[Federal Register Volume 76, Number 2 (Tuesday, January 4, 2011)]
[Rules and Regulations]
[Pages 270-272]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-33196]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 239 and 258

[EPA-R10-RCRA-2010-0953; FRL-9247-6]


Alaska: Adequacy of Alaska Municipal Solid Waste Landfill Permit 
Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: This action approves a modification to Alaska's approved 
Municipal Solid Waste Landfill (MSWLF) permit program. The approved 
modification allows the State to issue Research, Development, and 
Demonstration (RD&D) permits to owners and operators of MSWLFs in 
accordance with its State law. On March 22, 2004, EPA issued final 
regulations allowing RD&D permits to be issued to certain MSWLFs by 
approved States. On September 7, 2010, the State of Alaska submitted an 
application to EPA Region 10 seeking Federal approval of its RD&D 
requirements. After thorough review, EPA Region 10 has determined that 
Alaska's RD&D permit requirements are adequate through this direct 
final action.

DATES: This direct final rule will become effective March 7, 2011 
without further notice unless EPA receives adverse comments on or 
before February 3, 2011. If adverse comments are received, EPA will 
publish a timely withdrawal of this direct final rule in the Federal 
Register informing the public that the rule will not take effect. EPA 
will then review the comments and then will publish a final rule in the 
Federal Register responding to the comments and affirming or revising 
its initial decision.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
RCRA-2010-0953, by one of the following methods:
    <bullet> http:[sol][sol]www.regulations.gov: Follow the on-line 
instructions for submitting comments.
    <bullet> E-mail: <a href="/cdn-cgi/l/email-protection#ee8d8f828f8c9c81c08a81838b80878dae8b9e8fc0898198"><span class="__cf_email__" data-cfemail="6e0d0f020f0c1c01400a01030b00070d2e0b1e0f40090118">[email protected]</span></a>.
    <bullet> Fax: (206) 553-8509, to the attention of Domenic Calabro.
    <bullet> Mail: Domenic Calabro, Office of Air, Waste and Toxics, 
U.S. EPA, Region 10, 1200 Sixth Avenue, Suite 900, Mailstop: AWT-122, 
Seattle, WA 98101.
    <bullet> Hand Delivery or Courier: Deliver your comments to Domenic 
Calabro, Office of Air, Waste and Toxics, U.S. EPA, Region 10, 1200 
Sixth Avenue, Suite 900, Mailstop: AWT-122, Seattle, WA 98101. Such 
deliveries are only accepted during the Office's normal hours of 
operation.
    Instructions: Identify your comments as relating to Docket ID No. 
EPA-R10-RCRA-2010-0953. EPA's policy is that all comments received will 
be included in the public docket without change and may be made 
available online at http:[sol][sol]www.regulations.gov, including any 
personal information provided, unless the comment includes information 
claimed to be Confidential Business Information (CBI) or claimed to be 
other information whose disclosure is restricted by statute. Do not 
submit information that you consider to be CBI or otherwise protected 
through http:[sol][sol]www.regulations.gov or e-mail. The 
http:[sol][sol]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 
http:[sol][sol]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

[[Page 271]]

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. For additional information about EPA's public 
docket visit the EPA Docket Center homepage at 
http:[sol][sol]www.epa.gov/epahome/dockets.htm.
    Docket: EPA has established a docket for this action under Docket 
ID No. EPA-R10-RCRA-2010-0953. All documents in the docket are listed 
on the http:[sol][sol]www.regulations.gov Web site. Although it may be 
listed in the index, some information might not be publicly available, 
e.g., CBI or other information whose disclosure is restricted by 
statute. Certain other material, such as copyrighted material, is not 
placed on the Internet and will be publicly available only in hard copy 
form. Publicly available docket materials are available either 
electronically through http:[sol][sol]www.regulations.gov or in hard 
copy at the U.S. Region 10 Library, 1200 Sixth Avenue, Seattle, WA 
98101 by appointment only; telephone: (206) 553-1289.

FOR FURTHER INFORMATION CONTACT: Domenic Calabro, Office of Air, Waste 
and Toxics, U.S. EPA, Region 10, 1200 Sixth Avenue, Suite 900, 
Mailstop: AWT-122, Seattle, WA 98101, telephone: (206) 553-6640, 
<a href="/cdn-cgi/l/email-protection#b0d3d1dcd1d2c2df9ed4dfddd5ded9d3f0d5c0d19ed7dfc6"><span class="__cf_email__" data-cfemail="c3a0a2afa2a1b1aceda7acaea6adaaa083a6b3a2eda4acb5">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Background

    On March 22, 2004, EPA issued a final rule (69 FR 13242) amending 
the Municipal Solid Waste Landfill (MSWLF) criteria in 40 CFR part 258 
to allow for Research, Development and Demonstration (RD&D) permits (69 
FR 13242). That 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 seek approval to allow 
permits under 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 239.12.
    On March 15, 2000, EPA published a final rule (65 FR 453) approving 
the State of Alaska's MSWLF permit program. On September 7, 2010, 
Alaska applied for approval of its RD&D permit provisions which are 
included as part of a broader revision package and is codified as 18 
AAC 60.213. The final package was adopted by the ADEC, signed and 
officially filed by the Lt. Governor, and took effect on September 5, 
2010.

II. Decision

    After a thorough review of Alaska's revision package, EPA has 
determined that the Alaska Research, Development and Demonstration 
(RD&D) permit provisions as set out in 18 AAC 60.213 are adequate to 
comply with the Federal criteria as set out in 40 CFR 258.4. The State 
regulations regarding RD&D permits incorporate by reference all of the 
requirements of 40 CFR 258.4, while specifying particular requirements 
which are either equivalent to or more stringent than the requirements 
of 40 CFR 258.4.

III. Statutory and Executive Order Reviews

    This action approves State solid waste requirements pursuant to 
Resource Conversation 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

    This action is not a ``significant regulatory action'' under the 
terms of Executive Order (EO) 12866 (58 FR 51735, October 4, 1993) and 
is therefore not subject to review under the EO.

2. Paperwork Reduction Act

    This action does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. 
Burden is defined at 5 CFR 1320.3(b). This direct final rule does not 
establish or modify any information or recordkeeping requirements for 
the regulated community. EPA has determined that it is not subject to 
the provisions of the Paperwork Reduction Act.

3. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA), as amended by the Small 
Business Regulatory Enforcement Fairness Act (SBREFA), 5 U.S.C. 601 et 
seq., generally requires Federal agencies to prepare a regulatory 
flexibility analysis of any rule subject to notice and comment 
rulemaking requirements under the Administrative Procedure Act or any 
other statute unless the agency certifies that the rule will not have a 
significant economic impact on a substantial number of small entities. 
Small entities include small businesses, small organizations, and small 
governmental jurisdictions. For purposes of assessing the impacts of 
this direct final rule on small entities, small entity is defined as: 
(1) A small business, as codified in the Small Business Size 
Regulations at 13 CFR part 121; (2) a small governmental jurisdiction 
that is a government of a city, county, town, school district or 
special district with a population of less than 50,000; and (3) a small 
organization that is any not-for-profit enterprise which is 
independently owned and operated and is not dominant in its field. EPA 
has determined that this direct final action will not have a 
significant impact on small entities because the action will only have 
the effect of modifying pre-existing authorized requirements under 
State law. I certify that this action will not have a significant 
economic impact on a substantial number of small entities.

4. Unfunded Mandates Reform Act

    This action contains no Federal mandates under the provisions of 
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C. 
1531-1538 for State, local, or Tribal governments or the private 
sector. This action imposes no new enforceable duty on any State, local 
or Tribal governments or the private sector. This action contains no 
regulatory requirements that might significantly or uniquely affect 
small government entities. Thus, EPA has determined that the 
requirements of section 203 of the UMRA do not apply to this action.

5. Executive Order 13132: Federalism

    This action addresses a modification to Alaska's approved MSWLF 
permit program, which has been modified by State law to incorporate 
RD&D permitting authority. There are no substantial direct effects on 
the States, on the relationship between Federal and State governments, 
or on the distribution of power between among the various levels of 
government, as specified in Executive Order 13132. Therefore, Executive 
Order 13132 does not apply to this action.

6. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have Tribal implications, as specified in 
Executive Order 13175. This action addresses a modification to Alaska's 
approved

[[Page 272]]

MSWLF permit program, which has been modified by State law to 
incorporate RD&D permitting authority. Thus, EPA has determined that 
Executive Order 13175 does not apply to this rule.

7. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks

    This action is not subject to Executive Order 13045 because it is 
not economically significant and it 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 Executive Order 13211 (66 FR 28355, 
May 22, 2001), because it is not a ``significant regulatory action'' as 
defined under Executive Order 12866.

9. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (``NTTAA''), Public Law 104-113, section 12(d) (15 U.S.C. 
272) directs EPA to use voluntary consensus standards bodies in its 
regulatory activities unless to do so would be inconsistent with 
applicable law or otherwise impractical. 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 bodies. The NTTAA directs EPA to provide 
Congress, through the OMB, explanations when the Agency decides not to 
use available and applicable voluntary consensus standards. EPA has 
determined that this action does not involve ``technical standards'' as 
defined by the NTTAA. Therefore EPA is not considering the use of any 
voluntary consensus standards.

10. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order (EO) 12898 (59 FR 7629 (Feb. 16, 1994)) establishes 
Federal executive policy on environmental justice. Its main provision 
directs Federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high 
and adverse human health or environmental effects of their programs, 
policies, and activities on minority populations and low-income 
populations in the United States.
    EPA has determined that this action will not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because it does not 
affect the level of protection provided to human health or the 
environment. This action addresses a modification to Alaska's approved 
MSWLF permit program, which has been modified by State law to 
incorporate RD&D permitting authority. EPA has determined that the 
action is not subject to Executive Order 12898.

11. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as amended by 
the Small Business Regulatory Enforcement Fairness Act of 1996, 
generally provides that before a rule may take effect, the agency 
promulgating the rule must submit a rule report, which includes a copy 
of the rule, to each House of the Congress and to the Comptroller 
General of the United States. EPA will submit a report containing this 
document and other required information 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. A major rule 
cannot take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2). This action will be effective March 7, 2011.

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 22, 2010.
Dennis J. McLerran,
Regional Administrator, EPA Region 10.
[FR Doc. 2010-33196 Filed 1-3-11; 8:45 am]
BILLING CODE 6560-50-P


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