[Federal Register Volume 61, Number 101 (Thursday, May 23, 1996)]
[Rules and Regulations]
[Pages 25794-25796]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12864]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271

[FRL-5508-3]


Tennessee; Final Authorization of Revisions to State Hazardous 
Waste Management Program

AGENCY: Environmental Protection Agency.

ACTION: Immediate final rule.

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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 certain rules promulgated between February 21, 1991, and 
September 30, 1992, which fall within RCRA Clusters I-III. These 
requirements are listed in Section B of this notice. The Environmental 
Protection Agency (EPA) has reviewed Tennessee's application 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 
application for program revisions is available for public review and 
comment.

DATES: Final authorization for Tennessee's program revisions shall be 
effective July 22, 1996, unless EPA publishes a prior Federal Register 
action withdrawing this immediate final rule. All comments on 
Tennessee's program revision application must be received by the close 
of business, June 24, 1996.

ADDRESSES: Copies of Tennessee's program revision application 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 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) 347-3555 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. Tennessee

    Tennessee initially received final authorization for its base RCRA 
program effective on February 8, 1985. Tennessee has received 
authorization for revisions to its program on August 11, 1987, October 
1, 1991, November 6, 1991, July 31, 1992, and July 7, 1995. On December 
5, 1994, Tennessee submitted a program revision application for 
additional approvals. Today, Tennessee is seeking approval of its 
program revisions in accordance with 40 CFR 271.21(b)(3).
    EPA has reviewed Tennessee's application 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 June 
24, 1996.
    Copies of Tennessee'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 Tennessee's program revisions shall become effective 
July 22, 1996, 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.
    Tennessee is today seeking authority to administer the following 
Federal requirements promulgated on February 21, 1991, through 
September 30, 1992.

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                                                                                              FR                                                        
        Checklist               Federal requirement                FR Reference          Promulgation                   State authority                 
                                                                                             date                                                       
--------------------------------------------------------------------------------------------------------------------------------------------------------
85.......................  Burning of Hazardous Waste in  56 FR 7134                          2/21/91  TCA 68-212-104(7);                               
                            Boilers and Industrial                                                     TCA 68-212-106(a)(1);                            
                            Furnaces.                                                                  TCA 68-212-107(a), (d)(1), (3)&(4);              
                                                                                                       TRC 1200-1-11-.01(2)(a)&(b)1; .02(1)(b);         
                                                                                                        .02(1)(d)1(x); .02(1)(d)3(ii)(I-IV); .02(1)(f); 
                                                                                                        .06(7)(a); .06(15)(a); .05(7)(a); .05(15)(a);   
                                                                                                        .09(1)(a); .07(5)(b); .07(9)(c)5; .07(10)(a);   
                                                                                                        .07(1)(j); .07(3)(a).                           

[[Page 25795]]

                                                                                                                                                        
94.......................  Burning of Hazardous Waste in  56 FR 32688                         7/17/91  TCA 68-212-107(a),(d)(3,4,&6);                   
                            Boilers and Industrial                                                     TRC 1200-1-11-.02(1)(c)3(ii)(II)II; .02(1)(f)1;  
                            Furnaces; Corrections and                                                   .05(16)(a)1; .11(1)(a); .09(8)(a)1; .09(9)(a)1; 
                            Technical Amendments I.                                                     .07(5)(b)12; .07(9)(c)5; .07(1)(j)1; .07(3)(a)1.
96.......................  Burning of Hazardous Waste in  56 FR 42504                         8/27/91  TCA 68-212-104(7); TCA 68-212-106(a)(1); TCA 68- 
                            Boilers and Industrial                                                      212-107(a)(d)(3,4,&6); TRC 1200-1-11-.02(1)(b)1;
                            Furnaces, Technical                                                         .05(7)(a)1; .09(8)(a)1; .09(9)(a)1.             
                            Amendments II.                                                                                                              
98.......................  Coke Ovens Administrative      56 FR 43874                          9/5/91  TCA 68-212-104(7&15); TCA 68-212-106(a)(1); TCA  
                            Stay.                                                                       68-212-107(a)(d)(1,3,4,&6); TRC 1200-1-11-      
                                                                                                        .09(8)(a)1.                                     
111......................  Boilers and Industrial         57 FR 38558                         8/25/92  TCA 68-212-104(7); TCA 68-212-106(a)(1); TCA 68- 
                            Furnaces; Technical                                                         212-107(a) & (d)(1)-(3); TCA 68-211-105(c); TCA 
                            Amendment III.                                                              68-211-106(a)(1)&(2); TCA 68-211-107(a); TCA 68-
                                                                                                        211-111(d); TCA 68-211-1001 et.seq.; TCA 68-212-
                                                                                                        111(d); TRC 1200-1-11-.01(2)(a); .01(3)(a)1;    
                                                                                                        .02(1)(b); .06(1)(b)2(ii-iii); .09(1)(a).       
114......................  Boilers and Industrial         57 FR 44999                         9/30/92  TCA 68-211-105(c); TCA 68-211-106(a)(1)&(2); TCA 
                            Furnaces; Technical                                                         68-211-107(a); TCA 68-211-111(d); TCA 68-211-   
                            Amendment IV.                                                               1001 et.seq.; TCA 68-211-104(7); TCA 68-212-    
                                                                                                        106(a)(1); TCA 68-212-107(a), (d)(1) & (d)(3);  
                                                                                                        TRC 1200-1-11-.09(1)(a).                        
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C. Decision

    I conclude that Tennessee's application 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.

Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), P.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 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 
Tennessee'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 has 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 
Tennessee's

[[Page 25796]]

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: May 14, 1996.
A. Stanley Meiburg,
Acting Regional Administrator.
[FR Doc. 96-12864 Filed 5-22-96; 8:45 am]
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