[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.

----------------------------------------------------------------------------------------------------------------
                  HSWA or FR reference                                      State equivalent1                   
----------------------------------------------------------------------------------------------------------------
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.                                                                              
----------------------------------------------------------------------------------------------------------------
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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