[Federal Register Volume 61, Number 81 (Thursday, April 25, 1996)]
[Rules and Regulations]
[Pages 18281-18284]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10102]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-5459-2]
Alabama; Final Authorization of Revisions 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 revisions to
its hazardous waste program under the Resource Conservation and
Recovery Act (RCRA). Alabama's revisions consist of Section B
``Corrective Action Beyond Facility Boundary'' and Section C
``Corrective Action for Injection Wells'' of the HSWA Codification Rule
in HSWA Cluster II, ``Burning of Hazardous Waste in Boilers and
Industrial Furnaces Corrections and Technical Amendment'', ``Burning of
Hazardous Waste in Boilers and Industrial Furnaces Technical Amendment
II'', and ``Boilers and Industrial Furnaces; Administrative Stay for
Coke Ovens'' which are provisions in RCRA Cluster II and ``Corrective
Action Management Units and Temporary Units'' (CAMU), a RCRA Cluster
III provision. These requirements are listed in Section B of this
notice. The Environmental Protection Agency (EPA) has reviewed
Alabama's applications and has made a decision, subject to public
review and comment, that Alabama's hazardous waste program revisions
satisfy all of the requirements necessary to qualify for final
authorization. Thus, EPA intends to approve Alabama's hazardous waste
program revisions. Alabama's applications for program revisions are
available for public review and comment.
DATES: Final authorization for Alabama's program revisions shall be
effective June 24, 1996 unless EPA publishes a prior Federal Register
action withdrawing this immediate final rule. All comments on Alabama's
program revision applications must be received by the close of
business, May 28, 1996.
ADDRESSES: Copies of Alabama's program revision applications 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
(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
[[Page 18282]]
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 260-268 and 124 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 July 1, 1991, and June 25,
1993, Alabama submitted program revision applications for additional
program approvals. Today, Alabama is seeking approval of its program
revisions in accordance with 40 CFR 271.21(b)(3).
EPA has reviewed Alabama's applications and has made an immediate
final decision that Alabama'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 Alabama. The public may submit
written comments on EPA's immediate final decision up until May 28,
1996.
Copies of Alabama's applications for these program revisions 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 June 24, 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.
Alabama is today seeking authority to administer the following
Federal requirements.
----------------------------------------------------------------------------------------------------------------
FR
Federal requirement FR reference promulgation State authority
date
----------------------------------------------------------------------------------------------------------------
Checklist 44 B............................... 52 FR 45788.............. 12/1/87 335-14-5-.06(11)(e),(e)1
,2
335-14-5.06(12)(c)
HSWA Codification Rule; Corrective Action
Beyond Facility Boundary
Checklist 44 C............................... 52 FR 45788.............. 12/1/87 335-6-8-.07
335-14-6-.01(1)(c)
HSWA Codification Rule; Correction Action
for Injection Wells
Checklist 94................................. 56 FR 32688.............. 7/17/9 335.1401(3)(c)2.(ii)(II)
335-14-.01(6)(a)2,2.(ii)
335-14-6-.16(1)
335-14-7-.05(1)(c)(d)
335-14-7-.08 (1-
8),(9)(a)(c),(10)
335-14-7-Appendix I-IV,
Appendix VII-X
335-14-8-.02(13)(a)
2.(ii)(II)(III)
335-14-8-.02(13)(a)5.(vi
i)
335-14-8-.02(13)(a)6,(b)
1
335-14-8-.06(5)(b)1,4
335-14-8-.06(5)(c)2.(i),
2.(ii), 3.(vi),3.(vii)
335-14-8-.07(4)(f)(g)
Burning of Hazardous Waste in Boilers and
Industrial Furnaces; Corrections and
Technical Amendments I
Checklist 96................................. 56 FR 42504.............. 8/27/91 335-14-2-.01(2)(d)2,2.(i
-iii)
335-14-6-.07(3)(d)2,
(d)2.(i),(ii)
335-14-6-.07(4)(a)(b)
335.14.7-.08(1)(3)(4)(5)
, (9)(a)2(10-13)
335-14-7-Appendix
IX,XI,XII
Burning of Hazardous Waste in Boilers and
Industrial Furnaces; Technical
Amendments II
Checklist 98................................. 56 FR 43874.............. 9/5/91 335-14-7-.08(1)
[[Page 18283]]
Burning of Hazardous Waste in Boilers and
Industrial Furnaces; Administrative Stay
for Coke Ovens
Checklist 121................................ 58 FR 8658............... 2/16/93 335-14-1-.02(1)
335-14-5-.01(3)
335-14-5-.06(12)(b)
335-14-5-.19(1)(a),(1)(a
)1,2
335-14-5-19(1)(b)1,(1)(b
)1.(i),(ii)
335-14-5-.19(1)(b)2,(1)(
c), (1)(c)1-
(7),(1)d,(1)(e),
(1)(e)1,2,3,3.(i).3.(ii
),
(1)(e)4,(1)(f),(1)(g),(
1)(h)
335-14-5-.19(2)(a-g)
335-14-6-.01(1)(a)
335-14-9-.01(2)
335-14-1-.02(2)
335-14-8-.04(3)(b)
Corrective Action Management Units and
Temporary Units
----------------------------------------------------------------------------------------------------------------
Alabama's applications for these program revisions meet 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 applications 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.
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
Alabama'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
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,
[[Page 18284]]
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: April 4, 1996.
John H. Hankinson, Jr.,
Regional Administrator.
[FR Doc. 96-10102 Filed 4-24-96; 8:45 am]
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