[Federal Register Volume 61, Number 206 (Wednesday, October 23, 1996)]
[Rules and Regulations]
[Pages 54950-54952]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-26917]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-5638-1]
Ohio: Authorization of State Hazardous Waste Management Program
AGENCY: Environmental Protection Agency.
ACTION: Immediate final rule.
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SUMMARY: Ohio submitted an application seeking final authorization of
revisions to its hazardous waste program under the Resource
Conservation and Recovery Act of 1976, as amended (RCRA). The
application included a program description, a statement by the Ohio
Attorney General, a memorandum of agreement, and the revisions to
Ohio's Administrative Code. The Environmental Protection Agency (EPA)
has reviewed Ohio's application and has reached a decision, subject to
public review and comment, that these hazardous waste program revisions
satisfy all the requirements necessary to qualify for final
authorization. Thus, EPA intends to grant final authorization to Ohio
to operate its expanded program, subject to authority retained by EPA
under the Hazardous and Solid Waste Amendments of 1984 (Pub. L. 98-616,
November 8, 1984, hereinafter HSWA).
EFFECTIVE DATE: Final authorization for Ohio shall be effective on
December 23, 1996 unless EPA publishes a prior Federal Register (FR)
action withdrawing this immediate final rule. All comments on Ohio's
final authorization must be received by 4:30 p.m. central time on
November 22, 1996. If an adverse comment is received, EPA will publish
either: a withdrawal of this immediate final rule or a document
containing a response to the comment which either affirms that the
immediate final decision takes effect or reverses the decision.
ADDRESSES: Copies of Ohio's final Authorization Revision Application
are available for inspection and copying from 9 a.m. to 4 p.m., at the
following addresses: Ms. Kit Arthur, Ohio Environmental Protection
Agency, 1800 WaterMark Drive, Columbus, Ohio 43215, Phone 614/644-3174;
Mr. Timothy O'Malley, U.S. EPA Region 5, DR-7J, 77 W. Jackson, Chicago,
Illinois 60604, Phone 312/886-6085. Written comments should be sent to
Mr. Timothy O'Malley, U.S. EPA Region 5, DR-7J, 77 W. Jackson (DR-7J),
Chicago, Illinois, 60604, Phone (312) 886-6085.
FOR FURTHER INFORMATION CONTACT: Mr. Timothy O'Malley, Ohio Regulatory
Specialist, U.S. EPA Region 5, DR-7J, 77 West Jackson Blvd., Chicago,
Illinois, 60604, (312) 886-6085.
SUPPLEMENTARY INFORMATION
A. Background
States with final authorization under section 3006(b) of RCRA, 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 HSWA requirements under Section 3006(g) of RCRA, 42 U.S.C. 6926(g),
and later apply for final authorization for the HSWA requirements.
In accordance with 40 CFR 271.21, 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, 260-266, 268, and 270.
B. Ohio
Ohio initially received final authorization for its program
effective June 30, 1989 (54 FR 27170). Subsequently, Ohio received
authorization for revisions to its program, which became effective on
June 7, 1991 (56 FR 14203), August 19, 1991 (56 FR 28008), and
September 25, 1995 (60 FR 38502). On September 10, 1996, Ohio submitted
a final program revision application for additional program approvals.
Today, Ohio is seeking approval of this program
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revision in accordance with 40 CFR 271.21(b)(3).
EPA has reviewed Ohio's application, and has made an immediate
final decision that Ohio'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 Ohio. The public may submit written
comments on EPA's immediate final decision up until November 22, 1996.
Copies of Ohio's application for program revision are available for
inspection and copying at the locations indicated in the ADDRESSES
section of this notice.
Approval of Ohio'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 December 23, 1996, Ohio 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 provisions of the Federal program:
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Federal requirement Analogous State authority
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HSWA Codification Rule--Corrective Ohio Administrative Code (OAC)
Action, July 15, 1985, (50 FR 3745-55-011 (A) and (B);
28702).\1\. effective June 29, 1990. OAC
3745-50-46 (A)(1)(b)(vii) and
(B); 3745-54-90(A); effective
February 11, 1992.
HSWA Codification Rule 2--Permit Ohio Administrative Code (OAC)
Application Requirements Regarding 3745-50-44 (B) and (D),
Corrective Action, December 1, 1987, (D)(1)(a)-(e), (D)(2) and
(52 FR 45788)\1\. (D)(3); effective April 15,
1993.
HSWA Codification Rule 2--Corrective Ohio Administrative Code (OAC)
Action Beyond the Facility Boundary, 3745-55-01(E), (E) (1) and
December 1, 1987, (52 FR 45788).\1\. (2); effective February 11,
1992. OAC 3745-55-011(C);
effective June 29, 1990.
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\1\ Indicates HSWA requirement.
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 has previously suspended issuance of permits for the other
provisions on June 30, 1989, June 7, 1991, August 19, 1991, and
September 25, 1995, the effective dates of Ohio's final authorization
for the RCRA base program, and for subsequent program revisions.
Ohio 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 Ohio's program revision meets all of the statutory
and regulatory requirements established by RCRA described in its
revised program application, subject to the limitations of the HSWA.
Accordingly, EPA grants Ohio final authorization to operate its
hazardous waste program as revised. Ohio currently has responsibility
for permitting treatment, storage, and disposal facilities within its
borders and carrying out other aspects of the RCRA program and its
amendments. Ohio 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. Codification in Part 272
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 the
Ohio program will be completed at a later date.
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), Pub.
L. 104-4, establishes requirements for Federal agencies to assess the
effects of certain regulatory actions on State, local, and tribal
governments and the private sector. Under sections 202 and 205 of the
UMRA, EPA generally must prepare a written statement of economic and
regulatory alternatives analyses for proposed and final rules with
Federal mandates, as defined by the UMRA, 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. The
section 202 and 205 requirements do not apply to today's action because
it is not a ``Federal mandate'' and because it does not impose annual
costs of $100 million or more.
Today's rule contains no Federal mandates for State, local or
tribal governments or the private sector for two reasons. First,
today's action does not impose new or additional enforceable duties on
any State, local or tribal governments or the private sector because
the requirements of the Ohio program are already imposed by the State
and subject to State law. Second, the Act also generally excludes from
the definition of a ``Federal mandate'' duties that arise from
participation in a voluntary Federal program. Ohio's participation in
an authorized hazardous waste program is voluntary.
Even if today's rule did contain a Federal mandate, this rule will
not result in annual expenditures of $100 million or more for State,
local, and/or tribal governments in the aggregate, or the private
sector. Costs to State, local and/or tribal governments already exist
under the Ohio program, and today's action does not impose any
additional obligations on regulated entities. In fact, EPA's approval
of State programs generally may reduce, not increase, compliance costs
for the private sector.
The requirements of section 203 of UMRA also do not apply to
today's action. Before EPA establishes any regulatory requirements that
may significantly or uniquely affect small governments, section 203 of
the UMRA requires EPA to develop a small government agency plan. This
rule contains no regulatory requirements that might significantly or
uniquely affect small governments. The Agency recognizes that although
small governments may be hazardous waste generators, transporters, or
own and/or operate TSDFs, they are already subject to the regulatory
requirements under existing State law which are being authorized by
EPA, and, thus, are not
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subject to any additional significant or unique requirements by virtue
of this program approval.
Certification Under the Regulatory Flexibility Act
EPA has determined that this authorization will not have a
significant economic impact on a substantial number of small entities.
Such small entities which are hazardous waste generators, transporters,
or which own and/or operate TSDFs are already subject to the regulatory
requirements under existing State law which are being authorized by
EPA. EPA's authorization does not impose any additional burdens on
these small entities. This is because EPA's authorization would simply
result in an administrative change, rather than a change in the
substantive requirements imposed on these small entities.
Therefore, EPA provides the following certification under the
Regulatory Flexibility Act, as amended by the Small Business Regulatory
Enforcement Fairness Act. Pursuant to the provision at 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 approves regulatory requirements under existing State law
to which small entities are already subject. It does not impose any new
burdens on small entities. This rule, therefore, does not require a
regulatory flexibility analysis.
Submission to Congress and the General Accounting Office. Under 5
U.S.C. 801(a)(1)(A) as added by the Small Business Regulatory
Enforcement Fairness Act of 1996, EPA submitted a report containing
this rule and other required information to the U.S. Senate, the U.S.
House of Representatives and the Comptroller General of the General
Accounting Office prior to publication of the rule in today's Federal
Register. This rule is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Paperwork Reduction Act
Under the Paperwork Reduction Act, 44 U.S.C. Sec. 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 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, and 6974(b).
Dated: October 8, 1996.
David A. Ullrich,
Acting Regional Administrator.
[FR Doc. 96-26917 Filed 10-22-96; 8:45 am]
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