[Federal Register Volume 64, Number 178 (Wednesday, September 15, 1999)]
[Rules and Regulations]
[Pages 49998-50002]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-23912]
[[Page 49998]]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-6437-9]
Tennessee: Final Authorization of State Hazardous Waste
Management Program Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Immediate final rule.
-----------------------------------------------------------------------
SUMMARY: Tennessee has applied for Final authorization of the revision
to its hazardous waste program under the Resource Conservation and
Recovery Act (RCRA). Tennessee's revision consists of the provisions
contained in rules promulgated between July 1, 1994 through June 30,
1995, otherwise known as RCRA Cluster V and July 1, 1996 through June
30, 1997, otherwise known as RCRA Cluster VI. The EPA has reviewed
Tennessee's application and determined that its hazardous waste program
revision satisfies all of the requirements necessary to qualify for
Final authorization. EPA is authorizing the state program revision
through this immediate final action. EPA is publishing this rule
without prior proposal because the Agency views this as a
noncontroversial action and does not anticipate adverse comments.
However, in the proposed rules section of this Federal Register, EPA is
publishing a separate document that will serve as a proposal to
authorize the revision should the Agency receive adverse comment.
Unless EPA receives adverse written comments during the review and
comment period, the decision to authorize Tennessee's hazardous waste
program revision will take effect as provided below.
DATES: This Final authorization for Tennessee will become effective
without further notice on November 15, 1999, unless EPA receives
adverse comment by October 15, 1999. Should EPA receive such comments,
EPA will publish a timely withdrawal informing the public that the rule
will not take effect.
ADDRESSES: Send written comments to Narindar Kumar, Chief, RCRA
Programs Branch, Waste Management Division, U.S. Environmental
Protection Agency, The Sam Nunn Atlanta Federal Center, 61 Forsyth
Street, SW, Atlanta, Georgia 30303-3104; (404) 562-8440. Copies of the
Tennessee program revision application and the materials which EPA used
in evaluating the revision are available for inspection and copying
from 8:00 a.m. to 4:30 p.m. at the following addresses: Tennessee
Department of Environment and Conservation, Division of Solid Waste
Management, 5th Floor, L & C Tower, 401 Church Street, Nashville,
Tennessee 37243-1535; and EPA Region 4, Library, The Sam Nunn Atlanta
Federal Center, 61 Forsyth Street, SW, Atlanta, Georgia 30303-3104;
(404) 562-8190.
FOR FURTHER INFORMATION CONTACT: Narinda Kumar, (404) 562-8440.
SUPPLEMENTARY INFORMATION:
A. Background
States with final authorization under section 3006(b) of the 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. As the Federal
hazardous waste program changes, the States must revise their programs
and apply for authorization of the revisions. Revisions to State
hazardous waste programs may be necessary when Federal or State
statutory or regulatory authority is modified or when certain other
changes occur. Most commonly, States must revise their programs because
of changes to EPA's regulations in 40 Code of Federal Regulations (CFR)
parts 124, 260 through 266, 268, 270, 273 and 279.
B. Tennessee
Tennessee initially received Final Authorization on January 22,
1985, effective February 5, 1985 (50 FR 2820) to implement its base
hazardous waste management program. Tennessee received authorization
for revisions to its program on January 30, 1998, effective March 31,
1998 (63 FR 4587), on May 23, 1996, effective July 22, 1996 (61 FR
25796), on August 24, 1995, effective October 23, 1995 (60 FR 43979),
on May 8, 1995, effective July 7, 1995 (60 FR 22524), on June 1, 1992,
effective July 31, 1992 (57 FR 23063), and on June 12, 1987, effective
August 11, 1987 (52 FR 22443).
On May 15, 1998, Tennessee submitted a final complete program
revision application, seeking authorization of its program revision in
accordance with 40 CFR 271.21. The EPA reviewed Tennessee's
application, and now makes an immediate final decision, subject to
receipt of adverse written comment, that Tennessee's hazardous waste
program revision satisfies all of the requirements necessary to qualify
for Final Authorization. Consequently, EPA intends to grant Tennessee
Final Authorization for the program modifications contained in the
revision. Today, Tennessee is seeking authority to administer the
following Federal requirements promulgated between July 1, 1994 and
June 30, 1996:
----------------------------------------------------------------------------------------------------------------
Federal Register date and
Description of Federal requirement page Analogous State authority \1\
----------------------------------------------------------------------------------------------------------------
135--Recovered Oil Exclusion....... 07/28/94, 59 FR 38536...... Tennessee Code Annotated (TCA) 68-212-104(7),
86-212-106(a)(1), and 68-212-107(d)(1),
Tennessee Revised Code (TRC) 1200-1-11-
.02(1)(c)3(ii)(II)II, .02(1)(d)1(xii),
.02(1)(f)1(iii)(III)-(V), .09(8)(a)2(iii).
136--Removal of the Conditional 08/24/94, 59 FR 43496...... Tennessee Code Annotated (TCA) 68-212-04(7),
Exemption for Certain Slag 68-212-106(a)(1), 68-212-107(a), (d)(1), and
Residues. (d)(9), Tennessee Revised Code (TRC) 1200-1-
11-09(3)(a)3, .10(3)(a).
137--Universal Treatment Standards 09/19/94, 59 FR 47982...... Tennessee Code Annotated (TCA) 68-212-
and Treatment Standards for 106(a)(1), 68-212-107(d)(1) and (3).
Organic Toxicity Characteristic
Wastes and Newly Listed Wastes.
[[Page 49999]]
01/03/95, 60 FR 242........ Tennessee Code Annotated (TCA) 68-212-104(7),
68-212-106(a)(1), 68-212-107(d)(1), (d)(6),
and (d)(9) .01(4)(a) intro., .01(4)(a)2,
.01(4)(b)1, .01(5)(a) intro., .01(5)(b)
intro., .01(5)(b)1-2, .02(1)(b)5(i)(III),
.06(1)(b)2(v)-(vi), .09(3)(d)1, .09(8)(a)3(i)
and (iii), .09(8)(a)3(iii)(I),
.09(8)(a)3(iii)(I)I,.09(8)(a)3 (iii)(II),
.09(9) Appendix XIII, .10(1)(a)3(iii)(II)-
(III), .10(1)(a)5(iv)-(v), .10(1)(b)7 and 9,
.10(1)(g)1, .10(1)(g)1(i), .10(1)(g)1(i)(I)-
(VI), .10(1)(g)1(ii), .10(1)(g)1(ii)(I),
.10(1)(g)1(ii)(I)I-IV , .10(1)(g)1(ii)(II),
.10(1)(g)1(iii), .10(1)(g)1(iii)(I)-(V),
.10(1)(g)1(iii)(V)I-II, .10(1)(g)1(iii)(VI)-
(VII), .10(1)(g)1(iv), .10(1)(g)1(iv)(I)-
(III), .10(1)(g)1(v)-(x), .10(1)(g)2(iv)(II).
139--Testing and Monitoring 01/13/95, 60 FR 3089....... Tennessee Code Annotated (TCA) 68-212-104(7),
Activities Amendment I. 68212-106(a)(1), and 68-212-107(d)(1) and
Tennessee Revised Code (TRC) 1200-1-11-
.01(2)(b).
140--Carbamate Production 02/09/95, 60 FR 7824....... Tennessee Code Annotated (TCA) 68-212-104(7),
Identification and Listing of 68-212-106(a)(1), and 68-212-107 (d)(1);
Hazardous Waste. Tennessee Revised Code (TRC) 1200-1-11-
.02(1)(c)1(ii)(IV)V-VII,
.02(1)(c)3(ii)(II)IV, .02(4)(c), .02(4)(d)5-
6, .02(5) Appendix VII-VIII.
141--Testing and Monitoring 04/04/95, 60 FR 17001...... Tennessee Code Annotated (TCA) 68-212-104(7),
Amendment II. 68-212-106(a)(1), and 68-212-107 (d)(1);
Tennessee Revised Code (TRC) 1200-1-11-
.01(2)(b)1.
142A--Universal Waste: General 05/11/95, 60 FR 25492...... Tennessee Code Annotated (TCA) 68-212-104(7)
Provisions. and 18, 68-212-106(a)(1), and 68-212-107 (a)
and (d); Tennessee Revised Code (TRC) 1200-1-
11-.01(2)(a), .02(1)(e)3, .02(1)(e)3(i)-(vi),
.02(1)(e)6(iii), .02(1)(e)6(iii)(I)-(V),
.02(1)(e)6(iii)(V)I-II, .02(1)(e)6(iii)(VI),
.02(1)(e)7(iii), .02(1)(e)7(iii)(I)-(V),
.02(1)(e)7(iii)(I)-(V)I-II, and VI, .02(1)(j)
intro., .03(1)(a)2-7, .03(1)(b)4,
.06(1)(b)2(x)-(xii), .10(1)(a)5(vi),
.07(1)(b)4(ix), .12(1)(a)-(b), .12(1)(e)1,
.12(1)(e)1(i)-(ii), .12(1)(e)2, .12(1)f,
.12(2)(a), .12(2)(b)intro, .12(2)(b)1-2,
.12(2)(c), .12(2)(e) intro, .12(2)(f)1-3,
.12(2)9f)3(i)-(vi), .12(2)(g), .12(2)(h)1-2,
.12(2)(i)1-5, .12(2)(i)5(i)-(ii), .12(2)(i)6,
.12(2)(i)6(i)-(ii), .12(2)(i)7-8, .12(2)(j)-
(k), .12(2)(k)1-3, .12(3)(a), .12(3)(b)1-2,
.12(3)(c)1(i)-(ii), .12(3)(c)2, .12(3)(c)2(i)-
(v), .12(3)(e) intro, .12(3)(f)1-3,
.12(3)(f)3(i)-(vi), .12(3)(g), .12(3)(h)1-2,
.12(3)(i)1-5,.12(3)(i)5(i)-(ii), .12(3)(i)6,
.12(3)(i)6(i)-(ii), .12(3)(i)7-8, .12(3)(j)1,
.12(3)(j)1(i)-(iii), .12(3)(j)2,
.12(3)(j)2(i)-(iii), .12(3)(j)3(i)-(ii),
.12(3)(k)intro, .12(3)(k)1-3, .12(4)(a),
.12(4)(b), .12(4)(b)1-2, .12(4)(b)1-2,
.12(4)(c)1-2, .12(4)(d)1-2, .12(4)(e)1-2,
.12(4)(f)1-2, .12(4)(g)intro, .12(4)(g) 1-2.
.12(5)(a)1-2, .12(5)(b)1-2, .12(5)(b)2(i)-
(ii), .12(5)(b)3-4, .12(5)(c)1, .12(5)(c)1(i)-
(iii), .12(5)(c)2, .12(6)(a) intro,
.12(6)(a)1-3.
142B--Universal Waste Rule: 05/11/95, 60 FR 25492...... Tennessee Code Annotated (TCA) 68-212-104(7)
Specific Provisions for Batteries. and 18, 68-212-106(a)(1), and 68-212-107 (a)
and (d), Tennessee Revised Code (TRC) 1200-1-
11-.01(2)(a), .02(1)(f)1(iii)(II)-(V),
.02(1)(j)1, .06(1)(b)2(x)(I),
.05(1)(b)2(xii)(I), .09(7)(a)1-2,
.10(1)(a)5(vi)(I), .07(1)(b)4(ix)(I),
.12(1)(a)1, .12(1)(b)1(i)-(ii), .12(1)(b)2,
.12(1)(b)2(i)-(iii), .12(1)(b)3(i)-(ii),
.12(1)(f), .12(2)(d)1, .12(2)(d)1(i)-(ii),
.12(2)(d)1(ii)(I)-(VII), .12(2)(d)1(iii),
.12(2)(d)1(iii)(I)-(II).12(2)(e), .12(3)(d)1,
.12(3)(d)1(i)-(ii), .12(3)(d)1(ii)(I)-(VII),
.12(3)(d)1(iii), .12(3)(d)1(iii)(I)-(II),
.12(3)(e)1.
142C--Universal Waste Rule: 05/11/95, 60 FR 25492...... Tennessee Code Annotated (TCA) 68-212-104(7)
Specific Provisions for Pesticides. and 18, 68-212-106(a)(1), and 68-212-107 (a)
and (d); Tennessee Revised Code (TRC) 1200-1-
11-.01(2)(a), .02(1)(j)2,.12(1)(c)1(ii),
.12(1)(c)2, .12(1)(c)2(i)-(iv),
.12(1)(c)3(i), .12(1)(c)3(i)(I)-(II),
.12(1)(c)3(ii), .12(1)(c)4, .12(1)(c)4(i),
.12(1)(c)4(i)(I)-(II), .12(1)(c)4(ii),
.12(1)(f), .12(2)(d)2, .12(2)(d)2(i)-(iv),
.12(2)(e)2, .12(2)(e)2(i)-(ii), .12(2)(e)3,
.12(2)(e)3(i)(I)-(III), .12(2)(e)3(ii),
.12(3)(c)1(i) and (iii), .12(3)(d)2,
.12(3)(d)2(i)-(iv), .12(3)(e)2, .12(3)(e)2(i)-
(ii), .12(3)(e)3, .12(3)(e)3(i)(I)-(III),
.12(3)(e)(3)(ii) .10(1)(a)5(vi)(II),
.07(1)(b)4(ix)(ii), .12(1)(a)1(ii),
.12(1)(c)1, .12(1)(c)1(i), .12(1)(c)1(i)(I)-
(II).
142D--Universal Waste Rule: 05/11/95, 60 FR 25492...... Tennessee Code Annotated (TCA) 68-212-104(7)
Specific Provisions for and 18, 68-212-106(a)(1), and 68-212-107 (a)
Thermostats. and (d); Tennessee Revised Code (TRC) 1200-1-
11-.01(2)(a), .02(1)(j)3, .06(1)(b)2(x)(III),
.05(1)(b)2(xii)(III), .10(1)(a)5(vi)(III),
.07(1)(b)4(ix)(III), .12(1)9a)1(iii),
.12(1)(d)1-2, .12(1)(d)2(i)-(ii),
.12(1)(d)3(i)-(ii), .12(1)(f)/.01(2)(a),
.12(2)(d)3, .12(2)(d)3(i)-(ii),
.12(2)(d)3(ii)(I)-(VIII), .12(2)(d)3(iii)(I),
.12(2)(d)3(iii)(I)I, .12(2)(d)3(iii)(I)(II),
.12(2)(d)3(iii)(II)-(III), .12(2)(e)4,
.12(3)(d)3,.12(3)(d)3(i)-(ii),
.12(3)(d)3(ii)(I)-(VIII), .12(3)(d)3(iii)(I),
.12(3)(d)3(iii)(I)I-II, .12(3)(d)3(iii)(II)-
(III), .12(3)(e)4.
[[Page 50000]]
142E--Universal Waste Rule: 05/11/95, 60 FR 25492...... Tennessee Code Annotated (TCA) 68-212-104(7)
Petition Provisions to Add a New and 18, 68-212-106(a)(1), and 68-212-107 (a)
Universal Waste. and (d); Tennessee Revised Code (TRC) 1200-1-
11-.01(3)(a)1, .01(3)(d)1-4, .12(7)(a)1-3,
.12(7)(b)1-8.
144--Removal of Legally Obsolete 06/29/95, 60 FR 33912...... Tennessee Code Annotated (TCA) 68-212-104(2),
Rules. (7), and (11), 68-212-107(a) and (d)(3), and
68-212-108(a)(1); Tennessee Revised Code
(TRC) 1200-1-11-.2(4)(b), .09(8)(d)3(v),
.09(8)(e)6-8, .07(2)(b)5, .07(2)(c)2,
.07(2)(d)1, .07(2)(d)1(i)-(ii).
145--Liquids in Landfills III...... 07/11/95, 60 FR 35703...... Tennessee Revised Code (TRC) 1200-1-11-
.06(14)(o)5(ii)(II)and (III),
.05(14)(o)6(ii)(II) and (III).
148--RCRA Expanded Public 12/11/95, 60 FR 63417...... Tennessee Code Annotated (TCA) 68-212-
Participation. 106(a)(2), 68-212-107(d)(4) and (6), 68-212-
108(a)(1) and (e); TRC 1200-1-11-
.07(2)(c)3(i)(I)-(IV),.07(2)(c)3(i)(IV)I,
.07(2)(c)3(i)(IV)I(A)-(D),.07(2)(c)3(i)(IV)II
, .07(2)(c)3(i)(IV)II.A-E,.07(7)(e)4(iv)(I)-
(II), .07(5)(a)1(xxii), .07(8)(a)13,
.07(1)(d)2(v)-(vi), .07(1)(e)2(vi)(I)-(II),
.07(1)(e)2(vi)(II)(I)-(IV), .07(1)(e)2(vii)-
(xi), .07(1)(e)4, .07(1)(j)4(iii).
.07(1)(j)4(iii)(I)-(II), .07(1)(j)4(iii)(II)I-
IV, .07(1)(j)4(iv)-(vi), .07(1)(j)7.
150--Amendments to the Definition 03/26/96, 61 FR 13103...... Tennessee Revised Code 1200-1-11 -
of Solid Waste; Amendment II. .02(1)(d)1(xii).
151--Land Disposal Restrictions 04/08/96; 04/30/96; 06/28/ TCA 68-212-104(7) and (16), 68-212-106(a)(1)
Phase III--Decharacterized 96; 07/10/96; 08/26/96; 02/ and (2), 68-212-107(a) and (d)(1), (3), and
Wastewaters, Carbamate Wastes, and 19/97, 61 FR 15566. (9); Tennessee Revised Code (TRC) 1200-1-11-
Spent Potliners. .10(1)(a)(3)(iii), .10(1)(a)(3)(iii)(I) -
(II), .10(1)(a)3(iv), .10(1)(a)3(iv)(I)-(VI),
.10(1)(a)5(iii)-(iv), .10(1)(b)6, .10(1)(b)9-
12, .10(1)(c)1-3, .10(1)(c)3(i)-(vi),
.10(1)(g)1, .10(1)(g)1(i)(II)-(V),
.10(1)(g)1(ii)(I)II, .10(1)(g)1(iii)(II),
.10(1)(g)2(iv)(II), .10(1)(g)2(v)(IV)-(V),
.10(1)(h), .10(1)(i)1, .10(1)(i)4,
.10(1)(i)4(i)(I)-(II), .10(1)(i)4(iii)(I)-
(IV), .10(2)(j)1-6, .10(2)(j)6(i)-(iv),
.10(2)(j)7, .10(3)(a)1, 5 and (7), .10(3)(a)/
Table, .10)(c)/Table 1, .10(3)(i)1 Table UTS,
.10(5) App. XI .10(1)(c)3(i)-(vi),
.10(1)(g)1, .10(1)(g)1(i)(II)-(V),
.10(1)(g)1(ii)(I)II, .10(1)(g)1(iii)(II),
.10(1)(g)2(iv)(II), .10(1)(g)2(v)(IV)-(V),
.10(1)(h), .10(1)(i)1, .10(1)(i)4.
152--Imports and Exports of 04/12/96, 61 FR 16290...... Tennessee Revised Code (TRC) 1200-1-11-
Hazardous Waste: Implementation of .03(1)(a)5-8, .03(6)(d)2, .03(6)(g)2,
OECD Council Decision. .04(3)(a)1, .06(2)(c)1(i), .05(2)(c)1(i),
.09(6)(a)2(ii), .12(2)(k), .12(3)(k),
.12(4)(g), .12(6)(a).
----------------------------------------------------------------------------------------------------------------
\1\ The Tennessee provisions are from the Tennessee Hazardous Waste Management Regulations adopted December 6,
1994, August 6, 1996, June 3, 1997, and February 3, 1998.
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.
The State of Tennessee's Hazardous Waste Management Program is not
being authorized to operate in Indian Country.
EPA is publishing this rule without prior proposal because we view
this as a noncontroversial program revision and do not anticipate
adverse comment . However, in the Proposed Rules' section of today's
Federal Register, we are publishing a separate document that will serve
as the proposal to authorize the revision if we receive adverse
comments. This authorization will become effective without further
notice on November 15, 1999, unless EPA receives adverse comment by
October 15, 1999. Should EPA receive such comments it will publish a
timely withdrawal informing the public that the rule will not take
effect. We will address all public comments in a subsequent final
action based on the proposed rule. EPA may not provide additional
opportunity for comment. Any parties interested in commenting must do
so at this time.
The public may submit written comments on EPA's immediate final
decision until October 15, 1999. Copies of Tennessee's application for
program revision are available for inspection and copying at the
locations indicated in the ADDRESSES section of this document. The
ADDRESSES section also indicates where to send written comments on this
action.
C. Decision
I conclude that Tennessee's application for program revision
authorization meets all of the statutory and regulatory requirements
established by RCRA. Accordingly, EPA grants Tennessee Final
Authorization to operate its hazardous waste program as revised.
Tennessee now has responsibility for permitting treatment, storage, and
disposal facilities within its borders (except in Indian country) and
for carrying out the aspects of the RCRA program described in its
revised program application, subject to the limitations of the HSWA.
Tennessee 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
The EPA uses 40 CFR part 272 for codification of the decision to
authorize Tennessee's program and for incorporation by reference of
those provisions of its statutes and regulations that EPA will enforce
under sections 3008, 3013 and 7003 of RCRA. EPA reserves amendment of
40 CFR part 272, subpart RR until a later date.
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
[[Page 50001]]
sector. Under section 202 of the UMRA, 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 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 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 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 EPA regulatory proposals with significant
Federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements. EPA has determined that sections 202 and 205 requirements
do not apply to today's action because this rule does not contain a
Federal mandate that may result in annual expenditures of $100 million
or more for State, local, and/or tribal governments in the aggregate,
or the private sector. Costs to State, local and/or tribal governments
already exist under the Tennessee program, and today's action does not
impose any additional obligations on regulated entities. In fact, EPA's
approval of State programs generally may reduce, not increase,
compliance costs for the private sector. Further, as it applies to the
State, this action does not impose a Federal intergovernmental mandate
because UMRA does not include duties arising from participation in a
voluntary federal program.
The requirements of section 203 of UMRA also do not apply to
today's action because this rule contains no regulatory requirements
that might significantly or uniquely affect small governments. Although
small governments may be hazardous waste generators, transporters, or
own and/or operate TSDFs, they are already subject to the regulatory
requirements under the existing State laws that are being authorized by
EPA, and, thus, are not subject to any additional significant or unique
requirements by virtue of this program approval.
Certification Under the Regulatory Flexibility Act
Pursuant to the Regulatory Flexibility Act (5 U.S.C. 601 et seq.,
as amended by the Small Business Regulatory Enforcement Fairness Act of
1996), whenever an agency is required to publish a notice of rulemaking
for any proposed or final rule, it must prepare and make available for
public comment a regulatory flexibility analysis that describes the
effect of the rule on small entities (i.e., small businesses, small
organizations, and small governmental jurisdictions). This analysis is
unnecessary, however, if the agency's administrator certifies that the
rule will not have a significant economic impact on a substantial
number of small entities.
The EPA has determined that this authorization will not have a
significant economic impact on a substantial number of small entities.
Such small entities which are hazardous waste generators, transporters,
or which own and/or operate TSDFs are already subject to the regulatory
requirements under the existing State laws that are now being
authorized by EPA. The EPA's authorization does not impose any
significant additional burdens on these small entities. This is because
EPA's authorization would simply result in an administrative change,
rather than a change in the substantive requirements imposed on these
small entities.
Pursuant to the provision at 5 U.S.C. 605(b), the Agency hereby
certifies that this authorization will not have a significant economic
impact on a substantial number of small entities. This authorization
approves regulatory requirements under existing State law to which
small entities are already subject. 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 Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit 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 United States prior
to publication of the rule in today's Federal Register. This rule is
not a ``major rule'' as defined by 5 U.S.C. 804(2).
Compliance With Executive Order 12866
The Office of Management and Budget has exempted this rule from the
requirements of Executive Order 12866.
Compliance With Executive Order 12875
Under Executive Order 12875, EPA may not issue a regulation that is
not required by statute and that creates a mandate upon a State, local
or tribal government, unless the Federal government provides the funds
necessary to pay the direct compliance costs incurred by those
governments, or EPA consults with those governments. If EPA complies
with consulting, Executive Order 12875 requires EPA to provide to the
Office of Management and Budget a description of the extent of EPA's
prior consultation with representatives of affected State, local and
tribal governments, the nature of their concerns, copies of any written
communications from the governments, and a statement supporting the
need to issue the regulation. In addition, Executive Order 12875
requires EPA to develop an effective process permitting elected
officials and other representatives of State, local and tribal
governments ``to provide meaningful and timely input in the development
of regulatory proposals containing significant unfunded mandates.''
This rule does not create a mandate on State, local or tribal
governments. The rule does not impose any enforceable duties on these
entities. The State administers its hazardous waste program
voluntarily, and any duties on other State, local or tribal
governmental entities arise from that program, not from this action.
Accordingly, the requirements of Executive Order 12875 do not apply to
this rule.
Compliance With Executive Order 13045
Executive Order 13045, ``Protection of Children from Environmental
Health Risks and Safety Risks,'' applies to any rule that: (1) the
Office of Management
[[Page 50002]]
and Budget determines is ``economically significant'' as defined under
Executive Order 12866, and (2) concerns an environmental health or
safety risk that EPA has reason to believe may have a disproportionate
effect on children. If the regulatory action meets both criteria, the
Agency must evaluate the environmental health or safety effects of the
planned rule on children and explain why the planned regulation is
preferable to other potentially effective and reasonably feasible
alternatives considered by the Agency.
This rule is not subject to E.O. 13045 because it is not an
economically significant rule as defined by E.O. 12866, and because it
does not involve decisions based on environmental health or safety
risks.
Compliance With Executive Order 13084
Under Executive Order 13084, EPA may not issue a regulation that is
not required by statute, that significantly or uniquely affects the
communities of Indian tribal governments, and that imposes substantial
direct compliance costs on those communities, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by the tribal governments, or EPA consults with those
governments. If EPA complies with consulting, Executive Order 13084
requires EPA to provide to the Office of Management and Budget, in a
separately identified section of the preamble to the rule, a
description of the extent of EPA's prior consultation with
representatives of affected tribal governments, a summary of the nature
of their concerns, and a statement supporting the need to issue the
regulation. In addition, Executive Order 13084 requires EPA to develop
an effective process permitting elected officials and other
representatives of Indian tribal governments ``to provide meaningful
and timely input in the development of regulatory policies on matters
that significantly or uniquely affect their communities.''
This rule is not subject to E.O. 13084 because it does not
significantly or uniquely affect the communities of Indian tribal
governments. Tennessee is not authorized to implement the RCRA
hazardous waste program in Indian country. This action has no effect on
the hazardous waste program that EPA implements in Indian country
within the State.
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.
National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, section 12(d) (15 U.S.C.
272 note) directs EPA to use voluntary consensus standards in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by voluntary consensus standards bodies. The NTTAA directs EPA
to provide Congress, through OMB, explanations when the Agency decides
not to use available and applicable voluntary consensus standards.
This action does not involve technical standards. Therefore, EPA
did not consider the use of any voluntary consensus standards.
List of Subjects in 40 CFR Part 271
Environmental Protection, Administrative practice and procedure,
Confidential business information, Hazardous waste, Hazardous waste
transportation, Indian lands, Intergovernmental relations, Penalties,
Reporting and recordkeeping requirements, Water pollution control,
Water supply.
Authority: This action 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).
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 99-23912 Filed 9-14-99; 8:45 am]
BILLING CODE 6560-50-P
