[Federal Register Volume 60, Number 168 (Wednesday, August 30, 1995)]
[Rules and Regulations]
[Pages 45071-45072]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-21279]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271

[FRL-5286-2]


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 III. These requirements are listed in Section 
B of this notice. The Environmental Protection Agency (EPA) has 
reviewed Mississippi's application 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 application for 
program revisions is available for public review and comment.

DATES: Final authorization for Mississippi's program revisions shall be 
effective October 30, 1995 unless EPA publishes a prior Federal 
Register action withdrawing this immediate final rule. All comments on 
Mississippi's program revision application must be received by the 
close of business, September 29, 1995.

ADDRESSES: Copies of Mississippi's program revision application are 
available during 8:00am to 4:30pm 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 4, 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 
(Public Law 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, May 17, 1994, and July 31, 1995. On August 10, 1994, 
Mississippi submitted a program revision application 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 application 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 September 29, 1995.
    Copies of Mississippi'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 Mississippi's program 
revisions shall become effective October 30, 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.

[[Page 45072]]

    Mississippi is today seeking authority to administer the following 
Federal requirements promulgated on July 1, 1992-June 30, 1993, for 
RCRA III.

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                                                                 FR     
       Federal requirement              FR reference        promulgation
                                                                date    
------------------------------------------------------------------------
Checklist 107:                                                          
    Oil Filter Exclusion........  57 FR 29220.............        7/1/92
Checklist 108:                                                          
    Toxicity Characteristic       57 FR 30657.............       7/10/92
     Revision; Technical                                                
     Correction.                                                        
Checklist 109:                                                          
    Land Disposal Restrictions    57 FR 37194.............       8/18/92
     for Newly Listed Wastes and                                        
     Hazardous Debris.                                                  
Checklist 110:                                                          
    Coke By-Products Listing....  57 FR 37284.............       8/18/92
Checklist 112:                                                          
    Recycled Used Oil Management  57 FR 41566.............       9/10/92
     Standards.                                                         
Checklist 113:                                                          
    Consolidated Liability        53 FR 33938.............        9/1/88
     Requirements.                                                      
                                  56 FR 30200.............        7/1/91
                                  57 FR 42832.............       9/16/92
Checklist 115:                                                          
    Reportable Quantity           57 FR 47376.............      10/15/92
     Adjustment, Chlorinated                                            
     Toluene Production Wastes.                                         
Checklist 118:                                                          
    Liquids in Landfills........  57 FR 54452.............      11/18/92
Checklist 119:                                                          
    Toxicity Characteristic       57 FR 55114.............      11/24/92
     Revision; Correction.                                              
                                  58 FR 6854..............        2/2/93
Checklist 120:                                                          
    Wood Preserving; Technical    57 FR 61492.............      12/24/92
     Amendment.                                                         
Checklist 122:                                                          
    Recycled Used Oil Management  58 FR 26420.............        5/3/93
     Standards; Technical                                               
     Amendments.                                                        
Checklist 124:                                                          
    Land Disposal Restrictions    58 FR 29860.............       5/24/93
     for Ignitable and Corrosive                                        
     Characteristic Wastes.                                             
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    Mississippi's application 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: August 18, 1995.
Patrick M. Tobin,
Acting Regional Administrator.
[FR Doc. 95-21279 Filed 8-29-95; 8:45 am]
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