[Federal Register Volume 82, Number 240 (Friday, December 15, 2017)]
[Notices]
[Page 59601]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27102]



[[Page 59601]]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-R04-RCRA-2017-0534; FRL-9967-81-Region 4]


Alabama: Notice of Determination of Adequacy of Alabama's 
Financial Assurance Regulations for the State's Municipal Solid Waste 
Landfill Permit Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: On November 28, 2016, the Alabama Department of Environmental 
Management (ADEM) submitted a final solid waste Financial Assurance 
Program Approval Application to the Environmental Protection Agency 
(EPA) seeking a Determination of Adequacy for its solid waste financial 
assurance regulations. ADEM supplemented this application on January 4 
and 5, 2017. Subject to review and comment, this document approves 
ADEM's application and grants a Determination of Adequacy for Alabama's 
municipal solid waste landfill (MSWLF) financial assurance program.

DATES: This Determination of Adequacy for Alabama's MSWLF financial 
assurance regulations will be effective February 13, 2018, unless 
adverse comments are received on or before February 13, 2018. If EPA 
receives adverse comments, EPA will review such comments and publish 
another Federal Register document responding to the comments and either 
affirming or revising this initial decision.

ADDRESSES: Written comments, identified by Docket ID No. EPA-R04-RCRA-
2017-0534, can be submitted to the Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting 
comments. Comments can also be sent to Davy Simonson, Materials and 
Waste Management Branch, Resource Conservation and Restoration 
Division, U.S. EPA Region 4, Atlanta Federal Center, 61 Forsyth Street 
SW (Mailcode: 9T25), Atlanta, Georgia 30303-8960; telephone: (404) 562-
8457. Comments may be submitted electronically to 
[email protected], or by facsimile to (404) 562-9964. You may 
examine copies of the application materials submitted by Alabama during 
normal business hours at EPA Region 4, or at the offices of ADEM, 1400 
Coliseum Boulevard, Montgomery, Alabama 36110-2400, attn: Russell A. 
Kelly, Chief, Permits and Services Division, telephone: (334) 271-7714.
    Once submitted, comments cannot be edited or withdrawn. EPA may 
publish any comment received at its public docket. Do not submit 
electronically any information you consider to be Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Multimedia submissions (audio, video, etc.) must be 
accompanied by a written comment. The written comment is considered the 
official comment and should include discussion of all points you wish 
to make. EPA will generally not consider comments or comment contents 
located outside of the primary submission (i.e., on the web, cloud, or 
other file sharing system). For additional submission methods, the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Davy Simonson, Materials and Waste 
Management Branch, Resource Conservation and Restoration Division, U.S. 
EPA Region 4, Atlanta Federal Center, 61 Forsyth Street SW (Mailcode: 
9T25), Atlanta, Georgia 30303-8960; telephone number: (404) 562-8457; 
fax number: (404) 562-9964; email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Section 4005(c)(1)(B) of the Resource Conservation and Recovery Act 
(RCRA), 42 U.S.C. 6945(c)(1)(B), as amended by the Hazardous and Solid 
Waste Amendments of 1984 (HSWA), requires that states develop and 
implement permit programs to ensure that MSWLFs receiving household 
hazardous waste or small quantity generator waste comply with the 
minimum federal criteria for MSWLFs in Title 40 of the Code of Federal 
Regulations (40 CFR) part 258. Section 4005(c)(1)(C) of RCRA, 42 U.S.C. 
6945(c)(1)(C), then requires that EPA determine whether a state's MSWLF 
permit program is adequate. The federal regulations at 40 CFR part 239 
set forth the procedures EPA will follow in determining the adequacy of 
such state programs.
    In 1993, Alabama applied to EPA for partial program approval for 
its MSWLF permit program. At that time, ADEM did not have the statutory 
authority to require financial assurance at MSWLFs; however, its 
regulations contained all of the other required MSWLF criteria in 40 
CFR part 258. On March 2, 1994 (59 FR 9979), EPA granted a 
Determination of Adequacy to Alabama, approving its MSWLF permit 
program, with the exception of the financial assurance criteria 
contained in 40 CFR part 258, subpart G. In June 2005, the Alabama 
State Legislature enacted a statute allowing ADEM to require financial 
assurance at MSWLFs. Alabama's regulations were amended in December 
2005 to add financial assurance requirements that mirror the federal 
financial assurance regulations at 40 CFR part 258, subpart G.
    On November 28, 2016, Alabama submitted a final solid waste 
Financial Assurance Program Approval Application to EPA. ADEM submitted 
supplemental information to support its application on January 4 and 5, 
2017. The application covers ADEM's MSWLF financial assurance program, 
only.

II. Decision

    After reviewing Alabama's application, EPA concludes that Alabama's 
financial assurance regulations, as set forth at ADEM Administrative 
Code (Admin. Code r.) 335-13-4-.28, along with the statutory authority 
provided in Section 22-27-8 of the Alabama Code, are adequate to ensure 
compliance with the federal criteria set forth at 40 CFR part 258, 
subpart G (Sec. Sec.  258.70 through 258.74). Accordingly, EPA is 
granting a Determination of Adequacy for the portion of Alabama's MSWLF 
permit program relating to financial assurance requirements. EPA's 
approval of Alabama's financial assurance program will result in full 
federal approval of the State's MSWLF permit program.
    This action takes effect sixty (60) days after the date of 
publication if no adverse comments are received. EPA's action only 
addresses Alabama's financial assurance requirements for its MSWLF 
permit program. EPA is not reopening, nor soliciting public comments 
on, its prior approval of the remaining portions of Alabama's MSWLF 
permit program. EPA will only respond to comments addressing the 
financial assurance portion of Alabama's MSWLF permit program.

    Authority: This action is issued under the authority of sections 
2002, 4005, and 4010(c) of the Solid Waste Disposal Act, as amended, 
42 U.S.C. 6912, 6945, and 6949(a).

    Dated: November 9, 2017.
Onis ``Trey'' Glenn, III,
Regional Administrator, Region 4.
[FR Doc. 2017-27102 Filed 12-14-17; 8:45 am]
 BILLING CODE 6560-50-P