[Federal Register Volume 60, Number 69 (Tuesday, April 11, 1995)]
[Rules and Regulations]
[Pages 18358-18360]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8878]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-5189-5]
Nevada: Final Authorization of State Hazardous Waste Management
Program Revisions
AGENCY: Environmental Protection Agency.
ACTION: Immediate final rule.
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SUMMARY: The State of Nevada has applied for final authorization of
revisions to its hazardous waste program under the Resource
Conservation and Recovery Act (RCRA), as amended. The Environmental
Protection Agency (EPA) has completed its review of Nevada's
application and has made a decision, subject to public review and
comment, that Nevada's hazardous waste program revisions satisfy all of
the requirements necessary to qualify for final authorization. Thus,
EPA intends to approve Nevada's hazardous waste program revisions.
Nevada's application for program revision is available for public
review and comment.
DATES: Final authorization for Nevada is effective June 12, 1995,
unless EPA publishes a prior Federal Register action withdrawing this
immediate final rule. All comments on Nevada's program revision
application must be received by the close of business May 11, 1995.
ADDRESSES: Copies of Nevada's program revision application is
available during the business hours of 9 a.m. to 5 p.m. at the
following addresses for inspection and copying:
Nevada Department of Conservation and Natural Resources, Division of
Environmental Protection, 123 W. Nye Lane, Carson City, NV 89710,
Phone: 702/687-5872, Contact L.H. Dodgion, Administrator
U.S. EPA Region IX Library-Information Center, 75 Hawthorne Street, San
Francisco, CA 94105, Phone: 415/744-1510
Written comments should be sent to April Katsura, U.S. EPA Region
IX (H-4), 75 Hawthorne Street, San Francisco, CA 94105 Phone: 415/744-
2030.
FOR FURTHER INFORMATION CONTACT: April Katsura, U.S. EPA Region IX (H-
4), 75 Hawthorne Street, San Francisco, CA 94105 Phone: 415/744-2030.
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. 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, 260-266, 268, 270 and
279.
B. Nevada
Nevada initially received final authorization for the base program
on November 1, 1985. On May 27, 1994, Nevada received final
authorization for revisions to its hazardous waste program, which
included substantially all the Federal RCRA implementing
[[Page 18359]] regulations published in the Federal Register through
July 1, 1993. On March 13, 1995, Nevada submitted an application for
additional revision approvals. Today, Nevada is seeking approval of its
program revisions in accordance with 40 CFR 271.21(b)(3).
EPA has reviewed Nevada's application, and has made an immediate
final decision that Nevada's hazardous waste program revisions satisfy
all of the requirements necessary to qualify for final authorization.
Consequently, EPA intends to approve final authorization for Nevada's
hazardous waste program revisions. The public may submit written
comments on EPA's immediate final decision up until May 11, 1995.
Copies of Nevada's application for program revision are available for
inspection and copying at the locations indicated in the ADDRESSES
section of this notice.
Approval of Nevada's program revisions is effective in 60 days
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 the comment which either affirms that the immediate final decision
takes effect or reverses the decision.
Nevada is applying for authorization for changes and additions to
the Federal RCRA implementing regulations that occurred between July 1,
1993 and July 1, 1994, including the following Federal hazardous waste
regulations:
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Federal requirement State analog
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Requirements for Preparation, Adoption, Nevada Revised Statutes (NRS)
and Submittal of Implementation Plans 459.485 and 459.490; Nevada
(58 FR 38816, July 20, 1993). Administrative Code (NAC)
444.8632-.8634.
Hazardous Waste Management System; NRS 459.485 and 459.490; NAC
Testing and Monitoring Activities (58 444.8632-.8634.
FR 46040, August 31, 1993).
Burning of Hazardous Waste in Boilers NRS 459.485 and 459.490; NAC
and Industrial Furnaces (58 FR 59598, 444.8632-.8634.
November 9, 1993).
Hazardous Waste Management System; NRS 459.485 and 459.490; NAC
Identification and Listing of Hazardous 444.8632-.8634.
Waste; Wastes from Wood Surface
Protection (59 FR 458, January 4, 1994).
Hazardous Waste Management System; NRS 459.485 and 459.490; NAC
Identification and Listing of Hazardous 444.8632-.8634.
Waste; Treatability Studies Sample
Exclusion (59 FR 8362, February 18,
1994).
Hazardous Waste Identification and NRS 459.485 and 459.490; NAC
Listing of Hazardous Waste; Recycled 444.8632-.8634
Used Oil Management Standards (59 FR
10550, March 4, 1994).
Recordkeeping Instructions (59 FR 13891, NRS 459.485, 459.490, +
March 24, 1994). 459.550; NAC 444.8632-.8634.
Hazardous Waste Management System; NRS 459.485 and 459.490; NAC
Identification and Listing of Hazardous 444.8632-.8634.
Wastes; Wastes from Wood Surface
Protection; Correction (59 FR 28484,
June 2, 1994).
Standards Applicable to Owners and NRS 459.485 and 459.490; NAC
Operators of Hazardous Waste Treatment, 444.8632-.8634.
Storage, and Disposal Facilities,
Underground Storage Tanks, Underground
Injection Control Systems; Financial
Assurance; Letter of Credit (59 FR
29958, June 10, 1994).
Hazardous Waste Management System; NRS 459.485 and 459.490; NAC
Correction of Beryllium Powder (PO15) 444.8632-.8634.
Listing (59 FR 31551, June 20, 1994).
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Note: NRS 459.485 effective 1981, amended 1991; NRS 459.490
effective 1981, amended 1987; NRS 459.550 effective 1981, amended
1985, 1987, and 1989; and NAC 444.8632, effective 1987, amended
1990, 1992, 1993, and 1994; NAC 444.8632 adopts by reference 40 CFR
part 2, subpart A; 124, subparts A and B; 260 through 270,
inclusive; and 279, as modified by NAC 444.8633, NAC 444.8634,and
NAC 444.86325.
Nevada agrees to review all State hazardous waste permits which
have been issued under State law prior to the effective date of this
authorization. Nevada agrees to then modify or revoke and reissue such
permits as necessary to require compliance with the amended State
program. The modifications or revocation and reissuance will be
scheduled in the annual State Grant Work Plan.
Nevada is not being authorized to operate any portion of the
hazardous waste program on Indian lands.
C. Decision
I conclude that Nevada's application for program revision meets all
of the statutory and regulatory requirements established by RCRA.
Accordingly, Nevada is granted final authorization to operate its
hazardous waste program as revised.
Nevada is now responsible 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 Hazardous and Solid Waste Amendments of 1984
(Public Law 98-616, November 8, 1984) (``HSWA''). Nevada 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.
Certification Under the Regulatory Flexibility Act
Pursuant to the provisions of 5 USC 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
Nevada'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).
[[Page 18360]] Dated: April 3, 1995.
John C. Wise,
Acting Regional Administrator.
[FR Doc. 95-8878 Filed 4-10-95; 8:45 am]
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