[Federal Register Volume 60, Number 90 (Wednesday, May 10, 1995)] [Rules and Regulations] [Pages 24790-24792] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 95-11395] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 271 [FRL-5204-5] Georgia; Final Authorization of Revisions to State Hazardous Waste Management Program AGENCY: Environmental Protection Agency. ACTION: Immediate final rule. ----------------------------------------------------------------------- SUMMARY: Georgia has applied for final authorization of revisions to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). Georgia's revisions consist of the provisions contained in rules promulgated between July 1, 1992, and June 30, 1993, otherwise known as [[Page 24791]] RCRA Cluster III. These requirements are listed in Section B of this notice. The Environmental Protection Agency (EPA) has reviewed Georgia's application and has made a decision, subject to public review and comment, that Georgia's hazardous waste program revisions satisfy all of the requirements necessary to qualify for final authorization. Thus, EPA intends to approve Georgia's hazardous waste program revisions. Georgia's application for program revisions is available for public review and comment. DATES: Final authorization for Georgia's program revisions shall be effective July 10, 1995, unless EPA publishes a prior Federal Register action withdrawing this immediate final rule. All comments on Georgia's program revision application must be received by the close of business July 9, 1995. ADDRESSES: Copies of Georgia's program revision application are available during normal business hours at the following addresses for inspection and copying: Georgia Department of Natural Resources, Environmental Protection Division, Floyd Towers East, Room 1154, 205 Butler Street, SE, Atlanta, Georgia 30334; U.S. EPA Region IV, Library, 345 Courtland Street, NE, Atlanta, Georgia 30365; (404) 347-4216. Written comments should be sent to Al Hanke at the address listed below. 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 (Pub. L. 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 260-268 and 124 and 270. B. Georgia Georgia initially received final authorization for its base RCRA program effective on August 21, 1984. Georgia has received authorization for revisions to its program through RCRA Cluster II on June 27, 1994, (4/26/94, 59 FR 21664). Today, Georgia is seeking approval of its program revisions in RCRA Cluster III in accordance with 40 CFR 271.21(b)(3). EPA has reviewed Georgia's application and has made an immediate final decision that Georgia'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 Georgia. The public may submit written comments on EPA's immediate final decision up until June 9, 1995. Copies of Georgia'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 Georgia's program revisions shall become effective July 10, 1995, 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. Georgia is today seeking authority to administer the following Federal requirements promulgated on July 1, 1992, through June 30, 1993. ---------------------------------------------------------------------------------------------------------------- Federal requirement HSWA or FR Notice Promulgation State authority ---------------------------------------------------------------------------------------------------------------- Checklist 107.--Oil filter 57 FR 29220 7/1/92 391-3-11-.07(1); 12-8-62(10); 12-8- exclusion. 64(1)(J); 12-8-65(a)(16) and (21) OCGA. Checklist 108.--Toxicity 57 FR 30657 7/10/92 391-3-11-.07(1); 391-3-11-.10(1); 12-8- characteristic revision; 62(10); 12-8-64(1)(D) and (E); 12-8- correction. 65(a)(16) and (21) OCGA. Checklist 109.--Land 57 FR 37194 8/18/92 391-3-11-.02,-.07,-.08,-.10,-.11,-.05, and- disposal restrictions .16; 12-8-62(13) and (14); 12-8- (LDR); newly listed waste. 64(1)(A)(B)(C)(D)(E)(F) and (I); 12-8- 65(a)(16)(21); 12-8-66. Checklist 110.--Coke by- 57 FR 37284 8/18/92 391-3-11-.07; 12-8-62(10)(20); 12-8- products listings. 64(1)(J); 12-8-65(a)(16)(21). Checklist 112.--Recycled 57 FR 41566 9/10/92 391-3-11-.02-.07-.10-.17; 12-8- used oil management 62(11)(13)(22); 12-8- standards. 64(A)(B)(C)(D)(E)(F)(I); 12-8- 65(a)(3)(16)(21); 12-8-66. Checklist 113.--Financial 57 FR 42832 9/16/92 391-3-11-.05; 12-8-62(11)(13); 12-8- responsibility for third 64(1)(A)(C)(D)(E)(F); 12-8-69(2)(3)(16) party liability. and (21); 12-8-68(c); 12-8-65(a)(3)(16) and (21). Checklist 115.--Reportable 57 FR 47376 10/15/92 391-3-11-.07(1); 12-8-62(10); 12-8- Quantity Adjustment, 64(1)(D)(E); 12-8-65(a)(16)(21). chlorinated toluene production wastes. [[Page 24792]] Checklist 118.--Liquids in 57 FR 54452 11/18/92 391-3-11-.02(1) and (2) and .10(1) and Landfills II. (2); 12-8-64(1)(A)(B)(D)(F)(I); 12-8- 65(a)(16)(21); 12-8-66(a). Checklist 119.--Toxicity 57 FR 55114 11/24/92 391-3-11-.07; 12-8-62(10); 12-8- characteristic revision. 64(1)(D)(E); 12-8-65(a)(16)(21). 58 FR 6854 2/2/93 391-3-11-.07(1). Checklist 120--Wood 57 FR 61492 12/24/92 391-3-11-.07(1); 391-3-11-.10(2) and (1); preserving; technical 12-8-62(10)(11)(13); 12-8-64(1)(D)(E); 12- amendment. 8-65(a)(16)(21)(3); 12-8- 64(1)(A)(B)(C)(D)(F) and (I); 12-8-66. Checklist 121.--Corrective 58 FR 8658 2/16/93 391-3-11-.02(1); 391-3-11-.10(2) and (1); action management units and 391-3-11-.16; 391-3-11-.11(12); 391-3-11- temporary units. .11(7)(d); 12-8-64(1)(A)(B)(D)(F)(I); 12- 8-65(a)(16)(21); 12-8-66(e). Checklist 122.--Recycled 58 FR 26420 5/3/93 391-3-11-.07(1). 391-3-11-.10(2) and (1); used oil management standards. 58 FR 33341 6/17/93 391-3-11-.17; 12-8-62(11)(13)(22); 12-8- 64(1)(A)(B)(C)(D)(E)(F) and (I); 12-8- 65(a)(3)(16) and (21); 12-8-66. NCL.--LDR amendent third.... 58 FR 14317 3/17/93 391-3-11-.16. Checklist 123.--LDR 58 FR 28506 5/14/93 391-3-11-.16; 12-8-62(13)(14); 12-8- hazardous waste debris case- 64(1)(A)(B)(D)(F) and (I); 12-8- by-case capacity variance. 65(a)(16)(21); 12-8-66. Checklist 124.--LDR for 58 FR 29860 5/24/93 391-3-11-.10(2) and (1); 391-3-11-.16; 391- iqnitable and corrosive 3-11-.11(7)(d); 12-8-62(13)(14); 12-8- characteristic wastes. 64(1)(A)(B)(C)(D)(E)(F) and (I); 12-8- 65(a)(16)(21); 12-8-66. ---------------------------------------------------------------------------------------------------------------- Footnote: Checklist 117B--Georgia adopted 40 CFR Part 261, 1992, by reference at 391-3-11-.07(i). The wording ``Toxicity Characteristic'' is correct in the 1992 CFR. Since Georgia did not adopt subsequent final optional rules that incorrectly changed the wording, Georgia did not cite 57 CFR 23062 specifically. C. Decision I conclude that Georgia's application for these program revisions meets all of the statutory and regulatory requirements established by RCRA. Accordingly, Georgia is granted final authorization to operate its hazardous waste program as revised. Georgia 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 and previously approved authorities. Georgia also has primary enforcement responsibilities, although EPA retains the right to conduct inspections under Section 3007 of RCRA and to take enforcement actions under Section 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 Georgia'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: April 28, 1995. Patrick M. Tobin, Acting Regional Administrator. [FR Doc. 95-11395 Filed 5-9-95; 8:45 am] BILLING CODE 6560-50-P