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Federal Register/Vol. 85, No. 90/Friday, May 8, 2020/Proposed Rules

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Federal Register/Vol. 85, No. 90/Friday, May 8, 2020/Proposed Rules 27348 Federal Register / Vol. 85, No. 90 / Friday, May 8, 2020 / Proposed Rules chloroquinoxaline, expressed as the 1960’s to the present. Republic is making effective comments, please visit stoichiometric equivalent of quizalofop seeking approval from EPA for an http://www.epa.gov/dockets/ ethyl in or on carinata at 1.5 ppm; alternative final cover and an alternative commenting-epa-dockets. cottonseed subgroup 20C at 0.1 ppm; location for the storage of facility FOR FURTHER INFORMATION CONTACT: fruit, pome, group 11–10 at 0.1 ppm; records. EPA is now seeking public Steve Wall, EPA Region IX, (415) 972– fruit, small, vine climbing, except fuzzy comment on EPA’s tentative 3381, [email protected]. kiwifruit, subgroup 13–07F at 0.1 ppm; determination to approve the SSFRs. SUPPLEMENTARY INFORMATION: fruit, stone, group 12–12 at 0.1 ppm; EPA will consider timely comments Throughout this document, ‘‘we,’’ ‘‘us,’’ pennycress, meal at 2 ppm; pennycress, before making a final determination. or ‘‘our’’ refer to the EPA. seed at 1.5 ppm; and sunflower DATES: Comments must be received on subgroup 20B at 3 ppm. The high- or before June 8, 2020. If sufficient Table of Contents pressure liquid chromatography using public interest is expressed by May 26, I. Legal Authority for This Proposal either ultraviolet or fluorescence 2020, EPA will hold a virtual public II. Background detection is used to measure and hearing on June 8, 2020 from 6:00 p.m. III. Basis for Proposal evaluate the chemical. Contact: RD. to 8:00 p.m. If by May 26, 2020 EPA A. Alternative Final Cover SSFR: 4. PP 9E8807. (EPA–HQ–OPP–2020– does not receive information indicating Alternative Final Cover System 0067). IR–4, Rutgers, The State sufficient public interest for a public B. Records Storage SSFR: Alternative University of New Jersey, 500 College hearing, EPA will cancel the public Location for the Storage of Facility Records Road East, Suite 201 W, Princeton, NJ hearing and provide notice of the IV. Additional Findings 08540, requests to establish a tolerance cancelled public hearing on http:// in 40 CFR part 180.675 for residues of www.regulations.gov under Docket ID I. Legal Authority for This Proposal the insecticide tolfenpyrad, (4-chloro-3- No. EPA–R09–RCRA–2018–0568. If Under sections 1008, 2002, 4004, and ethyl-1-methyl-N-[[4-(4- there is sufficient public interest for a 4010 of the Resource Conservation and methylphenoxy)phenyl]methyl]-1H- public meeting EPA will announce Recovery Act of 1976 (RCRA) as pyrazole-5-carboxamide in or on further details on http:// amended by the Hazardous and Solid artichoke, globe at 5 ppm. The www.regulations.gov under Docket ID Waste Amendments of 1984 (HSWA), 42 acceptable high-performance liquid No. EPA–R09–RCRA–2018–0568 in U.S.C. 6901 et seq., Congress required chromatography method with tandem advance of the hearing. If you are EPA to establish revised minimum mass spectrometry detection (LC/MS/ interested in attending the public federal criteria for Municipal Solid MS) is used to measure and evaluate the hearing, contact Steve Wall at (415) Waste Landfills (MSWLFs), including chemical. Contact: RD. 972–3381 to verify that a hearing will be landfill location restrictions, operating Authority: 21 U.S.C. 346a. held. standards, design standards, and ADDRESSES: Dated: April 13, 2020. Submit your comments, requirements for ground water identified by Docket ID No. EPA–R09– Delores Barber, monitoring, corrective action, closure RCRA–2018–0568 at http:// and post-closure care, and financial Director, Information Technology and www.regulations.gov, or via email to Resources Management Division, Office of assurance. Under RCRA section 4005, Pesticide Programs. [email protected]. Due to states are to develop permit programs COVID–19, we are not providing for facilities that may receive household [FR Doc. 2020–09165 Filed 5–7–20; 8:45 am] facsimile or regular mail options, hazardous waste or waste from BILLING CODE 6560–50–P because those are not viable at this time. conditionally exempt small quantity For comments submitted at generators of hazardous waste, and EPA ENVIRONMENTAL PROTECTION Regulations.gov, follow the online is to determine whether the state’s AGENCY instructions for submitting comments. program is adequate to ensure that Once submitted, comments cannot be facilities will comply with the revised 40 CFR Part 258 removed or edited from Regulations.gov. federal criteria. For either manner of submission, the The MSWLF criteria are in the Code [EPA–R09–RCRA–2018–0568; FRL–10007– EPA may publish any comment received of Federal Regulations at 40 CFR part 02–Region 9] to its public docket. Do not submit 258. These regulations are prescriptive, Tentative Determination To Approve electronically any information you self-implementing and apply directly to Site Specific Flexibility for the consider to be confidential business owners and operators of MSWLFs. Cocopah Landfill information (CBI) or other information Many of these criteria include a flexible whose disclosure is restricted by statute. performance standard as an alternative AGENCY: Environmental Protection Multimedia submissions (audio, video, to the prescriptive, self-implementing Agency (EPA). etc.) must be accompanied by a written regulation. The flexible standard is not ACTION: Proposed rule. comment. The written comment is self-implementing and requires considered the official comment and approval by the Director of an EPA- SUMMARY: The Environmental Protection should include discussion of all points approved state MSWLF permitting Agency (EPA) is making a tentative you wish to make. The EPA will program. determination to approve two Site generally not consider comments or However, EPA’s approval of a state Specific Flexibility Requests (SSFRs) comment contents located outside of the program generally does not extend to from Cocopah Landfill, Inc. (CLI), a primary submission (i.e., on the web, Indian Country because states generally Republic Services (Republic) company, cloud, or other file sharing system). For do not have authority over Indian to close and monitor the Cocopah additional submission methods, please Country. For this reason, owners and Landfill. The Cocopah Landfill is contact the person identified in the FOR operators of MSWLF units located in located within Indian Country on the FURTHER INFORMATION CONTACT section. Indian Country cannot take advantage of Cocopah Indian Reservation near For the full EPA public comment policy, the flexibilities available to those Somerton, Arizona and was operated by information about CBI or multimedia facilities that are within the jurisdiction Republic and its predecessors from the submissions, and general guidance on of an EPA-approved state program. VerDate Sep<11>2014 17:04 May 07, 2020 Jkt 250001 PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 E:\FR\FM\08MYP1.SGM 08MYP1 Federal Register / Vol. 85, No. 90 / Friday, May 8, 2020 / Proposed Rules 27349 However, the EPA has the authority approval to use an alternative location or at an approved alternative location. under sections 2002, 4004, and 4010 of for the storage of facility records Republic does not have administrative RCRA to promulgate site-specific rules pursuant to 40 CFR 258.29(a). facilities at the Cocopah Landfill where to enable such owners and operators to records can be maintained. As a result, III. Basis for Proposal use the flexible standards. See Yankton Republic requested approval to store all Sioux Tribe v. EPA, 950 F. Supp. 1471 EPA is basing its tentative required documentation relating to the (D.S.D. 1996); Backcountry Against determination to approve the SSFRs on operating record of the Cocopah Landfill Dumps v. EPA, 100 F.3d 147 (D.C. Cir. the Tribe’s concurrence, dated at the Copper Mountain Landfill (CML), 1996). EPA refers to such rules as ‘‘Site September 5, 2017, on the SSFRs as which is Republic’s closest operating Specific Flexibility Determinations’’ and included in the Closure Plan, as well as facility to the Cocopah Landfill. The has developed draft guidance for owners EPA’s determination that the SSFRs address of Copper Mountain Landfill is and operators on preparing a request for meet the requirements in 40 CFR part 34853 East County 12th Street, Wellton, such a site-specific rule, entitled ‘‘Site- 258, and on EPA’s independent review Arizona 85356, which is 36 miles from Specific Flexibility Requests for of the Final Closure Plan. the Cocopah Landfill. Municipal Solid Waste Landfills in A. Alternative Final Cover SSFR: EPA is basing its tentative Indian Country Draft Guidance,’’ Alternative Final Cover System determination on factors including: (1) EPA530–R–97–016 (August 1997) (Draft The Cocopah Landfill is no longer Guidance). The regulations require the installation of a final cover system operational, and Republic does not have II. Background specified in 40 CFR 258.60(a), which administrative facilities there; and (2) consists of an infiltration layer with a Republic’s proposed alternative records The Cocopah Landfill is located on storage location, the Copper Mountain the Cocopah Indian Reservation on minimum of 18 inches of compacted ¥ Landfill, is only 36 miles away. property owned by the Cocopah Indian clay with a permeability of 1 × 10 5 cm/ Tribe (Tribe) and is located near sec, covered by an erosion layer with a IV. Additional Findings minimum six inches of topsoil. Somerton, Arizona. The Cocopah In order to comply with the National Republic seeks approval for an Landfill is a commercial MSWLF Historic Preservation Act, 54 U.S.C. alternative final cover designed to operated by Republic and its 100101 et seq., Republic will coordinate predecessors from the 1960’s to the satisfy the performance criteria with the Tribe to arrange for a qualified present. Waste was last received at the specified in 40 CFR 258.60(b); Republic Native American monitor to be present Site on June 30, 2000 and interim proposes an alternative cover, called an during any work.
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