[Federal Register Volume 75, Number 168 (Tuesday, August 31, 2010)]
[Rules and Regulations]
[Pages 53220-53222]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-21117]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 239 and 258
[EPA-R01-RCRA-2010-0676; FRL-9193-1]
Adequacy of New Hampshire 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 New Hampshire'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 in
accordance with its State law. On March 22, 2004, 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 28, 2010 New Hampshire submitted an
application to EPA Region 1 seeking Federal approval of its RD&D
requirements. After thorough review EPA Region 1 is determining that
New Hampshire's RD&D permit requirements are adequate through this
direct final action.
DATES: This determination of RD&D program adequacy for New Hampshire
will become effective November 29, 2010 without further notice unless
EPA
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receives adverse comments on or before November 1, 2010. If adverse
comments are received, EPA will review the comments and publish another
Federal Register document responding to the comments and either
affirming or revising the initial decision.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
RCRA-2010-0676, by one of the following methods:
http://www.regulations.gov: Follow the online instructions
for submitting comments.
E-mail: [email protected].
Fax: (617) 918-0646, to the attention of Juiyu Hsieh.
Mail: Juiyu Hsieh, RCRA Waste Management Section, Office
of Site Remediation and Restoration (OSRR 07-01), EPA New England--
Region 1, 5 Post Office Square, Suite 100, Boston, MA 02109-3912.
Hand Delivery or Courier: Deliver your comments to Juiyu
Hsieh, RCRA Waste Management Section, Office of Site Remediation and
Restoration (OSRR 07-01), EPA New England--Region 1, 5 Post Office
Square, 7th floor, Boston, MA 02109-3912. Such deliveries are only
accepted during the Office's normal hours of operation.
Instructions: Identify your comments as relating to Docket ID No.
EPA-R01-RCRA-2010-0676. 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 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://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. For additional information about EPA's public
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
Docket: EPA has established a docket for this action under Docket
ID No. EPA-R01-RCRA-2010-0676. All documents in the docket are listed
on the http://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://www.regulations.gov or in hard copy at the EPA Region 1
Library, 5 Post Office Square, 1st floor, Boston, MA 02109-3912; by
appointment only; tel: (617) 918-1990.
FOR FURTHER INFORMATION CONTACT: Juiyu Hsieh, Remediation and
Restoration II Branch (Mail Code OSRR07-1), U.S. EPA Region 1, 5 Post
Office Square, Suite 100, Boston, MA 02109, telephone: (617) 918-1646,
[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 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.
New Hampshire's MSWLF permit program was approved on February 14,
1995 (60 FR 8384). On June 28, 2010, New Hampshire applied for approval
of its RD&D permit provisions which are included in the New Hampshire
amended regulations under Solid Waste Rule ENV-Sw 806.05.
B. Decision
After a thorough review, EPA is determining that the New Hampshire
RD&D permit provisions as set out in Solid Waste Rule ENV-Sw 806.05 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.
C. 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: Regulatory Planning Review--The Office of
Management and Budget has exempted this action from its review under
Executive Order 12866;
2. Paperwork Reduction Act: This action does not impose an
information collection burden under the Paperwork Reduction Act;
3. Regulatory Flexibility Act: Since this action will not add any
requirements not already imposed 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: Because this action approves pre-
existing requirement under State law and does not impose any additional
enforceable duty beyond that required by State law, it does not contain
any unfunded mandate or significantly or uniquely affect small
governments, as described in the Unfunded Mandates Reform Act;
5. Executive Order 13132: Federalism--Executive Order 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--Executive Order 13175 does not apply to this
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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 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 because it is not a significant regulatory action as
defined in Executive Order 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., material 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 adequately meet the criteria set out 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
the 40 CFR part 258 criteria. 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 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 16, 2010.
Ira W. Leighton,
Acting Regional Administrator, EPA New England, Region 1.
[FR Doc. 2010-21117 Filed 8-30-10; 8:45 am]
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