Adequacy of Kansas Municipal Solid Waste Landfill Permit Program, 45769-45770 [E9-21403]

Download as PDF Federal Register / Vol. 74, No. 171 / Friday, September 4, 2009 / Rules and Regulations * * * * * [FR Doc. E9–21399 Filed 9–3–09; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 239 and 258 [EPA–R07–RCRA–2009–0646; FRL–8953–3] Adequacy of Kansas Municipal Solid Waste Landfill Permit Program AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. pwalker on DSK8KYBLC1PROD with RULES SUMMARY: This action approves Kansas’ 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 December 11, 2008, Kansas 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 November 3, 2009, without further notice unless EPA receives adverse comments by October 5, 2009. 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–2009–0646, by one of the following methods: 1. https://www.regulations.gov: Follow the online instructions for submitting comments. 2. E-mail: cruise.nicole@epa.gov. 3. Mail: Send written comments to Nicole Cruise, 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 Nicole Cruise, 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–2009– 0646. 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 VerDate Nov<24>2008 16:06 Sep 03, 2009 Jkt 217001 the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through https:// www.regulations.gov or e-mail. 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, e.g., 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. 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 at appointment with the office at least 24 hours in advance. FOR FURTHER INFORMATION CONTACT: Nicole Cruise at (913) 551–7641, or by e-mail at cruise.nicole@epa.gov. SUPPLEMENTARY INFORMATION: A. 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 PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 45769 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. Kansas received final approval for 40 CFR part 258 provisions on June 24, 1996 (61 FR 32434). This request incorporates the November 27, 1996, final rule (61 FR 60328) for financial assurance mechanisms for local governments; the July 29, 1997, final rule (62 FR 40708) for revisions to criteria for small municipal solid waste landfills; and the April 10, 1998, final rule (63 FR 17706) for 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 December 11, 2008, Kansas submitted an application for approval of its RD&D permit provisions and update of the approved MSWLP program. B. Decision After a thorough review, EPA determined that Kansas’ RD&D permit provisions and its updated rules for its Municipal Solid Waste Landfill Permit Program, as defined under Kansas Statutes Annotated (KSA) Chapter 65— Public Health, Article 34—Solid Waste, Kansas Administrative Regulations (KAR), Agency 28—Kansas Department of Health and Environment, Article 29— Solid Waste Management are adequate to ensure compliance with the Federal criteria as defined at 40 CFR 258.4. C. 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; E:\FR\FM\04SER1.SGM 04SER1 pwalker on DSK8KYBLC1PROD with RULES 45770 Federal Register / Vol. 74, No. 171 / Friday, September 4, 2009 / Rules and Regulations 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 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: 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 impracticable. 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 and bodies. EPA approves State programs so long as the State programs meet the criteria delineated in 40 CFR part 258. 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 40 CFR part 258 requirements. Thus, the National Technology Transfer Advancement Act does not apply to this action; VerDate Nov<24>2008 16:06 Sep 03, 2009 Jkt 217001 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 sections 2002, 4005 and 4010(c) of the Solid Waste Disposal Act, as amended, 42 U.S.C. 6912, 6945 and 6949(a). Dated: August 27, 2009. William W. Rice, Acting Regional Administrator, Region 7. [FR Doc. E9–21403 Filed 9–3–09; 8:45 am] BILLING CODE 6560–50–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 73 [DA 09–1970; MB Docket No. 09–129; RM– 11549] Television Broadcasting Services; Hutchinson and Wichita, KS AGENCY: Federal Communications Commission. ACTION: Final rule. The Commission grants a petition for rulemaking filed by Sunflower Broadcasting, Inc. (‘‘Sunflower’’), the licensee of stations KWCH–DT, Hutchinson, Kansas, channel 12, and KSCW–DT, Wichita, Kansas, channel 19, substituting channel 19 for KWCH–DT’s assigned channel 12 at Hutchinson and channel 12 for KSCW–DT’s assigned channel 19 at Wichita. DATES: This rule is effective September 4, 2009. FOR FURTHER INFORMATION CONTACT: Adrienne Y. Denysyk, Media Bureau, (202) 418–1600. SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission’s Report and Order, MB Docket No. 09–129, adopted August 31, 2009, and released August 31, 2009. The full text of this document is available for public inspection and copying during normal business hours in the FCC’s Reference Information Center at Portals II, CY– A257, 445 12th Street, SW., Washington, DC 20554. This document will also be available via ECFS (https:// www.fcc.gov/cgb/ecfs/). (Documents will be available electronically in ASCII, Word 97, and/or Adobe Acrobat.) This document may be purchased from the Commission’s duplicating contractor, Best Copy and Printing, Inc., 445 12th Street, SW., Room CY–B402, Washington, DC 20554, telephone 1– 800–478–3160 or via e-mail https:// www.BCPIWEB.com. To request this document in accessible formats (computer diskettes, large print, audio recording, and Braille), send an e-mail to fcc504@fcc.gov or call the Commission’s Consumer and Governmental Affairs Bureau at (202) 418–0530 (voice), (202) 418–0432 (TTY). This document does not contain information collection requirements subject to the Paperwork Reduction Act of 1995, Public Law 104–13. In addition, therefore, it does not contain any information collection burden ‘‘for small business concerns with fewer than 25 employees,’’ pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107–198, see 44 U.S.C. 3506(c)(4). Provisions of the Regulatory Flexibility Act of 1980 do not apply to this proceeding. The Commission will send a copy of this Report and Order in a report to be sent to Congress and the Government Accountability Office pursuant to the Congressional review Act, see 5 U.S.C. 801(a)(1)(A). List of Subjects in 47 CFR Part 73 SUMMARY: PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 Television, Television broadcasting. For the reasons discussed in the preamble, the Federal Communications Commission amends 47 CFR part 73 as follows: ■ PART 73—RADIO BROADCAST SERVICES 1. The authority citation for part 73 continues to read as follows: ■ Authority: 47 U.S.C. 154, 303, 334, 336. § 73.622 [Amended] 2. Section 73.622(i), the PostTransition Table of DTV Allotments under Kansas is amended by adding DTV channel 19 and removing DTV channel 12 at Hutchinson and by adding ■ E:\FR\FM\04SER1.SGM 04SER1

Agencies

[Federal Register Volume 74, Number 171 (Friday, September 4, 2009)]
[Rules and Regulations]
[Pages 45769-45770]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-21403]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 239 and 258

[EPA-R07-RCRA-2009-0646; FRL-8953-3]


Adequacy of Kansas Municipal Solid Waste Landfill Permit Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: This action approves Kansas' 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 December 11, 2008, Kansas 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 November 3, 2009, 
without further notice unless EPA receives adverse comments by October 
5, 2009. 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-2009-0646, by one of the following methods:
    1. https://www.regulations.gov: Follow the online instructions for 
submitting comments.
    2. E-mail: cruise.nicole@epa.gov.
    3. Mail: Send written comments to Nicole Cruise, 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 Nicole 
Cruise, 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-
2009-0646. 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 information that you 
consider to be CBI or otherwise protected through https://www.regulations.gov or e-mail. 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, e.g., 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. 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 at appointment with the office at least 24 hours in 
advance.

FOR FURTHER INFORMATION CONTACT: Nicole Cruise at (913) 551-7641, or by 
e-mail at cruise.nicole@epa.gov.

SUPPLEMENTARY INFORMATION:

A. 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. Kansas received final approval for 40 CFR part 
258 provisions on June 24, 1996 (61 FR 32434). This request 
incorporates the November 27, 1996, final rule (61 FR 60328) for 
financial assurance mechanisms for local governments; the July 29, 
1997, final rule (62 FR 40708) for revisions to criteria for small 
municipal solid waste landfills; and the April 10, 1998, final rule (63 
FR 17706) for 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 December 11, 2008, Kansas 
submitted an application for approval of its RD&D permit provisions and 
update of the approved MSWLP program.

B. Decision

    After a thorough review, EPA determined that Kansas' RD&D permit 
provisions and its updated rules for its Municipal Solid Waste Landfill 
Permit Program, as defined under Kansas Statutes Annotated (KSA) 
Chapter 65--Public Health, Article 34--Solid Waste, Kansas 
Administrative Regulations (KAR), Agency 28--Kansas Department of 
Health and Environment, Article 29--Solid Waste Management are adequate 
to ensure compliance with the Federal criteria as defined at 40 CFR 
258.4.

C. 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;

[[Page 45770]]

    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 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: 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 impracticable. 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 and bodies. EPA approves State programs 
so long as the State programs meet the criteria delineated in 40 CFR 
part 258. 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 40 
CFR part 258 requirements. Thus, the National Technology Transfer 
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 sections 
2002, 4005 and 4010(c) of the Solid Waste Disposal Act, as amended, 
42 U.S.C. 6912, 6945 and 6949(a).

    Dated: August 27, 2009.
William W. Rice,
Acting Regional Administrator, Region 7.
[FR Doc. E9-21403 Filed 9-3-09; 8:45 am]
BILLING CODE 6560-50-P
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