[Federal Register Volume 59, Number 150 (Friday, August 5, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-19164]


[[Page Unknown]]

[Federal Register: August 5, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271

[FRL-5027-4]

 

Wisconsin: Authorization of State Hazardous Waste Management 
Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate final rule.

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SUMMARY: Wisconsin has applied for final authorization of revisions to 
its hazardous waste program under the Resource Conservation and 
Recovery Act of 1976, as amended (hereinafter RCRA). The Environmental 
Protection Agency (EPA) has reviewed Wisconsin's application and has 
reached a decision, subject to public review and comment, that these 
hazardous waste program revisions satisfy all the requirements 
necessary to qualify for final authorization. Thus, EPA intends to 
grant final authorization to Wisconsin to operate its expanded program, 
subject to authority retained by EPA under the Hazardous and Solid 
Waste Amendments of 1984 (Pub. L. 98-616, November 8, 1984, hereinafter 
HSWA).

EFFECTIVE DATE: Final authorization for Wisconsin shall be effective on 
October 4, 1994, unless EPA publishes a prior Federal Register (FR) 
action withdrawing this immediate final rule. All comments on 
Wisconsin's final authorization must be received by 4:30 p.m. central 
time on September 6, 1994. If an adverse comment is received, EPA will 
publish either (1) a withdrawal of this immediate final rule or (2) a 
notice containing a response to the comment which either affirms that 
the immediate final decision takes effect or reverses the decision.

ADDRESSES: Copies of Wisconsin's final Authorization Revision 
Application are available from 9 a.m. to 4 p.m., at the following 
addresses for inspection and copying: Mr. Al Matano, Wisconsin 
Department of Natural Resources, 101 S. Webster, Third Floor, Madison, 
Wisconsin 53707, Phone 608/267-3531; Ms. Margaret Millard, U.S. EPA 
Region V, Office of RCRA, 77 W. Jackson, Seventh Floor, Chicago, 
Illinois 60604, Phone 312/353-1440. Written comments should be sent to 
Ms. Margaret Millard, U.S. EPA Region V, Office of RCRA, 77 W. Jackson 
(HRM-7J), Chicago, Illinois, 60604, Phone 312/353-1440.

FOR FURTHER INFORMATION CONTACT: Margaret Millard, Wisconsin 
Regulatory Specialist, U.S. EPA Region V, HRM-7J, 77 West Jackson 
Blvd., Chicago, Illinois, 60604, (312) 353-1440.

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 accordance with 40 CFR 271.21, 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, and 270.

B. Wisconsin

    Wisconsin initially received final authorization for its program 
effective January 31, 1986 (51 FR 3783). Subsequently, Wisconsin 
received authorization for revisions to its program, which became 
effective on June 6, 1989 (54 FR 22278), January 22, 1990 (54 FR 
48243), April 24, 1992 (57 FR 15029), and August 2, 1993 (58 FR 31344). 
On March 16, 1994, Wisconsin submitted a program revision application 
for additional program approvals. Today, Wisconsin is seeking approval 
of its program revision in accordance with 40 CFR 271.21(b)(3).
    EPA reviewed Wisconsin's application, and has made an immediate 
final decision that Wisconsin'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 Wisconsin. The public may 
submit written comments on EPA's immediate final decision up until 
September 6, 1994. Copies of Wisconsin's application for program 
revision are available for inspection and copying at the locations 
indicated in the ``Addresses'' section of this notice.
    Approval of Wisconsin'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.
    On October 4, 1994, (unless EPA publishes a prior FR action 
withdrawing this immediate final rule), Wisconsin will be authorized to 
carry out, in lieu of the Federal program, those provisions of the 
State's program which are analogous to the following provisions of the 
Federal program:

------------------------------------------------------------------------
  Federal requirement               Analogous state authority           
------------------------------------------------------------------------
Toxicity Characteristic  Wisconsin Administrative Code (WAC) NR         
 Revisions, March 29,     605.05(1)(a)5,9,17; 605.13; 605.08(5)(a),(b); 
 1990, (55 FR 11798)*.    605.09(1)(b); 605.11; effective September 1,  
                          1992.                                         
Land Disposal            WAC NR 605.08(1)(b),(2)(b),(3)(b),(4)(b), and  
 Restrictions for Third   (5)(b); 605.09(2)(a),(3)(a)3 and (5)(b); 605  
 Third Scheduled          Appendix III; 610.05(3); 615.06(3);           
 Wastes, June 1, 1990,    660.13(8)(c)6; 675.22(4) and (4)(a)-(d);      
 (55 FR 22520)*.          675.22(5); and 680.22(25); 615.05(4)(a)5;     
                          660.13(3); 655.09; 680.22(32); 600.03; 675.03;
                          600.03(85),(89),(112),(149),(162),(239)(a)-(c)
                          ; 600.03(109)(a)-(h); 675.06(1) and (2);      
                          675.07(1)(c)1.b,(1)(d)1.b and (1)(e)1.b;      
                          675.07(1)(i),(1)(i)1-3; 675.07(1)(j) and (k); 
                          675.07(2)(d)1.b; 675.07(2)(e)1 and 3;         
                          675.07(2)(g); 675.09(1)-(5); 675.16(1)(a)-(e),
                          (2)-(8); 675.20(1) and (3); 675.21(1);        
                          675.22(1) and (1)(b); 675.22(1)(b) Tables 1,2,
                          and 3; 675.22(2)(a); 675.23(1); 675.23(1)     
                          Table CCW; 675.23(3),(3)(a)-(c); 675          
                          Appendices III,IV,V,VI, and VII; effective    
                          September 1, 1992.                            
------------------------------------------------------------------------
*Indicates HSWA Requirement.                                            

    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 has previously suspended issuance of permits for the other 
provisions on January 31, 1986, June 6, 1989, January 22, 1990, April 
24, 1992, and August 2, 1993, the effective dates of Wisconsin's final 
authorization for the RCRA base program, and for subsequent program 
revisions.
    Wisconsin is not authorized to operate the Federal program on 
Indian lands. This authority remains with EPA unless provided otherwise 
in a future statute or regulation.

C. Decision

    I conclude that Wisconsin's program revision meets all of the 
statutory and regulatory requirements established by RCRA described in 
its revised program application, subject to the limitations of the 
HSWA. Accordingly, EPA grants Wisconsin final authorization to operate 
its hazardous waste program as revised. Wisconsin currently has 
responsibility for permitting treatment, storage, and disposal 
facilities within its borders and carrying out other aspects of the 
RCRA program and its amendments. Wisconsin 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.

D. Codification in Part 272

    EPA incorporates by reference authorized State programs in Part 272 
of 40 CFR to provide notice to the public of the scope of the 
authorized program in each State. Incorporation by reference of the 
Wisconsin program will be completed at a later date.

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 
Wisconsin'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.

Paperwork Reduction Act

    Under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., Federal 
agencies must consider the paperwork burden imposed by any information 
request contained in a proposed rule or a final rule. This rule will 
not impose any information requirements upon the regulated community.

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 30, 1994.
Valdas V. Adamkus,
Regional Administrator.
[FR Doc. 94-19164 Filed 8-4-94; 8:45 am]
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