[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]



40 CFR Part 271


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.

Section, Waste Programs Branch, Waste Management Division, U.S. 
Environmental Protection Agency, 345 Courtland Street, NE, Atlanta, 
Georgia 30365; (404) 347-2234.


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 
    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 
    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-    
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).  
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.    
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-       
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);  
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]