[Federal Register: October 7, 2003 (Volume 68, Number 194)]
[Rules and Regulations]
[Page 57824-57825]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07oc03-13]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 239 and 258
[FRL-7569-4]
Virginia: Approval of Financial Assurance Regulations for the
Commonwealth's Municipal Solid Waste Landfill Permitting Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Immediate final rule.
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SUMMARY: In Federal Register documents of February 3, 1993 and March
31, 1994, the Commonwealth of Virginia received Federal determinations
of partial program adequacy for its Municipal Solid Waste Landfill
permit program under section 4005 of the Resource Conservation and
Recovery Act (RCRA). This section requires states to develop and
implement permit programs that ensure that Municipal Solid Waste
Landfills (MSWLF) which may receive hazardous household waste or small
quantity generator waste are obligated to comply
[[Page 57825]]
with the revised Federal MSWLF Criteria. Initially, Virginia submitted
to EPA for approval relevant regulations that corresponded to all
sections of 40 CFR part 258 except for Subpart G, Financial Assurance
Criteria. On November 21, 2001, the Commonwealth of Virginia adopted
financial assurance regulations for MSWLFs and on January 21, 2003
submitted these regulations to EPA for approval. Subject to the
opportunity for public review and comment, this notice approves
Virginia's financial assurance regulations.
DATES: This approval shall become effective December 8, 2003 unless
adverse comments are received on or before November 6, 2003.
ADDRESSES: Written comments should be sent to Mike Giuranna, RCRA State
Programs Branch, Waste & Chemicals Management Division (3WC21), U.S.
EPA Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103-
2029, telephone: (215) 814-3298. Comments may also be submitted electronically through the Internet to: giuranna.mike@epamail.epa.gov
or by facsimile at (215) 814-3163. You may examine copies of the
materials submitted by Virginia during normal business hours at EPA,
Region III or at the offices of the Virginia Department of
Environmental Quality (VADEQ) at 629 East Main Street, Richmond,
Virginia 23219, Phone Number (804) 698-4238, attn: John Ely.
FOR FURTHER INFORMATION CONTACT: Mike Giuranna, Mailcode 3WC21, RCRA
State Programs Branch, U.S. EPA Region III, 1650 Arch Street,
Philadelphia, PA 19103-2029, Phone Number: (215) 814-3298, e-mail: giuranna.mike@epa.gov.
SUPPLEMENTARY INFORMATION: In Federal Register notices of February 3,
1993, (58 FR 6955) and March 31, 1994, (59 FR 15201) EPA determined
that all portions of Virginia's Municipal Solid Waste Landfill
permitting program, with the exception of the financial assurance
portion, were equivalent to EPA's regulations for such programs under
40 CFR part 258. On January 21, 2003, Virginia submitted its financial
assurance regulations to EPA for approval. After a thorough review, EPA
determined that Virginia's financial assurance regulations, as defined
under 9 VAC 20-70, Commonwealth of Virginia Financial Assurance
Regulations for Solid Waste Disposal, Transfer and Treatment
Facilities, are adequate to assure compliance with the Federal criteria
as defined at 40 CFR part 258, subpart G (Sec. Sec. 258.70 through
258.74). This determination will give full Federal approval to
Virginia's Municipal Solid Waste Landfill permitting program.
Statutory and Executive Order Reviews
This rule only approves State solid waste requirements pursuant to
RCRA section 4005 and imposes no requirements other than those imposed
by State law (see SUPPLEMENTARY INFORMATION, above). 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 rule from its review under
Executive Order 12866.
2. Paperwork Reduction Act--This rule does not impose an
information collection burden under the Paperwork Reduction Act.
3. Regulatory Flexibility Act--After considering the economic
impacts of today's rule on small entities under the Regulatory
Flexibility Act, I certify that this rule will not have a significant
economic impact on a substantial number of small entities.
4. Unfunded Mandates Reform Act--Because this rule approves pre-
existing requirements 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 Act.
5. Executive Order 13132: Federalism--Executive Order 13132 does
not apply to this rule because it will not have federalism implications
(i.e., substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government).
6. Executive Order 13175: Consultation and Coordination with Indian
Tribal Governments--Executive Order 13175 does not apply to this rule
because it will not have tribal implications (i.e., 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).
7. Executive Order 13045: Protection of Children from Environmental
Health & Safety Risks--This rule 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 rule 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--EPA approves State
programs as long as they meet criteria required by RCRA, so 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 requirements of
RCRA. Thus, section 12(d) of the National Technology Transfer and
Advance Act does not apply to this rule.
10. Congressional Review Act--EPA will submit a report containing
this rule 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. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2). This action will be effective
December 8, 2003.
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 document 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).
James W. Newsom,
Acting Regional Administrator, Region III.
[FR Doc. 03-25398 Filed 10-6-03; 8:45 am]
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