[Federal Register Volume 82, Number 116 (Monday, June 19, 2017)]
[Pages 27815-27816]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-12740]



[EPA-R05-RCRA-2017-0199; FRL-9963-64--Region 5]

Minnesota: Notice of Determination of Adequacy of Minnesota's 
Research, Development and Demonstration (RD&D) Permit Provisions for 
Municipal Solid Waste Landfills (MSWLF)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.


SUMMARY: On May 10, 2016, 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).
    On March 24, 2017, Minnesota Pollution Control Agency (MPCA) 
submitted a notification to EPA Region 5 seeking federal approval of 
its current RD&D permitting program (Minnesota Rules (Minn. R.) 
7035.0450), which incorporates by reference the changes to 40 CFR 
258.4. Subject to public review and comment, this notice approves 
Minnesota's RD&D permit requirements.

DATES: This determination of adequacy of Minnesota's RD&D permitting 
program will become effective August 18, 2017 unless adverse comments 
are received. If adverse comments are received, EPA will review those 
comments and publish another Federal Register document responding to 
those comments and either affirm or revise EPA's initial decision. 
Comments on this action must be received on or before July 19, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
RCRA-2017-0199, to the Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or withdrawn. The 
EPA may publish any comment received to 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. The 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 http://www2.epa.gov/dockets/commenting-epa-dockets.

and Chemicals Division, 77 West Jackson Boulevard LM-16J, Chicago, 
Illinois 60604, (312) 886-0880, [email protected].


A. Background

    On March 22, 2004, EPA issued a final rule amending the MSWLF 
criteria in 40 CFR 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 provision, 
those states interested in providing RD&D permits must seek approval 
from EPA before issuing such permits. On February 15, 2005, Minnesota 
received approval of its RD&D permit program (Minn. R. 7035.0450). On 
March 24, 2017, MPCA submitted a notification to EPA Region 5 seeking 
Federal approval of its RD&D requirements per the procedures in 40 CFR 
239.12. Minnesota's rules authorizing RD&D permits (Minn. R. 7035.0450) 
do not establish a specific term in years and instead incorporate by 
reference 40 CFR 258.4. Therefore, Minn. R. 7035.0450 automatically 
updates with the additional permit renewal revision in 40 CFR 258.4.

[[Page 27816]]

B. Decision

    EPA has made a determination that the Minnesota RD&D permit 
provisions as set out in Minn. R.7035.0450 comply with the Federal 
criteria, as set forth in 40 CFR 258.4.

    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: May 24, 2017.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.
[FR Doc. 2017-12740 Filed 6-16-17; 8:45 am]