[Federal Register Volume 59, Number 113 (Tuesday, June 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-14285]


[[Page Unknown]]

[Federal Register: June 14, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 272

[FRL-4895-5]

 

Authorization of State Hazardous Waste Management Program: Kansas

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate final rule.

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SUMMARY: The Resource Conservation and Recovery Act of 1976, as amended 
(RCRA), provides for the U.S. Environmental Protection Agency (EPA) to 
grant authorization to State agencies to operate their hazardous waste 
management programs in lieu of the Federal program. The state of Kansas 
has applied for authorization of revisions to its previously authorized 
hazardous waste management program under RCRA. The EPA has reviewed the 
Kansas application and has made a decision, subject to public review 
and comment, that the Kansas hazardous waste management program 
revision satisfies all of the requirements necessary to qualify for 
final authorization. Thus, EPA is approving the state's hazardous waste 
management program revisions. Kansas' application for program revisions 
is available for public review and comment.

DATES: Final authorization for Kansas shall be effective August 15, 
1994 unless EPA publishes a prior Federal Register action withdrawing 
this immediate final rule. All comments on the Kansas program revisions 
application must be received by the close of business July 14, 1994.

ADDRESSES: Copies of the Kansas program revision application are 
available for inspection and copying during normal business hours at 
the following addresses: Hazardous Waste Section, Bureau of Waste 
Management, Kansas Department of Health and Environment, Forbes Field, 
Topeka, Kansas 66620-0001, 913-296-1600; and, US EPA Region 7, Library, 
726 Minnesota Avenue, Kansas City, Kansas 66101, 913-551-7241. Written 
comments should be sent to Gary Bertram, RCRA Branch, U.S. 
Environmental Protection Agency, 726 Minnesota Avenue, Kansas City, 
Kansas 66101; 913-551-7533.

FOR FURTHER INFORMATION CONTACT: Gary Bertram, (913) 551-7533.

SUPPLEMENTARY INFORMATION:

A. Background

    Section 3006 of RCRA (42 U.S.C. 6926) allows EPA to authorize state 
hazardous waste management programs to operate in the states in lieu of 
the Federal hazardous waste program. This is done when a state submits 
to EPA a request for authorization demonstrating that the state 
hazardous waste program is equivalent, consistent with and no less 
stringent than the Federal program.
    Revisions to state hazardous waste programs are necessary whenever 
federal or state statutory or regulatory authority is modified or when 
certain other changes occur. States with final authorization under 
section 3006(b) of RCRA have a continuing obligation to maintain state 
programs that are equivalent to, consistent with, and no less stringent 
than the federal hazardous waste management program. Most commonly, 
state program revisions are necessitated by changes to EPA's 
regulations in 40 CFR parts 124 and 260 through 271 that require 
corresponding changes in the state program in order for the state to 
maintain its authorization.

B. Kansas

    Kansas initially received final authorization effective October 17, 
1985. Kansas received authorization for revisions to its program 
effective June 25, 1990. Kansas submitted a draft authorization 
application on March 1, 1990, and submitted the final revision 
application on February 24, 1994.
    To meet its obligation to maintain a hazardous waste program that 
is equivalent to, consistent with, and no less stringent than the 
federal hazardous waste program, Kansas has submitted a request to be 
authorized for additional RCRA authorities which have been promulgated 
by EPA since the Kansas base program approval.
    The EPA has reviewed the state's application with respect to the 
requirements for state authorization contained in 40 CFR part 271 and 
determined that its hazardous waste program revision satisfies all of 
the requirements to qualify for final authorization. Consequently, EPA 
is granting final authorization for the additional program 
modifications to Kansas. Today's decision is being published as an 
``immediate final'' rule in accordance with the provisions of 40 CFR 
271.21(b)(3). The public may submit written comments on this immediate 
final decision until the date noted in the ``Dates'' section of this 
document. Approval of the Kansas program revision shall become 
effective 60 days from today 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.
    Those specific RCRA program portions which are being authorized 
today are listed below by their descriptive names and Federal Register 
citations.

Federal RCRA Provisions

Dioxin Waste Listing and Management Standards (50 FR 1978, January 14, 
1985)
Paint Filter Test (50 FR 18370, April 30, 1985)
Codification Rule (50 FR 28702, July 15, 1985) (Only the following 
provisions: Household waste; Generator Requirements; Facility Permit 
Requirements; Permitting Requirements; Location Standards for Salt 
Domes, Salt Beds, Underground Mines and Caves; Liquids in Landfills; 
Dust Suppression; Double Liners; Ground-Water Monitoring; Cement Kilns; 
Fuel Labeling; Pre-construction Ban; Permit Life; Omnibus Provision; 
Interim Status; Research and Development Permits; Hazardous Waste 
Exports; and Exposure Information)
Listing of TDI, DNT, and TDA Wastes (50 FR 42936, October 23, 1985)
Burning of Waste Fuel and Used Oil Fuel in Boilers and Industrial 
Furnaces (50 FR 49164, November 29, 1985, (Amended on November 19, 1986 
at 51 FR 41900 and April 13, 1987 at 52 FR 11822))
Listing of Spent Solvents (50 FR 53315, December 31, 1985)
Listing of EDB Wastes (51 FR 5330, February 13, 1986)
Listing of Four Spent Solvents (51 FR 6541, February 25, 1986)
Generators of 100 to 1000 kg Hazardous Waste (51 FR 10174, March 24, 
1986)
Codification Rule, Technical Correction (51 FR 19176, May 28, 1986)
Standards for Hazardous Waste Storage and Treatment Tank Systems (51 FR 
25470, July 14, 1986)
Exports of Hazardous Waste (51 FR 28686, August 8, 1986)
Standards for Generators--Waste Minimization Certifications (51 FR 
55190, October 1, 1986)
Listing of EBDC (51 FR 37725, October 24, 1986)
Land Disposal Restrictions (51 FR 40572, November 7, 1986 (as amended 
on June 4, 1987, 52 FR 21010))
Revised Manual SW-846; Amended Incorporation by Reference (52 FR 8072, 
March 16, 1987)
Closure/Post-Closure Care for Interim Status Surface Impoundments (52 
FR 8704, March 19, 1987)
Definition of Solid Waste, Technical Corrections (52 FR 21306, June 5, 
1987)
Amendments to Part B Information Requirements for Disposal Facilities 
(52 FR 23447, June 22, 1987 (as amended on September 9, 1987, 52 FR 
33936))
List (Phase 1) of Hazardous Constituents for Ground-Water Monitoring 
(52 FR 25942, July 9, 1987)
Identification and Listing of Hazardous Waste (52 FR 26012, July 10, 
1987)
Liability Requirements for Hazardous Waste Facilities; Corporate 
Guarantee (52 FR 44314, November 18, 1987)
Hazardous Waste Miscellaneous Units (52 FR 46946, December 10, 1987)
Technical Corrections; Identification and Listing of Hazardous Waste 
(53 FR 13382, April 22, 1988)
Identification and Listing of Hazardous Waste; Technical Correction (53 
FR 27162, July 19, 1988)
Farmer Exemptions; Technical Corrections (53 FR 27164, July 19, 1988)
Identification and Listing of Hazardous Waste; Treatability Studies 
Sample Exemption ([53 FR 27290, July 19, 1988)
Hazardous Waste Management System; Standards for Hazardous Waste 
Storage and Treatment Tank Systems (53 FR 34079, September 2, 1988)
Permit Modifications for Hazardous Waste Management Facilities (53 FR 
37912, September 28, 1988 (as amended on October 24, 1988, 53 FR 
41649))
Statistical Methods for Evaluating Ground-Water Monitoring Data from 
Hazardous Waste Facilities (53 FR 39720, October 11, 1988)
Identification and Listing of Hazardous Waste; Removal of Iron Dextran 
from the List of Hazardous Wastes((53 FR 43878, October 31, 1988)
Identification and Listing of Hazardous Waste; Removal of Strontium 
Sulfide from the List of Hazardous Wastes (53 FR 43881, October 31, 
1988)
Standards for Generators of Hazardous Waste (53 FR 45089, November 8, 
1988)
Hazardous Waste Miscellaneous Units; Standards Applicable to Owners and 
Operators (54 FR 615, January 9, 1989)
Amendment to Requirements for Hazardous Waste Incinerator Permits (54 
FR 4286, January 30, 1989)
Changes to Interim Status Facilities for Hazardous Waste Management 
Permits; Procedures for Post-Closure Permitting (54 FR 9596, March 7, 
1989)

    The state will assume lead responsibility for issuing permits for 
those program areas authorized today. For those HSWA provisions for 
which the state is not authorized, EPA will retain lead responsibility. 
For those permits which will now change to state lead from EPA, EPA 
will transfer copies of any pending applications, completed permits or 
pertinent file information to the state within 30 days of the effective 
date of this authorization. The EPA will be responsible for enforcing 
the terms and conditions of federally issued permits while they remain 
in force. The EPA will also be responsible for enforcing the terms and 
conditions of RCRA permits regarding HSWA requirements until the state 
has the authority to address the HSWA requirements.
    The state has agreed to review all State issued permits and to 
modify or reissue them as necessary to require compliance with the 
currently approved state law and regulations. When the state reissues 
federally issued permits as state permits, the state will take the lead 
in enforcing such permits, with the exception of those HSWA 
requirements for which the state has not received authorization.

C. Decision

    I conclude that the Kansas application for program revisions meets 
all of the statutory and regulatory requirements established by RCRA. 
Accordingly, Kansas is granted final authorization to operate its 
hazardous waste management program, as revised. Kansas now has 
responsibility for the permitting of treatment, storage, and disposal 
facilities within its borders and carrying out other aspects of the 
RCRA program, subject to the limitation of its revised program 
application and previously approved authorities. Kansas also has 
primary enforcement responsibilities, although EPA retains the right to 
conduct inspections under sections 3007, 3013 and 7003 of RCRA.

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 
the Kansas 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.

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.

List of Subjects in 40 CFR Part 272

    Environmental protection, Administrative practice and procedure, 
Confidential business information, Hazardous waste transportation, 
Hazardous waste, Incorporation by reference, Intergovernmental 
relations, Penalties, Reporting and recordkeeping requirements.

    Authority: This rulemaking 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: May 28, 1994.
William Rice,
Regional Administrator.
[FR Doc. 94-14285 Filed 6-13-94; 8:45 am]
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