[Federal Register: August 4, 2008 (Volume 73, Number 150)]
[Proposed Rules]
[Page 45187-45193]
[DOCID:fr04au08-17]

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 258

[EPA-R09-RCRA-2008-0354; FRL-8700-3]

Tentative Determination to Approve Research, Development, and
Demonstration Request for the Salt River Landfill, and Proposed Finding
of No Adverse Effect Under the National Historic Preservation Act;
Opportunity for Public Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency Region IX is making a
tentative determination to approve a research, development, and
demonstration (RD&D) project at the Salt River Landfill, a commercial
municipal solid waste landfill (MSWLF) owned and operated by the Salt
River Pima-Maricopa County Indian Community (SRPMIC) on the SRPMIC
reservation in Arizona. EPA is seeking public comment on EPA's
tentative determination to approve SRPMIC's RD&D project. Pursuant to
the National Historic Preservation Act (NHPA), EPA is also seeking
public comment on EPA's proposed Area of Potential Effects (APE), the
proposed finding that the Arizona Canal is the sole historic property
within the APE, and the proposed finding that the RD&D project will not
adversely affect the Arizona Canal.

DATES: Comments must be received on or before September 30, 2008. If
sufficient public interest is expressed, EPA will hold a public hearing
at 11 a.m. on September 30, 2008. If by September 18, 2008, EPA does
not receive information indicating sufficient public interest for a
public hearing, EPA may cancel the public hearing with no further
notice. If you are interested in attending the public hearing, contact
Karen Ueno at<PHONE_NUMBER> to verify that a hearing will be held.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
RCRA-2008-0354 by one of the following methods:
     http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>
     Mail: Karen Ueno, Environmental Protection Agency Region
IX, Mailcode: WST-7, 75 Hawthorne Street, San Francisco, CA 94105-3901.
     Hand Delivery: Environmental Protection Agency Region IX,
75 Hawthorne Street, San Francisco, CA. Such deliveries are only
accepted during the Docket Facility's normal hours of operation, and
special arrangements should be made for deliveries of boxed
information.
    Instructions: Direct your comments to Docket ID No. EPA-R09-RCRA-
2008-0354. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://
www.regulations.gov or e-mail. The http://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 e-mail comment directly to EPA without
going through http://www.regulations.gov your e-mail 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.
    Docket: All documents in the docket are listed in the http://
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the Docket Facility
located at the Environmental Protection Agency Region IX, 75 Hawthorne
Street, San Francisco, California. A complete public portion of the
administrative record for this rulemaking is also available for review
at the Docket Facility upon request. The Docket Facility is open from 9
a.m. to 4 p.m., Monday through

Thursday, excluding legal holidays, and is located in a secured
building. To review docket materials at the Docket facility, it is
recommended that the public make an appointment by calling the Docket
Facility at<PHONE_NUMBER> during normal business hours.
    Submitting Comments to EPA:
    1. Tips for Preparing Your Comments. When submitting comments,
remember to:
     Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
     Follow directions--The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
     Explain why you agree or disagree, suggest alternatives,
and substitute language for your requested changes.
     Describe any assumptions and provide any technical
information and/or data that you used.
     If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
     Provide specific examples to illustrate your concerns, and
suggest alternatives.
     Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
     Make sure to submit your comments by the comment period
deadline identified.
    2. Submitting CBI. Do not submit this information to EPA through
http://www.regulations.gov or e-mail. Clearly mark the part or all of
the information that you claim to be CBI. For CBI information in a disk
or CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM
as CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    3. Docket Copying Costs. Copying arrangements will be made through
the Docket Facility and billed directly to the recipient. Copying costs
may be waived depending on the total number of pages copied.
    If sufficient public interest is expressed, EPA will hold a public
hearing at 11 a.m. on September 30, 2008 in Conference Room A of the
offices of the U.S. Bureau of Indian Affairs, 400 North 5th Street,
Phoenix, Arizona.

FOR FURTHER INFORMATION CONTACT: Karen Ueno, Waste Management Division,
WST-7, Environmental Protection Agency, 75 Hawthorne Street, San
Francisco, CA 94105-3901; telephone number:<PHONE_NUMBER>; fax number:
(415) 947-3530; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Background

    Under sections 1008, 2002, 4004, and 4010 of the Resource
Conservation and Recovery Act of 1976 (RCRA) as amended by the
Hazardous and Solid Waste Amendments of 1984 (HSWA), EPA established
revised minimum federal criteria for MSWLFs, including landfill
location restrictions, operating standards, design standards and
requirements for ground water monitoring, corrective action, closure
and post-closure care, and financial assurance. Under RCRA section
4005, states are to develop permit programs for facilities that may
receive household hazardous waste or waste from conditionally exempt
small quantity generators, and EPA determines whether the program is
adequate to ensure that facilities will comply with the revised
criteria.
    The MSWLF criteria are in the Code of Federal Regulations at 40 CFR
part 258. These regulations are self-implementing and apply directly to
owners and operators of MSWLFs. For many of these criteria, 40 CFR part
258 includes a flexible performance standard as an alternative to the
self-implementing regulation. The flexible standard is not self-
implementing, and use of the alternative standard requires approval by
the Director of an EPA-approved state.
    Since EPA's approval of a state program does not extend to Indian
country, owners and operators of MSWLF units located in Indian country
cannot take advantage of the flexibilities available to those
facilities subject to an approved state program. However, the EPA has
the authority under sections 2002, 4004, and 4010 of RCRA to promulgate
site-specific rules that may provide for use of alternative standards.
See Yankton Sioux Tribe v. EPA, 950 F. Supp. 1471 (D.S.D. 1996);
Backcountry Against Dumps v. EPA, 100 F.3d 147 (D.C. Cir. 1996). EPA
has developed draft guidance on preparing a site-specific request to
provide flexibility to owners or operators of MSWLFs in Indian country
(Site-Specific Flexibility Requests for Municipal Solid Waste Landfills
in Indian Country Draft Guidance, EPA530-R-97-016, August 1997).
    On March 22, 2004, EPA issued a final rule at 40 CFR 258.4 amending
the municipal solid waste landfill criteria to allow for RD&D permits.
(69 FR 13242). This rule allows for variances from specified criteria
for a limited period of time. Specifically, the rule allows for the
Director of an approved state to issue a time-limited RD&D permit for a
new MSWLF unit, existing MSWLF unit, or lateral expansion, for which
the owner or operator proposes to use innovative and new methods which
vary from either or both of the following: (1) The run-on control
systems at 40 CFR 258.26(a)(1); and/or (2) the liquids restrictions at
40 CFR 258.28(a), provided that the MSWLF unit has a leachate
collection system designed and constructed to maintain less than a 30-
cm depth of leachate on the liner. The rule also allows for the
issuance of a time-limited RD&D permit for which the owner or operator
proposes to use innovative and new methods that vary from the final
cover criteria at 40 CFR 258.60(a)(1) and (2), and (b)(1), provided
that the owner or operator demonstrates that the infiltration of liquid
through the alternative cover system will not cause contamination to
groundwater or surface water, or cause leachate depth on the liner to
exceed 30 cm. RD&D permits must include such terms and conditions at
least as protective as the criteria for MSWLFs to assure protection of
human health and the environment. An RD&D permit cannot exceed three
years and a renewal of an RD&D permit cannot exceed three years.
Although multiple renewals of an RD&D permit can be issued, the current
total term for an RD&D permit including renewals cannot exceed twelve
years. In adopting the RD&D rule, EPA stated that RD&D facilities in
Indian country could be approved in a site-specific rule.

B. SRPMIC's Site-Specific Flexibility Request

    The Salt River Landfill is a municipal solid waste landfill owned
and operated by the SPRMIC on the SRPMIC's reservation in Arizona. The
landfill site is approximately 200 acres. The Salt River Landfill has
been in operation since October 1993 and serves as a solid waste
collection and disposal point for Maricopa County, Arizona. The
landfill consists of 8 disposal cells within 6 waste disposal areas.
The latter are identified as Phases I--VI. Phase VI is divided into
three cells: VIA, VIB, and

VIC. Construction of Phase VI, which is the last below-grade excavation
planned for the landfill, is complete. The landfill accepts
approximately 2,200 tons of solid waste per day and has composting and
material recovery facilities on-site. The Phases/cells relevant to this
site-specific flexibility request are Phases IIIB, IVA, VIA, VIB, and
VIC.
    In January 2005, the SRPMIC submitted a site-specific flexibility
application request to EPA for the Salt River Landfill. The request is
twofold. It seeks EPA approval to use innovative and new methods which
vary from the liquids restrictions at 40 CFR 258.28(a), as allowed by
EPA's RD&D regulations at 40 CFR 258.4. It also seeks approval to
install an alternative bottom liner, as allowed by EPA's regulations at
40 CFR 258.40. Specifically, SRPMIC is seeking to install an
alternative bottom liner system in and to operate Phase VI as a below
grade anaerobic bioreactor. SRPMIC is also seeking to add certain
liquids to two existing waste disposal cells within the landfill, Phase
IIIB and Phase IVA, which were constructed with an alternative bottom
liner system previously approved by EPA (63 FR 68453, Dec. 11, 1998).
    Between January 2005 and April 2008, the SRPMIC made revisions to
its application request in response to concerns raised by EPA. EPA is
basing its tentative determination and this proposed rule on the
application, dated September 24, 2007, and the April 2008 amendments to
that application. The specific requests for EPA approval in SRPMIC's
application are discussed below. As set forth in more detail below, EPA
is proposing to approve the request and allow SRPMIC to install an
alternative bottom liner system in Phase VI, and to operate Phases VI,
IIIB, and IVA using innovative and new methods which vary from the
liquids restrictions at 40 CFR 258.28(a). This tentative determination
is based on 40 CFR 258.40 and 40 CFR 258.4, respectively.
1. Phase VI: Approval to Install an Alternative Bottom Liner System in
and to Add Certain Liquids to Phase VI
    The SRPMIC is seeking EPA approval to use an alternative bottom
liner system in each of the Phase VI cells (Phase VIA, B, and C).
SRPMIC proposes to replace the 24-inch compacted clay liner of the
composite liner system with a geosynthetic clay liner. As provided in
40 CFR 258.40(a)(1), SRPMIC must ensure that the alternative liner
system does not allow the concentration of the chemicals listed in
Table 1 of 40 CFR 258.40 to be exceeded in the uppermost aquifer at the
relevant point of compliance, as specified by EPA.
    To create bioreactor conditions in Phase VI, SRMPIC is also seeking
EPA approval to recirculate leachate and landfill gas condensate, and
to add storm water and groundwater. A bioreactor uses large amounts of
liquids to accelerate the biodegradation of waste by increasing the
moisture content of the waste. In turn, enhanced biodegradation is
expected to increase the capacity of the cell and extend its operating
life. Without approval as provided in the RD&D rule, MSWLFs are
restricted from adding bulk or noncontanerized liquids to cells, and
from recirculating leachate and landfill gas in cells designed with
alternative liner systems.
    SRPMIC proposes to recirculate leachate and landfill gas
condensate, and to add storm water and groundwater to the Phase VI
cells. Only these types of liquids will be added to Phase VI, and only
to the below grade portions of this Phase. SRPMIC will introduce these
liquids into Phase VI using two methods: Moisture addition at the
working face of the cells, and moisture addition through a series of
below-grade horizontal pipe galleries. The horizontal pipe galleries
will be constructed below-grade as landfilling progresses in Phase VI.
Each horizontal pipe gallery will first be used to collect landfill gas
before being converted to a liquids addition pipe gallery. The
conversion to liquids addition will not occur until the pipe gallery
above it is installed and collecting landfill gas. SRPMIC will install
at least two layers of horizontal pipe galleries in the above-grade
portion of Phase VI. These above-ground horizontal pipe galleries will
be for the sole purpose of collecting gas.
    SRPMIC will monitor for fugitive gas emissions at least annually
using ground-based optical remote sensing in accordance with EPA's
approved method (EPA OTM-10). Increases to fugitive gas emission are a
concern with bioreactor operations due to the enhanced biological
degradation of the solid waste and the associated rise in the amount of
gas generated. SRPMIC will monitor for fugitive emission and use this
and other monitoring and operating information collected to better
project the amount of landfill gas generated and the performance of the
landfill gas collection system.
    In addition to increasing the amount of gas generated, bioreactors
increase the amount of leachate produced. SRPMIC's design for Phase VI
includes a separate leachate collection and recovery system in each of
the three cells to support the increase in leachate production
associated with bioreactor operation. SRPMIC performed modeling to
estimate peak leachate depth on the liner to help ensure that the
federal regulatory limit of less than 30-cm would be maintained. The
leachate collection system is equipped with an alarm that is triggered
in response to any depth of leachate on the liner outside of the sump
(for example, if the sump is not fully draining).
    SRPMIC will collect data and results related to the operation of
Phase VI, including the quality and quantity of gas and leachate
generated, and the efficiency of the landfill gas and leachate capture
systems. As stated in SRPMIC's application of September 24, 2007, and
the April 2008 amendments to that application, an overarching goal is
to demonstrate that the proposed operation of Phase VI does not
increase risk to human health and the environment over a standard MSWLF
permit.
2. Phase IIIB and IVA: Approval to Add Certain Liquids to Below Grade
Portions of Cells With Previously EPA-Approved Alternative Bottom Liner
Systems
    SRPMIC is seeking EPA approval to add certain liquids to below-
grade portions of two existing cells, Phases IIIB and IVA, each of
which were constructed using an alternative bottom liner system
previously approved by EPA (63 FR 68453, December 11, 1998). As noted,
above, without approval as provided in the RD&D rule, MSWLFs are
restricted from adding bulk or noncontanerized liquids to cells, and
from recirculating leachate and landfill gas condensate in cells
designed with alternative liner systems.
    SRPMIC proposes to add liquids to Phases IIIB and IVA, but does not
intend to increase the moisture content of the solid waste mass to a
bioreactor level (40 CFR 63.1990 defines ``bioreactor'' as reaching a
minimum average moisture content of at least 40% by weight). SRPMIC is
seeking to add only 25% of the liquids volume that would be needed to
increase moisture content to 40%. SRPMIC proposes to increase the
moisture content of the waste mass by recirculating leachate and
landfill gas condensate, and by adding storm water and groundwater.
Only these types of liquids will be added to Phases IIIB and IVA, and
only to the below grade portions of these Phases.
    SRPMIC will add the liquids using the existing gas collection pipes
in these cells. Field practice and research have shown that using the
same pipe galleries to both collect gas and distribute liquids can
negatively affect the gas collection efficiency of the pipes. SRPMIC
will monitor the gas flow. If the gas flow rate drops below 50% of the
pre-liquids

injection rate, SRPMIC will suspend liquids injection until gas flow
rebounds to 75% of the pre-liquids injection rate.
    As proposed for Phase VI, SRPMIC will monitor for fugitive gas
emission and use this and other monitoring and operating information to
better project the amount of landfill gas generated and the performance
of the landfill gas collection system. SRPMIC will collect data and
results related to the operation of Phases IIIB and IVA, including the
quality and quantity of gas and leachate generated, and the efficiency
of the landfill gas and leachate capture systems.
    SRPMIC has performed modeling to determine how much liquid can be
added annually to Phases IIIB and IVA to, among other things, keep the
depth of leachate on the liner to less than 30 cm as required by the
federal regulations. SRPMIC is required to suspend adding liquids to
Phases IIIB and IVA if operating parameters are not being met,
including depth of leachate on the liner at or over 30 cm, ponding, gas
collection difficulty, and seeps. As stated in SRPMIC's application of
September 24, 2007, and the April 2008 amendments to that application,
an overarching goal is to demonstrate that the proposed operation of
Phase IIIB and IVA does not increase risk to human health and the
environment over a standard MSWLF permit.
    To further reduce the potential risk posed by increased liquids
addition and leachate generation from Phases VI, IIIB, and IVA, SRPMIC
will install a new groundwater monitoring network of 7 wells. The
network will be used to monitor the uppermost portion of the aquifer
for changes to groundwater elevation and quality. SRPMIC shall maintain
at least a 25-foot separation zone between the bottom of the landfill
and groundwater. SRPMIC will also monitor liquids balance (how much
liquid is being deposited into the landfill compared to how much is
being collected), mass balance (the mass of the materials deposited
into the landfill, compared to the mass of what is being collected),
and waste volume and settlement.

II. EPA's Action

A. Tentative Determination To Approve SRPMIC's Site-Specific
Flexibility Request

    After completing a review of SRPMIC's final site-specific
flexibility application request, dated September 27, 2007, and the
amendments to that application, dated April 2008, EPA is proposing to
approve SRPMIC's site-specific flexibility request to: (1) Install an
alternative bottom liner system in Phase VI and to operate Phase VI as
an anaerobic bioreactor by recirclating leachate and landfill gas
condensate, and adding storm water and groundwater to the below grade
portions of Phase VI; and (2) recirculate leachate and landfill gas
condensate and add storm water and groundwater to the below grade
portions of Phases IIIB and IVA to increase the moisture content of the
waste mass in these phases, both of which have previously EPA-approved
alternative bottom liner systems.
    EPA is basing its tentative determination on a number of factors,
including SRPMIC's overarching goal to demonstrate protection of human
health and the environment, and the requirement of today's rule to
maintain less than 30-cm depth of leachate on the liner.
    EPA considered certain issues pertaining to the proposed RD&D
project, including the potential for increased leachate production and
increased landfill gas generation and fugitive emissions from operation
of the bioreactor. With respect to the potential for increased leachate
production, SRPMIC performed modeling to project the impact of liquids
addition on the liner and peak leachate production rates, and to assess
the adequacy of the leachate collection system design capacity. This
modeling demonstrated that the leachate collection system is designed
to appropriately handle the amount of anticipated leachate and that the
increase in liquids should not adversely affect the performance of the
liner system in protecting groundwater. SRPMIC will also maintain a 25-
foot or greater separation zone between the bottom of the landfill and
the top of the groundwater aquifer. SRPMIC will routinely monitor
leachate quantity and quality, liquids balance, volume and settlement
of the waste, and groundwater quality and levels. By monitoring, SRPMIC
will be able to ensure effective and protective ongoing operations of
these Phases of the landfill and provide data for EPA to use in its
ongoing RD&D study.
    With respect to the potential for increased landfill gas generation
and fugitive gas emissions, SRPMIC will ensure that each horizontal
pipe gallery in Phase VI will be used to collect landfill gas before
being converted for liquids addition to reduce the risk of negatively
affecting the gas collection efficiency of the pipe gallery. No pipe
gallery will be converted to liquids addition until the pipe gallery
above it is installed and collecting landfill gas. SRPMIC also will
install at least two layers of horizontal pipe galleries in the above-
grade portion of Phase VI for the sole purpose of collecting gas. To
further reduce the risk of increased landfill gas generation and
fugitive emissions, SRPMIC will only add liquids to the below-grade
portions of Phases VI, IIIB, and IVA. SRPMIC will monitor fugitive gas
emissions annually or more frequently, as appropriate, using ground-
based optical remote sensing (EPA OTM-10), and will routinely monitor
landfill gas quantity and quality. Using information gained from the
monitoring program, SRPMIC will propose site-specific input parameters
to EPA that improve modeling calculations for the amount of landfill
gas generated and the performance of landfill gas collection systems.
    In the event that EPA determines that the project goals are not
being attained, including protecting human health and the environment,
EPA may terminate SRPMIC's authority to operate the RD&D project.
    As part of this tentative determination, and in accordance with 40
CFR 258.4, EPA is proposing to require SRPMIC to maintain less than 30
cm depth of leachate on the liner in Phases VI, IIIB, and IVA, and to
ensure that the approved operation of these Phases is protective of
human health and the environment. For purposes of the alternative liner
system in Phase VI, the relevant point(s) of compliance pursuant to 40
CFR 258.40 will be determined by EPA and shall be no more than 150
meters from the waste management cell boundaries and located on land
owned by the owner of the cells.
    In accordance with its application, SRPMIC will submit annual
reports to EPA that summarize and show whether and to what extent RD&D
project goals are being achieved. The annual report will include a
summary of all monitoring and testing results. Any deviations from the
September 27, 2007 application, and the April 2008 amendments to that
application, must continue to conform to the standards set forth in 40
CFR 258.4 and require the prior approval of EPA.
    Also in accordance with its application, SRPMIC will arrange for
independent, third party inspections of the RD&D operations on a
quarterly basis throughout the term of the RD&D approval. Copies of the
report will be submitted to EPA.
    The tentative determination would allow operation of the subject
Phases of the landfill consistent with the RD&D rule for a total of 12
years. However, the owner or operator of the landfill must seek a
renewal of this authority every

three years. EPA is proposing to allow operation of the landfill cells
in accordance with the RD&D rule for three years, but the operator may
request a renewal of the authorization by submitting a request to the
Director of the Waste Management Division. Each renewal request would
be subject to public notice and comment. No renewal may be for greater
than three years and the overall period of operation may not exceed
twelve years.

B. Proposed Finding of No Adverse Effect Under NHPA

    As part of the NHPA process, EPA is proposing a \1/2\-mile radius
around the Salt River Landfill as the area of potential effects (APE).
An APE is the geographic area within which a project may directly or
indirectly cause alterations in the character or use of historic
properties, if any such properties exist. In proposing a \1/2\-mile
APE, EPA considered that SRPMIC's request is of a limited nature at a
landfill that already exists and has been operating since 1993. EPA's
proposed APE is consistent with the policy of the Archaeology
Department of SRPMIC's Environmental Protection and Natural Resources
Division. SRPMIC does not have a Tribal Historic Preservation Officer
(THPO).
    In accordance with the NHPA, EPA consulted with SRPMIC's
Archaeology Department, the Arizona State Historic Preservation
Officer, the U.S. Bureau of Reclamation, the Salt River Project, the
U.S. Bureau of Indian Affairs and nearby certified local governments on
SRPMIC's RD&D request and reviewed the NHPA requirements. EPA provided
the following tribes, who may have a cultural or historic interest
within the proposed APE, with an opportunity to identify such cultural
or historic properties: Ak-Chin Indian Community; Fort McDowell Yavapai
Nation; Gila River Indian Community; Hopi Tribe; Pascua Yaqui Tribe;
Tohono O'odham Nation; Yavapai-Apache Nation; Yavapai-Prescott Indian
Tribe. No cultural or historic property was identified by these tribes,
nor was any interest expressed to further consult with EPA.
    Only one historic property, the Arizona Canal, has been identified
within the proposed APE. The Arizona Canal and associated access roads
and banks are the property of the U.S. Bureau of Reclamation.
Construction of the Arizona Canal began in 1883. It is a concrete-lined
structure that continues to distribute water for domestic and
irrigation uses in Maricopa County. The canal banks support a variety
of non-motorized recreation activities, such as hiking, bicycling,
walking, and jogging.
    The northern border of the Salt River Landfill is adjacent to the
Arizona Canal. An eight-foot fence separates the landfill and the
canal, and at its closest proximity, the fence is approximately 50 feet
away from the canal. An additional 10-30 feet separates the fence from
the proposed locations of the new groundwater wells nearest to the
canal. Recreational use of the canal is restricted and minimized in the
vicinity of the SRPMIC border.
    The proposed SRPMIC RD&D project could potentially impact the
Arizona Canal in three ways: (1) Off-site migration of leachate, (2)
disturbance from the installation of the 7 new groundwater monitoring
network wells, and (3) fugitive gas emissions.
    It is not likely that there would be off-site migration of leachate
via the groundwater or surface water pathways. With respect to the
groundwater pathway, SRPMIC will maintain a 25-foot or greater zone of
separation between the bottom of the landfill and the top of the
aquifer to prevent leachate from coming into contact with groundwater.
Each waste cell is or will be equipped with a bottom liner and leachate
collection system to further reduce the risk of off-site leachate
migration. With respect to the surface water pathway, the leachate
retention pond has the estimated capacity to accommodate the additional
leachate projected to be generated from Phases VI, IIIA, and IVB, even
when leachate is not being recirculated back into the landfill.
Stormwater is retained on-site and stormwater retention capacity will
continue to be increased by SRPMIC throughout the life of the landfill.
The canal, itself, is protected by berms and is at a higher elevation
than the landfill. Surface water from the landfill does not flow
towards the canal.
    The installation of 7 new groundwater monitoring wells should not
have an adverse impact on the canal. The noise, equipment, vehicles,
and possible dust associated with installing wells should not affect
recreation use of the canal because the installation process is short-
term, and recreation use is restricted and minimized along the SRPMIC
border. In addition, the proposed well locations and the canal are
separated by an eight-foot fence and a distance of 60 feet or more.
Because surface water does not move from the landfill towards the
canal, and because storm water is retained on-site, it is not likely
that loosened sediment from ground disturbance would find a ready
pathway to the canal.
    Increased gas generation and emissions should not negatively impact
the canal, as the canal is made of concrete, an inert building
material. As required by EPA approval of the proposed RD&D project,
each of the waste cells have or will have a gas collection and control
system, and SRPMIC will routinely monitor the quality and quantity of
landfill gas and fugitive emissions, and assess collection efficiency.
The gas that is collected will be destroyed at the landfill's flare
station or converted into energy. To the extent there are increased
fugitive emissions, recreational use of the canal should not be
adversely affected since there are few, if any, such uses along the
SRPMIC border of the canal.
    Pursuant to section 106 of the NHPA, EPA has reviewed SRPMIC's
site-specific flexibility request to take into account the effect of
the proposed RD&D project on historic properties. EPA requests public
comment on its proposed \1/2\-mile area of potential effects, its
proposed finding that the Arizona Canal is the sole historic property
within the APE, and its proposed finding of no adverse effect.

III. Statutory and Executive Order Reviews

    Under Executive Order 12866, ``Regulatory Planning and Review'' (58
FR 51735, October 4, 1993), this rule is not of general applicability
and therefore is not a regulatory action subject to review by the
Office of Management and Budget (OMB).
    This rule does not impose an information collection burden under
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.) because it applies to a particular facility only.
    Because this rule is of particular applicability relating to a
particular facility, it is not subject to the regulatory flexibility
provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), or
to sections 202, 204, and 205 of the Unfunded Mandates Reform Act of
1995 (UMRA) (Pub. L. 104-4). Because this rule will affect only a
particular facility, it will not significantly or uniquely affect small
governments, as specified in section 203 of UMRA.
    Because this rule will affect only a particular facility, this
proposed rule does not have federalism implications. It will not have
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, as
specified in Executive Order 13132, ``Federalism,'' (64 FR 43255,
August 10,

1999). Thus, Executive Order 13132 does not apply to this rule.
    This rule also is not subject to Executive Order 13045,
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it is not economically
significant as defined in Executive Order 12866, and because the Agency
does not have reason to believe the environmental health or safety
risks addressed by this action present a disproportionate risk to
children. The basis for this belief is EPA's conservative analysis of
the potential risks posed by SRPMIC's proposal and the controls and
standards set forth in the application.
    This rule is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355, May 22, 2001), because it is not a
significant regulatory action under Executive Order 12866.
    As required by section 3 of Executive Order 12988, ``Civil Justice
Reform,'' (61 FR 4729, February 7, 1996), in issuing this rule, EPA has
taken the necessary steps to eliminate drafting errors and ambiguity,
minimize potential litigation, and provide a clear legal standard for
affected conduct.
    Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments,'' (65 FR 67249, November 9, 2000),
calls for EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' EPA has concluded that this
action may have tribal implications because it is directly applicable
to the owner and/or operator of the landfill, which is currently the
Tribe. However, this tentative determination, if made final, will
neither impose substantial direct compliance costs on tribal
governments, nor preempt Tribal law. This tentative determination to
approve the SRPMIC's application will affect only the SRPMIC's
operation of their landfill on their own land.
    EPA consulted with the SRPMIC early in the process of making this
tentative determination to approve the Tribe's RD&D project so as to
give them meaningful and timely input into the determination. In 2005,
SRPMIC submitted its site-specific RD&D flexibility request. Between
2005 and 2008, many technical issues were raised and addressed
concerning SRPMIC's proposal. EPA's consultation with the Tribe
culminated in the SRPMIC submitting an RD&D application amendment in
April of 2008.
    With respect to the type of flexibility being afforded to SRPMIC
under this proposed rule, Executive Order 13175 does provide for
agencies to review applications for flexibility ``with a general view
toward increasing opportunities for utilizing flexible policy
approaches at the Indian tribal level in cases in which the proposed
waiver is consistent with the applicable Federal policy objectives and
is otherwise appropriate.'' In formulating this tentative determination
and proposed rule, the Region has been guided by the fundamental
principles set forth in Executive Order 13175 and has granted the
SRPMIC the ``maximum administrative discretion possible'' within the
standards set forth under the RD&D rule in accordance with Executive
Order 13175.
    EPA specifically solicits any additional comment on this tentative
determination from tribal officials of the SRPMIC.
    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) directs EPA to use voluntary consensus
standards in its regulatory activities unless to do so would be
inconsistent with applicable law or otherwise impractical. Voluntary
consensus standards are technical standards, (e.g., materials
specifications, test methods, sampling procedures, and business
practices) that are developed or adopted by voluntary consensus
standards bodies. The NTTAA directs EPA to provide Congress, through
OMB, explanations when the Agency decides not to use available and
applicable voluntary consensus standards.
    The technical standards included in the application were proposed
by SRPMIC. Given EPA's obligations under Executive Order 13175 (see
above), the Agency has, to the extent appropriate, applied the
standards established by the Tribe. In addition, the Agency considered
the Interstate Technology and Regulatory Council's February 2006
technical and regulatory guideline ``Characterization, Design,
Construction, and Monitoring of Bioreactor Landfills.''

    Authority: Sections 1008, 2002, 4004, and 4010 of the Solid
Waste Disposal Act, as amended, 42 U.S.C. 6907, 6912, 6944, and
6949a. Temporary Delegation of Authority to Promulgate Site-Specific
Rules to Respond to Requests for Flexibility from Owners/Operators
of Municipal Solid Waste Landfill Facilities in Indian Country,
February 26, 2008, Incorporation by Reference.

List of Subjects in 40 CFR Part 258

    Environmental protection, Municipal landfills, Reporting and
recordkeeping requirements, Waste treatment and disposal.

    Dated: July 23, 2008.
Wayne Nastri,
Regional Administrator, Region IX.

    For the reasons stated in the preamble, 40 CFR part 258 is proposed
to be amended as follows:

PART 258--CRITERIA FOR MUNICIPAL SOLID WASTE LANDFILLS

Subpart D--[Amended]

    1. The authority citation for part 258 continues to read as
follows:

    Authority: 33 U.S.C. 1345(d) and (e); 42 U.S.C. 6902(a), 6907,
6912(a), 6944, 6945(c) and 6949a(c), 6981(a).

    2. Amend subpart D by adding Sec.  258.42 to read as follows:

Sec.  258.42  Approval of Site-specific Flexibility Requests in Indian
Country.

    (a) Salt River Pima-Maricopa Indian Community (SRPMIC), Salt River
Landfill Research, Development, and Demonstration Project Requirements.
Paragraph (a) of this section applies to the Salt River Landfill, a
municipal solid waste landfill owned and operated by the SPRMIC on the
SRPMIC's reservation in Arizona, which includes waste disposal areas
identified as ``Phases I-VI.'' The Research, Development, and
Demonstration Permit Application Salt River Landfill, submitted by
SRPMIC and dated September 24, 2007 and amended in April 2008 is hereby
incorporated into this provision by this reference. The facility owner
and/or operator may operate the facility in accordance with this
application, including the following activities more generally
described as follows:
    (1) The owner and/or operator may install a geosynthetic clay liner
as an alternative bottom liner system in Phase VI.
    (2) The owner and/or operator may operate Phase VI as a bioreactor
by recirculating leachate and landfill gas condensate, and by adding
storm water and groundwater, to the below grade portions of Phase VI.
    (3) The owner and/or operator may increase the moisture content of
the waste mass in Phases IIIB and IVA by recirculating leachate and
landfill gas condensate, and by adding storm water and groundwater, to
the below grade portions of Phases IIIB and IVA.
    (4) The owner and/or operator shall maintain less than a 30-cm
depth of leachate on the liner.
    (5) The owner and/or operator shall submit reports to the Director
of the

Waste Management Division at EPA Region 9 as specified in the September
24, 2007 application, as amended in April of 2008, including an annual
report showing whether and to what extent the site is progressing in
attaining project goals. The annual report will also include a summary
of all monitoring and testing results, as specified in the application.
    (6) The owner and/or operator may not operate the facility pursuant
to the authority granted by this section if there is any deviation from
the terms, conditions, and requirements of this section unless the
operation of the facility will continue to conform to the standards set
forth in Sec.  258.4 of this chapter and the owner and/or operator has
obtained the prior written approval of the Director of the Waste
Management Division at EPA Region 9 or his or her designee to implement
corrective measures or otherwise operate the facility subject to such
deviation. The Director of the Waste Management Division or designee
shall provide an opportunity for the public to comment on any
significant deviation prior to providing his or her written approval of
the deviation.
    (7) Paragraphs (a)(2), (3), (5), (6) and (9) of this section will
terminate August 4, 2011 unless the Director of the Waste Management
Division at EPA Region 9 or his or her designee renews this authority
in writing. Any such renewal may extend the authority granted under
paragraphs (a)(2), (3), (5), (6) and (9) of this section for up to an
additional three years, and multiple renewals (up to a total of 12
years) may be provided. The Director of the Waste Management Division
or designee shall provide an opportunity for the public to comment on
any renewal request prior to providing his or her written approval or
disapproval of such request.
    (8) In no event will the provisions of paragraphs (a)(2), (3), (5),
(6) or (9) of this section remain in effect after August 4, 2020. Upon
termination of paragraphs (a)(2), (3), (5), (6) and (9) of this
section, and except with respect to paragraphs (a)(1) and (4) of this
section, the owner and/or operator shall return to compliance with the
regulatory requirements which would have been in effect absent the
flexibility provided through this site-specific rule.
    (9) In seeking any renewal of the authority granted under or other
requirements of paragraphs (a)(2), (3), (5) and (6) of this section,
the owner and/or operator shall provide a detailed assessment of the
project showing the status with respect to achieving project goals, a
list of problems and status with respect to problem resolutions, and
any other requirements that the Director of the Waste Management
Division at EPA Region 9 or his or her designee has determined are
necessary for the approval of any renewal and has communicated in
writing to the owner and operator.
    (10) The owner and/or operator's authority to operate the landfill
in accordance with paragraphs (a)(2), (3), (5), (6) and (9) of this
section shall terminate if the Director of the Waste Management
Division at EPA Region 9 or his or her designee determines that the
overall goals of the project are not being attained, including
protection of human health or the environment. Any such determination
shall be communicated in writing to the owner and operator.
    (b) [Reserved]

 [FR Doc. E8-17828 Filed 8-1-08; 8:45 am]

BILLING CODE 6560-50-P


UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

NATIONAL VEHICLE AND FUEL EMISSIONS LABORATORY

2565 PLYMOUTH ROAD

ANN ARBOR, MICHIGAN 48105-2498

OFFICE OF

AIR AND RADIATION

MEMORANDUM

SUBJECT:	Emissions Summary Files for Tier 3 Motor Vehicle Emission and
Fuel Standards

FROM:	Margaret Zawacki

		Assessment and Standards Division, Office of Transportation and Air
Quality

		Alison Eyth and Alexis Zubrow

		Emissions Inventory and Analysis Group, Office of Air Quality Planning
and Standards

TO:		Docket EPA-HQ-OAR-2011-0135

DATE:		February 24, 2014

The purpose of this memorandum is to transmit emissions summary files
for the inventories used in the air quality modeling for the Tier 3
motor vehicle emissions and fuel standards.  The emissions modeling
analyses are discussed in the Emissions Inventory for Air Quality
Modeling Technical Support Document: Tier 3 Motor Vehicle Emission and
Fuel Standards.  Following is a brief description of the information
contained in the files.

The files contain county level delimited summaries for criteria
pollutants and select hazardous air pollutants (e.g. benzene,
acetaldehyde, formaldehyde, acrolein, 1,3-butadiene, ethanol,
naphthalene) by emissions modeling sector for the scenarios listed
below.  Summaries are included by month using average day emissions and
separately with annual totals for the following scenarios: 2007
baseline, 2018 reference case, 2018 control case, 2030 reference case,
and 2030 control case.

The files are named “tier3_county_sector_report_23sep2013.xlsx” and
“tier3_onroad_month_report_20sep2013.xlsx”.


[Federal Register Volume 79, Number 212 (Monday, November 3, 2014)]
[Notices]
[Pages 65294-65295]
[FR Doc No: 2014-26054]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. PE-2014-120]

Petition for Exemption; Summary of Petition Received

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of petition for exemption received.

-----------------------------------------------------------------------

SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of 14 CFR. The purpose of this notice is to
improve the public's awareness of, and participation in, this aspect of
FAA's regulatory activities. Neither publication of this notice nor the
inclusion or omission of information in the summary is intended to
affect the legal status of the petition or its final disposition.

DATES: Comments on this petition must identify the petition docket
number and must be received on or before November 24, 2014.

ADDRESSES: You may send comments identified by Docket Number FAA-2014-
0843 using any of the following methods:
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your
comments electronically.
     Mail: Send comments to the Docket Management Facility;
U.S. Department of Transportation, 1200 New Jersey Avenue SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590.
     Fax: Fax comments to the Docket Management Facility at
202-493-2251.
     Hand Delivery: Bring comments to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    Privacy: We will post all comments we receive, without change, to
http://www.regulations.gov, including any personal information you
provide. Using the search function of our docket Web site, anyone can
find and read the comments received into any of our dockets, including
the name of the individual sending the comment (or signing the comment
for an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78).
    Docket: To read background documents or comments received, go to
http://www.regulations.gov at any time or to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Nia Daniels,<PHONE_NUMBER>. 800
Independence Avenue SW., Washington, DC 20591.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on October 28, 2014.
Lirio Liu,
Director, Office of Rulemaking.

Petition for Exemption

    Docket No.: FAA-2014-0843.
    Petitioner: Thunderbird Aviation, Inc.
    Sections of 14 CFR Affected: 135.327 and 135.335.
    Description of Relief Sought: Thunderbird Aviation, Inc. requests
an exemption to conduct flight training in a King Air 200 (BE-200)
Level C simulator while operating a King Air C90 aircraft.

[FR Doc. 2014-26054 Filed 10-31-14; 8:45 am]
BILLING CODE 4910-13-P