[Federal Register Volume 59, Number 36 (Wednesday, February 23, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4055]


[[Page Unknown]]

[Federal Register: February 23, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271

[FRL-4840-2]

 

Missouri; Interim Authorization of State Hazardous Waste 
Management Program; Revisions

AGENCY: Environmental Protection Agency.

ACTION: Immediate final rule.

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SUMMARY: Missouri has applied for interim authorization of revisions to 
its hazardous waste program under the Resource Conservation and 
Recovery Act (RCRA). The Environmental Protection Agency (EPA) has 
reviewed Missouri's application and has made a decision, subject to 
public review and comment, that Missouri's hazardous waste program 
revision satisfies all of the requirements necessary to qualify for 
interim authorization. Thus, EPA intends to approve Missouri's 
hazardous waste program revisions. Missouri's application for program 
revision is available for public review and comment.
DATES: Interim authorization for Missouri shall be effective April 25, 
1994, unless EPA publishes a prior Federal Register action withdrawing 
this immediate final rule. All comments on Missouri's program revision 
application must be received by the close of business March 25, 1994.

ADDRESSES: Written comments should be sent to Gary Bertram, USEPA 
Region VII, RCRA Branch, 726 Minnesota Avenue, Kansas City, Kansas 
66101. Copies of Missouri's program revision application are available 
for inspection and copying during normal business hours at the 
following addresses: Hazardous Waste Program, Missouri Department of 
Natural Resources, Jefferson Building, 205 Jefferson Street, Jefferson 
City, Missouri 65102, Phone: 314-751-3176; USEPA Region VII Library, 
726 Minnesota Avenue, Kansas City, Kansas 66101, Phone: 913-551-7241.

FOR FURTHER INFORMATION CONTACT: Gary Bertram, USEPA Region VII, RCRA 
Branch, 726 Minnesota Avenue, Kansas City, Kansas 66101; 913-551-7533.

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 HSWA requirements under section 3006(g) of 
RCRA, 42 U.S.C. 6926(g), and later apply for final authorization for 
the 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 and 270.

B. Missouri

    On November 20, 1985, EPA published a Federal Register notice 
announcing its decision to grant final authorization for the RCRA base 
program to the State of Missouri (50 FR 47740). Authorization revisions 
to the Missouri hazardous waste program were published on February 27, 
1989 (54 FR 8190) and January 11, 1993 (58 FR 3497). Today, Missouri is 
seeking interim authorization of its program revision in accordance 
with 40 CFR 271.24.
    EPA has reviewed Missouri's application, and has made an immediate 
final decision that Missouri's hazardous waste program revision 
satisfies all of the requirements necessary to qualify for interim 
authorization. Consequently, EPA intends to grant interim authorization 
for the additional program modifications to Missouri. The public may 
submit written comments on EPA's immediate final decision up until 
March 25, 1994. Copies of Missouri's application for program revision 
are available for inspection and copying at the locations identified in 
the ``Addresses'' section of this action.
    Approval of Missouri's program revision shall become effective 
April 25, 1994, 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.
    The State has adopted and applied for interim authorization for the 
corrective action portion of the HSWA Codification Rule (July 15, 1985, 
50 FR 28702). For a full discussion of the HSWA Codification Rule, the 
reader is referred to the Federal Register cited above.
    The State will assume lead responsibility for issuing permits for 
those program areas authorized today. For those permits which will now 
change to State lead from EPA, EPA will transfer copies of any 
pertinent file information to the State. EPA will be responsible for 
enforcing the terms and conditions of federally issued permits while 
they remain in force. When the State reissues federally issued permits 
as State permits, EPA will rely on the State to enforce them.

C. Decision

    I conclude that Missouri's application for program revision meets 
all of the statutory and regulatory requirements established by RCRA. 
Accordingly, Missouri is granted interim authorization to operate its 
hazardous waste program as revised. Missouri now has responsibility for 
permitting treatment, storage, and disposal facilities within its 
borders and carrying out the aspects of the RCRA program described in 
its revised program application, subject to the limitations of the 
HSWA. Missouri 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.

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 
Missouri'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.
    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).

    Dated: January 25, 1994.
William Rice,
Acting Regional Administrator.
[FR Doc. 94-4055 Filed 2-22-94; 8:45 am]
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