[Federal Register Volume 59, Number 102 (Friday, May 27, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-12902]


[[Page Unknown]]

[Federal Register: May 27, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271

[FRL-4888-1]

 

Nevada: 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 Nevada has applied for final authorization of 
revisions to its hazardous waste program under the Resource 
Conservation and Recovery Act (RCRA), as amended. The Environmental 
Protection Agency (EPA) has completed its review of Nevada's 
application and has made a decision, subject to public review and 
comment, that Nevada's hazardous waste program revisions satisfy all of 
the requirements necessary to qualify for final authorization. Thus, 
EPA intends to approve Nevada's hazardous waste program revisions. 
Nevada's application for program revision is available for public 
review and comment.

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

ADDRESSES: Copies of Nevada's program revision application are 
available during the business hours of 9 a.m. to 5 p.m. at the 
following addresses for inspection and copying:

Nevada Department of Conservation and Natural Resources, Division of 
Environmental Protection, 123 W. Nye Lane, Carson City, NV 89710. 
Phone: 702/687-5872. Contact: L.H. Dodgion, Administrator.
U.S. EPA Region IX Library-Information Center, 75 Hawthorne Street, San 
Francisco, CA 94105. Phone: 415/744-1510.

    Written comments should be sent to April Katsura, U.S. EPA Region 
IX (H-2-2), 75 Hawthorne Street, San Francisco, CA 94105. Phone: 415/
744-2030.

FOR FURTHER INFORMATION CONTACT: April Katsura, U.S. EPA Region IX (H-
2-2), 75 Hawthorne Street, San Francisco, CA 94105. Phone: 415/744-
2030.

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. 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, 270, 
and 279.

B. Nevada

    Nevada initially received final authorization for the base 
hazardous waste program on November 1, 1985. On June 29, 1992, Nevada 
received final authorization for revisions to its hazardous waste 
program, which included substantially all the Federal RCRA implementing 
regulations published in the Federal Register through July 1, 1991. On 
May 9, 1994, Nevada submitted an application for additional revision 
approvals. Today, Nevada is seeking approval of its program revisions 
in accordance with 40 CFR 271.21(b)(3).
    EPA has reviewed Nevada's application, and has made an immediate 
final decision that Nevada's hazardous waste program revisions satisfy 
all of the requirements necessary to qualify for final authorization. 
Consequently, EPA intends to approve final authorization for Nevada's 
hazardous waste program revisions. The public may submit written 
comments on EPA's immediate final decision up until June 27, 1994. 
Copies of Nevada's applications for program revision are available for 
inspection and copying at the locations indicated in the Addresses 
section of this notice.
    Approval of Nevada's program revisions is effective in 60 days 
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 the comment which either affirms that the immediate final decision 
takes effect or reverses the decision.
    Nevada is applying for authorization for changes and additions to 
the Federal RCRA implementing regulations that occurred between July 1, 
1991 and July 1, 1993, including the following Federal hazardous waste 
regulations:

------------------------------------------------------------------------
        Federal requirement                      State analog           
------------------------------------------------------------------------
Wood Preserving Listings; Technical  Nevada Revised Statutes (NRS)      
 Corrections (56 FR 30192, July 1,    459.485, 459.490 and 459.520;     
 1991).                               Nevada Administrative Code (NAC)  
                                      444.8632.                         
Burning of Hazardous Waste in        NRS 459.485, 459.490, 459.520 and  
 Boilers and Industrial Furnaces;     459.525; NAC 444.8632.            
 Corrections and Technical                                              
 Amendments I (56 FR 32688, July                                        
 17, 1991).                                                             
Land Disposal Restrictions for       NRS 459.485 and 459.490; NAC       
 Electric Arc Furnace Dust (K061)     444.8632.                         
 (56 FR 41164, August 19, 1991).                                        
Burning of Hazardous Waste in        NRS 459.485, 459.490, 459.520 and  
 Boilers and Industrial Furnaces;     459.525; NAC 444.8632.            
 Technical Amendments II (56 FR                                         
 42504, August 27, 1991).                                               
Exports of Hazardous Waste;          NRS 459.485, 459.490 and 459.500;  
 Technical Correction (56 FR 45704,   NAC 444.8632.                     
 September 4, 1991).                                                    
Coke Ovens Administrative Stay (56   NRS 459.485, 459.490 and 459.525;  
 FR 43874, September 5, 1991).        NAC 444.8632.                     
Amendments to Interim Status         NRS 459.485 and 459.490; NAC       
 Standards for Downgradient Ground-   444.8632.                         
 Water Monitoring Well Locations                                        
 (56 FR 66365, December 23, 1991).                                      
Liners and Leak Detection Systems    NRS 459.485, 459.490, 459.520 and  
 for Hazardous Waste Land Disposal    459.525; NAC 444.8632.            
 Units (57 FR 3462, January 29,                                         
 1992).                                                                 
Administrative Stay for the          NRS 459.485, 459.490 and 459.525;  
 Requirement that Existing Drip       NAC 444.8632.                     
 Pads be Impermeable (57 FR 5859,                                       
 February 18, 1992).                                                    
Second Correction to the Third Land  NRS 459.485 and 459.490; NAC       
 Disposal Restrictions (57 FR 8086,   444.8632.                         
 March 6, 1992, as amended at 58 FR                                     
 14317, March 17, 1993).                                                
Hazardous Debris Case-by-Case        NRS 459.485 and 459.490; NAC       
 Capacity Variance (57 FR 20766,      444.8632.                         
 May 15, 1992).                                                         
Oil Filter Exclusion (57 FR 21524,   NRS 459.485 and 459.490; NAC       
 May 20, 1992).                       444.8632.                         
Recycled Coke By-Product Exclusion   NRS 459.485, 459.490 and 459.525;  
 (57 FR 27880, June 22, 1992).        NAC 444.8632.                     
Lead-Bearing Hazardous Materials     NRS 459.485 and 459.490; NAC       
 Case-by-Case Capacity Variance (57   444.8632.                         
 FR 28628, June 26, 1992).                                              
Used Oil Exclusion; Technical        NRS 459.485 and 459.490; NAC       
 Corrections (57 FR 29220, July 1,    444.8632.                         
 1992).                                                                 
Toxicity Characteristics Revisions;  NRS 459.485 and 459.490; NAC       
 Technical Corrections (57 FR         444.8632.                         
 30657, July 10, 1992).                                                 
Land Disposal Restrictions for       NRS 459.485 and 459.490; NAC       
 Newly Listed Waste and Hazardous     444.8632.                         
 Debris (57 FR 37194, August 18,                                        
 1992, as amended at 57 FR 41173,                                       
 September 9, 1992).                                                    
Coke By-Products Listings (57 FR     NRS 459.485 and 459.490; NAC       
 37284, August 18, 1992).             444.8632.                         
Burning of Hazardous Waste in        NRS 459.485, 459.490 and 459.525;  
 Boilers and Industrial Furnaces;     NAC 444.8632.                     
 Technical Amendment III (57 FR                                         
 38558, August 25, 1992).                                               
Recycled Used Oil Management         NRS 459.485 and 459.490; NAC       
 Standards (57 FR 41566, September    444.8632.                         
 10, 1992).                                                             
Financial Responsibility for Third-  NRS 459.485, 459.490 and 459.525;  
 Party Liability, Closure, and Post-  NAC 444.8632.                     
 Closure (57 FR 42832, September                                        
 16, 1992).                                                             
Liability Requirements; Technical    NRS 459.485, 459.490 and 459.525;  
 Amendment (56 FR 30200, July 1,      NAC 444.8632.                     
 1991).                                                                 
Burning of Hazardous Waste in        NRS 459.485, 459.490 and 459.525;  
 Boilers and Industrial Furnaces;     NAC 444.8632.                     
 Technical Amendment IV (57 FR                                          
 44999, September 30, 1992).                                            
Chlorinated Toluenes Production      NRS 459.485 and 459.490; NAC       
 Waste Listing (57 FR 47376,          444.8632.                         
 October 15, 1992).                                                     
Hazardous Soil Case-by-Case          NRS 459.485 and 459.490; NAC       
 Capacity Variance (57 FR 47772,      444.8632.                         
 October 20, 1992).                                                     
``Mixture'' and ``Derived-From''     NRS 459.485 and 459.490; NAC       
 Rules (57 FR 7628, March 3, 1992;    444.8632.                         
 as amended June 1, 1992 at 57 FR                                       
 23062, and October 30, 1992 at 57                                      
 FR 49278).                                                             
Toxicity Characteristic Amendment    NRS 459.485 and 459.490; NAC       
 (57 FR 23062, June 1, 1992).         444.8632.                         
Liquids in Landfills II (57 FR       NRS 459.485, 459.490 and 459.525;  
 54452, November 18, 1992).           NAC 444.8632.                     
Toxicity Characteristic Revision;    NRS 459.485 and 459.490; NAC       
 TCLP Correction (57 FR 55114,        444.8632.                         
 November 24, 1992, as amended                                          
 February 2, 1993 at 58 FR 6854).                                       
Wood Preserving; Revisions to        NRS 459.485, 459.490 and 459.525;  
 Listings and Technical               NAC 444.8632.                     
 Requirements (57 FR 61492,                                             
 December 24, 1992).                                                    
Corrective Action Management Units   NRS 459.485, 459.490 and 459.525;  
 and Temporary Units (58 FR 8658,     NAC 444.8632.                     
 February 16, 1993).                                                    
Recycled Used Oil Management         NRS 459.485 and 459.490; NAC       
 Standards; Technical Amendments      444.8632.                         
 and Corrections (58 FR 26420, May                                      
 3, 1993, as amended June 17, 1993                                      
 at 58 FR 33341).                                                       
Land Disposal Restrictions; Renewal  NRS 459.485 and 459.490; NAC       
 of the Hazardous Waste Debris Case-  444.8632.                         
 by-Case Capacity Variance (58 FR                                       
 28506, May 14, 1993).                                                  
Land Disposal Restrictions for       NRS 459.485 and 459.490; NAC       
 Ignitable and Corrosive              444.8632.                         
 Characteristic Wastes whose                                            
 Treatment Standards were Vacated                                       
 (58 FR 29860, May 24, 1993).                                           
------------------------------------------------------------------------

    Note: NRS 459.485 effective 1981, amended 1991; NRS 459.490 
effective 1981, amended 1987; NRS 459.500 effective 1981, amended 1985, 
1987, and 1989; NRS 459.420 effective 1981, amended 1985 and 1987; NRS 
459.525 effective 1981, amended 1987; and NAC 444.8632 effective 1987, 
amended 1990, 1992, 1993, and 1994. NAC 444.8632 adopts by reference 40 
CFR parts 2, subpart A; 124, subparts A and B; 260 through 270, 
inclusive; and 279 as modified by NAC 444.8633, NAC 444.8634, and 
Regulation #R173-93 (effective March 1, 1994).
    Nevada agrees to review all State hazardous waste permits that have 
been issued under State law prior to the effective date of this 
authorization. Nevada agrees to then modify or revoke and reissue such 
permits as necessary to require compliance with the revised State 
program. The modifications or revocation and reissuance will be 
scheduled in the annual State Grant Work Plan.
    Nevada is not being authorized to operate any portion of the 
hazardous waste program on Indian lands.

C. Decision

    I conclude that Nevada's application for program revision meets all 
of the statutory and regulatory requirements established by RCRA. 
Accordingly, Nevada is granted final authorization to operate its 
hazardous waste program as revised.
    Nevada is now responsible for permitting treatment, storage, and 
disposal facilities within its borders and carrying out the aspects of 
the RCRA program described in its revised program applications, subject 
to the limitations of the Hazardous and Solid Waste Amendments of 1984 
(Public Law 98-616, November 8, 1984) (``HSWA''). Nevada also has 
primary enforcement responsibilities, although EPA retains the right to 
conduct inspections under section 3007 of RCRA and to take enforcement 
actions under section 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 3 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 
Nevada'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, and 6974(b).

    Dated: May 16, 1994.
Felicia Marcus,
Regional Administrator.
[FR Doc. 94-12902 Filed 5-26-94; 8:45 am]
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