Adequacy of Arizona Municipal Solid Waste Landfill Permit Program, 65875-65877 [2012-26792]
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Federal Register / Vol. 77, No. 211 / Wednesday, October 31, 2012 / Notices
Comment Date: 5:00 p.m. Eastern time
on Tuesday, November 13, 2012.
Dated: October 23, 2012.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2012–26751 Filed 10–30–12; 8:45 am]
BILLING CODE 6717–01–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–RCRA–2012–0757, FRL–9748–3]
Agency Information Collection
Activities; Proposed Collection;
Comment Request; Part B Permit
Application, Permit Modifications, and
Special Permits
Environmental Protection
Agency.
ACTION: Notice.
AGENCY:
The Environmental Protection
Agency is planning to submit an
information collection request (ICR),
‘‘Part B Permit Application, Permit
Modifications, and Special Permits’’
(EPA ICR No. 1573.13, OMB Control No.
2050–0009) to the Office of Management
and Budget (OMB) for review and
approval in accordance with the
Paperwork Reduction Act (44 U.S.C.
3501 et seq.). Before doing so, EPA is
soliciting public comments on specific
aspects of the proposed information
collection as described below. This is a
proposed extension of the ICR, which is
currently approved through February
28, 2013. 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.
DATES: Comments must be submitted on
or before January 4, 2013.
ADDRESSES: Submit your comments,
referencing by Docket ID No. EPA–HQ–
RCRA–2012–0757, online using
www.regulations.gov (our preferred
method), by email to rcradocket@epa.gov, or by mail to: EPA
Docket Center, Environmental
Protection Agency, Mail Code 28221T,
1200 Pennsylvania Ave. NW.,
Washington, DC 20460.
EPA’s policy is that all comments
received will be included in the public
docket without change including any
personal information provided, unless
the comment includes profanity, threats,
information claimed to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute.
FOR FURTHER INFORMATION CONTACT:
Toshia King, Office of Resource
tkelley on DSK3SPTVN1PROD with NOTICES
SUMMARY:
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Jkt 229001
Conservation and Recovery, mailcode
5303P, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460; telephone
number: 703–308–7033; fax number:
703–308–8617; email address:
king.toshia@epa.gov.
SUPPLEMENTARY INFORMATION:
Supporting documents which explain in
detail the information that the EPA will
be collecting are available in the public
docket for this ICR. The docket can be
viewed online at www.regulations.gov
or in person at the EPA Docket Center,
EPA West, Room 3334, 1301
Constitution Ave. NW., Washington,
DC. The telephone number for the
Docket Center is 202–566–1744. For
additional information about EPA’s
public docket, visit https://www.epa.gov/
dockets.
Pursuant to section 3506(c)(2)(A) of
the PRA, EPA is soliciting comments
and information to enable it to: (i)
Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the Agency, including
whether the information will have
practical utility; (ii) evaluate the
accuracy of the Agency’s estimate of the
burden of the proposed collection of
information, including the validity of
the methodology and assumptions used;
(iii) enhance the quality, utility, and
clarity of the information to be
collected; and (iv) minimize the burden
of the collection of information on those
who are to respond, including through
the use of appropriate automated
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submission of
responses. EPA will consider the
comments received and amend the ICR
as appropriate. The final ICR package
will then be submitted to OMB for
review and approval. At that time, EPA
will issue another Federal Register
notice to announce the submission of
the ICR to OMB and the opportunity to
submit additional comments to OMB.
Abstract: Section 3005 of Subtitle C of
RCRA requires treatment, storage or
disposal facilities (TSDFs) to obtain a
permit. To obtain the permit, the TSDFs
must submit an application describing
the facility’s operation. There are two
parts to the RCRA permit application—
Part A and Part B. Part A defines the
processes to be used for treatment,
storage, and disposal of hazardous
wastes; the design capacity of such
processes; and the specific hazardous
wastes to be handled at the facility. Part
B requires detailed site specific
information such as geologic,
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65875
hydrologic, and engineering data. In the
event that permit modifications are
proposed by the applicant or EPA,
modifications must conform to the
requirements under Sections 3004 and
3005.
Form Numbers: None.
Respondents/affected entities:
Business or other for-profit; as well as
State, Local, or Tribal governments.
Respondent’s obligation to respond:
Mandatory (RCRA 3005).
Estimated number of respondents: 97.
Frequency of response: On occasion.
Total estimated burden: 33,260
Burden is defined at 5 CFR 1320.03(b).
Total estimated cost: $7,956,839,
which includes $2,254,188 annualized
labor costs and $5,702,651 annualized
capital or O&M costs.
Changes in Estimates: The burden
hours are likely to stay substantially the
same.
Dated: October 23, 2012.
Suzanne Rudzinski,
Director, Office of Resource Conservation and
Recovery.
[FR Doc. 2012–26789 Filed 10–30–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–R09–RCRA–2011–0103; [FRL–9743–7]
Adequacy of Arizona Municipal Solid
Waste Landfill Permit Program
Environmental Protection
Agency (EPA).
ACTION: Notice of public hearing and
continued opportunity to comment.
AGENCY:
The Environmental Protection
Agency Region IX will hold a public
hearing concerning the agency’s
tentative determination 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. EPA published its tentative
determination on February 22, 2011 and
offered an opportunity for a public
hearing. Initially, EPA closed its
comment period on April 25, 2011 and
announced it would not hold a public
hearing. Since that time, in response to
public interest and updates to Arizona’s
RD&D permit program, EPA decided to
hold a public hearing, extend the
comment period through the date of the
public hearing, and make available for
public review the updated information
submitted by Arizona in support of its
RD&D program.
SUMMARY:
E:\FR\FM\31OCN1.SGM
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65876
Federal Register / Vol. 77, No. 211 / Wednesday, October 31, 2012 / Notices
EPA will hold a public hearing
on December 18, 2012 at 6:00 p.m. in
Room 145 on the first floor of the office
of the Arizona Department of
Environmental Quality at 1110 West
Washington Street, Phoenix, Arizona.
Comments must be received on or
before December 18, 2012. EPA will
accept all comments received between
February 22, 2011 and December 18,
2012.
DATES:
Submit your comments,
identified by Docket ID No. EPA–R09–
RCRA–2011–0103 by one of the
following methods:
• www.regulations.gov: Follow the
on-line instructions for submitting
comments.
• Email: 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
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 www.regulations.gov
or email. The 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 email
comment directly to EPA without going
through www.regulations.gov your email
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 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
tkelley on DSK3SPTVN1PROD with NOTICES
ADDRESSES:
VerDate Mar<15>2010
17:08 Oct 30, 2012
Jkt 229001
should avoid the use of special
characters, or any form of encryption,
and be free of any defects or viruses.
Docket: All documents in the docket
are listed in the www.regulations.gov
index. Although listed in the index,
some information is not publicly
available, e.g., CBI or other information
disclosure of which 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
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 9:00 a.m. to 4:00
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 an appointment be made in
advance 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;
email 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 Research, Development, and
Demonstration (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 EPA-approved
State permit program to issue a timelimited 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 EPA-approved State
permit program 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
PO 00000
Frm 00025
Fmt 4703
Sfmt 4703
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 EPA-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 EPA’s
determination of a state program’s
adequacy and the 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). By application dated June
28, 2010, updated on January 26, 2011
and September 27, 2012, the State of
Arizona is seeking EPA approval for a
modification to the State’s existing
MSWLF permit program to include
RD&D permits. On February 22, 2011,
EPA published a tentative approval of
Arizona’s RD&D permit program
modification. (76 FR 9772).
Following the close of the public
hearing and the public comment period,
and after consideration of comments
received, EPA will issue a final
determination. If EPA grants approval,
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. The
approval of the program modification
will allow the Director of Arizona’s
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 the adequacy
of Arizona’s RD&D modification to its
MSWLF permit program.
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Federal Register / Vol. 77, No. 211 / Wednesday, October 31, 2012 / Notices
tkelley on DSK3SPTVN1PROD with NOTICES
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
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
www.regulations.gov or email. 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.
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Jkt 229001
Dated: October 22, 2012.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2012–26792 Filed 10–30–12; 8:45 am]
BILLING CODE 6560–50–P
65877
Pennsylvania Ave. NW., Washington,
DC 20460–0001. As part of the mailing
address, include the contact person’s
name, division, and mail code.
SUPPLEMENTARY INFORMATION:
I. General Information
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPP–2012–0771; FRL–9366–4]
Notice of Receipt of Pesticide
Products; Registration Applications To
Register New Uses
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
This notice announces receipt
of applications to register new uses for
pesticide products containing currently
registered active ingredients pursuant to
the provisions of section 3(c) of the
Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), as amended.
This notice provides the public with an
opportunity to comment on the
applications.
SUMMARY:
Comments must be received on
or before November 30, 2012.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
number EPA–HQ–2012–0771 and the
EPA Registration Number or EPA File
Symbol of interest as shown in the body
of this document, by one of the
following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute.
• Mail: OPP Docket, Environmental
Protection Agency Docket Center (EPA/
DC), (28221T), 1200 Pennsylvania Ave.
NW., Washington, DC 20460–0001.
• Hand Delivery: To make special
arrangements for hand delivery or
delivery of boxed information, please
follow the instructions at https://
www.epa.gov/dockets/contacts.htm.
Additional instructions on
commenting or visiting the docket,
along with more information about
dockets generally, is available at https://
www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT: A
contact person is listed at the end of
each registration application summary
and may be contacted by telephone,
email, or mail. Mail correspondence to
the Registration Division (RD) (7505P),
Office of Pesticide Programs,
Environmental Protection Agency, 1200
DATES:
PO 00000
Frm 00026
Fmt 4703
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A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
B. What should I consider as I prepare
my comments for EPA?
1. Submitting CBI. Do not submit this
information to EPA through
regulations.gov or email. 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.
2. Tips for Preparing Your Comments.
When Submitting Comments, remember
to:
i. Identify the document by docket ID
number and other identifying
information (subject heading, Federal
Register date and page number).
ii. 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.
iii. Explain why you agree or disagree;
suggest alternatives and substitute
language for your requested changes.
iv. Describe any assumptions and
provide any technical information and/
or data that you used.
v. If you estimate potential costs or
burdens, explain how you arrived at
E:\FR\FM\31OCN1.SGM
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Agencies
[Federal Register Volume 77, Number 211 (Wednesday, October 31, 2012)]
[Notices]
[Pages 65875-65877]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-26792]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-R09-RCRA-2011-0103; [FRL-9743-7]
Adequacy of Arizona Municipal Solid Waste Landfill Permit Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of public hearing and continued opportunity to comment.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency Region IX will hold a
public hearing concerning the agency's tentative determination 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. EPA published its tentative
determination on February 22, 2011 and offered an opportunity for a
public hearing. Initially, EPA closed its comment period on April 25,
2011 and announced it would not hold a public hearing. Since that time,
in response to public interest and updates to Arizona's RD&D permit
program, EPA decided to hold a public hearing, extend the comment
period through the date of the public hearing, and make available for
public review the updated information submitted by Arizona in support
of its RD&D program.
[[Page 65876]]
DATES: EPA will hold a public hearing on December 18, 2012 at 6:00 p.m.
in Room 145 on the first floor of the office of the Arizona Department
of Environmental Quality at 1110 West Washington Street, Phoenix,
Arizona. Comments must be received on or before December 18, 2012. EPA
will accept all comments received between February 22, 2011 and
December 18, 2012.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
RCRA-2011-0103 by one of the following methods:
www.regulations.gov: Follow the on-line instructions for
submitting comments.
Email: 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
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 www.regulations.gov or email. The
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 email comment
directly to EPA without going through www.regulations.gov your email
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 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, or any form of
encryption, and be free of any defects or viruses.
Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
disclosure of which 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 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 9:00 a.m. to 4:00 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 an appointment
be made in advance 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; email 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 Research,
Development, and Demonstration (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 EPA-approved
State permit program 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 EPA-approved State
permit program 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 EPA-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 EPA's determination of a state
program's adequacy and the 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). By
application dated June 28, 2010, updated on January 26, 2011 and
September 27, 2012, the State of Arizona is seeking EPA approval for a
modification to the State's existing MSWLF permit program to include
RD&D permits. On February 22, 2011, EPA published a tentative approval
of Arizona's RD&D permit program modification. (76 FR 9772).
Following the close of the public hearing and the public comment
period, and after consideration of comments received, EPA will issue a
final determination. If EPA grants approval, 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. The approval of the program modification will
allow the Director of Arizona's 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 the adequacy of
Arizona's RD&D modification to its MSWLF permit program.
[[Page 65877]]
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 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 www.regulations.gov or email. 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: October 22, 2012.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2012-26792 Filed 10-30-12; 8:45 am]
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