[Federal Register: December 15, 2008 (Volume 73, Number 241)]
[Proposed Rules]
[Page 75986-75988]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15de08-22]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 239 and 258
[EPA-R07-RCRA-2008-0849; FRL-8751-9]
Adequacy of Iowa Municipal Solid Waste Landfill Permit Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The EPA is proposing to approve a modification to Iowa's
approved municipal solid waste landfill (MSWLF) 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. The Region is also proposing to approve
updates to Iowa's approved MSWLF program for adding financial assurance
mechanisms for local governments, adding the financial test and
corporate guarantee to financial assurance mechanisms, adding a
technical amendment to solid waste location restrictions for airport
safety,
[[Page 75987]]
and adopting language from the Federal MSWLF criteria at 40 CFR part
258.
DATES: Comments on this proposed action must be received in writing by
January 14, 2009.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2008-0849, by one of the following methods:
1. www.regulations.gov: Follow the online instructions for
submitting comments.
2. E-mail: mclaughlin.chilton@epa.gov.
3. Mail or Hand Delivery or Courier: Chilton McLaughlin,
Environmental Protection Agency, Solid Waste/Pollution Prevention
Branch, 901 North 5th Street, Kansas City, Kansas 66101.
Instructions: Direct your comments to Docket ID No. EPA-R07-OAR-
2008-0849. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or e-mail.
The www.regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through www.regulations.gov,
your e-mail address will be automatically captured and included as part
of the comment that is placed in the public docket and made available
on the Internet. If you submit an electronic comment, EPA recommends
that you include your name and other contact information in the body of
your comment and with any disk or CD-ROM you submit. If EPA cannot read
your comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the Environmental Protection
Agency, Solid Waste/Pollution Prevention Branch, 901 North 5th Street,
Kansas City, Kansas 66101. EPA requests that you contact the person
listed in the FOR FURTHER INFORMATION CONTACT section to schedule your
inspection. The interested persons wanting to examine these documents
should make an appointment with the office at least 24 hours in
advance.
FOR FURTHER INFORMATION CONTACT: Chilton McLaughlin at (913) 551-7666,
or by e-mail at mclaughlin.chilton@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 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. Also,
EPA issued a final rule on November 27, 1996, for financial assurance
mechanisms for local governments (61 FR 60328 at 60337); a final rule
on April 10, 1998, adding the financial test and corporate guarantee to
financial assurance mechanisms (63 FR 17706 at 17729); and a final rule
on October 15, 2003, providing a technical amendment to solid waste
location restrictions for airport safety (68 FR 59335). The Federal
MSWLF criteria are codified at 40 CFR part 258. Approval procedures for
provisions of 40 CFR part 258 are outlined in 40 CFR 239.12.
Iowa's MSWLF permit program was approved on August 19, 1997 (62 FR
44127). On March 17, 2008, Iowa applied for approval of its RD&D permit
provisions and its updated rules for its MSWLF program.
B. Decision
After a thorough review, EPA is proposing that Iowa's RD&D permit
provisions and its updated rules for its MSWLF program, as defined
under Iowa Administrative Code (IAC) 567, Chapter 113, ``Sanitary
Landfills for Municipal Solid Waste: Groundwater Protection Systems for
the Disposal of Non-Hazardous Wastes,'' effective December 10, 2007,
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 Resource Conservation and Recovery Act (RCRA) Section 4005
and imposes no Federal requirements. Therefore, this 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 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
[[Page 75988]]
and 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 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 impracticable. 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. EPA approves state programs so
long as the State programs meet the criteria delineated in 40 CFR part
258. 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 40
CFR part 258 requirements. Thus, 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: December 3, 2008.
John B. Askew,
Regional Administrator, Region 7.
[FR Doc. E8-29642 Filed 12-12-08; 8:45 am]
BILLING CODE 6560-50-P