[Federal Register: September 10, 2004 (Volume 69, Number 175)]
[Rules and Regulations]
[Page 54756-54757]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10se04-6]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 239 and 258
[FRL-7810-9]
Adequacy of Minnesota Municipal Solid Waste Landfill Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Immediate final rule.
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SUMMARY: On March 22, 2004, the U.S. EPA issued final regulations
allowing research, development, and demonstration (RD&D) permits to be
issued to certain municipal solid waste landfills by approved States.
On June 2, 2004, Minnesota submitted an application to the U.S. EPA
seeking Federal approval of its RD&D requirements. Subject to public
review and comment, this action approves Minnesota's RD&D permit
requirements.
DATES: This final determination is effective November 9, 2004, unless
adverse comments are received on or before October 12, 2004. If adverse
comments are received a second Federal Register document responding to
the adverse comments will be subsequently published.
ADDRESSES: Send written comments to Donna Twickler, Waste Management
Branch (Mail Code: DW-8J), U.S. EPA Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604. Comments may also be submitted
electronically to twickler.donna@epa.gov. See SUPPLEMENTARY INFORMATION
for file formats for electronic submittals. Documents pertaining to
this action can be viewed and copied during regular business hours at
the EPA Region 5 office located at the address noted above.
FOR FURTHER INFORMATION CONTACT: Donna Twickler, mailcode DW-8J, Waste
Management Branch, U.S. EPA Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, telephone (312) 886-6184,
twickler.donna@epa.gov.
SUPPLEMENTARY INFORMATION:
A. Background
On March 22, 2004, the U.S. EPA issued final regulations allowing
RD&D permits to be issued at certain municipal solid waste landfills
(69 FR 13242, March 22, 2004). This new provision may only be
implemented by an approved State. While States are not required to seek
approval for this new provision, those States that are interested in
providing RD&D permits to municipal solid waste landfills must seek
approval from EPA before issuing such permits. Approval procedures for
new provisions of 40 CFR part 258 are outlined in 40 CFR 239.12. On
June 2, 2004, Minnesota submitted an amended application for approval
of its RD&D permit provisions. Minnesota received full approval for all
other 40 CFR part 258 provisions on August 16, 1993 (58 FR 43350,
August 16, 1993).
B. Decision
After a thorough review, U.S. EPA Region 5 determined that
Minnesota's RD&D provisions as defined under Minnesota Rule 7035.0450
are adequate to ensure compliance with the Federal criteria as defined
at 40 CFR 258.4.
C. Electronic Access and Filing
You may submit comments by sending electronic mail to
twickler.donna@epa.gov. Please submit comments as ASCII files and avoid
the use of special characters and any form of encryption. Please
identify this specific action in your comments.
D. Statutory and Executive Order Reviews
This action approves State solid waste requirements pursuant to
RCRA Section 4005 and imposes no Federal requirements. Therefore, this
rule complies with applicable executive orders and statutory provisions
as
[[Page 54757]]
follows: 1. Executive Order 12866: Regulatory Planning Review--The
Office of Management and Budget has exempted this action from its
review under Executive Order (EO) 12866; 2. Paperwork Reduction Act--
This action does not impose an information collection burden under the
Paperwork Reduction Act; 3. Regulatory Flexibility Act--After
considering the economic impacts of today's action on small entities
under the Regulatory Flexibility Act, I certify that this action will
not have a significant economic impact on a substantial number of small
entities; 4. Unfunded Mandates Reform Act--Because this action approves
pre-existing requirements under State law and does not impose any
additional enforceable duty beyond that required by State law, this
action does not contain any unfunded mandate, or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Act; 5. Executive Order 13132: Federalism--EO 13132 does not
apply to this action because this action will not have federalism
implications (i.e., there are no substantial direct effects on States,
on the relationship between the national government and States, or on
the distribution of power and responsibilities between Federal and
State governments); 6. Executive Order 13175: Consultation and
Coordination with Indian Tribal Governments--EO 13175 does not apply to
this action because it will not have tribal implications (i.e., there
are no substantial direct effects on one or more Indian tribes, on the
relationship between the Federal government and Indian tribes, or on
the distribution of power and responsibilities between the Federal
government and Indian tribes); 7. Executive Order 13045: Protection of
Children from Environmental Health & Safety Risks--This action is not
subject to EO 13045 because it is not economically significant and is
not based on health or safety risks; 8. Executive Order 13211: Actions
that Significantly Affect Energy Supply, Distribution, or Use--This
action is not subject to EO 13211 because it is not a significant
regulatory action as defined in EO 12866; 9. National Technology
Transfer Advancement Act--EPA approves State programs so long as the
State programs meet the criteria delineated in RCRA. It would be
inconsistent with applicable law for EPA, in its review of a State
program, to require the use of any particular voluntary consensus
standard in place of another standard that meets RCRA requirements.
Thus, section 12(d) of the National Technology Transfer and Advancement
Act does not apply to this action; 10. Congressional Review Act--EPA
will submit a report containing this action and other information
required by the Congressional Review Act (5 U.S.C. 801 et seq.) to the
U.S. Senate, the U.S. House of Representatives, and the Comptroller
General of the United States prior to publication in the Federal
Register.
List of Subjects
40 CFR Part 239
Environmental protection, Administrative practice and procedure,
Intergovernmental relations, Waste treatment and disposal.
40 CFR Part 258
Reporting and recordkeeping requirements, Waste treatment disposal,
Water pollution control.
Authority: This action is issued under the authority of section
2002, 4005 and 4010(c) of the Solid Waste Disposal Act, as amended,
42 U.S.C. 6912, 6945 and 6949(a).
Dated: August 30, 2004.
Norman Niedergang,
Acting Regional Administrator, Region 5.
[FR Doc. 04-20503 Filed 9-9-04; 8:45 am]
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