[Federal Register Volume 59, Number 12 (Wednesday, January 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1246]


[[Page Unknown]]

[Federal Register: January 19, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271

[FRL-4827-7]

 

Montana; Final Authorization of State Hazardous Waste Management 
Program

AGENCY: Environmental Protection Agency.

ACTION: Immediate final rule.

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SUMMARY: The State of Montana has applied for final authorization of 
revisions to its hazardous waste program under the Resource 
Conservation and Recovery Act (RCRA). The Environmental Protection 
Agency (EPA) has reviewed Montana's application and has made a 
decision, subject to public review and comment, that Montana's 
hazardous waste program revision satisfies all of the requirements 
necessary to qualify for final authorization. Thus, EPA intends to 
approve Montana's hazardous waste program revisions. Montana's 
application for program revision is available for public review and 
comment.

DATES: Final authorization for Montana shall be effective March 21, 
1994 unless EPA publishes a prior Federal Register action withdrawing 
this immediate final rule. All comments on Montana's program revision 
application must be received by the close of business February 18, 
1994.

ADDRESSES: Copies of Montana's program revision application are 
available during regular business hours at the following addresses for 
inspection and copying: Solid and Hazardous Waste Bureau, Department of 
Health and Environmental Sciences, 836 Front Street, Helena, Montana 
59601, Phone: 406/444-1430 and USEPA Region VIII, Montana Office, 301 
S. Park, Federal Building, Helena, MT 59626, Phone: 406/449-5414. 
Written comments should be sent to: Rosemary Rowe, U.S. Environmental 
Protection Agency, 301 S. Park, Drawer 10096, Helena, MT 59626, Phone: 
406/449-5414.

FOR FURTHER INFORMATION CONTACT: Rosemary Rowe, Air, Hazardous Waste, 
and Toxics Branch, USEPA, 301 S. Park, Drawer 10096, Helena, MT 59626, 
Phone: 406/449-5414.

SUPPLEMENTARY INFORMATION:

A. Background

    States with final authorization under section 3006(b) of the 
Resource Conservation and Recovery Act (``RCRA'' or the ``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.
    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. Montana

    Montana received partial Phase I Interim authorization in February, 
1981. Complete Phase I authorization was received in February, 1982. 
Final authorization of the base program was received in July, 1984.
    EPA has reviewed Montana's application, and has made an immediate 
final decision that Montana'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 Montana. The public may 
submit written comments on EPA's immediate final decision up until 
February 18, 1994. Copies of Montana's application for program revision 
are available for inspection and copying at the locations indicated in 
the Addresses section of this notice.
    Approval of Montana'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.
    A draft application was submitted on January 7, 1991. The State of 
Montana addressed all of EPA's concerns prior to submittal of the final 
application. Thus, the Montana program is granted immediate final 
authorization for the provisions in the following Table.

Provisions 

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            Federal Register reference                 State authority  
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1. Biennial Report, 48 FR 3977, 1/28/83...........  75-10-405, MCA      
2. Interim Status Standards Applicability, 48 FR    75-10-405, MCA      
 52718, 11/22/83.                                                       
3. Chlorinated Aliphatic Hydrocarbon Listing        75-10-405(a), MCA   
 (F024), 49 FR 4312, 2/10/84.                                           
4. National Uniform Manifest, 49 FR 10500, 3/20/84  75-10-405, MCA      
5. Permit Rules: Settlement Agreement, 49 FR        75-10-405, MCA      
 17718, 4/24/84.                                                        
6. Part 261--Warfarin and Zinc Phosphide, 49 FR     75-10-405(a), MCA   
 19923, 5/10/84.                                                        
7. Lime Stabilized Pickle Sludge, 49 FR 23287, 6/5/ 75-10-405, MCA      
 84.                                                                    
8. Household Waste, 49 FR 44980, 11/13/84.........  75-10-405, MCA      
9. Interim Status Standards Applicability, 40 FR    75-10-405, MCA      
 46095, 11/21/82.                                                       
10. Corrections to Test Methods Manual, 49 FR       75-10-405, MCA      
 47391, 12/2/84.                                                        
11. Satellite Accumulation, 49 FR 49571, 12/20/84.  75-10-405, MCA      
12. Definition of Solid Waste, 50 FR 614, 1/4/85..  75-10-405, MCA      
13. Interim Status Standards for TSDF's, 50 FR      75-10-405, MCA      
 16044, 4/23/85.                                                        
14. Financial Responsibility: Settlement            75-10-405, MCA      
 Agreement, 51 FR 16443, 5/2/86.                                        
15. Listing of Spent Pickle Liquor (K062), 51 FR    75-10-404, MCA, 75- 
 19320, 5/28/86.                                     10-405, MCA        
16. Liability Coverage, 51 FR 25350, 7/11/86......  75-10-405, MCA      
17. Standards for Hazardous Waste Storage and       75-10-405, MCA      
 Treatment Tank Systems, 51 FR 25470, 7/14/86.                          
18. Corrections to Listings of Commercial Chemical  75-10-405, MCA      
 Products and Appendix VIII Constituents, 51 FR                         
 28296, 8/6/86.                                                         
19. Revised Manual SW-846; Amended Incorporation    75-10-405, MCA      
 by Reference, 52 FR 8072, 3/16/87.                                     
20. Closure/Post-Closure for Interim Status         75-10-405, MCA      
 Surface Impoundments, 52 FR 8704, 3/19/87.                             
21. Definition of Solid Waste Technical             75-10-405, MCA      
 Corrections, 52 FR 21306, 6/5/87.                                      
22. Amendments to Part B Information Requirements   75-10-405, MCA      
 for Disposal Facilities, 52 FR 23447, 6/22/87.                         
23. List (Phase 1) of Hazardous Constituents for    75-10-405, MCA, 75- 
 Ground-Water Monitoring, 52 FR 25942, 7/9/87.       10-406, MCA        
24. Identification and Listing of Hazardous Waste,  75-10-405(a), MCA   
 52 FR 26012, 7/10/87.                                                  
25. Liability Requirements for Hazardous Waste      75-10-405, MCA      
 Facilities; Corporate Guarantee, 52 FR 44314, 11/                      
 18/87.                                                                 
26. Hazardous Waste Miscellaneous Units, 52 FR      75-10-405, MCA      
 46946, 12/10/87.                                                       
27. Technical Corrections; Identification and       75-10-405(a), MCA   
 Listing of Hazardous Waste, 53 FR 13382, 4/22/88.                      
28. Generators of 100 to 1000 kg of Hazardous       75-10-404, MCA      
 Waste, 51 FR 10146, 3/24/86.                                           
29. Biennial Report Correction, 51 FR 28556, 8/8/   75-10-405, MCA, 75- 
 86.                                                 10-204, MCA        
30. Identification and Listing of Hazardous         75-10-405, MCA      
 Wastes; Technical Correction, 53 FR 27162, 7/19/                       
 88.                                                                    
31. Availabili ty of Information, Section 3006(f),  75-10-405, MCA, 30- 
 11/8/84.                                            14-401, MCA        
32. Radioactive Mixed Waste, 51 FR 24504, 7/3/86..  75-10-405, MCA      
------------------------------------------------------------------------

    Montana's program revisions include a requirement that 
conditionally exempt small quantity generators keep records of waste 
analyses for three years (ARM 16.44.402(2)(d)). This provision is 
broader in scope than the federal requirement and is not a part of the 
federally authorized program. Requirements more stringent than those of 
the federal program are found in ARM 16.44.402(3) and 16.44.109(19). 
These provisions require annual, rather than biennial, reporting for 
state generators and treatment, storage, and disposal facilities. More 
stringent provisions are a part of the federally authorized program.

C. Decision

    I conclude that Montana's application for program revision meets 
all of the statutory and regulatory requirements established by RCRA. 
Accordingly, Montana is granted final authorization to operate its 
hazardous waste program as revised.
    Because the State of Montana and the Environmental Protection 
Agency may have potential disagreement as to the scope of the State's 
jurisdiction over certain lands within ``Indian Country'', as defined 
in 18 U.S.C. 1151, Montana has not requested authorization of its 
hazardous waste program, as revised, within ``Indian Country'' in 
Montana. Accordingly, today's decision to grant Montana final hazardous 
waste authorization, as revised, does not extend to ``Indian Country''. 
The Environmental Protection Agency retains all hazardous waste 
authority under RCRA which applies to ``Indian Country'' in Montana.
    Montana 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 limitation of its revised 
program application and previously approved authorities. Montana also 
has primary enforcement responsibilities, although EPA retains the 
right to conduct inspections under section 3007 of RCRA and to issue 
orders under sections 3008, 3013, and 7003 of RCRA.
    Montana has submitted draft applications for the hazardous waste 
program provisions in clusters non-HSWA V and VI, HSWA I and II, and 
RCRA I and II.

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 
Montana'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 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: December 30, 1993.
Jack W. McGraw,
Acting Regional Administrator.
[FR Doc. 94-1246 Filed 1-18-94; 8:45 am]
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