16804 Federal Register / Vol. 62, No. 67 / Tuesday, April 8, 1997 / Notices

DEPARTMENT OF ENERGY

Federal Energy Regulatory

Commission

[Project No. 11499–000 Tennessee]

Armstrong Energy Resources; Notice

of Extension of Time to File Scoping

Comments

April 2, 1997.

The Federal Energy Regulatory

Commission (FERC) and Tennessee

Valley Authority (TVA) jointly

conducted a second public scoping

meeting for Armstrong Energy

Resources’ revised proposal on March 4,

1997. At that meeting, and in the

revised scoping document I and notice

of public scoping meeting, issued

February 3, 1997, FERC and TVA set the

deadline date for filing comments in

response to the revised scoping

document I at March 31, 1997.

By this notice, the deadline date for

filing comments in response to revised

scoping document I is extended to April

30, 1997. Any comments previously

expressed on scoping document I will

be considered and need not be repeated.

Scoping comments are to be filed with

the Secretary, Federal Energy Regulatory

Commission, 888 First Street, NE.,

Washington, DC 20426, and with Linda

Oxendine, Senior Specialist, Tennessee

Valley Authority, 400 West Summit Hill

Drive, WT8C–K, Knoxville, TN 37902.

All written correspondence should

clearly show the following captions on

the first page: Laurel Branch Pumped

Storage Project, FERC Project No.

11499–000.

FOR FURTHER INFORMATION, please

contact Eddie R. Crouse, FERC, (202)

219–2794, or Linda Oxendine, TVA,

(423) 632–3440.

Lois D. Cashell,

Secretary.

[FR Doc. 97–8887 Filed 4–7–97; 8:45 am]

BILLING CODE 6717–01–M

DEPARTMENT OF ENERGY

Western Area Power Administration

Notice of Public Information/Comment

Meetings on Proposal to Extend

Electric Power Resource Commitments

to Contractors of the Salt Lake City

Area Integrated Projects by

Application of the Energy Planning and

Management Program Power

Marketing Initiative

AGENCY: Western Area Power

Administration, DOE.

ACTION: Notice of meetings.

SUMMARY: Western Area Power

Administration (Western) published its

proposal to apply the Energy Planning

and Management Program Power

Marketing Initiative to the Salt Lake City

Area Integrated Projects on February 26,

1997 (62 FR 8709). At that time,

Western stated that four public

information/comment meetings would

be held. These meetings have now been

scheduled.

DATES: Information comment meetings

will be held:

1. April 16, 1997, 1:30 p.m., Sandy,

Utah

2. April 23, 1997, 9 a.m., Golden,

Colorado

3. April 24, 1997, 9 a.m., Albuquerque,

New Mexico

4. April 25, 1997, 9 a.m., Phoenix,

Arizona

ADDRESSES: The locations of the

meetings are:

1. Sandy—Utah Associated Municipal

Power Systems, 8722 South 300 West,

Sandy, Utah.

2. Golden—Marriott Denver West, 1717

Denver West Boulevard, Golden,

Colorado

3. Albuquerque—United States

Department of Energy, Albuquerque

Operations Office Training Complex,

1401 Maxwell Street, Kirtland Air

Force Base West, Albuquerque, New

Mexico

4. Phoenix—Western Area Power

Administration, Desert Southwest

Region, 615 South 43rd Avenue,

Phoenix, Arizona.

SUPPLEMENTARY INFORMATION: Western

will accept written comments on or

before May 27, 1997. Comments may be

submitted to: Mr. Dave Sabo, Colorado

River Storage Project Manager, Western

Area Power Administration, P.O. Box

11606, Salt Lake City, UT 84147–0606.

Issued at Golden, Colorado, March 27,

1997.

J. M. Shafer,

Administrator.

[FR Doc. 97–8931 Filed 4–7–97; 8:45 am]

BILLING CODE 6450–01–P

ENVIRONMENTAL PROTECTION

AGENCY

[FRL–5806–1]

Michigan: Final Determination of

Adequacy of State Municipal Solid

Waste Landfill Permit Program

AGENCY: Environmental Protection

Agency.

ACTION: Notice of final determination of

adequacy for Michigan’s amended

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 (MSWLFs) which may

receive household hazardous 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

United States Environmental Protection

Agency (U.S. EPA) to determine

whether States have adequate ‘‘permit’’

programs for MSWLFs, but does not

mandate issuance of a rule governing

such determinations. The U.S. EPA has

proposed a State/Tribal Implementation

Rule (SIR) (61 FR 2584, January 26,

1996) that provides procedures by

which the U.S. 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, these approvals are not dependent

on final promulgation of the SIR. Prior

to final promulgation of the SIR,

adequacy determinations will be made

based on statutory authorities and

requirements. In addition, States may

use the proposed 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 States with

approved permit programs can use the

site-specific flexibility provided by 40

CFR part 258 to the extent the State

permit program allows such flexibility.

Michigan applied for a partial

program determination of adequacy

under Section 4005 of RCRA on October

6, 1993. The U.S. EPA reviewed

Michigan’s application and made a final

partial program determination of

adequacy on March 10, 1994 (59 FR

11268, March 10, 1994) for those

portions of the MSWLF permit program

that were adequate to ensure

compliance with the revised Federal

MSWLF Criteria. Michigan amended its

original application and applied for

approval of the remaining portion of its

program on March 3, 1997. The U.S.

EPA reviewed Michigan’s amended

application and today is issuing a

tentative determination of adequacy for

the remaining portion of Michigan’s

MSWLF permit program relating to

financial assurance requirements.

Michigan’s amended application is
Federal Register / Vol. 62, No. 67 / Tuesday, April 8, 1997 / Notices 16805

available for public review and

comment. The tentative determination

will become final and effective sixty

(60) days following the date of this

publication if no adverse comments are

received.

DATES: All comments on Michigan’s

amended application for a

determination of adequacy must be

received by the U.S. EPA Region 5 by

the close of business on May 8, 1997.

The determination of adequacy for

Michigan shall be effective on June 9,

1997, unless adverse comments are

received. If adverse comments are

received, a second Federal Register

Notice will be published describing

these comments and the U.S. EPA’s

responses to the comments and decision

on final adequacy.

ADDRESSES: Copies of Michigan’s

amended application for a

determination of adequacy for the

financial assurance requirements are

available for inspection and copying

from 9 AM to 4 PM during normal

working days at the following addresses:

Michigan Department of Environmental

Quality, Hollister Building—1st Floor,

Lansing, Michigan, 48909, Attn: Mr. Jim

Sygo; and U.S. EPA Region 5, 77 West

Jackson Boulevard, Chicago, Illinois

60604, Attn: Mr. Paul Ruesch, mail code

DRP–8J. All written comments should

be sent to the U.S. EPA Region 5 Office.

FOR FURTHER INFORMATION CONTACT: U.S.

EPA Region 5, 77 West Jackson

Boulevard, Chicago, Illinois, 60604

Attn: Mr. Paul Ruesch, mail code DRP–

8J, telephone (312) 886–7598.

SUPPLEMENTARY INFORMATION:

A. Background

On October 9, 1991, the U.S. EPA

promulgated revised Federal MSWLF

Criteria (40 CFR Part 258). Subtitle D of

RCRA, as amended by the Hazardous

and Solid Waste Amendments of 1984

(HSWA), requires States to develop

permitting programs to ensure that

facilities comply with the revised

Federal Criteria. Subtitle D also requires

in section 4005 that the U.S. EPA

determine the adequacy of State

municipal solid waste landfill permit

programs to ensure that facilities

comply with the revised Federal

MSWLF Criteria. To fulfill this

requirement, the Agency has proposed

the State/Tribal Implementation Rule

(SIR). The rule will specify the

requirements which State programs

must satisfy to be determined adequate.

The U.S. EPA will review the State’s

requirements to determine whether they

are ‘‘adequate’’ under section

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

B. State of Michigan

On October 6, 1993, Michigan

submitted an application to obtain a

partial program adequacy determination

for the State’s municipal solid waste

landfill permit program. On March 10,

1994, the U.S. EPA published a final

determination of adequacy for

Michigan’s program. Further

background on the final partial program

determination of adequacy appears at 59

FR 11268, March 10, 1994.

On March 3, 1997, Michigan amended

its October 6, 1993, application to apply

for approval of the remaining portion of

its program, specifically the financial

assurance requirements. The amended

application includes a description of the

changes made to Michigan’s MSWLF

permit program since the partial

program approval.

The U.S. EPA has reviewed

Michigan’s amended application and

has determined that the State’s revised

MSWLF permit program will satisfy the

financial assurance portions of the

revised Federal Criteria. Specifically,

Michigan has adequately addressed

those portions of its MSWLF permit

program that were not approved in the

partial determination of adequacy in

March 1994. The U.S. EPA has

determined that the State’s revised

MSWLF permit program will ensure

adequacy with the financial assurance

requirements (40 CFR 258.70, 258.71,

258.72, 258.73, 258.74).

C. Decision

After reviewing the amended

application, I conclude that Michigan’s

application for a determination of

adequacy for financial assurance

requirements meets all of the statutory

and regulatory requirements established

by Subtitle D of RCRA. Accordingly, the

U.S. EPA is granting a determination of

adequacy for the portion of Michigan’s

MSWLF permit program relating to

financial assurance requirements.

Section 4005(a) of RCRA provides that

citizens may use the citizen suit

provisions of section 7002 of RCRA to

enforce the revised Federal MSWLF

criteria in 40 CFR part 258 independent

of any State enforcement program. As

the U.S. EPA explained in the preamble

to the revised Federal MSWLF Criteria,

the U.S. EPA expects that any owner or

operator complying with provisions in a

State program approved by the U.S. EPA

should be considered to be in

compliance with the revised Federal

MSWLF Criteria. See 56 FR 50978,

50995 (October 9, 1991).

Today’s action takes effect 60 days

after the date of publication if no

adverse comments are received.

The U.S. EPA wishes to note that it

presently has pending before it a

request, submitted in a letter dated June

14, 1996, by the Michigan

Environmental Council (MEC), to revoke

Michigan’s National Pollution Discharge

Elimination System (NPDES) and

Prevention of Significant Deterioration

(PSD) program approvals, not grant

additional program delegations and not

grant program approval for Boiler and

Industrial Furnace revisions under

RCRA. This request is based upon

Michigan’s recent enactment of Public

Act 132 of 1996, which establishes

certain environmental audit privilege

and immunity provisions in the State’s

natural resources and environmental

protection code. In response to the

request, the U.S. EPA is currently in the

process of reviewing Public Act 132 of

1996 and its potential impact on

Michigan’s federally delegated,

approved and authorized programs,

including RCRA.

The U.S. EPA’s proposed action today

only addresses Michigan’s MSWLF

permit program financial assurance

requirements. The U.S. EPA’s decision

to grant Michigan’s application for a

determination of adequacy for these

requirements does not express any

viewpoint on the question of whether

there are legal deficiencies in

Michigan’s RCRA program resulting

from Public Act 132 of 1996. The U.S.

EPA will subsequently address the

issues raised by MEC regarding Public

Act 132 of 1996 in responding to the

MEC request.

Executive Order 12866

The Office of Management and Budget

has exempted this action from the

requirements of section 6 of Executive

Order 12866.

Unfunded Mandates Reform Act

Title II of the Unfunded Mandates

Reform Act of 1995 (UMRA), Public

Law 104–4, establishes requirements for

Federal agencies to assess the effects of

their regulatory actions on State, local,

and tribal governments and the private

sector. Under section 202 of the UMRA,

the U.S. EPA generally must prepare a

written statement, including a costbenefit analysis, for proposed and final

rules with ‘‘Federal mandates’’ that may

result in expenditures to State, local,

and tribal governments, in the aggregate,

or to the private sector, of $100 million

or more in any one year.

Today’s proposal contains no Federal

mandates (under the regulatory

provisions of Title II of the UMRA) for

State, local, or tribal governments or the

private sector. Today’s proposal would

merely acknowledge the adequacy of a
16806 Federal Register / Vol. 62, No. 67 / Tuesday, April 8, 1997 / Notices

portion of an existing State program.

The U.S. EPA has determined that this

proposal would not contain any Federal

mandate that may result in expenditures

of $100 million or more for State, local,

and tribal governments, in the aggregate,

or the private sector in any one year.

Therefore, today’s proposal is not

subject to the requirements of section

202 of the UMRA.

Before the U.S. EPA establishes any

regulatory requirements that may

significantly or uniquely affect small

governments, including tribal

governments, it must have developed

under section 203 of the UMRA a small

government agency plan. The plan must

provide for notifying potentially

affected small governments, enabling

officials of affected small governments

to have meaningful and timely input in

the development of the U.S. EPA

regulatory proposals with significant

Federal intergovernmental mandates,

and informing, educating, and advising

small governments on compliance with

the regulatory requirements. Because

today’s proposal would merely

acknowledge the adequacy of a portion

of an existing approved State program,

the U.S. EPA has determined that this

proposal contains no regulatory

requirements that might significantly or

uniquely affect small governments.

Regulatory Flexibility Act

The Regional Administrator today

certifies, pursuant to section 605(b) of

the RFA, that a determination of

adequacy for Michigan’s MSWLF permit

program financial assurance

requirements will not have a significant

impact on a substantial number of small

entities. It does not impose any new

burdens on small entities in the State of

Michigan. This rule, therefore, does not

require a regulatory flexibility analysis.

Submission to Congress and the General

Accounting Office

Under 5 U.S.C. 801(a)(1)(A) as added

by the Small Business Regulatory

Enforcement Fairness Act of 1996, the

U.S. EPA submitted a report containing

this rule and other required information

to the U.S. Senate, the House of

Representatives and the Comptroller

General of the General Accounting

Office prior to publication of this rule in

today’s Federal Register. This rule is

not a ‘‘major rule’’ as defined by 5

U.S.C. 804(2).

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: March 28, 1997.

Valdas V. Adamkus,

Regional Administrator.

[FR Doc. 97–8672 Filed 4–7–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

[FRL–5807–1]

Water Pollution Control; Program

Application by North Carolina to

Administer the Sludge Management

(Biosolids) Program

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of application and public

comment period.

SUMMARY: Pursuant to 40 CFR 501.31,

the State of North Carolina has

submitted an application for EPA to

approve the existing North Carolina

Domestic Waste Permit program for

authorization to administer and enforce

the federal sewage sludge management

(biosolids) program. According to the

State’s proposal, this program would be

administered by the North Carolina

Department of Environment, Health and

Natural Resources (NCDEHNR).

The application from North Carolina

is complete and is available for

inspection and copying. Persons

wishing to comment upon or object to

any aspects of the application from

North Carolina or wishing to request a

public hearing, are invited to submit the

same in writing within thirty (30) days

of this notice to the Office of

Environmental Assessment,

Environmental Protection Agency

Region 4, 61 Forsyth Street, S.W.,

Atlanta, Georgia 30303–3104,

ATTENTION: Ms. Lena Scott. The

public notice number and reference to

the program application by North

Carolina to administer the sludge

management (biosolids) program should

be included in the first page of

comments.

FOR FURTHER INFORMATION CONTACT: Mr.

Roosevelt Childress, Chief, Surface

Water Permits Section, telephone (404)

562–9279, or Mr. Vince Miller, EPA

Region 4 Sludge Management

Coordinator, telephone (404) 562–9312,

or write to the following address: Water

Management Division, Surface Water

Permits Section, U.S. EPA, Region 4,

Atlanta Federal Center, 61 Forsyth

Street, S.W., Atlanta, Georgia 30303–

3104.

SUPPLEMENTARY INFORMATION: Section

405 of the Clean Water Act (CWA), 33

U.S.C. Section 1345, created the sludge

management program, allowing EPA to

issue permits for the disposal of sewage

sludge under conditions required by the

CWA. Section 405(c) of the CWA

provides that a state may submit an

application to EPA for administering its

own program for issuing sewage sludge

permits within its jurisdiction. EPA is

required to approve each such

submitted state program unless EPA

determines that the program does not

meet the requirements of the EPA

regulations implementing those

sections.

North Carolina’s application for

sludge management program approval

contains a letter from the Governor

requesting program approval, an

Attorney General’s Statement, copies of

pertinent State statutes and regulations,

the NCDEHNR Program Description,

and a draft NCDEHNR/EPA

Memorandum of Agreement (MOA).

Septage

EPA understands that North

Carolina’s application is not intended to

include federal septage management

program activities within the State. EPA

will retain authority for administering

the federal septage management

program within the State of North

Carolina until such time that the State

receives federal authorization.

Indian Tribes

The term ‘‘Indian Tribe’’ is defined

under the Act as ‘‘any Indian Tribe,

band, nation, or other organized group

of community, including any Alaskan

Native village, which is federally

recognized as eligible for the special

programs, and services provided by the

United States to Indians because of their

status as Indians.’’ EPA notes that North

Carolina’s application does not, nor

does it intend to, include management

of sewage sludge on lands within Indian

Country. EPA will retain authority for

administering the federal sewage sludge

management program within Indian

Country.

Availability of State Submittal

North Carolina’s submittal may be

reviewed by the public from 8:00 a.m.

to 4:00 p.m., Monday through Friday,

excluding holidays, at the North

Carolina Department of Environment,

Health, and Natural Resources, Division

of Water Quality; 512 North Salisbury

Street, Raleigh, North Carolina 27604–

1148 or at the EPA Regional Office in

Atlanta, Georgia, at the address

appearing earlier in this notice.

Copies of the submittal may be

obtained at a cost of $0.25 per page by

check made payable to the North

Carolina Department of Environment,