[Federal Register Volume 65, Number 8 (Wednesday, January 12, 2000)]
[Proposed Rules]
[Pages 1842-1843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-615]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 257 and 258

[FRL-6521-3]


Adequacy of State Permit Programs Under RCRA Subtitle D

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: EPA is proposing this action to streamline the approval 
process for specific state permit programs for solid waste disposal 
facilities other than municipal solid waste landfills (MSWLF) that 
receive conditionally exempt small quantity generator (CESQG) hazardous 
waste. States whose Subtitle D MSWLF permit programs or Subtitle C 
hazardous waste management programs have been reviewed and approved or 
authorized by the Agency are eligible for this streamlined approval 
process if their state programs require the disposal of CESQG hazardous 
waste in suitable facilities. EPA is issuing an adequacy determination 
to the state programs for Kansas, Missouri, and Nebraska.
    Elsewhere in the final rule section of today's Federal Register, 
EPA is issuing a direct final rule that sets forth the Agency's 
determination of program adequacy. EPA views this as a noncontroversial 
action that declares that specific state programs for disposal of CESQG 
waste meet all of the statutory and regulatory needs set up under the 
Resource Conservation and Recovery Act (RCRA). Thus, we expect no 
adverse comments. A detailed rationale for this decision is in the 
preamble to the final rule of program adequacy. If no relevant adverse 
comments are received in response to this action, no further Agency 
action is needed. If EPA receives relevant adverse comments, EPA will 
withdraw the direct final rule and discuss the comments in a later 
final rule. This is your only chance to comment. If EPA receives 
relevant adverse comment concerning the adequacy of only certain state 
programs, the Agency's withdrawal of the direct final rule will only 
apply to those state programs. Comments on the inclusion or exclusion 
of one state permit program will not affect the timing of the decision 
on the other state permit programs.

DATES: Comments must be submitted on or before February 11, 2000.

ADDRESSES: Send or hand deliver an original and one copy of your 
comments referencing docket number R7/ARTD/SWPP-00-01 to: Region VII 
Information Resource Center, U.S. Environmental Protection Agency, 901 
N. 5th Street, Kansas City, Kansas 66101. Comments may also be 
submitted electronically through the Internet to: [email protected]. 
Comments in electronic format should also be identified by the docket 
number listed above. All electronic comments must be submitted as an 
ASCII file avoiding the use of special characters and any form of 
encryption.
    You can view and copy documents pertaining to this regulatory 
docket in the Region VII Information Resource Center (Library), located 
on the Plaza Level at the address noted above. The Library is open to 
the public from 9 a.m. to 3 p.m., Monday through Friday, excluding 
federal holidays.

FOR FURTHER INFORMATION CONTACT: For general information, call (913) 
551-7241 or TTY (913) 321-9516. For information on accessing paper and 
electronic copies of documents or supporting materials relating to the 
proposed rule, or for information on specific aspects of this rule, 
contact Wes Bartley, U.S. EPA Region VII, ARTD/SWPP, 901 N. 5th Street, 
Kansas City, Kansas 66101, phone (913) 551-7632, or by e-mail at 
[email protected].

SUPPLEMENTARY INFORMATION: The official record for this action will be 
kept in paper form. Therefore, EPA will transfer all comments received 
electronically into paper form and place them in the official record, 
which will also include all comments submitted directly in writing. The 
official record is the paper record kept at the address in ADDRESSES at 
the beginning of this document.
    EPA responses to comments, whether the comments are written or 
electronic, will be in a document in the Federal Register or in a 
response to comments document placed in the official record for this 
rulemaking. EPA will not immediately reply to commenters electronically 
other than to seek clarification of electronic comments that may be 
garbled in transmission or during conversion to paper form, as 
discussed above.

Background

    As set out in detail in the related direct final rule, EPA has 
decided that specific state permit programs for facilities receiving 
CESQG waste meet the needs for program approval under RCRA section 
4005(c)(1)(C). Today's document applies to the state programs for 
Kansas, Missouri, and Nebraska. Programs developed by these states for 
permitting either hazardous waste facilities or MSWLF have been 
reviewed and approved or authorized by the Agency. The regulatory 
programs are more comprehensive and/or more stringent than the federal 
revised criteria for facilities receiving CESQG hazardous waste. The 
Agency has found that the above states have already submitted the 
documentation that would have been needed for the determination of 
permit program adequacy under RCRA section 4005(c)(1)(C). Further, the 
Agency has found that the technical review conducted for either 
approval or authorization can substitute for the technical review of 
the standards for the federal revised criteria.

Additional Information

    For more information, see the corresponding direct final rule 
published elsewhere in the rule section of this Federal Register. If 
you wish to comment, you should review the more detailed discussion in 
that section of today's Federal Register.

    Authority: This document is issued under the authority of 
sections 2002 and 4005 of the

[[Page 1843]]

Solid Waste Disposal Act as amended, 42 U.S.C. 6912 and 6945.

    Dated: December 29, 1999.
Dennis Grams,
Regional Administrator, Region VII.
[FR Doc. 00-615 Filed 1-11-00; 8:45 am]
BILLING CODE 6560-50-U