[Federal Register Volume 59, Number 157 (Tuesday, August 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20040]


[[Page Unknown]]

[Federal Register: August 16, 1994]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-5052-8]

 

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, 1990, and June 30, 
1992, otherwise known as RCRA Cluster I & II. These requirements are 
listed in section B of this document. 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 October 17, 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, September 15, 1994.

ADDRESSES: Written comments should be sent to A.R. Hanke, Chief, State 
Programs Section, Waste Programs Branch, Waste Management Divison, 
USEPA, 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; USEPA 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 124, 260 
through 268 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 October 17, 
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 
October 17, 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. 

----------------------------------------------------------------------------------------------------------------
  Checklist           Description               FR date and page                      Florida rule              
----------------------------------------------------------------------------------------------------------------
80...........  Toxicity Characteristic;   10/5/90, 55 FR 40834; 2/1/    17-730.030(1) F.A.C. 403.72(1) F.S.     
                Hydrocarbon Recovery       91, 56 FR 3978; 4/2/91, 56                                           
                Operations.                FR 13406.                                                            
81...........  Petroleum Refinery         11/2/90, 55 FR 46354; 12/17/  17-730.030(1), F.A.C. 403.72(1) F.S.    
                Primary and Secondary      90, 55 FR 51707.                                                     
                Oil/Water/Solids                                                                                
                Separation Sludge                                                                               
                Listing (FO37 and FO38).                                                                        
82...........  Wood Preserving Listings.  12/6/90, 55 FR 50450........  17-730.020, 030,160,180, & 220 F.A.C.   
                                                                         403.704,721, & 722 F.S.                
83...........  Land Disposal              1/31/91, 56 FR 3864.........  17-730.030, 160, & 183 F.A.C. 403.72, & 
                Restrictions for Third                                   721, F.S.                              
                Third Scheduled Wastes;                                                                         
                Technical Amendments.                                                                           
84...........  Toxicity Characteristic;   2/13/91, 56 FR 5910.........  17-730.030(1) F.A.C. 403.72(1), F.S.    
                Chlorofluorocarbon                                                                              
                Refrigerants.                                                                                   
86...........  Removal of Strontium       2/25/91, 56 FR 7567.........  17-730.030(1) F.A.C. 403.72(1), F.S.    
                Sulfide from the List of                                                                        
                Hazardous Wastes;                                                                               
                Technical Amendment.                                                                            
87...........  Organic Air Emission       4/26/91, 56 FR 19290........  17-730.180, & 220 F.A.C. 403.087, 721, &
                Standards for Process                                    722 F.S.                               
                Vents and Equipment                                                                             
                Leaks; Technical                                                                                
                Amendment.                                                                                      
88...........  Administrative Stay for    5/1/91, 56 FR 19951.........  17-730.030 F.A.C. 403.71(1) F.S.        
                Portions of the KO69                                                                            
                Listing.                                                                                        
89...........  Revision to the Petroleum  5/13/91, 56 FR 21955........  17-730.030(1) F.A.C. 403.72(1) F.S.     
                Refining Primary and                                                                            
                Secondary Oil/Water/                                                                            
                Solids Separation Sludge                                                                        
                Listings (FO37 and FO38).                                                                       
90...........  Mining Waste Exclusion     6/13/91, 56 FR 27300........  17-730.030(1), F.A.C. 403.72(1), F.S.   
                III.                                                                                            
91...........  Administrative Stay for    6/13/91, 56 FR 27332........  17-730.030, 180, F.A.C. 403.72, & 721   
                FO32, FO34, and FO35                                     F.S.                                   
                Listings.                                                                                       
92...........  Wood Preserving Listings:  7/1/91, 56 FR 30192.........  17-730.030, 160, 180, & 220 F.A.C.      
                Technical Corrections.                                   403.72, 721, 704, & 722, F.S.          
95...........  Land Disposal              8/19/91, 56 FR 41164........  17-730.030, & 183 F.A.C. 403.72, & 721  
                Restrictions for                                         F.S.                                   
                Electric Arc Furnace                                                                            
                Dust (KO61).                                                                                    
97...........  Exports of Hazardous       9/4/91, 56 FR 43704.........  17-730.160 F.A.C. 403.721(3), F.S.      
                Waste; Technical                                                                                
                Correction.                                                                                     
99...........  Amendments to Interim      12/23/91, 56 FR 66365.......  17-730.020, & 180, F.A.C. 403.704, &    
                Status Standards for                                     721, F.S.                              
                Downgradient Ground                                                                             
                Water Monitoring Well                                                                           
                Locations.                                                                                      
100..........  Liners and Leak Detection  1/29/92, 57 FR 3462.........  17-730.020, 180, & 220, F.A.C. 403.721, 
                Systems for Hazardous                                    & 722, F.S.                            
                Waste Land Disposal                                                                             
                Units.                                                                                          
101..........  Administrative Stay for    2/18/92, 57 FR 5859.........  17-730.180 (1) F.A.C. 403.721 F.S.      
                the Requirement that                                                                            
                Existing Drip Pads Be                                                                           
                Impermeable.                                                                                    
102..........  Second Correction to the   3/6/92, 57 FR 8086..........  17-730.180, & 183, F.A.C. 403.721, F.S. 
                Third Third Land                                                                                
                Disposal Restrictions.                                                                          
103..........  Hazardous Debris Case-by-  5/15/92, 57 FR 20766........  17-730.83, F.A.C. 403.721, F.S.         
                Case Capacity Variance.                                                                         
106..........  Lead-bearing Hazardous     6/26/92, 57 FR 28628........  17-730.183, F.A.C. 403.721, F.S.        
                Materials Case-by-Case                                                                          
                Capacity Variance.                                                                              
108..........  Toxicity Characteristics   7/10/92, 57 FR 30657........  17-730.030, & 180, F.A.C. 403.72, & 721 
                Revisions: Technical                                     F.S.                                   
                Corrections.                                                                                    
117B.........  Toxicity Characteristic    6/1/92, 57 FR 23062.........  17-730.030, F.A.C. 403.72(1), F.S.      
                Amendment.                                                                                      
120..........  Wood Preserving;           12/24/92, 57 FR 61492.......  17-730.030, & 180 F.A.C. 403.72, & 721, 
                Amendments to Listings                                   F.S.                                   
                and Technical                                                                                   
                Requirements.                                                                                   
----------------------------------------------------------------------------------------------------------------
Note: The January 31, 1991, and the July 8, 1987, optional amendments to 40 CFR 270.42 are not adopted by       
  Florida. Rule 17-730.290(1)(d), F.A.C., states that the Department may require permit modifications for the   
  causes set forth in 40 CFR 270.42.                                                                            

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 document. 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

    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: August 8, 1994.
Patrick M. Tobin,
Acting Regional Administrator.
[FR Doc. 94-20040 Filed 8-15-94; 8:45 am]
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