Adequacy of Missouri Municipal Solid Waste Landfill Program, 66685-66686 [E6-19384]

Download as PDF Federal Register / Vol. 71, No. 221 / Thursday, November 16, 2006 / Rules and Regulations This direct final rule is not a ‘‘major rule’’ as defined by 5 U.S.C. section 804(2). The direct final rule amendments are effective on January 16, 2007. List of Subjects in 40 CFR Part 60 Environmental protection, Administrative practice and procedures, Air pollution control, Intergovernmental relations, Reporting and recordkeeping requirements. Dated: November 9, 2006. Stephen L. Johnson, Administrator. For the reasons stated in the preamble, title 40, chapter I, part 60 of the Code of Federal Regulations is amended to read as follows: PART 60—[AMENDED] 1. The authority citation for part 60 continues to read as follows: I Authority: 42 U.S.C. 7401 et seq. Subpart Db—[Amended] 2. Section 60.49b is amended by adding paragraph (y) to read as follows: I § 60.49b Reporting and recordkeeping requirements. rmajette on PROD1PC67 with RULES1 * * * * * (y) Facility-specific nitrogen oxides standard for Innovene USA’s AOGI located in Lima, Ohio: (1) Standard for nitrogen oxides. (i) When fossil fuel alone is combusted, the nitrogen oxides emission limit for fossil fuel in § 60.44b(a) applies. (ii) When fossil fuel and chemical byproduct/waste are simultaneously combusted, the nitrogen oxides emission limit is 645 ng/J (1.5 lb/million Btu). (2) Emission monitoring for nitrogen oxides. (i) The nitrogen oxides emissions shall be determined by the compliance and performance test methods and procedures for nitrogen oxides in § 60.46b. (ii) The monitoring of the nitrogen oxides emissions shall be performed in accordance with § 60.48b. (3) Reporting and recordkeeping requirements. (i) The owner or operator of the AOGI shall submit a report on any excursions from the limits required by paragraph (x)(2) of this section to the Administrator with the quarterly report required by paragraph (i) of this section. (ii) The owner or operator of the AOGI shall keep records of the monitoring required by paragraph (x)(3) of this section for a period of 2 years following the date of such record. (iii) The owner or operator of the AOGI shall perform all the applicable 15:50 Nov 15, 2006 [FR Doc. E6–19386 Filed 11–15–06; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 239 and 258 [EPA–R07–RCRA–2006–0877; FRL–8242–9] Adequacy of Missouri Municipal Solid Waste Landfill Program I VerDate Aug<31>2005 reporting and recordkeeping requirements of this section. Jkt 211001 Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: SUMMARY: This action approves Missouri’s Research, Development and Demonstration (RD&D) permit program and updates to the approved Municipal Solid Waste Landfill Permit (MSWLP) program. On March 22, 2004, the EPA issued final regulations allowing RD&D permits to be issued to certain municipal solid waste landfills by approved states. On April 14, 2006, Missouri submitted an application to the EPA seeking Federal approval of its RD&D requirements and to update Federal approval of its MSWLP program. This direct final determination is effective January 16, 2007, without further notice unless EPA receives adverse comments by December 18, 2006. If adverse comments are received, EPA will publish a timely response or withdrawal of the direct final rule in the Federal Register informing the public that the rule will or will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R07– RCRA–2006–0877, by one of the following methods: 1. https://www.regulations.gov. Follow the on-line instruction for submitting comments. 2. E-mail: Mclaughlin.chilton@epa.gov. 3. Mail: Send written comments to Chilton McLaughlin, EPA Region 7, Solid Waste/Pollution Prevention Branch, 901 North 5th Street, Kansas City, Kansas 66101. 4. Hand Delivery or Courier. Deliver your comments to Chilton McLaughlin, EPA Region 7, Solid Waste/Pollution Prevention Branch, 901 North 5th Street, Kansas City, Kansas 66101. Instructions: Direct your comments to Docket ID No. EPA–R07–RCRA–2006– 0877. EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at https:// DATES: PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 66685 www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit through https:// www.regulations.gov or e-mail information that you consider to be CBI or otherwise protected. The https:// www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through https:// www.regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. 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. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: All documents in the electronic docket are listed in the https://www.regulations.gov index. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically in https:// www.regulations.gov or in hard copy at the Environmental Protection Agency, Solid Waste/Pollution Prevention Branch, 901 North 5th Street, Kansas City, Kansas 66101. The Regional Office’s official hours of business are Monday through Friday, 8 to 4:30, excluding Federal holidays. The interested persons wanting to examine these documents should make an appointment with the office at least 24 hours in advance. FOR FURTHER INFORMATION CONTACT: Chilton McLaughlin at (913) 551–7666, or by e-mail at Mclaughlin.chilton@epa.gov. SUPPLEMENTARY INFORMATION: E:\FR\FM\16NOR1.SGM 16NOR1 66686 Federal Register / Vol. 71, No. 221 / Thursday, November 16, 2006 / Rules and Regulations I. Background On March 22, 2004, the EPA issued final regulations allowing RD&D permits to be issued at certain municipal solid waste landfills (69 FR 13242). This new provision may only be implemented by an approved State. While States are not required to seek approval for this new provision, those States that are interested in providing RD&D permits to municipal solid waste landfills must seek approval from EPA before issuing such permits. Missouri received final approval for 40 CFR part 258 provisions on April 13, 1994 (59 FR 17526). This request incorporates the November 27, 1996, rule (61 FR 60328, at 60337), which adds financial mechanisms for local governments, and the April 10, 1998, rule (63 FR 17706, at 17729), which adds financial test and corporate guarantee to financial assurance mechanisms. Approval procedures for new provisions of 40 CFR part 258 are outlined in 40 CFR 239.12. On April 14, 2006, Missouri submitted an application for approval of its RD&D permit provisions and update of the approved MSWLP program. rmajette on PROD1PC67 with RULES1 II. Decision After a thorough review, EPA Region 7 determined that Missouri’s RD&D provisions as defined under Missouri Solid Waste Management Regulations, 10 CSR 80, and Missouri Solid Waste Management Statute, Title 16: Conservation, Resources and Development, Chapter 260: Environmental Control are adequate to ensure compliance with the Federal criteria as defined at 40 CFR 258.4. III. Statutory and Executive Order Reviews This action approves State solid waste requirements pursuant to Resource Conservation and Recovery Act (RCRA) Section 4005 and imposes no Federal requirements. Therefore, this 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 action from its review under Executive Order (EO) 12866; 2. Paperwork Reduction Act: This 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 action on small entities under the Regulatory Flexibility Act, I certify that this action will not have a significant economic impact on a substantial number of small entities; VerDate Aug<31>2005 15:50 Nov 15, 2006 Jkt 211001 4. Unfunded Mandates Reform Act: Because this action approves preexisting 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 action because this 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 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 Risks and Safety Risks—This 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 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: EPA approves State programs so long as the State programs meet the criteria delineated in RCRA. It would be inconsistent with applicable law for EPA, in its review of a State program, to require the use of any particular voluntary consensus standard in place of another standard that meets RCRA requirements. Thus, section 12(d) of the National Technology Transfer and Advancement Act does not apply to this action; 10. Congressional Review Act: EPA will submit a report containing this action and other information required by the Congressional Review Act (5 U.S.C. 801 et seq.) to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication in the Federal Register. PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 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: November 6, 2006. John B. Askew, Regional Administrator, Region 7. [FR Doc. E6–19384 Filed 11–15–06; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 239 and 258 [EPA–R07–RCRA–2006–0878; FRL–8242–6] Adequacy of Nebraska Municipal Solid Waste Landfill Program Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: SUMMARY: This action approves Nebraska’s Research, Development and Demonstration (RD&D) permit program and updates to the approved Municipal Solid Waste Landfill Permit (MSWLP) program. On March 22, 2004, the EPA issued final regulations allowing RD&D permits to be issued to certain municipal solid waste landfills by approved states. On September 27, 2006, Nebraska submitted an application to the EPA seeking Federal approval of its RD&D requirements and to update Federal approval of its MSWLP program. DATES: This direct final rule is effective January 16, 2007, without further notice unless EPA receives adverse comments by January 16, 2007. If adverse comments are received, EPA will publish a timely response or withdrawal of the direct final rule in the Federal Register informing the public that the rule will or will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R07– RCRA–2006–0878, by one of the following methods: 1. https://www.regulations.gov. Follow the on-line instruction for submitting comments. 2. E-mail: Mclaughlin.chilton@epa.gov. E:\FR\FM\16NOR1.SGM 16NOR1

Agencies

[Federal Register Volume 71, Number 221 (Thursday, November 16, 2006)]
[Rules and Regulations]
[Pages 66685-66686]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-19384]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 239 and 258

[EPA-R07-RCRA-2006-0877; FRL-8242-9]


Adequacy of Missouri Municipal Solid Waste Landfill Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: This action approves Missouri's Research, Development and 
Demonstration (RD&D) permit program and updates to the approved 
Municipal Solid Waste Landfill Permit (MSWLP) program. On March 22, 
2004, the EPA issued final regulations allowing RD&D permits to be 
issued to certain municipal solid waste landfills by approved states. 
On April 14, 2006, Missouri submitted an application to the EPA seeking 
Federal approval of its RD&D requirements and to update Federal 
approval of its MSWLP program.

DATES: This direct final determination is effective January 16, 2007, 
without further notice unless EPA receives adverse comments by December 
18, 2006. If adverse comments are received, EPA will publish a timely 
response or withdrawal of the direct final rule in the Federal Register 
informing the public that the rule will or will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
RCRA-2006-0877, by one of the following methods:
    1. https://www.regulations.gov. Follow the on-line instruction for 
submitting comments.
    2. E-mail: Mclaughlin.chilton@epa.gov.
    3. Mail: Send written comments to Chilton McLaughlin, EPA Region 7, 
Solid Waste/Pollution Prevention Branch, 901 North 5th Street, Kansas 
City, Kansas 66101.
    4. Hand Delivery or Courier. Deliver your comments to Chilton 
McLaughlin, EPA Region 7, Solid Waste/Pollution Prevention Branch, 901 
North 5th Street, Kansas City, Kansas 66101.
    Instructions: Direct your comments to Docket ID No. EPA-R07-RCRA-
2006-0877. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
https://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit through https://
www.regulations.gov or e-mail information that you consider to be CBI 
or otherwise protected. The https://www.regulations.gov Web site is an 
``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through https://www.regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. 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. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
https://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically in https://
www.regulations.gov or in hard copy at the Environmental Protection 
Agency, Solid Waste/Pollution Prevention Branch, 901 North 5th Street, 
Kansas City, Kansas 66101. The Regional Office's official hours of 
business are Monday through Friday, 8 to 4:30, excluding Federal 
holidays. The interested persons wanting to examine these documents 
should make an appointment with the office at least 24 hours in 
advance.

FOR FURTHER INFORMATION CONTACT: Chilton McLaughlin at (913) 551-7666, 
or by e-mail at Mclaughlin.chilton@epa.gov.

SUPPLEMENTARY INFORMATION: 

[[Page 66686]]

I. Background

    On March 22, 2004, the EPA issued final regulations allowing RD&D 
permits to be issued at certain municipal solid waste landfills (69 FR 
13242). This new provision may only be implemented by an approved 
State. While States are not required to seek approval for this new 
provision, those States that are interested in providing RD&D permits 
to municipal solid waste landfills must seek approval from EPA before 
issuing such permits. Missouri received final approval for 40 CFR part 
258 provisions on April 13, 1994 (59 FR 17526). This request 
incorporates the November 27, 1996, rule (61 FR 60328, at 60337), which 
adds financial mechanisms for local governments, and the April 10, 
1998, rule (63 FR 17706, at 17729), which adds financial test and 
corporate guarantee to financial assurance mechanisms. Approval 
procedures for new provisions of 40 CFR part 258 are outlined in 40 CFR 
239.12. On April 14, 2006, Missouri submitted an application for 
approval of its RD&D permit provisions and update of the approved MSWLP 
program.

II. Decision

    After a thorough review, EPA Region 7 determined that Missouri's 
RD&D provisions as defined under Missouri Solid Waste Management 
Regulations, 10 CSR 80, and Missouri Solid Waste Management Statute, 
Title 16: Conservation, Resources and Development, Chapter 260: 
Environmental Control are adequate to ensure compliance with the 
Federal criteria as defined at 40 CFR 258.4.

III. Statutory and Executive Order Reviews

    This action approves State solid waste requirements pursuant to 
Resource Conservation and Recovery Act (RCRA) Section 4005 and imposes 
no Federal requirements. Therefore, this 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 action from its review under 
Executive Order (EO) 12866;
    2. Paperwork Reduction Act: This 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 action on small entities under the Regulatory 
Flexibility Act, I certify that this action will not have a significant 
economic impact on a substantial number of small entities;
    4. Unfunded Mandates Reform Act: Because this action approves 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 action because this 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 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 Risks and Safety Risks--This 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 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: EPA approves State 
programs so long as the State programs meet the criteria delineated in 
RCRA. It would be inconsistent with applicable law for EPA, in its 
review of a State program, to require the use of any particular 
voluntary consensus standard in place of another standard that meets 
RCRA requirements. Thus, section 12(d) of the National Technology 
Transfer and Advancement Act does not apply to this action;
    10. Congressional Review Act: EPA will submit a report containing 
this action and other information required by the Congressional Review 
Act (5 U.S.C. 801 et seq.) to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication in the Federal Register.

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: November 6, 2006.
John B. Askew,
Regional Administrator, Region 7.
 [FR Doc. E6-19384 Filed 11-15-06; 8:45 am]
BILLING CODE 6560-50-P
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