Adequacy of Indiana Municipal Solid Waste Landfill Program, 43105-43106 [05-14734]

Download as PDF Federal Register / Vol. 70, No. 142 / Tuesday, July 26, 2005 / Proposed Rules unidentified inmates, or for no expressed reason. (d) Staff concern. Based on evidence, staff believe your safety may be seriously jeopardized by placement in the general population. § 541.28 How will my placement in the SHU as a protection case be reviewed? (a) Staff investigation. Whenever you are placed in the SHU as a protection case, whether requested by you or staff, an investigation will occur to verify the reasons for your placement. (b) Inmate consents. If you consent to placement in the SHU as a protection case, you will be reviewed as an ordinary administrative detention case so long as reasons exist to support your placement, or while an investigation is pending to verify the reasons for your placement. (c) Inmate contests. If you contest your placement in the SHU as a protection case, you will receive a hearing according to the procedural requirements of § 541.26(b) within seven calendar days of your placement. Additionally, if you feel at any time your placement in the SHU as a protection case is unnecessary, you may request a hearing under this section. If you remain in administrative detention status following such a hearing, you will be periodically reviewed as an ordinary administrative detention case under § 541.26. § 541.29 What happens if staff verify my need for protection? If a staff investigation verifies your need for placement in the SHU as a protection case, you may remain in the SHU or be transferred to another institution where your status as a protection case may not be necessary, at the Warden’s discretion. § 541.30 What happens if staff cannot verify my status as a protection case? If a staff investigation fails to verify your need for placement in the SHU as a protection case, you will be instructed to return to the general population. If you refuse to return to the general population under these circumstances, you may be subject to disciplinary action. § 541.31 What are the conditions of confinement in the SHU? Your living conditions in the SHU will meet or exceed standards for healthy and humane treatment, including, but not limited to, the following specific conditions: (a) Environment. Your living quarters will be well-ventilated, adequately lighted, appropriately heated, and maintained in a sanitary condition. VerDate jul<14>2003 23:06 Jul 25, 2005 Jkt 205001 (b) Cell Occupancy. Your living quarters will ordinarily house only the amount of occupants for which it is designed. The Warden, however, may authorize more occupants so long as adequate standards can be maintained. (c) Clothing. You will receive adequate institution clothing, including footwear, while housed in the SHU. You will be provided necessary opportunities to exchange clothing and/ or have it washed. (d) Bedding. You will receive a mattress, blankets, a pillow, and linens for sleeping. You will receive necessary opportunities to exchange linens. (e) Food. You will receive nutritionally adequate meals. (f) Personal hygiene. You will have access to a wash basin and toilet. You will receive personal items necessary to maintain an acceptable level of personal hygiene, for example, toilet tissue, soap, toothbrush and cleanser, shaving utensils, etc. You will ordinarily have an opportunity to shower and shave at least three times per week. You will have access to hair care services as necessary. (g) Exercise. You will receive the opportunity to exercise outside your individual quarters at least five hours per week, ordinarily on different days in one-hour periods. You can be denied these exercise periods for a week at a time by order of the Warden if it is determined that your use of exercise privileges threatens safety, security, and orderly operation of a correctional facility, or public safety. (h) Personal property. In either status, your amount of personal property may be limited for reasons of fire safety or sanitation. (1) In administrative detention status you are ordinarily allowed a reasonable amount of personal property and access to the commissary. (2) In disciplinary segregation status your personal property will be impounded, with the exception of limited reading/writing materials, and religious articles. Also, your commissary privileges may be limited. (i) Correspondence. You will receive correspondence privileges according to Part 540, Subpart B. (j) Telephone. You will receive telephone privileges according to Part 540, Subpart I. (k) Visiting. You will receive visiting privileges according to Part 540, Subpart D. (l) Legal Activities. You will receive an opportunity to perform personal legal activities according to Part 543, Subpart B. PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 43105 (m) Staff monitoring. You will be monitored by staff assigned to the SHU, including program and unit team staff. (n) Programming Activities. In administrative detention status, you will have access to programming activities to the extent safety, security, orderly operation of a correctional facility, or public safety are not jeopardized. In disciplinary segregation status, your participation in programming activities, e.g., educational programs, may be suspended. (o) Administrative remedy program. You can submit a formal grievance challenging any aspect of your confinement in the SHU through the Administrative Remedy Program, 28 CFR part 542, subpart B. § 541.32 What medical and mental health care will I receive in the SHU? (a) Medical Care. A health services staff member will visit you daily to provide necessary medical care. Emergency medical care is always available. (b) Mental Health Care. After every 30 calendar days of continuous placement in either administrative detention or disciplinary segregation status, mental health staff will examine you, including a personal interview. Emergency mental health care is always available. § 541.33 SHU? When will I be released from the (a) Administrative detention status. You will be released from administrative detention status when the reasons for your placement no longer exist. (b) Disciplinary segregation status. You will be released from disciplinary segregation status after satisfying the sanction imposed by the DHO. The SRO may release you earlier if it is determined you no longer require disciplinary segregation status. [FR Doc. 05–14637 Filed 7–25–05; 8:45 am] BILLING CODE 4410–05–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 239 and 258 [FRL–7940–9] Adequacy of Indiana Municipal Solid Waste Landfill Program Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: SUMMARY: The Environmental Protection Agency (EPA) Region 5 is proposing to approve a modification to Indiana’s E:\FR\FM\26JYP1.SGM 26JYP1 43106 Federal Register / Vol. 70, No. 142 / Tuesday, July 26, 2005 / Proposed Rules 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: All Comments on Indiana’s application for approval of its research, development and demonstration permit modification must be received by U.S. EPA Region 5 by the close of business on August 25, 2005. ADDRESSES: Written comments should be sent to Susan Mooney, Waste Management Branch (Mail code: DW– 8J), U.S. EPA Region 5, 77 West Jackson Boulevard, Chicago, IL 60604, telephone: 312/886–3585. Comments may also be submitted electronically to: mooney.susan@epa.gov or by facsimile at (312) 353–4788. You may examine copies of the relevant portions of Indiana’s regulations during normal business hours at EPA Region 5. FOR FURTHER INFORMATION CONTACT: Susan Mooney, Waste Management Branch (Mail code: DW–8J), U.S. EPA Region 5, 77 West Jackson Boulevard, Chicago, IL 60604, telephone: 312/886– 3585, email: 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. Indiana submitted its rules under 329 IAC 10–11–6.5 for review. B. Decision After a thorough review, EPA Region 5 is proposing that Indiana’s RD&D permit provisions as defined under Indiana rule 329 IAC 10–11–6.5 are VerDate jul<14>2003 23:06 Jul 25, 2005 Jkt 205001 adequate to ensure compliance with the Federal criteria as defined at 40 CFR 258.4. C. Statutory and Executive Order Reviews This action proposes to approve state solid waste requirements pursuant to RCRA Section 4005 and imposes no federal requirements. Therefore, this proposed rule complies with applicable executive orders and statutory provisions as follows: 1. Executive Order 12866: Regulatory Planning Review—The Office of Management and Budget has exempted this proposed action from its review under Executive Order (EO) 12866; 2. Paperwork Reduction Act—This proposed action does not impose an information collection burden under the Paperwork Reduction Act; 3. Regulatory Flexibility Act—After considering the economic impacts of today’s proposed action on small entities under the Regulatory Flexibility Act, I certify that this proposed action would not have a significant economic impact on a substantial number of small entities; 4. Unfunded Mandates Reform Act— Because this action proposes to approve pre-existing requirements under state law and does not impose any additional enforceable duty beyond that required by state law, this action does not contain any unfunded mandate, or significantly or uniquely affect small governments, as described in the Unfunded Mandates Act; 5. Executive Order 13132: Federalism—EO 13132 does not apply to this proposed action because this proposed action will not have federalism implications (i.e., there are no substantial direct effects on states, on the relationship between the national government and states, or on the distribution of power and responsibilities between federal and state governments); 6. Executive Order 13175: Consultation and Coordination with Indian Tribal Governments—EO 13175 does not apply to this proposed action because it will not have tribal implications (i.e., there are no substantial direct effects on one or more Indian tribes, on the relationship between the federal government and Indian tribes, or on the distribution of power and responsibilities between the federal government and Indian tribes). 7. Executive Order 13045: Protection of Children from Environmental Health & Safety Risks—This proposed action is not subject to EO 13045 because it is not economically significant and is not based on health or safety risks; 8. Executive Order 13211: Actions that Significantly Affect Energy Supply, Distribution, or Use—This proposed PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 action is not subject to EO 13211 because it is not a significant regulatory action as defined in EO 12866; 9. National Technology Transfer Advancement Act—This provision directs EPA to use voluntary consensus standards in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., materials specifications, test methods, sampling procedures, and business practices) that are developed or adopted by voluntary consensus standards bodies. This proposed action does not involve technical standards. Therefore, EPA did not consider the use of any voluntary consensus standards. List of Subjects 40 CFR Part 239 Environmental protection, Administrative practice and procedure, Intergovernmental relations, Waste treatment and disposal. 40 CFR Part 258 Reporting and recordkeeping requirements, Waste treatment disposal, Water pollution control. 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: July 7, 2005. Norman Niedergang, Acting Regional Administrator, U.S. EPA, Region 5. [FR Doc. 05–14734 Filed 7–25–05; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 300 [FRL–7943–4] National Oil and Hazardous Substance Pollution Contingency Plan; National Priorities List Environmental Protection Agency (EPA). ACTION: Notice of intent to delete the Red Oak City Landfill Superfund site (site) from the National Priorities List (NPL). AGENCY: SUMMARY: The EPA, Region VII, is issuing a notice of intent to delete the Red Oak City Landfill Superfund site (site) located near Red Oak, Iowa, from the NPL and requests public comments on this notice of intent. The NPL, promulgated pursuant to section 105 of the Comprehensive Environmental E:\FR\FM\26JYP1.SGM 26JYP1

Agencies

[Federal Register Volume 70, Number 142 (Tuesday, July 26, 2005)]
[Proposed Rules]
[Pages 43105-43106]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-14734]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 239 and 258

[FRL-7940-9]


Adequacy of Indiana Municipal Solid Waste Landfill Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) Region 5 is 
proposing to approve a modification to Indiana's

[[Page 43106]]

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: All Comments on Indiana's application for approval of its 
research, development and demonstration permit modification must be 
received by U.S. EPA Region 5 by the close of business on August 25, 
2005.

ADDRESSES: Written comments should be sent to Susan Mooney, Waste 
Management Branch (Mail code: DW-8J), U.S. EPA Region 5, 77 West 
Jackson Boulevard, Chicago, IL 60604, telephone: 312/886-3585. Comments 
may also be submitted electronically to: mooney.susan@epa.gov or by 
facsimile at (312) 353-4788. You may examine copies of the relevant 
portions of Indiana's regulations during normal business hours at EPA 
Region 5.

FOR FURTHER INFORMATION CONTACT: Susan Mooney, Waste Management Branch 
(Mail code: DW-8J), U.S. EPA Region 5, 77 West Jackson Boulevard, 
Chicago, IL 60604, telephone: 312/886-3585, email: 
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. Indiana submitted its rules under 329 IAC 10-11-6.5 
for review.

B. Decision

    After a thorough review, EPA Region 5 is proposing that Indiana's 
RD&D permit provisions as defined under Indiana rule 329 IAC 10-11-6.5 
are adequate to ensure compliance with the Federal criteria as defined 
at 40 CFR 258.4.

C. Statutory and Executive Order Reviews

    This action proposes to approve state solid waste requirements 
pursuant to RCRA Section 4005 and imposes no federal requirements. 
Therefore, this proposed rule complies with applicable executive orders 
and statutory provisions as follows: 1. Executive Order 12866: 
Regulatory Planning Review--The Office of Management and Budget has 
exempted this proposed action from its review under Executive Order 
(EO) 12866; 2. Paperwork Reduction Act--This proposed action does not 
impose an information collection burden under the Paperwork Reduction 
Act; 3. Regulatory Flexibility Act--After considering the economic 
impacts of today's proposed action on small entities under the 
Regulatory Flexibility Act, I certify that this proposed action would 
not have a significant economic impact on a substantial number of small 
entities; 4. Unfunded Mandates Reform Act--Because this action proposes 
to approve pre-existing requirements under state law and does not 
impose any additional enforceable duty beyond that required by state 
law, this action does not contain any unfunded mandate, or 
significantly or uniquely affect small governments, as described in the 
Unfunded Mandates Act; 5. Executive Order 13132: Federalism--EO 13132 
does not apply to this proposed action because this proposed action 
will not have federalism implications (i.e., there are no substantial 
direct effects on states, on the relationship between the national 
government and states, or on the distribution of power and 
responsibilities between federal and state governments); 6. Executive 
Order 13175: Consultation and Coordination with Indian Tribal 
Governments--EO 13175 does not apply to this proposed action because it 
will not have tribal implications (i.e., there are no substantial 
direct effects on one or more Indian tribes, on the relationship 
between the federal government and Indian tribes, or on the 
distribution of power and responsibilities between the federal 
government and Indian tribes). 7. Executive Order 13045: Protection of 
Children from Environmental Health & Safety Risks--This proposed action 
is not subject to EO 13045 because it is not economically significant 
and is not based on health or safety risks; 8. Executive Order 13211: 
Actions that Significantly Affect Energy Supply, Distribution, or Use--
This proposed action is not subject to EO 13211 because it is not a 
significant regulatory action as defined in EO 12866; 9. National 
Technology Transfer Advancement Act--This provision directs EPA to use 
voluntary consensus standards in its regulatory activities unless to do 
so would be inconsistent with applicable law or otherwise impractical. 
Voluntary consensus standards are technical standards (e.g., materials 
specifications, test methods, sampling procedures, and business 
practices) that are developed or adopted by voluntary consensus 
standards bodies. This proposed action does not involve technical 
standards. Therefore, EPA did not consider the use of any voluntary 
consensus standards.

List of Subjects

40 CFR Part 239

    Environmental protection, Administrative practice and procedure, 
Intergovernmental relations, Waste treatment and disposal.

40 CFR Part 258

    Reporting and recordkeeping requirements, Waste treatment disposal, 
Water pollution control.

    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: July 7, 2005.
Norman Niedergang,
Acting Regional Administrator, U.S. EPA, Region 5.
[FR Doc. 05-14734 Filed 7-25-05; 8:45 am]
BILLING CODE 6560-50-P