[Federal Register Volume 59, Number 150 (Friday, August 5, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-19164]
[[Page Unknown]]
[Federal Register: August 5, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-5027-4]
Wisconsin: Authorization of State Hazardous Waste Management
Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Immediate final rule.
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SUMMARY: Wisconsin 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 Environmental
Protection Agency (EPA) has reviewed Wisconsin's application and has
reached a decision, subject to public review and comment, that these
hazardous waste program revisions satisfy all the requirements
necessary to qualify for final authorization. Thus, EPA intends to
grant final authorization to Wisconsin to operate its expanded program,
subject to authority retained by EPA under the Hazardous and Solid
Waste Amendments of 1984 (Pub. L. 98-616, November 8, 1984, hereinafter
HSWA).
EFFECTIVE DATE: Final authorization for Wisconsin shall be effective on
October 4, 1994, unless EPA publishes a prior Federal Register (FR)
action withdrawing this immediate final rule. All comments on
Wisconsin's final authorization must be received by 4:30 p.m. central
time on September 6, 1994. If an adverse comment is received, EPA will
publish either (1) a withdrawal of this immediate final rule or (2) a
notice containing a response to the comment which either affirms that
the immediate final decision takes effect or reverses the decision.
ADDRESSES: Copies of Wisconsin's final Authorization Revision
Application are available from 9 a.m. to 4 p.m., at the following
addresses for inspection and copying: Mr. Al Matano, Wisconsin
Department of Natural Resources, 101 S. Webster, Third Floor, Madison,
Wisconsin 53707, Phone 608/267-3531; Ms. Margaret Millard, U.S. EPA
Region V, Office of RCRA, 77 W. Jackson, Seventh Floor, Chicago,
Illinois 60604, Phone 312/353-1440. Written comments should be sent to
Ms. Margaret Millard, U.S. EPA Region V, Office of RCRA, 77 W. Jackson
(HRM-7J), Chicago, Illinois, 60604, Phone 312/353-1440.
FOR FURTHER INFORMATION CONTACT: Margaret Millard, Wisconsin
Regulatory Specialist, U.S. EPA Region V, HRM-7J, 77 West Jackson
Blvd., Chicago, Illinois, 60604, (312) 353-1440.
SUPPLEMENTARY INFORMATION:
A. Background
States with final authorization under section 3006(b) of RCRA, 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 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
EPA's regulations in 40 CFR Parts 124, 260-266, 268, and 270.
B. Wisconsin
Wisconsin initially received final authorization for its program
effective January 31, 1986 (51 FR 3783). Subsequently, Wisconsin
received authorization for revisions to its program, which became
effective on June 6, 1989 (54 FR 22278), January 22, 1990 (54 FR
48243), April 24, 1992 (57 FR 15029), and August 2, 1993 (58 FR 31344).
On March 16, 1994, Wisconsin submitted a program revision application
for additional program approvals. Today, Wisconsin is seeking approval
of its program revision in accordance with 40 CFR 271.21(b)(3).
EPA reviewed Wisconsin's application, and has made an immediate
final decision that Wisconsin'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 Wisconsin. The public may
submit written comments on EPA's immediate final decision up until
September 6, 1994. Copies of Wisconsin's application for program
revision are available for inspection and copying at the locations
indicated in the ``Addresses'' section of this notice.
Approval of Wisconsin'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.
On October 4, 1994, (unless EPA publishes a prior FR action
withdrawing this immediate final rule), Wisconsin 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 Analogous state authority
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Toxicity Characteristic Wisconsin Administrative Code (WAC) NR
Revisions, March 29, 605.05(1)(a)5,9,17; 605.13; 605.08(5)(a),(b);
1990, (55 FR 11798)*. 605.09(1)(b); 605.11; effective September 1,
1992.
Land Disposal WAC NR 605.08(1)(b),(2)(b),(3)(b),(4)(b), and
Restrictions for Third (5)(b); 605.09(2)(a),(3)(a)3 and (5)(b); 605
Third Scheduled Appendix III; 610.05(3); 615.06(3);
Wastes, June 1, 1990, 660.13(8)(c)6; 675.22(4) and (4)(a)-(d);
(55 FR 22520)*. 675.22(5); and 680.22(25); 615.05(4)(a)5;
660.13(3); 655.09; 680.22(32); 600.03; 675.03;
600.03(85),(89),(112),(149),(162),(239)(a)-(c)
; 600.03(109)(a)-(h); 675.06(1) and (2);
675.07(1)(c)1.b,(1)(d)1.b and (1)(e)1.b;
675.07(1)(i),(1)(i)1-3; 675.07(1)(j) and (k);
675.07(2)(d)1.b; 675.07(2)(e)1 and 3;
675.07(2)(g); 675.09(1)-(5); 675.16(1)(a)-(e),
(2)-(8); 675.20(1) and (3); 675.21(1);
675.22(1) and (1)(b); 675.22(1)(b) Tables 1,2,
and 3; 675.22(2)(a); 675.23(1); 675.23(1)
Table CCW; 675.23(3),(3)(a)-(c); 675
Appendices III,IV,V,VI, and VII; effective
September 1, 1992.
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*Indicates HSWA Requirement.
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 has previously suspended issuance of permits for the other
provisions on January 31, 1986, June 6, 1989, January 22, 1990, April
24, 1992, and August 2, 1993, the effective dates of Wisconsin's final
authorization for the RCRA base program, and for subsequent program
revisions.
Wisconsin is not authorized to operate the Federal program on
Indian lands. This authority remains with EPA unless provided otherwise
in a future statute or regulation.
C. Decision
I conclude that Wisconsin's program revision meets all of the
statutory and regulatory requirements established by RCRA described in
its revised program application, subject to the limitations of the
HSWA. Accordingly, EPA grants Wisconsin final authorization to operate
its hazardous waste program as revised. Wisconsin currently has
responsibility for permitting treatment, storage, and disposal
facilities within its borders and carrying out other aspects of the
RCRA program and its amendments. Wisconsin 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.
D. Codification in Part 272
EPA incorporates by reference authorized State programs in Part 272
of 40 CFR to provide notice to the public of the scope of the
authorized program in each State. Incorporation by reference of the
Wisconsin 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.
Certification Under the Regulatory Flexibility Act
Pursuant to the provisions of 4 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
Wisconsin'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 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: June 30, 1994.
Valdas V. Adamkus,
Regional Administrator.
[FR Doc. 94-19164 Filed 8-4-94; 8:45 am]
BILLING CODE 6560-50-P
