[Federal Register Volume 76, Number 2 (Tuesday, January 4, 2011)]
[Rules and Regulations]
[Pages 270-272]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-33196]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 239 and 258
[EPA-R10-RCRA-2010-0953; FRL-9247-6]
Alaska: Adequacy of Alaska Municipal Solid Waste Landfill Permit
Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: This action approves a modification to Alaska's approved
Municipal Solid Waste Landfill (MSWLF) permit program. The approved
modification allows the State to issue Research, Development, and
Demonstration (RD&D) permits to owners and operators of MSWLFs in
accordance with its State law. On March 22, 2004, EPA issued final
regulations allowing RD&D permits to be issued to certain MSWLFs by
approved States. On September 7, 2010, the State of Alaska submitted an
application to EPA Region 10 seeking Federal approval of its RD&D
requirements. After thorough review, EPA Region 10 has determined that
Alaska's RD&D permit requirements are adequate through this direct
final action.
DATES: This direct final rule will become effective March 7, 2011
without further notice unless EPA receives adverse comments on or
before February 3, 2011. If adverse comments are received, EPA will
publish a timely withdrawal of this direct final rule in the Federal
Register informing the public that the rule will not take effect. EPA
will then review the comments and then will publish a final rule in the
Federal Register responding to the comments and affirming or revising
its initial decision.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
RCRA-2010-0953, by one of the following methods:
http:[sol][sol]www.regulations.gov: Follow the on-line
instructions for submitting comments.
E-mail: [email protected].
Fax: (206) 553-8509, to the attention of Domenic Calabro.
Mail: Domenic Calabro, Office of Air, Waste and Toxics,
U.S. EPA, Region 10, 1200 Sixth Avenue, Suite 900, Mailstop: AWT-122,
Seattle, WA 98101.
Hand Delivery or Courier: Deliver your comments to Domenic
Calabro, Office of Air, Waste and Toxics, U.S. EPA, Region 10, 1200
Sixth Avenue, Suite 900, Mailstop: AWT-122, Seattle, WA 98101. Such
deliveries are only accepted during the Office's normal hours of
operation.
Instructions: Identify your comments as relating to Docket ID No.
EPA-R10-RCRA-2010-0953. EPA's policy is that all comments received will
be included in the public docket without change and may be made
available online at http:[sol][sol]www.regulations.gov, including any
personal information provided, unless the comment includes information
claimed to be Confidential Business Information (CBI) or claimed to be
other information whose disclosure is restricted by statute. Do not
submit information that you consider to be CBI or otherwise protected
through http:[sol][sol]www.regulations.gov or e-mail. The
http:[sol][sol]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
http:[sol][sol]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
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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. For additional information about EPA's public
docket visit the EPA Docket Center homepage at
http:[sol][sol]www.epa.gov/epahome/dockets.htm.
Docket: EPA has established a docket for this action under Docket
ID No. EPA-R10-RCRA-2010-0953. All documents in the docket are listed
on the http:[sol][sol]www.regulations.gov Web site. Although it may be
listed in the index, some information might not be publicly available,
e.g., CBI or other information whose disclosure is restricted by
statute. Certain other material, such as copyrighted material, is not
placed on the Internet and will be publicly available only in hard copy
form. Publicly available docket materials are available either
electronically through http:[sol][sol]www.regulations.gov or in hard
copy at the U.S. Region 10 Library, 1200 Sixth Avenue, Seattle, WA
98101 by appointment only; telephone: (206) 553-1289.
FOR FURTHER INFORMATION CONTACT: Domenic Calabro, Office of Air, Waste
and Toxics, U.S. EPA, Region 10, 1200 Sixth Avenue, Suite 900,
Mailstop: AWT-122, Seattle, WA 98101, telephone: (206) 553-6640,
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On March 22, 2004, EPA issued a final rule (69 FR 13242) amending
the Municipal Solid Waste Landfill (MSWLF) criteria in 40 CFR part 258
to allow for Research, Development and Demonstration (RD&D) permits (69
FR 13242). That 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 approved MSWLF
permit programs that have been modified to incorporate RD&D permit
authority. While States are not required to seek approval to allow
permits under 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.
On March 15, 2000, EPA published a final rule (65 FR 453) approving
the State of Alaska's MSWLF permit program. On September 7, 2010,
Alaska applied for approval of its RD&D permit provisions which are
included as part of a broader revision package and is codified as 18
AAC 60.213. The final package was adopted by the ADEC, signed and
officially filed by the Lt. Governor, and took effect on September 5,
2010.
II. Decision
After a thorough review of Alaska's revision package, EPA has
determined that the Alaska Research, Development and Demonstration
(RD&D) permit provisions as set out in 18 AAC 60.213 are adequate to
comply with the Federal criteria as set out in 40 CFR 258.4. The State
regulations regarding RD&D permits incorporate by reference all of the
requirements of 40 CFR 258.4, while specifying particular requirements
which are either equivalent to or more stringent than the requirements
of 40 CFR 258.4.
III. Statutory and Executive Order Reviews
This action approves State solid waste requirements pursuant to
Resource Conversation 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
This action is not a ``significant regulatory action'' under the
terms of Executive Order (EO) 12866 (58 FR 51735, October 4, 1993) and
is therefore not subject to review under the EO.
2. Paperwork Reduction Act
This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
Burden is defined at 5 CFR 1320.3(b). This direct final rule does not
establish or modify any information or recordkeeping requirements for
the regulated community. EPA has determined that it is not subject to
the provisions of the Paperwork Reduction Act.
3. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA), as amended by the Small
Business Regulatory Enforcement Fairness Act (SBREFA), 5 U.S.C. 601 et
seq., generally requires Federal agencies to prepare a regulatory
flexibility analysis of any rule subject to notice and comment
rulemaking requirements under the Administrative Procedure Act or any
other statute unless the agency certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
Small entities include small businesses, small organizations, and small
governmental jurisdictions. For purposes of assessing the impacts of
this direct final rule on small entities, small entity is defined as:
(1) A small business, as codified in the Small Business Size
Regulations at 13 CFR part 121; (2) a small governmental jurisdiction
that is a government of a city, county, town, school district or
special district with a population of less than 50,000; and (3) a small
organization that is any not-for-profit enterprise which is
independently owned and operated and is not dominant in its field. EPA
has determined that this direct final action will not have a
significant impact on small entities because the action will only have
the effect of modifying pre-existing authorized requirements under
State law. I certify that this action will not have a significant
economic impact on a substantial number of small entities.
4. Unfunded Mandates Reform Act
This action contains no Federal mandates under the provisions of
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C.
1531-1538 for State, local, or Tribal governments or the private
sector. This action imposes no new enforceable duty on any State, local
or Tribal governments or the private sector. This action contains no
regulatory requirements that might significantly or uniquely affect
small government entities. Thus, EPA has determined that the
requirements of section 203 of the UMRA do not apply to this action.
5. Executive Order 13132: Federalism
This action addresses a modification to Alaska's approved MSWLF
permit program, which has been modified by State law to incorporate
RD&D permitting authority. There are no substantial direct effects on
the States, on the relationship between Federal and State governments,
or on the distribution of power between among the various levels of
government, as specified in Executive Order 13132. Therefore, Executive
Order 13132 does not apply to this action.
6. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have Tribal implications, as specified in
Executive Order 13175. This action addresses a modification to Alaska's
approved
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MSWLF permit program, which has been modified by State law to
incorporate RD&D permitting authority. Thus, EPA has determined that
Executive Order 13175 does not apply to this rule.
7. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
This action is not subject to Executive Order 13045 because it is
not economically significant and it 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 Executive Order 13211 (66 FR 28355,
May 22, 2001), because it is not a ``significant regulatory action'' as
defined under Executive Order 12866.
9. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, section 12(d) (15 U.S.C.
272) directs EPA to use voluntary consensus standards bodies 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 bodies. The NTTAA directs EPA to provide
Congress, through the OMB, explanations when the Agency decides not to
use available and applicable voluntary consensus standards. EPA has
determined that this action does not involve ``technical standards'' as
defined by the NTTAA. Therefore EPA is not considering the use of any
voluntary consensus standards.
10. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order (EO) 12898 (59 FR 7629 (Feb. 16, 1994)) establishes
Federal executive policy on environmental justice. Its main provision
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
EPA has determined that this action will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment. This action addresses a modification to Alaska's approved
MSWLF permit program, which has been modified by State law to
incorporate RD&D permitting authority. EPA has determined that the
action is not subject to Executive Order 12898.
11. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as amended by
the Small Business Regulatory Enforcement Fairness Act of 1996,
generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. EPA will submit a report containing this
document and other required information 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. A major rule
cannot take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2). This action will be effective March 7, 2011.
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 22, 2010.
Dennis J. McLerran,
Regional Administrator, EPA Region 10.
[FR Doc. 2010-33196 Filed 1-3-11; 8:45 am]
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