[Federal Register Volume 59, Number 131 (Monday, July 11, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-16721]


[[Page Unknown]]

[Federal Register: July 11, 1994]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-5010-1]

 

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

AGENCY: Environmental Protection Agency.

ACTION: Immediate final rule.

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SUMMARY: Florida has applied for final authorization of revisions to 
its hazardous waste program under the Resource Conservation and 
Recovery Act (RCRA). Florida's revisions consist of the provisions 
contained in the rules promulgated between July 1, 1989, and June 30, 
1990, otherwise known as Non-HSWA Cluster VI. These requirements are 
listed in Section B of this notice. The Environmental Protection Agency 
(EPA) has reviewed Florida's application and has made a decision, 
subject to public review and comment, that the Florida hazardous waste 
program revisions satisfy all of the requirements necessary to qualify 
for final authorization. Thus, EPA intends to approve Florida's 
hazardous waste program revisions. Florida's application for program 
revisions is available for public review and comment.

DATES: Final authorization for Florida's program revisions shall be 
effective September 9, 1994 unless EPA publishes a prior Federal 
Register action withdrawing this immediate final rule. All comments on 
Florida's program revision application must be received by the close of 
business, August 10, 1994.

ADDRESSES: Written comments should be sent to A.R. Hanke, Chief, State 
Programs Section, Waste Programs Branch, Waste Management Divison, U.S. 
EPA, 345 Courtland Street, NE, Atlanta, Georgia 30365. Copies of 
Florida's program revision application are available during normal 
business hours at the following addresses for inspection and copying: 
Florida Department of Environmental Protection, 2600 Blair Stone Road, 
Tallahassee, Florida 32399-2400, phone (904) 488-0300; U.S. EPA Region 
IV, Library, 345 Courtland Street, NE, Atlanta, Georgia 30365; (404) 
347-4216.

FOR FURTHER INFORMATION CONTACT: Al 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 
(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 260-268 
and 124 and 270.

B. Florida

    Florida initially received final authorization for its base RCRA 
program effective on February 12, 1985, (50 FR 3908, January 29, 1985). 
Florida received authorization for revisions to its program on April 6, 
1992, for Non-HSWA III, IV, and V, and on January 10, 1994 for HSWA I 
without Corrective Action. Today, Florida is seeking approval of its 
program revisions in accordance with 40 CFR 271.21(b)(3).
    EPA has reviewed Florida's application and has made an immediate 
final decision that Florida'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 Florida. The public may submit 
written comments on EPA's immediate final decision up until August 10, 
1994. Copies of Florida'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 Florida's program revisions shall become effective 
September 9, 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.
    Florida is today seeking authority to administer the following 
Federal requirements. 

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Checklist                     Description                   FR date and page             Florida rule           
----------------------------------------------------------------------------------------------------------------
*64.......  Delay of Closure Period for Hazardous Waste     8/14/89; 54 FR    17-730.180(1) & (2) FAC           
             Facilities.                                     33376.           403.721(2) & (6) FS               
65........  Mining Waste Exclusion........................  9/1/89; 54 FR     17-730.030(1) FAC                 
                                                             36592.           403.72(1) FS                      
67........  Testing and Monitoring Activities.............  9/29/89; 54 FR    17-730.021(1)(a) FAC              
                                                             40260.           17-730.030(1)                     
                                                                              403.704(15) FS                    
                                                                              403.72(1)                         
70........  Changes to Part 124...........................  Various.........  17-730.184,220&280 FAC            
                                                                              17-4.080&100                      
                                                                              403.704(16), 722FS (1)            
                                                                               (3)(5)(a)&(b)(10)(b)             
                                                                              403.061(14)                       
71........  Mining Waste Exclusion II.....................  1/23/90; 55 FR    17-730.020(1) FAC .030(1), 160(1) 
                                                             2322.            403.704(15) FS                    
                                                                              403.72(1)                         
                                                                              403.721(2)(3)                     
72........  Modification of F019 Listing..................  2/14/90; 55 FR    17-730.030, 021                   
                                                             5340.            403.72(1)                         
                                                                              403.704(15)                       
73........  Testing and Monitoring Activities; Technical    3/9/90; 55 FR     17-730.021(1)(a) FAC              
             Corrections.                                    8948.            17-730.030(1) FAC                 
                                                                              403.704(15) F.S                   
                                                                              403.72(1) F.S                     
76........  Criteria for Listing Toxic Wastes; Technical    5/4/90; 55 FR     17-730.030(1)                     
             Amendment.                                      18726.           403.72(1)                         
**78......  Land Dispsal Restrictions Third-Third           6/1/90; 55 FR     17-730.030                        
             Scheduled Wastes.                               22520.           403.72(1)                         
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*Florida did not adopt 40 CFR 270.42 Appendix 1, ``Permit Modifications for Hazardous Waste Management          
  Facilities.                                                                                                   
**Only the Non-HSWA portion of Checklist 78 is included here. The remainder of Checklist 78 will be included in 
  HSWA Cluster II.                                                                                              

C. Decision

    I conclude that Florida's application for these program revisions 
meet all of the statutory and regulatory requirements established by 
RCRA. Accordingly, Florida is granted final authorization to operate 
its hazardous waste program as revised, except where otherwise noted.
    Florida 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. Florida 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 
Florida'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: June 22, 1994.
John R. Barker,
Acting Regional Administrator.
[FR Doc. 94-16721 Filed 7-8-94; 8:45 am]
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