[Federal Register Volume 63, Number 209 (Thursday, October 29, 1998)]
[Rules and Regulations]
[Pages 57912-57918]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-28722]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-6179-7]
Michigan: Final Authorization of State Hazardous Waste Management
Program Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Immediate final rule.
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SUMMARY: Michigan has applied for final authorization of the revisions
to its hazardous waste program under the Resource Conservation and
Recovery Act (RCRA). The EPA has reviewed Michigan's application and
determined that its hazardous waste program revision satisfies all of
the requirements necessary to qualify for final authorization. Unless
adverse written comments are received during the review and comment
period, EPA's decision to authorize Michigan's hazardous waste program
revision will take effect as provided below.
DATES: This immediate final rule will become effective on December 28,
1998. The immediate final rule will become effective without further
notice unless EPA receives adverse written comments on or before
November 30, 1998. Should the EPA receive such comments, it will
publish a timely document withdrawing this rule.
ADDRESSES: Send written comments to: Ms. Judy Feigler, Michigan
Regulatory Specialist, U.S. Environmental Protection Agency, Region 5,
Waste, Pesticides and Toxics Division (DM-7J), 77 W. Jackson Blvd.,
Chicago, Illinois 60604. Copies of the Michigan program revision
application and the materials which EPA used in evaluating the revision
are available for inspection and copying from 9 a.m. to 4 p.m. at the
following addresses: Michigan Department of Environmental Quality, 608
W. Allegan, Hannah Building, Lansing, Michigan. Contact: Ms. Ronda
Blayer, phone: (517) 353-9548; and EPA, Region 5, 77 W. Jackson Blvd.,
Chicago, Illinois 60604. Contact: Ms. Judy Feigler, phone: (312) 886-
4179.
FOR FURTHER INFORMATION CONTACT: Ms. Judy Feigler, Michigan Regulatory
Specialist, U.S. Environmental Protection Agency, Region 5, Waste,
Pesticides and Toxics Division (DM-7J), 77 W. Jackson Blvd., Chicago,
Illinois 60604, phone: (312) 886-4179.
SUPPLEMENTARY INFORMATION:
A. Background
States with final authorization under section 3006(b) of the RCRA,
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. As the Federal
hazardous waste program changes, the States must revise their programs
and apply for authorization of the revisions. Revisions to State
hazardous waste programs may be necessary when Federal or State
statutory or regulatory authority is modified or when certain other
changes occur. Most commonly, States must revise their programs because
of changes to EPA's regulations in 40 Code of Federal Regulations (CFR)
parts 124, 260 through 266, 268, 270, 273 and 279.
B. Michigan
Michigan initially received Final Authorization on October 16,
1986, effective October 30, 1986 (51 FR 36804-36805) to implement its
base hazardous waste management program. Michigan received
authorization for revisions to its program on November 24, 1989,
effective January 23, 1990 (54 FR 48608); on April 23, 1991, effective
June 24, 1991 (56 FR 18517); on October 1, 1993, effective November 30,
1993 (58 FR 51244); on January 13, 1995, effective January 13, 1995 (60
FR 3095); on February 8, 1996, effective on April 8, 1996 (61 FR 4742);
and on November 14, 1997, effective November 14, 1997 (62 FR 61775).
The authorized Michigan RCRA program was incorporated by reference
into the CFR effective April 24, 1989 (54 FR 7420). The incorporation
by reference was amended on May 1, 1990, effective May 1, 1990 (55 FR
18112) and on January 31, 1992, effective March 31, 1992 (57 FR 3724).
On April 23, 1998, Michigan submitted a final complete program
[[Page 57913]]
revision application, seeking authorization of its program revision in
accordance with 40 CFR 271.21. The EPA reviewed Michigan's application,
and now makes an immediate final decision, subject to receipt of
adverse written comment, that Michigan's hazardous waste program
revision satisfies all of the requirements necessary to qualify for
final authorization. Consequently, EPA intends to grant Michigan final
authorization for the program modifications contained in the revision.
The public may submit written comments on EPA's immediate final
decision until November 30, 1998. Copies of Michigan's application for
program revision are available for inspection and copying at the
locations indicated in the ADDRESSES section of this document.
If EPA does not receive adverse written comment pertaining to
Michigan's program revision by the end of the comment period, the
authorization of Michigan's revision will become effective in 60 days
from the date this document is published. If the Agency does receive
adverse written comment, it will publish a notice withdrawing this
immediate final rule before its effective date. EPA will then address
the comments in a later final rule based on the document appearing in
the Proposed Rules section of today's Federal Register. EPA may not
provide additional opportunity for comment. Any parties interested in
commenting should do so at this time.
Michigan is today seeking authority to administer the following
Federal requirements promulgated between February 21, 1991, and March
26, 1996:
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Description of
Checklist No. Federal Federal Register Analogous State authority
requirement date and page
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85..................... Burning of February 21, 1991, ...............................................
Hazardous Waste 56 FR 7134. R 299.9102(a),
in Boilers and R 299.9104(m), (p) and (q),
Industrial R 299.9106(n),
Furnaces. R 299.9107(r),
R 299.9202(1)(b)(v) and (vi),
R 299.9204(1)(m), (2)(d), (h) and (j), R
299.9502,
R 299.9504(15) and (19),
R 9508(1)(b), R 299.9519,
R 299.9601,
R 299.9613,
R 299.9623(1), R 299.9808,
R 299.11001(4), and
R 299.11003(1)(l), (o), (q), (r) and (t)
94..................... Burning of July 17, 1991, 56 R 299.9202(1)(b)(v) and (vi),
Hazardous Waste FR 32688. R 299.9203(4)(b),
in Boilers and R 299.9206(2), R 299.9502,
Industrial R 299.9504(15) and (19),
Furnaces; R 299.9508(1)(b),
Corrections and R 299.9519(3)(b), (5)(j), (9) and (10)(d), R
Technical 299.9601(3) and (8), R 299.9808(2)(b) and (c)
Amendments I. and (6)-(8),
R 299.11003(1)(l), (o), (q), (r) and (t)
96..................... Burning of August 27, 1991, R 299.9202(1)(b)(vi),
Hazardous Waste 56 FR 42504. R 299.9203(4)(b),
in Boilers and R 299.9601(3) and (8),
Industrial R 299.9808(1), (3)(a), (b), and (d), (6),
Furnaces, (7)(a)(i), (b) and (c) and (8), and
Technical R 299.11003(1)(l), (o), (q), (r) and (t)
Amendments II.
98..................... Coke Ovens September 5, 1991, R 299.9808(1)
Administrative 56 FR 43874.
Stay.
100.................... Liners and Leak January 29, 1992, R 299.9107(i) and (z),
Detection Systems 57 FR 3462. R 299.9504(6)-(8), and (19),
for Hazardous R 299.9508(1)(b),
Waste Land R 299.9516(6),
Disposal Units. R 299.9519(5)(b)(xii) and (9),
R 299.9601(2)(d), (3) and (8),
R 299.9603(5),
R 299.9604(1)(a) and (b),
R 299.9605(1) and (3),
R 299.9609(1) and (5),
R 299.9616(1), (2) and (4),
R 299.9617(1)-(3),
R 299.9619(1)-(4), and (6),
R 299.9620,
R 299.9622,
R 299.11003(1)(l), (m), (o) and (t)
103.................... Hazardous Debris May 15, 1992, 57 R 299.9311, R 299.9413,
Case-by-Case FR 20766. R 299.9627, and
Capacity Variance. R 299.11003(1)(s)
105.................... Recycled Coke By- June 22, 1992, 57 R 9204(1)(m) and
Product Exclusion. FR 27880. R 299.9808(1)
106.................... Lead-Bearing June 26, 1992, 57 R 299.9311, R 299.9413,
Hazardous FR 2828. R 299.9627, and
Materials Case-by- R 299.11003(1)(s)
Case Capacity
Variance.
[[Page 57914]]
109.................... Land Disposal August 18, 1992, R 299.9203(4)(c) and (6),
Restrictions for 57 FR 37194. R 299.9306(1)(a)(iii) and (b),
Newly Listed R 299.9311, R 299.9413,
Wastes and R 299.9504(1)(b) and (c),
Hazardous Debris. R 299.9508(1)(b),
R 299.9601(3) and (8),
R 299.9613(1) and (6),
R 299.9616(1) and (4),
R 299.9627, R 299.9701,
R 299.11003(1)(l), (o), (s) and (t)
110.................... Coke By-Products August 18, 1992, R 299.9204(1)(m),
Listings. 57 FR 37284. R 299.9209, R 299.9222, and
R 299.11003(1)(i)
111.................... Burning of August 25, 1992, R 299.9104(q),
Hazardous Waste 57 FR 38558. R 299.9106(n),
in Boilers and R 299.9202(4)(d),
Industrial R 299.9206(2)-(4),
Furnaces; R 299.9210(2),
Technical R 299.9211(4),
Amendment III. R 299.9212(9), R 299.9601,
R 299.9808(1), (3)(b) and (c), (4), (5), (6)
and (8), and
R 299.11003(1)(g), (l), (o), (q), (r) and (t)
112.................... Recycled Used Oil September 10, R 299.9102(n) and (z),
Management 1992, 57 FR 41566. R 299.9104(i) and (j),
Standards. R 299.9106(r), R 299.9107(f),
R 299.9109(m), (o)-(t), and (v)-(bb), R
299.9203(1)(c)-(e), (2)(b) and (c),
R 299.9204(1)(o),
R 299.9205(8),
R 299.9206(2)(c)-(e), (3)(b)-(g) and (4),
R 299.9808(2),
R 299.9809, R 299.9810-
R 299.9816, and
R 299.11003(1)(v)
113.................... Financial September 16, R 299.9709, R 299.9710(8), (10)(e) and (13)
Responsibility 1992, 57 FR 42832.
for Third-Party
Liability,
Closure, and Post-
Closure.
114.................... Burning of September 30, R 299.9808(3)(d), (6) and (8), and R
Hazardous Waste 1992, 57 FR 44999. 299.11003(1)(q), (r) and (t)
in Boilers and
Industrial
Furnaces;
Technical
Amendment IV.
115.................... Chlorinated October 15, 1992, R 299.9222, R 299.9209, and
Toluenes 57 FR 47376. R 299.11002(1)(i)
Production Waste
Listing.
116.................... Hazardous Soil October 20, 1992, R 299.9311, R 299.9413,
Case-By-Case 57 FR 47772. R 299.9627, and
Capacity Variance. R 299.11003(1)(s)
118.................... Liquids in November 18, 1992, R 299.9107(t) and (u),
Landfills II. 57 FR 54452. R 299.9601(3) and (8),
R 299.9605(1) and (3),
R 299.9619(1) and (6), and
R 299.11003(1)(l) and (o)
119.................... Toxicity November 24, 1992, R 299.11003(1)(i)
Characteristic 57 FR 55114, as
Revision; TCLP amended on
Correction. February 2, 1993,
58 FR 6854.
122.................... Recycled Used Oil May 3, 1993, 58 FR R 299.9109(o),
Management 26420-26426, as R 299.9203(1)(c) and (d) and (2)(b) and (c),
Standards; amended on June R 299.9204(2)(n),
Technical 17, 1993, 58 FR R 299.9205(8), R 299.9206 (2)-(4), R 299.9809,
Amendments and 33341. R 299.9810(1), (3) and (5),
Corrections I. R 299.9812(2)(d), (3) and (7),
R 299.9813(3), (5) and (7),
R 299.9814(3)(a)(iii), (4) and (8), R
299.9815(1), (3)(b), (d), (e) and (4), and
R 299.11003(1)(v)
123.................... Land Disposal May 14, 1993, 58 R 299.9311, R 299.9413,
Restrictions; FR 28506. R 299.9627, and
Renewal of the R 299.11003(1)(s)
Hazardous Waste
Debris Case-by-
Case Capacity
Variance.
[[Page 57915]]
124.................... Land Disposal May 24, 1993, 58 R 299.9311, R 299.9413,
Restrictions for FR 29860. R 299.9627,
Ignitable and R 299.9503(1)(f) (iii),
Corrosive R 299.9519(5)(b) (iii), and
Characteristic R 299.11003(1) (s)
Wastes Whose
Treatment
Standards Were
Vacated.
125.................... Burning of July 20, 1993, 58 R 299.9808(3)(d), (6) and (8),
Hazardous Waste FR 38816. R 299.11003(1)(q), (r) and (t), and R
in Boilers and 299.11001(4)
Industrial
Furnaces; Changes
for Consistency
with New Air
Regulations.
126.................... Testing and August 31, 1993, R 299.9211(1)(a) and (4),
Monitoring 58 FR 46040, as R 299.9212(2) and (4),
Activities. amended on R 299.9311, R 299.9413,
September 19, R 299.9504(4), (15), and (19),
1994, 59 FR 47980. R 299.9508(1)(b),
R 299.9601(2)(h), (3) and (8),
R 299.9615(1),
R 299.9619(1) and (6),
R 299.9627, R 299.9808(5) and (7), R
299.11001(1)(1) and (v), R 299.11003(1)(g),
(i), (l), (o), (s), and (t), and
R 299.11005
127.................... Boilers and November 9, 1993, R 299.9808(6) and (8), and
Industrial 58 FR 59598. R 299.11003(1)(q) and (r)
Furnaces;
Administrative
Stay and Interim
Standards for
Bevill Residues.
128.................... Wastes From the January 4, 1994, R 299.11003(1)(i) and
Use of 59 FR 458. R 299.11005
Chlorophenolic
Formulations in
Wood Surface
Protection.
129.................... Revision of February 18, 1994, R 299.9204(7)(a)-(b), (8), (9) and (10)(c)-(e)
Conditional 59 FR 8362.
Exemption for
Small Scale
Treatability
Studies.
130.................... Recycled Used Oil March 4, 1994, 59 R 299.9106(l),
Management FR 10550. R 299.9109(aa),
Standards; R 299.9203(1)(c) and (d) and (2)(b) and (c),
Technical R 299.9809(1)(a), (2)-(2)(b), and (h)-(m), R
Amendments and 299.9812(3) and (7), R 299.9813(1) and (2)(c),
Corrections II. and
R 299.11003(1)(v)
131.................... Recordkeeping March 24, 1994, 59 R 299.11003(1)(n) and (p)
Instructions; FR 13891.
Technical
Amendment.
132.................... Wood Surface June 2, 1994, 59 R 299.11005
Protection; FR 28484.
Correction.
134.................... Correction of June 20, 1994, 59 R 299.9224, R 299.9311,
Beryllium Powder FR 31551. R 299.9413, R 299.9627, and
(P015) Listing. R 299.11003(1)(i) and (s)
135.................... Recovered Oil July 28, 1994, 59 R 299.9203(4)(b),
Exclusion. FR 38536. R 299.9204(1)(l),
R 299.9206(3)(c)-(g), and
R 299.9808(2)
136.................... Removal of the August 24, 1994, R 299.9311, R 299.9413,
Conditional 59 FR 43496. R 299.9627, R 299.9801(4), and R 299.11003
Exemption for
Certain Slag
Residues.
137.................... Universal September 19, R 299.9202(3)(c), (6), (6)(b), (7) and (8), R
Treatment 1994, 59 FR 299.9311,
Standards and 47982, as amended R 299.9413,
Treatment on January 3, R 299.9503(1)(f)(iii),
Standards for 1995, 60 FR 242. R 299.9627, R 299.9801(6),
Organic Toxicity R 299.9808(3)(a) and (7), and R
Characteristic 299.11003(1)(g), (q), (r) and (s)
Wastes and Newly
Listed Wastes.
139.................... Testing and January 13, 1995, R 299.11005
Monitoring 60 FR 3089.
Activities
Amendment I.
140.................... Carbamate February 9, 1995, R 299.9203(1)(c), (1)(c)(vi) and (vii) and
Production 60 FR 7824. (4)(d),
Identification R 299.9222, R 299.9224,
and Listing of R 299.9225, and
Hazardous Waste. R 299.11003(1)(i)
141.................... Testing and April 4, 1995, 60 R 299.11005
Monitoring FR 17001.
Activities
Amendment II.
[[Page 57916]]
142A................... Universal Waste: May 11, 1995, 60 R 299.9102(r),
General FR 25492. R 299.9104(a)
Provisions. R 299.9106(b),
R 299.9109(f)-(k),
R 299.9204(3)(b),
R 299.9205(2) and (5),
R 299.9228, R 299.9301(2)-(6), R 299.9302(2),
R 299.9311, R 299.9413,
R 299.9503(1)(c) and (j),
R 299.9601(3), (6), and (8),
R 299.9627, and R 299.11003(1)(o), (s) and (u)
142B................... Universal Waste: May 11, 1995, 60 R 299.9101(a) and (s),
Specific FR 25492. R 299.9109(f),
Provisions for R 299.9206(3)(b)-(g),
Batteries. R 299.9228, R 299.9311,
R 299.9413,
R 299.9503(1)(j),
R 299.9601(3), (6) and (8),
R 299.9627, R 299.9804(1) and (2), and
R 299.11003(1)(o), (s) and (u)
142C................... Universal Waste: May 11, 1995, 60 R 299.9103(r),
Specific FR 25492. R 299.9106(k),
Provisions for R 299.9109(f), R 299.9228,
Pesticides. R 299.9311, R 299.9413,
R 299.9503(1)(j),
R 299.9601(3), (6) and (8),
R 299.9627, and
R 299.11003(1)(o), (s) and (u)
142D................... Universal Waste May 11, 1995, 60 R 299.9108(d),
Rule: Specific FR 25492. R 299.9109(f), R 299.9228,
Provisions for R 299.9311, R 299.9413,
Thermostats. R 299.9503(1)(j),
R 299.9601(3), (6) and (8),
R 299.9627, and
R 299.11003(1)(o), (s) and (u)
142E................... Universal Waste May 11, 1995, 60 R 299.9229, and
Rule: Petition FR 25492. R 299.11003(1)(g)
Provisions to Add
a New Universal
Waste.
144.................... Removal of Legally June 29, 1995, 60 R 299.9220,
Obsolete Rules. FR 33912. R 299.9502(2)(b)(i) and (11),
R 299.9808(6) and (8), and
R 299.11003(1)(q) and (t)
145.................... Liquids in July 11, 1995, 60 R 299.9601(1), (3) and (8),
Landfills III. FR 35703. R 299.9619(1) and (6),
R 299.11003(1)(n) and (o)
150.................... Amendments to the March 26, 1996, 61 R 299.9204(1)(l)
Definition of FR 13103.
Solid Waste;
Amendment II.
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\1\ The Michigan provisions are from the Michigan Administrative Code unless otherwise stated.
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 used 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. EPA has previously suspended issuance of permits for the
other provisions on October 30, 1986; January 23, 1990; June 24, 1991;
November 30, 1993; and April 8, 1996, the effective dates of Michigan
final authorizations for the RCRA base program and for the Non-HSWA
Clusters I-VI, HSWA Clusters I and II, and portions of RCRA Clusters I-
III.
Michigan is not authorized to operate this Federal program on
Indian lands. This authority remains with EPA unless provided otherwise
in a future statute or regulation.
C. Decision
I conclude that Michigan's application for program revision
authorization meets all of the statutory and regulatory requirements
established by RCRA. Accordingly, EPA grants Michigan final
authorization to operate its hazardous waste program as revised.
Michigan now has responsibility for permitting treatment, storage, and
disposal facilities within its borders (except in Indian country) and
for carrying out the aspects of the RCRA program described in its
revised program application, subject to the limitations of the HSWA.
Michigan also has primary enforcement responsibilities, although EPA
retains the right to conduct inspections under section 3007 of RCRA,
and to take enforcement actions, including but not limited to
overfiling, under sections 3008, 3013 and 7003 of RCRA.
D. Codification in Part 272
The EPA uses 40 CFR part 272 for codification of the decision to
authorize Michigan's program and for incorporation by reference of
those provisions of its statutes and regulations
[[Page 57917]]
that EPA will enforce under sections 3008, 3013 and 7003 of RCRA. EPA
reserves amendment of 40 CFR part 272, subpart X, until a later date.
Administrative Requirements
A. Executive Order 12866
The Office of Management and Budget has exempted this rule from the
requirements of Executive Order 12866.
B. Executive Order 13045
Executive Order 13045, ``Protection of Children from Environmental
Health Risks and Safety Risks,'' applies to any rule that: (1) the
Office of Management and Budget determines is ``economically
significant'' as defined under Executive Order 12866, and (2) concerns
an environmental health or safety risk that EPA has reason to believe
may have a disproportionate effect on children. If the regulatory
action meets both criteria, the Agency must evaluate the environmental
health or safety effects of the planned rule on children and explain
why the planned regulation is preferable to other potentially effective
and reasonably feasible alternatives considered by the Agency.
This rule is not subject to E.O. 13045 because it is not an
economically significant rule as defined by E.O. 12866, and because it
does not involve decisions based on environmental health or safety
risks.
C. Executive Order 13084
Under Executive Order 13084, EPA may not issue a regulation that is
not required by statute, that significantly or uniquely affects the
communities of Indian tribal governments, and that imposes substantial
direct compliance costs on those communities, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by the tribal governments, or EPA provides to the Office
of Management and Budget a description of the prior consultation and
communications the agency has had with representatives of tribal
governments and a statement supporting the need to issue the
regulation. In addition, Executive Order 13084 requires EPA to develop
an effective process permitting elected and other representatives of
Indian tribal governments to provide meaningful and timely input in the
development of regulatory policies on matters that significantly or
uniquely affect their communities.
This rule is not subject to E.O. 13084 because it does not
significantly or uniquely affects the communities of Indian tribal
governments. Michigan is not authorized to implement the RCRA hazardous
waste program in Indian country. This action has no effect on the
hazardous waste program that EPA implements in Indian country within
the State.
D. 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.
EPA has determined that section 202 and 205 requirements do not
apply to today's action because this rule does not contain a Federal
mandate that may result in annual expenditures of $100 million or more
for State, local, and/or tribal governments in the aggregate, or the
private sector. Costs to State, local and/or tribal governments already
exist under the Michigan program, and today's action does not impose
any additional obligations on regulated entities. In fact, EPA's
approval of State programs generally may reduce, not increase,
compliance costs for the private sector. Further, as it applies to the
State, this action does not impose a Federal intergovernmental mandate
because UMRA does not include duties arising from participation in a
voluntary federal program.
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. Although small governments may be hazardous waste
generators, transporters, or own and/or operate TSDFs, they are already
subject to the regulatory requirements under the existing State laws
that are being authorized by EPA, and, thus, are not subject to any
additional significant or unique requirements by virtue of this program
approval.
E. Regulatory Flexibility Act
Pursuant to the Regulatory Flexibility Act (5 U.S.C. 601 et seq.,
as amended by the Small Business Regulatory Enforcement Fairness Act of
1996), whenever an agency is required to publish a notice of rulemaking
for any proposed or final rule, it must prepare and make available for
public comment a regulatory flexibility analysis that describes the
effect of the rule on small entities (i.e., small businesses, small
organizations, and small governmental jurisdictions). This analysis is
unnecessary, however, if the agency's administrator certifies that the
rule will not have a significant economic impact on a substantial
number of small entities.
The EPA has determined that this authorization will not have a
significant economic impact on a substantial number of small entities.
Such small entities which are hazardous waste generators, transporters,
or which own and/or operate TSDFs are already subject to the regulatory
requirements under the existing State laws that are now being
authorized by EPA. The EPA's authorization does not impose any
significant additional burdens on these small entities. This is because
EPA's authorization would simply result in an administrative change,
rather than a change in the substantive requirements imposed on these
small entities.
Pursuant to the provision at 5 U.S.C. 605(b), the Agency hereby
certifies that this authorization will not have a significant economic
impact on a substantial number of small entities. This authorization
approves regulatory requirements under existing State law to which
small entities are already subject. It does not impose any new burdens
on small entities. This rule, therefore, does not require a regulatory
flexibility analysis.
F. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit 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 United States prior
to publication of the rule in today's
[[Page 57918]]
Federal Register. This rule is not a ``major rule'' as defined by 5
U.S.C. 804(2).
G. 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.
H. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, section 12(d) (15 U.S.C.
272 note) directs EPA to use voluntary consensus standards in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by voluntary consensus standards bodies. The NTTAA directs EPA
to provide Congress, through OMB, explanations when the Agency decides
not to use available and applicable voluntary consensus standards.
This action does not involve technical standards. Therefore, EPA
did not consider the use of any voluntary consensus standards.
List of Subjects in 40 CFR Part 272
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous waste, Hazardous waste
transportation, 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), 3006 and 7004(b) of the Solid Waste Disposal Act as
amended, 42 U.S.C. 6912(a), 6926, 6974(b).
Dated: October 9, 1998.
Gail Ginsberg,
Acting Regional Administrator, Region 5.
[FR Doc. 98-28722 Filed 10-28-98; 8:45 am]
BILLING CODE 6560-50-P
