Federal Register / Vol. 70, No. 217 / Thursday, November 10, 2005 / Notices 68447 

comment, and it allows EPA to contact 

you if further information on the 

substance of the comment is needed or 

if your comment cannot be read due to 

technical difficulties. EPA’s policy is 

that EPA will not edit your comment, 

and any identifying or contact 

information provided in the body of a 

comment will be included as part of the 

comment placed in the official public 

docket and made available in EPA’s 

electronic public docket. 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. 

i. EDOCKET. Your use of EPA’s 

electronic public docket to submit 

comments to EPA electronically is 

EPA’s preferred method for receiving 

comments. Go directly to EDOCKET at 

http://www.epa.gov/edocket/, and 

follow the online instructions for 

submitting comments. To access EPA’s 

electronic public docket from the EPA 

Internet Home Page, http:// 

www.epa.gov, select ‘‘Information 

Sources,’’ ‘‘Dockets,’’ and ‘‘EDOCKET.’’

Once in the system, select ‘‘search,’’ and 

then key in Docket ID No. ORD–2005–

0023. The system is an anonymous 

access system, which means EPA will 

not know your identity, e-mail address, 

or other contact information unless you 

provide it in the body of your comment. 

ii. E-mail. Comments may be sent by 

electronic mail (e-mail) to 

ORD.Docket@epa.gov, Attention Docket 

ID No. ORD–2005–0023. In contrast to 

EPA’s electronic public docket, EPA’s email system is not an anonymous access 

system. If you send an e-mail comment 

directly to the docket without going 

through EPA’s electronic public docket, 

EPA’s e-mail system automatically 

captures your e-mail address. E-mail 

addresses that are automatically 

captured by EPA’s e-mail system are 

included as part of the comment that is 

placed in the official public docket, and 

made available in EPA’s electronic 

public docket. 

iii. Disk or CD ROM. You may submit 

comments on a disk or CD ROM mailed 

to the mailing address identified in Unit 

I.B.2. These electronic submissions will 

be accepted in Word, WordPerfect or 

rich text files. Avoid the use of special 

characters and any form of encryption. 

2. By Mail. Send your comments to: 

U.S. Environmental Protection Agency, 

ORD Docket, EPA Docket Center (EPA/ 

DC), Mailcode: 28221T, 1200 

Pennsylvania Ave., NW., Washington, 

DC, 20460, Attention Docket ID No. 

ORD–2005–0023. 

3. By Hand Delivery or Courier. 

Deliver your comments to: EPA Docket 

Center (EPA/DC), Room B102, EPA West 

Building, 1301 Constitution Avenue, 

NW., Washington, DC, Attention Docket 

ID No. ORD–2005–0023 (note: this is not 

a mailing address). Such deliveries are 

only accepted during the docket’s 

normal hours of operation as identified 

in Unit I.A.1. 

Dated: November 3, 2005. 

Kevin Y. Teichman, 

Director, Office of Science Policy. 

[FR Doc. 05–22376 Filed 11–9–05; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–7995–1] 

Adequacy of Indiana Municipal Solid 

Waste Landfill Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of Final Determination of 

Adequacy. 

SUMMARY: The U.S. Environmental 

Protection Agency, Region 5 is 

approving a modification to Indiana’s 

approved municipal solid waste landfill 

(MSWLF) permit program. The 

modification allows the State to issue 

research, development and 

demonstration (RD&D) permits to 

owners and operators of MSWLF units 

in accordance with its state law. 

DATES: This final determination is 

effective November 10, 2005. 

FOR FURTHER INFORMATION CONTACT: 

Susan Mooney, mailcode DW–8J, Waste 

Management Branch, U.S. EPA Region 

5, 77 West Jackson Boulevard, Chicago, 

Illinois 60604, telephone (312) 886–

3585, mooney.susan@epa.gov. 

SUPPLEMENTARY INFORMATION: 

A. Background 

On March 22, 2004, EPA issued a 

final rule amending the municipal solid 

waste landfill criteria in 40 CFR part 

258 to allow for research, development 

and demonstration (RD&D) permits. (69 

FR 13242). This 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 only 

available in states with approved 

MSWLF permit programs which have 

been modified to incorporate RD&D 

permit authority. While States are not 

required to seek approval for 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. 

Indiana’s MSWLF permit program 

was approved on October 8, 1996 (61 FR 

52791). On May 11, 2005, Indiana 

applied for approval of its RD&D permit 

provisions. On July 26, 2005, EPA 

published a proposed determination of 

adequacy (70 FR 43105) of Indiana’s 

RD&D permit requirements. The notice 

provided a public comment period that 

ended on August 25, 2005. EPA 

received two comments on the proposed 

adequacy determination. One comment 

supported the proposed determination 

and one comment expressed concerns. 

B. Response to Comment 

The adverse commenter urged EPA 

not to approve Indiana’s or any state’s 

application to modify its approved 

MSWLF permit program to add RD&D 

permit authority, because of a pending 

legal challenge to the EPA’s rule 

amending 40 CFR part 258 to allow for 

RD&D variances (GrassRoots Recycling 

Network v. EPA, No. 04–1196 (D.C. 

Cir.)). EPA does not agree that the 

pending legal challenge prevents 

implementation of the RD&D rule. The 

existence of a petition for review does 

not, by itself, suspend implementation 

of the RD&D rule. The commenter also 

opposes modification of the state 

program in order to preserve state 

resources. It is the State’s, not EPA’s, 

decision to implement the RD&D rule 

during the pendency of the legal 

challenge, and Indiana has decided to 

seek approval of its permit program 

modification even with the knowledge 

of the pending case. 

In sum, the comment did not address 

either the substance or adequacy of 

Indiana’s RD&D permit requirements, or 

the basis of EPA’s proposed decision to 

approve those requirements. EPA has 

concluded that the comment is not a 

basis for disapproving Indiana’s permit 

program modification. 

C. Decision 

After a thorough review, EPA Region 

5 has determined that Indiana’s RD&D 

permit provisions as defined under 329 

IAC 10–11–6.5 are adequate to ensure 

compliance with the Federal criteria as 

defined at 40 CFR 258.4. 

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: October 28, 2005. 

Bharat Mathur, 

Acting Regional Administrator, Region 5. 

[FR Doc. 05–22380 Filed 11–9–05; 8:45 am] 

BILLING CODE 6560–50–P