[Federal Register Volume 76, Number 116 (Thursday, June 16, 2011)]
[Notices]
[Pages 35214-35215]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-15001]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9319-9]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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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. 
On March 3, 2011, Ohio submitted an application to the U.S. EPA Region 
5 seeking Federal approval of its RD&D. Ohio's

[[Page 35215]]

RD&D requirements allow the State to issue RD&D permits to owners and 
operators of MSWLF units in accordance with state law. Subject to 
public review and comment, this notice approves Ohio's RD&D permit 
requirements.

DATES: This determination of RD&D program adequacy for Ohio will become 
effective August 15, 2011 unless adverse comments are received on or 
before August 15, 2011. 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 Rebecca Geyer, Land and 
Chemicals Division (Mail Code LM-8J), U.S. EPA Region 5, 77 West 
Jackson Boulevard, Chicago, Illinois 60604, telephone: (312) 353-8314. 
Comments may also be submitted electronically to [email protected] 
or by facsimile at (312) 582-5122. You may examine copies of Ohio's 
application and relevant portions of Ohio's regulations during normal 
business hours at U.S. EPA Region 5.

FOR FURTHER INFORMATION CONTACT: Rebecca Geyer, Land and Chemicals 
Division (Mail Code LM-8J), U.S. EPA Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, telephone: (312) 353-8314, 
[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 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 adopt 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 
Part 239.12.
    Ohio's MSWLF permit program was approved on June 13, 1994 (59 FR 
112). On March 3, 2011, Ohio applied for approval of its RD&D permit 
provisions. Ohio submitted its amended laws under OAC 3745-27-80 to 
3745-27-89 for review.

B. Decision

    After a thorough review, U.S. EPA Region 5 determined that Ohio's 
RD&D permit provisions as defined under OAC 3745-27-80 to 3745-27-89 
are adequate to ensure compliance with the Federal criteria as defined 
at 40 CFR Part 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: June 3, 2011.
Susan Hedman,
Regional Administrator, U.S. EPA Region 5.
[FR Doc. 2011-15001 Filed 6-15-11; 8:45 am]
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