[Federal Register Volume 59, Number 202 (Thursday, October 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-26023]


[[Page Unknown]]

[Federal Register: October 20, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 272

[FRL-5076-8]

 

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

AGENCY: Environmental Protection Agency.

ACTION: Immediate final rule.

-----------------------------------------------------------------------

SUMMARY: Under the Resource Conservation and Recovery Act of 1976, as 
amended (RCRA), the U.S. 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 Title 40, 
part 272 of the Code of Federal Regulations (CFR) to provide notice of 
the authorization status of State programs, and to incorporate by 
reference those provisions of the State statutes and regulations that 
EPA will enforce under RCRA section 3008. EPA intends to incorporate by 
reference the Arizona authorized State program in 40 CFR part 272.

EFFECTIVE DATES: This document will be effective December 19, 1994, 
unless EPA publishes a prior Federal Register (FR) action withdrawing 
this immediate final rule. All comments on this action must be received 
by close of business November 21, 1994. The incorporation by reference 
of certain Arizona statutes and regulations was approved by the 
Director of the Federal Register as of December 19, 1994, in accordance 
with 5 U.S.C. 552(a) and 1 CFR part 51.

ADDRESSES: Written comments should be sent to April Katsura, U.S. EPA 
Region IX (H-2-2), 75 Hawthorne Street, San Francisco, California 
94105, (415) 744-2030.

FOR FURTHER INFORMATION CONTACT: April Katsura, U.S. EPA Region IX (H-
2-2), 75 Hawthorne Street, San Francisco, California 94105, (415) 744-
2030.

SUPPLEMENTARY INFORMATION:

Background

    Section 3006 of RCRA, 42 U.S.C. 6926 et seq., allows EPA to 
authorize State hazardous waste programs to operate in the State in 
lieu of the Federal hazardous waste program. The purpose of today's 
Federal Register notice is to incorporate EPA's approval of Arizona's 
base hazardous waste management program and its revisions into 40 CFR 
part 272.
    On November 20, 1985, EPA published a Federal Register notice 
announcing its decision to grant final authorization for the RCRA base 
program to Arizona (see 50 FR 47736). Effective October 7, 1991 (see 56 
FR 37290), September 11, 1992 (see 57 FR 30905 and 57 FR 41699), 
January 22, 1993 (see 57 FR 54932), and December 27, 1993 (58 FR 
57745), EPA granted to Arizona additional authorization.
    Arizona is authorized to implement certain HSWA requirements in 
lieu of EPA. EPA has explicitly indicated its intent to allow such 
action in Federal Register documents granting Arizona authorization 
effective October 7, 1991 (56 FR 37290, August 6, 1991), September 11, 
1992 (57 FR 30905, July 13, 1992; 57 FR 41699, September 11, 1992), 
January 22, 1993 (57 FR 54932, November 23, 1992), and December 27, 
1993 (58 FR 57745, October 27, 1993).
    EPA provides notice of its approval of State programs in 40 CFR 
part 272, and incorporates by reference therein the State statutes and 
regulations that it will enforce under section 3008 of RCRA. This 
effort will provide clearer notice to the public of the authorized 
program in Arizona. Such notice is particularly important in light of 
the Hazardous and Solid Waste Act Amendments of 1984 (HSWA), Public Law 
98-618. Revisions to State hazardous waste programs are necessary when 
Federal statutory or regulatory authority is modified. Because HSWA 
extensively amended RCRA, State programs must be modified to reflect 
those amendments. By incorporating by reference the authorized Arizona 
program and by amending the Code of Federal Regulations whenever a new 
or different set of requirements is authorized in Arizona, the status 
of Federally approved requirements of the Arizona program will be 
readily discernible.
    The Agency will only incorporate by reference for enforcement 
purposes those provisions of the Arizona hazardous waste management 
program for which authorization approval has been granted by EPA. 
Concerning HSWA, some State requirements may be similar to HSWA 
requirements that are in effect under Federal statutory authority in 
that State. However, a State's HSWA-type requirements are not 
authorized and will not be codified into the CFR until the Regional 
Administrator publishes her final decision to authorize the State for 
specific HSWA requirements. Until such time, EPA will enforce the HSWA 
requirements and not the State analogs.

Arizona Authorized Hazardous Waste Program

    To incorporate by reference the Arizona authorized hazardous waste 
program, EPA has added Subpart D to 40 CFR part 272. The State statutes 
and regulations are incorporated by reference at 40 CFR 272.151(b)(1); 
and the Memorandum of Agreement, the Attorney General's Statement and 
the Program Description are referenced at 40 CFR 272.151(b) (4), (5), 
and (6), respectively.
    The Agency retains the authority under sections 3007, 3008, 3013 
and 7003 of RCRA to undertake enforcement actions in authorized States. 
With respect to such enforcement actions, the Agency will rely on 
Federal sanctions, Federal inspection authorities, and the Federal 
Administrative Procedure Act rather than the State authorized analogs 
to these requirements. Therefore, the Agency does not intend to 
incorporate by reference for purposes of enforcement such particular, 
authorized Arizona enforcement authorities. Section 272.151(b)(2) lists 
those authorized Arizona authorities that are part of the authorized 
program but are not incorporated by reference.
    Some provisions of the State's hazardous waste management program 
are not part of the Federally authorized State program. These non-
authorized provisions are not part of the RCRA Subtitle C program 
because they are ``broader in scope'' than RCRA Subtitle C (see 40 CFR 
271.1(i)). As a result, State provisions which are ``broader in scope'' 
than the Federal program are not incorporated by reference for purposes 
of enforcement in 40 CFR part 272. Section 272.151(b)(3) of 40 CFR 
lists for reference and clarity the Arizona statutory and regulatory 
provisions which are ``broader in scope'' than the Federal program and 
which are not, therefore, part of the authorized program being 
incorporated by reference today. ``Broader in scope'' provisions will 
not be enforced by EPA; the State, however, will continue to enforce 
such provisions.
    On July 1, 1987, Arizona renumbered its hazardous waste statutes 
while transferring the statutes from Title 36, Arizona Revised 
Statutes, to Title 49, Arizona Revised Statutes. The table immediately 
below provides the analogs between the former and renumbered provisions 
of the Arizona hazardous waste statutes.

------------------------------------------------------------------------
   Former Arizona provision\1\ by     Renumbered Arizona provision\2\ by
           section number                      section number           
------------------------------------------------------------------------
36-2801............................  49-901                             
36-2802............................  49-902                             
36-2803............................  ...................................
36-2804............................  49-903                             
36-2805............................  49-904                             
36-2806............................  49-905                             
36-2821............................  49-921                             
36-2822............................  49-922                             
                                     49-922.01                          
36-2823............................  49-923                             
36-2824............................  49-924                             
36-2825............................  49-925                             
36-2825.01.........................  49-926                             
36-2826............................  49-927                             
36-2827............................  49-928                             
                                     49-929                             
                                     49-930                             
36-2841............................  49-941                             
36-2842............................  49-942                             
36-2843............................  49-943                             
36-2844............................  49-944                             
------------------------------------------------------------------------
\1\Arizona Revised Statutes, Title 36, adopted effective July 27, 1983. 
\2\Arizona Revised Statutes, Title 49, Sections 49-901 through 49-928,  
  and 49-941 through 49-944, amended effective July 1, 1987; and        
  Sections 49-929 and 49-930, amended effective July 1, 1990.           

    On May 29, 1987, Arizona renumbered its hazardous waste rules while 
transferring the rules from Chapter 8, Title 9 of the Arizona Official 
Compilation of Administrative Rules and Regulations to Chapter 8, Title 
18 of the Arizona Administrative Code. The table immediately below 
provides the analogs between the former and renumbered provisions of 
the Arizona hazardous waste regulations. 

------------------------------------------------------------------------
   Former Arizona provision\3\ by     Renumbered Arizona provision\4\ by
           section number                       section number          
------------------------------------------------------------------------
R9-8-1801 through R9-8-1859 (all     R18-8-201 through R18-8-259 (all   
 reserved).                           reserved)                         
R9-8-1860..........................  R18-8-260.                         
R9-8-1861..........................  R18-8-261.                         
R9-8-1862..........................  R18-8-262.                         
R9-8-1863..........................  R18-8-263.                         
R9-8-1864..........................  R18-8-264.                         
R9-8-1865..........................  R18-8-265.                         
R9-8-1866 (reserved)...............  R18-8-266.                         
R9-8-1867 (reserved)...............  R18-8-267 (reserved).              
R9-8-1868 (reserved)...............  R18-8-268.                         
R9-8-1869..........................  R18-8-269.                         
R9-8-1870..........................  R18-8-270.                         
R9-8-1871..........................  R18-8-271.                         
R9-8-1872 through R9-8-1879 (all     R18-8-272 through R18-8-279 (all   
 reserved..                           reserved).                        
R9-8-1880..........................  R18-8-280.                         
------------------------------------------------------------------------
\3\Hazardous Waste Regulations, Chapter 8, Title 9, Arizona Official    
  Compilation of Administrative Rules and Regulations, adopted effective
  July 24, 1984, amended effective June 27, 1985, and amended effective 
  August 5, 1986.                                                       
\4\Waste Management Rules, Chapter 8, Title 18, Arizona Administrative  
  Code, Sections R18-8-201 through R18-8-280, amended effective May 29, 
  1987.                                                                 

HSWA Provisions

    As noted above, the Agency is not amending 40 CFR part 272 to 
include HSWA requirements and prohibitions that are immediately 
effective in Arizona and other States. Section 3006(g) of RCRA provides 
that any requirement or prohibition of HSWA (including implementing 
regulations) takes effect in authorized States at the same time that it 
takes effect in non-authorized States. Thus, EPA has immediate 
authority to implement a HSWA requirement or prohibition once it is 
effective. A HSWA requirement or prohibition supercedes any less 
stringent or inconsistent State provision which may have been 
previously authorized by EPA (see 50 FR 28702, July 15, 1985).
    Because of the vast number of HSWA statutory and regulatory 
requirements taking effect over the next few years, EPA expects that 
many previously authorized and incorporated by reference State 
provisions will be affected. The States are required to revise their 
programs to adopt the HSWA requirements and prohibitions by the 
deadlines set forth in 40 CFR 271.21, and then to seek authorization 
for those revisions pursuant to 40 CFR part 271. EPA expects that the 
States will modify their programs substantially and repeatedly. Instead 
of amending 40 CFR part 272 every time a new HSWA provision takes 
effect under the authority of RCRA 3006(g), EPA will wait until the 
State receives authorization for its analog to the new HSWA provision 
before amending the section of 40 CFR part 272 applicable to the State. 
In the interim, persons wanting to know whether a HSWA requirement or 
prohibition is in effect should refer to 40 CFR 271.1(j), as amended, 
which lists each such provision.
    Incorporation by reference of State authorized programs in the CFR 
should substantially enhance the public's ability to discern the 
current status of the authorized State program and clarify the extent 
of Federal enforcement authority. This will be particularly true as 
more State program revisions adopting HSWA provisions are authorized.
    As indicated earlier, Arizona is authorized to implement certain 
HSWA requirements in lieu of EPA. EPA has explicitly indicated its 
intent to allow such action in Federal Register documents granting 
Arizona authorization effective October 7, 1991 (56 FR 37290, August 6, 
1991), September 11, 1992 (57 FR 30905, July 13, 1992; 57 FR 41699, 
September 11, 1992), January 22, 1993 (57 FR 54932, November 23, 1992), 
and December 27, 1993 (58 FR 57745, October 27, 1993).

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 decisions already made to authorize 
Arizona'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 rule or a final rule. This rule will 
not impose any information requirements upon the regulated community.

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, Indian lands, 
Intergovernmental relations, Penalties, Reporting and recordkeeping 
requirements, Water pollution control, Water supply.

    Dated: June 14, 1994.
John Wise,
Acting 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 PROGRAM

    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 of 1976, as amended, 42 U.S.C. 6912(a), 6926, and 6974(b).

    2. Subpart D is amended by adding Sec. 272.151 to read as follows:


Sec. 272.151  Arizona State-Administered Program: Final Authorization.

    (a) Pursuant to section 3006(b) of RCRA, 42 U.S.C. 6926(b), Arizona 
has final authorization for the following elements as submitted to EPA 
in Arizona's base program application for final authorization which was 
approved by EPA effective on December 4, 1985. Subsequent program 
revision applications were approved effective on October 7, 1991, 
September 11, 1992, January 22, 1993, and December 27, 1993. Arizona is 
authorized to implement certain HSWA requirements in lieu of EPA. EPA 
has explicitly indicated its intent to allow such action effective on 
October 7, 1991, September 11, 1992, January 22, 1993, and December 27, 
1993.
    (b) State Statutes and Regulations. (1) The Arizona statutes and 
regulations cited in this paragraph 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 Arizona Statutory Requirements Applicable to the 
Hazardous Waste Management Program, June, 1994.
    (ii) EPA Approved Arizona Regulatory Requirements Applicable to the 
Hazardous Waste Management Program, June, 1994.
    (2) The following statutes and regulations concerning State 
enforcement, although not incorporated by reference, are part of the 
authorized State program:
    (i) Arizona Laws Relating to Environmental Quality, 1992 edition, 
reprinted from Arizona Revised Statutes, Title 49, Sections 49-141 
through 49-144; 49-261 through 49-265; 49-287; 49-923 through 49-926; 
49-928; and 49-943.
    (ii) Arizona Administrative Code, Title 18, Chapter 8, March 31, 
1993, Sections R18-8-260.D; R18-8-271.G through R18-8-271.Q; and R-18-
8-280.A through R18-8-280.D.
    (3) The following statutory and regulatory provisions are broader 
in scope than the Federal program, are not part of the authorized 
program, and not incorporated by reference:
    (i) Arizona Laws Relating to Environmental Quality, 1992 edition, 
reprinted from Arizona Revised Statutes, Title 49, Sections 49-901 
through 49-905; 49-922.01; 49-927; 49-929 through 49-942; and 49-944.
    (ii) Arizona Administrative Code, Title 18, Chapter 8, March 31, 
1993, Sections R18-8-261.H; R18-8-269; and R18-8-270.H.
    (4) Memorandum of Agreement. The Memorandum of Agreement between 
EPA Region IX and the Arizona Department of Environmental Quality, 
signed by the EPA Regional Administrator on June 20, 1991, is 
referenced as part of the authorized hazardous waste management program 
under Subtitle C of RCRA, 42 U.S.C. 6921 et seq.
    (5) Statement of Legal Authority. ``Attorney General's Statement 
for Final Authorization'', signed by the Attorney General of Arizona on 
September 13, 1984, and revisions, supplements and addenda to that 
Statement dated November 22, 1989, October 31, 1990, and August 23, 
1993 (two documents) are referenced as part of the authorized hazardous 
waste management program under Subtitle C of RCRA, 42 U.S.C. 6921 et 
seq.
    (6) Program Description. The Program Description and any other 
materials submitted as part of the original application or as 
supplements thereto are referenced as part of the authorized hazardous 
waste management program under Subtitle C of RCRA, 42 U.S.C. 6921 et 
seq.
    3. Appendix A to part 272 is amended by adding in alphabetical 
order, ``Arizona'' and its listing to read as follows:

Appendix A to Part 272--State Requirements

* * * * *

Arizona

    The statutory provisions include:
    Arizona Laws Relating to Environmental Quality, 1992 edition, 
reprinted from Arizona Revised Statutes, Title 49, Sections 49-921, 
and 49-922. Copies of the Arizona statutes can be obtained from the 
State Bar of Arizona, 111 West Munroe, Suite 1800, Phoenix, Arizona 
85003-1742.
    The regulatory provisions include:
    Arizona Administrative Code, Title 18, Chapter 8, March 31, 
1993, Sections R18-8-260.A through R18-8-260.C, R18-8-260.E through 
R18-8-260.G; R18-8-261.A through R18-8-261.H, R18-8-261.J; R18-8-
262; R18-8-263; R18-8-264; R18-8-265; R18-8-266; R18-8-268; R18-8-
270.A through R18-8-270.G, R18-8-270.I through R18-8-270.R; and R18-
8-271.A through R18-8-271.E. Copies of the Arizona regulations can 
be obtained from the Arizona Secretary of State, Publications, 
Notary, Charitable Solicitation & Telemarketing Division, 1700 West 
Washington, 7th Floor, Phoenix, Arizona 85007-2808.
* * * * *
[FR Doc. 94-26023 Filed 10-19-94; 8:45 am]
BILLING CODE: 6560-50-P