[Federal Register Volume 62, Number 226 (Monday, November 24, 1997)]
[Rules and Regulations]
[Pages 62521-62523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-30818]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-5924-5]


Georgia: Final Authorization of State Hazardous Waste Management 
Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate final rule.

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SUMMARY: Georgia has applied for final authorization of revisions to 
its hazardous waste program under the Resource Conservation and 
Recovery Act (RCRA). Georgia's revisions consist of the provisions 
contained in the rules promulgated between July 1, 1994 and June 30, 
1995, RCRA Cluster V. These requirements are listed in section B of 
this document. The Environmental Protection Agency (EPA) has reviewed 
Georgia's application and has made a decision, subject to public review 
and comment, that Georgia's hazardous waste program revisions satisfy 
all of the requirements necessary to qualify for final authorization. 
Thus, EPA intends to approve Georgia's hazardous waste program 
revisions. Georgia's application for program revisions is available for 
public review and comment.

DATES: Final authorization for Georgia shall be effective January 23, 
1998 unless EPA publishes a prior Federal Register action withdrawing 
this immediate final rule. All comments on Georgia's program revision 
application must be received by the close of business December 24, 
1997.

ADDRESSES: Copies of Georgia's program revision application are 
available during regular office hours of 9 a.m. to 5 p.m., Monday 
through Friday, at the following addresses for inspection and copying: 
Georgia Department of Natural Resources, Environmental Protection

[[Page 62522]]

Division, Floyd Towers East, Room 1154, 205 Butler Street, SE, Atlanta 
Georgia 30334; U.S. EPA Region IV, Library, 61 Forsyth Street, Atlanta, 
Georgia 30303; (404) 562-8448.

FOR FURTHER INFORMATION CONTACT: Narindar Kumar, Chief, RCRA Programs 
Branch, Waste Management Division, U.S. Environmental Protection 
Agency, 61 Forsyth Street, Atlanta, Georgia 30303; (404) 562-8448.

SUPPLEMENTARY INFORMATION:

I. Background

    States with final authorization under section 3006(b) of the 
Resource Conservation and Recovery Act (``RCRA or ``the Act''), 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 (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 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 
through 266, 268, 270 and 279.

A. Georgia

    Georgia initially received final authorization for its base RCRA 
program effective on August 21, 1984. Georgia has received 
authorization for revisions to its program through RCRA Cluster IV on 
May 6, 1996. Today, Georgia is seeking approval of its program 
revisions in accordance with 40 CFR 271.21(b)(3).
    EPA has reviewed Georgia's application and has made an immediate 
final decision that Georgia'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 Georgia. The public may submit 
written comments on EPA's immediate final decision up until December 
24, 1997.
    Copies of Georgia's application for these program revisions are 
available for inspection and copying at the locations indicated in the 
Addresses section of this document.
Approval of Georgia's program revisions shall become effective January 
23, 1998, 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 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.
    Georgia is today seeking authority to administer the following 
Federal requirements promulgated between July 1, 1994 and June 30, 
1995.

----------------------------------------------------------------------------------------------------------------
       Checklist                Description                 FR date and page                  State rule        
----------------------------------------------------------------------------------------------------------------
135...................  Amendments to Definition    59 FR 38545, 7/28/94              12-8-62(10)&(20), 12-8/   
                         of Solid Wastes.                                              64(1)(J) & (L), 12-8-    
                                                                                       65(a)(16)&(21) Rules     
                                                                                       effective 12/28/95 391-3-
                                                                                       11-.07, 391-3-11-.10     
136...................  Amendment to Subpart C--    59 FR 43499 8/24/94               12-8-64(1)(A),(B)&(I), 12-
                         Recyclable Materials Used                                     8-65(a)(16)&(21) Rules   
                         in a Manner Constituting                                      effective 12/8/95, 391-3-
                         Disposal.                                                     11-.10, 391-3-11-.16     
126.1.................  Testing and Monitoring      59 FR 47980, 9/19/94              12-8-62(10), 12-8-        
                         Activities, Land Disposal                                     64((1)(A),(B)(D),(E)     
                         Restrictions; Correction.                                     &(I), 12-8-65(a)(16)&(21)
                                                                                       rule effective 12/28/95, 
                                                                                       391-3-11-.16             
137...................  Land Disposal Restrictions  59 FR 48041, 9/19/94              12-8-62(11)(13)(14), 12-8-
                         Phase II--Universal        60 FR 244 1/3/95 (correction)      64(1)(A)(B)(D) (F)&(I) 12-
                         Treatment Standards, and                                      8-65(a)(16)(21) rules    
                         Treatment Standards for                                       effective 12/28/95 391-3-
                         Organic Toxicity                                              11-.07, 391-3-11-.10, 391-
                         Characteristic Wastes and                                     3-11-.16                 
                         Newly Listed Wastes.                                                                   
139...................  Testing & Monitoring        60 FR 3095 1/13/95                12/8/62(10), 12-8-        
                         Activities.                                                   64(1(A(B(D(E)(I),12-8-65(
                                                                                       a)(16)(21) Rules         
                                                                                       effective 12/28/95 391-3-
                                                                                       11-.02                   
140...................  Carbamate Production;       60 FR 7848, 2/9/95,               12-8-62(9)(10)(20), 12-8- 
                         Correction.                60 FR 19165, 4/17/95,              64 (1)(D)(E)(J)(M), 12-8-
                                                    60 FR 25620, 5/12/95               65(a)(16)(21), Rules     
                                                                                       effective 12/28/95, and  
                                                                                       12/30/96, 391-3-11-.07   
                                                                                       (1)                      
141...................  Testing & Monitoring        60 FR 17004, 4/4/95               12-8-62(10), 12-8-64      
                         Activities.                                                   (1)(A)(B)(D))E))I), 12-8-
                                                                                       65 (a)(16)(21), Rule     
                                                                                       effective 12/28/95 391-3-
                                                                                       11-.07                   
142...................  Universal Waste Rule,       60 FR 25492, 5/11/95              12-8-62 (13), 12-8-64     
                         Parts A, B, C, D, & E.                                        (1)(A)(B)(D)(E)(F)(I), 12-
                                                                                       8-65 (a)(16)(21), Rule   
                                                                                       effective 12/28/95, 391-3-
                                                                                       11-.02, 391-3-11-.07, 391-
                                                                                       3-11.08, 391-3-11-.10,   
                                                                                       391-3-11-.11, 391-3-11-  
                                                                                       .16, 391-3-11-.18        
144...................  Solid Waste, Hazardous      60 FR 33912, 6/29/95              12-8-62 (10)(11), 12-8-64 
                         Waste, Oil Discharge and                                      (1) (A)(B)(C)(D)(E)(I) 12-
                         Superfund Programs:                                           8-65 (a) (3)(4)(16)(21), 
                         Removal of Legally                                            12-8-66, Rules effective 
                         Obsolete Rules.                                               12/28/95, 391-3-11-.07,  
                                                                                       391-3-11-.10, 391-3-11-  
                                                                                       .11                      
----------------------------------------------------------------------------------------------------------------
Footnote: Georgia adopted the Universal Waste Rule by reference at 391-3-11-.18. A new section 391-3-11-.19     
  entitled Standards for Management of Waste Mercury-Containing Lamps was added to the rules effective December 
  30, 1996. Georgia has included this rule, 391-3-11-.19, in the authorization application as part of the state 
  rules, but these rules will not be part of the authorized program.                                            


[[Page 62523]]

B. Decision

    I conclude that Georgia's application for these program revisions 
meets all of the statutory and regulatory requirements established by 
RCRA. Accordingly, Georgia is granted final authorization to operate 
its hazardous waste program as revised.
    Georgia 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. Georgia 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.

II. 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.

III. 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 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 it 
merely makes federally enforceable existing requirements with which 
regulated entities must already comply under 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. 
The requirements being codified today are the result of Florida's 
voluntary participation in accordance with RCRA Subtitle C.
    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 because today's action merely codifies an existing State program 
that EPA previously authorized. Thus, today's rule is not subject to 
the requirements of sections 202 and 205 of the UMRA.
    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, including 
tribal governments, section 203 of 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, this 
codification incorporates into the Code of Federal Regulations 
Florida's requirements which have already been authorized by EPA under 
40 CFR part 271 and, thus, small governments are not subject to any 
additional significant or unique requirements by virtue of this 
codification.

IV. Certification Under the Regulatory Flexibility Act

    EPA has determined that this codification 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 State 
requirements authorized by EPA under 40 CFR part 271. EPA's 
codification does not impose any additional burdens on these small 
entities. This is because EPA's codification would simply result in an 
administrative change, rather than a change in the substantive 
requirements imposed on 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 codification will not have a significant 
economic impact on a substantial number of small entities. This 
codification incorporates ``State's'' requirements which have been 
authorized by EPA under 40 CFR part 271 into the Code of Federal 
Regulations. It does not impose any new burdens on small entities. This 
rule, therefore, does not require a regulatory flexibility analysis.

V. 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).

VI. 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.

VII. Paperwork Reduction Act

    Under the Paperwork Reduction Act, 44 U.S.C. 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 waste transportation, 
Hazardous waste, Incorporation by reference, Indian lands, 
Intergovernmental relations, Penalties, Reporting and recordkeeping 
requirements, Water pollution control, Water supply.

    Dated: November 4, 1997.
John H. Hankinson, Jr.,
Regional Administrator.
[FR Doc. 97-30818 Filed 11-21-97; 8:45 am]
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