[Federal Register Volume 74, Number 83 (Friday, May 1, 2009)]
[Rules and Regulations]
[Pages 20227-20228]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-10063]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 239 and 258
[EPA-R07-RCRA-2008-0849; FRL-8899-7]
Adequacy of Iowa Municipal Solid Waste Landfill Permit Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: This action approves modifications to Iowa's approved
municipal solid waste landfill (MSWLF) program. The approved
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. On March 22, 2004, the EPA issued final
regulations allowing RD&D permits to be issued to certain municipal
solid waste landfills by approved states. This action also approves
modifications 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, and adopting language from the Federal MSWLF criteria. On March
17, 2008, Iowa applied for approval of its RD&D permit provisions and
its updated rules for its MSWLF program. On December 15, 2008, EPA
issued a proposed rule for approving the above modifications, and
public comment on the proposed rule closed on January 14, 2009.
DATES: This rule is effective on May 1, 2009.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number: EPA-R07-RCRA-2008-0849. All documents in the docket are listed
on the www.regulations.gov Web site. Although listed in the index, some
information is not publicly available, i.e., 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 in www.regulations.gov or
in hard copy at the Environmental Protection Agency, Air and Waste
Management Division, 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: Nicole Cruise, EPA Region 7, Air and
Waste Management Division, 901 North 5th Street, Kansas City, Kansas
66101, at (913) 551-7641, or by e-mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On March 22, 2004, the 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. On December 15,
2008, EPA issued a proposed rule to approve the above modifications,
and public comment on the proposed rule closed on January 14, 2009.
II. Comments
EPA received one comment in support of the proposed rulemaking and
four adverse comments. The adverse comments challenged EPA's
certification that the action would not have a significant economic
impact on a substantial number of small entities under the Regulatory
Flexibility Act, and requested that EPA provide a factual basis for the
certification.
The Regulatory Flexibility Act (RFA) generally requires an agency
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 today's rule on small
entities, small entity is defined as: (1) A small business as defined
by the Small Business Administration's (SBA) regulations at 13 CFR
121.201; (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.
After considering the economic impacts of today's proposed rule on
small entities, I certify that this action will not have a significant
impact on a substantial number of small entities. This rule does not
impose any
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requirements or create impacts on small entities. This action will not
in-and-of itself create any new requirements but simply approves
modifications to Iowa's municipal solid waste landfill (MSWLF) program
and its RD&D permit program. Accordingly, it affords no opportunity for
EPA to fashion for small entities less burdensome compliance or
reporting requirements or timetables or exemptions from all or part of
the rule. Therefore, this action will not have a significant economic
impact on a substantial number of small entities.
Additionally, on January 29, 2009, the State of Iowa notified EPA
pursuant to 40 CFR 239.12(c) that Iowa would modify the state's MSWLF
permitting program pursuant to rule modifications of Iowa
Administrative Code 567, Chapter 113. These modifications to the Iowa
rules became effective February 9, 2009.
On April 22, 2009, EPA Region 7 notified the State of Iowa pursuant
to 40 CFR 239.12(e) that EPA Region 7 had determined the February 9,
2009, Iowa rule modifications did not require Iowa to submit a revised
application for state permit program approval. As stated in EPA's
letter to Iowa on April 22, 2009, compared to the requirements for
MSWLF units that were in effect and approved at the time of the August
19, 1997, EPA initial approval of the Iowa MSWLF permit program (62 FR
44127), the 2009 Iowa modifications result only in augmenting the Iowa
permitting program implementation requirements for MSWLF units.
As such, EPA Region 7 in this final rulemaking is approving for
program adequacy the previously identified RD&D permit authority,
financial assurance mechanisms for local governments, financial test
and corporate guarantee as financial assurance mechanisms, location
restrictions for airport safety, and adoption of language from the
Federal MSWLF criteria at 40 CFR part 258; with the exception of rules
that were rescinded under the February 9, 2009, Iowa rule
modifications. Because EPA Region 7 has determined that Iowa is not
required to submit a revised program application for state permit
program approval for the 2009 rule modifications, no further action by
EPA for the Iowa permit program approval is necessary. The Iowa
permitting program and MSWLF rules in effect as of February 9, 2009,
are considered adequate for EPA approval of the Iowa MSWLF permitting
program.
III. Decision
After a thorough review, EPA Region 7 has determined that Iowa's
RD&D permit provisions and its updated rules for its Municipal Solid
Waste Landfill Permit 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.
IV. Statutory and Executive Order Reviews
This action approves 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 13123: Federalism--EO13132 does not apply to
this action because this action will not have federalism implications
(i.e., there are not 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--EO13175 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 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 and 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
sections 2002, 4005 and 4010(c) of the Solid Waste Disposal Act, as
amended, 42 U.S.C. 6912, 6945 and 6949(a).
Dated: April 24, 2009.
William Rice,
Acting Regional Administrator, Region 7.
[FR Doc. E9-10063 Filed 4-30-09; 8:45 am]
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