32434 Federal Register / Vol. 61, No. 122 / Monday, June 24, 1996 / Notices

OMB No. 2060–0060; (EPA ICR No.

116.05) expiring 07/31/96. This is a

request for extension of a currently

approved collection.

Abstract: The information required is

the minimal necessary to ensure that the

part to be certified actually performs as

required. Without this information EPA

would have no way to control and audit

fraudulent or marginal submissions. If

no information was collected at the time

of testing, there would be no means of

showing later that the part was properly

designed, since information is only

collected when the part is tested to be

certified. EPA would not be able to

control the self- certification of parts

and this could, therefore, result in

certified parts that cause vehicles to fail

emissions standards.

The information collected is part of

the requirement of Section 207(a) of the

Clean Air Act, and as described in 40

CFR Part 85, Subpart V. This is a

voluntary certification program and

there is no requirement that any

manufacturer participate.

An agency may not conduct or

sponsor, and a person is not required to

respond to, a collection of information

unless it displays a currently valid OMB

control number. The OMB control

numbers for EPA’s regulations are listed

in 40 CFR Part 9 and 48 CFR Chapter

15. The Federal Register Notice

required under 5 CFR 1320.8(d),

soliciting comments on this collection

of information was published on 03/4/

96 (61 FR 8272); no comments were

received.

Burden Statement: The annual public

reporting and recordkeeping burden for

this collection of information is

estimated to average 8 hours per

response. Burden means the total time,

effort, or financial resources expended

by persons to generate, maintain, retain,

or disclose or provide information to or

for a Federal agency. This includes 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.

Respondent/Affected Entities: Parties

potentially affected by this action are

automotive manufacturers and builders

of automotive aftermarket parts.

Estimated Number of Respondents: 2.

Estimated Total Annual Hour Burden:

1722 hours.

Send comments on the Agency’s need

for this information, the accuracy of the

provided burden estimates, and any

suggested methods for minimizing

respondent burden, including through

the use of automated collection

techniques to the following address.

Please refer to EPA ICR No. 116.05 and

OMB Control No. 2060–0060 in any

correspondence.

Ms. Sandy Farmer, U.S. Environmental

Protection Agency, OPPE Regulatory

Information Division (2137), 401 M

Street, SW., Washington, DC 20460

and

Office of Management and Budget,

Attention: Desk Officer for EPA, 725

17th Street, NW., Washington, DC

20503

Dated: June 18, 1996.

Joseph Retzer,

Director, Regulatory Information Division.

[FR Doc. 96–16014 Filed 6–21–96; 8:45 am]

BILLING CODE 6560–50–P

[FRL–5525–7]

Kansas; Final Full Program

Determination of Adequacy of State/

Tribal Municipal Solid Waste Landfill

Permit Program

AGENCY: Environmental Protection

Agency.

ACTION: Notice of immediate final

program determination of adequacy on

Kansas’ 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 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/Tribal Implementation Rule (STIR)

that will provide procedures by which

the EPA will approve, or partially

approve, State/Tribal landfill permit

programs. The Agency intends to

approve adequate State/Tribal MSWLF

permit programs as applications are

submitted. Thus the approvals are not

dependent on final promulgation of the

STIR. Prior to promulgation of the STIR,

adequacy determinations will be made

based on the statutory authorities and

requirements. In addition, States/Tribes

may use the draft STIR as an aid in

interpreting these requirements. The

Agency believes that early approvals

have an important benefit. Approved

State/Tribal permit programs provide

for interaction between the State/Tribe

and the owner/operator regarding sitespecific permit conditions. Only those

owners/operators located in State/Tribes

with approved permit programs can use

the site-specific flexibility provided by

40 CFR part 258 to the extent the State/

Tribal permit program allows such

flexibility. The EPA notes that

regardless of the approval status of a

State/Tribe and the permit status of any

facility, the federal criteria under 40

CFR part 258 will apply to all permitted

and unpermitted MSWLF facilities.

Kansas applied for a determination of

adequacy under section 4005 of RCRA.

The EPA reviewed Kansas’ application

and has made a decision, subject to

public review and comment, that

Kansas’ municipal solid waste landfill

permit program satisfies all of the

requirements necessary to qualify for

final authorization. Thus, EPA is

approving Kansas’ MSWLF permit

program.

EFFECTIVE DATE: The determination of

adequacy for Kansas shall be effective

on August 23, 1996, unless EPA

publishes a prior Federal Register

action withdrawing this immediate final

rule. All comments on Kansas’ program

revision application must be received by

the close of business July 24, 1996.

ADDRESSES: Copies of Kansas’

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: Kansas Department of Health

and Environment, Forbes Field,

Building 740, Topeka, Kansas 66620–

0001, Attn: Mr. Kent Foerster, telephone

913–296–1600; and U.S. EPA Region VII

Library, 726 Minnesota Avenue, Kansas

City, Kansas 66101, Phone: 913–551–

7241.

FOR FURTHER INFORMATION CONTACT: Ms.

Althea M. Moses, 726 Minnesota Ave.,

Kansas City, Kansas 66101; (913) 551–

7055.

SUPPLEMENTARY INFORMATION:

A. Background

On October 9, 1991, the EPA

promulgated 40 CFR part 258 for

MSWLFs. Subtitle D of RCRA, as

amended by the Hazardous and Solid

Waste Amendments of 1984 (HSWA),
Federal Register / Vol. 61, No. 122 / Monday, June 24, 1996 / Notices 32435

requires States to develop permitting

programs to ensure that facilities

comply with the Federal Criteria under

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 the 40 CFR part 258. To

fulfill this requirement, the Agency has

drafted and is in the process of

proposing a State/Tribal

Implementation Rule (STIR). The rule

will specify the requirements which

State/Tribal programs must satisfy to be

determined adequate.

The EPA intends to propose in the

STIR to allow partial approval if: (1) The

Regional Administrator determines that

the State/Tribal 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/Tribal permit program are

needed to meet these requirements; and

(3) provisions not included in the

partially approved portions of the State/

Tribal permit program are a clearly

identifiable and separable subset of 40

CFR part 258. As a State’s/Tribe’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/

Tribe may submit an amended

application to 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/Tribal MSWLF permit program

affected and providing an opportunity

to comment for a period of 30 days. The

adequacy determination will become

effective sixty (60) days following

publication if no adverse comments are

received. If 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/Tribal

requirements to determine whether they

are ‘‘adequate’’ under section

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

interprets the requirements for States or

Tribes to develop ‘‘adequate’’ programs

for permits or other forms of prior

approval to impose several minimum

requirements. First, each State/Tribe

must have enforceable standards for

new and existing MSWLFs that are

technically comparable to 40 CFR part

258. Next, the State/Tribe 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/Tribe 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/Tribe 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/Tribe 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

STIR. The EPA expects State/Tribes to

meet all of these requirements for all

elements of a MSWLF program before it

gives full approval to a MSWLF

program.

B. State of Kansas

On November 8, 1994, the Kansas

Department of Health and Environment

submitted an amended application for

full MSWLF permit program approval.

This application follows an August 19,

1993 submittal on which EPA approved

all portions of Kansas’ program with the

exception that EPA reserved for Federal

enforcement of the following facilities:

(1) New units accepting less than 100

tons per day (tpd) of solid waste; (2)

existing units or new units which are

listed on the National Priorities List

(NPL); (3) existing units which have

accepted less than 100 tpd of solid

waste prior to October 9, 1993 and

accept greater than 100 tpd during the

period from October 9, 1993 to April 4,

1994. It was established that all such

units, in accordance with the Federal

requirements at 40 CFR part 258.1(f), are

subject to a compliance date of October

9, 1993 and are not eligible for a

compliance date extension to April 9,

1994. Kansas has since revoked K.A.R.

28–29–99. Further background on the

final partial program determination of

adequacy is located at 58 FR 52302

(October 7, 1993).

Kansas does not claim jurisdiction

over Indian Land. Kansas’ program is

not enforceable on Indian lands.

The EPA has reviewed Kansas’

application, and has made an immediate

final decision that Kansas’ municipal

solid waste landfill permit program

satisfies all the requirements of the

State/Tribal Implementation Rule to

qualify for full program approval.

Consequently, EPA intends to grant full

approval of the Kansas program. The

public may submit written comments on

EPA’s immediate final decision up until

July 24, 1996. Copies of Kansas’

application for program approval are

available for inspection and copying at

the locations identifies in the ADDRESSES

section of this action.

Approval of Kansas’ municipal solid

waste landfill permitting program shall

become effective August 23, 1996,

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 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 Kansas’ application

for full program adequacy determination

meets all of the statutory and regulatory

requirements established by RCRA for

full program adequacy. Accordingly,

Kansas 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/Tribal 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/

Tribal program approved by the EPA

should be considered to be in

compliance with the Federal Criteria.

See 56 FR 50978, 50995 (October 9,

1991).

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.
32436 Federal Register / Vol. 61, No. 122 / Monday, June 24, 1996 / Notices

Dated: June 11, 1996.

Dennis Grams,

Regional Administrator.

[FR Doc. 96–16010 Filed 6–21–96; 8:45 am]

BILLING CODE 6560–50–P

[FRL–5525–9]

Nebraska; Final Full Program

Determination of Adequacy of State/

Tribal Municipal Solid Waste Landfill

Permit Program

AGENCY: Environmental Protection

Agency.

ACTION: Notice of immediate final

program determination of adequacy on

Nebraska’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 (MSWLFs) 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/Tribal Implementation Rule (STIR)

that will provide procedures by which

the EPA will approve, or partially

approve, State/Tribal landfill permit

programs. The Agency intends to

approve adequate State/Tribal MSWLF

permit programs as applications are

submitted. Thus the approvals are not

dependent on final promulgation of the

STIR. Prior to promulgation of the STIR,

adequacy determinations will be made

based on the statutory authorities and

requirements. In addition, States/Tribes

may use the draft STIR as an aid in

interpreting these requirements. The

Agency believes that early approvals

have an important benefit. Approved

State/Tribal permit programs provide

for interaction between the State/Tribe

and the owner/operator regarding sitespecific permit conditions. Only those

owners/operators located in State/Tribes

with approved permit programs can use

the site-specific flexibility provided by

40 CFR part 258 to the extent the State/

Tribal permit program allows such

flexibility. The EPA notes that

regardless of the approval status of a

State/Tribe and the permit status of any

facility, the federal criteria under 40

CFR part 258 will apply to all permitted

and unpermitted MSWLF facilities.

Nebraska applied for a determination

of adequacy under section 4005 of

RCRA. The EPA reviewed Nebraska’s

application and has made a decision,

subject to public review and comment,

that Nebraska’s municipal solid waste

landfill permit program satisfies all of

the requirements necessary to qualify

for final authorization. Thus, EPA is

approving Nebraska’s MSWLF permit

program.

EFFECTIVE DATE: The determination of

adequacy for Nebraska shall be effective

on August 23, 1996, unless EPA

publishes a prior Federal Register

action withdrawing this immediate final

rule. All comments on Missouri’s

program revision application must be

received by the close of business July

24, 1996, unless.

ADDRESSES: Copies of Nebraska’s

application for MSWLF permit program

approval are available for inspection

and copying from 8 a.m. to 4:30 p.m.,

Monday through Friday at the following

addresses: Office of Public Affairs,

Atrium Building, Suite 400, 1200 N

Street, Lincoln, Nebraska 68509 Attn:

Mr. Joseph Francis, telephone 402–471–

4210; and U.S. EPA Region VII Library,

726 Minnesota Avenue, Kansas City,

Kansas 66101, Phone: 913–551–7241.

FOR FURTHER INFORMATION CONTACT: Ms.

Althea` M. Moses, 726 Minnesota Ave.,

Kansas City, Kansas 66101; (913) 551–

7055.

SUPPLEMENTARY INFORMATION:

A. Background

On October 9, 1991, the EPA

promulgated 40 CFR part 258 for

MSWLFs. 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 Federal Criteria under

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 the 40 CFR part 258. To

fulfill this requirement, the Agency has

drafted and is in the process of

proposing a State/Tribal

Implementation Rule (STIR). The rule

will specify the requirements which

State/Tribal programs must satisfy to be

determined adequate.

The EPA intends to propose in the

STIR to allow partial approval if: (1) The

Regional Administrator determines that

the State/Tribal 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/Tribal permit program are

needed to meet these requirements; and

(3) provisions not included in the

partially approved portions of the State/

Tribal permit program are a clearly

identifiable and separable subset of 40

CFR part 258. As a State’s/Tribe’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/

Tribe may submit an amended

application to 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/Tribal MSWLF permit program

affected and providing an opportunity

to comment for a period of 30 days. The

adequacy determination will become

effective sixty (60) days following

publication if no adverse comments are

received. If 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/Tribal

requirements to determine whether they

are ‘‘adequate’’ under section

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

interprets the requirements for States or

Tribes to develop ‘‘adequate’’ programs

for permits or other forms of prior

approval to impose several minimum

requirements. First, each State/Tribe

must have enforceable standards for

new and existing MSWLFs that are

technically comparable to 40 CFR part

258. Next, the State/Tribe 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/Tribe 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/Tribe 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/Tribe 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

STIR. The EPA expects State/Tribes to

meet all of these requirements for all

elements of a MSWLF program before it