Solid wastes: Municipal solid waste landfill permit programs; adequacy determinations— Kansas, Missouri, and Nebraska,

[Federal Register: January 12, 2000 (Volume 65, Number 8)]

[Proposed Rules]

[Page 1842-1843]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr12ja00-36]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 257 and 258

[FRL-6521-3]

Adequacy of State Permit Programs Under RCRA Subtitle D

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA is proposing this action to streamline the approval process for specific state permit programs for solid waste disposal facilities other than municipal solid waste landfills (MSWLF) that receive conditionally exempt small quantity generator (CESQG) hazardous waste. States whose Subtitle D MSWLF permit programs or Subtitle C hazardous waste management programs have been reviewed and approved or authorized by the Agency are eligible for this streamlined approval process if their state programs require the disposal of CESQG hazardous waste in suitable facilities. EPA is issuing an adequacy determination to the state programs for Kansas, Missouri, and Nebraska.

Elsewhere in the final rule section of today's Federal Register, EPA is issuing a direct final rule that sets forth the Agency's determination of program adequacy. EPA views this as a noncontroversial action that declares that specific state programs for disposal of CESQG waste meet all of the statutory and regulatory needs set up under the Resource Conservation and Recovery Act (RCRA). Thus, we expect no adverse comments. A detailed rationale for this decision is in the preamble to the final rule of program adequacy. If no relevant adverse comments are received in response to this action, no further Agency action is needed. If EPA receives relevant adverse comments, EPA will withdraw the direct final rule and discuss the comments in a later final rule. This is your only chance to comment. If EPA receives relevant adverse comment concerning the adequacy of only certain state programs, the Agency's withdrawal of the direct final rule will only apply to those state programs. Comments on the inclusion or exclusion of one state permit program will not affect the timing of the decision on the other state permit programs.

DATES: Comments must be submitted on or before February 11, 2000.

ADDRESSES: Send or hand deliver an original and one copy of your comments referencing docket number R7/ARTD/SWPP-00-01 to: Region VII Information Resource Center, U.S. Environmental Protection Agency, 901 N. 5th Street, Kansas City, Kansas 66101. Comments may also be submitted electronically through the Internet to: r7-library@epa.gov. Comments in electronic format should also be identified by the docket number listed above. All electronic comments must be submitted as an ASCII file avoiding the use of special characters and any form of encryption.

You can view and copy documents pertaining to this regulatory docket in the Region VII Information Resource Center (Library), located on the Plaza Level at the address noted above. The Library is open to the public from 9 a.m. to 3 p.m., Monday through Friday, excluding federal holidays.

FOR FURTHER INFORMATION CONTACT: For general information, call (913) 551-7241 or TTY (913) 321-9516. For information on accessing paper and electronic copies of documents or supporting materials relating to the proposed rule, or for information on specific aspects of this rule, contact Wes Bartley, U.S. EPA Region VII, ARTD/SWPP, 901 N. 5th Street, Kansas City, Kansas 66101, phone (913) 551-7632, or by e-mail at bartley.wes@epa.gov.

SUPPLEMENTARY INFORMATION: The official record for this action will be kept in paper form. Therefore, EPA will transfer all comments received electronically into paper form and place them in the official record, which will also include all comments submitted directly in writing. The official record is the paper record kept at the address in ADDRESSES at the beginning of this document.

EPA responses to comments, whether the comments are written or electronic, will be in a document in the Federal Register or in a response to comments document placed in the official record for this rulemaking. EPA will not immediately reply to commenters electronically other than to seek clarification of electronic comments that may be garbled in transmission or during conversion to paper form, as discussed above.

Background

As set out in detail in the related direct final rule, EPA has decided that specific state permit programs for facilities receiving CESQG waste meet the needs for program approval under RCRA section 4005(c)(1)(C). Today's document applies to the state programs for Kansas, Missouri, and Nebraska. Programs developed by these states for permitting either hazardous waste facilities or MSWLF have been reviewed and approved or authorized by the Agency. The regulatory programs are more comprehensive and/or more stringent than the federal revised criteria for facilities receiving CESQG hazardous waste. The Agency has found that the above states have already submitted the documentation that would have been needed for the determination of permit program adequacy under RCRA section 4005(c)(1)(C). Further, the Agency has found that the technical review conducted for either approval or authorization can substitute for the technical review of the standards for the federal revised criteria.

Additional Information

For more information, see the corresponding direct final rule published elsewhere in the rule section of this Federal Register. If you wish to comment, you should review the more detailed discussion in that section of today's Federal Register.

Authority: This document is issued under the authority of sections 2002 and 4005 of the

[[Page 1843]]

Solid Waste Disposal Act as amended, 42 U.S.C. 6912 and 6945.

Dated: December 29, 1999. Dennis Grams, Regional Administrator, Region VII.

[FR Doc. 00-615Filed1-11-00; 8:45 am]

BILLING CODE 6560-50-U