[Federal Register Volume 60, Number 105 (Thursday, June 1, 1995)]
[Rules and Regulations]
[Pages 28538-28540]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-13371]



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[[Page 28539]]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-5213-4]


Mississippi; Final Authorization of Revisions to State Hazardous 
Waste Management Program

AGENCY: Environmental Protection Agency.

ACTION: Immediate final rule.

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SUMMARY: Mississippi has applied for final authorization of revisions 
to its hazardous waste program under the Resource Conservation and 
Recovery Act (RCRA). Mississippi's revisions consist of provisions 
contained in RCRA Cluster II and other provisions in Miscellaneous 
Clusters. These requirements are listed in Section B of this notice. 
The Environmental Protection Agency (EPA) has reviewed Mississippi's 
applications and has made a decision, subject to public review and 
comment, that Mississippi's hazardous waste program revisions satisfy 
all of the requirements necessary to qualify for final authorization. 
Thus, EPA intends to approve Mississippi's hazardous waste program 
revisions. Mississippi's applications for program revisions are 
available for public review and comment.

DATES: Final authorization for Mississippi's program revisions shall be 
effective July 31, 1995, unless EPA publishes a prior Federal Register 
action withdrawing this immediate final rule. All comments on 
Mississippi's program revision applications must be received by the 
close of business, July 3, 1995.

ADDRESSES: Copies of Mississippi's program revision applications are 
available during 8 a.m. to 4:30 p.m. at the following addresses for 
inspection and copying: Mississippi Department of Environmental 
Quality, 2380 Highway 80 West, P.O. Box 10385, Jackson, Mississippi 
39209, (601) 961-5062; 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 vmx. 2018.

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. Mississippi

    Mississippi initially received final authorization for its base 
RCRA program effective on June 27, 1984. Mississippi received 
authorization for revisions to its program on October 17, 1988, October 
9, 1990, May 28, 1991, August 27, 1991, July 10, 1992, June 7, 1993, 
December 20, 1993, and May 17, 1994.
    On July 9, 1993, Mississippi submitted program revision 
applications for additional program approvals. Today, Mississippi is 
seeking approval of its program revisions in accordance with 40 CFR 
271.21(b)(3).
    EPA has reviewed Mississippi's applications and has made an 
immediate final decision that Mississippi'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 Mississippi. 
The public may submit written comments on EPA's immediate final 
decision up until July 3, 1995.
    Copies of Mississippi's applications for these program revisions 
are available for inspection and copying at the locations indicated in 
the Addresses section of this notice. Approval of Mississippi's program 
revisions shall become effective July 31, 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.
    Mississippi is today seeking authority to administer the following 
Federal requirements promulgated on July 1, 1991-June 30, 1992, for 
RCRA II and other provisions in miscellaneous clusters.

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                                                                FR      
         Federal requirement             FR reference      promulgation 
                                                               date     
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Checklist 92--Wood Preserving         56 FR 30192                 7/1/91
 Listing: Technical Corrections.                                        
Checklist 95--Land Disposal           56 FR 41164                8/19/91
 Restrictions for Electric Arc                                          
 Furnace Dust (K061).                                                   
Checklist 99--Amendments to Interim   56 FR 66365               12/23/91
 Status Standards for Downgradient                                      
 Ground-Water Monitoring Well                                           
 Locations at Hazardous Waste                                           
 Facilities.                                                            
Checklist 100--Liners and Leak        57 FR 3462                 1/29/92
 Detection System for Hazardous                                         
 Waste Land Disposal Units.                                             
Checklist 102--Second Correction to   57 FR 8086                  3/6/92
 the Third Third Land Disposal                                          
 Restrictions.                                                          
Checklist 103--Hazardous Debris Case- 57 FR 20766                5/15/92
 by-Case Capacity Variance.                                             
Checklist 104--Used Oil Filter        57 FR 21524                5/20/92
 Exclusion.                                                             
Checklist 106--Lead-Bearing           57 FR 28628                6/26/92
 Hazardous Materials Case-by-Case                                       
 Capacity Variance.                                                     
Checklist 7--Warfarin & Zinc          49 FR 19922                5/10/84
 Phosphide Listing.                                                     
Checklist 8--Lime Stabilized Pickle   49 FR 23284                 6/5/84
 Liquor Sludge.                                                         
[[Page 28540]]
                                                                        
Checklist 9--Household Waste........  49 FR 44978               11/13/84
Checklist 48--Farmer Exemption;       53 FR 27164                7/19/88
 Technical Correction.                                                  
Checklist 54--Permit Modifications    53 FR 37912                9/28/88
 for Hazardous Waste Management                                         
 Facilities.                                                            
Checklist 59--Hazardous Waste         54 FR 615                   1/9/89
 Miscellaneous Units; Standards                                         
 Applicable to Owners and Operators.                                    
Checklist 60--Amendment to            54 FR 4286                 1/30/89
 Requirements for Hazardous Waste                                       
 Incinerator Permits.                                                   
Checklist 82--Wood Preserving         55 FR 50450                 2/6/90
 Listings.                                                              
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  Mississippi's applications for these program revisions meet all of 
the statutory and regulatory requirements established by RCRA. 
Accordingly, Mississippi is granted final authorization to operate its 
hazardous waste program as revised.
    Mississippi 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. 
Mississippi 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 
Mississippi'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

    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: May 12, 1995.
John H. Hankinson, Jr.,
Regional Administrator.
[FR Doc. 95-13371 Filed 5-31-95; 8:45 am]
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