[Federal Register Volume 61, Number 101 (Thursday, May 23, 1996)]
[Rules and Regulations]
[Pages 25794-25796]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12864]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-5508-3]
Tennessee; Final Authorization of Revisions to State Hazardous
Waste Management Program
AGENCY: Environmental Protection Agency.
ACTION: Immediate final rule.
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SUMMARY: Tennessee has applied for final authorization of revisions to
its hazardous waste program under the Resource Conservation and
Recovery Act (RCRA). Tennessee's revisions consist of the provisions
contained in certain rules promulgated between February 21, 1991, and
September 30, 1992, which fall within RCRA Clusters I-III. These
requirements are listed in Section B of this notice. The Environmental
Protection Agency (EPA) has reviewed Tennessee's application and has
made a decision, subject to public review and comment, that Tennessee's
hazardous waste program revisions satisfy all of the requirements
necessary to qualify for final authorization. Thus, EPA intends to
approve Tennessee's hazardous waste program revisions. Tennessee's
application for program revisions is available for public review and
comment.
DATES: Final authorization for Tennessee's program revisions shall be
effective July 22, 1996, unless EPA publishes a prior Federal Register
action withdrawing this immediate final rule. All comments on
Tennessee's program revision application must be received by the close
of business, June 24, 1996.
ADDRESSES: Copies of Tennessee's program revision application are
available during normal business hours at the following addresses for
inspection and copying: Tennessee Department of Environment and
Conservation, 5th Floor, L & C Tower, 401 Church Street, Nashville,
Tennessee 37243-1535; 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) 347-3555 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 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. Tennessee
Tennessee initially received final authorization for its base RCRA
program effective on February 8, 1985. Tennessee has received
authorization for revisions to its program on August 11, 1987, October
1, 1991, November 6, 1991, July 31, 1992, and July 7, 1995. On December
5, 1994, Tennessee submitted a program revision application for
additional approvals. Today, Tennessee is seeking approval of its
program revisions in accordance with 40 CFR 271.21(b)(3).
EPA has reviewed Tennessee's application and has made an immediate
final decision that Tennessee'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 Tennessee. The public may
submit written comments on EPA's immediate final decision up until June
24, 1996.
Copies of Tennessee'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 Tennessee's program revisions shall become effective
July 22, 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.
Tennessee is today seeking authority to administer the following
Federal requirements promulgated on February 21, 1991, through
September 30, 1992.
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FR
Checklist Federal requirement FR Reference Promulgation State authority
date
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85....................... Burning of Hazardous Waste in 56 FR 7134 2/21/91 TCA 68-212-104(7);
Boilers and Industrial TCA 68-212-106(a)(1);
Furnaces. TCA 68-212-107(a), (d)(1), (3)&(4);
TRC 1200-1-11-.01(2)(a)&(b)1; .02(1)(b);
.02(1)(d)1(x); .02(1)(d)3(ii)(I-IV); .02(1)(f);
.06(7)(a); .06(15)(a); .05(7)(a); .05(15)(a);
.09(1)(a); .07(5)(b); .07(9)(c)5; .07(10)(a);
.07(1)(j); .07(3)(a).
[[Page 25795]]
94....................... Burning of Hazardous Waste in 56 FR 32688 7/17/91 TCA 68-212-107(a),(d)(3,4,&6);
Boilers and Industrial TRC 1200-1-11-.02(1)(c)3(ii)(II)II; .02(1)(f)1;
Furnaces; Corrections and .05(16)(a)1; .11(1)(a); .09(8)(a)1; .09(9)(a)1;
Technical Amendments I. .07(5)(b)12; .07(9)(c)5; .07(1)(j)1; .07(3)(a)1.
96....................... Burning of Hazardous Waste in 56 FR 42504 8/27/91 TCA 68-212-104(7); TCA 68-212-106(a)(1); TCA 68-
Boilers and Industrial 212-107(a)(d)(3,4,&6); TRC 1200-1-11-.02(1)(b)1;
Furnaces, Technical .05(7)(a)1; .09(8)(a)1; .09(9)(a)1.
Amendments II.
98....................... Coke Ovens Administrative 56 FR 43874 9/5/91 TCA 68-212-104(7&15); TCA 68-212-106(a)(1); TCA
Stay. 68-212-107(a)(d)(1,3,4,&6); TRC 1200-1-11-
.09(8)(a)1.
111...................... Boilers and Industrial 57 FR 38558 8/25/92 TCA 68-212-104(7); TCA 68-212-106(a)(1); TCA 68-
Furnaces; Technical 212-107(a) & (d)(1)-(3); TCA 68-211-105(c); TCA
Amendment III. 68-211-106(a)(1)&(2); TCA 68-211-107(a); TCA 68-
211-111(d); TCA 68-211-1001 et.seq.; TCA 68-212-
111(d); TRC 1200-1-11-.01(2)(a); .01(3)(a)1;
.02(1)(b); .06(1)(b)2(ii-iii); .09(1)(a).
114...................... Boilers and Industrial 57 FR 44999 9/30/92 TCA 68-211-105(c); TCA 68-211-106(a)(1)&(2); TCA
Furnaces; Technical 68-211-107(a); TCA 68-211-111(d); TCA 68-211-
Amendment IV. 1001 et.seq.; TCA 68-211-104(7); TCA 68-212-
106(a)(1); TCA 68-212-107(a), (d)(1) & (d)(3);
TRC 1200-1-11-.09(1)(a).
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C. Decision
I conclude that Tennessee's application for these program revisions
meet all of the statutory and regulatory requirements established by
RCRA. Accordingly, Tennessee is granted final authorization to operate
its hazardous waste program as revised.
Tennessee 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. Tennessee
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
Tennessee'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
Tennessee's
[[Page 25796]]
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: May 14, 1996.
A. Stanley Meiburg,
Acting Regional Administrator.
[FR Doc. 96-12864 Filed 5-22-96; 8:45 am]
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