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.
44128 Federal Register / Vol. 62, No. 160 / Tuesday, August 19, 1997 / Notices

B. State of Iowa

On February 4, 1997, the Iowa

Department of Natural Resources

submitted an amended application for

full MSWLF permit program approval.

This application follows a September

30, 1993, submittal which did not

satisfy the requirements for the landfill

liner design. Since the original

application, Iowa has adopted

regulations pertaining to financial

assurance, gas monitoring and control,

seismic areas, fault zones, unstable

geologic areas, airport safety, and liners

and caps. The revised regulation for

liner design adopted the language in 40

CFR 258.40(b) for a composite liner

system and allows for approval of an

alternative liner system design provided

that it includes ‘‘certification by a

professional engineer registered in Iowa

stating that the proposed alternative

liner system will ensure that the

contaminant concentration values listed

in Federal regulations under 40 CFR

part 258, subpart D, table 1, will not be

exceeded in the uppermost aquifer at

the designated monitoring points of

compliance as specified by the

department.’’

Iowa does not claim jurisdiction over

Indian Land. Iowa’s program is not

enforceable on Indian lands.

The EPA has reviewed Iowa’s

application, and has made an immediate

final decision that Iowa’s municipal

solid waste landfill permit program

satisfies all the requirements of the SIR

to qualify for full program approval.

Consequently, the EPA intends to grant

full approval of the Iowa program. The

public may submit written comments on

the EPA’s immediate final decision up

until [insert the date 30 days after the

date of publication of this notice].

Copies of Iowa’s application for program

approval are available for inspection

and copying at the locations identified

in the ‘‘ADDRESSES’’ section of this

action.

Approval of Iowa’s municipal solid

waste landfill permitting program shall

become effective [insert the date 60 days

after the date of publication of this

notice], unless an adverse comment

pertaining to the state’s revision

discussed in this notice is received by

the end of the comment period. If an

adverse comment is received the EPA

will publish either: (1) A withdrawal of

the immediate final decision, or (2) a

notice containing a response to

comments which either affirms that the

immediate final decision takes effect or

reverses the decision.

C. Decision

I conclude that Iowa’s application for

full program adequacy determination

meets all of the statutory and regulatory

requirements established by RCRA for

full program adequacy. Accordingly,

Iowa is granted a full program

determination of adequacy for all parts

of its municipal solid waste landfill

permit program.

Section 4005(a) of RCRA provides that

citizens may use the citizen suit

provisions of section 7002 of RCRA to

enforce the Federal MSWLF criteria in

40 CFR part 258 independent of any

state enforcement program. As the EPA

explained in the preamble to the final

MSWLF criteria, the EPA expects that

any owner or operator complying with

provisions in a state program approved

by the EPA should be considered to be

in compliance with the Federal Criteria.

See 56 FR 50978, 50995 (October 9,

1991) as revised by 57 FR 28626 (June

26, 1992), 58 FR 51536 (October 1,

1993), 60 FR 17649 (April 7, 1995), and

60 FR 40104 (August 7, 1995).

Compliance With Executive Order

12866

The Office of Management and Budget

has exempted this notice from the

requirements of section 6 of Executive

Order 12866.

Certification Under the Regulatory

Flexibility Act

Pursuant to the provisions of 5 U.S.C.

605(b), I hereby certify that this final

approval will not have a significant

economic impact on a substantial

number of small entities. It does not

impose any new burdens on small

entities. This notice, therefore, does not

require a regulatory flexibility analysis.

Authority: This notice is issued under the

authority of section 4005 of the Solid Waste

Disposal Act as amended, 42 U.S.C. 6946.

Dated: August 6, 1997.

Martha R. Steincamp,

Acting Regional Administrator.

[FR Doc. 97–21920 Filed 8-18-–97; 8:45 am]

BILLING CODE 6560–50–F

ENVIRONMENTAL PROTECTION

AGENCY

[FRL–5877–7]

Office of Emergency and Remedial

Response Availability of Reports to

Congress on Progress Toward

Implementing Superfund Fiscal Years

1992, 1993, and 1994

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of availability.

SUMMARY: This document announces the

availability of the Agency’s Progress

Toward Implementing Superfund:

Fiscal Year 1992, 1993, and 1994 which

are required by section 301(h) of the

Comprehensive Environmental

Response, Compensation, and Liability

Act of 1980 (CERCLA), as amended by

the Superfund Amendments and

Reauthorization Act of 1986. The

Reports to Congress contain information

on overall progress, and include the

following categories of information

specifically requested in section 301(h)

of CERCLA: feasibility studies, remedial

and enforcement actions; an evaluation

of newly developed and feasible

permanent treatment technologies;

progress in reducing the number of

facilities subject to review under section

121(c) of CERCLA; and an estimate of

resources needed by the Federal

Government to complete CERCLA’s

implementation. The Reports also

include information required by section

105(f) of CERCLA about the

participation of minority firms in

Superfund contracting; and the EPA

Inspector General audit report required

by section 301(h)(3) of CERCLA.

ADDRESSES: Published copies of the

Reports may be purchased by the

public, from the National Technical

Information Service (NTIS) at 5285 Port

Royal Road, Springfield, VA, 22161 (call

703-487–4650). Electronic copies of the

Reports may be downloaded from EPA’s

Web Site (http://www.epa.gov/

superfnd/oerr/accomp/

index.htm#reptocong).

FOR FURTHER INFORMATION CONTACT:

Lynn Beasley, Office of Emergency and

Remedial Response (5204G), U.S.

Environmental Protection Agency, 401

M Street, SW, Washington, DC 20460 or

703–603–9086 or

beasley.lynn@epamail.epa.gov.

Dated: July 11, 1997.

Larry G. Reed,

Deputy Director, Office of Emergency and

Remedial Response.

[FR Doc. 97–21915 Filed 8–18–97; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL RESERVE SYSTEM

Change in Bank Control Notices;

Acquisitions of Shares of Banks or

Bank Holding Companies

The notificants listed below have

applied under the Change in Bank

Control Act (12 U.S.C. 1817(j)) and §

225.41 of the Board’s Regulation Y (12

CFR 225.41) to acquire a bank or bank

holding company. The factors that are

considered in acting on the notices are