[Federal Register Volume 59, Number 67 (Thursday, April 7, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-8353]
[[Page Unknown]]
[Federal Register: April 7, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-4860-1]
Colorado; Final Authorization of State Hazardous Waste Management
Program Revisions
AGENCY: Environmental Protection Agency.
ACTION: Immediate final rule.
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SUMMARY: The State of Colorado 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 Colorado's application and has made a
decision, subject to public review and comment, that Colorado's
hazardous waste program revision satisfies all of the requirements
necessary to qualify for final authorization. Thus, EPA intends to
approve Colorado's hazardous waste program revisions. Colorado's
application for program revision is available for public review and
comment.
DATES: Final authorization for Colorado shall be effective on June 6,
1994 unless EPA publishes a prior Federal Register action withdrawing
this immediate final rule. All comments on Colorado's program revision
application must be received by the close of business by May 9, 1994.
ADDRESSES: Copies of Colorado's program revision application are
available during regular business hours at the following addresses for
inspection and copying: Colorado Department of Health, Hazardous
Materials and Waste Management Division, 4300 Cherry Creek Drive South,
Denver, Colorado 80222-1530, phone number: 303/692-3300; and USEPA
Region VIII, 999 18th Street, Suite 500, Denver, Colorado 80202-2466,
phone number: 303/293-1444. Written comments should be sent to Ayn
Schmit (8HWM-WM), USEPA Region VIII, 999 18th Street, suite 500,
Denver, Colorado 80202-2466.
FOR FURTHER INFORMATION CONTACT: Ayn Schmit, Waste Management Branch,
USEPA Region VIII, 999 18th Street, Suite 500, Denver, Colorado 80202-
2466, phone number: 303/293-1845.
SUPPLEMENTARY INFORMATION:
A. Background
States with final authorization under section 3006(b) of RCRA, 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-
266, 268, 124 and 270.
B. Colorado
Colorado initially received final authorization on November 2,
1984. Colorado received authorization for revisions to its program on
November 7, 1986, on July 14, 1989, and on July 9, 1991. On February
28, 1991, Colorado submitted a draft program revision application for
additional revisions, and on October 1, 1993, Colorado submitted a
final program revision application. Today, Colorado is seeking approval
of these program revisions in accordance with 40 CFR 271.21(b)(3).
EPA has reviewed Colorado's draft and final applications, and has
made an immediate final decision that Colorado'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 Colorado. The
public may submit written comments on EPA's immediate final decision up
until May 9, 1994. Copies of Colorado's application for program
revision are available for inspection and copying at the locations
indicated in the Addresses section of this notice.
Approval of Colorado'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.
In February 1991 Colorado submitted a draft application for EPA
review. EPA provided comments on the draft application to the State in
May 1992 and additional comments in May 1993. EPA's comments on the
draft application were fully addressed in the final application
submitted in October 1993. However, EPA has identified minor
differences in the following provisions of the State regulation as
reflected in the final application: Colorado Code of Regulations
261.4(b)(7); 261.8; 262.11(c); 268.1(c)(2); 268.6; 268.7(b)(7);
268.35(d); 268.40(b); 268.41(a); 268.42(b); 268.44; 268.50(d); and
100.22(c)(4). Colorado has committed to revising each of these
regulatory provisions, and anticipates that these revisions will be
adopted by April 1994. Accordingly, EPA intends to proceed with
authorization rather than continue the dual regulatory scheme that
presently exists. Thus, the Colorado program is granted immediate final
authorization for the provisions set forth in the following table.
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HSWA or FR reference State equivalent1
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1. Land Disposal Restrictions for First Third Scheduled 264.13, 264.73, 265.13, 265.73, 265.74, 267.20, 268.1,
Wastes, 53 FR 31138, 8/17/88 as amended by 54 FR 8264, 268.4, 268.5, 268.6, 268.7, 268.8, 268.30, 268.31,
2/27/89. 268.32, 268.33, 268.40, 268.41, 268.42, 268.43,
268.44, 268.50.
2. Hazardous Waste Management System; Standards for 260.10, 264.114, 264.190, 264.193, 264.196, 265.110,
Hazardous Waste Storage and Treatment Tank Systems, 53 265.114, 265.190, 265.193, 265.196, 265.201.
FR 34079, 9/2/88.
3. Identification and Listing of Hazardous Waste; and 261.4, 261.32, Appendix VII to Part 261.
Designation, Reportable Quantities and Notification,
53 FR 35412, 9/13/88.
4. Statistical Methods for Evaluating Ground Water 264.91, 264.92, 264.97, 264.98, 264.99.
Monitoring Data from Hazardous Waste Facilities, 53 FR
39720, 10/11/88.
5. Standards for Generations of Hazardous Waste: 262.20, Appendix to Part 262.
Manifest Renewal, 53 FR 45089, 11/8/88.
6. Hazardous Waste Miscellaneous Units; Standards 100.41.
Applicable to Owners and Operators, 54 FR 615, 1/9/89.
7. Amendment to Requirements for Hazardous Waste 100.22.
Incinerator Permits, 54 FR 4286, 1/30/89.
8. Land Disposal Restrictions Amendments to First Third 268.43.
Scheduled Wastes, 54 FR 18836, 5/2/89.
9. Land Disposal Restrictions for Second Third 268.34, 268.41, 268.42, 2678.43.
Scheduled Wastes, 54 FR 26594, 6/23/89.
10. Mining Waste Exclusion I, 54 FR 36592, 9/1/89...... 261.3, 261.4.
11. Land Disposal Restrictions; Correction to the First 267.20, 268.1, 268.5, 268.6, 268.7, 268.8, 268.32,
Third Scheduled Wastes, 54 FR 36967, 9/6/89 as amended 268.33, 268.44, 268.50.
by 55 FR 23935, 6/13/90.
12. Mining Waste Exclusion II, 55 FR 2322, 1/23/90..... 260.10, 261.4, 262.23.
13. Toxicity Characteristic Revisions, 55 FR 11798, 3/ 261.4, 261.8, 261.24, 261.30, Appendix II to Part 261,
29/90 as amended by 55 FR 26986, 6/29/90. 264.301, 265.221, 265.273, Appendix I to Part 268.
14. Land Disposal Restrictions for Third Third 261.20, 261.21, 261.22, 261.23, 261.24, 261.31, 261.33,
Scheduled Wastes, 55 FR 22520, 6/1/90. Appendix VII to Part 261, 262.11, 262.34, 264.13,
264.229, 264.256, 264.281, 264.312, 264.316, 265.1,
265.13, 265.229, 265.256, 265.281, 265.312, 265.316,
268.2, 268.3, 268.7, 268.8, 268.9, 268.35, 268.40,
268.41, 268.42, 268.43, Appendices IV through VIII to
Part 268, 100.63.
15. Land Disposal Restrictions for Third Third 261.3, 261.20, 261.31, 262.11, 262.34, 268.2, 268.7,
Scheduled Wastes; Technical Amendments, 56 FR 3864, 1/ 268.9, 268.33, 268.35, 268.40, 268.41, 268.42, 268.43,
31/1991. Appendices IV, V, VII, VIII, and IX to Part 268,
Appendix I to Part 100.
16. Mining Waste Exclusion III, 56 FR 27300, 6/13/91... 261.4.
17. Land Disposal Restrictions Electric Arc Furnace 261.3, 261.4, 268.41, 268.42.
Dust (K061), 56 FR 41164, 8/19/91.
18. Second Correction to the Third Third Land Disposal 264.13, 265.13, 268.3, 268.41, 268.42.
Restrictions, 57 FR 8086, 3/6/92.
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1Unless indicated as otherwise, all references are to Sections of 6 CCR 1007-3.
The program revisions addressed by Colorado's final application
include the first, second, and third third land disposal restrictions,
mining waste exclusions, revisions to the Toxicity Characteristic,
standards for incinerators, tanks and miscellaneous units, and ground
water monitoring. Certain of the land disposal restriction provisions
are not delegable to states. EPA is not authorizing Colorado for these
non-delegable provisions, which include 40 CFR 268.5; 268.6; 268.42(b);
and 268.44. Federal regulations allow exemptions to certain of the land
disposal restrictions for certain wastes that are disposed of in
injection wells. Since Colorado does not allow the disposal of
hazardous waste in injection wells, their program is more stringent
that the federal program for these provisions.
Some of the federal land disposal restrictions imposed time-limited
prohibitions against land disposal of certain wastes. Since Colorado's
date of adoption of these regulatory provisions in many cases was after
the time-limited prohibition expired, the Colorado regulations do not
include these prohibitions or impose a later effective date for the
prohibition than the date set forth in the corresponding federal
regulation. These differing dates do not affect the equivalency of
Colorado's program, since prior violations of these prohibitions
remains enforceable by EPA under federal regulation.
Colorado has not requested hazardous waste program authority on
Indian Country. EPA retains all hazardous waste authority under RCRA
which applies to Indian Country in Colorado.
C. Decision
I conclude that Colorado's application for program revision meets
all of the statutory and regulatory requirements established by RCRA.
Accordingly, Colorado is granted final authorization to operate its
hazardous waste program as revised.
Colorado 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. Colorado 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.
In addition, Colorado has agreed to submit a draft application for
remaining provisions from Non-HSWA Clusters III-VI, HSWA Clusters I and
II, and RCRA Cluster I and partial Cluster II in April 1994. The final
application will be submitted within 60 working days of receipt of
EPA's comments on the draft application.
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
Colorado'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 29, 1994.
Jack McGraw,
Acting Regional Administrator.
[FR Doc. 94-8353 Filed 4-6-94; 8:45 am]
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