[Federal Register Volume 70, Number 30 (Tuesday, February 15, 2005)]
[Rules and Regulations]
[Pages 7658-7659]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-2891]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 239 and 258

[FRL-7873-1]


Adequacy of Minnesota Municipal Solid Waste Landfill Program

AGENCY: Environmental Protection Agency (EPA),

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) Region 5 is 
approving a modification to Minnesota's approved municipal solid waste 
landfill (MSWLF) permit 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.

DATES: This final determination is effective February 15, 2005.

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, 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 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.
    Minnesota's MSWLF permit program was approved on August 16, 1993 
(58 FR 43350). On June 2, 2004, Minnesota applied for approval of its 
RD&D permit provisions. On September 10, 2004, EPA published both an 
immediate final rule (69 FR 54756) approving Minnesota's RD&D permit 
requirements, and a parallel proposed rule (69 FR 54756) proposing to 
approve Minnesota's RD&D permit requirements. Both notices provided a 
public comment period that ended on October 12, 2004. The immediate 
final rule would have become effective on Novermber 9, 2004, if no 
adverse comments were received. However, EPA received one adverse 
comment on the immediate final rule. Therefore, on November 3, 2004, 
EPA withdrew the immediate final rule (69 FR 65381, Nov. 12, 2004). 
Today's rule takes final action on the proposed approval of Minnesota's 
program modification for RD&D permit authority. After a thorough 
review, EPA Region 5 has determined that Minnesota's RD&D permit 
provisions as defined under Minnesota Rule 7035.0450 are adequate to 
ensure compliance with the Federal criteria as defined at 40 CFR 258.4.

B. Response to Comment

    The commenter urged EPA not to approve Minnesota's or any state's 
application to modify its approved MSWLF permit program to add RD&D 
permit authority, because of a pending legal challenge to the EPA's 
rule amending 40 CFR part 258 to allow for RD&D variances (GrassRoots 
Recycling Network v. EPA, No. 04-1196 (D.C. Cir.)). EPA does not agree 
that the pending legal challenge prevents implementation of the RD&D 
rule. The existence of a petition for review does not, by itself, 
suspend implementation of the RD&D rule. The commenter also opposes 
modification of the state program in order to preserve state resources. 
It is the State's, not EPA's, decision to implement the RD&D rule 
during the pendency of the legal challenge, and Minnesota has decided 
to seek approval of its permit program modification even with the 
knowledge of the pending case.
    In sum, the comment did not address either the substance or 
adequacy of Minnesota's RD&D permit requirements, or the basis of EPA's 
proposed decision to approve those requirements. EPA has concluded that 
the comment is not a basis for disapproving Minnesota's permit program 
modification.

C. 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 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

[[Page 7659]]

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--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 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 
standards bodies. This action does not involve technical standards. 
Therefore, EPA did not consider the use of any voluntary consensus 
standards. 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: January 26, 2005.
Norman Neidergang,
Acting Regional Administrator, U.S EPA, Region 5.
[FR Doc. 05-2891 Filed 2-14-05; 8:45 am]
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