[Federal Register Volume 69, Number 175 (Friday, September 10, 2004)]
[Rules and Regulations]
[Pages 54756-54757]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-20503]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 239 and 258

[FRL-7810-9]


Adequacy of Minnesota Municipal Solid Waste Landfill Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate final rule.

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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 by approved States. 
On June 2, 2004, Minnesota submitted an application to the U.S. EPA 
seeking Federal approval of its RD&D requirements. Subject to public 
review and comment, this action approves Minnesota's RD&D permit 
requirements.

DATES: This final determination is effective November 9, 2004, unless 
adverse comments are received on or before October 12, 2004. If adverse 
comments are received a second Federal Register document responding to 
the adverse comments will be subsequently published.

ADDRESSES: Send written comments to Donna Twickler, Waste Management 
Branch (Mail Code: DW-8J), U.S. EPA Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604. Comments may also be submitted 
electronically to [email protected]. See SUPPLEMENTARY INFORMATION 
for file formats for electronic submittals. Documents pertaining to 
this action can be viewed and copied during regular business hours at 
the EPA Region 5 office located at the address noted above.

FOR FURTHER INFORMATION CONTACT: Donna Twickler, mailcode DW-8J, Waste 
Management Branch, U.S. EPA Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, telephone (312) 886-6184, 
[email protected].

SUPPLEMENTARY INFORMATION:

A. Background

    On March 22, 2004, the U.S. EPA issued final regulations allowing 
RD&D permits to be issued at certain municipal solid waste landfills 
(69 FR 13242, March 22, 2004). This new provision may only be 
implemented by an approved State. While States are not required to seek 
approval for this new provision, those States that are interested in 
providing RD&D permits to municipal solid waste landfills 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 
June 2, 2004, Minnesota submitted an amended application for approval 
of its RD&D permit provisions. Minnesota received full approval for all 
other 40 CFR part 258 provisions on August 16, 1993 (58 FR 43350, 
August 16, 1993).

B. Decision

    After a thorough review, U.S. EPA Region 5 determined that 
Minnesota's RD&D provisions as defined under Minnesota Rule 7035.0450 
are adequate to ensure compliance with the Federal criteria as defined 
at 40 CFR 258.4.

C. Electronic Access and Filing

    You may submit comments by sending electronic mail to 
[email protected]. Please submit comments as ASCII files and avoid 
the use of special characters and any form of encryption. Please 
identify this specific action in your comments.

D. Statutory and Executive Order Reviews

    This action approves State solid waste requirements pursuant to 
RCRA Section 4005 and imposes no Federal requirements. Therefore, this 
rule complies with applicable executive orders and statutory provisions 
as

[[Page 54757]]

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 & Safety Risks--This 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--EPA approves State programs so long as the 
State programs meet the criteria delineated in RCRA. 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 RCRA requirements. 
Thus, section 12(d) of 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: August 30, 2004.
Norman Niedergang,
Acting Regional Administrator, Region 5.
[FR Doc. 04-20503 Filed 9-9-04; 8:45 am]
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