[Federal Register: November 10, 2005 (Volume 70, Number 217)]
[Notices]
[Page 68447]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10no05-121]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-7995-1]
Adequacy of Indiana Municipal Solid Waste Landfill Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of Final Determination of Adequacy.
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SUMMARY: The U.S. Environmental Protection Agency, Region 5 is
approving a modification to Indiana's 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: This final determination is effective November 10, 2005.
FOR FURTHER INFORMATION CONTACT: Susan Mooney, mailcode DW-8J, Waste
Management Branch, U.S. EPA Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, telephone (312) 886-3585,
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. On July 26, 2005, EPA published a proposed
determination of adequacy (70 FR 43105) of Indiana's RD&D permit
requirements. The notice provided a public comment period that ended on
August 25, 2005. EPA received two comments on the proposed adequacy
determination. One comment supported the proposed determination and one
comment expressed concerns.
B. Response to Comment
The adverse commenter urged EPA not to approve Indiana's or any
state's application to modify its approved MSWLF permit program to add
RD&D permit authority, because of a pending legal challenge to the
EPA's rule amending 40 CFR part 258 to allow for RD&D variances
(GrassRoots Recycling Network v. EPA, No. 04-1196 (D.C. Cir.)). EPA
does not agree that the pending legal challenge prevents implementation
of the RD&D rule. The existence of a petition for review does not, by
itself, suspend implementation of the RD&D rule. The commenter also
opposes modification of the state program in order to preserve state
resources. It is the State's, not EPA's, decision to implement the RD&D
rule during the pendency of the legal challenge, and Indiana has
decided to seek approval of its permit program modification even with
the knowledge of the pending case.
In sum, the comment did not address either the substance or
adequacy of Indiana's RD&D permit requirements, or the basis of EPA's
proposed decision to approve those requirements. EPA has concluded that
the comment is not a basis for disapproving Indiana's permit program
modification.
C. Decision
After a thorough review, EPA Region 5 has determined that Indiana's
RD&D permit provisions as defined under 329 IAC 10-11-6.5 are adequate
to ensure compliance with the Federal criteria as defined at 40 CFR
258.4.
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: October 28, 2005.
Bharat Mathur,
Acting Regional Administrator, Region 5.
[FR Doc. 05-22380 Filed 11-9-05; 8:45 am]
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