requirements that apply to MSWLFs under
RCRA.
On July 11, 2002, EPA published a direct final rule (67 FR 45915)
and a parallel proposed rule (67 FR 45948) to incorporate the Ford Act
restrictions into EPA's criteria for MSWLFs under RCRA. Had the rule
gone into effect, it would have added a new paragraph (e) to Sec.
258.10 to incorporate the Ford Act landfill siting restrictions.
However, EPA received several adverse comments on the direct final
rule, therefore the Agency withdrew the rule on October 8, 2002 (67 FR
62647).
One commenter challenged EPA's authority to issue the rule under
RCRA, as well as the adequacy of the record to support incorporation of
the Ford Act requirements in the RCRA criteria. A second commenter also
questioned the validity of data cited by EPA with respect to the
hazards from bird strikes.
After reviewing the comments, EPA has decided not to finalize the
rule as proposed. Instead of adding a new subsection (e) to 40 CFR
258.10, EPA is incorporating information about the Ford Act in a note
following the criteria in 40 CFR 258.10. As a result, the specific
limitations of the Ford Act are not being incorporated into the
criteria for MSWLFs under RCRA and are not enforceable as part of EPA's
MSWLF criteria. The note is for advisory purposes only.
Because section 503 of the Ford Act is directly applicable to any
``person'' constructing or establishing a MSWLF, it does not by its
terms require implementation through regulation. The Ford Act does not
amend Subtitle D of the Resource Conservation and Recovery Act (RCRA),
which EPA administers. Therefore, in light of the comments received,
EPA has reconsidered promulgating a regulation under RCRA that
incorporates the Ford Act requirements. In addition, to the extent that
section 503 the Ford Act is to be interpreted, the Federal Aviation
Administration, not EPA, is the administering agency under the statute.
The FAA has issued guidance interpreting section 503. See FAA AC
No.150/5200-34. For further information, the public should contact the
FAA.
II. Airport Safety Location Restrictions
A. The Ford Act
The Ford Act has been in effect since April 5, 2000. Section 503(b)
amends 49 U.S.C. 44718(d), and states:
(1) No person shall construct or establish a municipal solid waste
landfill (as defined in Sec. 258.2 of title 40, Code of Federal
Regulations, as in effect on the date of enactment of this subsection)
that receives putrescible waste (as defined in Sec. 257.3-8 of such
title) with 6 miles of a public airport that has received grants under
chapter 471 and is primarily served by general aviation aircraft and
regularly scheduled flights of aircraft designed for 60 passengers or
less unless the State aviation agency of the State in which the airport
is located requests that the Administrator of the Federal Aviation
Administration exempt the landfill from the application of this
subsection and the Administrator determines that such exemption would
have no adverse impact on aviation safety.
(2) Limitation on Applicability--Paragraph 1 shall not apply in the
State of Alaska and shall not apply to the construction, establishment,
expansion , or modification of, or to any other activity undertaken
with respect to, a municipal solid waste landfill if the construction
or establishment of the landfill was commenced on or before the date of
enactment of this subsection.
Section 503(c) of the Ford Act establishes civil penalties for
violations of the limitations on siting landfills set forth above in
section 503(b).
As previously stated, these landfill siting restrictions are
directly applicable to any person constructing or establishing a new
landfill as those terms are defined in the statute and interpreted by
the FAA, the agency charged with administering the Ford Act. Therefore,
it is not necessary for EPA to incorporate these provisions into the
MSWLF criteria. Today's amendment to include a reference to section 503
of the Ford Act in a note to 40 CFR 258.10, which is the section of the
criteria that sets forth the location restrictions for airport safety
under RCRA, Subtitle D, is solely for the convenience of the public.
B. Criteria for Landfill Siting Under RCRA
Nothing in this notice amends the requirements of 40 CFR 258.10,
which sets forth location restrictions for MSWLFs to address airport
safety. Section 258.10(a) and (c) contain requirements for new MSWLFs,
existing MSWLFs and lateral expansions of landfills that are located
within 10,000 feet of any airport runway used by turbojet aircraft or
within 5,000 feet of any airport runway used only by piston-type
aircraft. Owners or operators of such landfills are required to (1)
demonstrate that the MSWLFs are designed and operated so as not to
``pose a bird hazard to aircraft; (2) place a copy of the demonstration
in the MSWLF operating record, and (3) notify the State Director that
it has been placed in the operating file. ``State Director'' is defined
as the chief administrative office of the lead state agency responsible
for implementing the state permit program for 40 CFR part 258 regulated
facilities.''
Section 258(b) applies to new MSWLFs and lateral expansions
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proposed to be constructed within a five-mile radius of the end of any
airport runway used by a turbojet or piston-type aircraft. For such
proposed new MSWLFs and lateral expansions, the owner or operator must
notify the affected airport and the FAA.
Section 258.10(d) defines ``airport'' to mean a ``public-use
airport open to the public without prior permission and without
restrictions within the physical capacities of available facilities.''
This subsection also defines ``bird hazard.''
List of Subjects in 40 CFR Part 258
Environmental protection, Reporting and recordkeeping requirements,
Waste treatment and disposal, Water pollution control.
Dated: October 2, 2003.
Thomas Dunne,
Associate Assistant Administrator, Office of Solid Waste and Emergency
Response.
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For the reasons discussed in the preamble, title 40 chapter 1 of the
Code of Federal Regulations, is amended as follows:
PART 258--[AMENDED]
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1. The authority citation for part 258 continues to read as follows:
Authority: 33 U.S.C. 1345(d) and (e); 42 U.S.C. 6902(a), 6907,
6912(a), 6944, 6945(c) and 6949a(c);
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2. Section 258.10 is amended by adding a note to the end of the section
to read as follows:
Sec. 258.10 Airport safety.
* * * * *
Note to Sec. 258.10: A prohibition on locating a new MSWLF near
certain airports was enacted in Section 503 of the Wendell H. Ford
Aviation Investment and Reform Act for the 21st Century (Ford Act),
Pub. L. 106-181 (49 U.S.C. 44718 note). Section 503 prohibits the
``construction or establishment'' of new MSWLFs after April 5, 2000
within six miles of certain smaller public airports. The Federal
Aviation Administration (FAA) administers the Ford Act and has
issued guidance in FAA Advisory Circular 150/5200-34, dated August
26, 2000. For further information, please contact the FAA.
[FR Doc. 03-25934 Filed 10-14-03; 8:45 am]
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