

[Federal Register: November 16, 2006 (Volume 71, Number 221)]
[Rules and Regulations]               
[Page 66686-66688]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16no06-16]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 239 and 258

[EPA-R07-RCRA-2006-0878; FRL-8242-6]

 
Adequacy of Nebraska Municipal Solid Waste Landfill Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: This action approves Nebraska's Research, Development and 
Demonstration (RD&D) permit program and updates to the approved 
Municipal Solid Waste Landfill Permit (MSWLP) program. On March 22, 
2004, the EPA issued final regulations allowing RD&D permits to be 
issued to certain municipal solid waste landfills by approved states. 
On September 27, 2006, Nebraska submitted an application to the EPA 
seeking Federal approval of its RD&D requirements and to update Federal 
approval of its MSWLP program.

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

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
RCRA-2006-0878, by one of the following methods:
    1. http://www.regulations.gov. Follow the on-line instruction for 

submitting comments.
    2. E-mail: Mclaughlin.chilton@epa.gov.

[[Page 66687]]

    3. Mail: Send written comments to Chilton McLaughlin, EPA Region 7, 
Solid Waste/Pollution Prevention Branch, 901 North 5th Street, Kansas 
City, Kansas 66101.
    4. Hand Delivery or Courier. Deliver your comments to Chilton 
McLaughlin, EPA Region 7, Solid Waste/Pollution Prevention Branch, 901 
North 5th Street, Kansas City, Kansas 66101.
     Instructions: Direct your comments to Docket ID No. EPA-R07-RCRA-
2006-0878. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 

provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit through http://www.regulations.gov
 or e-mail information that you consider to be CBI 

or otherwise protected. The http://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 http://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 
http://www.regulations.gov index. Although listed in the index, some 

information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically in http://www.regulations.gov
 or in hard copy at the Environmental Protection 

Agency, Solid Waste/Pollution Prevention Branch, 901 North 5th Street, 
Kansas City, Kansas 66101. The Regional Office's official hours of 
business are Monday through Friday, 8 to 4:30, excluding Federal 
holidays. The interested persons wanting to examine these documents 
should make an appointment with the office at least 24 hours in 
advance.

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

SUPPLEMENTARY INFORMATION:

I. Background

    On March 22, 2004, the EPA issued final regulations allowing RD&D 
permits to be issued at certain municipal solid waste landfills (69 FR 
13242). This new provision may only be implemented by an approved 
state. While states are not required to seek approval for this new 
provision, those states that are interested in providing RD&D permits 
to municipal solid waste landfills must seek approval from EPA before 
issuing such permits. The current request is for approval to issue RD&D 
permits. Nebraska received partial approval for 40 CFR part 258 
provisions on October 5, 1993 (58 FR 51819).
    The provision that it received partial approval for derived from an 
opinion by the United States Court of Appeals on February 12, 1992, 
which instructed EPA to require groundwater monitoring at all 
landfills. The updated state rules impose groundwater monitoring at 
small, arid landfills. The current request also incorporates the August 
7, 1995, rule (60 FR 40105), which corrects the financial assurance 
criteria; the September 25, 1996, rule (61 FR 50413), which relates to 
groundwater exemptions of small, arid, remote landfills; the November 
27, 1996, rule (61 FR 60328, at 60337), which adds financial mechanisms 
for local governments; and the April 10, 1998, rule (63 FR 17706, at 
17729), which adds a 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 September 27, 
2006, Nebraska submitted an amended application for approval of its 
RD&D permit provisions and an update of the approved MSWLP program.

II. Decision

    After a thorough review, EPA Region 7 determined that Nebraska's 
RD&D provisions and the updated rules for its Municipal Solid Waste 
Landfill Permit Program as defined under Nebraska Title 132--Integrated 
Solid Waste Management Regulations, effective March 7, 2006, are 
adequate to ensure compliance with the Federal criteria as defined at 
40 CFR 258.4.

III. Statutory and Executive Order Reviews

    This action approves state solid waste requirements pursuant to 
Resource Conservation and Recovery Act (RCRA) Section 4005 and imposes 
no Federal requirements. Therefore, this rule complies with applicable 
executive orders and statutory provisions as follows:
    1. Executive Order 12866: Regulatory Planning Review--The Office of 
Management and Budget has exempted this action from its review under 
Executive Order (EO) 12866;
    2. Paperwork Reduction Act--This action does not impose an 
information collection burden under the Paperwork Reduction Act;
    3. Regulatory Flexibility Act--After considering the economic 
impacts of today's action on small entities under the Regulatory 
Flexibility Act, I certify that this action will not have a significant 
economic impact on a substantial number of small entities;
    4. Unfunded Mandates Reform Act--Because this action approves pre-
existing requirements under State law and does not impose any 
additional enforceable duty beyond that required by State law, this 
action does not contain any unfunded mandate, or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Act;
    5. Executive Order 13132: Federalism--EO 13132 does not apply to 
this action because this action will not have federalism implications 
(i.e., there are no substantial direct effects on States, on the 
relationship between the national government and States, or on the 
distribution of power and responsibilities between Federal and State 
governments);
    6. Executive Order 13175: Consultation and Coordination with Indian 
Tribal Governments--EO 13175 does not apply to this action because it 
will not have tribal implications (i.e., there are no substantial 
direct effects on one or more Indian tribes, on the relationship 
between the Federal government and Indian tribes, or on the 
distribution of power and responsibilities between the Federal 
government and Indian tribes);
    7. Executive Order 13045: Protection of Children from Environmental 
Health Risks and Safety Risks--This action is not subject to EO 13045 
because it is not economically significant and is not based on health 
or safety risks;

[[Page 66688]]

    8. Executive Order 13211: Actions that Significantly Affect Energy 
Supply, Distribution, or Use--This action is not subject to EO 13211 
because it is not a significant regulatory action as defined in EO 
12866;
    9. National Technology Transfer Advancement Act--EPA approves State 
programs so long as the State programs meet the criteria delineated in 
RCRA. It would be inconsistent with applicable law for EPA, in its 
review of a State program, to require the use of any particular 
voluntary consensus standard in place of another standard that meets 
RCRA requirements. Thus, section 12(d) of the National Technology 
Transfer and Advancement Act does not apply to this action;
    10. Congressional Review Act--EPA will submit a report containing 
this action and other information required by the Congressional Review 
Act (5 U.S.C. 801 et seq.) to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication in the Federal Register.

List of Subjects

40 CFR Part 239

    Environmental protection, Administrative practice and procedure, 
Intergovernmental relations, Waste treatment and disposal.

40 CFR Part 258

    Reporting and recordkeeping requirements, Waste treatment disposal, 
Water pollution control.

    Authority: This action is issued under the authority of section 
2002, 4005 and 4010(c) of the Solid Waste Disposal Act, as amended, 
42 U.S.C. 6912, 6945 and 6949(a).

    Dated: November 6, 2006.
John B. Askew,
Regional Administrator, Region 7.
 [FR Doc. E6-19388 Filed 11-15-06; 8:45 am]

BILLING CODE 6560-50-P
