[Federal Register Volume 60, Number 168 (Wednesday, August 30, 1995)]
[Rules and Regulations]
[Pages 45069-45071]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-21281]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-5286-3]
Georgia: Final Authorization of State Hazardous Waste Management
Program Revisions
AGENCY: Environmental Protection Agency.
ACTION: Immediate Final Rule.
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SUMMARY: Georgia has applied for final authorization of revisions to
its hazardous waste program under the Resource Conservation and
Recovery Act (RCRA). Georgia's revisions consist of the provisions
contained in the rules promulgated for the Burning of Hazardous Waste
in Boilers and Industrial Furnaces. These requirements are listed in
Section B of this notice. The Environmental Protection Agency (EPA) has
reviewed Georgia's application and has made a decision, subject to
public review and comment, that Georgia's hazardous waste program
revision satisfies all of the requirements necessary to qualify for
final authorization. Thus, EPA intends to approve Georgia's hazardous
waste program revisions. Georgia's application for program revisions is
available for public review and comment.
DATES: Final authorization for Georgia shall be effective October 30,
1995 unless EPA publishes a prior Federal Register action withdrawing
this immediate final rule. All comments on Georgia's program revision
application must be received by the close of business September 29,
1995.
ADDRESSES: Copies of Georgia's program revision application are
available during regular office hours of 9 a.m. to 5 p.m., Monday
through Friday, at the following addresses for inspection and copying:
Georgia Department of Natural Resources, Environmental Protection
Division, Floyd Towers East, Room 1154, 205 Butler St., SE, Atlanta,
Georgia 30334; U.S. EPA Region 4, Library, 345 Courtland Street, NE,
Atlanta, Georgia 30365; (404) 347-4216, vmx 6050. Or you may contact
the State Coordinator at (404) 347-2234, vmx 2004.
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. 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. 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
[[Page 45070]]
HSWA requirements under Section 3006(g) of RCRA, 42 U.S.C. 6926(g), and
later apply for final authorization for 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 266, 268, 270, and 279.
B. Georgia
Georgia initially received final authorization for its base RCRA
program effective on August 21, 1984. Georgia has received
authorization for revisions to its program through RCRA Cluster III on
July 10, 1995. Today Georgia is seeking approval of the Burning of
Hazardous Waste in Boilers and Industrial Furnaces (BIF) rules which
are contained in RCRA Clusters I, II, and III in accordance with 40 CFR
271.21(b)(3).
EPA has reviewed Georgia's application, and has made an immediate
final decision that Georgia's hazardous waste program revision
satisfies all of the requirements necessary to qualify for final
authorization. Consequently, EPA intends to grant final authorization
for the additional program modifications to Georgia. The public may
submit written comments on EPA's immediate final decision up until
September 29, 1995. Copies of Georgia's application are available for
inspection and copying at the locations indicated in the addresses
section of this notice.
Approval of Georgia's program revision shall become effective in 60
days unless an adverse comment pertaining to the State's revision
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.
Georgia is today seeking authority to administer the following
Federal requirements.
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Federal requirement HSWA or FR notice Promulgation State authority
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Checklist 85 BIF Rule......... 56 FR 7134.............. 2/21/91 391-3-11.07(1),
391-3-11.11(3)(d)(e)&(g)(7)(d),&(13)
............ OCGA
12-8-62(2),(10),(20),
12-8-64(1)(J),
12-8-64(1)(M),
12-8-65(a)(16)&(21),
12-8-66
Checklist 94 BIF Rule......... 56 FR 32688............. 7/17/91 391-3-11--.10(1) & (3),
391-3-11--.11(3)(e)&(g)(7)(d)&(10)
OCGA
12-8-62(11)&(13),
12-8-64(1)(A)(B)(C)(D)(F)(I),
12-8-65(a)(3)&(21),
12-8-66
Checklist 96 BIF Rule......... 56 FR 42504............. 8/27/91 391-3-11--.07
OCGA
12-8-62(10)(11)(13)(20),
12-8-64(1)(M)(A)(B)(C)(D)(F)(I),
12-8-65(a)(3)(16)(21)
Checklist 98 BIF Rule......... 56 FR 43874............. 9/5/91 391-3-11--.10(3)
OCGA
12-8-64(1)&(2),
12-8-65(a)(3)(16)(21),
12-8-66
Checklist 111 BIF Rule........ 57 FR 38558............. 8/25/92 391-3-11--.02(1),
391-3-11--.07(1)(2),
391-3-11--.10(1)(2)(3)
OCGA
12-8-62(10)(20),
12-8-64(1)(M),
12-8-65(a)(16)(21)
Checklist 114 BIF Rule........ 57 FR 44999............. 9/30/92 391-3-11--.02(1),
391-3-11--.07(1)(2),
391-3-11--.10(1)(2)(3),
OCGA
12-8-62(11)(13),
12-8-64(1)(A)(B)(C)(D)(E)(F)(I),
12-8-66
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Georgia is not authorized by the Federal government to operate the
RCRA program on Indian Lands; this authority remains with EPA unless
provided otherwise in a future statute or regulation.
C. Decision
I conclude that Georgia's application for program revisions meets
all of the
[[Page 45071]]
statutory and regulatory requirements established by RCRA. Accordingly,
Georgia is granted final authorization to operate its hazardous waste
program as revised.
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
Georgia'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 waste transportation,
Hazardous waste, Indian lands, Intergovernmental relations, Penalties,
Reporting and record keeping 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 18, 1995.
Patrick M. Tobin,
Acting Regional Administrator.
[FR Doc. 95-21281 Filed 8-29-95; 8:45 am]
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