[Federal Register Volume 61, Number 27 (Thursday, February 8, 1996)]
[Rules and Regulations]
[Pages 4742-4747]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2724]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-5308-5]
Michigan: Final Authorization of Revisions to State Hazardous
Waste Management Program
AGENCY: Environmental Protection Agency.
ACTION: Immediate final rule.
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SUMMARY: Michigan has applied for final authorization of revisions to
its hazardous waste program under the Resource Conservation and
Recovery Act of 1976 as amended (hereinafter ``RCRA''). The
Environmental Protection Agency (EPA) has reviewed Michigan's
application and has reached a decision, subject to public review and
comment, that Michigan's hazardous waste program revisions satisfy all
the requirements necessary to qualify for final authorization. Thus,
EPA intends to approve Michigan's hazardous waste program revisions,
subject to authority retained by EPA under the Hazardous and Solid
Waste Amendments of 1984 (hereinafter HSWA). Michigan's application for
program revision is available for public review and comment.
EFFECTIVE DATE: Final authorization for Michigan's program revisions
shall be effective April 8, 1996 unless EPA publishes a prior Federal
Register (FR) action withdrawing this immediate final rule. All
comments on Michigan's program revision application must be received by
the close of business on March 9, 1996. 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.
ADDRESSES: Written comments should be sent to Ms. Judy Feigler,
Michigan Regulatory Specialist, U.S. EPA, Office of RCRA, DR-7J, 77
West Jackson Boulevard, Chicago, Illinois 60604, phone (312) 886-4179.
Copies of Michigan's program revision application are available for
inspection and copying at the following addresses from 9 a.m. to 4
p.m.: Michigan Department of Environmental Quality, 608 W. Allegan,
Hannah Building, Lansing, Michigan. Contact: Ms. Ronda Blayer, Phone:
(517) 373-9548; U.S. EPA, Region V, 77 West Jackson Boulevard, Chicago,
Illinois 60604, contact: Ms. Judy Feigler, (312) 886-4179.
FOR FURTHER INFORMATION CONTACT:
Ms. Judy Feigler, Michigan Regulatory Specialist, U.S. Environmental
Protection Agency, Region V, Office of RCRA, DR-7J, 77 West Jackson
Boulevard, Chicago, Illinois 60604, Phone: (312) 886-4179.
SUPPLEMENTARY INFORMATION:
A. Background
States with final authorization under section 3006(b) of RCRA, 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 accordance with 40 CFR 271.21(a), 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 necessary because of changes
to EPA's regulations in 40 CFR parts 124, 260-268 and 270.
B. Michigan
Michigan initially received final authorization for its base RCRA
program effective on October 30, 1986 (51 FR 36804-36805, October 16,
1986). Michigan received authorization for revisions to its program
effective on January 23, 1990 (54 FR 225, November 24, 1989), June 24,
1991 (56 FR 18517, April 23, 1991), November 30, 1993 (58 FR 51244,
October 1, 1993), and January 13, 1995 (60 FR 3095, January 13, 1995).
On June 18, 1994, Michigan revised its hazardous waste rules. On March
30, 1995, Michigan recodified its hazardous waste statute, Act 64, in
Part 111 of the Natural Resources and Environmental Protection Act,
1994 Public Act 451, as amended (Act 451). On November 9, 1995,
Michigan completed a revision application seeking authorization for the
program revisions. EPA has reviewed this application and has made an
immediate final decision that Michigan's hazardous waste program
revision satisfies all the requirements necessary to qualify for final
authorization. Consequently, EPA intends to grant final authorization
to Michigan for its additional program revisions. The public may submit
written comments on EPA's immediate final decision up until March 9,
1996. Copies of Michigan's application for program revision are
available for inspection and copying at the locations
[[Page 4743]]
indicated in the Addresses section of this notice.
Approval of Michigan'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.
On April 8, 1996 (unless EPA publishes a prior FR action
withdrawing this immediate final rule), Michigan will be authorized to
carry out, in lieu of the Federal program, those provisions of the
State's program which are analogous to the following Federally-
initiated changes to provisions of the Federal program:
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Federal requirement Analogous State authority
------------------------------------------------------------------------
Hazardous and Used Oil Fuel Michigan Combined Laws (MCL),
Criminal Penalties, HSWA Secs. Sections 324.11105, 324.11127,
3006(h), 3008(d), and 3014, 324.11138, and 324.11151, enacted
November 8, 1984. March 30, 1995.
Corrective Action, 50 FR 28702, MCL Sections 324.11102, 324.11105,
July 15, 1985. 324.11115a, and 324.11127, enacted
March 30, 1995; Michigan
Administrative Code (MAC), Rule
(R) 299.9503(3) (a) and (b), R
299.9601 (1) and (2)(j), R
299.9612, R 299.9629(1), R
299.9712, R 299.9713, and R
299.11003(1)(l), effective June
18, 1994
Burning of Waste Fuel and Used Oil MAC R 299.9623(1)(b), effective
Fuel in Boilers and Industrial April 20, 1988; R 299.9802,
Furnaces, 50 FR 49164, November effective February 15, 1989; MAC
29, 1985, as amended at 52 FR Rule R 299.9104(e), R 299.9109(i),
11819, April 13, 1987. R 299.9203(4)(b), R 299.9205 (3)
(a)-(d) and (8), R 299.9206
(2)(e), (3) (c), (g), (h) and (k),
R 299.9601 (1), (3) and (8), R
299.9801(1), R 299.9802, R
299.9805, R 299.9806, R 299.9807,
and R 299.11003(1)(o), effective
June 18, 1994.
Listing of EBDC, 51 FR 37725, MAC R 299.9216 (1) and (2),
October 24, 1986. effective April 20, 1988; MAC R
299.9222 and R 299.11003(1)(i),
effective June 18, 1994.
Revised Manual SW-846; Amended MAC R 299.11005 (1) and (2),
Incorporation by Reference, 52 FR effective June 18, 1994.
8072, March 16, 1987.
California List Waste Restrictions: MAC R 299.9311, R 299.9413, R
Technical Corrections, 52 FR 299.9627, R 299.11003(1)(p), and R
41295, October 27, 1987. 299.11005 (1) and (2), effective
June 18, 1994.
Permit Application Requirements MAC R 299.9508(1)(b), effective
Regarding Corrective Action, 52 FR April 20, 1988; MAC R 299.9504
25788, December 1, 1987. (1)(c) and (18), and R
299.11003(1)(q), effective June
18, 1994.
Corrective Action Beyond the MAC R 299.9629 (2) and (7),
Facility Boundary, 52 FR 45788, effective June 18, 1994.
December 1, 1987.
Corrective Action for Injection MAC R 299.9503 (3)(a)(i) and (5), R
Wells, 52 FR 45788, December 1, 299.9601(4), and R
1987. 299.11003(1)(b), effective June
18, 1994.
Permit Modification, 52 FR 45788, MAC R 299.9519(3)(b), effective
December 1, 1987. June 18, 1994.
Permit as a Shield Provision, 52 FR MAC R 299.9516, effective April 20,
45788, December 1, 1987. 1988.
Permit Conditions to Protect Human MAC R 299.9508(1)(b) and R
Health and the Environment, 52 FR 299.9521(3)(b), effective April
45788, December 1, 1987. 20, 1988; R 299.9504(16),
effective June 18, 1994.
Farmer Exemptions; Technical MAC R 299.9204(3)(b), R
Corrections, 53 FR 27164, July 19, 299.9301(2)(c), R 299.9311, R
1988. 299.9413, R 299.9503(1)(c), R
299.9601 (3), (6), and (8), R
299.9627, and R 299.11003(1) (o)
and (p), effective June 18, 1994.
Treatability Studies Sample MAC R 299.9108(j), and R 299.9204
Exemption, 53 FR 27290, July 19, (7) and (8), effective June 18,
1988. 1994.
Land Disposal Restrictions for MAC R 299.9609 (1)(a) and (2)-(5),
First Third Scheduled Wastes, 53 effective November 19, 1991; MAC R
FR 31138, August 17, 1988, as 299.9311, R 299.9413, R 299.9601
amended at 54 FR 8264, February (1), (2) (c) and (d), (3) and (8),
27, 1989. R 299.9605 (1) and (3), R
299.9627, R 299.9801(3), and R
299.11003(1) (l), (m), (o) and
(p), effective June 18, 1994.
Financial Responsibility for Third MAC R 299.9705(1), effective
Party Liability, Closure, and Post- December 28, 1985; MAC rule R
Closure, 53 FR 33938, September 1, 299.9701(4) and R 299.9709,
1988, as amended at 56 FR 30200, effective February 15, 1989; MAC R
July 1, 1991. 299.9710, effective June 18, 1994.
Standards for Hazardous Waste MAC R 299.9103(b) (i) and (ii), R
Storage and Treatment Tank 299.9109(p)(iii), R 299.9601 (1),
Systems, 53 FR 34079, September 2, (2) (f) and (h), R 299.9613 (1)
1988. and (6), R 299.9615 (1) and (7),
and R 299.11003(1) (l) and (o),
effective June 18, 1994.
Identification and Listing of MAC R 299.9216 (1) and (2),
Hazardous Waste and Designation, effective April 20, 1988; MAC R
Reportable Quantity and 299.9222 and R 299.11003(1)(l),
Notification, 53 FR 35412, effective June 18, 1994.
September 13, 1988.
Permit Modification for Hazardous MAC R 299.9520, effective April 20,
Waste Management Facilities, 53 FR 1988; R 299.9103 (a), (k), and
37912, September 28, 1988, as (aa), R 299.9511, and R 299.9519,
amended at 53 FR 41649, October effective June 18, 1994.
24, 1988.
Statistical Methods for Evaluating MAC R 299.9612 (1) and (2) and R
Ground-Water Monitoring Data from 299.11003(1)(l), effective June
Hazardous Waste Facilities, 53 FR 18, 1994.
39720, October 11, 1988.
Removal of Iron Dextran from List MAC R 299.9216 (1) and (2),
of Hazardous Wastes, 53 FR 43878, effective April 20, 1988; MAC R
October 31, 1988. 299.9225 and R 299.11003(1)(i),
effective June 18, 1994.
Removal of Strontium Sulfide from MAC R 299.9216 (1) and (2),
the List of Hazardous Wastes, 53 effective April 20, 1988; MAC R
FR 43881, October 31, 1988. 299.9224 and R 299.11003(1)(i),
effective June 18, 1994.
Changes to 40 CFR Part 124 Not MAC R 299.9509, R 299.9513, and R
Accounted for by Present RCRA 299.9514(2)(b), effective December
Revision Checklists, 54 FR 246, 28, 1985; MAC R 299.9508 (3) and
January 4, 1989; 53 FR 37396, (4), R 299.9510, R 299.9520(3),
September 26, 1988; 53 FR 28118, and R 299.9521, effective April
July 26, 1988; 48 FR 30113, June 20, 1988; MAC R 299.9503, R
30, 1983; 48 FR 14146, April 1, 299.9504 (15) and (18), R
1983. 299.9511, R 299.9519 (1) and (2),
and R 299.11003(1)(q), effective
June 18, 1994.
Amendments to Hazardous Waste MAC R 299.9626 (4)-(6), effective
Incinerator Permit Requirements, December 28, 1985; MAC R
54 FR 4286, January 30, 1989. 299.9508(1)(b) and R 299.9521 (3)
and (4), effective April 20, 1988;
MAC R 299.9504(4) (a) and (b),
effective June 18, 1994.
[[Page 4744]]
Changes to Interim Status MAC R 299.9501, effective November
Facilities for Hazardous Waste 19, 1991; MAC R 299.9515(1) and R
Management Permits Procedures for 299.9517(2)(b), effective April
Post-Closure Permitting, 54 FR 20, 1988; MAC R 299.9502, R
9596, March 7, 1989. 299.9503, R 299.9518(2)(c), R
299.9522(2), R 299.9601 (1)(a),
(2)(f), and (2)(j), R 299.9629, R
299.11003(1)(q), effective June
18, 1994.
Land Disposal Restrictions for MAC R 299.9311, R 299.9413, R
First Third Scheduled Wastes, 54 299.9627, and R 299.11003(1)(p),
FR 18836, May 2, 1989. effective June 18, 1994.
Land Disposal Restrictions for MAC R 299.9311, R 299.9413, R
Second Third Scheduled Wastes, 54 299.9627, and R 299.11003(1)(p),
FR 26594, June 23, 1989. effective June 18, 1994.
Delisting; Correction, 54 FR 27114, MAC R 299.9211, effective February
June 27, 1989. 15, 1989; MAC R 299.11003(1)(g),
effective June 18, 1994.
Delay of Closure Period for MAC R 299.9702 (1) and (2),
Hazardous Waste Management effective April 20, 1988; MAC R
Facilities, 54 FR 33376, August 299.9601 (1), (2)(f), (3), and
14, 1989. (8), R 299.9605 (1) and (3), R
299.9613 (1) and (6), and R
299.11003(1) (l), (m), and (o),
effective June 18, 1994.
Mining Waste Exclusion I, 54 FR MAC R 299.9204(2) (h) and (i),
36592, September 1, 1989. effective June 18, 1994.
Land Disposal Restrictions: MAC R 299.9311, R 299.9413, R
Corrections to First Third 299.9627, R 299.9801(3), and R
Scheduled Wastes, 54 FR 36967, 299.11003(1)(p), effective June
September 6, 1989, as amended at 18, 1994.
55 FR 23935, June 13, 1990.
Testing and Monitoring Activities, MAC R 299.9216 (1) and (2),
54 FR 40260, September 29, 1989. effective April 20, 1988; MAC R
299.11003(1)(i) and R 299.11005
(1) and (2), effective June 18,
1994.
Reportable Quantity Adjustment MAC R 299.9216 (1) and (2), R
Methyl Bromide Production Wastes, 299.9222, and R 299.11003(1)(i),
54 FR 41402, October 6, 1989. effective June 18, 1994.
Hazardous Waste Management Systems: MAC R 299.9216 (1) and (2),
Identification and Listing CERCLA 299.9220, and 299.11003(1)(i),
Substance Designation Reportable effective June 18, 1994.
Quantity Adjustment, 54 FR 50968,
December 11, 1989.
Mining Waste Exclusion II, 55 FR MAC R 299.9102(n), R
2322, January 23, 1990. 299.9204(2)(h), and R 299.9304
(2)(d) and (4)(h), effective June
18, 1994.
Modification of F019 Listing, 55 FR MAC R 299.9220, effective June 18,
5340, February 14, 1990. 1994.
Testing and Monitoring Activities, MAC R 299.11003(1)(i) and R
55 FR 8948, March 9, 1990. 299.11005(1), effective June 18,
1994.
Toxicity Characteristic Revisions, MAC R 299.9204 (2) (f), (k), and
55 FR 11798, March 29, 1990, as (l) and (9), R 299.9209(5), R
amended at 55 FR 26986, June 29, 299.9212(4), R 299.9217, R
1990. 299.9601 (3) and (8), R
299.11003(1) (l), (o), (p), and
(r), effective June 18, 1994.
Listing of 1,1-dimethylhydrazine MAC R 299.9216 (1) and (2),
Production Wastes, 55 FR 18496, effective April 20, 1988; MAC R
May 2, 1990. 299.9222 and R 299.11003(1)(i),
effective June 18, 1994.
Criteria for Listing Toxic Wastes, MAC R 299.9209 (1) and (7) and R
55 FR 18726, May 4, 1990. 299.11003(1)(h), effective June
18, 1994.
HSWA Codification Rule, Double MAC R 299.9616 (1) and (4),
Liners; Corrections, 55 FR 1926, effective December 28, 1985; MAC R
May 9, 1990. 299.9619 (1) and (6), and R
299.11003(1)(l), effective June
18, 1994.
Land Disposal Restrictions for MAC R 299.9616 (1) and (2), R
Third Third Scheduled Wastes, 55 299.9617 (1) and (3), and R
FR 22520, June 1, 1990. 299.9618 (1) and (2), effective
December 28, 1985; MAC R
299.9214(1)(c), effective November
19, 1991; MAC R 299.9212(6), R
299.9302 (1)(b) and (2), R
299.9311, R 299.9413, R
299.9519(5)(b)(ii), R 299.9601
(1), (3), and (8), R 299.9605 (1)
and (3), R 299.9619 (1) and (6), R
299.9220, R 299.9627, and R
299.11003(1) (i), (l), (o), and
(p), effective June 18, 1994.
Organic Air Emission Standards for MAC R 299.9508(1)(b), effective
Process Vents and Equipment Leaks, April 20, 1988; MAC R 299.9609
55 FR 25454, June 21, 1990. (1)(a), (1)(b), and (5), effective
November 19, 1991; MAC R
299.9206(1) (b)-(d), R 299.9504
(1)(c), (12), (13), and (18), R
299.9601, R 299.9605 (1) and (3),
R 299.9630 (1) and (2), R 299.9631
(1) and (2), R 299.11001(1) (a),
(j), (k), (l), (m), (o), (q), (r),
(s), (t), and (3), effective June
18, 1994.
Petroleum Refinery Primary and MAC R 299.9213 (4)-(7), R 299.9220,
Secondary Oil/Water/Solids and R 299.11003(1)(i), effective
Separation Sludge Listings--F037 June 18, 1994.
and F038, 55 FR 46354, November 2,
1990, as amended at 55 FR 51707,
December 17, 1990.
Wood Preserving Listings, 55 FR MAC R 299.9102(v), R 299.9204(1)
50450, December 6, 1990. (i) and (j), R 299.9220, R
299.9227, R 299.9306, R 299.9504
(14) and (18), R 299.9508(1)(b), R
299.9601, R 299.9615 (1) and (7),
R 299.9632 (1) and (2), and R
299.11003(1) (i), (l), (o), and
(q), effective June 18, 1994.
Land Disposal Restrictions for MAC R 299.9203(5)(a), R
Third Third Scheduled Wastes; 299.9212(6), R 299.9220, R
Technical Amendments, 56 FR 3864, 299.9302(1)(b), R 299.9306(4)(e),
January 31, 1991. R 299.9311, R 299.9413, R
299.9627, and R 299.11003(1)(p),
effective June 18, 1994.
Toxicity Characteristic; MAC R 299.9204(2)(m), effective
Chlorofluorocarbon Refrigerants, June 18, 1994.
56 FR 5910, February 13, 1991.
Removal of Strontium Sulfide from MAC R 299.9216 (1) and (2),
the List of Hazardous Wastes; effective April 20, 1988; MAC R
Technical Amendment, 56 FR 7567, 299.9224, and R 299.11003(1)(i),
February 25, 1991. effective June 18, 1994.
Organic Air Emission Standards for MAC R 299.9609 (1)(a) and (5),
Process Vents and Equipment Leaks; effective November 19, 1991; MAC R
Technical Amendment, 56 FR 19290, 299.9504 (12) and (18), R
April 26, 1991. 299.9601, R 299.9630 (1) and (2),
R 299.9631 (1) and (2), and R
299.11003(1) (l), (m), (o), and
(q), effective June 18, 1994.
[[Page 4745]]
Petroleum Refinery Primary and MAC R 299.9220, effective June 18,
Secondary Oil/Water/Solids 1994.
Separation Sludge Listings--F037
and F038; Revisions, 56 FR 21955,
May 13, 1991.
Mining Waste Exclusion III, 56 FR MAC R 299.9204(2)(h), effective
27300, June 13, 1991. June 18, 1994.
Wood Preserving Listings; Technical MAC R 299.9306(1) (a)-(d) and R
Corrections, 56 FR 30192, July 1, 299.9508(1)(b), effective April
1991. 20, 1988; MAC R 299.9204(1)( i)
and (j), R 299.9227(2)-(4), R
299.9504 (14) and (18), R 299.9601
(1), (3), and (8), R 299.9632 (1)
and (2), and R 299.11003(1) (l),
(o), and (q), effective June 18,
1994.
Land Disposal Restrictions for MAC R 299.9203(4) (c) and (d), R
Electric Arc Furnace Dust--K061, 299.9204(1)(k), R 299.9311, R
56 FR 41164, August 19, 1991. 299.9413, R 299.9627, and R
299.11003(1)(p), effective June
18, 1994.
Exports of Hazardous Waste; MAC R 299.9309 (1) and (4),
Technical Correction, 56 FR 43704, effective April 20, 1988; MAC R
September 4, 1991. 299.11003(1)(j), effective June
18, 1994.
Land Disposal Restrictions for MAC R 299.9311, R 299.9413, R
Third Third Scheduled Wastes; 299.9601 (3) and (8), R 299.9605,
Technical Amendments, 57 FR 8086, R 299.9627, and R 299.11003(1)
March 6, 1992. (l), (o), and (p), effective June
18, 1994.
Used Oil Filter Exemption, 57 FR MAC R 299.9204(2)(o), effective
21524, May 20, 1992. June 18, 1994.
Toxicity Characteristic Revision, MAC R 299.9204(2)(i), effective
57 FR 23062, June 1, 1992. June 18, 1994.
Used Oil Filter Exemption; MAC R 299.9204(2)(o), effective
Technical Corrections, 57 FR June 18, 1994.
29220, July 1, 1992.
Toxicity Characteristic Revisions; MAC R 299.9204(2) (g) and (k),
Technical Corrections, 57 FR effective June 18, 1994.
30657, July 10, 1992.
Wood Preserving Listings, 57 FR MAC R 299.9220, R 299.9601 (1), (3)
61492, December 24, 1992. and (8), R 299.9632, and R
299.11003(1) (l) and (o),
effective June 18, 1994.
------------------------------------------------------------------------
In addition, Michigan will be authorized to carry out, in lieu of
the Federal program, the following State-initiated changes to
provisions of the State's program, which are analogous to the following
Resource Conservation and Recovery Act rules found at Title 40 of the
Code of Federal Regulations:
------------------------------------------------------------------------
State Requirement Federal Requirement
------------------------------------------------------------------------
Michigan Administrative Code (MAC) 40 CFR 262.60(b)(2).
Rule (R) 299.9101(t)*.
MAC R 299.9104(i)*................ 40 CFR 262.60.
MAC R 299.9109(e)*................ 40 CFR 262.60(b)(2).
MAC R 299.9205*................... 40 CFR 261.5.
MAC R 299.9206(1)*................ 40 CFR 261.6(a)(1).
MAC R 299.9206(5)*................ 40 CFR 264.11.
MAC R 299.9207(3)(b)(ii)*......... 40 CFR 261.7(b)(1)(iii)(B).
MAC R 299.9207(5)*................ 40 CFR 261.7(b)(3).
MAC R 299.9212(1)(a)*............. 40 CFR 261.21(a)(1).
MAC R 299.9306(1)(a)(i)*.......... 40 CFR 262.34(a)(1)(i).
MAC R 299.9306(1)(a)(ii)*......... 40 CFR 262.34(a)(1)(ii).
MAC R 299.9306(1)(d)*............. 40 CFR 262.34(a)(4).
MAC R 299.9306(1)(e)*............. 40 CFR 262.34(a)(4).
MAC R 299.9306(2)*................ 40 CFR 262.34(c)(1).
MAC R 299.9306(3)*................ 40 CFR 262.34(b).
MAC R 299.9306(4)*................ 40 CFR 262.34(d).
MAC R 299.9306(4)(c)*............. 40 CFR 262.34(d)(2).
MAC R 299.9306(4)(i)(iii)*........ 40 CFR 262.34(d)(5)(iv)(C).
MAC R 299.9306(4)(j)*............. 40 CFR 262.34(d).
MAC R 299.9306(4)(k)*............. 40 CFR 262.34(d).
MAC R 299.9310(2)(a)*............. 40 CFR 262.60(b)(1).
MAC R 299.9503(1)(a)*............. 40 CFR 270.1(c)(2)(ii).
MAC R 299.9503(3)*................ 40 CFR 270.60(c).
MAC R 299.9503(3)(b)(iii)*........ 40 CFR 270.60.(c)(3)(iv).
MAC R 299.9506(1)(g)*............. 40 CFR 270.14(c)(4).
MAC R 299.9506(2)(a)(ii)*......... 40 CFR 270.14(c)(5) and 264.97(a).
MAC R 299.9506(2)(a)(v)*.......... 40 CFR 270.14(c)(5) and 264.97(a).
MAC R 299.9506(2)(f)*............. 40 CFR 270.14(c)(5) and 264.97(a).
MAC R 299.9506(4)(d)*............. 40 CFR 270.14(c)(7)(iv) and
264.94(a).
MAC R 299.9511*................... 40 CFR 124.6
MAC R 299.9518(1)*................ 40 CFR 270.10(c) and 270.14(a).
MAC R 299.9518(4)*................ 40 CFR 124.10(c)(1)(i).
MAC R 299.9518(5)*................ 40 CFR 264.112(d)(3) and
265.112(d)(3).
MAC R 299.9518(6)*................ 40 CFR 264.112(d)(3) and
265.112(d)(3), 270.51(c)(2).
MAC R 299.9519(1)*................ 40 CFR 270.41.
MAC R 299.9601(2)(b)*............. 40 CFR 265.1(b) and 265.50.
MAC R 299.9601(2)(f)*............. 40 CFR 264.112(d)(3), 264.113, 40
CFR 265.112(d)(3), and 265.113.
MAC R 299.9601(2)(i)*............. 40 CFR 268.1.
MAC R 299.9601(4)*................ 40 CFR 264.1(d).
[[Page 4746]]
MAC R 299.9605(2)*................ 40 CFR 261.7.
MAC R 299.9607(2)*................ 40 CFR 264.56(d).
MAC R 299.9607(3)*................ 40 CFR 264.56(j).
MAC R 299.9611(2)(a)*............. 40 CFR 264.98.
MAC R 299.9611(3)(a)(iii)*........ 40 CFR 264.90(c)(3).
MAC R 299.9612(1)*................ 40 CFR 264.90(a).
MAC R 299.9612(1)(b)*............. 40 CFR 264.97.
MAC R 299.9612(1)(d)*............. 40 CFR 264.94(a).
MAC R 299.9612(1)(e)(i)*.......... 40 CFR 264.97(h).
MAC R 299.9612(1)(f)*............. 40 CFR 264.99(a).
MAC R 299.9612(1)(h)*............. 40 CFR 264.90(b).
MAC R 299.9613(1)*................ 40 CFR 264.110.
MAC R 299.9613(2)*................ 40 CFR 264.112(d)(1).
MAC R 299.9613(3)*................ 40 CFR 264.115.
MAC R 299.9613(5)*................ 40 CFR 264.120.
MAC R 299.9615(2)(a)*............. 40 CFR 264.193(e).
MAC R 299.9615(3)*................ 40 CFR 264.192(a)(3).
MAC R 299.9619(1)*................ 40 CFR 264.316.
MAC R 299.9619(5)(a)(i)*.......... 40 CFR 264.310.
MAC R 299.9619(5)(a)(ii)*......... 40 CFR 264.310.
MAC R 299.9619(6)*................ 40 CFR 264.316.
MAC R 299.9629(4)*................ 40 CFR 264.100 (a) and (b).
MAC R 299.9629(5)*................ 40 CFR 264.100(c).
MAC R 299.9629(6)*................ 40 CFR 264.100(d).
MAC R 299.9629(7)*................ 40 CFR 264.100(e).
MAC R 299.9629(8)*................ 40 CFR 264.100(f).
MAC R 299.9629(9)*................ 40 CFR 264.100(g).
MAC R 299.9629(10)*............... 40 CFR 264.100(h).
------------------------------------------------------------------------
*Effective June 18, 1994
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. EPA has previously suspended issuance of permits for the
other provisions on October 30, 1986; January 23, 1990; and June 24,
1991, the effective dates of Michigan's final authorizations for the
RCRA base program and for the Non-HSWA Cluster I, Cluster II, and
Cluster III revisions.
Michigan is not authorized to operate the Federal program on Indian
lands. This authority remains with EPA unless provided otherwise in a
future statute or regulation.
C. Decision
I conclude that Michigan's application for program revision meets
all the statutory and regulatory requirements established by RCRA.
Accordingly, Michigan is granted final authorization to operate its
hazardous waste program as revised. Michigan now has responsibility for
permitting treatment, storage, and disposal facilities within its
borders and carrying out other aspects of the RCRA program described in
its revised program application, subject to the limitations of the
HSWA. Michigan also has primary enforcement responsibilities, although
EPA retains the right to conduct inspections under Section 3007 of RCRA
and to take enforcement actions under Sections 3008, 3013, and 7003 of
RCRA.
D. Incorporation by Reference
EPA incorporates by reference authorized State programs in part 272
of 40 CFR to provide notice to the public of the scope of the
authorized program in each State. Incorporation by reference of these
revisions to the Michigan program will be completed at a later date.
Compliance With Executive Order 12291
The Office of Management and Budget has exempted this rule from the
requirements of section 3 of Executive Order 12291.
Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Pub.
L. 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
one year. When a written statement is needed for an EPA rule, section
205 of the UMRA generally requires EPA to identify and consider a
reasonable number of regulatory alternatives and adopt the least
costly, most cost-effective, or least burdensome alternative that
achieves the objectives of the rule. The provisions of section 205 do
not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective, or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, giving
them meaningful and timely input in the development of EPA regulatory
proposals with significant Federal intergovernmental mandates, and
informing, educating, and advising them on compliance with the
regulatory requirements.
EPA has determined that this rule does not contain a Federal
mandate that
[[Page 4747]]
may result in expenditures of $100 million or more for State, local,
and tribal governments, in the aggregate, or the private sector in any
one year. EPA does not anticipate that the approval of Michigan's
hazardous waste program referenced in today's notice will result in
annual costs of $100 million or more.
EPA's approval of State programs generally have a deregulatory
effect on the private sector because once it is determined that a State
hazardous waste program meets the requirements of RCRA section 3006(b)
and the regulations promulgated thereunder at 40 CFR part 271, owners
and operators of hazardous waste treatment, storage, or disposal
facilities (TSDFs) may take advantage of the flexibility that an
approved State may exercise. Such flexibility will reduce, not
increase, compliance costs for the private sector. Thus, today's rule
is not subject to the requirements of sections 202 and 205 of the UMRA.
EPA has determined that this rule contains no regulatory
requirements that might significantly or uniquely affect small
governments. The Agency recognizes that small governments may own and/
or operate TSDFs that will become subject to the requirements of an
approved State hazardous waste program. However, such small governments
which own and/or operate TSDFs are already subject to the requirements
in 40 CFR parts 264, 265, and 270. Once EPA authorizes a State to
administer its own hazardous waste program and any revisions to that
program, these same small governments will be able to own and operate
their TSDFs with increased levels of flexibility provided under the
approved State program.
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
Michigan'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.
Paperwork Reduction Act
Under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., Federal
agencies must consider the paperwork burden imposed by any information
request contained in a proposed rule or a final rule. This rule will
not impose any information requirements upon the regulated community.
List of Subjects in 40 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 and 6974(b).
Dated: January 11, 1996.
Valdas V. Adamkus,
Regional Administrator.
[FR Doc. 96-2724 Filed 2-7-96; 8:45 am]
BILLING CODE 6560-50-P