[Federal Register Volume 59, Number 157 (Tuesday, August 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20040]
[[Page Unknown]]
[Federal Register: August 16, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-5052-8]
Florida; Final Authorization of Revisions to State Hazardous
Waste Management Program
AGENCY: Environmental Protection Agency.
ACTION: Immediate final rule.
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SUMMARY: Florida has applied for final authorization of revisions to
its hazardous waste program under the Resource Conservation and
Recovery Act (RCRA). Florida's revisions consist of the provisions
contained in the rules promulgated between July 1, 1990, and June 30,
1992, otherwise known as RCRA Cluster I & II. These requirements are
listed in section B of this document. The Environmental Protection
Agency (EPA) has reviewed Florida's application and has made a
decision, subject to public review and comment, that the Florida
hazardous waste program revisions satisfy all of the requirements
necessary to qualify for final authorization. Thus, EPA intends to
approve Florida's hazardous waste program revisions. Florida's
application for program revisions is available for public review and
comment.
DATES: Final authorization for Florida's program revisions shall be
effective October 17, 1994 unless EPA publishes a prior Federal
Register action withdrawing this immediate final rule. All comments on
Florida's program revision application must be received by the close of
business, September 15, 1994.
ADDRESSES: Written comments should be sent to A.R. Hanke, Chief, State
Programs Section, Waste Programs Branch, Waste Management Divison,
USEPA, 345 Courtland Street NE., Atlanta, Georgia 30365. Copies of
Florida's program revision application are available during normal
business hours at the following addresses for inspection and copying:
Florida Department of Environmental Protection, 2600 Blair Stone Road,
Tallahassee, Florida 32399-2400, phone (904) 488-0300; USEPA Region IV,
Library, 345 Courtland Street NE., Atlanta, Georgia 30365; (404) 347-
4216.
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.
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 124, 260
through 268 and 270.
B. Florida
Florida initially received final authorization for its base RCRA
program effective on February 12, 1985, (50 FR 3908, January 29, 1985).
Florida received authorization for revisions to its program on April 6,
1992, for Non-HSWA III, IV, and V, and on January 10, 1994 for HSWA I
without Corrective Action. Today, Florida is seeking approval of its
program revisions in accordance with 40 CFR 271.21(b)(3).
EPA has reviewed Florida's application and has made an immediate
final decision that Florida'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 Florida. The public may submit
written comments on EPA's immediate final decision up until October 17,
1994. Copies of Florida'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 Florida's program revisions shall become effective
October 17, 1994. 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.
Florida is today seeking authority to administer the following
Federal requirements.
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Checklist Description FR date and page Florida rule
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80........... Toxicity Characteristic; 10/5/90, 55 FR 40834; 2/1/ 17-730.030(1) F.A.C. 403.72(1) F.S.
Hydrocarbon Recovery 91, 56 FR 3978; 4/2/91, 56
Operations. FR 13406.
81........... Petroleum Refinery 11/2/90, 55 FR 46354; 12/17/ 17-730.030(1), F.A.C. 403.72(1) F.S.
Primary and Secondary 90, 55 FR 51707.
Oil/Water/Solids
Separation Sludge
Listing (FO37 and FO38).
82........... Wood Preserving Listings. 12/6/90, 55 FR 50450........ 17-730.020, 030,160,180, & 220 F.A.C.
403.704,721, & 722 F.S.
83........... Land Disposal 1/31/91, 56 FR 3864......... 17-730.030, 160, & 183 F.A.C. 403.72, &
Restrictions for Third 721, F.S.
Third Scheduled Wastes;
Technical Amendments.
84........... Toxicity Characteristic; 2/13/91, 56 FR 5910......... 17-730.030(1) F.A.C. 403.72(1), F.S.
Chlorofluorocarbon
Refrigerants.
86........... Removal of Strontium 2/25/91, 56 FR 7567......... 17-730.030(1) F.A.C. 403.72(1), F.S.
Sulfide from the List of
Hazardous Wastes;
Technical Amendment.
87........... Organic Air Emission 4/26/91, 56 FR 19290........ 17-730.180, & 220 F.A.C. 403.087, 721, &
Standards for Process 722 F.S.
Vents and Equipment
Leaks; Technical
Amendment.
88........... Administrative Stay for 5/1/91, 56 FR 19951......... 17-730.030 F.A.C. 403.71(1) F.S.
Portions of the KO69
Listing.
89........... Revision to the Petroleum 5/13/91, 56 FR 21955........ 17-730.030(1) F.A.C. 403.72(1) F.S.
Refining Primary and
Secondary Oil/Water/
Solids Separation Sludge
Listings (FO37 and FO38).
90........... Mining Waste Exclusion 6/13/91, 56 FR 27300........ 17-730.030(1), F.A.C. 403.72(1), F.S.
III.
91........... Administrative Stay for 6/13/91, 56 FR 27332........ 17-730.030, 180, F.A.C. 403.72, & 721
FO32, FO34, and FO35 F.S.
Listings.
92........... Wood Preserving Listings: 7/1/91, 56 FR 30192......... 17-730.030, 160, 180, & 220 F.A.C.
Technical Corrections. 403.72, 721, 704, & 722, F.S.
95........... Land Disposal 8/19/91, 56 FR 41164........ 17-730.030, & 183 F.A.C. 403.72, & 721
Restrictions for F.S.
Electric Arc Furnace
Dust (KO61).
97........... Exports of Hazardous 9/4/91, 56 FR 43704......... 17-730.160 F.A.C. 403.721(3), F.S.
Waste; Technical
Correction.
99........... Amendments to Interim 12/23/91, 56 FR 66365....... 17-730.020, & 180, F.A.C. 403.704, &
Status Standards for 721, F.S.
Downgradient Ground
Water Monitoring Well
Locations.
100.......... Liners and Leak Detection 1/29/92, 57 FR 3462......... 17-730.020, 180, & 220, F.A.C. 403.721,
Systems for Hazardous & 722, F.S.
Waste Land Disposal
Units.
101.......... Administrative Stay for 2/18/92, 57 FR 5859......... 17-730.180 (1) F.A.C. 403.721 F.S.
the Requirement that
Existing Drip Pads Be
Impermeable.
102.......... Second Correction to the 3/6/92, 57 FR 8086.......... 17-730.180, & 183, F.A.C. 403.721, F.S.
Third Third Land
Disposal Restrictions.
103.......... Hazardous Debris Case-by- 5/15/92, 57 FR 20766........ 17-730.83, F.A.C. 403.721, F.S.
Case Capacity Variance.
106.......... Lead-bearing Hazardous 6/26/92, 57 FR 28628........ 17-730.183, F.A.C. 403.721, F.S.
Materials Case-by-Case
Capacity Variance.
108.......... Toxicity Characteristics 7/10/92, 57 FR 30657........ 17-730.030, & 180, F.A.C. 403.72, & 721
Revisions: Technical F.S.
Corrections.
117B......... Toxicity Characteristic 6/1/92, 57 FR 23062......... 17-730.030, F.A.C. 403.72(1), F.S.
Amendment.
120.......... Wood Preserving; 12/24/92, 57 FR 61492....... 17-730.030, & 180 F.A.C. 403.72, & 721,
Amendments to Listings F.S.
and Technical
Requirements.
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Note: The January 31, 1991, and the July 8, 1987, optional amendments to 40 CFR 270.42 are not adopted by
Florida. Rule 17-730.290(1)(d), F.A.C., states that the Department may require permit modifications for the
causes set forth in 40 CFR 270.42.
C. Decision
I conclude that Florida's application for these program revisions
meet all of the statutory and regulatory requirements established by
RCRA. Accordingly, Florida is granted final authorization to operate
its hazardous waste program as revised, except where otherwise noted.
Florida 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, its previously approved authorities and where
otherwise noted in this document. Florida also has primary enforcement
responsibilities, although 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.
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
Florida'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
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: August 8, 1994.
Patrick M. Tobin,
Acting Regional Administrator.
[FR Doc. 94-20040 Filed 8-15-94; 8:45 am]
BILLING CODE 6560-50-P
