[Federal Register Volume 59, Number 53 (Friday, March 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6457]
[[Page Unknown]]
[Federal Register: March 18, 1994]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-4848-7]
Mississippi; Final Authorization of Revisions to State Hazardous
Waste Management Program
AGENCY: Environmental Protection Agency.
ACTION: Immediate final rule.
-----------------------------------------------------------------------
SUMMARY: Mississippi has applied for final authorization of revisions
to its hazardous waste program under the Resource Conservation and
Recovery Act (RCRA). Mississippi's revisions consist of the provisions
contained in HSWA Cluster I except checklist 17L Corrective Action and
checklist 17P Interim Status. These requirements are listed in section
B of this notice. The Environmental Protection Agency (EPA) has
reviewed Mississippi's application and has made a decision, subject to
public review and comment, that Mississippi's hazardous waste program
revisions satisfy all of the requirements necessary to qualify for
final authorization. Thus, EPA intends to approve Mississippi's
hazardous waste program revisions. Mississippi's application for
program revisions is available for public review and comment.
DATES: Final authorization for Mississippi's program revisions shall be
effective May 17, 1994 unless EPA publishes a prior Federal Register
action withdrawing this immediate final rule. All comments on
Mississippi's program revision application must be received by the
close of business, April 18, 1994.
ADDRESSES: Copies of Mississippi's program revision application are
available during 8 a.m. to 4:30 p.m. at the following addresses for
inspection and copying: Mississippi Department of Environmental
Quality, 2380 Highway 80 West, P.O. Box 10385, Jackson, Mississippi
39209, (601) 961-5062; U.S. EPA, Region IV, 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.
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 through 268 and 270.
B. Mississippi
Mississippi initially received final authorization for its base
RCRA program effective on June 27, 1984. Mississippi received
authorization for revisions to its program on October 17, 1988, October
9, 1990, May 28, 1991, August 27, 1991, July 10, 1992, June 7, 1993,
and December 20, 1993.
On October 26, 1989, and November 25, 1992, Mississippi submitted a
program revision application for additional program approvals. Today,
Mississippi is seeking approval of its program revisions in accordance
with 40 CFR 271.21(b)(3).
EPA has reviewed Mississippi's application and has made an
immediate final decision that Mississippi'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 Mississippi.
The public may submit written comments on EPA's immediate final
decision up until April 18, 1994.
Copies of Mississippi's application for these program revisions are
available for inspection and copying at the locations indicated in the
``Addresses'' section of this notice. Approval of Mississippi's program
revisions shall become effective May 17, 1994, unless an adverse
comment pertaining to the State's revisions 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.
Mississippi is today seeking authority to administer the following
Federal requirements promulgated on November 8, 1984-June 30, 1987, for
HSWA I.
------------------------------------------------------------------------
FR
Federal requirement FR reference promulgation
date
------------------------------------------------------------------------
Checklist 14:
Dioxin waste listing and management 50 FR 1978 11/14/85
standards.
Checklist 16:
Paint filter test................... 50 FR 18370 4/30/85
HSWA codification rule:
Checklist 17A Small quantity 50 FR 28702 7/15/85
generators.
Checklist 17B Delisting
Checklist 17C Household waste
Checklist 17D Waste minimization
Checklist 17E Location standards for
salt domes, salt beds; underground
mines and caves
Checklist 17F Liquids in landfills
Checklist 17G Dust supression
Checklist 17H Double liners
Checklist 17I Groundwater monitoring
Checklist 17J Cement kilns
Checklist 17K Fuel labeling
Checklist 17M Pre-construction ban
Checklist 17N Permit life
Checklist 17O Imnibus provision
Checklist 17Q Research and
development permits
Checklist 17R Hazardous waste
exports
Checklist 17S Exposure information
Checklist 18:
Listing of TDI, DNT, and TDA wastes. 50 FR 42936 10/23/85
Checklist 19:
Burning of waste fuel and used oil 50 FR 49164 11/29/85
fuel in boilers and industrial 51 FR 41900 11/19/86
furnaces. 52 FR 11819 4/13/87
Checklist 20:
Listing of spent solvents........... 50 FR 53315 12/31/85
Checklist 21:
Listing of EDB wastes............... 51 FR 5330 2/13/86
Checklist 22:
Listing of four spent solvents...... 51 FR 6541 2/25/86
Checklist 23:
Generators of 100 to 1000 kg 51 FR 10174 3/24/86
hazardous waste.
Checklist 25:
Codification rule, technical 51 FR 19176 5/28/86
correction.
Checklists 30:
Biennial report correction 51 FR 28556 8/2/86
production wastes.
Checklist 31:
Exports of hazardous waste.......... 51 FR 28664 8/8/86
Checklist 32:
Standards for generators--waste 51 FR 55190 10/1/86
minimization certifications.
Checklist 33:
Listing of EDBC..................... 51 FR 37725 10/24/86
Checklist 34:
Land disposal restrictions.......... 51 FR 40572 11/7/86
------------------------------------------------------------------------
Mississippi's application for these program revisions meet all of
the statutory and regulatory requirements established by RCRA.
Accordingly, Mississippi is granted final authorization to operate its
hazardous waste program as revised.
Mississippi 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.
Mississippi 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
Mississippi'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
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: March 2, 1994.
John H. Hankinson, Jr.,
Regional Administrator.
[FR Doc. 94-6457 Filed 3-17-94; 8:45 am]
BILLING CODE 6560-50-P
