

[Federal Register: June 19, 2007 (Volume 72, Number 117)]
[Notices]               
[Page 33757-33759]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19jn07-59]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-R09-RCRA-2007-0369; FRL-8328-4]

 
Adequacy of California Municipal Solid Waste Landfill Permit 
Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Tentative Determination of Adequacy and Opportunity 
to Comment.

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SUMMARY: The Environmental Protection Agency Region IX is proposing to 
approve a modification to California'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. The modification will allow the 
Director of the approved state 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 heath 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 adequacy of 
California's RD&D modification to its MSWLF permit program.

DATES: Comments must be received on or before August 13, 2007. EPA will 
hold a public hearing on August 13, 2007 in the first floor conference 
room of EPA Region IX, 75 Hawthorne Street, San Francisco, California, 
if sufficient public interest is expressed. If by August 1, 2007, EPA 
does not receive sufficient public interest for a public hearing, EPA 
may cancel the public hearing with no further notice. If you are 
interested in attending the public hearing, contact Karen Ueno at (415) 
972-3317 to verify that a hearing will be held.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
RCRA-2007-0369 by one of the following methods:
     http://www.regulations.gov: Follow the on-line 

instructions for submitting comments.
     E-mail: 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-
2007-0369. 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 information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov
 or e-mail. The


[[Page 33758]]

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 docket are listed in the http://www.regulations.gov
 index. Although listed in the index, some 

information is not publicly available, e.g., CBI or other information 
whose disclosure 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 http://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 a.m. to 4 p.m., Monday through 
Thursday, excluding legal holidays. It is located in a secured 
building. To review docket materials at the Docket facility, it is 
recommended that the public make an appointment 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; telephone number: (415) 972-3317; fax number: 
(415) 947-3530; e-mail 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 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 approved State 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 liner. The rule also allows the Director of an approved 
State to issue a time-limited RD&D permit for a MSWLF unit 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 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 state program determination of 
adequacy and approval procedures are contained in 40 CFR part 239.
    In 1993, EPA Region IX approved the State of California's MSWLF 
permit program pursuant to Subtitle D of the Federal Resource 
Conservation and Recovery Act (RCRA). With its application, dated March 
28, 2006, and revised on February 21, 2007, the State of California is 
seeking EPA approval for a modification to the State's existing MSWLF 
permit program to incorporate RD&D permits.

II. EPA's Action

A. Tentative Determination

    After completing a thorough review, EPA is proposing to tentatively 
approve California's RD&D permit program modification. California has 
lawfully promulgated and fully enacted regulations for the RD&D permit 
program, and these regulations are adequate to ensure compliance with 
the federal criteria at 40 CFR 258.4. In conformance with the federal 
regulations, and in addition to California-specific requirements, an 
owner or operator is required to maintain less than a 30-cm depth of 
leachate on liner and demonstrate that compliance with the RD&D permit 
will not increase risk to human heath and the environment over 
compliance with a standard MSWLF permit.
    Following the close of the public comment period and in 
consideration of comments received, EPA will issue a final 
determination. If approved, California 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.

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 http://www.regulations.gov or e-mail. 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

[[Page 33759]]

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: June 6, 2007.
Wayne Nastri,
Regional Administrator, Region IX.
[FR Doc. E7-11773 Filed 6-18-07; 8:45 am]

BILLING CODE 6560-50-P
