[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