[Federal Register Volume 63, Number 9 (Wednesday, January 14, 1998)]
[Rules and Regulations]
[Pages 2167-2170]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-942]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-5948-2]
Florida: Final Authorization of State Hazardous Waste Management
Program Revisions
AGENCY: Environmental Protection Agency.
ACTION: Immediate final rule; authorization of State-initiated changes.
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SUMMARY: Florida has revised its hazardous waste program under the
Resource Conservation and Recovery Act (RCRA). The Environmental
Protection Agency (EPA) has reviewed Florida's changes to its program
and has made a decision, subject to public review and comment, that
Florida's hazardous waste program revisions satisfy all of the
requirements necessary to qualify for final authorization. Unless
adverse written comments are received during the review and comment
period provided for public participation in this process, EPA intends
to approve Florida's hazardous waste program revisions. Florida's
program revisions are available for public review and comment.
DATES: Final authorization for Florida's program revisions shall be
effective March 16, 1998, unless EPA publishes a prior Federal Register
action withdrawing this immediate final rule. All comments on Florida's
program revisions must be received by the close of business February
13, 1998.
ADDRESSES: Written comments should be sent to Narindar Kumar, RCRA
Programs Branch, Waste Division, Environmental Protection Agency,
Atlanta Federal Center, 61 Forsyth Street, Atlanta, Georgia 30303.
Telephone number is 404-562-8440.
FOR FURTHER INFORMATION CONTACT: Narindar Kumar, RCRA Programs Branch,
Waste Division, Environmental Protection Agency, Atlanta Federal
Center, 61 Forsyth Street, Atlanta, Georgia 30365. Telephone number is
404-562-8440.
SUPPLEMENTARY INFORMATION:
I. Authorization of State Initiated Changes
A. Background
States with final authorization under Section 3006(b) of the
Resource Conservation and Recovery Act (``RCRA'' or ``the Act''), 42
U.S.C. 6926(b), have a continuing obligation to maintain a hazardous
waste program that is equivalent to, consistent with, and no less
stringent than the Federal hazardous waste program. In addition, as an
interim measure, the Hazardous and Solid Waste Amendments of 1984 (Pub.
L. 98-616, November 8, 1984, hereinafter ``HSWA'') allow States to
revise their programs to become substantially equivalent instead of
equivalent to RCRA requirements promulgated under HSWA authority.
States exercising the latter option receive ``interim authorization''
for the HSWA requirements under Section 3006(g) of RCRA, 42 U.S.C.
6926(g), and later apply for final authorization for the HSWA
requirements.
Revisions to State hazardous waste programs are necessary when
Federal or State statutory or regulatory authority is modified or when
certain other changes occur. Most commonly, State program revisions are
necessitated by changes to EPA's regulations in 40 CFR Parts 124, 260
through 266, 268, 270, 273, and 279.
B. Florida
Florida initially received final authorization to implement its
hazardous waste program on January 29, 1985, effective February 12,
1985 (see 50 FR 3908). Florida received final authorization for
revisions to its program in notices published in the Federal Register
on December 1, 1987, effective January 30, 1988 (see 52 FR 45634); on
September 8, 1988, effective October 30, 1988 (see 53 FR 34759); on
December 16, 1988, effective January 3, 1989 (see 53 FR 50529); on
December 14, 1990, effective February 12, 1991
[[Page 2168]]
(see 55 FR 51416); on February 5, 1992, effective April 6, 1992 (see 57
FR 4370 and 57 FR 4371); on February 7, 1992, effective April 7, 1992
(see 57 FR 4738); on May 20, 1992, effective July 20, 1992 (see 57 FR
21351); on November 9, 1993, effective January 10, 1994 (see 58 FR
59367); on July 11, 1994, effective September 9, 1994 (see 59 FR
35266); on August 16, 1994, effective October 17, 1994 (see 59 FR
41979); on October 26, 1994, effective December 27, 1994 (see 59 FR
53753); and on April 1, 1997, effective June 2, 1997 (see 62 FR 15407).
With respect to today's notice, Florida has made conforming changes to
make its regulations internally consistent relative to the revisions
made for the above listed authorizations. Florida has also changed its
regulations to make them more consistent with the Federal requirements.
EPA has reviewed these changes and has made an immediate final
decision, in accordance with 40 CFR 271.21(b)(3), that Florida's
hazardous waste program revisions satisfy all of the requirements
necessary to qualify for final authorization. Consequently, EPA intends
to grant final authorization for the additional program modifications
to Florida's hazardous waste program. The public may submit written
comments on EPA's immediate final decision until February 13, 1998.
Copies of Florida's program revisions are available for inspection and
copying at the locations indicated in the ADDRESSES section of this
notice.
Approval of Florida's program revision shall become effective in 60
days unless an adverse comment pertaining to the State's revision
discussed in this notice is received by the end of the comment period.
If an adverse comment is received EPA will publish either (1) a
withdrawal of the immediate final decision or (2) a notice containing a
response to comments which either affirms that the immediate final
decision takes effect or reverses the decision.
Florida will be authorized to carry out, in lieu of the Federal
program, the following State-initiated changes to provisions of the
State's program, which are analogous to the indicated Resource
Conservation and Recovery Act (RCRA) provisions found at Title 40 of
the Code of Federal Regulations or in RCRA.
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State provision Federal provision
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119.011 (2), (3)(c)5, (3)(d)2, (4), Florida Statutes RCRA 3006(f).
(FS) 1993.
119.07 (1) (a)-(c), (3) (a)-(j), (3)(k)1 first RCRA 3006(f), 40 CFR 2.104(b).
sentence, (3)(n), (3)(o), (3)(p) 5th and 6th
sentences, (5), FS 1993.
119.14 FS 1993....................................... RCRA 3006(f).
120.53 FS 1993....................................... 40 CFR 124.10 (c)&(e).
120.57 FS 1993....................................... 40 CFR 124.12, 124.17.
120.59 FS 1993....................................... 40 CFR 124.17.
120.68 FS 1993....................................... RCRA 3006(f), 40 CFR part 2, subpart A.
403.087(1), second & third sentences FS 1993......... RCRA 3005 (a)&(d).
403.091 FS 1993...................................... RCRA 3007(a).
403.703(3) FS 1993................................... RCRA 1004(13).
403.703(9) FS 1993................................... RCRA 1004(22).
403.703(13) FS 1993.................................. 40 CFR 260.10, 261.2.
403.703(18) FS 1993.................................. 40 CFR 270.2.
403.703(21) FS 1993.................................. RCRA 1004(5), 40 CFR 261.3.
403.703(24) FS 1993.................................. 40 CFR 260.10.
403.724(1) (except corrective action clause) FS 1993. RCRA 3004(t)(1).
403.724 (2), (3), FS 1993............................ RCRA 3004(t)(1).
403.726(2) FS 1993................................... 40 CFR 264.4.
403.726 (4)-(7) FS 1993.............................. 40 CFR 270.61.
62-103.150 & .155 Florida Administrative Code 40 CFR 124.10 (c)&(e).
(F.A.C.) as amended October 20, 1996.
62-730.021(1)(b) F.A.C. as amended September 7, 1995. 40 CFR 260.21.
62-730.021(1)(c) F.A.C. as amended September 7, 1995. 40 CFR 260.40 and 40 CFR 260.41.
62-730.160(4) F.A.C. as amended September 7, 1995.... 40 CFR part 262, Appendix instructions.
62-730.160(5) F.A.C. as amended September 7, 1995.... 40 CFR 262.41(a).
62-730.170(1) F.A.C. as amended September 7, 1995.... 40 CFR part 263.
62-730.180(3) F.A.C. as amended September 7, 1995.... 40 CFR 264.112(c) (1)&(2), 264.118(d) (1)&(2), 264.141,
264.147, 264.151, 265.112(c) (3)&(4), 265.118(d)
(3)&(4), 265.141, 265.147.
62-730.180(7) F.A.C. as amended September 7, 1995.... 40 CFR 264.75 introductory paragraph, 40 CFR 265.75
introductory paragraph.
62-730.200(4) F.A.C. as amended September 7, 1995.... 40 CFR 265.1 (a)&(b).
62-730.200(6) F.A.C. as amended September 7, 1995.... 40 CFR 270.1(c)(4).
62-730.210(2)(c) F.A.C. as amended September 7, 1995. 40 CFR 270.2.
62-730.220(4) F.A.C. as amended September 7, 1995.... 40 CFR 124.3 (c)&(d).
62-730.220(6) F.A.C. as amended September 7, 1995.... 40 CFR 270.11.
62-730.231(1) F.A.C. as amended September 7, 1995.... 40 CFR 270.70(a).
62-730.231(3) F.A.C. as amended September 7, 1995.... 40 CFR 270.71(b).
62-730.231(6) F.A.C. as amended September 7, 1995.... 40 CFR 270.70(c).
62-730.240(2) F.A.C. as amended September 7, 1995.... 40 CFR 270.73(d).
62-730.250(1) F.A.C. as amended September 7, 1995.... 40 CFR 270.10(f)(1).
62-730.260(6) F.A.C. as amended September 7, 1995.... 40 CFR 264.115.
62-730.270(1)(c)(2) F.A.C. as amended September 7, 40 CFR 270.1(c)(1) and 270.60(b)(2).
1995.
62-730.270(3) F.A.C. as amended September 7, 1995.... 40 CFR 270.1(c)(2).
62-730.300(2) F.A.C. as amended September 7, 1995.... 40 CFR 270.72(a)(4); 270.40(b).
62-730.310 F.A.C. as amended September 7, 1995....... 40 CFR 260.2.
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[[Page 2169]]
In addition to the above listed changes, EPA is authorizing changes
to the following State provisions. These provisions do not have a
direct analog in the Federal RCRA regulations. However, none of these
provisions are considered broader in scope than the Federal program.
This is so because these provisions were either previously authorized
as part of Florida's base authorization or have been added to make the
State's regulations internally consistent with changes made for the
other authorizations listed in the first paragraph of this section. EPA
has reviewed these provisions and has determined that they are
consistent with and no less stringent than the Federal requirements.
Additionally, this authorization does not affect the status of
State permits and those permits issued by EPA because no new
substantive requirements are a part of these revisions.
State Provision
119.041(2) Florida Statutes (FS) 1993
403.021 (1)-(9) FS 1993
403.051 (1)-(2) FS 1993
403.087(4) FS 1993
403.161 (1)(d), (4), FS 1993
403.702(2) (i)-(p) FS 1993
403.703 (2), (5), (6), (8), (10), (11), (14), (16), (17), (30), (32),
(34), (36), (40), (42)-(44), FS 1993
403.7031 FS 1993
403.74 (1), (3)-(5) FS 1993
403.751(1) FS 1993
403.7545 FS 1993
62-4.070(5) Florida Administrative Code (F.A.C.) as amended July 4,
1995
62-730.001 F.A.C. as amended September 7, 1995
62-730.020(4) F.A.C. as amended September 7, 1995
62-730.030(2), except (2)(c), F.A.C. as amended September 7, 1995
62-730.140 F.A.C. as amended September 7, 1995
62-730.150 (5)&(6), F.A.C. as amended September 7, 1995
62-730.171 (1), (2) introductory paragraph, (2)(c), and (2)(d), F.A.C.
as amended September 7, 1995
62-730.180(5) F.A.C. as amended September 7, 1995
62-730.200 (1), (5), F.A.C. as amended September 7, 1995
62-730.210 (2)(b), (2)(d), F.A.C. as amended September 7, 1995
62-730.220 (2), (5), (7), (8), (10), (11), F.A.C. as amended September
7, 1995
62-730.231 (2), (5), (8), (9)-(12), F.A.C. as amended September 7, 1995
62-730.250 (2), (3), (6), (7), F.A.C. as amended September 7, 1995
62-730.260(2) F.A.C. as amended September 7, 1995
62-730.320 F.A.C. as amended September 7, 1995
62-730.900, except (4)(a), (b)&(d), F.A.C. as amended September 7, 1995
Some portions of Florida's revised program are broader in scope
than the Federal program, and thus, are not Federally enforceable.
These broader-in-scope provisions are 403.78 through 403.7893 FS 1993
and 403.7895 FS 1993.
Florida is not authorized to operate the Federal program on Indian
lands. This authority remains with EPA.
C. Decision
I conclude that Florida's program revisions meet all of the
statutory and regulatory requirements established by RCRA. Accordingly,
Florida is granted final authorization to operate its hazardous waste
program as revised.
Florida now has responsibility for permitting treatment, storage,
and disposal facilities within its borders and carrying out the aspects
of the RCRA program described in its revised program application,
subject to the limitations of the HSWA. Florida also has primary
enforcement responsibilities, although EPA retains the right to conduct
inspections under Section 3007 of RCRA and to take enforcement actions
under Section 3008, 3013 and 7003 of RCRA.
D. Incorporation by Reference
EPA uses Part 272 for codification of the decision to authorize
Florida's program and for incorporation by reference of those
provisions of Florida statutes and regulations that EPA will enforce
under Sections 3008, 3013 and 7003 of RCRA. Therefore, EPA is reserving
amendment of 40 CFR Part 272, (Subpart K) until a later date.
The incorporation by reference of State authorized programs in the
CFR should substantially enhance the public's ability to discern the
current status of the authorized State program and clarify the extent
of Federal enforcement authority. This will be particularly true as
more State program revisions to adopt HSWA provisions are authorized.
Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of certain regulatory actions on State, local, and tribal
governments and the private sector. Under Sections 202 and 205 of the
UMRA, EPA generally must prepare a written statement of economic and
regulatory alternatives analyses for proposed and final rules with
Federal mandates, as defined by the UMRA, that may result in
expenditures to State, local, and tribal governments, in the aggregate,
or to the private sector, of $100 million or more in any one year. The
Section 202 and 205 requirements do not apply to today's action because
it is not a ``Federal mandate'' and because it does not impose annual
costs of $100 million or more.
Today's rule contains no Federal mandates for State, local or
tribal governments or the private sector for two reasons. First,
today's action does not impose new or additional enforceable duties on
any State, local or tribal governments or the private sector because it
merely makes federally enforceable existing requirements with which
regulated entities must already comply under State law. Second, the Act
also generally excludes from the definition of a ``Federal mandate''
duties that arise from participation in a voluntary Federal program.
The requirements being codified today are the result of Florida's
voluntary participation in occordance with RCRA Subtitle C.
Even if today's rule did contain a Federal mandate, this rule will
not result in annual expenditures of $100 million or more for State,
local, and/or tribal governments in the aggregate, or the private
sector because today's action merely codifies an existing State program
that EPA previously authorized. Thus, today's rule is not subject to
the requirements of Sections 202 and 205 of the UMRA.
The requirements of Section 203 of UMRA also do not apply to
today's action. Before EPA establishes any regulatory requirements that
may significantly or uniquely affect small governments, including
tribal governments, section 203 of the UMRA requires EPA to develop a
small government agency plan. This rule contains no regulatory
requirements that might significantly or uniquely affect small
governments. The Agency recognizes that although small governments may
be hazardous waste generators, transporters, or own and/or operate
TSDFs, this codification incorporates into the Code of Federal
Regulations Florida's requirements which have already been authorized
by EPA under 40 CFR Part 271 and, thus, small governments are not
subject to any additional significant or unique requirements by virtue
of this codification.
Certification Under the Regulatory Flexibility Act
EPA has determined that this codification will not have a
significant economic impact on a substantial number of small entities.
Such small
[[Page 2170]]
entities which are hazardous waste generators, transporters, or which
own and/or operate TSDFs are already subject to the State requirements
authorized by EPA under 40 CFR Part 271. EPA's codification does not
impose any additional burdens on these small entities. This is because
EPA's codification would simply result in an administrative change,
rather than a change in the substantive requirements imposed on small
entities.
Therefore, EPA provides the following certification under the
Regulatory Flexibility Act, as amended by the Small Business Regulatory
Enforcement Fairness Act. Pursuant to the provision at 5 U.S.C. 605(b),
I hereby certify that this codification will not have a significant
economic impact on a substantial number of small entities. This
codification incorporates ``State's'' requirements which have been
authorized by EPA under 40 CFR Part 271 into the Code of Federal
Regulations. It does not impose any new burdens on small entities. This
rule, therefore, does not require a regulatory flexibility analysis.
Submission to Congress and the General Accounting Office
Under 5 U.S.C. 801(a)(1)(A), as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives and the Comptroller General of the
General Accounting Office prior to publication of the rule in today's
Federal Register. This rule is not a ``major rule'' as defined by 5
U.S.C. 804(2).
Compliance With Executive Order 12866
The Office of Management and Budget has exempted this rule from the
requirements of Section 6 of Executive Order 12866.
Paperwork Reduction Act
Under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., Federal
agencies must consider the paperwork burden imposed by any information
request contained in a proposed rule or a final rule. This rule will
not impose any information requirements upon the regulated community.
List of Subjects in 40 CFR Part 271
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous waste transportation,
Hazardous waste, Incorporation by reference, Indian lands,
Intergovernmental relations, Penalties, Reporting and recordkeeping
requirements, Water pollution control, Water supply.
Authority: This notice is issued under the authority of Sections
2002(a), 306 and 704(b) of the Solid Waste Disposal Act as amended
42 U.S.C. 6912(a), 6926, 6974(b).
Dated: December 30, 1997.
Phyllis Harris,
Acting Regional Administrator, Region IV.
[FR Doc. 98-942 Filed 1-13-98; 8:45 am]
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