[Federal Register Volume 61, Number 189 (Friday, September 27, 1996)]
[Proposed Rules]
[Pages 50787-50788]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24856]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 258, 264, and 265

[FRL-5617-3]
RIN 2050-A77


Financial Assurance Mechanisms Corporate Owners and Operators of 
Municipal Solid Waste Landfill Facilities and Hazardous Waste 
Treatment, Storage, and Disposal Facilities

AGENCY: Environmental Protection Agency.

ACTION: Notice of data availability.

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SUMMARY: EPA is soliciting public comment on a document that the Agency 
relied upon in promulgating a notice of proposed rulemaking on October 
12, 1994. The Agency inadvertently omitted the document from the 
rulemaking docket for part of the public comment period on the 
proposal. The October 12, 1994, proposal relates to financial assurance 
mechanisms for corporate owners and operators of municipal landfill 
facilities and hazardous waste treatment, storage, and disposal 
facilities. Today's notice provides additional time to submit comments 
on the missing document. Today's request for comment is limited to the 
issues addressed by the missing document; it does not solicit comment 
on other aspects of the October 12, 1994, proposal.

DATES: Written comments must be received on or before October 28, 1996.

ADDRESSES: Written comments on the document should be addressed to the 
docket clerk at the following address: U.S. Environmental Protection 
Agency, RCRA Docket (OS-305), 401 M Street SW., Washington, DC 20460. 
Commenters should send one original and two copies and place the docket 
number (F-93-FTMP-FFFFF) in the comments. The docket is open from 9 
a.m. to 4 p.m., Monday through Friday, except for Federal holidays. 
Docket materials may be reviewed by appointment by calling (202) 260-
9327. Copies of docket material may be made at no cost, with a maximum 
of 100 pages of material from any one regulatory docket. Additional 
copies are $0.15 per page.

FOR FURTHER INFORMATION CONTACT: RCRA Hotline at 1-800-424-9346 (in 
Washington, D.C., call (703) 412-9810), or Dale Ruhter (703) 308-8192, 
Office of Solid Waste, U.S. Environmental Protection Agency, 401 M 
Street SW., Washington, DC 20460.

SUPPLEMENTARY INFORMATION: On October 12, 1994 EPA proposed to amend 
the financial assurance regulations under the Resource Conservation and 
Recovery Act by adding two financial assurance mechanisms to those 
currently available to assure closure, post-closure, or corrective 
action costs associated with municipal solid waste landfills under 
subtitle D: (1) A financial test for use by corporate owners and 
operators, and (2) a guarantee for use by firms that wish to guarantee 
the costs for an owner or operator (59 FR 51523).
    In developing the Agency's proposed corporate financial test, the 
Agency considered an alternate financial test developed by the Meridian 
Corporation. The alternative test had been submitted for EPA's 
consideration by the National Solid Waste Management Association 
(NSWMA). As discussed in the October 12, 1994, proposal (59 FR at 
51531), the Agency determined that the alternate financial test was not 
as effective in minimizing public and private costs as the Agency's 
previously proposed financial test (56 FR 30201, July 1, 1991). 
Accordingly, the Agency indicated that it would not conduct further 
analysis of the Meridian Corporation's alternate financial test.
    The October 12, 1994, proposal indicated that the Agency had 
included an analysis of the Meridian Corporation's alternate financial 
test in the rulemaking docket. However, the analysis, Evaluation of the 
Meridian Report on Financial Assurance (October 4, 1989, 14 pages), had 
been inadvertently omitted from the rulemaking docket at the beginning 
of the public comment period. The Agency's analysis was placed in the 
docket on December 1, 1994. The public

[[Page 50788]]

comment period for the proposal ended on December 12, 1994.
    Today's notice provides an additional thirty days to submit 
comments on the Agency's analysis that was missing from the docket. 
Today's request for comment, however, is limited to the issues 
addressed by the Agency's analysis; it does not solicit comment on 
other aspects of the October 12, 1994, proposal.

List of Subjects

40 CFR Part 258

    Environmental protection, Reporting and recordkeeping requirements, 
Waste treatment and disposal.

40 CFR Part 264

    Hazardous waste, Reporting and recordkeeping requirements.

40 CFR Part 265

    Hazardous waste, Reporting and recordkeeping requirements.

    Dated: September 16, 1996.
Elizabeth A. Cotsworth,
Acting Director, Office of Solid Waste.
[FR Doc. 96-24856 Filed 9-26-96; 8:45 am]
BILLING CODE 6560-50-P