[Federal Register Volume 61, Number 31 (Wednesday, February 14, 1996)]
[Rules and Regulations]
[Pages 5718-5719]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3026]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271

[FRL-5420-5]


Alabama; Final Authorization of a Revision to State Hazardous 
Waste Management Program

AGENCY: Environmental Protection Agency.

ACTION: Immediate final rule.

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SUMMARY: Alabama has applied for final authorization of a revision to 
its hazardous waste program under the Resource Conservation and 
Recovery Act (RCRA). Alabama's revision consists of the Corrective 
Action provision contained in HSWA Cluster I. This requirement is 
listed in Section B of this document. The Environmental Protection 
Agency (EPA) has reviewed Alabama's application and has made a 
decision, subject to public review and comment, that Alabama's 
hazardous waste program revision satisfies all of the requirements 
necessary to qualify for final authorization. Thus, EPA intends to 
approve Alabama's hazardous waste program revision. Alabama's 
application for program revision is available for public review and 
comment.

DATES: Final authorization for Alabama's program revision shall be 
effective April 15, 1996, unless EPA publishes a prior Federal Register 
action withdrawing this immediate final rule. All comments on Alabama's 
program revision application must be received by the close of business, 
March 15, 1996.

ADDRESSES: Copies of Alabama's program revision application are 
available during 8:00 am to 4:30 pm at the following addresses for 
inspection and copying: Alabama Department of Environmental Management, 
1751 Congressman W.L. Dickinson Drive, Montgomery, Alabama 36109-2608, 
(334) 271-7700; 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 (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 124, 260-268 and 270.

B. Alabama

    Alabama initially received final authorization for its base RCRA 
program effective on December 22, 1987. Alabama received authorization 
for revisions to its program on January 28, 1992, July 12, 1992, 
December 21, 1992, May 17, 1993, November 23, 1993, April 4, 1994, 
January 13, 1995 and October 13, 1995. On March 1, 1990, Alabama 
submitted a program revision application for additional program 
approvals. Today, Alabama is seeking approval of its program revision 
in accordance with 40 CFR 271.21(b)(3).
    EPA has reviewed Alabama's application and has made an immediate 
final decision that Alabama's hazardous waste program revision 
satisfies all of the requirements necessary to qualify for final 
authorization. Consequently, 

[[Page 5719]]
EPA intends to grant final authorization for the additional program 
modification to Alabama. The public may submit written comments on 
EPA's immediate final decision up until March 15, 1996.
    Copies of Alabama's application for this program revision are 
available for inspection and copying at the locations indicated in the 
Addresses section of this notice. Approval of Alabama's program 
revisions shall become effective April 15, 1996, 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.
    Alabama is today seeking authority to administer the following 
Federal requirement promulgated on July 15, 1985, for Corrective 
Action.

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                                                                    FR                                          
      Federal requirement                FR reference          promulgation            State authority          
                                                                   date                                         
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Checklist 17L HSWA Codification  50 FR 28702.................       7/15/85  335-14-5-.06(1)(a).                
 Rule; Corrective Action.                                                                                       
                                                                             335-14-5-.06(12)(a)(b).            
                                                                             335-14-8-.06.                      
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    Alabama's application for this program revision meets all of the 
statutory and regulatory requirements established by RCRA. Accordingly, 
Alabama is granted final authorization to operate its hazardous waste 
program as revised.
    Alabama 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. Alabama 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.

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 
Alabama'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: January 31, 1996.
Phyllis P. Harris,
Acting Regional Administrator.
[FR Doc. 96-3026 Filed 2-13-96; 8:45 am]
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