[Federal Register Volume 59, Number 80 (Tuesday, April 26, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-10052]


[[Page Unknown]]

[Federal Register: April 26, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271

[FRL-4878-6]

 

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

AGENCY: Environmental Protection Agency.

ACTION: Immediate final rule.

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SUMMARY: Georgia has applied for final authorization of revisions to 
its hazardous waste program under the Resource Conservation and 
Recovery Act (RCRA). Georgia's revisions consist of the provisions 
contained in RCRA Cluster II which are the hazardous waste rules 
promulgated between July 1, 1991, and June 30, 1992. These requirements 
are listed in section B of this notice. The Environmental Protection 
Agency (EPA) has reviewed Georgia's application and has made a 
decision, subject to public review and comment, that the Georgia 
hazardous waste program revisions satisfy all of the requirements 
necessary to qualify for final authorization. Thus, EPA intends to 
approve Georgia's hazardous waste program revisions. Georgia's 
application for program revisions is available for public review and 
comment.

DATES: Final authorization for Georgia's program revisions shall be 
effective June 27, 1994 unless EPA publishes a prior Federal Register 
action withdrawing this immediate final rule. All comments on Georgia's 
program revision application must be received by the close of business, 
May 26, 1994.

ADDRESSES: Written comments should be sent to A.R. Hanke at the address 
listed below. Copies of Georgia's program revision application are 
available during normal business hours at the following addresses for 
inspection and copying: Georgia Department of Natural Resources, Waste 
Management Branch, 205 Butler Street SE., Floyd Towers East, Atlanta, 
Georgia 30334, phone (404) 656-2833; USEPA Region IV, Library, 345 
Courtland Street NE., Atlanta, Georgia 30365; (404) 347-4216.

FOR FURTHER INFORMATION CONTACT: A.R. 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. Georgia

    Georgia initially received final authorization for its base RCRA 
program effective on August 21, 1984. Georgia received authorization 
for revisions to its program for RCRA Cluster I on January 12, 1994 
(11/16/93; FR 60388). Today, Georgia is seeking approval of its program 
revisions in accordance with 40 CFR 271.21(b)(3) for rules promulgated 
between July 1, 1991, and June 30, 1992, otherwise known as RCRA 
Cluster II.
    EPA has reviewed Georgia's RCRA Cluster II application and has made 
an immediate final decision that Georgia'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 Georgia. The 
public may submit written comments on EPA's immediate final decision up 
until May 26, 1994.
    Copies of Georgia'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 Georgia's program revisions shall become effective May 
26, 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.
    Georgia is today seeking authority to administer the following 
Federal requirements. 

------------------------------------------------------------------------
                                          FR date and                   
   Checklist           Description           page           State rule  
------------------------------------------------------------------------
92..............  Wood preserving       7/1/91, 56 FR    391-3-11-.07(1)
                   listings; technical   30192, HSWA      , .08(1),     
                   correction.           and Non-HSWA.    .10(1)&(2).   
95..............  Land disposal         8/19/91, 56 FR   391-3-11-.07,  
                   restrictions for      41164, HSWA.     .16.-         
                   electric arc                                         
                   furnace dust K061.                                   
97..............  Exports of hazardous  9/4/91, 56 FR    391-3-11-.08(1)
                   waste; technical      43704, HSWA.     .             
                   correction.                                          
99..............  Amendments to         12/23/91, 56 FR  391-3-11-.02,  
                   interim status        66365, Non-      391-3-11-.10. 
                   standards for         HSWA.                          
                   downgradient                                         
                   groundwater                                          
                   monitoring well                                      
                   locations.                                           
100.............  Liners and leak       1/29/92, 57 FR   391-3-11-.02,  
                   detection systems     3462, HSWA and   391-3-11-.10, 
                   for hazardous waste   Non-HSWA.        391-3-11-.11(3
                   land disposal units.                   )(g), 391-3-11-
                                                          .11(7)(d).    
101.............  Administrative stay   2/18/92, 57 FR   391-3-11-.10.  
                   for the requirement   5859, HSWA and                 
                   that existing drip    Non-HSWA.                      
                   pads be impermeable.                                 
102.............  Second correction to  3/6/92, 57 FR    391-3-11-.10(2)
                   the third-third       8086, HSWA.      , .16.        
                   land disposal                                        
                   restrictions.                                        
103.............  Hazardous debris      5/15/92, 57 FR   391-3-11-.16.  
                   case-by-case          20766, HSWA.                   
                   capacity variance.                                   
104.............  Used oil filter       5/20/92, 57 FR   391-3-11-.07(1)
                   exclusion.            21524, HSWA.     .             
105.............  Recycled coke by-     6/22/92, 57 FR   391-3-11-.07(1)
                   product exclusion.    27880, HSWA.     .             
106.............  Lead bearing          6/26/92, 57 FR   391-3-11-.16.  
                   hazardous materials   28628, HSWA.                   
                   case-by-case                                         
                   capacity variance.                                   
------------------------------------------------------------------------

    Checklist 85, Burning of Hazardous Waste in Boilers and Industrial 
Furnaces, (2/21/91, 56 FR 7134), was submitted in the authorization 
application with RCRA Cluster I. EPA is withholding a decision to 
authorize Georgia for the Burning of Hazardous Waste in Boilers and 
Industrial Furnaces Rule as well as the technical corrections in 
Checklists 94, 96, and 98, until the State's capability has been 
assessed.

C. Decision

    I conclude that Georgia's application for these program revisions 
meets all of the statutory and regulatory requirements established by 
RCRA. Accordingly, Georgia is granted final authorization to operate 
its hazardous waste program as revised, except where otherwise noted.
    Georgia 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, its previously approved authorities and where 
otherwise noted in this Notice. Georgia 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 
Georgia'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

    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, 6974(b)).

    Dated: April 14, 1994.
Patrick M. Tobin,
Acting Regional Administrator.
[FR Doc. 94-10052 Filed 4-25-94; 8:45 am]
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