[Federal Register Volume 84, Number 156 (Tuesday, August 13, 2019)]
[Rules and Regulations]
[Pages 39977-39978]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17123]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 258

[EPA-R05-RCRA-2019-0319; FRL-9997-83-Region 5]


Determination of Adequacy of Wisconsin's Research, Development 
and Demonstration Permit Provisions for Municipal Solid Waste Landfills

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notification of approval.

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SUMMARY: On May 10, 2016, EPA revised the maximum permit term for 
Municipal Solid Waste Landfills (MSWLF) units operating under Research, 
Development and Demonstration (RD&D) permits. The revision allows 
states to increase the number of RD&D permit renewals issued to six, 3-
year permit renewals, for a total permit term of up to 21 years. On May 
6, 2019, Wisconsin Department of Natural Resources (WDNR) submitted a 
notification to EPA Region 5 seeking Federal approval of its revised 
RD&D requirements per the procedures in Requirements for State Permit 
Program Determination of Adequacy. Subject to public review and 
comment, this document approves Wisconsin's revised RD&D permit 
requirements.

DATES: This determination of adequacy of the RD&D permit program for 
Wisconsin are effective October 15, 2019 unless adverse comments are 
received. If adverse comments are received, EPA will review those 
comments and publish another Federal Register document responding to 
those comments and either affirm or revise EPA's initial decision. 
Comments on this determination of adequacy must be received on or 
before October 15, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
RCRA-2019-0319, by one of the following methods:
     www.regulations.gov: Follow the on-line instructions for 
submitting comments.
     Email: [email protected].
     Mail: Julie Schilf, U.S. EPA Region 5, Land, Chemicals and 
Redevelopment Division, 77 West Jackson Boulevard LM-16J, Chicago, 
Illinois 60604.
    Instructions: Identify your comments as relating to Docket ID No. 
EPA--R05-RCRA-2019-0319. EPA's policy is that all comments received 
will be included in the public docket without change and may be 
available online at www.regulations.gov, including any personal 
information provided, unless the comment includes information claimed 
to be Confidential Business Information or claimed to be other 
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION, CONTACT: Julie Schilf, U.S. EPA Region 5, 
Land, Chemicals and Redevelopment Division, 77 West Jackson Boulevard 
LM-16J, Chicago, Illinois 60604, (312) 886-0407, [email protected].

SUPPLEMENTARY INFORMATION:

A. Background

    On March 22, 2004, EPA issued a final rule amending the MSWLF 
criteria in 40 CFR 258 to allow for 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. 
On May 10, 2016, EPA revised the maximum permit term for MSWLF units 
operating under RD&D permits (81 FR 28720). The revision allows states 
to increase the number of RD&D permit renewals issued to six, 3-year 
permit renewals, for a total permit term of up to 21 years (40 CFR 
258.4). While states are not required to incorporate this new 
provision, those states interested in providing RD&D permits must seek 
approval from EPA before issuing such permits. On January 10, 2006, 
Wisconsin received EPA approval of its RD&D permit program (71 FR 
3293). On May 6, 2019, WDNR submitted a notification to EPA Region 5 
seeking Federal approval of its revised RD&D requirements per the 
procedures in 40 CFR 239.12. Wisconsin's revised RD&D provisions can be 
found in

[[Page 39978]]

Chapter NR 514 of the Wisconsin Administrative Code, as amended by the 
Wisconsin Natural Resources Board WA-06-18.

B. Decision

    EPA has made a determination that the Wisconsin RD&D permit 
provisions in Chapter NR 514 of the Wisconsin Administrative Code, as 
amended, comply with the Federal criteria set forth in 40 CFR 258.4.

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

    Dated: July 17, 2019.
Cathy Stepp,
Regional Administrator, Region 5.
[FR Doc. 2019-17123 Filed 8-12-19; 8:45 am]
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