[Federal Register Volume 59, Number 13 (Thursday, January 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1399]


[[Page Unknown]]

[Federal Register: January 20, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271

[FRL-4828-1]

 

Minnesota: Final Authorization of State Hazardous Waste 
Management Program Revisions

AGENCY: Environmental Protection Agency.

ACTION: Immediate final rule.

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SUMMARY: Minnesota has applied for final authorization of revisions to 
its hazardous waste program under the Resource Conservation and 
Recovery Act (RCRA) of 1976 as amended. The Environmental Protection 
Agency (EPA) has reviewed Minnesota'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 Minnesota 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 Minnesota's program revisions 
shall be effective March 21, 1994, unless EPA publishes a prior Federal 
Register (FR) action withdrawing this immediate final rule. All 
comments on Minnesota's final authorization must be received by 4:30 
p.m. central time on February 22, 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 Minnesota's final authorization application are 
available for inspection and copying from 9 a.m. to 4 p.m. at the 
following addresses: Ms. Carol Nankivel, Supervisor, Rules Unit, 
Minnesota Pollution Control Agency, 520 Lafayette Road, St. Paul, 
Minnesota 55155, Phone 612/297-8369; Ms. Christine Klemme, USEPA, 
Region V, Office of RCRA, 77 W. Jackson, 7th Floor, Chicago, Illinois 
60604, Phone (312) 886-3715. Written comments should be sent to Ms. 
Christine Klemme, USEPA, Region V, Program Management Branch, Office of 
RCRA, 77 W. Jackson, HRM-7J, Chicago, Illinois 60604, Phone (312) 886-
3715.

FOR FURTHER INFORMATION CONTACT: Christine Klemme, Minnesota Regulatory 
Specialist, U.S. Environmental Protection Agency, Region V, Office of 
RCRA, Program Management Branch, Regulatory Development Section, HRM-
7J, 77 W. Jackson, Chicago, Illinois 60604, (312) 886-3715.

SUPPLEMENTARY INFORMATION

A. Background

    States with final authorization under section 3006(b) of 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.
    In accordance with 40 CFR 271.21(a), 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 necessary because of changes 
to EPA's regulations in 40 CFR parts 124, 260-268, and 270.

B. Minnesota

    Minnesota initially received final authorization for its base RCRA 
program effective on February 11, 1985 (see 50 FR 3756, January 28, 
1985). Effective on September 18, 1987; June 23, 1989; August 14, 1990; 
August 23, 1991; May 18, 1992, and May 17, 1993 (see 52 FR 27199, July 
20, 1987; 54 FR 16361, April 24, 1989; 55 FR 24232, June 15, 1990; 56 
FR 28709, June 24, 1991; 57 FR 9501, March 19, 1992, and 58 FR 14321, 
March 17, 1993, respectively), Minnesota received authorization for 
additional program revisions.
    The Minnesota Pollution Control Agency completed a revision 
application on November 18, 1993. EPA reviewed this application and 
made an immediate final decision that Minnesota's hazardous waste 
program revision satisfies all the requirements necessary to qualify 
for final authorization. Consequently, EPA intends to grant Minnesota 
final authorization for this additional program revision.
    On March 21, 1994, (unless EPA publishes a prior FR action 
withdrawing this immediate final rule), Minnesota 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      
------------------------------------------------------------------------
Delay of Closure Period for        MN 7045.0458(1) & (2); 7045.0478(2); 
 Hazardous Waste Management         7045.0486(5)(B); 7045.0488(1),(2), &
 Facilities, August 14, 1989 (54    (2a); 7045.0502(1); 7045.0564(1) &  
 FR 33376).                         (2); 7045.0594(3); 7045.0596(1),    
                                    (2), and (2a); 7045.0610(1);        
                                    effective 11/25/91.                 
Changes to Part 124 Not Accounted  MN 7001.0020; 7001.0030; 7001.0050;  
 for by Present Checklists,         7001.0060; 7001.0100(2 & 5);        
 January 4, 1989 (54 FR 246).       7001.0130(2); 7001.0150(2);         
                                    7001.0190; 7001.0200; 7001.0520(7); 
                                    7001.0650(5); 7001.0670(3);         
                                    7001.0720; effective 11/25/91.      
*Listing of 1,1-Dimethylhydrazine  MN 7045.0065; 7045.0135(3);          
 Production Wastes, May 2, 1990     7045.0139; effective 4/27/92.       
 (55 FR 18496).                                                         
*Toxicity Characteristics--        MN 7045.0120(K&Q); 7045.0131(7&8);   
 Correction 1, June 29, 1990 (55    7045.0135; 7045.0634(3a); effective 
 FR 26986).                         1/9/91.                             
*Organic Air Emission Standards    MN 7001.0560; 7001.0625; 7001.0626;  
 for Process Vents and Equipment    7045.0065; 7045.0125(9); 7045.0547; 
 Leaks, June 21, 1990 (55 FR        7045.0452(5); 7045.0458(2);         
 25454).                            7045.0478(3); 7045.0482(4);         
                                    7045.0548; 7045.0564(2);            
                                    7045.0556(5); 7045.0584(3);         
                                    7045.0588(4); 7045.0647; 7045.0648; 
                                    effective 4/27/92.                  
*Toxicity Characteristics:         MN 7045.0120; effective 8/17/92.     
 Refrigerants, February 13, 1991                                        
 (56 FR 5910).                                                          
Removal of Strontium Sulfide from  MN 7045.0135(4)(E); 7045.0141(18);   
 List of Hazardous Wastes:          effective 10/23/90.                 
 Amendment, February 25, 1991 (56                                       
 FR 7657).                                                              
Mining Waste Exclusion III, June   MN 7045.0120; effective 11/18/88.    
 13, 1991, (56 FR 27300).                                               
------------------------------------------------------------------------
*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 will suspend issuance of any further permits under the provisions 
for which the State is being authorized on the effective date of this 
authorization. EPA has previously suspended issuance of permits for the 
other provisions on February 11, 1985, September 18, 1987, June 23, 
1989, August 14, 1990, August 23, 1991, May 18, 1992, and May 17, 1993, 
the effective dates of Minnesota's final authorization for the RCRA 
base program, and for subsequent program revisions.
    Minnesota 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 Minnesota's program revision application meets all 
the statutory and regulatory requirements established by RCRA and its 
amendments. Accordingly, EPA grants Minnesota final authorization to 
operate its hazardous waste program as revised. Minnesota 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. Minnesota 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.

E. Incorporation by Reference

    EPA incorporates by reference authorized State programs in 40 CFR 
part 272 to provide notice to the public of the scope of the authorized 
program in each State. Incorporation by reference of the Minnesota 
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 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 
Minnesota'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.

Lists 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 and 6974(b)).

    Dated: December 23, 1993.
Valdas V. Adamkus,
Regional Administrator.
[FR Doc. 94-1399 Filed 1-19-94; 8:45 am]
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