Adequacy of Arizona Municipal Solid Waste Landfill Permit Program, 9772-9774 [2011-3866]

Download as PDF 9772 Federal Register / Vol. 76, No. 35 / Tuesday, February 22, 2011 / Notices Caldwell, Esq., a lawyer at Vinson and Elkins, First City Tower, 1001 Fannin Street, Suite 2500, Houston, TX 77002– 6760, telephone number 713 758–4518. Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission’s Rules of Practice and Procedure (18 CFR 385.211, 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. On or before the comment date, it is not necessary to serve motions to intervene or protests on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper using the ‘‘eFiling’’ link at https://www.ferc.gov. Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at https://www.ferc.gov, using the ‘‘eLibrary’’ link and is available for review in the Commission’s Public Reference Room in Washington, DC. There is an ‘‘eSubscription’’ link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail FERCOnlineSupport@ferc.gov, or call (866) 208–3676 (toll free). For TTY, call (202) 502–8659. Comment Date: 5 p.m. Eastern Time on February 25, 2011. Dated: February 15, 2011. Kimberly D. Bose, Secretary. [FR Doc. 2011–3885 Filed 2–18–11; 8:45 am] BILLING CODE 6717–01–P DEPARTMENT OF ENERGY mstockstill on DSKH9S0YB1PROD with NOTICES Federal Energy Regulatory Commission [Docket No. CP11–71–000] Dominion Transmission, Inc.; Notice of Request Under Blanket Authorization Take notice that on January 28, 2011, Dominion Transmission, Inc. (DTI) filed a Prior Notice Request pursuant to sections 157.205 and 157.208 of the VerDate Mar<15>2010 16:51 Feb 18, 2011 Jkt 223001 Federal Energy Regulatory Commission’s regulations under the Natural Gas Act, and Dominion’s blanket certificate for authorization to construct, install, own, operate and maintain three sections of a pipeline (TL–400) located in Fairfield County, Ohio. Specifically, DTI proposes to replace an existing 26-inch diameter pipe with three separate sections totaling approximately 11,745 feet in length, all as more fully set forth in the application, which is open to the public for inspection. The filing may also be viewed on the web at https:// www.ferc.gov using the ‘‘eLibrary’’ link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, contact FERC at FERCOnlineSupport@ferc.gov or call toll-free, (866) 208–3676 or TTY, (202) 502–8659. Any questions regarding this Prior Notice should be directed to Amanda Prestage, Regulatory and Certificates Analyst III, Dominion Transmission, Inc., 701 East Cary Street, Richmond, VA 23219, telephone No. (804) 771– 4416, facsimile No. (804) 771–4804 and E-mail: Amanda.K.Prestage@dom.com. Any person may, within 60 days after the issuance of the instant notice by the Commission, file pursuant to Rule 214 of the Commission’s Procedural Rules (18 CFR 385.214) a motion to intervene or notice of intervention. Any person filing to intervene or the Commission’s staff may, pursuant to section 157.205 of the Commission’s Regulations under the NGA (18 CFR 157.205) file a protest to the request. If no protest is filed within the time allowed therefore, the proposed activity shall be deemed to be authorized effective the day after the time allowed for protest. If a protest is filed and not withdrawn within 30 days after the time allowed for filing a protest, the instant request shall be treated as an application for authorization pursuant to section 7 of the NGA. Persons who wish to comment only on the environmental review of this project should submit an original and two copies of their comments to the Secretary of the Commission. Environmental commenter’s will be placed on the Commission’s environmental mailing list, will receive copies of the environmental documents, and will be notified of meetings associated with the Commission’s environmental review process. Environmental commenter’s will not be required to serve copies of filed documents on all other parties. However, the non-party commentary, will not receive copies of all documents PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 filed by other parties or issued by the Commission (except for the mailing of environmental documents issued by the Commission) and will not have the right to seek court review of the Commission’s final order. The Commission strongly encourages electronic filings of comments, protests, and interventions via the internet in lieu of paper. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission’s Web site (https:// www.ferc.gov) under the ‘‘e-Filing’’ link. Dated: February 14, 2011. Kimberly D. Bose, Secretary. [FR Doc. 2011–3809 Filed 2–18–11; 8:45 am] BILLING CODE 6717–01–P ENVIRONMENTAL PROTECTION AGENCY [EPA–R09–RCRA–2011–0103; FRL–9269–3] Adequacy of Arizona Municipal Solid Waste Landfill Permit Program Environmental Protection Agency (EPA). ACTION: Notice of Tentative Determination of Adequacy and Opportunity to Comment. AGENCY: The Environmental Protection Agency Region IX is proposing to approve a modification to Arizona’s municipal solid waste landfill (MSWLF) permit program to allow the State to issue research, development, and demonstration (RD&D) permits for new and existing MSWLF units and lateral expansions. The modification will allow the Director of the approved State program to provide a variance from certain MSWLF criteria, provided that the MSWLF owner/operator demonstrates that compliance with the RD&D permit will not increase risk to human health and the environment. The Director may provide a variance from existing requirements of MSWLF criteria for run-on control systems, liquids restrictions, and final cover. EPA is seeking public comment on its tentative determination of adequacy of Arizona’s RD&D modification to its MSWLF permit program. DATES: Comments must be received on or before April 25, 2011. If sufficient public interest is expressed, EPA will hold a public hearing on April 25, 2011 at 4 p.m. in Room 145, Arizona Department of Environmental Quality, 1110 West Washington Street, Phoenix, Arizona. If by April 11, 2011, EPA does not receive sufficient public interest for a public hearing, EPA may cancel the public hearing with no further notice. If SUMMARY: E:\FR\FM\22FEN1.SGM 22FEN1 mstockstill on DSKH9S0YB1PROD with NOTICES Federal Register / Vol. 76, No. 35 / Tuesday, February 22, 2011 / Notices you are interested in attending the public hearing, contact Karen Ueno at (415) 972–3317 to verify that a hearing will be held. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R09– RCRA–2011–0103 by one of the following methods: • https://www.regulations.gov: Follow the on-line instructions for submitting comments. • E-mail: ueno.karen@epa.gov. • Fax: (415) 947–3530. • Mail: Karen Ueno (WST–7), Environmental Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA 94105–3901. • Hand Delivery: Environmental Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA 94105–3901. Such deliveries are only accepted during the Docket’s normal hours of operation, and special arrangements should be made for deliveries of boxed information. Instructions: Direct your comments to Docket ID No. EPA–R09–RCRA–2011– 0103. 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 docket are listed in the https:// VerDate Mar<15>2010 16:51 Feb 18, 2011 Jkt 223001 9773 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 materials, such as the State’s prior applications for MSWLF permit program approval, are 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 Region IX, 75 Hawthorne Street, San Francisco, CA 94105–3901. This Docket facility is open from 9 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. It is located in a secured building. To review docket materials at the Docket facility, it is recommended that the public make an appointment by calling the Docket facility at (415) 947– 4406 during normal business hours. FOR FURTHER INFORMATION CONTACT: Karen Ueno, Waste Management Division, WST–7, Environmental Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA 94105–3901; telephone number: (415) 972–3317; fax number: (415) 947–3530; e-mail address: ueno.karen@epa.gov. SUPPLEMENTARY INFORMATION: cannot exceed three years and a renewal of an RD&D permit cannot exceed three years. Although multiple renewals of an RD&D permit can be issued, the total term for an RD&D permit including renewals cannot exceed twelve years. RD&D permits are only available in States with approved MSWLF permit programs that have been modified to incorporate the RD&D permit authority. Although a State is not required to seek approval for the RD&D permit provision, a State must obtain EPA approval before it may issue such a permit. Requirements for State program determination of adequacy and approval procedures are contained in 40 CFR Part 239. In 1994, EPA Region IX approved the State of Arizona’s municipal solid waste landfill (MSWLF) permit program pursuant to Subtitle D of the Federal Resource Conservation and Recovery Act (RCRA). With its application, dated June 28, 2010, as updated on January 26, 2011, the State of Arizona is seeking EPA approval for a modification to the State’s existing MSWLF permit program to include RD&D permits. I. General Information After completing a thorough review, EPA is proposing to tentatively approve Arizona’s RD&D permit program modification. Arizona has lawfully promulgated and fully enacted regulations for the RD&D permit program, and these regulations are adequate to ensure compliance with the Federal criteria at 40 CFR 258.4. In conformance with the Federal regulations, and in addition to Arizonaspecific requirements, an owner or operator is required to maintain less than a 30-cm depth of leachate on liner and demonstrate that compliance with the RD&D permit will not increase risk to human heath and the environment over compliance with a standard MSWLF permit. Following the close of the public comment period and in consideration of comments received, EPA will issue a final determination. If approved, Arizona will be able to issue variances for run-on control systems, liquid restrictions, and final cover criteria to allow for innovative and new methods, such as bioreactor landfills. A. Background On March 22, 2004, EPA issued a final rule amending the municipal solid waste landfill criteria at 40 CFR 258.4 to allow for RD&D permits. (69 FR 13242). This rule allows for variances from specified criteria for a limited period of time. Specifically, the rule allows the Director of an approved State to issue a time-limited RD&D permit for a new MSWLF unit, existing MSWLF unit, or lateral expansion, for which the owner or operator proposes to use innovative and new methods which vary from either or both of the following: (1) The run-on control systems at 40 CFR 258.26, and/or (2) the liquids restrictions at 40 CFR 258.28(a), provided that the MSWLF unit has a leachate collection system designed and constructed to maintain less than a 30cm depth of leachate on the liner. The rule also allows the Director of an approved State to issue a time-limited RD&D permit for which the owner or operator proposes to use innovative and new methods that vary from the final cover criteria at 40 CFR 258.60(a)(1) and (2), and (b)(1), provided that the owner or operator demonstrates that the alternative cover system will not contaminate groundwater or surface water, or cause leachate depth on the liner to exceed 30 cm. An RD&D permit PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 II. EPA’s Action A. Tentative Determination B. Submitting Comments on EPA’s Tentative Determination Tips for Preparing Your Comments. When submitting comments, remember to: • Identify the rulemaking by docket number and other identifying E:\FR\FM\22FEN1.SGM 22FEN1 9774 Federal Register / Vol. 76, No. 35 / Tuesday, February 22, 2011 / Notices mstockstill on DSKH9S0YB1PROD with NOTICES information (subject heading, Federal Register date and page number). • Follow directions—The agency may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations (CFR) part or section number. • Explain why you agree or disagree; suggest alternatives and substitute language for your requested changes. • Describe any assumptions and provide any technical information and/ or data that you used. • If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced. • Provide specific examples to illustrate your concerns, and suggest alternatives. • Explain your views as clearly as possible, avoiding the use of profanity or personal threats. • Make sure to submit your comments by the comment period deadline identified. Submitting Confidential Business Information (CBI). Do not submit this information to EPA through https:// www.regulations.gov or e-mail. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD–ROM that you mail to EPA, mark the outside of the disk or CD–ROM as CBI and then identify electronically within the disk or CD–ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR Part 2. Docket Copying Costs. Copying arrangements will be made through the Docket facility and billed directly to the recipient. Copying costs may be waived depending on the total number of pages copied. Authority: Sections 2002, 4005, and 4010(c) of the Solid Waste Disposal Act, as amended, 42 U.S.C. 6912, 6945, and 6949(a). Delegation 8–46. State/Tribal Permit Programs for Municipal Solid Waste Landfills. Dated: February 11, 2011. Jared Blumenfeld, Regional Administrator, Region IX. [FR Doc. 2011–3866 Filed 2–18–11; 8:45 am] BILLING CODE 6560–50–P VerDate Mar<15>2010 16:51 Feb 18, 2011 Jkt 223001 ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OW–2007–0201; FRL–9269–1] Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; National Listing of Fish Advisories (Renewal) Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: In compliance with the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.), this document announces that an Information Collection Request (ICR) has been forwarded to the Office of Management and Budget (OMB) for review and approval. This is a request to renew an existing approved collection. The ICR, which is abstracted below, describes the nature of the information collection and its estimated burden and cost. DATES: Additional comments may be submitted on or before March 24, 2011. ADDRESSES: Submit your comments, referencing Docket ID No. EPA–HQ– OW–2007–0201, to (1) EPA online using https://www.regulations.gov (our preferred method), by email to OW-Docket@epa.gov, or by mail to: EPA Docket Center, Environmental Protection Agency, Water Docket, Mailcode 28221T, 1200 Pennsylvania Ave., NW., Washington, DC 20460, and (2) OMB by mail to: Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street, NW., Washington, DC 20503. SUMMARY: FOR FURTHER INFORMATION CONTACT: LCDR Samantha Fontenelle, Standards and Health Protection Division, Office of Science and Technology, (4305T), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number: 202–566– 2083; fax number: 202–566–0409; email address: fontenelle.samantha@epa.gov. EPA has submitted the following ICR to OMB for review and approval according to the procedures prescribed in 5 CFR 1320.12. On October 25, 2010 (75 FR 65478), EPA sought comments on this ICR pursuant to 5 CFR 1320.8(d). EPA received no comments during the comment period. Any additional comments on this ICR should be submitted to EPA and OMB within 30 days of this notice. EPA has established a public docket for this ICR under Docket ID No. EPA– SUPPLEMENTARY INFORMATION: PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 HQ–OW–2007–0201, which is available for online viewing at https:// www.regulations.gov, or in person viewing at the Water Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC. The EPA/DC Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is 202–566–1744, and the telephone number for the Water Docket is 202– 566–2426. Use EPA’s electronic docket and comment system at https:// www.regulations.gov, to submit or view public comments, access the index listing of the contents of the docket, and to access those documents in the docket that are available electronically. Once in the system, select ‘‘docket search,’’ then key in the docket ID number identified above. Please note that EPA’s policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing at https://www.regulations.gov as EPA receives them and without change, unless the comment contains copyrighted material, confidential business information (CBI), or other information whose public disclosure is restricted by statute. For further information about the electronic docket, go to https://www.regulations.gov. Title: National Listing of Fish Advisories (Renewal). ICR numbers: EPA ICR No. 1959.04, OMB Control No. 2040–0226. ICR Status: This ICR is scheduled to expire on February 28, 2011. Under OMB regulations, the Agency may continue to conduct or sponsor the collection of information while this submission is pending at OMB. 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 in title 40 of the CFR, after appearing in the Federal Register when approved, are listed in 40 CFR part 9, are displayed either by publication in the Federal Register or by other appropriate means, such as on the related collection instrument or form, if applicable. The display of OMB control numbers in certain EPA regulations is consolidated in 40 CFR part 9. Abstract: The National Listing of Fish Advisories (NLFA) Database contains information on the number of advisories issued by each state, territory, or tribe annually. The advisory information collected identifies the waterbody under advisory, the fish or shellfish species E:\FR\FM\22FEN1.SGM 22FEN1

Agencies

[Federal Register Volume 76, Number 35 (Tuesday, February 22, 2011)]
[Notices]
[Pages 9772-9774]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-3866]


=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

[EPA-R09-RCRA-2011-0103; FRL-9269-3]


Adequacy of Arizona Municipal Solid Waste Landfill Permit Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Tentative Determination of Adequacy and Opportunity 
to Comment.

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

SUMMARY: The Environmental Protection Agency Region IX is proposing to 
approve a modification to Arizona's municipal solid waste landfill 
(MSWLF) permit program to allow the State to issue research, 
development, and demonstration (RD&D) permits for new and existing 
MSWLF units and lateral expansions. The modification will allow the 
Director of the approved State program to provide a variance from 
certain MSWLF criteria, provided that the MSWLF owner/operator 
demonstrates that compliance with the RD&D permit will not increase 
risk to human health and the environment. The Director may provide a 
variance from existing requirements of MSWLF criteria for run-on 
control systems, liquids restrictions, and final cover. EPA is seeking 
public comment on its tentative determination of adequacy of Arizona's 
RD&D modification to its MSWLF permit program.

DATES: Comments must be received on or before April 25, 2011. If 
sufficient public interest is expressed, EPA will hold a public hearing 
on April 25, 2011 at 4 p.m. in Room 145, Arizona Department of 
Environmental Quality, 1110 West Washington Street, Phoenix, Arizona. 
If by April 11, 2011, EPA does not receive sufficient public interest 
for a public hearing, EPA may cancel the public hearing with no further 
notice. If

[[Page 9773]]

you are interested in attending the public hearing, contact Karen Ueno 
at (415) 972-3317 to verify that a hearing will be held.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
RCRA-2011-0103 by one of the following methods:
     https://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
     E-mail: ueno.karen@epa.gov.
     Fax: (415) 947-3530.
     Mail: Karen Ueno (WST-7), Environmental Protection Agency 
Region IX, 75 Hawthorne Street, San Francisco, CA 94105-3901.
     Hand Delivery: Environmental Protection Agency Region IX, 
75 Hawthorne Street, San Francisco, CA 94105-3901. Such deliveries are 
only accepted during the Docket's normal hours of operation, and 
special arrangements should be made for deliveries of boxed 
information.
    Instructions: Direct your comments to Docket ID No. EPA-R09-RCRA-
2011-0103. 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 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 materials, 
such as the State's prior applications for MSWLF permit program 
approval, are 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 Region IX, 75 Hawthorne Street, San Francisco, CA 94105-3901. 
This Docket facility is open from 9 a.m. to 4 p.m., Monday through 
Friday, excluding legal holidays. It is located in a secured building. 
To review docket materials at the Docket facility, it is recommended 
that the public make an appointment by calling the Docket facility at 
(415) 947-4406 during normal business hours.

FOR FURTHER INFORMATION CONTACT: Karen Ueno, Waste Management Division, 
WST-7, Environmental Protection Agency Region IX, 75 Hawthorne Street, 
San Francisco, CA 94105-3901; telephone number: (415) 972-3317; fax 
number: (415) 947-3530; e-mail address: ueno.karen@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Background

    On March 22, 2004, EPA issued a final rule amending the municipal 
solid waste landfill criteria at 40 CFR 258.4 to allow for RD&D 
permits. (69 FR 13242). This rule allows for variances from specified 
criteria for a limited period of time. Specifically, the rule allows 
the Director of an approved State to issue a time-limited RD&D permit 
for a new MSWLF unit, existing MSWLF unit, or lateral expansion, for 
which the owner or operator proposes to use innovative and new methods 
which vary from either or both of the following: (1) The run-on control 
systems at 40 CFR 258.26, and/or (2) the liquids restrictions at 40 CFR 
258.28(a), provided that the MSWLF unit has a leachate collection 
system designed and constructed to maintain less than a 30-cm depth of 
leachate on the liner. The rule also allows the Director of an approved 
State to issue a time-limited RD&D permit for which the owner or 
operator proposes to use innovative and new methods that vary from the 
final cover criteria at 40 CFR 258.60(a)(1) and (2), and (b)(1), 
provided that the owner or operator demonstrates that the alternative 
cover system will not contaminate groundwater or surface water, or 
cause leachate depth on the liner to exceed 30 cm. An RD&D permit 
cannot exceed three years and a renewal of an RD&D permit cannot exceed 
three years. Although multiple renewals of an RD&D permit can be 
issued, the total term for an RD&D permit including renewals cannot 
exceed twelve years.
    RD&D permits are only available in States with approved MSWLF 
permit programs that have been modified to incorporate the RD&D permit 
authority. Although a State is not required to seek approval for the 
RD&D permit provision, a State must obtain EPA approval before it may 
issue such a permit. Requirements for State program determination of 
adequacy and approval procedures are contained in 40 CFR Part 239.
    In 1994, EPA Region IX approved the State of Arizona's municipal 
solid waste landfill (MSWLF) permit program pursuant to Subtitle D of 
the Federal Resource Conservation and Recovery Act (RCRA). With its 
application, dated June 28, 2010, as updated on January 26, 2011, the 
State of Arizona is seeking EPA approval for a modification to the 
State's existing MSWLF permit program to include RD&D permits.

II. EPA's Action

A. Tentative Determination

    After completing a thorough review, EPA is proposing to tentatively 
approve Arizona's RD&D permit program modification. Arizona has 
lawfully promulgated and fully enacted regulations for the RD&D permit 
program, and these regulations are adequate to ensure compliance with 
the Federal criteria at 40 CFR 258.4. In conformance with the Federal 
regulations, and in addition to Arizona-specific requirements, an owner 
or operator is required to maintain less than a 30-cm depth of leachate 
on liner and demonstrate that compliance with the RD&D permit will not 
increase risk to human heath and the environment over compliance with a 
standard MSWLF permit.
    Following the close of the public comment period and in 
consideration of comments received, EPA will issue a final 
determination. If approved, Arizona will be able to issue variances for 
run-on control systems, liquid restrictions, and final cover criteria 
to allow for innovative and new methods, such as bioreactor landfills.

B. Submitting Comments on EPA's Tentative Determination

    Tips for Preparing Your Comments. When submitting comments, 
remember to:
     Identify the rulemaking by docket number and other 
identifying

[[Page 9774]]

information (subject heading, Federal Register date and page number).
     Follow directions--The agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
     Explain why you agree or disagree; suggest alternatives 
and substitute language for your requested changes.
     Describe any assumptions and provide any technical 
information and/or data that you used.
     If you estimate potential costs or burdens, explain how 
you arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
     Provide specific examples to illustrate your concerns, and 
suggest alternatives.
     Explain your views as clearly as possible, avoiding the 
use of profanity or personal threats.
     Make sure to submit your comments by the comment period 
deadline identified.
    Submitting Confidential Business Information (CBI). Do not submit 
this information to EPA through https://www.regulations.gov or e-mail. 
Clearly mark the part or all of the information that you claim to be 
CBI. For CBI information in a disk or CD-ROM that you mail to EPA, mark 
the outside of the disk or CD-ROM as CBI and then identify 
electronically within the disk or CD-ROM the specific information that 
is claimed as CBI. In addition to one complete version of the comment 
that includes information claimed as CBI, a copy of the comment that 
does not contain the information claimed as CBI must be submitted for 
inclusion in the public docket. Information so marked will not be 
disclosed except in accordance with procedures set forth in 40 CFR Part 
2.
    Docket Copying Costs. Copying arrangements will be made through the 
Docket facility and billed directly to the recipient. Copying costs may 
be waived depending on the total number of pages copied.

    Authority: Sections 2002, 4005, and 4010(c) of the Solid Waste 
Disposal Act, as amended, 42 U.S.C. 6912, 6945, and 6949(a). 
Delegation 8-46. State/Tribal Permit Programs for Municipal Solid 
Waste Landfills.

    Dated: February 11, 2011.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2011-3866 Filed 2-18-11; 8:45 am]
BILLING CODE 6560-50-P
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