[Federal Register Volume 60, Number 168 (Wednesday, August 30, 1995)] [Rules and Regulations] [Pages 45069-45071] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 95-21281] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 271 [FRL-5286-3] Georgia: Final Authorization of State Hazardous Waste Management Program Revisions 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 the rules promulgated for the Burning of Hazardous Waste in Boilers and Industrial Furnaces. 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 revision satisfies 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 shall be effective October 30, 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 September 29, 1995. ADDRESSES: Copies of Georgia's program revision application are available during regular office hours of 9 a.m. to 5 p.m., Monday through Friday, at the following addresses for inspection and copying: Georgia Department of Natural Resources, Environmental Protection Division, Floyd Towers East, Room 1154, 205 Butler St., SE, Atlanta, Georgia 30334; U.S. EPA Region 4, Library, 345 Courtland Street, NE, Atlanta, Georgia 30365; (404) 347-4216, vmx 6050. Or you may contact the State Coordinator at (404) 347-2234, vmx 2004. 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. 6929(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 [[Page 45070]] HSWA requirements under Section 3006(g) of RCRA, 42 U.S.C. 6926(g), and later apply for final authorization for 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 124, 260 through 266, 268, 270, and 279. 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 III on July 10, 1995. Today Georgia is seeking approval of the Burning of Hazardous Waste in Boilers and Industrial Furnaces (BIF) rules which are contained in RCRA Clusters I, II, and 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 revision satisfies 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 September 29, 1995. Copies of Georgia's application are available for inspection and copying at the locations indicated in the addresses section of this notice. Approval of Georgia's program revision shall become effective in 60 days unless an adverse comment pertaining to the State's revision 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. ---------------------------------------------------------------------------------------------------------------- Federal requirement HSWA or FR notice Promulgation State authority ---------------------------------------------------------------------------------------------------------------- Checklist 85 BIF Rule......... 56 FR 7134.............. 2/21/91 391-3-11.07(1), 391-3-11.11(3)(d)(e)&(g)(7)(d),&(13) ............ OCGA 12-8-62(2),(10),(20), 12-8-64(1)(J), 12-8-64(1)(M), 12-8-65(a)(16)&(21), 12-8-66 Checklist 94 BIF Rule......... 56 FR 32688............. 7/17/91 391-3-11--.10(1) & (3), 391-3-11--.11(3)(e)&(g)(7)(d)&(10) OCGA 12-8-62(11)&(13), 12-8-64(1)(A)(B)(C)(D)(F)(I), 12-8-65(a)(3)&(21), 12-8-66 Checklist 96 BIF Rule......... 56 FR 42504............. 8/27/91 391-3-11--.07 OCGA 12-8-62(10)(11)(13)(20), 12-8-64(1)(M)(A)(B)(C)(D)(F)(I), 12-8-65(a)(3)(16)(21) Checklist 98 BIF Rule......... 56 FR 43874............. 9/5/91 391-3-11--.10(3) OCGA 12-8-64(1)&(2), 12-8-65(a)(3)(16)(21), 12-8-66 Checklist 111 BIF Rule........ 57 FR 38558............. 8/25/92 391-3-11--.02(1), 391-3-11--.07(1)(2), 391-3-11--.10(1)(2)(3) OCGA 12-8-62(10)(20), 12-8-64(1)(M), 12-8-65(a)(16)(21) Checklist 114 BIF Rule........ 57 FR 44999............. 9/30/92 391-3-11--.02(1), 391-3-11--.07(1)(2), 391-3-11--.10(1)(2)(3), OCGA 12-8-62(11)(13), 12-8-64(1)(A)(B)(C)(D)(E)(F)(I), 12-8-66 ---------------------------------------------------------------------------------------------------------------- Georgia is not authorized by the Federal government to operate the RCRA program on Indian Lands; this authority remains with EPA unless provided otherwise in a future statute or regulation. C. Decision I conclude that Georgia's application for program revisions meets all of the [[Page 45071]] statutory and regulatory requirements established by RCRA. Accordingly, Georgia is granted final authorization to operate its hazardous waste program as revised. 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 Environmental protection, Administrative practice and procedure, Confidential business information, Hazardous waste transportation, Hazardous waste, Indian lands, Intergovernmental relations, Penalties, Reporting and record keeping 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. 95-21281 Filed 8-29-95; 8:45 am] BILLING CODE 6560-50-P