[Federal Register Volume 62, Number 104 (Friday, May 30, 1997)]
[Rules and Regulations]
[Pages 29301-29305]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-14197]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-5832-8]
Final Authorization of State Hazardous Waste Management Program;
Missouri
AGENCY: Environmental Protection Agency (EPA).
ACTION: Immediate final rule.
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SUMMARY: Missouri 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 Missouri's application and has
made a decision, subject to review and comment, that Missouri's
hazardous waste program revisions satisfy all of the requirements
necessary to qualify for final authorization. Thus, EPA intends to
approve Missouri's hazardous waste program revisions, subject to
authority retained by EPA under the Hazardous and Solid Waste
Amendments of 1984 (hereinafter HSWA). Missouri's application for
program revision is available for public review and comment.
DATES: Final authorization for Missouri shall be effective July 29,
1997, unless the EPA publishes a prior Federal Register action
withdrawing this immediate final rule. All comments on the Missouri
program revision application must be received by the close of business
June 30, 1997.
ADDRESSES: Written comments should be sent to Mr. Aaron Zimmerman, Iowa
RCRA and State Programs Branch, U.S. Environmental Protection Agency,
[[Page 29302]]
Region 7, 726 Minnesota Avenue, Kansas City, Kansas 66101 (913/551-
7333). Copies of the Missouri program revision application are
available for inspection and copying during normal business hours at
the following addresses: Missouri Department of Natural Resources,
Division of Environmental Quality, P.O. Box 176, Jefferson City,
Missouri 65102 (314/751-4422); U.S. EPA Headquarters Library, PM 211A,
401 M Street, S.W., Washington, D.C. 20460 (202/382-5926); U.S. EPA
Region 7 Library, 726 Minnesota Avenue, Kansas City, Kansas 66101 (913/
551-7241).
FOR FURTHER INFORMATION CONTACT: Mr. Aaron Zimmerman, U.S. EPA Region
7, 726 Minnesota Avenue, Kansas City, Kansas 66101 (913/551-7333).
SUPPLEMENTARY INFORMATION:
A. Background
States with final authorization under section 3006(b) of RCRA, 42
U.S.C. Sec. 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. The Hazardous
and Solid Waste Amendment 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. Sec. 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
the EPA's regulations in 40 CFR Parts 124, 260-266, 268, 270, 273, and
279.
B. Missouri
Missouri initially received final authorization for its base RCRA
Program effective December 4, 1985 (50 FR 47740). Missouri received
authorization for a revision to its program effective on April 28, 1989
for Non-HSWA Cluster I, II, III, IV, VI, and HSWA Cluster I (54 FR
8190). Missouri received additional approval for a revision to its
program effective on March 12, 1993, for Non-HSWA Cluster III, IV, V,
and HSWA Cluster I and II (58 FR 3497). On September 30, 1993, Missouri
submitted a program revision to its authorized program. This
application includes rules in Non-HSWA Cluster II, V, and VI, and HSWA
Cluster I and II and RCRA Cluster I. A final application was submitted
for program approval to include rules in Non-HSWA Cluster V, VI, and
HSWA Cluster II on January 16, 1997. Missouri is seeking approval of
its program revisions in accordance with 40 CFR 271.21 (b)(3).
The EPA has reviewed the Missouri application and has made an
immediate final decision that the Missouri hazardous waste program
revision satisfy all of the requirements necessary to qualify for final
authorization. Consequently, the EPA intends to grant final
authorization to Missouri for its additional program modification. The
public may submit written comments on EPA's immediate final decision up
until June 30, 1997. Copies of the Missouri application for program
revision are available for inspection and copying at the locations
indicated in the ``ADDRESSES'' section of this document.
Approval of the Missouri program revision shall become effective in
sixty (60) days, unless an adverse comment pertaining to the state's
revisions discussed in this document is received by the end of the
comment period. If an adverse comment is received, the 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 July 29, 1997, Missouri will be authorized to carry out, in lieu
of the federal program, those provision of the state's program which
are analogous to the following provisions of the federal program.
------------------------------------------------------------------------
Federal requirement Missouri regulation
------------------------------------------------------------------------
Checklist 17H--Double Liners, May 9, 10 CSR 25-7.264(1)
1990, 55 FR 19262. 10 CSR 25-7.264(2)(K)1.A.
10 CSR 25-7.264(2)(K)1.B.
10 CSR 25-7.264(2)(K)1.C.
10 CSR 25-7.264(2)(K)1.D.
10 CSR 25-7.264(2)(N)2.A.
10 CSR 25-7.264(2)(N)2.C.
10 CSR 25-7.265(1)
10 CSR 25-7.265(2)(K)
Checklist 24A--Financial 10 CSR 25-7.264(1)
Responsibility; Settlement Agreement, 10 CSR 25-7.265(1)
May 2, 1986, 55 FR 25976.
Checklist 31--Exports of Hazardous 10 CSR 25-4.261(1)
Waste, August 8, 1986, 51 FR 28664- 10 CSR 25-5.262(1)
28686. 10 CSR 25-5.262(5)(B)
10 CSR 25-6.263(1)
10 CSR 25-6.263(2)(B)1.A.(IV)
10 CSR 25-6.263(2)(B)1.
Checklist 39--California List Waste 10 CSR 25-3.260(1), 10 CSR 25-
Restrictions, July 8, 1987, 52 FR 5.262(1),
25760, as amended on October 27, 1987, 10 CSR 25-7.264(1), 10 CSR 25-
52 FR 41295-41296. 7.265(1),
10 CSR 25-7.268(1), 10 CSR 25-
7.270(1)
Checklist 42--Exception Reporting for 10 CSR 25-5.262(2)(D)2.
Small Quantity Generators of Hazardous 10 CSR 25-5.262(2)(D)3.
Waste, September 23, 1987, 52 FR 35894-
35899.
Checklist 48--Farm Exemptions; 10 CSR 25-5.262(1),
Technical Corrections, July 19, 1988, 10 CSR 25-7.264(1),
3 FR 27164--27165. 10 CSR 25-7.265(1),
10 CSR 25-7.268(1),
10 CSR 25-7.270(1)
[[Page 29303]]
Checklist 50--Land Disposal 10 CSR 25-7.264(1)
Restrictions for First Third Scheduled 10 CSR 25-7.265(1)
Waste, August 17, 1988, 53 FR 31138- 10 CSR 25-7.266(2)(C)
31222, as amended on February 27, 10 CSR 25-7.268(1)
1989, 54 FR 8264-8266. 10 CSR 25-7.268(2)(C)1.
10 CSR 25-7.268(2)(C)2.
10 CSR 25-7.268(2)(D)1.
10 CSR 25-7.268(2)(D)2.
Checklist 52--Hazardous Waste 10 CSR 25-3.260(1)
Management System: Standards for 10 CSR 25-7.264(1)
Hazardous Waste Storage and Treatment 10 CSR 25-7.264(2)(J)4.
Tank Systems, September 2, 1988, 53 FR 10 CSR 25-7.265(1)
34079-34087. 10 CSR 25-7.265(2)(J)2.
Checklist 54--Permit Modifications for 10 CSR 25-8.010(1)(L)5.
Hazardous Waste Management Facilities, 10 CSR 25-8.010(1)(L)1.
September 28, 1988, as amended on 10 CSR 25-7.264(1)
October 24, 1988, 53 FR 41649. 10 CSR 25-7.265(1)
10 CSR 25-7.270(1)
10 CSR 25-7.270(2)(D)1.
Checklist 61--Changes to Interim Status 10 CSR 25-7.270(1)
Facilities for Hazardous Waste 10 CSR 25-8.0109(1)(J)
Management; Modification of Hazardous 10 CSR 25-7(2)(G)2.
Waste Mgmt. Permit; Procedures for
Post Closure Permitting, March 7,
1989, 54 FR 9596-9609.
Checklist 62--Land Disposal Restriction 10 CSR 25-7.268(1)
Amendments to First Third Scheduled
Wastes; May 2, 1989, 54 FR 18836-18838.
Checklist 63--Land Disposal 10 CSR 25-7.268(1)
Restrictions for Second Third
Scheduled Waste, June 23, 1989, 54 FR
26594-26652.
Checklist 64--Delay of Closure Period 10 CSR 25-7.264(1)
for Hazardous Waste Management 10 CSR 25-7.265(1)
Facilities, August 14, 1989, 54 FR 10 CSR 25-7.270(1)
3376.
Checklist 65--Mining Waste Exclusion I, 10 CSR 25-4.261(1)
September 1, 1989, 54 FR 36592.
Checklist 66--Land Disposal 10 CSR 25-7.266(2)(C)
Restrictions; Correction to the First 10 CSR 25-7.268(1)
Third Scheduled Wastes; September 6,
1989, 54 FR 36967, as amended on June
13, 1990, 55 FR 23935.
Checklist 67--Testing and Monitoring 10 CSR 25-3.260(1)
Activities, September 29, 1989, 54 FR 10 CSR 25-4.261(1)
40260.
Checklist 68--Reportable Quantity 10 CSR 25-4.261(1)
Adjustment Methyl Bromide Production
Wastes, October 6, 1989, 54 FR 41402-
41408.
Checklist 69--Reportable Quantity 10 CSR 25-4.261(1)
Adjustment, December 11, 1989, 54 FR
50968-50979.
Checklist 70--Changes to Part 124 Not 10 CSR 25-7.270(2)(A)1.
Accounted for by Present Checklists, 10 CSR 25-7.270(2)(B)7.
April 1, 1983, 48 FR 14146-14295; June 10 CSR 25-8.010(1)(B)2.
30, 1983, 48 FR 30113-30115; July 26, 10 CSR 25-7.270(2)(A)1.
1988, 53 FR 28118-28157; September 26, 10 CSR 25-7.270(2)(B)7.
1988, 53 FR 37396-37414; January 4, 10 CSR 25-8.010(1)(L)2.
1989, 54 FR 246-258. 10 CSR 25-8.010(1)(M)1.
10 CSR 25-8.010(1)(L)1.
10 CSR 25-8.010(1)(L)8.
10 CSR 25-8.010(1)(M)4.
10 CSR 25-8.010(1)(E)2.A.
10 CSR 25-8.010(B)4.G.
10 CSR 25-8.010(1)(E)2B.(VI)
10 CSR 25-8.010(1)(B)4.C.
10 CSR 25-8.010(1)(B)4.E.
10 CSR 25-8010(1)(H)
Checklist 71--Mining Waste Exclusion 10 CSR 25-3.270(1)
II, January 23, 1990, 55 FR 2322-2354. 10 CSR 25-7.25-80
10(1)(J)
10 CSR 25-5.272(1)
Checklist 72--Modifications of F019 10 CSR 25-4.261(1)
Listing.
Checklist 73--Testing and Monitoring 10 CSR 25-3.260(1)
Activities; Technical Corrections,
March 9, 1990, 55 FR 8948-8950.
Checklist 74--Toxicity Characteristics 10 CSR 25-4.261(1)
Revisions, March 29, 1990, 55 FR 11798- 10 CSR 25-7.264(1)
11877, as amended on June 29, 1990, 55 10 CSR 25-7.265(1)
FR 26986-26998. 10 CSR 25-7.268(1)
Checklist 75--Listing of 1, 1- 10 CSR 25-4.261(1)
Dimethylhydrazine Production Waste,
May 2, 1990, 55 FR 18496-18506.
Checklist 76--Criteria for Listing 10 CSR 25-4.261(1)
Toxic Waste; Technical Amendment, May
4, 1990, 55 FR 18726.
[[Page 29304]]
Checklist 77--HSWA Codification Rule 2, 10 CSR 25-7.264(1)
Double Liners; Correction, May 9, 10 CSR 25-7.264(2)(K)
1990, 55 FR 19262-19264. 10 CSR 25-7.264(2)(N)2.A.
Checklist 78N & 78H--Land Disposal 10 CSR 25-4.261(1),
Restrictions for Third Third Scheduled 10 CSR 25-5.262(1),
Wastes, June 1, 1990, 55 FR 22520- 10 CSR 25-7.264(1),
22720. 10 CSR 25-7.265(1),
10 CSR 25-7.268(1),
10 CSR 25-7.270(1)
Checklist 79--Organic Air Emission 10 CSR 25-3.260(1), 10 CSR 25-
Standard for Process Vents and 4.261(1),
Equipment Leaks, June 21, 1990, 55 FR 10 CSR 25-7.264(1), 10 CSR 25-
25454-25519. 7.265(1),
10 CSR 25-7.270(1)
Checklist 83--Land Disposal 10 CSR 25-4.261(1)
Restrictions for Third Third Scheduled 10 CSR 25-5.262(1)
Wastes; Technical Amendments, January 10 CSR 25-5.262(2)(C)2.
31, 1991, 56 FR 3864-3928. 10 CSR 25-7.268(1)
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The state will assume lead responsibility for issuing permits for
those program areas authorized today. For those HSWA provisions for
which the state is not authorized, the EPA will retain lead
responsibility. For those permits which will now change to state lead
from the EPA, the EPA will transfer copies of any pending applications,
completed permits, or pertinent file information to the state within 30
days of the effective date of this authorization. The EPA will be
responsible for enforcing the terms and conditions of federally issued
permits while they remain in force. The EPA will also be responsible
for enforcing the terms and conditions of RCRA permits regarding HSWA
requirements until the state has the authority to address the HSWA
requirements.
The state has agreed to review all state-issued permits and to
modify or reissue them as necessary to require compliance with the
currently approved state law and regulations. When the states reissues
federally issued permits as state permits, the state will take the lead
in enforcing such permits, with the exception of those HSWA
requirements for which the state has not received authorization.
Missouri is not authorized to operate the Federal Program on Indian
Lands. This authority remains with the EPA unless provided otherwise in
a future statute or regulation.
C. Decision
We conclude that the Missouri application for program revision
meets all of the statutory and regulatory requirements established by
RCRA and its amendments. Missouri 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. Missouri also has primary enforcement responsibilities, although
the EPA retains the right to conduct inspection under section 3007 of
RCRA and to take enforcement actions under sections 3008, 3013, and
7003 of RCRA.
Incorporation by Reference
The EPA incorporates by reference, authorized state programs in 40
CFR Part 272, to provide notice to the public of the scope of the
authorized program in each state. Incorporation by reference of the
Missouri 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), Public
Law 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, the
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. Before promulgating an EPA rule for
which a written statement is needed, section 205 of the UMRA generally
requires the 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 the 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 the 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, enabling officials of
affected small governments to have meaningful and timely input in the
development of the EPA regulatory proposals with significant federal
intergovernmental mandates, and informing, educating, and advising
small governments on compliance with the regulatory requirements.
Today's rule contains no federal mandates for state, local or
tribal governments or the private sector. The Act excludes from the
definition of a ``federal mandate'' duties that arise from
participation in a voluntary federal program, except in certain cases
where a ``federal intergovernmental mandate'' affects an annual federal
entitlement program of $500 million or more that are not applicable
here. The Missouri request for approval of revisions to its authorized
hazardous waste program is voluntary and imposes no federal mandate
within the meaning of the Act. Rather, by having its hazardous waste
program approved, the state will gain the authority to implement the
program within its jurisdiction, in lieu of the EPA thereby eliminating
duplicative state and federal requirements. If a state chooses not to
seek authorization for administration of a hazardous waste program
under RCRA Subtitle C, RCRA regulation is left to the EPA.
In any event, the EPA has determined that this rule does not
contain a federal
[[Page 29305]]
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. The EPA does not anticipate that the approval
of the Missouri hazardous waste program referenced in today's notice
will result in annual costs of $100 million or more. The EPA's approval
of state programs generally may reduce, not increase, compliance costs
for the private sector since the state, by virtue of the approval, may
now administer the program in lieu of the EPA and exercise primary
enforcement. Hence, owners and operators of treatment, storage, or
disposal facilities (TSDFs) generally no longer face dual federal and
state compliance requirements, thereby reducing overall compliance
costs. Thus, today's rule is not subject to the requirements of section
202 and 205 of the UMRA.
The 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 and are not subject to any additional
significant or unique requirements by virtue of this program approval.
Once the 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 under the approved state
program, in lieu of the federal program.
Certification Under the Regulatory Flexibility Act
The EPA has determined that this authorization will not have a
significant economic impact on a substantial number of small entities.
The EPA recognizes that small entities may own and/or operate TSDFs
that will become subject to the requirements of an approved state
hazardous waste program. However, since such small entities which own
and/or operate TSDFs are already subject to the requirements in 40 CFR
Parts 264, 265, and 270, this authorization does not impose any
additional burdens on these small entities. This is because the EPA's
authorization would result in an administrative change (i.e., whether
the EPA or the state administers the RCRA Subtitle C program in that
state), rather than result in a change in the substantive requirements
imposed on small entities. Once the EPA authorizes a state to
administer its own hazardous waste program and any revisions to that
program, these same small entities will be able to own and operate
their TSDFs under the approved state program, in lieu of the federal
program. Moreover, this authorization, in approving a state program to
operate in lieu of the federal program, eliminates duplicative
requirements for owners and operators of TSDFs in that particular
state.
Therefore, the 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.
Sec. 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 approves the Missouri program to operate
in lieu of the federal 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.
Submission to Congress and the General Accounting Office
Under section 801(a)(1)(A) of the Administrative Procedures Act
(APA) as amended by the Small Business Regulatory Enforcement Fairness
Act of 1996, the 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 section 804(2) of the
APA as amended.
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, and
Water supply.
Authority: This rulemaking 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. Secs. 6912(a), 6926, 6974(b)).
Dated: May 9, 1997.
William Rice,
Acting Regional Administrator.
[FR Doc. 97-14197 Filed 5-29-97; 8:45 am]
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