[Federal Register Volume 61, Number 31 (Wednesday, February 14, 1996)]
[Rules and Regulations]
[Pages 5718-5719]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3026]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-5420-5]
Alabama; Final Authorization of a Revision to State Hazardous
Waste Management Program
AGENCY: Environmental Protection Agency.
ACTION: Immediate final rule.
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SUMMARY: Alabama has applied for final authorization of a revision to
its hazardous waste program under the Resource Conservation and
Recovery Act (RCRA). Alabama's revision consists of the Corrective
Action provision contained in HSWA Cluster I. This requirement is
listed in Section B of this document. The Environmental Protection
Agency (EPA) has reviewed Alabama's application and has made a
decision, subject to public review and comment, that Alabama's
hazardous waste program revision satisfies all of the requirements
necessary to qualify for final authorization. Thus, EPA intends to
approve Alabama's hazardous waste program revision. Alabama's
application for program revision is available for public review and
comment.
DATES: Final authorization for Alabama's program revision shall be
effective April 15, 1996, unless EPA publishes a prior Federal Register
action withdrawing this immediate final rule. All comments on Alabama's
program revision application must be received by the close of business,
March 15, 1996.
ADDRESSES: Copies of Alabama's program revision application are
available during 8:00 am to 4:30 pm at the following addresses for
inspection and copying: Alabama Department of Environmental Management,
1751 Congressman W.L. Dickinson Drive, Montgomery, Alabama 36109-2608,
(334) 271-7700; U.S. EPA, Region 4, Library, 345 Courtland Street, NE,
Atlanta, Georgia 30365; (404) 347-4216. Written comments should be sent
to Al Hanke at the address listed below.
FOR FURTHER INFORMATION CONTACT: Al Hanke, Chief, State Programs
Section, Waste Programs Branch, Waste Management Division, U.S.
Environmental Protection Agency, 345 Courtland Street, NE, Atlanta,
Georgia 30365; (404) 347-2234 vmx 2018.
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 (Pub.
L. 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 124, 260-268 and 270.
B. Alabama
Alabama initially received final authorization for its base RCRA
program effective on December 22, 1987. Alabama received authorization
for revisions to its program on January 28, 1992, July 12, 1992,
December 21, 1992, May 17, 1993, November 23, 1993, April 4, 1994,
January 13, 1995 and October 13, 1995. On March 1, 1990, Alabama
submitted a program revision application for additional program
approvals. Today, Alabama is seeking approval of its program revision
in accordance with 40 CFR 271.21(b)(3).
EPA has reviewed Alabama's application and has made an immediate
final decision that Alabama's hazardous waste program revision
satisfies all of the requirements necessary to qualify for final
authorization. Consequently,
[[Page 5719]]
EPA intends to grant final authorization for the additional program
modification to Alabama. The public may submit written comments on
EPA's immediate final decision up until March 15, 1996.
Copies of Alabama's application for this program revision are
available for inspection and copying at the locations indicated in the
Addresses section of this notice. Approval of Alabama's program
revisions shall become effective April 15, 1996, 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.
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.
Alabama is today seeking authority to administer the following
Federal requirement promulgated on July 15, 1985, for Corrective
Action.
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FR
Federal requirement FR reference promulgation State authority
date
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Checklist 17L HSWA Codification 50 FR 28702................. 7/15/85 335-14-5-.06(1)(a).
Rule; Corrective Action.
335-14-5-.06(12)(a)(b).
335-14-8-.06.
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Alabama's application for this program revision meets all of the
statutory and regulatory requirements established by RCRA. Accordingly,
Alabama is granted final authorization to operate its hazardous waste
program as revised.
Alabama 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. Alabama 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.
Certification Under the Regulatory Flexibility Act
Pursuant to the provisions of 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
suspends the applicability of certain Federal regulations in favor of
Alabama's 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.
List of Subjects in 40 CFR Part 271
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous materials transportation,
Hazardous waste, 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: January 31, 1996.
Phyllis P. Harris,
Acting Regional Administrator.
[FR Doc. 96-3026 Filed 2-13-96; 8:45 am]
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