[Federal Register Volume 61, Number 123 (Tuesday, June 25, 1996)]
[Rules and Regulations]
[Pages 32699-32702]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16125]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-5524-9]
Final Authorization of State Hazardous Waste Management Program:
Nebraska
AGENCY: Environmental Protection Agency (EPA).
ACTION: Immediate final rule.
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SUMMARY: Nebraska has applied for final authorization of revisions to
its hazardous waste program under the Resource Conservation and
Recovery Act of 1976 as amended (hereinafter RCRA). Nebraska's
revisions consist of provisions contained in rules promulgated between
July 1, 1985 and June 30, 1990, otherwise known as Non-
[[Page 32700]]
HSWA Cluster II and III; and HSWA Cluster I and II. These requirements
are listed in Section B of this document. The EPA has reviewed
Nebraska's application and has made a decision, subject to public
review and comment, that Nebraska's hazardous waste program revisions
satisfy all of the requirements necessary to qualify for final
authorization. Thus, the EPA intends to approve Nebraska's hazardous
waste program revisions, subject to authority retained by the EPA under
the Hazardous and Solid Waste Amendments of 1984 (hereinafter HSWA).
Nebraska's application for program revision is available for public
review and comment.
DATES: Effective Dates: Final authorization for Nebraska shall be
effective August 26, 1996, unless the EPA publishes a prior Federal
Register action withdrawing this immediate final rule. All comments on
Nebraska's program revision application must be received by the close
of business July 25, 1996.
ADDRESSES: Written comments should be sent to Ms. Pat Price, Iowa RCRA
& State Programs Branch, U.S. Environmental Protection Agency, 726
Minnesota Avenue, Kansas City, Kansas 66101, Phone (913/551-7592).
Copies of the Nebraska program revision application are available for
inspection and copying during normal business hours at the following
addresses: Hazardous Waste Section, Nebraska Department of
Environmental Quality, P.O. Box 98922, Lincoln, Nebraska 68509-8922
(402/471-4217); U.S. EPA Headquarters Library, PM 211A, 401 M Street,
S.W., Washington, D.C. 20460 (202/382-5926); U.S. EPA Region 7 Library,
726 Minnesota Avenue, Kansas City, Kansas 66101 (913/551-7241). A copy
of the applicable state statutes and regulations is also available at
the Office of the Federal Register, 1100 L Street, N.W., Room 8401,
Washington, D.C. 20005.
FOR FURTHER INFORMATION CONTACT: Ms. Pat Price, U.S. EPA Region 7, 726
Minnesota Avenue, Kansas City, Kansas 66101, Phone: 913/551-7592.
SUPPLEMENTARY INFORMATION:
A. Background
States with final authorization under 3006(b) of RCRA, 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. The Hazardous and Solid Waste
Amendments of 1984 (Public Law 98-616, November 8, 1984, hereafter
HSWA) allow states to revise their programs and seek authorization for
program components that are 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.
In accordance with 40 CFR 271.21, 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
the EPA's regulations in 40 CFR Parts 124, 260-266, 268, 270, 273 and
279.
B. Nebraska
Nebraska initially received final authorization for its base RCRA
Program effective February 7, 1985 (50 FR 3345, January 24, 1985).
Nebraska received authorization for revisions to its program effective
December 3, 1988 (53 FR 38950, October 4, 1988). Nebraska submitted a
draft application for additional program elements on March 1, 1990, and
a final application on April 13, 1992. Nebraska is seeking approval of
its program revision in accordance with 40 CFR 271.21(b)(3).
The EPA has reviewed Nebraska's application and has made an
immediate final decision that Nebraska's hazardous waste program
revisions satisfy all of the requirements necessary to qualify for
final authorization. Consequently, the EPA intends to grant final
authorization for the additional program modifications to Nebraska. The
public may submit written comments on the EPA's immediate final
decision up until July 25, 1996. Copies of Nebraska's application for
program revision are available for inspection and copying at the
locations indicated in the Addresses section of this document.
Approval of the Nebraska program revision shall become effective
sixty (60) days from today, unless an adverse comment pertaining to the
state's revisions discussed in this document is received by the end of
the comment period. If such an adverse comment is received, the EPA
will publish either: (1) a withdrawal of the immediate final decision,
or (2) a document containing a response to comments which either
affirms that the immediate final decision takes effect or reverses the
decision.
On August 26, 1996, Nebraska will be authorized to carry out, in
lieu of the federal program, those provisions of the state's program
which are analogous to the following provisions of the federal program.
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Federal requirement Analogous state authority
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Checklist 26--Listing of Spent Pickle Rule 15 005.
Liquor (K062), May 28, 1986, 51 FR
19320-19322, as amended on September
22, 1986, 51 FR 33612, as amended on
August 3, 1987, 52 FR 28697.
Checklist 27--Liability Coverage; Rules 21 001; 16 022.02B.
Corporate Guarantee, July 11, 1986, 51
FR 25350-25356.
Checklist 28--Standards for Hazardous Rules 1 001; 1 005; 1 013; 1
Waste Storage and Treatment Tank 018; 1 035; 1 054; 1 058; 1
Systems, July 14, 1986, 51 FR 25422- 064; 1 074; 1 075; 1 107; 1
25486, as amended on August 15, 1986, 122; 1 123; 1 131; 5 001.08;
51 FR 29430-29431. 19 004.01; 23 006; 21 001; 16
022.02B; 19 004.01B; 16
005.01; 16 005.03; 16 022.03E.
Checklist 29--Corrections to Listing of Rules 15 006.05; 15 007,
Commercial Chemical Products and Appendix I.
Appendix VIII Constituents, August 6,
1986, 51 FR 28296-28310.
Checklist 31--Exports of Haz. Waste, Rules 6007.03; 7001.03; 18
August 8, 1986, 51 FR 28664-28686. 003.01A; 19 005; 19 007; 17
002.01; 17 003.01; 17 003.03;
17 003.05B; 17 003.06B;
17,003.07.
Checklist 34--Land Disposal Rules Chapter 1; 19 002.04; 20
Restrictions, November 7, 1986, 51 FR 006; 16 022.02B; 16 002.02B;
40572-40654, as amended on June 4, 30 001; 16 005.01; 16 011.030;
1987, 52 FR 21010-21018. 16 011.0301; 16.011.0303; 16
011.0304.
Checklist 36--Closure/Post Closure Care Rule 16 022.02B.
for Interim Status Surface
Impoundments, March 19, 1987, 52 FR
8704-8709.
Checklist 37--Definition of Solid Rules 15 006; 26 003.01A2.
Waste: Technical Corrections, June 5,
1987, 52 FR 21306-21307.
[[Page 32701]]
Checklist 38--Amendments to Part B Rule 16 005.01.
Information Requirements for Disposal
Facilities, June 22, 1987, 52 FR 23477-
23450, as amended on September 9,
1987, 52 FR 33936.
Checklist 39--California List Waste Rules 19 007; 21 001; 16
Restrictions, July 8, 1987, 52 FR 022B.02B; 30 001; 16 001.0301;
25760-25792, as amended on October 27, 16 001.0302; 16 001.0302(a);
1987, 52 FR 41295-41296. 16 011.0302(b); 16 011.03P; 16
011.03P1; 16 011.03P2; 16
011.03P3; 16 022.03E.
Checklist 40--List (Phase 1) of Rules 21 001; 16 005.01.
Hazardous Constituents for Ground-
Water Monitoring, July 9, 1987, 52 FR
25942-25953.
Checklist 41--Identification and Rule 15 006.03.
Listing of Hazardous Waste, July 10,
1987, 52 FR 26012.
Checklist 42--Exception Reporting for Rules 18 003.02A; 18 003.02B;
Small Quantity Generators of Hazardous 18 003.02C; 23 003.07.
Waste, September 23, 1987, 52 FR 35894-
35899.
Checklist 43--Liability Requirements Rules 21 001; 16 022.02B.
for Hazardous Waste Facilities;
Corporate Guarantee, November 18,
1987, 52 FR 44314-44321.
Checklist 44E--Permit as a Shield Rule 16 002.01.
Provision, December 1, 1987, 52 FR
45788-45799.
Checklist 44F--Permit Conditions to Rules 16 008; 16 011.02M.
Protect Human Health and the
Environment, December 1, 1987, 52 FR
45788-45799.
Checklist 44G--Post Closure Permits, Rules 16 001; 16 001.04.
December 1, 1987, 52 FR 45788-45799.
Checklist 45--Hazardous Waste Rules Title 122, Chapter 6,
Miscellaneous Units, December 10, Section 001; 1 061; 1 071; 21
1987, 52 FR 46946-46965. 001; 16 005.01; 16 003.04.
Checklist 46--Technical Corrections; Rules 15 006.05; 15 007,
Identification and Listing of Appendix I.
Hazardous Waste, April 22, 1988, 53 FR
13382-13393.
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The state will assume lead responsibility for issuing permits for
those program areas authorized today. For those HSWA provisions for
which the state is not authorized, the EPA will retain lead
responsibility. For those permits which will now change to state lead
from the EPA, the EPA will transfer copies of any pending applications,
completed permits, or pertinent file information to the state within 30
days of the effective date of this authorization. The EPA will be
responsible for enforcing the terms and conditions of previously
federally issued permits while they remain in force. The EPA will also
be responsible for enforcing the terms and conditions of RCRA permits
regarding HSWA requirements until the state has the authority to
address the HSWA requirements.
The state has agreed to review all state-issued permits and to
modify or reissue them as necessary to require compliance with the
currently approved state law and regulations. When the state reissues
federally issued permits as state permits, the state will take the lead
in enforcing such permits, with the exception of those HSWA
requirements for which the state has not received authorization.
Nebraska is not authorized to operate the Federal Program on Indian
Lands. This authority remains with the EPA unless provided otherwise in
a future statute or regulation.
C. Decision
I conclude that the Nebraska application for program revisions
meets all of the statutory and regulatory requirements established by
RCRA and its amendments. Accordingly, following the public notice and
comment period, Nebraska is hereby granted final authorization to
operate its hazardous waste management program, as revised. Nebraska
now has responsibility for permitting treatment, storage, and disposal
facilities within its borders and carrying out other aspects of the
RCRA program described in its revised program application, subject to
the requirements of HSWA. Nebraska also has primary enforcement
responsibilities, although the 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.
Incorporation by Reference
The EPA incorporates by reference, authorized state programs in 40
CFR Part 272, to provide notice to the public of the scope of the
authorized program in each state. Incorporation by reference of the
Nebraska program will be completed at a later date.
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), Public
Law 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, the
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 the 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 the 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 the 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 the EPA regulatory proposals with significant federal
intergovernmental mandates, and informing, educating, and advising them
on compliance with the regulatory requirements. The EPA
[[Page 32702]]
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. The EPA does not anticipate that the approval of Nebraska's
hazardous waste program referenced in today's document will result in
annual costs of $100 million or more. The 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. The 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 the
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
Nebraska'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.
Paperwork Reduction Act
Under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., federal
agencies must consider the paperwork burden imposed by any information
request contained in a proposed rule or a final rule. This rule will
not impose any information requirements upon the regulated community.
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 rulemaking 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: June 11, 1996.
Dennis Grams,
Regional Administrator.
[FR Doc. 96-16125 Filed 6-24-96; 8:45 am]
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