[Federal Register Volume 72, Number 202 (Friday, October 19, 2007)]
[Notices]
[Pages 59288-59289]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-20652]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-R09-RCRA-2007-0369; FRL-8484-9]


Adequacy of California Municipal Solid Waste Landfill Permit 
Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final determination of adequacy.

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SUMMARY: The Environmental Protection Agency Region IX is approving a 
modification to California's municipal solid waste landfill (MSWLF) 
permit program to allow the State to issue research, development, and 
demonstration (RD&D) permits for new and existing MSWLF units and 
lateral expansions. The approved modification allows the Director of 
the state program to provide a variance from certain MSWLF criteria, 
provided that the MSWLF owner/operator demonstrates that compliance 
with the RD&D permit will not increase risk to human health and the 
environment over a standard MSWLF permit. The Director may provide a 
variance from existing requirements of MSWLF criteria for run-on 
control systems, liquids restrictions, and final cover.

DATES: This final determination is effective on October 19, 2007.

ADDRESSES: A copy of the Docket, Docket ID No. EPA-R09-RCRA-2007-0369, 
including public comments received, is at http:www//regulations.gov.

FOR FURTHER INFORMATION CONTACT: Karen Ueno, Waste Management Division, 
WST-7-, Environmental Protection Agency Region IX, 75 Hawthorne Street, 
San Francisco, CA 94105; telephone number : (415) 972-3317; fax number: 
(415) 947-3530; e-mail address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information: Background

    On March 22, 2004, EPA issued a final rule amending the municipal 
solid waste landfill criteria at 40 CFR 258.4 to allow for RD&D 
permits. (69 FR 13242). This rule allows for variances from specified 
criteria for a limited period of time. Specifically, the rule allows 
the Director of an approved State to issue a time-limited RD&D permit 
for a new MSWLF unit, existing MSWLF unit, or lateral expansion, for 
which the owner or operator proposes to use innovative and new methods 
which vary from either or both of the following: (1) The run-on control 
systems at 40 CFR 258.26; and/or (2) the liquids restrictions at 40 CFR 
258.28(a), provided that the MSWLF unit has a leachate collection 
system designed and constructed to maintain less than a 30-cm depth of 
leachate on the liner. The rule also allows the Director of an approved 
State to issue a time-limited RD&D permit for which the owner or 
operator proposes to use innovative and new methods that vary from the 
final cover criteria at 40 CFR 258.60(a)(1) and (2), and (b)(1), 
provided that the owner or operator demonstrates that the alternative 
cover system will not contaminate groundwater or surface water, or 
cause leachate depth on the liner to exceed 30 cm. An RD&D permit 
cannot exceed three years and a renewal of an RD&D permit cannot exceed 
three years. Although multiple renewals of an RD&D permit can be 
issued, the total term for an RD&D permit including renewals cannot 
exceed twelve years.
    RD&D permits are only available in states with approved MSWLF 
permit programs that have been modified to incorporate the RD&D permit 
authority. Although a state is not required to seek approval for the 
RD&D permit provision,

[[Page 59289]]

a state must obtain EPA approval before it may issue such a permit. 
Requirements for state program determination of adequacy and approval 
procedures are contained in 40 CFR Part 239.
    In 1993, EPA Region IX approved the State of California's MSWLF 
permit program pursuant to Subtitle D of the Federal Resource 
Conservation and Recovery Act (RCRA). With its application, dated March 
28, 2006, and revised on February 21, 2007, the State of California is 
seeking EPA approval for a modification to the State's existing MSWLF 
permit program to incorporate RD&D permits. On June 19, 2007 (72 FR 
33757-33759), EPA Region IX issued a Tentative Determination proposing 
to approve the State's modification and providing an opportunity for 
public comment. The comment period closed on August 13, 2007. During 
the public comment period, EPA received only one comment. The commenter 
supported EPA's Tentative Determination and requested that EPA proceed 
with final approval. The commenter also provided his opinion of the 
environmental benefits that could be realized through the RD&D permit 
program.

II. EPA's Action: Final Determination

    After completing a thorough review, EPA is approving California's 
RD&D permit program modification. California has lawfully promulgated 
and fully enacted regulations for the RD&D permit program, and these 
regulations are adequate to ensure compliance with the Federal criteria 
at 40 CFR 258.4. In conformance with the Federal regulations, and in 
addition to California-specific requirements, an owner or operator is 
required to maintain less than a 30-cm depth of leachate on liner and 
demonstrate that compliance with the RD&D permit will not increase risk 
to human heath and the environment over compliance with a standard 
MSWLF permit.

    Authority: Sections 2002, 4005, and 4010(c) of the Solid Waste 
Disposal Act, as amended, 42 U.S.C. 6912, 6945, and 6949(a). 
Delegation 8-46. State/Tribal Permit Programs for Municipal Solid 
Waste Landfills.

    Dated: October 10, 2007.
Wayne Nastri,
Regional Administrator, Region IX.
 [FR Doc. E7-20652 Filed 10-18-07; 8:45 am]
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