82 FR 59601 - Alabama: Notice of Determination of Adequacy of Alabama's Financial Assurance Regulations for the State's Municipal Solid Waste Landfill Permit Program
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 240 (December 15, 2017)
Federal Register Volume 82, Issue 240 (December 15, 2017)
| Page Range | 59601-59601 | |
| FR Document | 2017-27102 |
[Federal Register Volume 82, Number 240 (Friday, December 15, 2017)] [Notices] [Page 59601] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-27102] [[Page 59601]] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY [EPA-R04-RCRA-2017-0534; FRL-9967-81-Region 4] Alabama: Notice of Determination of Adequacy of Alabama's Financial Assurance Regulations for the State's Municipal Solid Waste Landfill Permit Program AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: On November 28, 2016, the Alabama Department of Environmental Management (ADEM) submitted a final solid waste Financial Assurance Program Approval Application to the Environmental Protection Agency (EPA) seeking a Determination of Adequacy for its solid waste financial assurance regulations. ADEM supplemented this application on January 4 and 5, 2017. Subject to review and comment, this document approves ADEM's application and grants a Determination of Adequacy for Alabama's municipal solid waste landfill (MSWLF) financial assurance program. DATES: This Determination of Adequacy for Alabama's MSWLF financial assurance regulations will be effective February 13, 2018, unless adverse comments are received on or before February 13, 2018. If EPA receives adverse comments, EPA will review such comments and publish another Federal Register document responding to the comments and either affirming or revising this initial decision. ADDRESSES: Written comments, identified by Docket ID No. EPA-R04-RCRA- 2017-0534, can be submitted to the Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting comments. Comments can also be sent to Davy Simonson, Materials and Waste Management Branch, Resource Conservation and Restoration Division, U.S. EPA Region 4, Atlanta Federal Center, 61 Forsyth Street SW (Mailcode: 9T25), Atlanta, Georgia 30303-8960; telephone: (404) 562- 8457. Comments may be submitted electronically to [email protected], or by facsimile to (404) 562-9964. You may examine copies of the application materials submitted by Alabama during normal business hours at EPA Region 4, or at the offices of ADEM, 1400 Coliseum Boulevard, Montgomery, Alabama 36110-2400, attn: Russell A. Kelly, Chief, Permits and Services Division, telephone: (334) 271-7714. Once submitted, comments cannot be edited or withdrawn. EPA may publish any comment received at its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Davy Simonson, Materials and Waste Management Branch, Resource Conservation and Restoration Division, U.S. EPA Region 4, Atlanta Federal Center, 61 Forsyth Street SW (Mailcode: 9T25), Atlanta, Georgia 30303-8960; telephone number: (404) 562-8457; fax number: (404) 562-9964; email address: [email protected]. SUPPLEMENTARY INFORMATION: I. Background Section 4005(c)(1)(B) of the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 6945(c)(1)(B), as amended by the Hazardous and Solid Waste Amendments of 1984 (HSWA), requires that states develop and implement permit programs to ensure that MSWLFs receiving household hazardous waste or small quantity generator waste comply with the minimum federal criteria for MSWLFs in Title 40 of the Code of Federal Regulations (40 CFR) part 258. Section 4005(c)(1)(C) of RCRA, 42 U.S.C. 6945(c)(1)(C), then requires that EPA determine whether a state's MSWLF permit program is adequate. The federal regulations at 40 CFR part 239 set forth the procedures EPA will follow in determining the adequacy of such state programs. In 1993, Alabama applied to EPA for partial program approval for its MSWLF permit program. At that time, ADEM did not have the statutory authority to require financial assurance at MSWLFs; however, its regulations contained all of the other required MSWLF criteria in 40 CFR part 258. On March 2, 1994 (59 FR 9979), EPA granted a Determination of Adequacy to Alabama, approving its MSWLF permit program, with the exception of the financial assurance criteria contained in 40 CFR part 258, subpart G. In June 2005, the Alabama State Legislature enacted a statute allowing ADEM to require financial assurance at MSWLFs. Alabama's regulations were amended in December 2005 to add financial assurance requirements that mirror the federal financial assurance regulations at 40 CFR part 258, subpart G. On November 28, 2016, Alabama submitted a final solid waste Financial Assurance Program Approval Application to EPA. ADEM submitted supplemental information to support its application on January 4 and 5, 2017. The application covers ADEM's MSWLF financial assurance program, only. II. Decision After reviewing Alabama's application, EPA concludes that Alabama's financial assurance regulations, as set forth at ADEM Administrative Code (Admin. Code r.) 335-13-4-.28, along with the statutory authority provided in Section 22-27-8 of the Alabama Code, are adequate to ensure compliance with the federal criteria set forth at 40 CFR part 258, subpart G (Sec. Sec. 258.70 through 258.74). Accordingly, EPA is granting a Determination of Adequacy for the portion of Alabama's MSWLF permit program relating to financial assurance requirements. EPA's approval of Alabama's financial assurance program will result in full federal approval of the State's MSWLF permit program. This action takes effect sixty (60) days after the date of publication if no adverse comments are received. EPA's action only addresses Alabama's financial assurance requirements for its MSWLF permit program. EPA is not reopening, nor soliciting public comments on, its prior approval of the remaining portions of Alabama's MSWLF permit program. EPA will only respond to comments addressing the financial assurance portion of Alabama's MSWLF permit program. 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: November 9, 2017. Onis ``Trey'' Glenn, III, Regional Administrator, Region 4. [FR Doc. 2017-27102 Filed 12-14-17; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 82, No. 240 / Friday, December 15, 2017 / Notices 59601
ENVIRONMENTAL PROTECTION Once submitted, comments cannot be MSWLF permit program, with the
AGENCY edited or withdrawn. EPA may publish exception of the financial assurance
any comment received at its public criteria contained in 40 CFR part 258,
[EPA–R04–RCRA–2017–0534; FRL–9967– docket. Do not submit electronically any subpart G. In June 2005, the Alabama
81–Region 4] information you consider to be State Legislature enacted a statute
Confidential Business Information (CBI) allowing ADEM to require financial
Alabama: Notice of Determination of or other information whose disclosure is assurance at MSWLFs. Alabama’s
Adequacy of Alabama’s Financial restricted by statute. Multimedia regulations were amended in December
Assurance Regulations for the State’s submissions (audio, video, etc.) must be 2005 to add financial assurance
Municipal Solid Waste Landfill Permit accompanied by a written comment. requirements that mirror the federal
Program The written comment is considered the financial assurance regulations at 40
official comment and should include CFR part 258, subpart G.
AGENCY: Environmental Protection discussion of all points you wish to
Agency (EPA). make. EPA will generally not consider On November 28, 2016, Alabama
ACTION: Notice. comments or comment contents located submitted a final solid waste Financial
outside of the primary submission (i.e., Assurance Program Approval
SUMMARY: On November 28, 2016, the on the web, cloud, or other file sharing Application to EPA. ADEM submitted
Alabama Department of Environmental system). For additional submission supplemental information to support its
Management (ADEM) submitted a final methods, the full EPA public comment application on January 4 and 5, 2017.
solid waste Financial Assurance policy, information about CBI or The application covers ADEM’s MSWLF
Program Approval Application to the multimedia submissions, and general financial assurance program, only.
Environmental Protection Agency (EPA) guidance on making effective
seeking a Determination of Adequacy comments, please visit https:// II. Decision
for its solid waste financial assurance www.epa.gov/dockets/commenting-epa-
regulations. ADEM supplemented this After reviewing Alabama’s
dockets. application, EPA concludes that
application on January 4 and 5, 2017.
Subject to review and comment, this FOR FURTHER INFORMATION CONTACT: Alabama’s financial assurance
document approves ADEM’s application Davy Simonson, Materials and Waste regulations, as set forth at ADEM
and grants a Determination of Adequacy Management Branch, Resource Administrative Code (Admin. Code r.)
for Alabama’s municipal solid waste Conservation and Restoration Division, 335–13–4–.28, along with the statutory
landfill (MSWLF) financial assurance U.S. EPA Region 4, Atlanta Federal authority provided in Section 22–27–8
program. Center, 61 Forsyth Street SW (Mailcode: of the Alabama Code, are adequate to
9T25), Atlanta, Georgia 30303–8960; ensure compliance with the federal
DATES: This Determination of Adequacy telephone number: (404) 562–8457; fax
for Alabama’s MSWLF financial criteria set forth at 40 CFR part 258,
number: (404) 562–9964; email address: subpart G (§§ 258.70 through 258.74).
assurance regulations will be effective simonson.davy@epa.gov.
February 13, 2018, unless adverse Accordingly, EPA is granting a
SUPPLEMENTARY INFORMATION:
comments are received on or before Determination of Adequacy for the
February 13, 2018. If EPA receives I. Background portion of Alabama’s MSWLF permit
adverse comments, EPA will review Section 4005(c)(1)(B) of the Resource program relating to financial assurance
such comments and publish another Conservation and Recovery Act (RCRA), requirements. EPA’s approval of
Federal Register document responding 42 U.S.C. 6945(c)(1)(B), as amended by Alabama’s financial assurance program
to the comments and either affirming or the Hazardous and Solid Waste will result in full federal approval of the
revising this initial decision. Amendments of 1984 (HSWA), requires State’s MSWLF permit program.
ADDRESSES: Written comments, that states develop and implement This action takes effect sixty (60) days
identified by Docket ID No. EPA–R04– permit programs to ensure that MSWLFs after the date of publication if no
RCRA–2017–0534, can be submitted to receiving household hazardous waste or adverse comments are received. EPA’s
the Federal eRulemaking Portal: http:// small quantity generator waste comply action only addresses Alabama’s
www.regulations.gov. Follow the online with the minimum federal criteria for financial assurance requirements for its
instructions for submitting comments. MSWLFs in Title 40 of the Code of MSWLF permit program. EPA is not
Comments can also be sent to Davy Federal Regulations (40 CFR) part 258. reopening, nor soliciting public
Simonson, Materials and Waste Section 4005(c)(1)(C) of RCRA, 42 comments on, its prior approval of the
Management Branch, Resource U.S.C. 6945(c)(1)(C), then requires that remaining portions of Alabama’s
Conservation and Restoration Division, EPA determine whether a state’s
U.S. EPA Region 4, Atlanta Federal MSWLF permit program. EPA will only
MSWLF permit program is adequate.
Center, 61 Forsyth Street SW (Mailcode: respond to comments addressing the
The federal regulations at 40 CFR part
9T25), Atlanta, Georgia 30303–8960; 239 set forth the procedures EPA will financial assurance portion of
telephone: (404) 562–8457. Comments follow in determining the adequacy of Alabama’s MSWLF permit program.
may be submitted electronically to such state programs. Authority: This action is issued under the
simonson.davy@epa.gov, or by facsimile In 1993, Alabama applied to EPA for authority of sections 2002, 4005, and 4010(c)
to (404) 562–9964. You may examine partial program approval for its MSWLF of the Solid Waste Disposal Act, as amended,
copies of the application materials permit program. At that time, ADEM did
sradovich on DSK3GMQ082PROD with NOTICES
42 U.S.C. 6912, 6945, and 6949(a).
submitted by Alabama during normal not have the statutory authority to Dated: November 9, 2017.
business hours at EPA Region 4, or at require financial assurance at MSWLFs;
Onis ‘‘Trey’’ Glenn, III,
the offices of ADEM, 1400 Coliseum however, its regulations contained all of
Boulevard, Montgomery, Alabama the other required MSWLF criteria in 40 Regional Administrator, Region 4.
36110–2400, attn: Russell A. Kelly, CFR part 258. On March 2, 1994 (59 FR [FR Doc. 2017–27102 Filed 12–14–17; 8:45 am]
Chief, Permits and Services Division, 9979), EPA granted a Determination of BILLING CODE 6560–50–P
telephone: (334) 271–7714. Adequacy to Alabama, approving its
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Document Created: 2017-12-15 03:37:18
Document Modified: 2017-12-15 03:37:18
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Dates | This Determination of Adequacy for Alabama's MSWLF financial assurance regulations will be effective February 13, 2018, unless adverse comments are received on or before February 13, 2018. If EPA receives adverse comments, EPA will review such comments and publish another Federal Register document responding to the comments and either affirming or revising this initial decision. | |
| Contact | Davy Simonson, Materials and Waste Management Branch, Resource Conservation and Restoration Division, U.S. EPA Region 4, Atlanta Federal Center, 61 Forsyth Street SW (Mailcode: 9T25), Atlanta, Georgia 30303-8960; telephone number: (404) 562-8457; | |
| FR Citation | 82 FR 59601 |
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