[Federal Register Volume 60, Number 105 (Thursday, June 1, 1995)]
[Rules and Regulations]
[Pages 28538-28540]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-13371]
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[[Page 28539]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-5213-4]
Mississippi; Final Authorization of Revisions to State Hazardous
Waste Management Program
AGENCY: Environmental Protection Agency.
ACTION: Immediate final rule.
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SUMMARY: Mississippi has applied for final authorization of revisions
to its hazardous waste program under the Resource Conservation and
Recovery Act (RCRA). Mississippi's revisions consist of provisions
contained in RCRA Cluster II and other provisions in Miscellaneous
Clusters. These requirements are listed in Section B of this notice.
The Environmental Protection Agency (EPA) has reviewed Mississippi's
applications and has made a decision, subject to public review and
comment, that Mississippi's hazardous waste program revisions satisfy
all of the requirements necessary to qualify for final authorization.
Thus, EPA intends to approve Mississippi's hazardous waste program
revisions. Mississippi's applications for program revisions are
available for public review and comment.
DATES: Final authorization for Mississippi's program revisions shall be
effective July 31, 1995, unless EPA publishes a prior Federal Register
action withdrawing this immediate final rule. All comments on
Mississippi's program revision applications must be received by the
close of business, July 3, 1995.
ADDRESSES: Copies of Mississippi's program revision applications are
available during 8 a.m. to 4:30 p.m. at the following addresses for
inspection and copying: Mississippi Department of Environmental
Quality, 2380 Highway 80 West, P.O. Box 10385, Jackson, Mississippi
39209, (601) 961-5062; U.S. EPA, Region IV, 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 (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. Mississippi
Mississippi initially received final authorization for its base
RCRA program effective on June 27, 1984. Mississippi received
authorization for revisions to its program on October 17, 1988, October
9, 1990, May 28, 1991, August 27, 1991, July 10, 1992, June 7, 1993,
December 20, 1993, and May 17, 1994.
On July 9, 1993, Mississippi submitted program revision
applications for additional program approvals. Today, Mississippi is
seeking approval of its program revisions in accordance with 40 CFR
271.21(b)(3).
EPA has reviewed Mississippi's applications and has made an
immediate final decision that Mississippi'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 Mississippi.
The public may submit written comments on EPA's immediate final
decision up until July 3, 1995.
Copies of Mississippi'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 Mississippi's program
revisions shall become effective July 31, 1995, 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.
Mississippi is today seeking authority to administer the following
Federal requirements promulgated on July 1, 1991-June 30, 1992, for
RCRA II and other provisions in miscellaneous clusters.
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FR
Federal requirement FR reference promulgation
date
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Checklist 92--Wood Preserving 56 FR 30192 7/1/91
Listing: Technical Corrections.
Checklist 95--Land Disposal 56 FR 41164 8/19/91
Restrictions for Electric Arc
Furnace Dust (K061).
Checklist 99--Amendments to Interim 56 FR 66365 12/23/91
Status Standards for Downgradient
Ground-Water Monitoring Well
Locations at Hazardous Waste
Facilities.
Checklist 100--Liners and Leak 57 FR 3462 1/29/92
Detection System for Hazardous
Waste Land Disposal Units.
Checklist 102--Second Correction to 57 FR 8086 3/6/92
the Third Third Land Disposal
Restrictions.
Checklist 103--Hazardous Debris Case- 57 FR 20766 5/15/92
by-Case Capacity Variance.
Checklist 104--Used Oil Filter 57 FR 21524 5/20/92
Exclusion.
Checklist 106--Lead-Bearing 57 FR 28628 6/26/92
Hazardous Materials Case-by-Case
Capacity Variance.
Checklist 7--Warfarin & Zinc 49 FR 19922 5/10/84
Phosphide Listing.
Checklist 8--Lime Stabilized Pickle 49 FR 23284 6/5/84
Liquor Sludge.
[[Page 28540]]
Checklist 9--Household Waste........ 49 FR 44978 11/13/84
Checklist 48--Farmer Exemption; 53 FR 27164 7/19/88
Technical Correction.
Checklist 54--Permit Modifications 53 FR 37912 9/28/88
for Hazardous Waste Management
Facilities.
Checklist 59--Hazardous Waste 54 FR 615 1/9/89
Miscellaneous Units; Standards
Applicable to Owners and Operators.
Checklist 60--Amendment to 54 FR 4286 1/30/89
Requirements for Hazardous Waste
Incinerator Permits.
Checklist 82--Wood Preserving 55 FR 50450 2/6/90
Listings.
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Mississippi's applications for these program revisions meet all of
the statutory and regulatory requirements established by RCRA.
Accordingly, Mississippi is granted final authorization to operate its
hazardous waste program as revised.
Mississippi 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.
Mississippi 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 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
Mississippi'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: May 12, 1995.
John H. Hankinson, Jr.,
Regional Administrator.
[FR Doc. 95-13371 Filed 5-31-95; 8:45 am]
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