[Federal Register: October 19, 2007 (Volume 72, Number 202)]
[Notices]
[Page 59288-59289]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19oc07-56]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-R09-RCRA-2007-0369; FRL-8484-9]
Adequacy of California Municipal Solid Waste Landfill Permit
Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of final determination of adequacy.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency Region IX is approving a
modification to California's municipal solid waste landfill (MSWLF)
permit program to allow the State to issue research, development, and
demonstration (RD&D) permits for new and existing MSWLF units and
lateral expansions. The approved modification allows the Director of
the state program to provide a variance from certain MSWLF criteria,
provided that the MSWLF owner/operator demonstrates that compliance
with the RD&D permit will not increase risk to human health and the
environment over a standard MSWLF permit. The Director may provide a
variance from existing requirements of MSWLF criteria for run-on
control systems, liquids restrictions, and final cover.
DATES: This final determination is effective on October 19, 2007.
ADDRESSES: A copy of the Docket, Docket ID No. EPA-R09-RCRA-2007-0369,
including public comments received, is at http:www//regulations.gov.
FOR FURTHER INFORMATION CONTACT: Karen Ueno, Waste Management Division,
WST-7-, Environmental Protection Agency Region IX, 75 Hawthorne Street,
San Francisco, CA 94105; telephone number : (415) 972-3317; fax number:
(415) 947-3530; e-mail address: ueno.karen@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information: Background
On March 22, 2004, EPA issued a final rule amending the municipal
solid waste landfill criteria at 40 CFR 258.4 to allow for RD&D
permits. (69 FR 13242). This rule allows for variances from specified
criteria for a limited period of time. Specifically, the rule allows
the Director of an approved State to issue a time-limited RD&D permit
for a new MSWLF unit, existing MSWLF unit, or lateral expansion, for
which the owner or operator proposes to use innovative and new methods
which vary from either or both of the following: (1) The run-on control
systems at 40 CFR 258.26; and/or (2) the liquids restrictions at 40 CFR
258.28(a), provided that the MSWLF unit has a leachate collection
system designed and constructed to maintain less than a 30-cm depth of
leachate on the liner. The rule also allows the Director of an approved
State to issue a time-limited RD&D permit for which the owner or
operator proposes to use innovative and new methods that vary from the
final cover criteria at 40 CFR 258.60(a)(1) and (2), and (b)(1),
provided that the owner or operator demonstrates that the alternative
cover system will not contaminate groundwater or surface water, or
cause leachate depth on the liner to exceed 30 cm. An RD&D permit
cannot exceed three years and a renewal of an RD&D permit cannot exceed
three years. Although multiple renewals of an RD&D permit can be
issued, the total term for an RD&D permit including renewals cannot
exceed twelve years.
RD&D permits are only available in states with approved MSWLF
permit programs that have been modified to incorporate the RD&D permit
authority. Although a state is not required to seek approval for the
RD&D permit provision,
[[Page 59289]]
a state must obtain EPA approval before it may issue such a permit.
Requirements for state program determination of adequacy and approval
procedures are contained in 40 CFR Part 239.
In 1993, EPA Region IX approved the State of California's MSWLF
permit program pursuant to Subtitle D of the Federal Resource
Conservation and Recovery Act (RCRA). With its application, dated March
28, 2006, and revised on February 21, 2007, the State of California is
seeking EPA approval for a modification to the State's existing MSWLF
permit program to incorporate RD&D permits. On June 19, 2007 (72 FR
33757-33759), EPA Region IX issued a Tentative Determination proposing
to approve the State's modification and providing an opportunity for
public comment. The comment period closed on August 13, 2007. During
the public comment period, EPA received only one comment. The commenter
supported EPA's Tentative Determination and requested that EPA proceed
with final approval. The commenter also provided his opinion of the
environmental benefits that could be realized through the RD&D permit
program.
II. EPA's Action: Final Determination
After completing a thorough review, EPA is approving California's
RD&D permit program modification. California has lawfully promulgated
and fully enacted regulations for the RD&D permit program, and these
regulations are adequate to ensure compliance with the Federal criteria
at 40 CFR 258.4. In conformance with the Federal regulations, and in
addition to California-specific requirements, an owner or operator is
required to maintain less than a 30-cm depth of leachate on liner and
demonstrate that compliance with the RD&D permit will not increase risk
to human heath and the environment over compliance with a standard
MSWLF permit.
Authority: Sections 2002, 4005, and 4010(c) of the Solid Waste
Disposal Act, as amended, 42 U.S.C. 6912, 6945, and 6949(a).
Delegation 8-46. State/Tribal Permit Programs for Municipal Solid
Waste Landfills.
Dated: October 10, 2007.
Wayne Nastri,
Regional Administrator, Region IX.
[FR Doc. E7-20652 Filed 10-18-07; 8:45 am]
BILLING CODE 6560-50-P