[
Federal
Register:
January
12,
2000
(
Volume
65,
Number
8)]
[
Proposed
Rules]
[
Page
1842­
1843]
From
the
Federal
Register
Online
via
GPO
Access
[
wais.
access.
gpo.
gov]
[
DOCID:
fr12ja00­
36]

­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­

ENVIRONMENTAL
PROTECTION
AGENCY
40
CFR
Parts
257
and
258
[
FRL­
6521­
3]

Adequacy
of
State
Permit
Programs
Under
RCRA
Subtitle
D
AGENCY:
Environmental
Protection
Agency
(
EPA).

ACTION:
Proposed
rule.

­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­

SUMMARY:
EPA
is
proposing
this
action
to
streamline
the
approval
process
for
specific
state
permit
programs
for
solid
waste
disposal
facilities
other
than
municipal
solid
waste
landfills
(
MSWLF)
that
receive
conditionally
exempt
small
quantity
generator
(
CESQG)
hazardous
waste.
States
whose
Subtitle
D
MSWLF
permit
programs
or
Subtitle
C
hazardous
waste
management
programs
have
been
reviewed
and
approved
or
authorized
by
the
Agency
are
eligible
for
this
streamlined
approval
process
if
their
state
programs
require
the
disposal
of
CESQG
hazardous
waste
in
suitable
facilities.
EPA
is
issuing
an
adequacy
determination
to
the
state
programs
for
Kansas,
Missouri,
and
Nebraska.
Elsewhere
in
the
final
rule
section
of
today's
Federal
Register,
EPA
is
issuing
a
direct
final
rule
that
sets
forth
the
Agency's
determination
of
program
adequacy.
EPA
views
this
as
a
noncontroversial
action
that
declares
that
specific
state
programs
for
disposal
of
CESQG
waste
meet
all
of
the
statutory
and
regulatory
needs
set
up
under
the
Resource
Conservation
and
Recovery
Act
(
RCRA).
Thus,
we
expect
no
adverse
comments.
A
detailed
rationale
for
this
decision
is
in
the
preamble
to
the
final
rule
of
program
adequacy.
If
no
relevant
adverse
comments
are
received
in
response
to
this
action,
no
further
Agency
action
is
needed.
If
EPA
receives
relevant
adverse
comments,
EPA
will
withdraw
the
direct
final
rule
and
discuss
the
comments
in
a
later
final
rule.
This
is
your
only
chance
to
comment.
If
EPA
receives
relevant
adverse
comment
concerning
the
adequacy
of
only
certain
state
programs,
the
Agency's
withdrawal
of
the
direct
final
rule
will
only
apply
to
those
state
programs.
Comments
on
the
inclusion
or
exclusion
of
one
state
permit
program
will
not
affect
the
timing
of
the
decision
on
the
other
state
permit
programs.

DATES:
Comments
must
be
submitted
on
or
before
February
11,
2000.

ADDRESSES:
Send
or
hand
deliver
an
original
and
one
copy
of
your
comments
referencing
docket
number
R7/
ARTD/
SWPP­
00­
01
to:
Region
VII
Information
Resource
Center,
U.
S.
Environmental
Protection
Agency,
901
N.
5th
Street,
Kansas
City,
Kansas
66101.
Comments
may
also
be
submitted
electronically
through
the
Internet
to:
r7­
library@
epa.
gov.
Comments
in
electronic
format
should
also
be
identified
by
the
docket
number
listed
above.
All
electronic
comments
must
be
submitted
as
an
ASCII
file
avoiding
the
use
of
special
characters
and
any
form
of
encryption.
You
can
view
and
copy
documents
pertaining
to
this
regulatory
docket
in
the
Region
VII
Information
Resource
Center
(
Library),
located
on
the
Plaza
Level
at
the
address
noted
above.
The
Library
is
open
to
the
public
from
9
a.
m.
to
3
p.
m.,
Monday
through
Friday,
excluding
federal
holidays.

FOR
FURTHER
INFORMATION
CONTACT:
For
general
information,
call
(
913)
551­
7241
or
TTY
(
913)
321­
9516.
For
information
on
accessing
paper
and
electronic
copies
of
documents
or
supporting
materials
relating
to
the
proposed
rule,
or
for
information
on
specific
aspects
of
this
rule,
contact
Wes
Bartley,
U.
S.
EPA
Region
VII,
ARTD/
SWPP,
901
N.
5th
Street,
Kansas
City,
Kansas
66101,
phone
(
913)
551­
7632,
or
by
e­
mail
at
bartley.
wes@
epa.
gov.

SUPPLEMENTARY
INFORMATION:
The
official
record
for
this
action
will
be
kept
in
paper
form.
Therefore,
EPA
will
transfer
all
comments
received
electronically
into
paper
form
and
place
them
in
the
official
record,
which
will
also
include
all
comments
submitted
directly
in
writing.
The
official
record
is
the
paper
record
kept
at
the
address
in
ADDRESSES
at
the
beginning
of
this
document.
EPA
responses
to
comments,
whether
the
comments
are
written
or
electronic,
will
be
in
a
document
in
the
Federal
Register
or
in
a
response
to
comments
document
placed
in
the
official
record
for
this
rulemaking.
EPA
will
not
immediately
reply
to
commenters
electronically
other
than
to
seek
clarification
of
electronic
comments
that
may
be
garbled
in
transmission
or
during
conversion
to
paper
form,
as
discussed
above.

Background
As
set
out
in
detail
in
the
related
direct
final
rule,
EPA
has
decided
that
specific
state
permit
programs
for
facilities
receiving
CESQG
waste
meet
the
needs
for
program
approval
under
RCRA
section
4005(
c)(
1)(
C).
Today's
document
applies
to
the
state
programs
for
Kansas,
Missouri,
and
Nebraska.
Programs
developed
by
these
states
for
permitting
either
hazardous
waste
facilities
or
MSWLF
have
been
reviewed
and
approved
or
authorized
by
the
Agency.
The
regulatory
programs
are
more
comprehensive
and/
or
more
stringent
than
the
federal
revised
criteria
for
facilities
receiving
CESQG
hazardous
waste.
The
Agency
has
found
that
the
above
states
have
already
submitted
the
documentation
that
would
have
been
needed
for
the
determination
of
permit
program
adequacy
under
RCRA
section
4005(
c)(
1)(
C).
Further,
the
Agency
has
found
that
the
technical
review
conducted
for
either
approval
or
authorization
can
substitute
for
the
technical
review
of
the
standards
for
the
federal
revised
criteria.

Additional
Information
For
more
information,
see
the
corresponding
direct
final
rule
published
elsewhere
in
the
rule
section
of
this
Federal
Register.
If
you
wish
to
comment,
you
should
review
the
more
detailed
discussion
in
that
section
of
today's
Federal
Register.

Authority:
This
document
is
issued
under
the
authority
of
sections
2002
and
4005
of
the
[[
Page
1843]]

Solid
Waste
Disposal
Act
as
amended,
42
U.
S.
C.
6912
and
6945.

Dated:
December
29,
1999.
Dennis
Grams,
Regional
Administrator,
Region
VII.
[
FR
Doc.
00­
615
Filed
1­
11­
00;
8:
45
am]
BILLING
CODE
6560­
50­
U
