[Federal Register Volume 73, Number 241 (Monday, December 15, 2008)]
[Proposed Rules]
[Pages 75986-75988]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-29642]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 239 and 258

[EPA-R07-RCRA-2008-0849; FRL-8751-9]


Adequacy of Iowa Municipal Solid Waste Landfill Permit Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The EPA is proposing to approve a modification to Iowa's 
approved municipal solid waste landfill (MSWLF) 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. The Region is also proposing to approve 
updates to Iowa's approved MSWLF program for adding financial assurance 
mechanisms for local governments, adding the financial test and 
corporate guarantee to financial assurance mechanisms, adding a 
technical amendment to solid waste location restrictions for airport 
safety,

[[Page 75987]]

and adopting language from the Federal MSWLF criteria at 40 CFR part 
258.

DATES: Comments on this proposed action must be received in writing by 
January 14, 2009.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2008-0849, by one of the following methods:
    1. www.regulations.gov: Follow the online instructions for 
submitting comments.
    2. E-mail: [email protected].
    3. Mail or Hand Delivery or Courier: Chilton McLaughlin, 
Environmental Protection Agency, Solid Waste/Pollution Prevention 
Branch, 901 North 5th Street, Kansas City, Kansas 66101.
    Instructions: Direct your comments to Docket ID No. EPA-R07-OAR-
2008-0849. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through www.regulations.gov or e-mail. 
The www.regulations.gov Web site is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through www.regulations.gov, 
your e-mail address will be automatically captured and included as part 
of the comment that is placed in the public docket and made available 
on the Internet. If you submit an electronic comment, EPA recommends 
that you include your name and other contact information in the body of 
your comment and with any disk or CD-ROM you submit. If EPA cannot read 
your comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in www.regulations.gov or in hard copy at the Environmental Protection 
Agency, Solid Waste/Pollution Prevention Branch, 901 North 5th Street, 
Kansas City, Kansas 66101. EPA requests that you contact the person 
listed in the FOR FURTHER INFORMATION CONTACT section to schedule your 
inspection. The interested persons wanting to examine these documents 
should make an appointment with the office at least 24 hours in 
advance.

FOR FURTHER INFORMATION CONTACT: Chilton McLaughlin at (913) 551-7666, 
or by e-mail at [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 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. Also, 
EPA issued a final rule on November 27, 1996, for financial assurance 
mechanisms for local governments (61 FR 60328 at 60337); a final rule 
on April 10, 1998, adding the financial test and corporate guarantee to 
financial assurance mechanisms (63 FR 17706 at 17729); and a final rule 
on October 15, 2003, providing a technical amendment to solid waste 
location restrictions for airport safety (68 FR 59335). The Federal 
MSWLF criteria are codified at 40 CFR part 258. Approval procedures for 
provisions of 40 CFR part 258 are outlined in 40 CFR 239.12.
    Iowa's MSWLF permit program was approved on August 19, 1997 (62 FR 
44127). On March 17, 2008, Iowa applied for approval of its RD&D permit 
provisions and its updated rules for its MSWLF program.

B. Decision

    After a thorough review, EPA is proposing that Iowa's RD&D permit 
provisions and its updated rules for its MSWLF program, as defined 
under Iowa Administrative Code (IAC) 567, Chapter 113, ``Sanitary 
Landfills for Municipal Solid Waste: Groundwater Protection Systems for 
the Disposal of Non-Hazardous Wastes,'' effective December 10, 2007, 
are adequate to ensure compliance with the Federal criteria as defined 
at 40 CFR 258.4.

C. Statutory and Executive Order Reviews

    This action proposes to approve state solid waste requirements 
pursuant to Resource Conservation and Recovery Act (RCRA) Section 4005 
and imposes no Federal requirements. 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 action from its review under 
Executive Order (EO) 12866;
    2. Paperwork Reduction Act--This action does not impose an 
information collection burden under the Paperwork Reduction Act;
    3. Regulatory Flexibility Act--After considering the economic 
impacts of today's action on small entities under the Regulatory 
Flexibility Act, I certify that this action will not have a significant 
economic impact on a substantial number of small entities;
    4. Unfunded Mandates Reform Act--Because this action approves pre-
existing requirements under state law and does not impose any 
additional enforceable duty beyond that required by state law, this 
action 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--EO 13132 does not apply to 
this action because this action will not have federalism implications 
(i.e., there are no substantial direct effects on states, on the 
relationship between the national government and states, or on the 
distribution of power and responsibilities between Federal and State 
governments);
    6. Executive Order 13175: Consultation and Coordination with Indian 
Tribal Governments--EO 13175 does not apply to this action because it 
will not have tribal implications (i.e., there are no 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

[[Page 75988]]

and Safety Risks--This proposed action is not subject to EO 13045 
because it is not economically significant and is not based on health 
or safety risks;
    8. Executive Order 13211: Actions that Significantly Affect Energy 
Supply, Distribution, or Use--This action is not subject to EO 13211 
because it is not a significant regulatory action as defined in EO 
12866;
    9. National Technology Transfer Advancement Act--This provision 
directs EPA to use voluntary consensus standards in its regulatory 
activities unless to do so would be inconsistent with applicable law or 
otherwise impracticable. Voluntary consensus standards are technical 
standards (e.g., materials specifications, test methods, sampling 
procedures, and business practices) that are developed or adopted by 
voluntary consensus standards bodies. EPA approves state programs so 
long as the State programs meet the criteria delineated in 40 CFR part 
258. 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 40 
CFR part 258 requirements. Thus, the National Technology Transfer and 
Advancement Act does not apply to this action;
    10. Congressional Review Act--EPA will submit a report containing 
this action 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.

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 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: December 3, 2008.
John B. Askew,
Regional Administrator, Region 7.
[FR Doc. E8-29642 Filed 12-12-08; 8:45 am]
BILLING CODE 6560-50-P