[Federal Register Volume 59, Number 53 (Friday, March 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6457]


[[Page Unknown]]

[Federal Register: March 18, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271

[FRL-4848-7]

 

Mississippi; Final Authorization of Revisions to State Hazardous 
Waste Management Program

AGENCY: Environmental Protection Agency.

ACTION: Immediate final rule.

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SUMMARY: Mississippi has applied for final authorization of revisions 
to its hazardous waste program under the Resource Conservation and 
Recovery Act (RCRA). Mississippi's revisions consist of the provisions 
contained in HSWA Cluster I except checklist 17L Corrective Action and 
checklist 17P Interim Status. These requirements are listed in section 
B of this notice. The Environmental Protection Agency (EPA) has 
reviewed Mississippi's application and has made a decision, subject to 
public review and comment, that Mississippi's hazardous waste program 
revisions satisfy all of the requirements necessary to qualify for 
final authorization. Thus, EPA intends to approve Mississippi's 
hazardous waste program revisions. Mississippi's application for 
program revisions is available for public review and comment.

DATES: Final authorization for Mississippi's program revisions shall be 
effective May 17, 1994 unless EPA publishes a prior Federal Register 
action withdrawing this immediate final rule. All comments on 
Mississippi's program revision application must be received by the 
close of business, April 18, 1994.

ADDRESSES: Copies of Mississippi's program revision application are 
available during 8 a.m. to 4:30 p.m. at the following addresses for 
inspection and copying: Mississippi Department of Environmental 
Quality, 2380 Highway 80 West, P.O. Box 10385, Jackson, Mississippi 
39209, (601) 961-5062; U.S. EPA, Region IV, Library, 345 Courtland 
Street NE., Atlanta, Georgia 30365; (404) 347-4216. Written comments 
should be sent to Al Hanke at the address listed below.

FOR FURTHER INFORMATION CONTACT: Al Hanke, Chief, State Programs 
Section, Waste Programs Branch, Waste Management Division, U.S. 
Environmental Protection Agency, 345 Courtland Street, NE., Atlanta, 
Georgia 30365; (404) 347-2234.

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. 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 addition, as an interim measure, the Hazardous and Solid Waste 
Amendments of 1984 (Pub. L. 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 268 and 270.

B. Mississippi

    Mississippi initially received final authorization for its base 
RCRA program effective on June 27, 1984. Mississippi received 
authorization for revisions to its program on October 17, 1988, October 
9, 1990, May 28, 1991, August 27, 1991, July 10, 1992, June 7, 1993, 
and December 20, 1993.
    On October 26, 1989, and November 25, 1992, Mississippi submitted a 
program revision application for additional program approvals. Today, 
Mississippi is seeking approval of its program revisions in accordance 
with 40 CFR 271.21(b)(3).
    EPA has reviewed Mississippi's application and has made an 
immediate final decision that Mississippi'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 Mississippi. 
The public may submit written comments on EPA's immediate final 
decision up until April 18, 1994.
    Copies of Mississippi's application for these program revisions are 
available for inspection and copying at the locations indicated in the 
``Addresses'' section of this notice. Approval of Mississippi's program 
revisions shall become effective May 17, 1994, unless an adverse 
comment pertaining to the State's revisions 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.
    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.
    Mississippi is today seeking authority to administer the following 
Federal requirements promulgated on November 8, 1984-June 30, 1987, for 
HSWA I. 

------------------------------------------------------------------------
                                                                 FR     
           Federal requirement              FR reference    promulgation
                                                                date    
------------------------------------------------------------------------
Checklist 14:                                                           
    Dioxin waste listing and management   50 FR 1978            11/14/85
     standards.                                                         
Checklist 16:                                                           
    Paint filter test...................  50 FR 18370            4/30/85
HSWA codification rule:                                                 
    Checklist 17A Small quantity          50 FR 28702            7/15/85
     generators.                                                        
    Checklist 17B Delisting                                             
    Checklist 17C Household waste                                       
    Checklist 17D Waste minimization                                    
    Checklist 17E Location standards for                                
     salt domes, salt beds; underground                                 
     mines and caves                                                    
    Checklist 17F Liquids in landfills                                  
    Checklist 17G Dust supression                                       
    Checklist 17H Double liners                                         
    Checklist 17I Groundwater monitoring                                
    Checklist 17J Cement kilns                                          
    Checklist 17K Fuel labeling                                         
    Checklist 17M Pre-construction ban                                  
    Checklist 17N Permit life                                           
    Checklist 17O Imnibus provision                                     
    Checklist 17Q Research and                                          
     development permits                                                
    Checklist 17R Hazardous waste                                       
     exports                                                            
    Checklist 17S Exposure information                                  
Checklist 18:                                                           
    Listing of TDI, DNT, and TDA wastes.  50 FR 42936           10/23/85
Checklist 19:                                                           
    Burning of waste fuel and used oil    50 FR 49164           11/29/85
     fuel in boilers and industrial       51 FR 41900           11/19/86
     furnaces.                            52 FR 11819            4/13/87
Checklist 20:                                                           
    Listing of spent solvents...........  50 FR 53315           12/31/85
Checklist 21:                                                           
    Listing of EDB wastes...............  51 FR 5330             2/13/86
Checklist 22:                                                           
    Listing of four spent solvents......  51 FR 6541             2/25/86
Checklist 23:                                                           
    Generators of 100 to 1000 kg          51 FR 10174            3/24/86
     hazardous waste.                                                   
Checklist 25:                                                           
    Codification rule, technical          51 FR 19176            5/28/86
     correction.                                                        
Checklists 30:                                                          
    Biennial report correction            51 FR 28556             8/2/86
     production wastes.                                                 
Checklist 31:                                                           
    Exports of hazardous waste..........  51 FR 28664             8/8/86
Checklist 32:                                                           
    Standards for generators--waste       51 FR 55190            10/1/86
     minimization certifications.                                       
Checklist 33:                                                           
    Listing of EDBC.....................  51 FR 37725           10/24/86
Checklist 34:                                                           
    Land disposal restrictions..........  51 FR 40572            11/7/86
------------------------------------------------------------------------

    Mississippi's application for these program revisions meet all of 
the statutory and regulatory requirements established by RCRA. 
Accordingly, Mississippi is granted final authorization to operate its 
hazardous waste program as revised.
    Mississippi 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 limitations of its 
program revision application and previously approved authorities. 
Mississippi 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 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 
Mississippi'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

    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: March 2, 1994.
John H. Hankinson, Jr.,
Regional Administrator.
[FR Doc. 94-6457 Filed 3-17-94; 8:45 am]
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