[Federal Register Volume 61, Number 122 (Monday, June 24, 1996)]
[Rules and Regulations]
[Pages 32345-32346]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13986]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-5510-9]
Nevada: Final Authorization of State Hazardous Waste Management
Program Revisions
AGENCY: Environmental Protection Agency (EPA).
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 August 23, 1996.
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 July 24, 1996.
ADDRESSES: Copies of Nevada's program revision application is available
during the business hours of 9:00 a.m. to 5:00 p.m. at the following
addresses for inspection and copying:
Nevada Department of Conservation and Natural Resources, Division of
Environmental Protection, 333 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 Lisa McClain-Vanderpool, U.S.
EPA Region IX (H-4), 75 Hawthorne Street, San Francisco, CA 94105
Phone: 415/744-2086.
FOR FURTHER INFORMATION CONTACT: Lisa McClain-Vanderpool , U.S. EPA
Region IX (H-4), 75 Hawthorne Street, San Francisco, CA 94105 Phone:
415/744-2086.
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 260-266, 268, 124, 270 and
279.
B. Nevada
Nevada initially received final authorization for the base program
on November 1, 1985. On June 12, 1995, Nevada received final
authorization for revisions to its hazardous waste program, which
included substantially all the Federal RCRA implementing regulations
published in the Federal Register through July 1, 1994. On March 28,
1996, Nevada submitted an application for additional revision
approvals. Nevada is seeking approval of its program revisions in
accordance with 40 CFR 271.21.
EPA has reviewed Nevada's application, and has made an immediate
final decision that Nevada's hazardous
[[Page 32346]]
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 July 24, 1996. Copies of Nevada's applications 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 regualtions that occurred between July 1,
1994 and July 1, 1995, including the following Federal hazardous waste
regulations:
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Federal requirement State analog
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Recovered oil exclusion; (59 FR Nevada Revised Statutes (NRS) 459.485
38536, July 28, 1994). and 459.490; Nevada Administrative
Code (NAC) 444.8632 through 444.8634
and regulations included as Section
4 of LCB File No. R027-95.
Removal of the conditional Same as above.
exemption for certain slag
residues; (59 FR 43496, August
24, 1994).
Universal treatment standards and Same as above.
treatment standards for organic
toxicity characteristic wastes
and newly listed wastes; (59 FR
47982, September 19, 1994).
Organic air emission standards Same as above.
for tanks, surface impoundments,
and containers; amendment; (59
FR 62896, December 6, 1994 and
60 FR 26828, May 19, 1995).
Hazardous Waste Management Same as above.
System; Testing and monitoring
activities amendment I; (60 FR
3089, January 13, 1995).
Carbamate production Same as above.
identification and listing of
hazardous waste; (60 FR 7824,
February 9, 1995).
Hazardous Waste Management Same as above.
System; Testing and monitoring
activities amendment II; (60 FR
17001, April 4, 1995).
Universal Waste Rule; (60 FR Same as above.
25492, May 11, 1995) Removal of
legally obsolete rules; (60 FR
33912, June 29, 1995).
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Note: NRS 459.485 effective 1981, amended 1991; NRS 459.490 effective
1981, amended 1987. NAC 444.8632 adopts by reference 40 CFR part 2,
subpart A; part 124, subparts A and B; parts 260 through 270,
inclusive; part 273 and part 279 as modified by NAC 444.8633, NAC
444.8634, 444.86325 and the regulations included as Section 4 of LCB
file no. R027-95 (filed with the Secretary of State on November 9,
1995).
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).
Dated: May 20, 1996.
Felicia Marcus,
Regional Administrator.
[FR Doc. 96-13986 Filed 6-21-96; 8:45 am]
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