
[Federal Register: May 1, 2009 (Volume 74, Number 83)]
[Rules and Regulations]               
[Page 20227-20228]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01my09-6]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 239 and 258

[EPA-R07-RCRA-2008-0849; FRL-8899-7]

 
Adequacy of Iowa Municipal Solid Waste Landfill Permit Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This action approves modifications to Iowa's approved 
municipal solid waste landfill (MSWLF) program. The approved 
modification allows the State to issue research, development and 
demonstration (RD&D) permits to owners and operators of MSWLF units in 
accordance with its State law. 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. This action also approves 
modifications to Iowa's approved MSWLF program for adding financial 
assurance mechanisms for local governments, adding the financial test 
and corporate guarantee to financial assurance mechanisms, adding a 
technical amendment to solid waste location restrictions for airport 
safety, and adopting language from the Federal MSWLF criteria. On March 
17, 2008, Iowa applied for approval of its RD&D permit provisions and 
its updated rules for its MSWLF program. On December 15, 2008, EPA 
issued a proposed rule for approving the above modifications, and 
public comment on the proposed rule closed on January 14, 2009.

DATES: This rule is effective on May 1, 2009.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number: EPA-R07-RCRA-2008-0849. All documents in the docket are listed 
on the www.regulations.gov Web site. 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 www.regulations.gov or 
in hard copy at the Environmental Protection Agency, Air and Waste 
Management Division, 901 North 5th Street, Kansas City, Kansas 66101. 
EPA requests that you contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to schedule your inspection. 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: Nicole Cruise, EPA Region 7, Air and 
Waste Management Division, 901 North 5th Street, Kansas City, Kansas 
66101, at (913) 551-7641, or by e-mail at cruise.nicole@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    On March 22, 2004, the EPA issued a final rule amending the 
municipal solid waste landfill criteria in 40 CFR part 258 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, to be implemented through State-issued RD&D permits. 
RD&D permits are only available in States with approved MSWLF permit 
programs which have been modified to incorporate RD&D permit authority. 
While States are not required to seek approval for this provision, 
those States that are interested in providing RD&D permits to owners 
and operators of MSWLFs must seek approval from EPA before issuing such 
permits. Also, EPA issued a final rule on November 27, 1996, for 
financial assurance mechanisms for local governments (61 FR 60328 at 
60337); a final rule on April 10, 1998, adding the financial test and 
corporate guarantee to financial assurance mechanisms (63 FR 17706 at 
17729); and a final rule on October 15, 2003, providing a technical 
amendment to solid waste location restrictions for airport safety (68 
FR 59335). The Federal MSWLF criteria are codified at 40 CFR part 258. 
Approval procedures for provisions of 40 CFR part 258 are outlined in 
40 CFR 239.12.
    Iowa's MSWLF permit program was approved on August 19, 1997 (62 FR 
44127). On March 17, 2008, Iowa applied for approval of its RD&D permit 
provisions and its updated rules for its MSWLF program. On December 15, 
2008, EPA issued a proposed rule to approve the above modifications, 
and public comment on the proposed rule closed on January 14, 2009.

II. Comments

    EPA received one comment in support of the proposed rulemaking and 
four adverse comments. The adverse comments challenged EPA's 
certification that the action would not have a significant economic 
impact on a substantial number of small entities under the Regulatory 
Flexibility Act, and requested that EPA provide a factual basis for the 
certification.
    The Regulatory Flexibility Act (RFA) generally requires an agency 
to prepare a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements under the Administrative 
Procedure Act or any other statute unless the agency certifies that the 
rule will not have a significant economic impact on a substantial 
number of small entities. Small entities include small businesses, 
small organizations, and small governmental jurisdictions.
    For purposes of assessing the impacts of today's rule on small 
entities, small entity is defined as: (1) A small business as defined 
by the Small Business Administration's (SBA) regulations at 13 CFR 
121.201; (2) a small governmental jurisdiction that is a government of 
a city, county, town, school district or special district with a 
population of less than 50,000; and (3) a small organization that is 
any not-for-profit enterprise which is independently owned and operated 
and is not dominant in its field.
    After considering the economic impacts of today's proposed rule on 
small entities, I certify that this action will not have a significant 
impact on a substantial number of small entities. This rule does not 
impose any

[[Page 20228]]

requirements or create impacts on small entities. This action will not 
in-and-of itself create any new requirements but simply approves 
modifications to Iowa's municipal solid waste landfill (MSWLF) program 
and its RD&D permit program. Accordingly, it affords no opportunity for 
EPA to fashion for small entities less burdensome compliance or 
reporting requirements or timetables or exemptions from all or part of 
the rule. Therefore, this action will not have a significant economic 
impact on a substantial number of small entities.
    Additionally, on January 29, 2009, the State of Iowa notified EPA 
pursuant to 40 CFR 239.12(c) that Iowa would modify the state's MSWLF 
permitting program pursuant to rule modifications of Iowa 
Administrative Code 567, Chapter 113. These modifications to the Iowa 
rules became effective February 9, 2009.
    On April 22, 2009, EPA Region 7 notified the State of Iowa pursuant 
to 40 CFR 239.12(e) that EPA Region 7 had determined the February 9, 
2009, Iowa rule modifications did not require Iowa to submit a revised 
application for state permit program approval. As stated in EPA's 
letter to Iowa on April 22, 2009, compared to the requirements for 
MSWLF units that were in effect and approved at the time of the August 
19, 1997, EPA initial approval of the Iowa MSWLF permit program (62 FR 
44127), the 2009 Iowa modifications result only in augmenting the Iowa 
permitting program implementation requirements for MSWLF units.
    As such, EPA Region 7 in this final rulemaking is approving for 
program adequacy the previously identified RD&D permit authority, 
financial assurance mechanisms for local governments, financial test 
and corporate guarantee as financial assurance mechanisms, location 
restrictions for airport safety, and adoption of language from the 
Federal MSWLF criteria at 40 CFR part 258; with the exception of rules 
that were rescinded under the February 9, 2009, Iowa rule 
modifications. Because EPA Region 7 has determined that Iowa is not 
required to submit a revised program application for state permit 
program approval for the 2009 rule modifications, no further action by 
EPA for the Iowa permit program approval is necessary. The Iowa 
permitting program and MSWLF rules in effect as of February 9, 2009, 
are considered adequate for EPA approval of the Iowa MSWLF permitting 
program.

III. Decision

    After a thorough review, EPA Region 7 has determined that Iowa's 
RD&D permit provisions and its updated rules for its Municipal Solid 
Waste Landfill Permit Program, as defined under Iowa Administrative 
Code (IAC) 567, Chapter 113, ``Sanitary Landfills for Municipal Solid 
Waste: Groundwater Protection Systems for the Disposal of Non-Hazardous 
Wastes,'' effective December 10, 2007, are adequate to ensure 
compliance with the Federal criteria as defined at 40 CFR 258.4.

IV. 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 13123: Federalism--EO13132 does not apply to 
this action because this action will not have federalism implications 
(i.e., there are not 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--EO13175 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 proposed 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 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 
sections 2002, 4005 and 4010(c) of the Solid Waste Disposal Act, as 
amended, 42 U.S.C. 6912, 6945 and 6949(a).

    Dated: April 24, 2009.
William Rice,
Acting Regional Administrator, Region 7.
[FR Doc. E9-10063 Filed 4-30-09; 8:45 am]

BILLING CODE 6560-50-P
