[Federal Register Volume 63, Number 20 (Friday, January 30, 1998)]
[Rules and Regulations]
[Pages 4587-4589]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-2361]
[[Page 4587]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-5956-4]
Tennessee; Final Authorization of Revisions to State Hazardous
Waste Management Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Immediate final rule.
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SUMMARY: Tennessee has applied for final authorization of revisions to
its hazardous waste program under the Resource Conservation and
Recovery Act (RCRA). Tennessee's revision consists of the provisions
contained in rules promulgated between July 1, 1993 through June 30,
1994, otherwise known as RCRA Cluster IV. These requirements are listed
in section B of this document. The Environmental Protection Agency
(EPA) has reviewed Tennessee's application and has made a decision,
subject to public review and comment, that Tennessee's hazardous waste
program revisions satisfy all of the requirements necessary to qualify
for final authorization. Thus, EPA intends to approve Tennessee's
hazardous waste program revisions. Tennessee's application for program
revision is available for public review and comment.
DATES: Final authorization for Tennessee's program revision shall be
effective March 31, 1998, unless EPA publishes a prior Federal Register
action withdrawing this immediate final rule. All comments on
Tennessee's program revision application must be received by the close
of business, March 2, 1998.
ADDRESSES: Copies of Tennessee's program revision application are
available during normal business hours at the following addresses for
inspection and copying: Tennessee Department of Environment and
Conservation, Division of Solid Waste Management, 5th Floor, L & C
Tower, 401 Church Street, Nashville, Tennessee 37243-1535; U.S. EPA
Region 4, Library, 61 Forsyth Street, SW, Atlanta, Georgia 30303-3104;
(404) 562-8190. Written comments should be sent to Narindar Kumar at
the address listed below.
FOR FURTHER INFORMATION CONTACT: Narindar Kumar, Chief, RCRA Programs
Branch, Waste Management Division, U.S. Environmental Protection
Agency, 61 Forsyth Street, SW, Atlanta, Georgia 30303-3104; (404) 562-
8440.
SUPPLEMENTARY INFORMATION:
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
(Public Law 98-616, November 8, 1984, hereinafter ``HSWA'') allows
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 260-268
and 124 and 270.
B. Tennessee
Tennessee initially received final authorization for its base RCRA
program effective on February 5, 1985. Tennessee has received
authorization for revisions to its program on July 22, 1996, October
23, 1995, July 7, 1995, July 31, 1992, and August 11, 1987. In June
1995, Tennessee submitted a program revision application for additional
program approvals. Today, Tennessee is seeking approval of its program
revisions in accordance with 40 CFR 271.21(b)(3).
EPA has reviewed Tennessee's application and has made an immediate
final decision that Tennessee'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 Tennessee. The public may
submit written comments on EPA's immediate final decision up until
March 2, 1998.
Copies of Tennessee's application for these program revisions are
available for inspection and copying at the locations indicated in the
Addresses section of this document.
Approval of Tennessee's program revisions shall become effective
March 31, 1998, unless an adverse comment pertaining to the State's
revisions discussed in this document 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 document containing
a response to comments which either affirms that the immediate final
decision takes effect or reverses the decision. EPA shall administer
any RCRA hazardous waste permits, or portions of permits that contain
conditions based upon the Federal program provisions for which the
State is applying for authorization and which were issued by EPA prior
to the effective date of this authorization. EPA will suspend issuance
of any further permits under the provisions for which the State is
being authorized on the effective date of this authorization.
Tennessee is today seeking authority to administer the following
Federal requirements promulgated between July 1, 1993 through June 30,
1994.
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FR
Checklist Federal requirement promulgation HSWA or FR reference State authority
date
----------------------------------------------------------------------------------------------------------------
125................. Boilers and Industrial 7/20/93 58 FR 38816............ TCA 68-212-106(a); 68-212-
Furnaces; Changes for 107(a) & (d)(1,3,5-6) TRC
Consistency with New 1200-1-11-.01(2)(b);
Air Regulations. .09(1)(a).
126................. Test and Monitoring 8/31/93 58 FR 46040............ TCA 68-212-104(7); 68-212-
Activities. 106(a)(1); 68-212-
107(d)(1); TRC 1200-1-11-
.01(2)(b); .01(3)(c);
.02(3)(a); .02(5)(a);
.06(10)(a); .06(14)(a);
.05(10)(a); .05(14)(a);
.10(1)(a); .10(3)(a);
.10(5)(a); .01(2)(b);
.07(5)(b); .07(1)(e);
.07(1)(j).
127................. Boilers and Industrial 11/9/93 58 FR 59598............ TCA 68-212-106(a)(1); 68-
Furnaces; 212-107(a) & (d)(1)(3)(5)
Administrative Stay (6); TRC 1200-1-11-
and Interim Standards .09(1)(a).
for Bevel Residues.
[[Page 4588]]
128................. Wastes From the Use of 1/4/94 59 FR 458.............. TCA 68-212-104 (7); 68-212-
Chlorophenolic 106(a)(1); 68-212-107
Formulations in Wood (d)(1); TRC 1200-1-11-
Surface Protection. .01(2)(b); .02(5)(a).
129................. Revision of 8/18/94 59 FR 8362............. TCA 68-212-104(7) & (16);
Conditional Exemption 68-212-106(a) & (d)(1) &
for Small Scale (6); TRC 1200-1-11-
Treatability Studies. .02(1)(a).
130................. Recycled Used Oil 3/4/94 59 FR 10550............ TCA 68-212-.06(a)(1); 68-
Management Standards: 212-107(a) & (d)(1) (3)
Technical Amendments (5) & (6); TRC 1200-1-11-
and Corrections II. .11(1)(a).
131................. Recordkeeping 3/24/94 59 FR 13891............ TCA 68-212-104(8); 68-212-
Instructions: 106(a)(3); 68-212-
Technical Amendment. 107(d)(2) (5) & (6); TRC
1200-1-11-.06(33)(a);
.05(31)(a).
132................. Wood Surface 6/2/94 59 FR 28484............ TCA 68-212-104(7); 68-212-
Protection: 106(a)(1); 68-212-
Correction. 107(d)(1); TRC 1200-1-11-
.01(2)(b).
133................. Letter of Credit 6/10/94 59 FR 29958............ TCA 68-212-107(a) & (d)(3);
Revision. 68-212-108(d); TRC 1200-1-
11-.06(8)(m) 3 & 10.
134................. Correction of 6/20/94 59 FR 31551............ TCA 68-212-104(7); 68-212-
Beryllium Powder. 106(a)(1); 68-212-
107(d)(1) & (9); TRC 1200-
1-11-.02(4)(a); .02(5)(a);
.10(3)(a).
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C. Decision
I conclude that Tennessee's application for these program revisions
meets all of the statutory and regulatory requirements established by
RCRA. Accordingly, Tennessee is granted final authorization to operate
its hazardous waste program as revised.
Tennessee now has responsibility for permitting treatment, storage,
and disposal facilities within its borders and carrying out other
aspects of the RCRA program, subject to the limitations of its program
revision application and previously approved authorities. Tennessee
also has primary enforcement responsibilities, although EPA retains the
right to conduct inspections under section 3007 of RCRA and to take
enforcement actions under sections 3008, 3013, and 7003 of RCRA.
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.
Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), P.L.
104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' 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. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of EPA regulatory proposals with significant
Federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements.
Today's rule contains no Federal mandates for State, local or
tribal governments or the private sector. The Act excludes from the
definition of a ``Federal mandate'' duties that arise from
participation in a voluntary Federal program, except in certain annual
federal entitlement programs of $500 million or more that are not
applicable here. Tennessee's request for approval of a hazardous waste
program or revisions to its authorized hazardous waste program is
voluntary and imposed no Federal mandate within the meaning of the Act.
Rather, by having its hazardous waste program approved, the State will
gain the authority to implement the program within its jurisdiction, in
lieu of EPA thereby eliminating duplicative State and Federal
requirements. If a State chooses not to seek authorization for
administration of a hazardous waste program under RCRA Subtitle C, RCRA
regulation is left to EPA.
In any event, EPA has determined that this rule does not contain a
Federal mandate that may result in expenditures of $100 million or more
for State, local and tribal governments, in the aggregate, or the
private sector in any one year. EPA does not anticipate that the
approval of Tennessee's hazardous waste program referenced in today's
document will result in annual costs of $100 million or more.
EPA's approval of state programs generally may reduce, not
increase, compliance costs for the private sector since the State, by
virtue of the approval, may not administer the program in lieu of EPA
and exercise primary enforcement. Hence owners and operators of
treatment, storage and disposal facilities (TSDFs) generally no longer
face dual Federal and State compliance requirements, thereby reducing
overall compliance costs. Thus, today's rule is not subject to the
requirements of sections 202 and 205 of the UMRA.
EPA had determined that this rule contains no regulatory
requirements that might significantly or uniquely affect small
governments. The agency recognizes that small governments may own and/
or operate TSDFs that will become subject to the requirements of an
approved State hazardous waste program. However, such small governments
which own and/or operate TSDFs are already subject to the requirements
in 40 CFR parts 264, 265,
[[Page 4589]]
270, and 280 and are not subject to any additional significant or
unique requirements by virtue of this program approval. Once EPA
authorizes a State to administer its own hazardous waste program and
any revisions to that program, these same small governments will be
able to own and operate their TSDFs under the approved State program,
in lieu of the Federal program.
Certification Under the Regulatory Flexibility Act
EPA has determined that this authorization will not have a
significant economic impact on a substantial number of small entities.
EPA recognizes that small entities may own and/or operate TSDFs that
will become subject to the requirements of an approved State hazardous
waste program. However, since such small entities which own and/or
operate TSDFs are already subject to the requirements in 40 CFR parts
264, 265 and 270, this authorization does not impose any additional
burdens on these small entities. This is because EPA's authorization
would result in an administrative change (i.e., whether EPA or the
State administers the RCRA Subtitle C program in that State), rather
than result in a change in the substantive requirements imposed on
small entities. Once EPA authorizes a state to administer its own
hazardous waste program and any revisions to that program, these same
small entities will be able to own and operate their TSDFs under the
approved State program, in lieu of the federal program. Moreover, this
authorization, in approving a state program to operate in lieu of the
federal program, eliminates duplicative requirements for owners and
operators of TSDFs in that particular state.
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 authorization will not have a significant
economic impact on a substantial number of small entities. This
authorization effectively approves the Tennessee program to operate in
lieu of the federal program, thereby eliminating duplicative
requirements for handlers of hazardous waste in the state. 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 section 801(a)(1)(A) of the Administrative Procedures Act
(APA) as amended 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 section 804(2) of the
APA as amended.
List of Subjects in 40 CFR Part 271
Administrative practice and procedure, Confidential business
information, Hazardous materials transportation, Hazardous waste,
Indian lands, Intergovernmental relations, Penalties, Reporting and
recordkeeping requirements, Water pollution control, and Water supply.
Authority: This document is issued under the authority of
sections 2002(a), 3006 and 7004(b) of the Solid Waste Disposal Act
as amended (42 U.S.C. 6912(a), 6926, 6974(b)).
R.F. McGhee,
Acting Regional Administrator, Region 4.
[FR Doc. 98-2361 Filed 1-29-98; 8:45 am]
BILLING CODE 6560-50-P
