# Determination of Adequacy of Wisconsin's Research, Development and Demonstration Permit Provisions for Municipal Solid Waste Landfills
**AGENCY:**
Environmental Protection Agency (EPA).
**ACTION:**
Notification of approval.
**SUMMARY:**
On May 10, 2016, EPA revised the maximum permit term for Municipal Solid Waste Landfills (MSWLF) units operating under Research, Development and Demonstration (RD&D) permits. The revision allows states to increase the number of RD&D permit renewals issued to six, 3-year permit renewals, for a total permit term of up to 21 years. On May 6, 2019, Wisconsin Department of Natural Resources (WDNR) submitted a notification to EPA Region 5 seeking Federal approval of its revised RD&D requirements per the procedures in Requirements for State Permit Program Determination of Adequacy. Subject to public review and comment, this document approves Wisconsin's revised RD&D permit requirements.
**DATES:**
This determination of adequacy of the RD&D permit program for Wisconsin are *effective* October 15, 2019 unless adverse comments are received. If adverse comments are received, EPA will review those comments and publish another *Federal Register* document responding to those comments and either affirm or revise EPA's initial decision. Comments on this determination of adequacy must be received on or before October 15, 2019.
**ADDRESSES:**
Submit your comments, identified by Docket ID No. EPA-R05-RCRA-2019-0319, by one of the following methods:
• *www.regulations.gov:* Follow the on-line instructions for submitting comments.
• *Email:**[email protected].*
• *Mail:* Julie Schilf, U.S. EPA Region 5, Land, Chemicals and Redevelopment Division, 77 West Jackson Boulevard LM-16J, Chicago, Illinois 60604.
*Instructions:* Identify your comments as relating to Docket ID No. EPA—R05-RCRA-2019-0319. EPA's policy is that all comments received will be included in the public docket without change and may be available online at *www.regulations.gov,* including any personal information provided, unless the comment includes information claimed to be Confidential Business Information or claimed to be other information whose disclosure is restricted by statute.
**FOR FURTHER INFORMATION, CONTACT:**
Julie Schilf, U.S. EPA Region 5, Land, Chemicals and Redevelopment Division, 77 West Jackson Boulevard LM-16J, Chicago, Illinois 60604, (312) 886-0407, *[email protected].*
**SUPPLEMENTARY INFORMATION:**
**A. Background**
On March 22, 2004, EPA issued a final rule amending the MSWLF criteria in 40 CFR 258 to allow for RD&D permits (69 FR 13242). This rule allows for variances from specified criteria for a limited period of time, to be implemented through state-issued RD&D permits. RD&D permits are available only in states with approved MSWLF permit programs that have been modified to incorporate RD&D permit authority. On May 10, 2016, EPA revised the maximum permit term for MSWLF units operating under RD&D permits (81 FR 28720). The revision allows states to increase the number of RD&D permit renewals issued to six, 3-year permit renewals, for a total permit term of up to 21 years (40 CFR 258.4). While states are not required to incorporate this new provision, those states interested in providing RD&D permits must seek approval from EPA before issuing such permits. On January 10, 2006, Wisconsin received EPA approval of its RD&D permit program (71 FR 3293). On May 6, 2019, WDNR submitted a notification to EPA Region 5 seeking Federal approval of its revised RD&D requirements per the procedures in 40 CFR 239.12. Wisconsin's revised RD&D provisions can be found in Chapter NR 514 of the Wisconsin Administrative Code, as amended by the Wisconsin Natural Resources Board WA-06-18.
**B. Decision**
EPA has made a determination that the Wisconsin RD&D permit provisions in Chapter NR 514 of the Wisconsin Administrative Code, as amended, comply with the Federal criteria set forth in 40 CFR 258.4.
**Authority:**
This action is issued under the authority of Sections 2002, 4005 and 4010(c) of the Solid Waste Disposal Act, as amended, 40 U.S.C. 6912, 6945 and 6949(a).
Dated: July 17, 2019.
Cathy Stepp,
Regional Administrator, Region 5.