[Federal Register: March 18, 2009 (Volume 74, Number 51)]
[Notices]
[Page 11540]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18mr09-46]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-8778-4]
Adequacy of Virginia's Municipal Solid Waste Landfill Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of Determination of Adequacy.
-----------------------------------------------------------------------
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 (MSWLF) by approved
states. On September 19, 2008 Virginia submitted an application to U.S.
EPA Region 3 seeking approval of its RD&D requirements. Virginia's RD&D
requirements allow Virginia to issue research, development and
demonstration (RD&D) permits to owners and operators of MSWLF units in
accordance with state law. Subject to public review and comment, this
notice approves Virginia's RD&D permit requirements.
DATES: This determination of RD&D program adequacy for Virginia will
become effective May 18, 2009 unless adverse comments are received on
or before May 18, 2009. If adverse comments are received, the U.S. EPA
will review those comments and publish another FR document responding
to those comments and either affirming or revising the U.S. EPA's
initial decision.
ADDRESSES: Written comments should be sent to Mike Giuranna, Land and
Chemicals Division, Office of Materials Management (Mail Code 3LC40),
U.S. EPA Region 3, 1650 Arch Street, Philadelphia, PA 19103-2029,
telephone: (215) 814-3298. Comments may also be submitted
electronically to giuranna.mike@epa.gov or by facsimile at (215) 814-
3163. You may examine copies of Virginia's application and relevant
portions of Virginia's regulations during normal business hours at U.S.
EPA Region 3.
FOR FURTHER INFORMATION CONTACT: Mike Giuranna, Land and Chemicals
Division, Office of Materials Management (Mail Code 3LC40), U.S. EPA
Region 3, 1650 Arch Street, Philadelphia, PA 19103-2029, telephone:
(215) 814-3298. e-mail giuranna.mike@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 the
issuance of 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 available only in states with EPA approved
MSWLF permit programs that 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 issuing 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.
Virginia's MSWLF permit program was approved by EPA on February 3,
1993 (58 FR 6955), March 31, 1994 (59 FR 15201) and October 7, 2003 (68
FR 57824). On September 19, 2008, Virginia applied for approval of its
RD&D permit provisions which are included in the Virginia
Administrative Code at 9 VAC 20-80-485D.
B. Decision
After a thorough review, U.S. EPA Region 3 determined that
Virginia's RD&D permit provisions at 9 VAC 20-80-485D are adequate to
ensure compliance with the Federal criteria promulgated 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 6949a.
Dated: January 28, 2009.
William T. Wisniewski,
Acting Regional Administrator, Region 3.
[FR Doc. E9-5845 Filed 3-17-09; 8:45 am]
BILLING CODE 6560-50-P