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00-186 Alaska: Tentative Determination and Final Determination of Full Program Adequacy of the State of Alaska's Municipal Solid Waste Landfill Permit Program Notice The Resource Conservation and Recovery Act (RCRA), as amended by the Hazardous and Solid Waste Amendments of 1984, requires States to develop and implement permit programs to ensure that municipal solid waste landfills which may receive hazardous household waste or small quantity generator hazardous waste will comply with the revised Federal landfill criteria. RCRA also requires the Environmental Protection Agency (EPA) to determine whether States have adequate ``permit'' programs for municipal landfills. EPA's notice of Final Partial approval of Alaska's Class I and Class II municipal landfill permit landfill program, and Tentative Partial approval of the State's Class III landfill program was published in the Federal Register on October 19, 1998. The public comment period on the Class III component ended on January 26, 1999. There was no request for a public hearing. One letter of comment was received. Today's document contains EPA's Tentative Full and Final Full Determination of Adequacy (approval) of Alaska's municipal solid waste landfill permit program. Alaska's most recent solid waste management regulatory changes (proposed on August 1, 1997) were finalized by the state in its October 29, 1998, rule revision of 18 AAC 60. The changes that relate to the municipal landfill program were: addition of financial assurance requirements for Class I and II landfills which adopt EPA's 40 CFR part 258, subpart G municipal landfill criteria by reference; addition of the notification requirement for an owner or operator who learns that a municipal landfill has polluted, or may have polluted an aquifer; and removal of the 2010 sunset date (upgrade deadline) for Class III landfills. The removal of the sunset date was implemented under the exemption authority granted to Alaska by the federal Land Disposal Program Flexibility Act of 1996. Alaska's announced intent to remove the sunset date was discussed in EPA's tentative partial Class III approval in the Federal Register notice of 10/19/98. The Governor's certification of August 6, 1999, cites that the State has exempted Class III municipal landfills from those requirements of 40 CFR part 258 that are more stringent than the requirements imposed on Class III landfills under 18 AAC 60, as may be amended. The 10/29/98 regulatory revision by Alaska of its solid waste regulations, and the Governor's certification, establishes full adequacy with respect to EPA's part 258 municipal landfill criteria. On August 30, 1999, EPA received Alaska's request for full program approval. EPA believes there will be no significant adverse comments on today's notice. Nevertheless, a sixty day public comment period is included in today's Tentative full approval by EPA of the state municipal landfill program. If no significant adverse comments are received, the Final full approval will become effective on the tenth day after the end of the comment period. (If there are significant adverse comments, EPA will need to respond to them and possibly publish a withdrawal of full approval.) Today's notice contains both the Tentative and Final actions to streamline the approval process and as a convenience to the public. With respect to Alaska's Audit Privilege and Immunity Law, today's approval does not reflect a position by EPA regarding the state's authority to administer any other federally authorized, delegated, or approved environmental program. Alaska's program that is in today's Full determination of adequacy is described in the Decision section of this document. Alaska's application is available for public review at EPA's office in Seattle, and at the EPA operations offices in Juneau and Anchorage. If desired, EPA will deliver a copy immediately (for public viewing) to the Solid Waste office of the Alaska Department of Environmental Conservation in Fairbanks--upon telephone, fax, or written request to the Contact person listed below. 2000-01-05 2000 1 https://www.federalregister.gov/documents/2000/01/05/00-186/alaska-tentative-determination-and-final-determination-of-full-program-adequacy-of-the-state-of https://www.govinfo.gov/content/pkg/FR-2000-01-05/pdf/00-186.pdf Environmental Protection Agency 145 The Resource Conservation and Recovery Act (RCRA), as amended by the Hazardous and Solid Waste Amendments of 1984, requires States to develop and implement permit programs to ensure that municipal solid waste landfills which may receive hazardous...

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