[Federal Register Volume 74, Number 171 (Friday, September 4, 2009)]
[Rules and Regulations]
[Pages 45769-45770]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-21403]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 239 and 258
[EPA-R07-RCRA-2009-0646; FRL-8953-3]
Adequacy of Kansas Municipal Solid Waste Landfill Permit Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: This action approves Kansas' Research, Development and
Demonstration (RD&D) permit program and updates to the approved
Municipal Solid Waste Landfill Permit (MSWLP) program. 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.
On December 11, 2008, Kansas submitted an application to the EPA
seeking Federal approval of its RD&D requirements and to update Federal
approval of its MSWLP program.
DATES: This direct final determination is effective November 3, 2009,
without further notice unless EPA receives adverse comments by October
5, 2009. If adverse comments are received, EPA will publish a timely
response or withdrawal of the direct final rule in the Federal Register
informing the public that the rule will or will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
RCRA-2009-0646, by one of the following methods:
1. http://www.regulations.gov: Follow the online instructions for
submitting comments.
2. E-mail: [email protected].
3. Mail: Send written comments to Nicole Cruise, EPA Region 7,
Solid Waste/Pollution Prevention Branch, 901 North 5th Street, Kansas
City, Kansas 66101.
4. Hand Delivery or Courier: Deliver your comments to Nicole
Cruise, EPA Region 7, Solid waste/Pollution Prevention Branch, 901
North 5th Street, Kansas City, Kansas 66101.
Instructions: Direct your comments to Docket ID No. EPA-R07-RCRA-
2009-0646. 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://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://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://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
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.
Docket: All documents in the electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index, some
information is not 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. Publicly available docket
materials are available either electronically in http://www.regulations.gov or in hard copy at the Environmental Protection
Agency, Solid Waste/Pollution Prevention Branch, 901 North 5th Street,
Kansas City, Kansas 66101. The Regional Office's official hours of
business are Monday through Friday, 8 to 4:30, excluding Federal
holidays. The interested persons wanting to examine these documents
should make at appointment with the office at least 24 hours in
advance.
FOR FURTHER INFORMATION CONTACT: Nicole Cruise at (913) 551-7641, or by
e-mail at [email protected].
SUPPLEMENTARY INFORMATION:
A. Background
On March 22, 2004, the EPA issued final regulations allowing RD&D
permits to be issued at certain municipal solid waste landfills (69 FR
13242). 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. Kansas received final approval for 40 CFR part
258 provisions on June 24, 1996 (61 FR 32434). This request
incorporates the November 27, 1996, final rule (61 FR 60328) for
financial assurance mechanisms for local governments; the July 29,
1997, final rule (62 FR 40708) for revisions to criteria for small
municipal solid waste landfills; and the April 10, 1998, final rule (63
FR 17706) for financial test and corporate guarantee to financial
assurance mechanisms. Approval procedures for new provisions of 40 CFR
part 258 are outlined in 40 CFR 239.12. On December 11, 2008, Kansas
submitted an application for approval of its RD&D permit provisions and
update of the approved MSWLP program.
B. Decision
After a thorough review, EPA determined that Kansas' RD&D permit
provisions and its updated rules for its Municipal Solid Waste Landfill
Permit Program, as defined under Kansas Statutes Annotated (KSA)
Chapter 65--Public Health, Article 34--Solid Waste, Kansas
Administrative Regulations (KAR), Agency 28--Kansas Department of
Health and Environment, Article 29--Solid Waste Management are adequate
to ensure compliance with the Federal criteria as defined at 40 CFR
258.4.
C. 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;
[[Page 45770]]
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 and 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 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
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: August 27, 2009.
William W. Rice,
Acting Regional Administrator, Region 7.
[FR Doc. E9-21403 Filed 9-3-09; 8:45 am]
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