[Federal Register Volume 59, Number 203 (Friday, October 21, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-25919]


[[Page Unknown]]

[Federal Register: October 21, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271

[FRL-5093-2]

 

Michigan: Final Authorization to Revisions to State Hazardous 
Waste Management Program

AGENCY: Environmental Protection Agency.

ACTION: Notice of proposed rulemaking and public comment period.

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SUMMARY: Michigan has applied for final authorization of revisions to 
its hazardous waste management program under the Resource Conservation 
and Recovery Act of 1976, as amended (hereinafter RCRA). The 
Environmental Protection Agency (EPA) has reviewed Michigan's 
application and has reached a decision, subject to public review and 
comment, that these hazardous waste management program revisions 
satisfy all of the requirements necessary to qualify for final 
authorization. Thus, EPA intends to approve Michigan's hazardous waste 
management program revisions. Michigan's application for program 
revision is available for public review and comment.

DATES: All comments on this proposed rulemaking must be received by 
4:30 p.m. central time on November 21, 1994.

ADDRESSES: Copies of the State of Michigan's final Authorization 
Revision Application are available during normal business hours at the 
following addresses for inspection and copying: Library of Michigan, 
Government Documents Section, 717 West Allegan, Lansing, Michigan; 
Olson Library, Northern Michigan University, Harden Circle Drive, 
Marquette, Michigan; Ms. Judy Feigler, US EPA Region 5, RCRA Regulatory 
Development Section, 77 West Jackson, Seventh Floor, Chicago, Illinois. 
Written comments should be sent to: Ms. Judy Feigler, RCRA Regulatory 
Development Section (HRM-7J), USEPA, Region 5, 77 West Jackson, 
Chicago, Illinois.

FOR FURTHER INFORMATION CONTACT: Ms. Judy Feigler, RCRA Regulatory 
Development Section, at the USEPA address noted above or telephone 312/
886-4179.

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 management program.
    When either EPA's or a State program's controlling statutory or 
regulatory authority is modified or supplemented, or when certain other 
changes occur, revisions to State hazardous waste management programs 
may be necessary. Most commonly, State program revisions are 
necessitated by changes to EPA's regulations in 40 CFR parts 124, 260 
through 268, and 270. The procedures that States and EPA must follow 
for revision of State programs are found at 40 CFR 271.21.

B. Michigan

    The State of Michigan initially received final authorization for 
its hazardous waste management program effective on October 30, 1986 
(51 FR 36804-36805, October 16, 1986). Subsequently, Michigan received 
authorization for revisions to its program effective on January 23, 
1990 (54 FR 225, November 24, 1989), June 24, 1991 (56 FR 18517, April 
23, 1991), and November 30, 1993 (58 FR 51244, October 1, 1993).
    On November 8, 1991, the Governor of Michigan issued Executive 
Order 1991-31, which resulted in reorganization of the Michigan 
Department of Natural Resources (MDNR), the State agency that 
administers the RCRA program in the State of Michigan. However, the 
Order did not immediately take effect due to court challenges by the 
State House of Representatives and environmental groups. A State 
Supreme Court ruling on September 2, 1993, upheld the Governor's power 
to organize the executive branch and lifted the stay on the Order, 
making the Order immediately effective on September 2, 1993.
    On March 10 and August 18, 1994, Michigan submitted an application 
seeking authorization of the revised program. The application consisted 
of a modified program description, a statement by the Michigan Attorney 
General, and an addendum to the memorandum of agreement between the 
State and EPA outlining the policies, responsibilities and procedures 
under which the program is administered.
    EPA has reviewed Michigan's application and has determined that the 
MDNR's operation of the State hazardous waste management program 
continued on and after September 2, 1993, without interruption, and the 
MDNR has continued to act as the lead State agency responsible for 
administering the program. EPA has also determined that the reorganized 
MDNR did not result in significant modification of Michigan's hazardous 
waste management program, nor did the Order transfer any part of the 
program from the approved State agency to any other State agency. 
Therefore, EPA does not view the reorganization as a transfer within 
the purview of Sec. 271.21(c).
    Consequently, EPA has made a decision, subject to public review and 
comment, that Michigan's hazardous waste program, as revised, satisfies 
all of the requirements necessary to qualify for final authorization. 
The public may submit written comments on EPA's decision up until 
November 21, 1994. Copies of Michigan's application are available for 
inspection and copying at the locations indicated in the Addresses 
section of this notice.
    Approval of Michigan's program revision shall become effective when 
the Regional Administrator's final approval is published in the Federal 
Register. If adverse comment pertaining to Michigan's program revision 
is received during the comment period, EPA will publish either: (1) A 
notice of disapproval; or (2) a final rulemaking approving the 
modifications, which would include appropriate comment response.
    If final approval is granted, Michigan will maintain final 
authorization to operate its hazardous waste management program as 
revised. MDNR will continue to have responsibility for permitting 
treatment, storage, and disposal facilities within its borders and 
carrying out other aspects of the RCRA program, subject to the 
limitation of its revised program application and previously approved 
authorities. Michigan also will maintain 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.
    Michigan is not seeking authority to operate the Federal program on 
Indian lands. This authority will remain with EPA unless provided 
otherwise in a future statute or regulation.

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, nor will it 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: September 30, 1994.
Valdas V. Adamkus,
Regional Administrator.
[FR Doc. 94-25919 Filed 10-20-94; 8:45 am]
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