Beruflich Dokumente
Kultur Dokumente
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Federal Register / Vol. 70, No. 217 / Thursday, November 10, 2005 / Notices 68447
comment, and it allows EPA to contact Building, 1301 Constitution Avenue, new provisions of 40 CFR Part 258 are
you if further information on the NW., Washington, DC, Attention Docket outlined in 40 CFR 239.12.
substance of the comment is needed or ID No. ORD–2005–0023 (note: this is not Indiana’s MSWLF permit program
if your comment cannot be read due to a mailing address). Such deliveries are was approved on October 8, 1996 (61 FR
technical difficulties. EPA’s policy is only accepted during the docket’s 52791). On May 11, 2005, Indiana
that EPA will not edit your comment, normal hours of operation as identified applied for approval of its RD&D permit
and any identifying or contact in Unit I.A.1. provisions. On July 26, 2005, EPA
information provided in the body of a Dated: November 3, 2005. published a proposed determination of
comment will be included as part of the adequacy (70 FR 43105) of Indiana’s
Kevin Y. Teichman,
comment placed in the official public RD&D permit requirements. The notice
Director, Office of Science Policy.
docket and made available in EPA’s provided a public comment period that
electronic public docket. If EPA cannot [FR Doc. 05–22376 Filed 11–9–05; 8:45 am]
ended on August 25, 2005. EPA
read your comment due to technical BILLING CODE 6560–50–P
received two comments on the proposed
difficulties and cannot contact you for adequacy determination. One comment
clarification, EPA may not be able to supported the proposed determination
consider your comment. ENVIRONMENTAL PROTECTION
AGENCY and one comment expressed concerns.
i. EDOCKET. Your use of EPA’s
electronic public docket to submit B. Response to Comment
comments to EPA electronically is [FRL–7995–1]
The adverse commenter urged EPA
EPA’s preferred method for receiving Adequacy of Indiana Municipal Solid not to approve Indiana’s or any state’s
comments. Go directly to EDOCKET at Waste Landfill Program application to modify its approved
http://www.epa.gov/edocket/, and
MSWLF permit program to add RD&D
follow the online instructions for AGENCY: Environmental Protection
submitting comments. To access EPA’s permit authority, because of a pending
Agency (EPA).
electronic public docket from the EPA legal challenge to the EPA’s rule
ACTION: Notice of Final Determination of amending 40 CFR part 258 to allow for
Internet Home Page, http:// Adequacy.
www.epa.gov, select ‘‘Information RD&D variances (GrassRoots Recycling
Sources,’’ ‘‘Dockets,’’ and ‘‘EDOCKET.’’ SUMMARY: The U.S. Environmental
Network v. EPA, No. 04–1196 (D.C.
Once in the system, select ‘‘search,’’ and Protection Agency, Region 5 is Cir.)). EPA does not agree that the
then key in Docket ID No. ORD–2005– approving a modification to Indiana’s pending legal challenge prevents
0023. The system is an anonymous approved municipal solid waste landfill implementation of the RD&D rule. The
access system, which means EPA will (MSWLF) permit program. The existence of a petition for review does
not know your identity, e-mail address, modification allows the State to issue not, by itself, suspend implementation
or other contact information unless you research, development and of the RD&D rule. The commenter also
provide it in the body of your comment. demonstration (RD&D) permits to opposes modification of the state
ii. E-mail. Comments may be sent by owners and operators of MSWLF units program in order to preserve state
electronic mail (e-mail) to in accordance with its state law. resources. It is the State’s, not EPA’s,
ORD.Docket@epa.gov, Attention Docket decision to implement the RD&D rule
DATES: This final determination is during the pendency of the legal
ID No. ORD–2005–0023. In contrast to effective November 10, 2005.
EPA’s electronic public docket, EPA’s e- challenge, and Indiana has decided to
mail system is not an anonymous access FOR FURTHER INFORMATION CONTACT: seek approval of its permit program
system. If you send an e-mail comment Susan Mooney, mailcode DW–8J, Waste modification even with the knowledge
directly to the docket without going Management Branch, U.S. EPA Region of the pending case.
through EPA’s electronic public docket, 5, 77 West Jackson Boulevard, Chicago, In sum, the comment did not address
EPA’s e-mail system automatically Illinois 60604, telephone (312) 886– either the substance or adequacy of
captures your e-mail address. E-mail 3585, mooney.susan@epa.gov. Indiana’s RD&D permit requirements, or
addresses that are automatically SUPPLEMENTARY INFORMATION: the basis of EPA’s proposed decision to
captured by EPA’s e-mail system are A. Background approve those requirements. EPA has
included as part of the comment that is concluded that the comment is not a
placed in the official public docket, and On March 22, 2004, EPA issued a basis for disapproving Indiana’s permit
made available in EPA’s electronic final rule amending the municipal solid program modification.
public docket. waste landfill criteria in 40 CFR part
iii. Disk or CD ROM. You may submit 258 to allow for research, development C. Decision
comments on a disk or CD ROM mailed and demonstration (RD&D) permits. (69 After a thorough review, EPA Region
to the mailing address identified in Unit FR 13242). This rule allows for 5 has determined that Indiana’s RD&D
I.B.2. These electronic submissions will variances from specified criteria for a permit provisions as defined under 329
be accepted in Word, WordPerfect or limited period of time, to be IAC 10–11–6.5 are adequate to ensure
rich text files. Avoid the use of special implemented through state-issued compliance with the Federal criteria as
characters and any form of encryption. RD&D permits. RD&D permits are only defined at 40 CFR 258.4.
2. By Mail. Send your comments to: available in states with approved
MSWLF permit programs which have Authority: This action is issued under the
U.S. Environmental Protection Agency, authority of section 2002, 4005 and 4010(c)
ORD Docket, EPA Docket Center (EPA/ been modified to incorporate RD&D of the Solid Waste Disposal Act, as amended,
DC), Mailcode: 28221T, 1200 permit authority. While States are not 42 U.S.C. 6912, 6945 and 6949(a).
Pennsylvania Ave., NW., Washington, required to seek approval for this new
provision, those States that are Dated: October 28, 2005.
DC, 20460, Attention Docket ID No.
ORD–2005–0023. interested in providing RD&D permits to Bharat Mathur,
3. By Hand Delivery or Courier. owners and operators of MSWLFs must Acting Regional Administrator, Region 5.
Deliver your comments to: EPA Docket seek approval from EPA before issuing [FR Doc. 05–22380 Filed 11–9–05; 8:45 am]
Center (EPA/DC), Room B102, EPA West such permits. Approval procedures for BILLING CODE 6560–50–P
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