[Federal Register Volume 71, Number 168 (Wednesday, August 30, 2006)]
[Notices]
[Pages 51614-51615]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-14453]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8215-1]


Adequacy of Michigan's Municipal Solid Waste Landfill Program

AGENCY: Environmental Protection Agency (EPA).

[[Page 51615]]


ACTION: Notice of Determination of Adequacy of Michigan's Research, 
Development, and Demonstration (RD&D) Permit Provisions for Municipal 
Solid Waste Landfills.

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SUMMARY: On March 22, 2004, the U.S. EPA issued final regulations 
allowing research, development, and demonstration (RD&D) permits to be 
issued to certain municipal solid waste landfills by approved states 
(40 CFR 258.4). On May 26, 2006 Michigan submitted an application to 
the U.S. EPA Region 5 seeking Federal approval of its RD&D requirements 
per the procedures in 40 CFR 239.12. Michigan's RD&D requirements allow 
the State to issue research, development and demonstration (RD&D) 
permits to owners and operators of MSWLF units in accordance with state 
law. Subject to public review and comment, this notice approves 
Michigan's RD&D permit requirements.

DATES: This determination of RD&D program adequacy for Michigan will 
become effective October 30, 2006 unless adverse comments are received 
on or before October 30, 2006. If adverse comments are received, the 
U.S. EPA will review those comments and publish another FR document 
responding to those comments and either affirming or revising the U.S. 
EPA's initial decision.

ADDRESSES: Written comments should be sent to Ramon Mendoza, Waste 
Management Branch (Mail Code DW-8J), U.S. EPA Region 5, 77 West Jackson 
Boulevard, Chicago, IL 60604, telephone: (312) 886-4314. Comments may 
also be submitted electronically to [email protected] or by 
facsimile at (312) 353-4788. You may examine copies of Michigan's 
application and relevant portions of Michigan's regulations during 
normal business hours at U.S. EPA Region 5.

FOR FURTHER INFORMATION CONTACT: Ramon Mendoza, Waste Management Branch 
(mail code DW-8J), U.S. EPA Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, telephone (312) 886-4314, 
[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 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.
    Michigan's MSWLF permit program was approved on April 8, 1997 (62 
FR 16804). On May 26, 2006, Michigan applied for approval of its RD&D 
permit provisions. Michigan submitted its amended laws under Part 115 
of Act 451 Sections 324.11511b and 324.11514 for review.

B. Decision

    After a thorough review, U.S. EPA Region 5 determined that 
Michigan's RD&D permit provisions as defined under Part 115 of Act 451 
Sections 324.11511b and 324.11514 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: August 15, 2006.
Norman Niedergang,
Acting Regional Administrator, Region 5.
 [FR Doc. E6-14453 Filed 8-29-06; 8:45 am]
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