[Federal Register Volume 61, Number 101 (Thursday, May 23, 1996)]
[Rules and Regulations]
[Pages 25799-25801]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12887]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271

[FRL-5508-2]


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

AGENCY: Environmental Protection Agency.

ACTION: Immediate final rule.

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SUMMARY: Kentucky has applied for final authorization of revisions to 
its hazardous waste program under the Resource Conservation and 
Recovery Act (RCRA). Kentucky's revisions consist of the provisions 
contained in certain rules promulgated between July 1, 1987, through 
June 30, 1992, which fall within HSWA Cluster II, Non-HSWA Cluster VI, 
and RCRA Clusters I and II. These requirements are listed in Section B 
of this notice. The Environmental Protection Agency (EPA) has reviewed 
Kentucky's application and has made a decision, subject to public 
review and comment, that Kentucky's hazardous waste program revisions 
satisfy all of the requirements necessary to qualify for final 
authorization. Thus, EPA intends to approve Kentucky's hazardous waste 
program revisions. Kentucky's application for program revisions is 
available for public review and comment.

DATES: Final authorization for Kentucky'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 
Kentucky's program revision application must be received by the close 
of business, June 24, 1996.

ADDRESSES: Copies of Kentucky's program revision application are 
available during normal business hours at the following addresses for 
inspection and copying: Kentucky Department for Environmental 
Protection, Division of Waste Management, Fort Boone Plaza, Building 2, 
18 Reilly Road, Frankfort, Kentucky 40601, (502) 564-6716; 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. Kentucky

    Kentucky initially received final authorization for its base RCRA 
program effective on January 31, 1985. Kentucky has received 
authorization for revisions to its program on March 13, 1995, December 
19, 1988, March 20, 1989, May 15, 1989, and November 30, 1992. In 
August 1994, Kentucky submitted a program revision application for 
additional program approvals. Today, Kentucky is seeking approval of 
its program revisions in accordance with 40 CFR 271.21(b)(3).
    EPA has reviewed Kentucky's application and has made an immediate 
final decision that Kentucky'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 Kentucky. The public may 
submit written comments on EPA's immediate final decision up until June 
24, 1996.
    Copies of Kentucky'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 Kentucky's program revisions shall become effective 
July 22, 1996, unless an adverse comment

[[Page 25800]]

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.
    Kentucky is today seeking authority to administer the following 
Federal requirements promulgated between July 1, 1987, and June 30, 
1992.

----------------------------------------------------------------------------------------------------------------
                                                   FR                                                           
      Checklist         Federal requirement   promulgation    HSWA or FR reference         State authority      
                                                  date                                                          
----------------------------------------------------------------------------------------------------------------
42..................  Exception Reporting          9/23/87  52 FR 35894              KRS 224.46-570; 401 KAR    
                       for Small Quantity                                             32:040Sec.  3(1)-(2).     
                       Generators of                                                                            
                       Hazardous Waste.                                                                         
44A.................  Permit Application           12/1/87  52 FR 45788              KRS 224.46-520; 401 KAR    
                       Requirements                                                   38:100Sec.  2-3.          
                       Regarding Corrective                                                                     
                       Action.                                                                                  
44B.................  Corrective Action            12/1/87  52 FR 45788              KRS 224.46-520; KRS 224.46-
                       Beyond Facility                                                530(1)(e),(f),(h),        
                       Boundary.                                                      (i),(2); 401 KAR          
                                                                                      34:060Sec.  11(5)(a)-(b); 
                                                                                      12(3).                    
44C.................  Corrective Action for        12/1/87  52 FR 45788              KRS 224.46-520; KRS 224.46-
                       Injection Wells.                                               530(1)(e), (f), (h), (i), 
                                                                                      (2); 401 KAR 35:010; 401  
                                                                                      KAR 38:060;Sec.  1(2)(c)1;
                                                                                      1(2)(c)2.                 
44D.................  Permit Modification...       12/1/87  52 FR 45788              KRS 224.46-520(1)&(2); KRS 
                                                                                      224.46-530(1)(g)&(2); 401 
                                                                                      KAR 38:040Sec.  2(1)(c).  
44E.................  Permit as a Shield           12/1/87  52 FR 45788              KRS 224.46-520(1)&(2); KRS 
                       Provision.                                                     224.46-530(1)(a)-(c); 401 
                                                                                      KAR 38:010Sec.  3(1).     
44F.................  Permit Conditions to         12/1/87  52 FR 45788              KRS 224.46-305; KRS 224.46-
                       Protect Human Health                                           520(1)(b)-(c), (2) & (4); 
                       and the Environment.                                           KRS 224.46-530(1)(f),(h) &
                                                                                      (2); 401 KAR 38:070Sec.   
                                                                                      10.                       
44G.................  Post Closure Permits..       12/1/87  52 FR 45788              KRS 224.46-520; KRS 224.46-
                                                                                      530; 401 KAR 38:010Sec.   
                                                                                      1(2).                     
67..................  Testing and Monitoring       9/29/89  54 FR 40260              KRS 224.46-510(3); KRS     
                       Activities.                                                    224.46-530; 401 KAR       
                                                                                      30:010Sec.  3; 401 KAR    
                                                                                      31:120Sec.  1(4).         
68..................  Reportable Quantity          10/6/89  54 FR 41402              KRS 224.46-510(3); KRS     
                       Adjustment.                                                    224.46-530(1)(n); 401 KAR 
                                                                                      31:030Sec.  1(2), 2(2),   
                                                                                      3(2), 4(2); 401 KAR       
                                                                                      31:040Sec.  2(1), 3 &     
                                                                                      4(5); 401 KAR 31:120Sec.  
                                                                                      1(4); 401 KAR 31:160Sec.  
                                                                                      1; 401 KAR 31:170Sec.  1. 
72..................  Modifications of F019        2/14/90  55 FR 5340               KRS 224.46-510(3); KRS     
                       Listing.                                                       224.46-530(1)(n); 401 KAR 
                                                                                      31:030Sec.  1(2),2(2),3(2)
                                                                                      ,4(2); 401 KAR 31:040Sec. 
                                                                                      2(1), 3 & 4(5); 401 KAR   
                                                                                      31:120Sec.  1(4); 401 KAR 
                                                                                      31:160Sec.  1; 401 KAR    
                                                                                      31:170Sec.  1.            
73..................  Testing and Monitoring        3/9/90  55 FR 8948               KRS 224.46-510(3); KRS     
                       Activities; Technical                                          224.46-530; 401 KAR       
                       Corrections.                                                   30:010Sec.  3; 401 KAR    
                                                                                      30:120Sec.  1(4).         
75..................  Listing of 1, 1-              5/2/90  55 FR 18496              KRS 224.46-510(3); KRS     
                       Dimethylhydrazine                                              224.46-530(1)(n); 401 KAR 
                       Production Wastes.                                             31:030Sec.  1(2),2(2),3(2)
                                                                                      ,4(2); 401 KAR 31:040Sec. 
                                                                                      2(1), 3, & 4(5); 401 KAR  
                                                                                      31:120Sec.  1(4); 401 KAR 
                                                                                      31:160Sec.  1; 401 KAR    
                                                                                      31:170Sec.  1.            
76..................  Criteria for Listing          5/4/90  55 FR 18726              KRS 224.46-510(3); 401 KAR 
                       Toxic Wastes;                                                  31:020Sec.  2(1)(c).      
                       Technical Amendment.                                                                     
77..................  HSWA Codification             5/9/90  55 FR 19262              KRS 224.46-520; KRS 224.46-
                       Rule; Double Liners;                                           530(1)(f), (h), & (i); 401
                       Correction.                                                    KAR 34:200Sec.  2(3); 401 
                                                                                      KAR 34:230Sec.  2(4).     
80..................  Toxicity                     10/5/90  55 FR 40834              KRS 224.46-510(3); 401 KAR 
                       Characteristic;                                                31:010Sec.  4(2)(k).      
                       Hydrocarbon Recovery                                                                     
                       Operations (HSWA).                                                                       
81..................  Petroleum Refinery           11/2/90  55 FR 46354              KRS 224.46-510(3); KRS     
                       Primary and Secondary                                          224.46-530; 401 KAR       
                       Oil/Water/Solids                                               31:040Sec.  2(2).         
                       Separation Sludge                                                                        
                       Listings (F037 and                                                                       
                       F038).                                                                                   
84..................  Toxicity                     2/13/91  56 FR 5910               KRS 224.46-510(3); KRS     
                       Characteristic;                                                224.46-530(1)(n) & (2);   
                       Chlorofluorocarbon                                             401 KAR 31:010Sec.        
                       Refrigerants.                                                  4(2)(1).                  
86..................  Removal of Strontium         2/25/91  56 FR 7567               KRS 224.46-510(3); KRS     
                       Sulfide from the List                                          224.46-530(1)(n); 401 KAR 
                       of Hazardous Waste;                                            31:030Sec.  1(2),2(2),3(2)
                       Technical Amendment.                                           & 4(2); 401 KAR 31:040Sec.
                                                                                       2(1), 3, & 4(5); 401 KAR 
                                                                                      31:120Sec.  1(4); 401 KAR 
                                                                                      31:160Sec.  1; 401 KAR    
                                                                                      31:170Sec.  1.            
88..................  Administrative Stay           5/1/91  56 FR 19951              KRS 224.46-510(3); KRS     
                       for K069 Listing.                                              224.46-530(1)(n); 401 KAR 
                                                                                      31:030Sec.  1(2),2(2),3(2)
                                                                                      & 4(2); 401 KAR 31:040Sec.
                                                                                       2(1), 3, & 4(5); 401 KAR 
                                                                                      31:120Sec.  1(4); 401 KAR 
                                                                                      31:160Sec.  1; 401 KAR    
                                                                                      31:170Sec.  1.            
89..................  Revision to F037 and         5/13/91  56 FR 21955              KRS 224.46-510(3); KRS     
                       F038 Listings.                                                 224.46-530(1)(n); 401 KAR 
                                                                                      31:030Sec.  1(2),2(2),3(2)
                                                                                      & 4(2); 401 KAR 31:040Sec.
                                                                                       2(1), 3, & 4(5); 401 KAR 
                                                                                      31:120Sec.  1(4); 401 KAR 
                                                                                      31:160Sec.  1; 401 KAR    
                                                                                      31:170Sec.  1.            
97..................  Exports of Hazardous          9/4/91  56 FR 43704              KRS 224.46-510(a), (d)-(g);
                       Waste; Technical                                               401 KAR 32:050Sec.  4(2), 
                       Correction.                                                    & 7(2).                   

[[Page 25801]]

                                                                                                                
99..................  Amendments to Interim       12/23/91  56 FR 66365              KRS 224.46-520(1); KRS     
                       Status Standards for                                           224.46-530(1)(h)-(i) & 2; 
                       Downgradient Ground-                                           401 KAR 35:060Sec.        
                       Water Monitoring Well                                          2(1)(c).                  
                       Locations.                                                                               
104.................  Used Oil Filter              5/20/92  57 FR 21524              KRS 224.46-510(3); KRS     
                       Exclusion.                                                     224.46-530(1)(n); 401 KAR 
                                                                                      31:010Sec.  4(2)(m).      
105.................  Recycled Coke By-            6/22/92  57 FR 27880              KRS 224.46-510(3); KRS     
                       Product Exclusion.                                             224.46-530(1)(n); 401 KAR 
                                                                                      31:010Sec.  4(1)(j).      
----------------------------------------------------------------------------------------------------------------



C. Decision

    I conclude that Kentucky's application for these program revisions 
meet all of the statutory and regulatory requirements established by 
RCRA. Accordingly, Kentucky is granted final authorization to operate 
its hazardous waste program as revised.
    Kentucky 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. Kentucky 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 
Kentucky'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 
Kentucky'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: May 14, 1996.
A. Stanley Meiburg,
Acting Regional Administrator.
[FR Doc. 96-12887 Filed 5-22-96; 8:45 am]
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