[Federal Register Volume 61, Number 82 (Friday, April 26, 1996)]
[Rules and Regulations]
[Pages 18502-18504]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10098]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[5461-1]
South Carolina; Final Authorization of Revisions to State
Hazardous Waste Management Program
AGENCY: Environmental Protection Agency.
ACTION: Immediate final rule.
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SUMMARY: South Carolina has applied for final authorization of
revisions to its hazardous waste program under the Resource
Conservation and Recovery Act (RCRA). South Carolina's revisions
consist of the provisions contained in certain rules promulgated
between April 24, 1984, and September 2, 1988. These requirements are
listed in Section B of this notice. The Environmental Protection Agency
(EPA) has reviewed South Carolina's application and has made a
decision, subject to public review and comment, that South Carolina's
hazardous waste program revisions satisfy all of the requirements
necessary to qualify for final authorization. Thus, EPA intends to
approve South Carolina's hazardous waste program revisions. South
Carolina's applications for program revisions are available for public
review and comment.
DATES: Final authorization for South Carolina's program revisions shall
be effective June 25, 1996 unless EPA publishes a prior Federal
Register action withdrawing this immediate final rule. All comments on
South Carolina's program revision application must be received by the
close of business, May 28, 1996.
ADDRESSES: Copies of South Carolina's program revision applications are
available during normal business hours at the following addresses for
inspection and copying: South Carolina Department of Health and
Environmental Control, 2600 Bull Street, Columbia, South Carolina
29201; 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 (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 260-268
and 124 and 270.
B. South Carolina
South Carolina initially received final authorization for its base
RCRA program effective on November 22, 1985. South Carolina most
recently received authorization for revisions to its program effective
October 16, 1995, (60 FR 42046, August 15, 1995). Today, South Carolina
is seeking approval of additional program revisions in accordance with
40 CFR 271.21(b)(3).
EPA has reviewed South Carolina's applications and has made an
immediate final decision that South Carolina'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 South
Carolina. The public may submit written comments on EPA's immediate
final decision up until May 28, 1996.
Copies of South Carolina'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 South Carolina's program revisions shall become
effective June 25, 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.
South Carolina is today seeking authority to administer the
following Federal requirements:
[[Page 18503]]
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Federal requirement HSWA or FR notice Promulgation State authority
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State Availability of Information....... HSWA Sec. 3006(f)......... 11/8/84 SCHWMASec. 30-4-15,
SCHWMASec. 30-4-20(c),
SCHWMASec. 30-4-30(a),
SCHWMASec. 30-4-30(b),
SCHWMASec. 30-4-30(c),
SCHWMASec. 30-4-30(t),
SCHWMASec. 30-4-40(a)(1),
SCHWMASec. 30-4-100,
SCHWMASec. 30-4-100(a),
SCHWMASec. 30-4-100(b),
SCHWMASec. 44-56-80, R.61-
79.270.12, R.61-72.201,
R.61-72.201(a), R.61-
72.260.2(a), R.61-
72.260.2(b).
Checklist 6 Permit Rules: Settlement 49 FR 17718................ 4/24/84 SCHWMASec. 44-56-30, R.61-
Agreement. 79.260.70(b).
Checklist 25 Codification Rule, 51 FR 19176................ 5/28/86 SCHWMASec. 44-56-30,
Technical Correction. SCHWMASec. 44-56-70, R.61-
79.265.314(d).
Checklist 47 Identification and Listing 53 FR 27162................ 7/19/88 SCHWMASec. 44-56-20(5,6,&8
of 1 Hazardous Waste: Technical ), SCHWMASec. 44-56-310,
Correction. SCHWMASec. 44-56-30,
SCHWMASec. 44-56-60(a),
SCHWMASec. 44-56-70,
SCHWMASec. 44-56-170,
R.61-79.261.5(e), R.61-
79.261.5(f)(2).
Checklist 48 Farmer Exemptions; 53 FR 27164................ 7/19/88 SCHWMASec. 44-56-20(6),
Technical Corrections. R.61-79.262.10(b), R.61-
79.262.10(d), R.61-
79.264.1(g)(4), R.61-
79.265.1(c)(8), R.61-
79.268.1(c)(5), R.61-
79.270.1(c)(2)(ii).
Checklist 52 Hazardous Waste Management 53 FR 34079................ 9/2/88 SCHWMASec. 44-56-30,
Systems: Standards for Hazardous Waste SCHWMASec. 44-56-50, R.61-
Storage and Treatment Tank Systems. 79.260.10, R.61-
79.264.114, R.61-
79.264.190(a), R.61-
79.264.190(b), R.61-
79.264.193(f)(3), R.61-
79.264.196, R.61-
79.265.110(b)(2), R.61-
79.265.114, R.61-
79.265.190(a)-(b), R.61-
79.265.193(f)(3), R.61-
79.265.193(g)(3)(iii),
R.61-79.265.196, R.61-
79.265.201(c)(3), R.61-
79.270.2.
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C. Decision
I conclude that South Carolina's application for these program
revisions meets all of the statutory and regulatory requirements
established by RCRA. Accordingly, South Carolina is granted final
authorization to operate its hazardous waste program as revised.
South Carolina 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.
South Carolina 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), 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
South Carolina'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
[[Page 18504]]
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
South Carolina'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: April 11, 1996.
William Waldrop,
Acting, Regional Administrator.
[FR Doc. 96-10098 Filed 4-25-96; 8:45 am]
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