[Federal Register Volume 68, Number 194 (Tuesday, October 7, 2003)]
[Rules and Regulations]
[Pages 57824-57825]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-25398]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 239 and 258

[FRL-7569-4]


Virginia: Approval of Financial Assurance Regulations for the 
Commonwealth's Municipal Solid Waste Landfill Permitting Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate final rule.

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SUMMARY: In Federal Register documents of February 3, 1993 and March 
31, 1994, the Commonwealth of Virginia received Federal determinations 
of partial program adequacy for its Municipal Solid Waste Landfill 
permit program under section 4005 of the Resource Conservation and 
Recovery Act (RCRA). This section requires states to develop and 
implement permit programs that ensure that Municipal Solid Waste 
Landfills (MSWLF) which may receive hazardous household waste or small 
quantity generator waste are obligated to comply

[[Page 57825]]

with the revised Federal MSWLF Criteria. Initially, Virginia submitted 
to EPA for approval relevant regulations that corresponded to all 
sections of 40 CFR part 258 except for Subpart G, Financial Assurance 
Criteria. On November 21, 2001, the Commonwealth of Virginia adopted 
financial assurance regulations for MSWLFs and on January 21, 2003 
submitted these regulations to EPA for approval. Subject to the 
opportunity for public review and comment, this notice approves 
Virginia's financial assurance regulations.

DATES: This approval shall become effective December 8, 2003 unless 
adverse comments are received on or before November 6, 2003.

ADDRESSES: Written comments should be sent to Mike Giuranna, RCRA State 
Programs Branch, Waste & Chemicals Management Division (3WC21), U.S. 
EPA Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103-
2029, telephone: (215) 814-3298. Comments may also be submitted 
electronically through the Internet to: [email protected] 
or by facsimile at (215) 814-3163. You may examine copies of the 
materials submitted by Virginia during normal business hours at EPA, 
Region III or at the offices of the Virginia Department of 
Environmental Quality (VADEQ) at 629 East Main Street, Richmond, 
Virginia 23219, Phone Number (804) 698-4238, attn: John Ely.

FOR FURTHER INFORMATION CONTACT: Mike Giuranna, Mailcode 3WC21, RCRA 
State Programs Branch, U.S. EPA Region III, 1650 Arch Street, 
Philadelphia, PA 19103-2029, Phone Number: (215) 814-3298, e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: In Federal Register notices of February 3, 
1993, (58 FR 6955) and March 31, 1994, (59 FR 15201) EPA determined 
that all portions of Virginia's Municipal Solid Waste Landfill 
permitting program, with the exception of the financial assurance 
portion, were equivalent to EPA's regulations for such programs under 
40 CFR part 258. On January 21, 2003, Virginia submitted its financial 
assurance regulations to EPA for approval. After a thorough review, EPA 
determined that Virginia's financial assurance regulations, as defined 
under 9 VAC 20-70, Commonwealth of Virginia Financial Assurance 
Regulations for Solid Waste Disposal, Transfer and Treatment 
Facilities, are adequate to assure compliance with the Federal criteria 
as defined at 40 CFR part 258, subpart G (Sec. Sec.  258.70 through 
258.74). This determination will give full Federal approval to 
Virginia's Municipal Solid Waste Landfill permitting program.

Statutory and Executive Order Reviews

    This rule only approves State solid waste requirements pursuant to 
RCRA section 4005 and imposes no requirements other than those imposed 
by State law (see SUPPLEMENTARY INFORMATION, above). 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 rule from its review under 
Executive Order 12866.
    2. Paperwork Reduction Act--This rule does not impose an 
information collection burden under the Paperwork Reduction Act.
    3. Regulatory Flexibility Act--After considering the economic 
impacts of today's rule on small entities under the Regulatory 
Flexibility Act, I certify that this rule will not have a significant 
economic impact on a substantial number of small entities.
    4. Unfunded Mandates Reform Act--Because this rule approves pre-
existing requirements 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 Act.
    5. Executive Order 13132: Federalism--Executive Order 13132 does 
not apply to this rule because it will not have federalism implications 
(i.e., substantial direct effects on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government).
    6. Executive Order 13175: Consultation and Coordination with Indian 
Tribal Governments--Executive Order 13175 does not apply to this rule 
because it will not have tribal implications (i.e., 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 & Safety Risks--This rule 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 rule 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--EPA approves State 
programs as long as they meet criteria required by RCRA, so 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 requirements of 
RCRA. Thus, section 12(d) of the National Technology Transfer and 
Advance Act does not apply to this rule.
    10. Congressional Review Act--EPA will submit a report containing 
this rule 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. This action is not a ``major 
rule'' as defined by 5 U.S.C. 804(2). This action will be effective 
December 8, 2003.

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 document 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).

James W. Newsom,
Acting Regional Administrator, Region III.
[FR Doc. 03-25398 Filed 10-6-03; 8:45 am]
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