44126 Federal Register / Vol. 62, No. 160 / Tuesday, August 19, 1997 / Notices

information; search data sources;

complete and review the collection of

information; and transmit or otherwise

disclose the information.

Title: Request for Contractor Access to

TSCA CBI, EPA ICR No. 1250.05, OMB

No. 2070-0075. Expires November 30,

1997.

Abstract: Certain employees of

companies working under contract to

EPA require access to CBI collected

under TSCA authority in order to

perform their official duties. The Office

of Pollution Prevention and Toxics

(OPPT), which is responsible for

maintaining the security of TSCA

confidential business information,

requires that all individuals desiring

access to TSCA CBI obtain and annually

renew official clearance to TSCA CBI.

As part of the process for obtaining

TSCA CBI clearance, OPPT requires

certain information about the

contracting company and about each

contractor employee requesting TSCA

CBI clearance, primarily the name,

Social Security Number and EPA

identification badge number of the

employee, the type of TSCA CBI

clearance requested and the justification

for such clearance, and the signature of

the employee to an agreement with

respect to access to and use of TSCA

CBI.

Responses to the collection of

information are voluntary, but failure to

provide the requested information will

prevent a contractor employee from

obtaining clearance to TSCA CBI. EPA

will observe strict confidentiality

precautions with respect to the

information collected on individual

employees, based on the Privacy Act of

1974, as outlined in the ICR and in the

collection instrument.

Burden Statement: The burden to

respondents for complying with this ICR

is estimated to total 814 hours per year

with an annual cost of $27,423. These

totals are based on an average burden of

approximately 31 hours per response for

an estimated 26 respondents making

one or more responses annually. These

estimates include the time needed to

review instructions; develop, acquire,

install and utilize technology and

systems for the purposes of collecting,

validating and verifying information,

processing and maintaining

information, and disclosing and

providing information; adjust the

existing ways to comply with any

previously applicable instructions and

requirements; train personnel to be able

to respond to a collection of

information; search data sources;

complete and review the collection of

information; and transmit or otherwise

disclose the information.

III. Public Record

A record has been established for this

action under docket number ‘‘OPPTS–

00217’’ (including comments and data

submitted electronically as described

below). A public version of this record,

including printed, paper versions of

electronic comments, which does not

include any information claimed as CBI,

is available for inspection from noon to

4 p.m., Monday through Friday,

excluding legal holidays. The public

record is located in the TSCA

Nonconfidential Information Center,

Rm. NE–B607, 401 M St., SW.,

Washington, DC 20460.

Electronic comments can be sent

directly to EPA at:

oppt.ncic@epamail.epa.gov

Electronic comments must be

submitted as an ASCII file avoiding the

use of special characters and any form

of encryption.

The official record for this action, as

well as the public version, as described

above will be kept in paper form.

Accordingly, EPA will transfer all

comments received electronically into

printed, paper form as they are received

and will place the paper copies in the

official record which will also include

all comments submitted directly in

writing. The official record is the paper

record maintained at the address in

ADDRESSES at the beginning of this

document.

List of Subjects

Environmental protection and

Information collection requests.

Dated: August 12, 1997.

Susan H. Wayland,

Acting Assistant Administrator for

Prevention, Pesticides and Toxic Substances.

[FR Doc. 97–21923 Filed 8-18-97; 8:45 am]

BILLING CODE 6560–50–F

ENVIRONMENTAL PROTECTION

AGENCY

[FRL–5877–5]

Subcontractor Access to Confidential

Business Information Under the Clean

Air Act

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice.

SUMMARY: The EPA has authorized the

following subcontractors for access to

information that has been, or will be,

submitted to EPA under section 114 of

the Clean Air Act (CAA) as amended:

Indus Corporation, 1953 Gallows Road,

Vienna, Va 22181, contract number

68D60010; Environmental Investigations

(EI), 2327 Englert Drive, Durham, NC

27713, contract number 68D60010; TRC

Environmental Corporation, 6340

Quadrangle Drive, Chapel Hill, NC

27514, contract number 68D60010; EC/

R, Inc., 2327 Englert Drive, Durham, NC

27713, contract number 68D60011;

Acurex Corporation, 555 Clyde Avenue,

Mountain View, CA 94039, contract

number 68D60012; Alpha-Gama

Technologies, Inc., 900 Ridgefield Drive,

Raleigh, NC 27609, contract number

68D60013; The Kevric Company, Inc.,

8401 Colesville Road, Silver Spring, MD

20910, contract number 68D60014.

Some of the information may be

claimed to be confidential business

information (CBI) by the submitter.

DATES: Access to confidential data

submitted to EPA will occur no sooner

than ten days after issuance of this

notice.

FOR FURTHER INFORMATION CONTACT:

Doris Maxwell, Document Control

Officer, Office of Air Quality Planning

and Standards (MD–13), U.S.

Environmental Protection Agency,

Research Triangle Park, North Carolina

27711, (919) 541–5312.

SUPPLEMENTARY INFORMATION: The EPA

is issuing this notice to inform all

submitters of information under section

114 of the CAA that EPA may provide

the above mentioned subcontractors

access to these materials on a need-toknow basis. These subcontractors will

provide technical support to the Office

of Air Quality Planning and Standards

(OAQPS) in economic impact

assessment for Federal Air Pollution

Control Regulations.

In accordance with 40 CFR 2.301(h),

EPA has determined that each

subcontractor requires access to CBI

submitted to EPA under sections 112

and 114 of the CAA in order to perform

work satisfactorily under the above

noted contracts. The subcontractors’

personnel will be given access to

information submitted under section

114 of the CAA. Some of the

information may be claimed or

determined to be CBI. The

subcontractors’ personnel will be

required to sign nondisclosure

agreements and will be briefed on

appropriate security procedures before

they are permitted access to CBI. All

subcontractor access to CAA CBI will

take place at the subcontractors’ facility.

Each subcontractor will have

appropriate procedures and facilities in

place to safeguard the CAA CBI to

which the subcontractor has access.

Clearance for access to CAA CBI is

scheduled to expire on September 30,

2001 under all above listed contracts.
Federal Register / Vol. 62, No. 160 / Tuesday, August 19, 1997 / Notices 44127

Dated: August 12, 1997.

Mary D. Nichols,

Assistant Administrator for Air and

Radiation.

[FR Doc. 97–21917 Filed 8-18-97; 8:45 am]

BILLING CODE 6560–50–F

ENVIRONMENTAL PROTECTION

AGENCY

[FRL–5876–8]

Iowa Final Full Program Determination

of Adequacy of State Municipal Solid

Waste Landfill Permit Program

AGENCY: Environmental Protection

Agency.

ACTION: Notice of immediate final

program determination of adequacy on

Iowa’s application.

SUMMARY: Section 4005(c)(1)(B) of the

Resource Conservation and Recovery

Act (RCRA), as amended by the

Hazardous and Solid Waste

Amendments (HSWA) of 1984, requires

states to develop and implement permit

programs to ensure that Municipal Solid

Waste Landfills (MSWLF) which may

receive hazardous household waste or

small quantity generator waste will

comply with the revised Federal

MSWLF Criteria (40 CFR part 258).

RCRA section 4005(c)(1)(C) requires the

Environmental Protection Agency (EPA)

to determine whether states have

adequate ‘‘permit’’ programs for

MSWLFs, but does not mandate

issuance of a rule governing such

determinations. The EPA has drafted

and is in the process of proposing a

State Implementation Rule (SIR) that

will provide procedures by which the

EPA will approve, or partially approve,

state landfill permit programs. The

Agency intends to approve adequate

state MSWLF permit programs as

applications are submitted. Thus, the

approvals are not dependent on final

promulgation of the SIR. Prior to

promulgation of the SIR, adequacy

determinations will be made based on

the statutory authorities and

requirements. In addition, states may

use the draft SIR as an aid in

interpreting these requirements. The

Agency believes that early approvals

have an important benefit. Approved

state permit programs provide for

interaction between the state and the

owner/operator regarding site-specific

permit conditions. Only those owners/

operators located in state with approved

permit programs can use the sitespecific flexibility provided by 40 CFR

part 258 to the extent the state permit

program allows such flexibility. The

EPA notes that regardless of the

approval status of a state and the permit

status of any facility, the Federal criteria

in 40 CFR part 258 will apply to all

permitted and unpermitted MSWLF

facilities.

Iowa applied for a determination of

adequacy under section 4005 of RCRA.

The EPA reviewed Iowa’s application

and has made a decision, subject to

public review and comment, that Iowa’s

municipal solid waste landfill permit

program satisfies all of the requirements

necessary to qualify for final

authorization. Thus, the EPA is

approving Iowa’s MSWLF permit

program.

EFFECTIVE DATE: The determination of

adequacy for Iowa shall be effective on

October 20, 1997, unless the EPA

publishes a prior Federal Register

action withdrawing this immediate final

rule. All comments on Iowa’s program

revision application must be received by

the close of business September 18,

1997.

ADDRESSES: Copies of Iowa’s application

for a determination of adequacy are

available for inspection and copying

from 8 a.m. to 4:30 p.m., Monday

through Friday at the following

addresses: Iowa Department of Natural

Resources, Wallace State Office

Building, 900 East Grand, Des Moines,

Iowa 50319–0034, Attention: Mr. Lavoy

Haage, telephone 515–281–4968; and

the EPA Region VII Library, 726

Minnesota Avenue, Kansas City, Kansas

66101, telephone 913–551–7241.

FOR FURTHER INFORMATION CONTACT:

David Flora at (913) 551–7523.

SUPPLEMENTARY INFORMATION:

A. Background

On October 9, 1991, the EPA

promulgated 40 CFR part 258 for

MSWLFs. Subtitle D of RCRA, as

amended by HSWA, requires states to

develop permitting programs to ensure

that facilities comply with the Federal

Criteria in 40 CFR part 258. Subtitle D

also requires in section 4005 of RCRA

that the EPA determine the adequacy of

state municipal solid waste landfill

permit programs to ensure that facilities

comply with 40 CFR part 258. To fulfill

this requirement, the Agency has

drafted and is in the process of

proposing a SIR. The rule will specify

the requirements which state programs

must satisfy to be determined adequate.

The EPA intends to propose in the

SIR to allow partial approval if: (1) The

Regional Administrator determines that

the state permit program largely meets

the requirements for ensuring

compliance with 40 CFR part 258; (2)

changes to a limited narrow part(s) of

the state permit program are needed to

meet these requirements; and (3)

provisions not included in the partially

approved portions of the state permit

program are a clearly identifiable and

separable subset of 40 CFR part 258. As

a state’s regulations and statutes are

amended to comply with 40 CFR part

258, unapproved portions of a partially

approved MSWLF permit program may

be approved by the EPA. The state may

submit an amended application to the

EPA for review and an adequacy

determination will be made using the

same criteria as for the initial

application. This adequacy

determination will be published in the

Federal Register summarizing the

Agency’s decision and the portion(s) of

the state MSWLF permit program

affected and providing an opportunity

to comment for a period of 30 days. The

adequacy determination will become

effective 60 days following publication

if no adverse comments are received. If

the EPA receives adverse comments on

its adequacy determination, another

Federal Register notice will be

published either affirming or reversing

the initial decision while responding to

the public comments.

The EPA will review state

requirements to determine whether they

are ‘‘adequate’’ under section

4005(c)(1)(C) of RCRA. The EPA

interprets the requirements for states to

develop ‘‘adequate’’ programs for

permits or other forms of prior approval

to impose several minimum

requirements. First, each state must

have enforceable standards for new and

existing MSWLFs that are technically

comparable to 40 CFR part 258. Next,

the state must have the authority to

issue a permit or other notice of prior

approval to all new and existing

MSWLFs in its jurisdiction. The state

also must provide for public

participation in permit issuance and

enforcement as required in section

7004(b) of RCRA. Finally, the EPA

believes that the state must show that it

has sufficient compliance monitoring

and enforcement authorities to take

specific action against any owner or

operator that fails to comply with an

approved MSWLF program.

The EPA Regions will determine

whether a state has submitted an

‘‘adequate’’ program based on the

interpretation outlined above. The EPA

plans to provide more specific criteria

for this evaluation when it proposes the

SIR. The EPA expects state to meet all

of these requirements for all elements of

a MSWLF program before it gives full

approval to a MSWLF program.