[Federal Register Volume 86, Number 218 (Tuesday, November 16, 2021)]
[Notices]
[Page 63375]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24947]



[[Page 63375]]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-R07-RCRA-2021-0665; FRL-9126-01-R7]


Kansas: Notice of Modification to Kansas' Research, Development 
and Demonstration (RD&D) Permit Provisions for Municipal Solid Waste 
Landfills (MSWLF)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: On May 10, 2016, EPA issued a revision to the regulations 
allowing Research, Development and Demonstration (RD&D) permits to 
increase the number of permit renewals allowed to six, for a total 
permit term of up to 21 years. On October 19, 2016, Kansas Department 
of Health and Environment (KDHE) submitted a notification to EPA Region 
7 regarding a modification by policy to its RD&D program. EPA 
acknowledges receipt of Kansas' notification regarding a modification 
to its RD&D program, and that Kansas' notification meets the 
requirements set forth in the Federal Register document that published 
on May 10, 2016.

DATES: The modification to the Kansas RD&D permit program will become 
applicable on November 16, 2021.

FOR FURTHER INFORMATION CONTACT: Marcus G. Rivas, U.S. EPA Region 7 
Land, Chemicals and Redevelopment Division; 11201 Renner Boulevard, 
Lenexa, Kansas 66219, (913) 551-7669, [email protected].

SUPPLEMENTARY INFORMATION:

A. Background

    On March 22, 2004, EPA issued a final rule amending the Municipal 
Solid Waste Landfills (MSWLF) criteria in 40 CFR part 258 to allow for 
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 available only in 
states with approved MSWLF permit programs that have been modified to 
incorporate RD&D permit authority. On May 10, 2016, the EPA issued a 
revision to the regulations allowing RD&D permits to increase the 
number of permit renewals allowed to six, for a total permit term of up 
to 21 years (40 CFR 258.4).
    While states are not required to incorporate this new RD&D permit 
provision into their previous approved MSWLF program, those states 
interested in increasing the total length of time for which RD&D 
permits can be issued, from 12 years to 21 years, must provide 
notification to EPA in accordance with 40 CFR part 239.
    On September 4, 2009, Kansas received approval of its RD&D permit 
program (74 FR 45769). Kansas' RD&D provisions can be found in Kansas 
Statutes Annotated (K.S.A.) Chapter 65--Public Health, Article 34--
Solid Waste and Kansas Administrative Regulations (K.A.R.), Agency 28--
Kansas Department of Health and Environment, Article 29--Solid Waste 
Management. On October 19, 2016, KDHE submitted a notification to EPA 
Region 7 of its modification of its RD&D program through policy, 
increasing the total length of time for which RD&D permits can be 
issued from 12 years to 21 years as described in the Federal Register 
document that published on May 10, 2016, (81 FR 28720) and at 40 CFR 
239.12.

B. EPA Acknowledgment of Notification

    In today's Federal Register document, EPA acknowledges receipt of 
the notification provided by Kansas of its modification by policy in 
increasing the total length of time for which RD&D permits can be 
issued from 12 years to 21 years, and that Kansas' notification meets 
the requirements set forth at 81 FR 28720 and 40 CFR 239.12.
    Authority: This action is issued under the authority of section 
2002, 4005 and 4010(c) of the Solid Waste Disposal Act, as amended, 40 
U.S.C. 6912, 6945 and 6949(a).

    Dated: November 8, 2021.
Edward H. Chu,
Acting Regional Administrator, Region 7.
[FR Doc. 2021-24947 Filed 11-15-21; 8:45 am]
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