[Federal Register Volume 61, Number 146 (Monday, July 29, 1996)]
[Rules and Regulations]
[Pages 39353-39356]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19086]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-5542-7]
Final Authorization of State Hazardous Waste Management Program:
Kansas
AGENCY: Environmental Protection Agency (EPA).
ACTION: Immediate final rule.
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SUMMARY: Kansas 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). The Kansas revisions
consist of provisions contained in federal rules promulgated between
July 1, 1986 to June 30, 1992. These requirements are listed in Section
B of this document. The EPA has reviewed the Kansas application and has
made a decision, subject to public review and comment, that the Kansas
hazardous waste program revisions satisfy all of the requirements
necessary to qualify for final authorization. Thus, the EPA intends to
approve the Kansas hazardous waste program revisions, subject to
authority retained by the EPA under the Hazardous and Solid Waste
Amendments of 1984 (hereinafter HSWA). The Kansas application for
program revision is available for public review and comment.
DATES: Final authorization for Kansas shall be effective September 27,
1996, unless the EPA publishes a prior Federal Register action
withdrawing this immediate final rule. All comments on the Kansas
program revision application must be received by the close of business
August 28, 1996.
ADDRESSES: Written comments should be sent to Ms. Pat Price, Iowa RCRA
& State Programs Branch, U.S. Environmental Protection Agency Region 7,
726 Minnesota Avenue, Kansas City, Kansas 66101 (913/551-7592). Copies
of the Kansas program revision application are available for inspection
and copying during normal business hours at the following addresses:
Bureau of Waste Management, Kansas Department of Health and
Environment, Forbes Field, Topeka, Kansas 66620-0001 (913/296-1600); 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).
FOR FURTHER INFORMATION CONTACT: Ms. Pat Price, U.S. EPA Region 7, 726
Minnesota Avenue, Kansas City, Kansas 66101 (913/551-7592).
SUPPLEMENTARY INFORMATION:
A. Background
States with final authorization under section 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 Amendment 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.
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. Kansas
Kansas initially received final authorization for its base RCRA
Program effective October 17, 1985 (50 FR 40377). Kansas received
authorization for a revision to its program effective on June 25, 1990,
for Non-HSWA Clusters I and II (55 FR 17273). Kansas received
additional approval for a revision to its program effective on August
15, 1994, for Non-HSWA Clusters III, IV, V, and HSWA Cluster I (59 FR
30528). Kansas submitted a final application for additional program
approval on April 16, 1996, for Non-HSWA Cluster VI, HSWA Cluster II,
and RCRA Clusters I and II. Kansas is seeking approval of its program
revisions in accordance with 40 CFR 271.21(b)(3).
The EPA has reviewed the Kansas application and has made an
immediate
[[Page 39354]]
final decision that the Kansas 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 Kansas. The
public may submit written comments on EPA's immediate final decision up
until August 28, 1996. Copies of the Kansas application for program
revisions are available for inspection and copying at the locations
indicated in the Addresses section of this document.
Approval of the Kansas program revisions shall become effective in
sixty (60) days, unless an adverse comment pertaining to the state's
revisions discussed in this document is received by the end of the
comment period. If an adverse comment is received, the 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.
On September 27, 1996, Kansas 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.
------------------------------------------------------------------------
Federal requirement Kansas regulation
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Checklist 39--California List Waste 28-31-2(a), 28-31-
Restrictions, July 8, 1987, 52 FR 25760- 4(b)(4), 28-31-8(a), 28-
25792, as amended on October 27, 1987, 52 FR 31-14, 28-31-9(a).
41295-41296.
Checklist 42--Exception Reporting for Small 28-31-4(f)(4).
Quantity Generators of Hazardous Waste,
September 23, 1987, 52 FR 35894-35899.
Checklist 44D--HSWA Codification Rule 2 28-31-9(a).
(Permit Modification), December 1, 1987, 52
FR 45788-45799.
Checklist 44E--HSWA Codification Rule 2 28-31-9(a).
(Permit as a Shield Provision), December 1,
1987, 52 FR 45788-45799.
Checklist 44F--HSWA Codification Rule 2 28-31-9(a).
(Permit Condition to Protect Human Health
and the Environment), December 1, 1987, 52
FR 45788-45799.
Checklist 44G--HSWA Codification Rule 2 (Post- 28-31-9(a).
Closure Permits), December 1, 1987, 52 FR
45788-45799.
Checklist 48--Farmer Exemptions; Technical 28-31-4(a), 28-31-8(a),
Corrections, July 19, 1988, 53 FR 27164- 28-31-14, 28-31-9(a).
27165.
Checklist 50--Land Disposal Restrictions for 28-31-8(a), 28-31-8(b),
First Third Scheduled Wastes, August 17, 28-31-14.
1988, 53 FR 31138-31222, as amended on
February 27, 1989, 54 FR 8264-8266.
Checklist 52--Hazardous Waste Management 28-31-2(a), 28-31-8(a),
System; Standards for Hazardous Waste 28-31-9(a).
Storage and Treatment Tank Systems,
September 2, 1988, 53 FR 34079-34087.
Checklist 62--Land Disposal Restrictions 28-31-14.
Amendments to First Third Scheduled Wastes,
May 2, 1989, 54 FR 18836-18838.
Checklist 63--Land Disposal Restrictions for 28-31-14.
Second Third Scheduled Wastes, June 23,
1989, 54 FR 26594-26652.
Checklist 64--Delay of Closure Period for 28-31-8(a), 28-31-9(a).
Hazardous Waste Management Facilities,
August 14, 1989, 54 FR 33376-33398.
Checklist 65--Mining Waste Exclusion I, 28-31-3(a).
September 1, 1989, 54 FR 36592-36642.
Checklist 66--Land Disposal Restrictions; 28-31-8(b), 28-31-14.
Correction to the First Third Scheduled
Wastes, September 6, 1989, 54 FR 36967, as
amended on June 13, 1990, 55 FR 23935.
Checklist 67--Testing and Monitoring 28-31-2(a), 28-31-3(a).
Activities, September 29, 1989, 54 FR 40260-
40269.
Checklist 68--Reportable Quantity Adjustment 28-31-3(a).
Methyl Bromide Production Wastes, October 6,
1989, 54 FR 41402-41408.
Checklist 69--Reportable Quantity Adjustment, 28-31-3(a).
December 11, 1989, 54 FR 50968-50979.
Checklist 70--Changes to Part 124 Not 28-31-9(a).
Accounted for by Present Checklists, April
1, 1983, 48 FR 14146-14295; June 30, 1983,
48 FR 30113-30115; July 26, 1988, 53 FR
28118-28157; September 26, 1988, 53 FR 37396-
37414; January 4, 1989, 54 FR 246-258.
Checklist 71--Mining Waste Exclusion II, 28-31-2(a), 28-31-3(a),
January 23, 1990, 55 FR 2322-2354. 28-31-4(b).
Checklist 72--Modification of F019 Listing, 28-31-3(a).
February 14, 1990, 55 FR 5340-5342.
Checklist 73--Testing and Monitoring 28-31-2(a), 28-31-3(a).
Activities; Technical Corrections, March 9,
1990, 55 FR 8948-8950.
Checklist 74--Toxicity Characteristic 28-31-3(a), 28-31-8(a),
Revisions, March 29, 1990, 55 FR 11798- 28-31-14.
11877, as amended on June 29, 1990, 55 FR
26986-26998.
Checklist 75--Listing of 1,1- 28-31-3(a).
Dimethylhydrazine Production Wastes, May 2,
1990, 55 FR 18496-18506.
Checklist 76--Criteria for Listing Toxic 28-31-3(a).
Wastes; Technical Amendment, May 4, 1990, 55
FR 18726.
Checklist 77--HSWA Codification Rule 2, 28-31-8(a).
Double Liners; Correction, May 9, 1990, 55
FR 19262-19264.
Checklist 78--Land Disposal Restrictions for 28-31-3(a), 28-31-4(a),
Third Third Scheduled Wastes, June 1, 1990, 28-31-4 (a) and (e), 28-
55 FR 22520-22720. 31-8(a), 28-31-14, 28-31-
9(a).
Checklist 79--Organic Air Emission Standards 28-31-2(a), 28-31-3(a),
for Process Vents and Equipment Leaks, June 28-31-8(a), 28-31-9(a).
21, 1990, 55 FR 25454-25519.
Checklist 80--Toxicity Characteristic; 28-31-3(a).
Hydrocarbon Recovery Operations, October 5,
1990, 55 FR 40834-40837, as amended on
February 1, 1991, at 56 FR 3978, and April
2, 1991, at 56 FR 13406-13411.
Checklist 81--Petroleum Refinery Primary and 28-31-3(a).
Secondary Oil/Water Solids Separation Sludge
Listings (F037 and F038), November 2, 1990,
55 FR 46354-46397, as amended on December
17, 1990 at 55 FR 51707.
Checklist 82--Wood Preserving Listings, 28-31-2(a), 28-31-3(a),
December 6, 1990, 55 FR 50450-50490. 28-31-4(a), 28-31-8(a),
28-31-9(a).
Checklist 83--Land Disposal Restrictions for 28-31-3(a), 28-31-4(a),
Third Third Scheduled Wastes; Technical 28-31-14.
Amendments, January 31, 1991, 56 FR 3864-
3928.
[[Page 39355]]
------------------------------------------------------------------------
Federal requirement Kansas regulation
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Checklist 84--Toxicity Characteristic; 28-31-3(a).
Chlorofluorocarbon Refrigerants, February
13, 1991, 56 FR 5910-5915.
Checklist 86--Removal of Strontium Sulfide 28-31-3(a).
from the List of Hazardous Wastes; Technical
Amendment, February 25, 1991, 56 FR 7567-
7568.
Checklist 87--Organic Air Emission Standards 28-31-8(a), 28-31-9(a).
for Process Vents and Equipment Leaks;
Technical Amendment, April 26, 1991, 56 FR
19290.
Checklist 88--Administrative Stay for K069 28-31-3(a).
Listing, May 1, 1991, 56 FR 19951.
Checklist 89--Revision to the Petroleum 28-31-3(a).
Refining Primary and Secondary Oil/Water/
Solids Separation Sludge Listings (F037 and
F038), May 13, 1991, 56 FR 21955-21960.
Checklist 90--Mining Waste Exclusion III, 28-31-3(a).
June 13, 1991, 56 FR 27300-27330.
Checklist 91--Wood Preserving Listings, June 28-31-3(a), 28-31-8(a).
13, 1991, 56 FR 27332-27336.
Checklist 92--Wood Preserving Listings; 28-31-3(a), 28-31-4(a),
Technical Corrections, July 1, 1991, 56 FR 28-31-4(g), 28-31-8(a),
30192-30198. 28-31-9(a).
Checklist 95--Land Disposal Restrictions for 28-31-3(a), 28-31-14.
Electric Arc Furnace Dust (K061), August 19,
1991, 56 FR 41164-41178.
Checklist 97--Exports of Hazardous Waste; 28-31-4(q).
Technical Correction, September 4, 1991, 56
FR 43704-43705.
Checklist 99--Amendments to Interim Status 28-31-2(a), 28-31-8(a).
Standards for Downgradient Ground-Water
Monitoring Well Locations, December 23,
1991, 56 FR 66365-66369.
Checklist 100--Liners and Leak Detection 28-31-2(a), 28-31-8(a),
Systems for Hazardous Waste Land Disposal 28-31-9(a).
Units, January 29, 1992, 57 FR 3462-3497.
Checklist 101--Administrative Stay for the 28-31-8(a).
Requirement that Existing Drip Pads Be
Impermeable, February 18, 1992, 57 FR 5859-
5861.
Checklist 102--Second Correction to the Third 28-31-8(a), 28-31-14.
Third Land Disposal Restrictions, March 6,
1992, 57 FR 8086-8089.
Checklist 103--Hazardous Debris Case-by-Case 28-31-14.
Capacity Variance, May 15, 1992, 57 FR 20766-
20770.
Checklist 104--Used Oil Filter Exclusion, May 28-31-3(a).
20, 1992, 57 FR 21524-21534.
Checklist 105--Recycled Coke By-Product, June 28-31-3(a).
22, 1992, 57 FR 27880-27888.
Checklist 106--Lead-Bearing Hazardous 28-31-14.
Materials Case-by-Case Capacity Variance,
June 26, 1992, 57 FR 28628-28632.
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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 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. Kansas
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
We conclude that the Kansas application for program revisions meets
all of the statutory and regulatory requirements established by RCRA
and its amendments. Accordingly, following the public comment period,
Kansas is granted final authorization to operate its hazardous waste
management program, as revised. Kansas 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 limitations of the
HSWA. Kansas 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
Kansas 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. Before promulgating an EPA rule for
which a written statement is needed, 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
[[Page 39356]]
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, enabling officials of affected small governments to
have meaningful and timely input in the development of the EPA
regulatory proposals with significant federal intergovernmental
mandates, and informing, educating, and advising small governments on
compliance with the regulatory requirements.
Today's rule contains no federal mandates for state, local or
tribal governments or the private sector. The Act excludes from the
definition of a ``federal mandate'' duties that arise from
participation in a voluntary federal program, except in certain cases
where a ``federal intergovernmental mandate'' affects an annual federal
entitlement program of $500 million or more that are not applicable
here. The Kansas request for approval of revisions to its authorized
hazardous waste program is voluntary and imposes no federal mandate
within the meaning of the Act. Rather, by having its hazardous waste
program approved, the state will gain the authority to implement the
program within its jurisdiction, in lieu of the EPA thereby eliminating
duplicative state and federal requirements. If a state chooses not to
seek authorization for administration of a hazardous waste program
under RCRA Subtitle C, RCRA regulation is left to the EPA.
In any event, the 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. The EPA does not
anticipate that the approval of the Kansas hazardous waste program
referenced in today's notice will result in annual costs of $100
million or more. The EPA's approval of state programs generally may
reduce, not increase, compliance costs for the private sector since the
state, by virtue of the approval, may now administer the program in
lieu of the EPA and exercise primary enforcement. Hence, owners and
operators of treatment, storage, or disposal facilities (TSDFs)
generally no longer face dual federal and state compliance
requirements, thereby reducing overall compliance costs. 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 and are not subject to any additional
significant or unique requirements by virtue of this program approval.
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 under the approved state
program, in lieu of the federal program.
Certification Under the Regulatory Flexibility Act
The EPA has determined that this authorization will not have a
significant economic impact on a substantial number of small entities.
The EPA recognizes that small entities may own and/or operate TSDFs
that will become subject to the requirements of an approved state
hazardous waste program. However, since such small entities which own
and/or operate TSDFs are already subject to the requirements in 40 CFR
Parts 264, 265 and 270, this authorization does not impose any
additional burdens on these small entities. This is because the EPA's
authorization would result in an administrative change (i.e., whether
the EPA or the state administers the RCRA Subtitle C program in that
state), rather than result in a change in the substantive requirements
imposed on small entities. Once the EPA authorizes a state to
administer its own hazardous waste program and any revisions to that
program, these same small entities will be able to own and operate
their TSDFs under the approved state program, in lieu of the federal
program. Moreover, this authorization, in approving a state program to
operate in lieu of the federal program, eliminates duplicative
requirements for owners and operators of TSDFs in that particular
state.
Therefore, the EPA provides the following certification under the
Regulatory Flexibility Act, as amended by the Small Business Regulatory
Enforcement Fairness Act. Pursuant to the provision at 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 approves the Kansas program to operate in
lieu of the federal 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.
Submission to Congress and the General Accounting Office
Under Section 801(a)(1)(A) of the Administrative Procedures Act
(APA) as amended by the Small Business Regulatory Enforcement Fairness
Act of 1996, the EPA submitted a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives and the Comptroller General of the General Accounting
Office prior to publication of the rule in today's Federal Register.
This rule is not a ``major rule'' as defined by Section 804(2) of the
APA as amended.
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: July 17, 1996.
Dennis Grams,
Regional Administrator.
[FR Doc. 96-19086 Filed 7-26-96; 8:45 am]
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