[Federal Register Volume 62, Number 62 (Tuesday, April 1, 1997)]
[Rules and Regulations]
[Pages 15407-15411]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-8088]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-5802-9]
State of Florida: Final Authorization of State Hazardous Waste
Management Program Revisions
AGENCY: Environmental Protection Agency.
ACTION: Immediate final rule.
-----------------------------------------------------------------------
SUMMARY: The State of Florida has applied for final authorization of
revisions to its hazardous waste program under the Resource
Conservation and Recovery Act (RCRA). The Environmental Protection
Agency (EPA) has reviewed Florida's application and has made a
decision, subject to public review and comment, that Florida's
hazardous waste management program revision satisfies all of the
requirements necessary to qualify for final authorization. Thus, EPA
intends to approve Florida's hazardous waste management program
revision. Florida's application for program revision is available for
public review and comment.
DATES: Final authorization for Florida will be effective June 2, 1997
unless EPA publishes a prior Federal Register action withdrawing this
immediate final rule. All comments on Florida's program revision
application must be received by the close of business May 1, 1997.
ADDRESSES: Copies of Florida's program revision applications are
available during the regular business hours of 8:00 a.m. to 4:30 p.m.
at the following addresses for inspection and copying: Florida
Department of Environmental Protection, Twin Towers Office Building,
2600 Blair Stone Road, Tallahassee, Florida 32399. U.S. EPA Region IV,
Library, Atlanta Federal Center, 100 Alabama Street, S.W., Atlanta,
Georgia 30303-3104. Written comments should be sent to Narindar Kumar,
Chief, RCRA Branch, U.S. EPA, Atlanta Federal Center, 100 Alabama
Street, S.W., Atlanta, Georgia 30303-3104. Telephone (Florida State
Coordinator) 404-562-8469.
FOR FURTHER INFORMATION CONTACT: Narindar Kumar, (404) 562-8448.
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. 6929(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 266, 268, 270 and 279.
B. Florida
Florida initially received final authorization on February 12,
1985. Florida received authorization for revisions to its program on
January 30, 1988; January 3, 1989; February 12, 1991; April 6, 1992;
July 20, 1992; April 7, 1992; April 6, 1992, and September 9, 1994.
HSWA Cluster I, without corrective action, was authorized on January
10, 1994, and HSWA II was authorized on December 27, 1994. RCRA I and
II were authorized on October 17, 1994. Today, Florida is seeking
approval of its program revision for RCRA Cluster III, RCRA Cluster IV,
and the Universal Waste Rule from RCRA Cluster V in accordance with 40
CFR 271.21(b)(3).
EPA has reviewed Florida's applications, and has made an immediate
final decision that Florida's hazardous waste program revisions
satisfies all of the requirements necessary to qualify for final
authorization. Consequently, EPA intends to grant final authorization
for the additional program modifications to Florida. Florida has also
made conforming changes to make its regulations internally consistent
relative to the revisions made for the above listed authorizations. EPA
has reviewed these changes and has made an immediate final decision, in
accordance with 40 CFR 271.21(b)(3), that Florida's hazardous waste
program revisions satisfy all of the requirements necessary to qualify
for final authorization. The public may submit written comments on
EPA's immediate final decision up until May 1, 1997. Copies of
Florida's application for program revision are available for inspection
and copying at the locations indicated in the Addresses section of this
notice.
Approval of Florida's program revision will become effective in 60
days 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 affirms that either the immediate final
decision takes effect or reverses the decision.
Florida is seeking approval for its rule revision for the RCRA
Cluster III, RCRA Cluster IV and the Universal Waste Rule in RCRA
Cluster V. Florida adopts the federal rules by reference and the
authority is found in Florida Statute (FS) 403.704(15) (1993). The
Florida Administrative Code (FAC) Chapter 62-730, effective 1/5/95,
and the FAC effective 9/7/95, document the adoption of the federal
rules and extends the description of the rules which apply in Florida.
The following chart is a listing of the Federal requirements and
Florida's analogous rule and supporting statutes.
----------------------------------------------------------------------------------------------------------------
Checklist Federal provision State provision
----------------------------------------------------------------------------------------------------------------
109 HSWA, 57 FR 37194 8/18/92, 40 CFR Parts 62-730.020(1)
Land Disposal Restrictions for Newly Listed Wastes and Debris 260.10, 261.3 F.A.C.
262.34 403.704(15)
264.110, F.S.,
62-730.030(1),
403.72,
62-730.160(1),
403.721,
62-730.180 (1)
& (2), 403.721
(2) & (6),
403.724.
264.111,
264.112,
264.140,
[[Page 15408]]
264.142, 62-730.180(2),
264.1111, 403.721 (2) &
254.1101, (6).
264.1102,
264.1103,
264.1110, 62-730.183,
403.721 (2),
(3) & (6).
265.110-112,
265.140,
265.142,
265.221,
265.1100,
265.1101,
265.1102,
265.1103
265.1110, 62-730.220(3),
268.2, 268.7, 403.087(2),
403.721(2),
403.722 (3),
(4) & (7).
268.9, 268.14,
258.36, 268.40,
268.41,
268.42 (b) & (d)
and table 2,
268.43/Table
CCW,
268.45 (a-
d)/Table 1,
268.46/Table 1,
268.50,
Appendix II
270.13, 270.14,
270.72
(1)40 CFR Part 270.42 (optional requirements) are not adopted by
Florida.
110 HSWA 40 CFR 261.4, 62-730.030(1)
57 FR 37284 8/18/92 261.32, 261, F.A.C.
Coke By-Product Listings Appendix VII 403.72(1).
113 Non-HSWA 264.147 62-730.180(1) &
53 FR 33938 9/1/88 (2) F.A.C.
56 FR 30200 7/1/91 (Amended 1/5/
57 FR 42832 9/16/92 95) and
Consolidated Liability Requirements 403.721.(2) &
(6)(f) F.S.
403.724 F.S.
Florida
adopted none
of the
optional
requirements
in this
consolidated
checklist
115 HSWA 261.32 Appendix 62-730.030(1)
57 FR 47376 10/15/92 VII F.A.C. &
Chlorinated Toluene Production Waste Listing 403.72 F.S.
116 HSWA 268.35 62-730.183
57 FR 47772 10/20/92 F.A.C.,
Hazardous Soil Case-By-Case Capacity Variance 403.721(2),
(3) & (6) F.S.
117A HSWA 261.3 62-730.030(1)
57 FR 7628, 3/3/92 F.A.C., 403.72
57 FR 23062, 6/1/92 (1) F.S.
57 FR 49278, 10/30/92,
Reissuance of the Mixture and Derived-From Rules
118 HSWA 260.10 62-730.020(1)
57 FR 54452, 11/18/92, 264.13, 264.314, F.A.C.,
Liquids in Landfills II 264.316, 403.704(15),
F.S.
62-730.180(1),
403.721(2),
(3) & (6)
265.13, 265.314, 62-730.180(2),
265.316 403.721(2),
(3) & (6)
119 HSWA 261, Appendix 62-730.030(1)
57 FR 55114, 11/24/92, II, 8.2-8.5 F.A.C.,
Amended 58 FR 6854, 2/2/93 403.72, F.S.
Toxicity Characteristic Revision, TCLP Correction
123 HSWA 268.35 62-730.183
58 FR 28506, 5/14/93, F.A.C.,
LDR; Renewal of Haz. Waste Debris Case-by-Case Capacity Variance 403.721(2),
(3) & (6) F.S.
124 HSWA 264.1, 62-730.180(1),
58 FR 29860, 5/24/93, 265.1 F.A.C. 403.721
LDR for Ignitable and Corrosive Characteristic Wastes 268.1, 268.2, (2) F.S.
268.7, 62-730.180(2),
403.721(2)
62-730.183,
403.721 (2),
(3) & (6)
268.9, 268.37, 268.40,
268.41, Table CCWE,
268.42, Table 2, 268.43,
Table CCW
[[Page 15409]]
(1)The optional July 8, 1987 amendments to 40 CFR 270.42 are not
adopted by Florida. Rule 62-730.290(1)(d), F.A.C., describes the
permit modification process and states that the Department may
require permit modifications for the causes set forth in 40 CFR
270.42. Rule 62-730.290(4), F.A.C., describes under what
conditions the Department will consider a permittee's request for
a permit modification.
126 HSWA/Non-HSWA-58 FR 46040, 8/31/93, 59 FR 47980, 9/19/94 260.11 62-730.021(1)(a
Testing and Monitoring Activities 261.22, 261.24, ), F.A.C.,
App. II, III & X 403.704(15),
F.S.
62-730.030(1),
403.72(1)
264.190, 264.314 62-730.180(1),
265.190, 265.314 403.721 (2) &
(6)
62-730.180(2),
403.721 (2) &
(6)
62-730.183,
403.721 (2),
(3) & (6)
268.7, 268.40, 62-730.021(2),
268.41, App. I & IX 403.721(2),
403.8055
62-730.220(3),
403.087,
403.721(2),
403.722 (3),
(4) & (7)
270.6
270.19, 270.62,
270.66
(1)CL 126 cited 40 CFR 260.22(d)(1)(I). This citation describes how
to petition EPA to exclude a waste at a particular generation
facility from the lists in 40 CFR Part 261 Subpart D. Florida does
not adopt the federal regulations concerning delisting petitions.
128 Non-HSWA 260.11 62-730.021(1)(a
59 FR 458, 1/4/94, 261, Appendix VIII ), F.A.C.,
Wastes from the Use of Chlorophenolic Formulations in Wood Surface 403.704(15),
Protection F.S.
62-730.030(1),
403.72
129 Non-HSWA 261.4 62-730.030(1),
59 FR 8366, 2/18/94 F.A.C.,
Revision of Conditional Exemption for Small Scale Treatability 403.72,
Studies 403.8055, F.S.
131 Non-HSWA 264, Appendix 1, 62-730.180(1),
59 FR 13891, 3/24/94, Tables 1 & 2 F.A.C. 403.721
Record keeping instructions; Technical Amendment 265, Appendix I, (2) & (6),
Tables 1 & 2 F.S.
62-730.180(2),
403.721 (2) &
(6) F.S.
132 Non-HSWA 260.11(a) 62-730.021(1),
59 FR 28484 6/2/94, F.A.C.
Wood Surface Protection; Correction 403.704(15),
F.S.
133 Non-HSWA 264.151 62-730.180(1),
59 FR 29958, 6/10/94, F.A.C.,
Letter of Credit Revision 403.721 (2) &
(6)(f),
403.724, F.S.
134 Non-HSWA 261.33, 62-730.030(1),
59 FR 31551, 6/20/94, Appendix VIII F.A.C.,
Correction of Beryllium Powder (PO15) Listing 268.42 (a)/Table 2 403.72(1),
F.S.
62-730.183,
403.721(2)
142 A-E Non HSWA 60 FR 25492, 5/11/95 Universal Waste Rule
A--General Provisions; B--Battery Provisions; C--Pesticides Provisions; D--Thermostats Provisions; E--Petition
Provisions
A--General Provisions 40 CFR Part 62-730.020(1)
B--Battery Provisions 260.10 F.A.C.,
C--Pesticides Provisions Definitions 403.704(15)
D--Thermostats Provisions F.S.
E--Petition Provisions 260.23 62-730.021(3)
F.A.C.,
403.704 (15)
F.S.
A--General Provisions 261.5 62-730.030(1)
B--Batteries 261.9 F.A.C.,
C--Pesticides 261.6 403.72(1) F.S.
D--Thermostats
A--General Provisions 262.10, 262.11 62-730.160(1)
F.A.C.,
403.721 (1) &
(2) F.S.
A--General Provisions 264.1 62-730.180(1)
B--Battery Provisions F.A.C. &
C--Pesticides Provisions 403.721(2)
D--Thermostats Provisions F.S.
A--General Provisions 265.1 62-730.180(8)
B--Battery Provisions F.A.C. &
C--Pesticides Provisions 403.721 (2)
D--Thermostats Provisions F.S.
B--Battery Provisions 266.80 62-730.181 (1)
F.A.C. &
403.721(2)
F.S. (58 FR
59598)
A--General Provisions 268.1 62-730.183
B--Battery Provisions F.A.C. &
C--Pesticides Provisions 403.721 F.S.
D--Thermostats Provision
A--General Provisions 270.1 62-730.220 (3)
B--Battery Provisions F.A.C.
C--Pesticides Provisions 403.8055 F.S.
D--Thermostats Provision
[[Page 15410]]
A--General Provisions 273.1, 273.3, 62-730.185 (1)
B--Battery Provisions 273.4, 273.5, & (2) F.A.C. &
C--Pesticides Provisions 273.6, 273.10 403.721(1)
D--Thermostats Provisions 273.13, 273.14 F.S. & 120.54
F.S.
273.31, 273.32,
273.33, 273.34
273.35 273.36
273.37 273.38,
273.39, 273.40
273.51, 273.50
273.51,
273.52
273.53
273,54,
273.55
273.56 273.60
273.61 273.62,
273.70,
E--Petitions Provisions 273.80, 273.81 62-730.185 (1)
& (2) F.A.C.,
120.54(f),
403.721(2)
F.S.
----------------------------------------------------------------------------------------------------------------
In addition to the rule modifications listed above, Florida will be
authorized to carry out, in lieu of the Federal program, the following
State-initiated changes to provisions of the State's program, which are
analogous to the indicated Resource Conservation and Recovery Act
(RCRA) provisions found at Title 40 of the Code of Federal Regulations
or in RCRA.
--------------------------------------------------------------------------------------------------------------------------------------------------------
State provision Federal provision
--------------------------------------------------------------------------------------------------------------------------------------------------------
62-730.020(3) As amended 9/7/95 40 CFR Part 268 and 273
62-730.140(1) As amended 9/7/95 40 CFR Part 273
62-730.150 (1)-(2) as amended 9/7/95 40 CFR Part 273
62-730.150(3) As amended 1/5/95 40 CFR parts 124 and 273
62-730.150(7) As amended 1/5/95 RCRA 3007
62-730.160 (6) As amended 1/5/95 40 CFR Part 265.15
62-730.160 (7) As amended 1/5/95 40 CFR Part 265.35
62-730.161 (1)-(5) New 1/5/95 40 CFR 262.12(b)
62-730.171(2) (a)-(2) (b) & (e) & (3) & (4) As amended 1/5/95 40 CFR 265 Sec. B
62-730.181 (2) As amended 1/5/95 40 CFR 266.20
62-730.184 As amended 1/5/95 40 CFR 124
62-730.220(1) As amended 1/5/95 40 CFR 270
62-730.300 (1) (a) & (b) As amended 1/5/95 40 CFR 270.72 & 270.50
62-730.300 (4) As amended 1/5/95. 40 CFR Part 270.72
62-730.900 (4) (a) (b) & (d) as amended 1/5/95 40 CFR 264.151 (g) & (h)(2)
--------------------------------------------------------------------------------------------------------------------------------------------------------
In addition to the above listed changes, EPA is authorizing changes
to the following State provisions. These provisions do not have a
direct analog in the Federal RCRA regulations. However, none of these
provisions are considered broader in scope than the Federal program.
This is so because these provisions either were previously authorized
as part of Florida's base authorization or have been added to make the
State's regulations internally consistent with changes made for the
other authorizations listed in the first paragraph of this section. EPA
has reviewed these provisions and has determined that they are
consistent with and no less stringent than the Federal requirements.
Additionally, this authorization does not affect the status of State
permits and those permits issued by EPA because no new substantive
requirements are a part of these revisions.
In the 1994 Supplement to the Florida Statutes (FS) 1993 Florida
changed the name from Florida Department of Environmental Regulation to
Florida Department of Environmental Protection at 403.031(1),
403.061(14), 403.088, 403.703(1), 403.707,403.722 (12), 403.7222,
403.727, 403.74(2),
62-730.180(10) new subsection as Amended 1/5/95
62-730.200(1) Name change from Florida Department of Environmental
Regulation to Florida Department of Environmental Protection
62-730.220(4) As amended 1/5/95
62-730.220 (5)(d) 1. And 2. As amended 1/5/95
62-730.220 (5) (h) 3.(I) as amended 1/5/95
62-730.220(9)(c) As amended 1/5/95
62-730.220(10) As amended 1/5/95
62-730.220(11) As amended 1/5/96
62-730.230 Has been deleted as of 1/5/95
62-730.231(8) As amended 1/5/95
62-730.231(9) As amended 1/5/95
62-730.250(3) As amended 1/5/95
62-730.320(2)(h) As amended 1/5/95
62-730.900 except 4 (a), (b) & (d) As amended 1/5/95
Florida's rule revision contains a new chapter 62-737 entitled
Management of Spent Mercury-Containing Lamps and Devices Destined for
Recycling. The Universal Waste Rule allows for a state to add waste
streams to the Universal Waste, however, these wastes are not subject
to the authorization revision provisions in 40 CFR 271.21, since the
State will be authorized for the universal waste regulations and the
regulation of hazardous wastes.
Some portions of Florida's revised program are broader in scope
than the Federal program, and thus, are not Federally enforceable.
These broader-in-scope provisions are 403.78 through 403.7893 FS 1993
and 403.7895 FS 1993.
[[Page 15411]]
Florida is not authorized to operate the Federal program on Indian
lands. This authority remains with EPA.
C. Decision
I conclude that Florida's program revisions meet the statutory and
regulatory requirements established by RCRA. Accordingly, Florida is
granted final authorization to operate its hazardous waste program as
revised.
Florida now has responsibility for permitting treatment, storage,
and disposal facilities within its borders and carrying out the aspects
of the RCRA program described in its revised program application,
subject to the limitations of the HSWA. Florida 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.
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), 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
period. The section 202 and 205 requirements do not apply to today's
action because it is not a ``Federal mandate'' and because it does not
impose annual costs of $100 million or more.
Today's rule contains no Federal mandates for State, local or
tribal governments or the private sector for two reasons. First,
today's action does not impose new or additional enforceable duties on
any Sate, local or tribal governments or the private sector because the
requirements of the Florida program are already imposed by the State
and subject to State law. Second, the Act also generally excludes from
the definition of a ``Federal mandate'' duties that arise from
participation in a voluntary Federal program. Florida's participation
in an authorized hazardous waste program is voluntary.
Even if today's rule did contain a Federal mandate, this rule will
not 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 Florida 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.
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. The Agency recognizes that although small governments may
be hazardous waste generators, transporters, or own and/or operate
TSDFs, they are already subject to the regulatory requirements under
existing state law which are being authorized by EPA, and, thus, are
not subject to any additional significant or unique requirements by
virtue of this program approval.
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.
Such small entities which are hazardous waste generators, transporters,
or which own and/or operate TSDFs are already subject to the regulatory
requirements under existing State law which are being authorized by
EPA. EPA's authorization does not impose any 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.
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 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.
Submission to Congress and the General Accounting Office
Under 5 U.S.C. 801(a)(1)(A) as added 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 5
U.S.C. 804(2).
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.
List of Subjects in 40 CFR Part 271
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous waste transportation,
Hazardous waste, Indian lands, Intergovernmental relations, Penalties,
Reporting and recordkeeping requirements, Water pollution control,
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).
Dated: March 17, 1997.
A. Stanley Meiburg,
Acting Regional Administrator.
[FR Doc. 97-8088 Filed 3-31-97; 8:45 am]
BILLING CODE 6565-50-P
