[Federal Register Volume 70, Number 217 (Thursday, November 10, 2005)]
[Notices]
[Page 68447]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-22380]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7995-1]


Adequacy of Indiana Municipal Solid Waste Landfill Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Final Determination of Adequacy.

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SUMMARY: The U.S. Environmental Protection Agency, Region 5 is 
approving a modification to Indiana's approved municipal solid waste 
landfill (MSWLF) permit program. The modification allows the State to 
issue research, development and demonstration (RD&D) permits to owners 
and operators of MSWLF units in accordance with its state law.

DATES: This final determination is effective November 10, 2005.

FOR FURTHER INFORMATION CONTACT: Susan Mooney, mailcode DW-8J, Waste 
Management Branch, U.S. EPA Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, telephone (312) 886-3585, 
[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 only available in states with approved MSWLF permit programs which 
have been modified to incorporate RD&D permit authority. While States 
are not required to seek approval for 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.
    Indiana's MSWLF permit program was approved on October 8, 1996 (61 
FR 52791). On May 11, 2005, Indiana applied for approval of its RD&D 
permit provisions. On July 26, 2005, EPA published a proposed 
determination of adequacy (70 FR 43105) of Indiana's RD&D permit 
requirements. The notice provided a public comment period that ended on 
August 25, 2005. EPA received two comments on the proposed adequacy 
determination. One comment supported the proposed determination and one 
comment expressed concerns.

B. Response to Comment

    The adverse commenter urged EPA not to approve Indiana's or any 
state's application to modify its approved MSWLF permit program to add 
RD&D permit authority, because of a pending legal challenge to the 
EPA's rule amending 40 CFR part 258 to allow for RD&D variances 
(GrassRoots Recycling Network v. EPA, No. 04-1196 (D.C. Cir.)). EPA 
does not agree that the pending legal challenge prevents implementation 
of the RD&D rule. The existence of a petition for review does not, by 
itself, suspend implementation of the RD&D rule. The commenter also 
opposes modification of the state program in order to preserve state 
resources. It is the State's, not EPA's, decision to implement the RD&D 
rule during the pendency of the legal challenge, and Indiana has 
decided to seek approval of its permit program modification even with 
the knowledge of the pending case.
    In sum, the comment did not address either the substance or 
adequacy of Indiana's RD&D permit requirements, or the basis of EPA's 
proposed decision to approve those requirements. EPA has concluded that 
the comment is not a basis for disapproving Indiana's permit program 
modification.

C. Decision

    After a thorough review, EPA Region 5 has determined that Indiana's 
RD&D permit provisions as defined under 329 IAC 10-11-6.5 are adequate 
to ensure compliance with the Federal criteria as defined at 40 CFR 
258.4.

    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: October 28, 2005.
Bharat Mathur,
Acting Regional Administrator, Region 5.
[FR Doc. 05-22380 Filed 11-9-05; 8:45 am]
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