[Federal Register Volume 61, Number 46 (Thursday, March 7, 1996)]
[Rules and Regulations]
[Pages 9108-9110]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4960]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-5438-8]
Georgia; Final Authorization of Revisions to State Hazardous
Waste Management Program
AGENCY: Environmental Protection Agency.
ACTION: Immediate final rule.
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SUMMARY: Georgia has applied for final authorization of revisions to
its hazardous waste program under the Resource Conservation and
Recovery Act (RCRA). Georgia's revisions consist of the provisions
contained in rules promulgated between July 1, 1993, and 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 Georgia's application and has made a decision, subject to
public review and comment, that Georgia's hazardous waste program
revisions satisfy all of the requirements necessary to qualify for
final authorization. Thus, EPA intends to approve Georgia's hazardous
waste program revisions. Georgia's application for program revisions is
available for public review and comment.
DATES: Final authorization for Georgia's program revisions shall be
effective May 6, 1996 unless EPA publishes a prior Federal Register
action withdrawing this immediate final rule.
All comments on Georgia's program revision application must be
received by the close of business, April 8, 1996.
ADDRESSES: Copies of Georgia's program revision application are
available during normal business hours at the following addresses for
inspection and copying: Georgia Department of Natural Resources,
Environmental Protection Division, Floyd Towers East, Room 1154, 205
Butler Street, SE, Atlanta, Georgia 30334; 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.
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
[[Page 9109]]
EPA's regulations in 40 CFR Parts 260-268 and 124 and 270.
B. Georgia
Georgia initially received final authorization for its base RCRA
program effective on August 21, 1984. Georgia has received
authorization for revisions to its program through RCRA Cluster III on
July 10, 1995. On October 30, 1995, Georgia received final
authorization for the Boilers and Industrial Furnace (BIF) provisions
of RCRA I, II, and III. Today, Georgia is seeking approval of its
program revisions in accordance with 40 CFR 271.21(b)(3).
EPA has reviewed Georgia's application and has made an immediate
final decision that Georgia'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 Georgia. The public may submit
written comments on EPA's immediate final decision up until April 8,
1996.
Copies of Georgia'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 Georgia's program revisions shall become effective May
6, 1996, 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.
Georgia is today seeking authority to administer the following
Federal requirements promulgated between July 1, 1993--June 30, 1994.
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Checklist Description FR date and page State rule
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125................... Revised Guidelines 58 FR 38816, 7/20/93............. 391-3-11-.02, 391-3-11-.10, 12-
Air Quality Models. 8-62, 12-8-64, 12-8-65
126................... Third Edition of 58 FR 46040, 8/31/93............. 391-3-11-.02, 391-3-11-.07,
SW846. 391-3-11-.10, 391-3-11-.16,
391-3-11-.11, 12-8-62, 12-8-
64, 12-8-65.
127................... Burning of Hazardous 58 FR 59598, 11/9/93............. 391-3-11-.10, 12-8-64, 12-8-
Waste in Boilers and 65, 12-8-66.
Industrial Furnaces
(BIF).
128................... Wastes from Wood 59 FR 458, 1/4/94................ 391-3-11-.02, 391-3-11-.07, 12-
Surface Protection. 8-62, 12-8-64, 12-8-65.
129................... Revision of 59 FR 8362, 2/18/94.............. 391-3-11-.07, 12-8-62, 12-8-
Conditional 64, 12-8-65.
Exemption for Small
Scale Treatability
Studies from
Subtitle C of RCRA.
130................... Recycled Used Oil 59 FR 10550, 3/4/94.............. 391-3-11-.17, 12-8-62, 12-8-
Management Standards. 64, 12-8-65, 12-8-66.
131................... Recordkeeping for 59 FR 13891, 3/24/94............. 391-3-11-.10, 12-8-64, 12-8-
TSDFs, BIFs, and 65, 12-8-66.
Miscellaneous Units.
132................... Wastes from Wood 59 FR 28484, 6/2/94.............. 391-3-11-.02, 12-8-62, 12-8-
Surface Protection; 64, 12-8-65.
Correction.
133................... Amendments to Letter 59 FR 29958, 6/10/94............. 391-3-11-.05, 12-8-64, 12-8-
of Credit. 65, 12-8-66.
134................... Listing of PO 15 59 FR 31551, 6/20/94............. 391-3-11-.07, 391-3-11-.16, 12-
Beryllium Powder: 8-62, 12-8-64, 12-8-65.
Correction.
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C. Decision
I conclude that Georgia's application for these program revisions
meets all of the statutory and regulatory requirements established by
RCRA. Accordingly, Georgia is granted final authorization to operate
its hazardous waste program as revised.
Georgia 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. Georgia 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.
[[Page 9110]]
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. When a written statement is needed for an EPA rule, 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, giving
them meaningful and timely input in the development of EPA regulatory
proposals with significant Federal intergovernmental mandates, and
informing, educating, and advising them on compliance with the
regulatory requirements.
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
Georgia's hazardous waste program referenced in today's notice will
result in annual costs of $100 million or more.
EPA's approval of state programs generally has a deregulatory
effect on the private sector because once it is determined that a state
hazardous waste program meets the requirements of RCRA section 3006(b)
and the regulations promulgated thereunder at 40 CFR Part 271, owners
and operators of hazardous waste treatment, storage, or disposal
facilities (TSDFs) may take advantage of the flexibility that an
approved state may exercise. Such flexibility will reduce, not increase
compliance costs for the private sector. Thus, today's rule is not
subject to the requirements of sections 202 and 205 of the UMRA.
EPA has 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, and 270. 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 with increased levels of flexibility provided under the
approved state program.
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
Georgia'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: February 22, 1996.
Phillis P. Harris,
Acting Regional Administrator.
[FR Doc. 96-4960 Filed 3-6-96; 8:45 am]
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