[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.
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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
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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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