[Federal Register Volume 59, Number 171 (Tuesday, September 6, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21894]


[[Page Unknown]]

[Federal Register: September 6, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 272

[FRL-5059-1]

 

Hazardous Waste Management Program: Incorporation by Reference of 
Approved State Hazardous Waste Program for Minnesota

AGENCY: Environmental Protection Agency.

ACTION: Immediate final rule.

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SUMMARY: Under the Resource Conservation and Recovery Act of 1976, as 
amended (RCRA), the United States Environmental Protection Agency (EPA) 
may grant final authorization to States to operate their hazardous 
waste management programs in lieu of the Federal program. EPA uses part 
272 of title 40 Code of Federal Regulations (40 CFR part 272) to 
provide notice of the authorization status of State programs, and to 
incorporate by reference those provisions of State statutes and 
regulations that EPA will enforce under RCRA section 3008. Thus, EPA 
intends to codify the Minnesota authorized State program in 40 CFR part 
272. The purpose of this action is to incorporate by reference EPA's 
approval of recent revisions to Minnesota's program.

DATES: This document will be effective November 7, 1994, unless EPA 
publishes a prior Federal Register (FR) action withdrawing this 
immediate final rule. All comments on this action must be received by 
the close of business October 6, 1994. The incorporation by reference 
of certain Minnesota statutes and regulations was approved by the 
Director of the Federal Register as of November 7, 1994, in accordance 
with 5 U.S.C. 552(a) and 1 CFR part 51.

ADDRESSES: Written comments should be sent to Mr. Gary Westefer, 
Minnesota Regulatory Specialist, Office of RCRA, USEPA, Region V, 77 
West Jackson, HRM-7J, Chicago, Illinois 60604, (312) 886-7450.

FOR FURTHER INFORMATION CONTACT: Mr. Gary Westefer, Minnesota 
Regulatory Specialist, Office of RCRA, USEPA, Region V, 77 West 
Jackson, HRM-7J, Chicago, Illinois 60604, (312) 886-7450.

SUPPLEMENTARY INFORMATION:

Background

    Effective July 14, 1989 (see 54 FR 20851), May 15, 1990 (see 55 FR 
9880), and December 14, 1992 (see 57 FR 47265), EPA incorporated by 
reference Minnesota's then authorized hazardous waste program. 
Effective May 17, 1993 (58 FR 14321), and March 21, 1994 (59 FR 2998), 
EPA granted authorization to Minnesota for additional program 
revisions. In this document, EPA is incorporating the currently 
authorized State hazardous waste program in Minnesota.
    EPA provides both notice of its approval of State programs in 40 
CFR part 272, and incorporates by reference therein the State statutes 
and regulations that EPA will enforce under section 3008 of RCRA. This 
effort will provide clearer notice to the public of the scope of the 
authorized program in Minnesota.
    Revisions to State hazardous waste programs are necessary when 
Federal statutory or regulatory authority is modified. The 
incorporation by reference of Minnesota's authorized program in subpart 
Y of part 272 is intended to enhance the public's ability to discern 
the current status of the authorized State program and clarify the 
extent of Federal enforcement authority. For a fuller explanation of 
EPA's incorporation by reference of Minnesota's authorized hazardous 
waste program, see 54 FR 20851 (May 15, 1989).

Certification Under the Regulatory Flexibility Act

    Pursuant to the provisions of 5 U.S.C. 605(b), I hereby certify 
that this action will not have a significant economic impact on a 
substantial number of small entities. This action is intended to 
incorporate by reference the decision already made to authorize 
Minnesota's program and has no separate effect on handlers of hazardous 
waste in the State or upon 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.

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 or final rule. This rule will not 
impose any information requirements upon the regulated community.

List of Subjects in 40 CFR Part 272

    Administrative practice and procedure, Confidential business 
information, Hazardous waste transportation, Hazardous waste, 
Incorporation by reference, Indian lands, Intergovernmental relations, 
Penalties, Reporting and recordkeeping requirements, Water pollution 
control, Water supply.

    Dated: April 5, 1994.
Valdas V. Adamkus,
Regional Administrator.

    For the reasons set forth in the preamble, 40 CFR part 272 is 
amended as follows:

PART 272--APPROVED STATE HAZARDOUS WASTE MANAGEMENT PROGRAMS

    1. The authority citation for part 272 continues to read as 
follows:

    Authority: Secs. 2002(a), 3006, and 7004(b) of the Solid Waste 
Disposal Act, as amended by the Resource Conservation and Recovery 
Act, 42 U.S.C. 6912(a), 6926, and 6974(b).

Subpart Y--[Amended]

    2. Section 272.1200 is removed and reserved.
    3. Section 272.1201 is revised to read as follows:


Sec. 272.1201  Minnesota State administered program; Final 
authorization.

    Pursuant to section 3006(b) of RCRA, 42 U.S.C. 6926(b), Minnesota 
has final authorization for the following elements as submitted to EPA 
in Minnesota's base program and revision application for final 
authorization as approved by EPA effective on February 11, 1985. 
Subsequent program revision applications were approved effective on 
September 18, 1987, June 23, 1989, August 14, 1990, August 23, 1991, 
May 18, 1992, May 17, 1993, and March 21, 1994.
    (a) State statutes and regulations. (1) The Minnesota statutes and 
regulations cited in appendix A are incorporated by reference as part 
of the hazardous waste management program under subtitle C of RCRA, 42 
U.S.C. 6921 et seq.
    (i) EPA Approved Minnesota Statutory Requirements Applicable to the 
Hazardous Waste Management Program, dated April 5, 1994.
    (ii) EPA Approved Minnesota Regulatory Requirements Applicable to 
the Hazardous Waste Management Program, dated April 5, 1994.
    (2) The following statutes and regulations concerning State 
enforcement, although not incorporated by reference for enforcement 
purposes, are part of the authorized State program: Minnesota Statutes, 
Chapters 14.02-14.56; 115.07 Subdivisions 1 and 3; 115.071, 116.091; 
116.11, and 116B.09 (June 1992 edition).
    (b) [Reserved]
    4. Appendix A to part 272, is amended by adding in alphabetical 
order ``Minnesota'' and its listing to read as follows:

Appendix A to Part 272--State Requirements

Minnesota
* * * * *
    The statutory provisions include: Minnesota Statutes, June 1992 
edition, Chapters 13.03; 13.05 Subdivision 9; 13.08; 13.37; 15.17; 
15.171; 115.061; 115A.03; 116.06; 116.07 Subdivisions 4, 4a, 4b, 5 and 
8; 116.075; 116.081 Subdivisions 1 and 3; and 116.14.
    The regulatory provisions include: Minnesota Rules, June 1992 
edition, 7001.0010; 7001.0020(B); 7001.0030-7001.0150(3)(C); 
7001.0150(3)(E)-7001.0200; 7001.0500-7001.0730(2); 7001.0730(4); 
7045.0020-7045.0143; 7045.0205-7045.0270(6); 7045.0275-7045.0310; 
7045.0351-7045.0685; 7045.0692-7045.0695; 7045.1300-7045.1380 (June 
1992 edition).
* * * * *
[FR Doc. 94-21894 Filed 9-2-94; 8:45 am]
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