[Federal Register Volume 74, Number 171 (Friday, September 4, 2009)]
[Rules and Regulations]
[Pages 45769-45770]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-21403]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 239 and 258

[EPA-R07-RCRA-2009-0646; FRL-8953-3]


Adequacy of Kansas Municipal Solid Waste Landfill Permit Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: This action approves Kansas' Research, Development and 
Demonstration (RD&D) permit program and updates to the approved 
Municipal Solid Waste Landfill Permit (MSWLP) program. On March 22, 
2004, the EPA issued final regulations allowing RD&D permits to be 
issued to certain municipal solid waste landfills by approved States. 
On December 11, 2008, Kansas submitted an application to the EPA 
seeking Federal approval of its RD&D requirements and to update Federal 
approval of its MSWLP program.

DATES: This direct final determination is effective November 3, 2009, 
without further notice unless EPA receives adverse comments by October 
5, 2009. If adverse comments are received, EPA will publish a timely 
response or withdrawal of the direct final rule in the Federal Register 
informing the public that the rule will or will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
RCRA-2009-0646, by one of the following methods:
    1. http://www.regulations.gov: Follow the online instructions for 
submitting comments.
    2. E-mail: <a href="/cdn-cgi/l/email-protection#99faebecf0eafcb7f7f0faf6f5fcd9fce9f8b7fef6ef"><span class="__cf_email__" data-cfemail="b4d7c6c1ddc7d19adaddd7dbd8d1f4d1c4d59ad3dbc2">[email protected]</span></a>.
    3. Mail: Send written comments to Nicole Cruise, EPA Region 7, 
Solid Waste/Pollution Prevention Branch, 901 North 5th Street, Kansas 
City, Kansas 66101.
    4. Hand Delivery or Courier: Deliver your comments to Nicole 
Cruise, EPA Region 7, Solid waste/Pollution Prevention Branch, 901 
North 5th Street, Kansas City, Kansas 66101.
    Instructions: Direct your comments to Docket ID No. EPA-R07-RCRA-
2009-0646. 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://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://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://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 
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.
    Docket: All documents in the electronic docket are listed in the 
http://www.regulations.gov index. Although listed in the index, some 
information is not 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. Publicly available docket 
materials are available either electronically in http://www.regulations.gov or in hard copy at the Environmental Protection 
Agency, Solid Waste/Pollution Prevention Branch, 901 North 5th Street, 
Kansas City, Kansas 66101. The Regional Office's official hours of 
business are Monday through Friday, 8 to 4:30, excluding Federal 
holidays. The interested persons wanting to examine these documents 
should make at appointment with the office at least 24 hours in 
advance.

FOR FURTHER INFORMATION CONTACT: Nicole Cruise at (913) 551-7641, or by 
e-mail at <a href="/cdn-cgi/l/email-protection#432031362a30266d2d2a202c2f26032633226d242c35"><span class="__cf_email__" data-cfemail="6a09181f03190f4404030905060f2a0f1a0b440d051c">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

A. Background

    On March 22, 2004, the EPA issued final regulations allowing RD&D 
permits to be issued at certain municipal solid waste landfills (69 FR 
13242). This new provision may only be implemented by an approved 
State. While States are not required to seek approval for this new 
provision, those States that are interested in providing RD&D permits 
to municipal solid waste landfills must seek approval from EPA before 
issuing such permits. Kansas received final approval for 40 CFR part 
258 provisions on June 24, 1996 (61 FR 32434). This request 
incorporates the November 27, 1996, final rule (61 FR 60328) for 
financial assurance mechanisms for local governments; the July 29, 
1997, final rule (62 FR 40708) for revisions to criteria for small 
municipal solid waste landfills; and the April 10, 1998, final rule (63 
FR 17706) for financial test and corporate guarantee to financial 
assurance mechanisms. Approval procedures for new provisions of 40 CFR 
part 258 are outlined in 40 CFR 239.12. On December 11, 2008, Kansas 
submitted an application for approval of its RD&D permit provisions and 
update of the approved MSWLP program.

B. Decision

    After a thorough review, EPA determined that Kansas' RD&D permit 
provisions and its updated rules for its Municipal Solid Waste Landfill 
Permit Program, as defined under Kansas Statutes Annotated (KSA) 
Chapter 65--Public Health, Article 34--Solid Waste, Kansas 
Administrative Regulations (KAR), Agency 28--Kansas Department of 
Health and Environment, Article 29--Solid Waste Management are adequate 
to ensure compliance with the Federal criteria as defined at 40 CFR 
258.4.

C. Statutory and Executive Order Reviews

    This action approves State solid waste requirements pursuant to 
Resource Conservation 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: Regulatory Planning Review--The Office of 
Management and Budget has exempted this action from its review under 
Executive Order (EO) 12866;
    2. Paperwork Reduction Act: This action does not impose an 
information collection burden under the Paperwork Reduction Act;
    3. Regulatory Flexibility Act: After considering the economic 
impacts of today's action on small entities under the Regulatory 
Flexibility Act, I certify that this action will not have a significant 
economic impact on a substantial number of small entities;

[[Page 45770]]

    4. Unfunded Mandates Reform Act: Because this action approves pre-
existing requirements under State law and does not impose any 
additional enforceable duty beyond that required by State law, this 
action does not contain any unfunded mandate, or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Act;
    5. Executive Order 13132: Federalism--EO 13132 does not apply to 
this action because this action will not have federalism implications 
(i.e., there are no substantial direct effects on States, on the 
relationship between the national government and States, or on the 
distribution of power and responsibilities between Federal and State 
governments);
    6. Executive Order 13175: Consultation and Coordination with Indian 
Tribal Governments--EO 13175 does not apply to this action because it 
will not have Tribal implications (i.e., there are no substantial 
direct effects on one or more Indian Tribes, on the relationship 
between the Federal government and Indian Tribes, or on the 
distribution of power and responsibilities between the Federal 
government and Indian Tribes);
    7. Executive Order 13045: Protection of Children from Environmental 
Health and Safety Risks--This action is not subject to EO 13045 because 
it is not economically significant and 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 EO 13211 
because it is not a significant regulatory action as defined in EO 
12866;
    9. National Technology Transfer Advancement Act: This provision 
directs EPA to use voluntary consensus standards in its regulatory 
activities unless to do so would be inconsistent with applicable law or 
otherwise impracticable. 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 standards and bodies. EPA approves State programs 
so long as the State programs meet the criteria delineated in 40 CFR 
part 258. It would be inconsistent with applicable law for EPA, in its 
review of a State program, to require the use of any particular 
voluntary consensus standard in place of another standard that meets 40 
CFR part 258 requirements. Thus, the National Technology Transfer 
Advancement Act does not apply to this action;
    10. Congressional Review Act: EPA will submit a report containing 
this action and other information required by the Congressional Review 
Act (5 U.S.C. 801 et seq.) 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.

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 sections 
2002, 4005 and 4010(c) of the Solid Waste Disposal Act, as amended, 
42 U.S.C. 6912, 6945 and 6949(a).

    Dated: August 27, 2009.
William W. Rice,
Acting Regional Administrator, Region 7.
[FR Doc. E9-21403 Filed 9-3-09; 8:45 am]
BILLING CODE 6560-50-P


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