[Federal Register Volume 60, Number 164 (Thursday, August 24, 1995)]
[Rules and Regulations]
[Pages 43979-43981]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20764]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-5282-6]
Tennessee; Final Authorization of Revisions to State Hazardous
Waste Management Program
AGENCY: Environmental Protection Agency.
ACTION: Immediate final rule.
-----------------------------------------------------------------------
SUMMARY: Tennessee has applied for final authorization of revisions to
its hazardous waste program under the Resource Conservation and
Recovery Act (RCRA). Tennessee's revisions consist of the provisions
contained in rules promulgated between January 26, 1983, and June 30,
1986, otherwise known as the Non-HSWA requirements prior to Non-HSWA
Cluster I and Non-HSWA Clusters I and II. These requirements are listed
in Section B of this notice. The Environmental Protection Agency (EPA)
has reviewed Tennessee's applications and has made a decision, subject
to public review and comment, that Tennessee's hazardous waste program
revisions satisfy all of the requirements necessary to qualify for
final authorization. Thus, EPA intends to approve Tennessee's hazardous
waste program revisions. Tennessee's applications for program revisions
are available for public review and comment.
DATES: Final authorization for Tennessee's program revisions shall be
effective October 23, 1995, unless EPA publishes a prior Federal
Register action withdrawing this immediate final rule. All comments on
Tennessee's program revision applications must be received by the close
of business, September 25, 1995.
ADDRESSES: Copies of Tennessee's program revision applications are
available during normal business hours at the following addresses for
inspection and copying: Tennessee Department of Environment and
Conservation, 5th Floor, L & C Tower, 401 Church Street, Nashville,
Tennessee 37243-1535; U.S. EPA Region 4, Library, 345 Courtland St. 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. Tennessee
Tennessee initially received final authorization for its base RCRA
program effective on February 5, 1985. Tennessee
[[Page 43980]]
has received authorization for revisions to its program on August 11,
1987, October 1, 1991, and July 31, 1992. On February 16, 1989,
Tennessee submitted a program revision application for additional
program approvals. Today, Tennessee is seeking approval of its program
revisions in accordance with 40 CFR 271.21(b)(3).
EPA has reviewed Tennessee's applications and has made an immediate
final decision that Tennessee'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 Tennessee. The public may
submit written comments on EPA's immediate final decision up until
September 25, 1995.
Copies of Tennessee'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 Tennessee's program revisions shall become effective
October 23, 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.
Tennessee is today seeking authority to administer the following
Federal requirements promulgated on July 1, 1988-June 30, 1989, and
March 29, 1990.
----------------------------------------------------------------------------------------------------------------
FR Promulgation date and
Checklist Federal requirement page State authority
----------------------------------------------------------------------------------------------------------------
1............ Biennial report......... 1/28/83--48 FR 3977 TRC 1200-1-11-.03(5)(a)2; .03(5)(b)1&3;
.06(5)(a-c); .05(5)(a); .05(5)(a)5;
.05(6)(a); .07(8)(a)12(ix); TCA 68-46-
107(d)(6).
3............ Interim status 11/22/83--48 FR 52718 TRC 1200-1-11-.05(1)(b)1; TCA 68-46-
standards; 106(a)(3); 68-46-108; 68-46-107(d)(2-4).
applicability.
4............ Chlorinated aliphatic 2/10/84--49 FR 5308 TRC 1200-1-11-.02(4)(a); .02(5)(a); TCA 68-
hydrocarbon listing. 46-106(a)(1); 68-46-107(d)(1).
6............ Permit rules; settlement 4/24/84--49 FR 17716 TRC 1200-1-11-.07(3)(a); TCA 68-46-108.
agreement.
7............ Warfarin and zinc 5/10/84--49 FR 19922 TRC 1200-1-11-.02(4)(a); TCA 68-46-
phosphide listing. 106(a)(1); 68-46-107(d)(1).
8............ Lime stabilized pickle 6/5/84--49 FR 23284 TRC 1200-1-11-.02(1)(c)3(II); TCA 68-46-
liquor sludge. 106(a)(1); 68-46-107(d)(1).
9............ Household waste......... 11/13/84--49 FR 44978 TRC 1200-1-11-.02(1)(d)2(i); TCA 68-46-
106(a)(1); 68-46-107(d)(1).
10........... Interim status 11/21/84--49 FR 46094 TRC 1200-1-11-.05(1)(a); .05(1)(b)1; TCA 68-
standards; 46-106(a)(3); 68-46-108; 68-46-107(d)(2-
applicability. 4).
11........... Corrections to test 12/4/84--49 FR 47390 TRC 1200-1-11-.01(2)(b)1; .01(3)(b); TCA 68-
methods manual. 46-106(a)(1); 68-46-107(d)(1)
12........... Satellite accumulation.. 12/20/84--49 FR 49568 TRC 1200-1-11-.03(4)(e)4; TCA 68-46-
108(a)(2).
13........... Definition of solid 1/4/85--50 FR 614 TRC 1200-1-11-.01(2)(a); .01(4)(a);
waste. .01(4)(b); .01(5)(a); .01(4)(c)1;
.01(5)(b)1; .01(4)(c)2; .01(5)(b)2;
.01(6)(a); .01(6)(b); .02(1)(a);
.02(1)(b); .02(1)(c)3(ii); .02(1)(d)1(ii-
iii); .06(1)(b)2(ii); .06(15)(a);
.05(1)(b)2(iii); .02(1)(e); .02(1)(f);
.02(4)(a); .05(15)(a); .05(16)(a);
.09(1)(a); TCA 68-46-104(7); 68-46-
104(17); 68-46-106(a); 68-46-107(d).
15........... Interim status standards 4/23/85--50 FR 16044 TRC 1200-1-11-.05(11)(a); .05(13)(a);
for treatment, storage, .05(14)(a); TCA 68-46-107(d); 68-46-108.
and disposal facilities.
24........... Financial 5/2/86--51 FR 16422 TRC 1200-1-11-.01(2)(a); .06(7)(a);
responsibility; .06(8)(b); .06(8)(c); .06(8)(d);
settlement agreement. .06(8)(e); .06(8)(f); .06(8)(m)4&8;
.05(7)(a); .05(8)(a); .05(8)(b);
.05(8)(c); .05(8)(d); .05(8)(e);
.05(8)(f); .05(8)(k); .07(5)(a);
.07(9)(e)5; .07(3)(a); TCA 68-46-107(d);
68-46-108.
26........... Listing of spent pickle 5/28/86--51 FR 19320 TRC 1200-1-11-.02(4)(a); TCA 68-46-
liquor. 106(a)(1); 68-46-107(d)(1).
----------------------------------------------------------------------------------------------------------------
C. Decision
I conclude that Tennessee's applications for these program
revisions meet all of the statutory and regulatory requirements
established by RCRA. Accordingly, Tennessee is granted final
authorization to operate its hazardous waste program as revised.
Tennessee 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. Tennessee
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
[[Page 43981]]
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
Tennessee'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: August 10, 1995.
Patrick M. Tobin,
Acting Regional Administrator.
[FR Doc. 95-20764 Filed 8-23-95; 8:45 am]
BILLING CODE 6560-50-P