[Federal Register Volume 78, Number 17 (Friday, January 25, 2013)]
[Rules and Regulations]
[Pages 5288-5290]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-01435]



40 CFR Parts 239 and 258

[EPA-R01-RCRA-2012-0944; FRL-9771-7]

Adequacy of Massachusetts Municipal Solid Waste Landfill Permit 

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.


SUMMARY: This action approves a modification to Massachusetts'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 in 
accordance with its State law. On March 22, 2004, EPA issued final 
regulations allowing research, development, and demonstration (RD&D) 
permits to be issued to certain municipal solid waste landfills by 
approved states. On December 7, 2012 Massachusetts submitted an 
application to EPA Region 1 seeking Federal approval of its RD&D 
requirements. After thorough review EPA Region 1 is determining that 
Massachusetts's RD&D permit requirements are adequate through this 
direct final action.

DATES: This determination of RD&D program adequacy for Massachusetts 
will become effective April 25, 2013 without further notice unless EPA 
receives adverse comments on or before March 26, 2013. If adverse 
comments are received, EPA will review the comments and publish another 
Federal Register document responding to the comments and either 
affirming or revising the initial decision.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
RCRA-2012-0944, by one of the following methods:
     www.regulations.gov: Follow the on-line instructions for 
submitting comments.
     Email: [email protected].
     Fax: (617) 918-0646, to the attention of Juiyu Hsieh.
     Mail: Juiyu Hsieh, RCRA Waste Management and UST Section, 
Office of

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Site Remediation and Restoration (OSRR07-1), EPA New England--Region 1, 
5 Post Office Square, Suite 100, Boston, MA 02109-3912.
     Hand Delivery or Courier: Deliver your comments to Juiyu 
Hsieh, RCRA Waste Management and UST Section, Office of Site 
Remediation and Restoration (OSRR07-1), EPA New England--Region 1, 5 
Post Office Square, 7th floor, Boston, MA 02109-3912. Such deliveries 
are only accepted during the Office's normal hours of operation.
    Instructions: Identify your comments as relating to Docket ID No. 
EPA-R01-RCRA-2012-0944. EPA's policy is that all comments received will 
be included in the public docket without change and may be made 
available online at www.regulations.gov, including any personal 
information provided, unless the comment includes information claimed 
to be Confidential Business Information (CBI) or claimed to be other 
information whose disclosure is restricted by statute. Do not submit 
information that you consider to be CBI or otherwise protected through 
www.regulations.gov or email. The 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 email comment directly to EPA without 
going through www.regulations.gov, your email 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. For additional information about EPA's public 
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: EPA has established a docket for this action under Docket 
ID No. EPA-R01-RCRA-2012-0944. All documents in the docket are listed 
on the www.regulations.gov Web site. Although it may be listed in the 
index, some information might not be publicly available, e.g., 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 
through www.regulations.gov or in hard copy at the EPA Region 1 
Library, 5 Post Office Square, 1st floor, Boston, MA 02109-3912; by 
appointment only; tel: (617) 918-1990.

FOR FURTHER INFORMATION CONTACT: Juiyu Hsieh, Remediation and 
Restoration II Branch (Mail Code OSRR07-1), U.S. EPA Region 1, 5 Post 
Office Square, Suite 100, Boston, MA 02109, telephone: (617) 918-1646, 
[email protected].


A. Background

    On March 22, 2004, 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 available only in states with approved MSWLF permit programs that 
have been modified to incorporate RD&D permit authority. While States 
are not required to seek approval to allow permits under this new 
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. Approval procedures for new provisions of 40 CFR 
part 258 are outlined in 40 CFR 239.12.
    Massachusetts's MSWLF permit program was approved on July 5, 1995 
(60 FR 34982). On December 7, 2012, Massachusetts submitted an 
application to EPA Region 1 seeking Federal approval of its RD&D 
project program in conformance with Federal Requirements at 40 CFR 
258.4. The Massachusetts RD&D program utilizes existing State 
regulations at 310 C.M.R. 19.080 and 310 C.M.R. 19.062, which allow the 
State to issue variances, and demonstration project permits, 
respectively. The State has the authority under these regulations to 
ensure that all federal requirements are met, by limiting the variances 
issued to those that are federally allowed, and by attaching conditions 
and requirements to any variances and permits that are issued which 
ensure that all federal requirements will be met. The Massachusetts 
Department of Environmental Protection has entered into a Memorandum of 
Agreement with the EPA in which it has committed to always exercise its 
authority to ensure that all federal requirements are met.

B. Decision

    After a thorough review, EPA is determining that the Massachusetts 
RD&D permit provisions are adequate to comply with the Federal criteria 
as set out in 40 CFR 258.4.

C. Statutory and Executive Order Reviews

    This action approves State solid waste requirements pursuant to 
Resource Conversation 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 12866;
    2. Paperwork Reduction Act: This action does not impose an 
information collection burden under the Paperwork Reduction Act;
    3. Regulatory Flexibility Act: Since this action will not add any 
requirements not already imposed under State law, 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 requirement under State law and does not impose any additional 
enforceable duty beyond that required by State law, it does not contain 
any unfunded mandate or significantly or uniquely affect small 
governments, as described in the Unfunded Mandates Reform Act;
    5. Executive Order 13132: Federalism--Executive Order 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--Executive Order 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);

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    7. Executive Order 13045: Protection of Children from Environmental 
Health and Safety Risks--This action is not subject to Executive Order 
13045 because it is not economically significant and it 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 Executive 
Order 13211 because it is not a significant regulatory action as 
defined in Executive Order 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., material 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 adequately meet the criteria set out 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 
the 40 CFR part 258 criteria. Thus, the National Technology Transfer 
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: January 4, 2013.
Ira W. Leighton,
Acting Regional Administrator, EPA New England, Region 1.
[FR Doc. 2013-01435 Filed 1-24-13; 8:45 am]