[Federal Register: July 26, 2005 (Volume 70, Number 142)]
[Proposed Rules]
[Page 43105-43106]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26jy05-31]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 239 and 258
[FRL-7940-9]
Adequacy of Indiana Municipal Solid Waste Landfill Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) Region 5 is
proposing to approve a modification to Indiana's
[[Page 43106]]
approved municipal solid waste landfill (MSWLF) permit program. The
modification allows the State to issue research, development and
demonstration (RD&D) permits to owners and operators of MSWLF units in
accordance with its state law.
DATES: All Comments on Indiana's application for approval of its
research, development and demonstration permit modification must be
received by U.S. EPA Region 5 by the close of business on August 25,
2005.
ADDRESSES: Written comments should be sent to Susan Mooney, Waste
Management Branch (Mail code: DW-8J), U.S. EPA Region 5, 77 West
Jackson Boulevard, Chicago, IL 60604, telephone: 312/886-3585. Comments
may also be submitted electronically to: mooney.susan@epa.gov or by
facsimile at (312) 353-4788. You may examine copies of the relevant
portions of Indiana's regulations during normal business hours at EPA
Region 5.
FOR FURTHER INFORMATION CONTACT: Susan Mooney, Waste Management Branch
(Mail code: DW-8J), U.S. EPA Region 5, 77 West Jackson Boulevard,
Chicago, IL 60604, telephone: 312/886-3585, email:
mooney.susan@epa.gov.
SUPPLEMENTARY INFORMATION:
A. Background
On March 22, 2004, EPA issued a final rule amending the municipal
solid waste landfill criteria in 40 CFR part 258 to allow for research,
development and demonstration (RD&D) permits. (69 FR 13242). This rule
allows for variances from specified criteria for a limited period of
time, to be implemented through state-issued RD&D permits. RD&D permits
are only available in states with approved MSWLF permit programs which
have been modified to incorporate RD&D permit authority. While States
are not required to seek approval for this new provision, those States
that are interested in providing RD&D permits to owners and operators
of MSWLFs 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.
Indiana's MSWLF permit program was approved on October 8, 1996 (61
FR 52791). On May 11, 2005, Indiana applied for approval of its RD&D
permit provisions. Indiana submitted its rules under 329 IAC 10-11-6.5
for review.
B. Decision
After a thorough review, EPA Region 5 is proposing that Indiana's
RD&D permit provisions as defined under Indiana rule 329 IAC 10-11-6.5
are adequate to ensure compliance with the Federal criteria as defined
at 40 CFR 258.4.
C. Statutory and Executive Order Reviews
This action proposes to approve state solid waste requirements
pursuant to RCRA Section 4005 and imposes no federal requirements.
Therefore, this proposed rule complies with applicable executive orders
and statutory provisions as follows: 1. Executive Order 12866:
Regulatory Planning Review--The Office of Management and Budget has
exempted this proposed action from its review under Executive Order
(EO) 12866; 2. Paperwork Reduction Act--This proposed 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 proposed action on small entities under the
Regulatory Flexibility Act, I certify that this proposed action would
not have a significant economic impact on a substantial number of small
entities; 4. Unfunded Mandates Reform Act--Because this action proposes
to approve 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 proposed action because this proposed 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 proposed 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 proposed 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 proposed 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--This provision directs EPA to use
voluntary consensus standards in its regulatory activities unless to do
so would be inconsistent with applicable law or otherwise impractical.
Voluntary consensus standards are technical standards (e.g., materials
specifications, test methods, sampling procedures, and business
practices) that are developed or adopted by voluntary consensus
standards bodies. This proposed action does not involve technical
standards. Therefore, EPA did not consider the use of any voluntary
consensus standards.
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: July 7, 2005.
Norman Niedergang,
Acting Regional Administrator, U.S. EPA, Region 5.
[FR Doc. 05-14734 Filed 7-25-05; 8:45 am]
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