[Federal Register Volume 63, Number 20 (Friday, January 30, 1998)]
[Rules and Regulations]
[Pages 4587-4589]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-2361]



[[Page 4587]]

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-5956-4]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate final rule.

-----------------------------------------------------------------------

SUMMARY: Tennessee has applied for final authorization of revisions to 
its hazardous waste program under the Resource Conservation and 
Recovery Act (RCRA). Tennessee's revision consists of the provisions 
contained in rules promulgated between July 1, 1993 through June 30, 
1994, otherwise known as RCRA Cluster IV. These requirements are listed 
in section B of this document. The Environmental Protection Agency 
(EPA) has reviewed Tennessee's application and has made a decision, 
subject to public review and comment, that Tennessee's hazardous waste 
program revisions satisfy all of the requirements necessary to qualify 
for final authorization. Thus, EPA intends to approve Tennessee's 
hazardous waste program revisions. Tennessee's application for program 
revision is available for public review and comment.

DATES: Final authorization for Tennessee's program revision shall be 
effective March 31, 1998, unless EPA publishes a prior Federal Register 
action withdrawing this immediate final rule. All comments on 
Tennessee's program revision application must be received by the close 
of business, March 2, 1998.

ADDRESSES: Copies of Tennessee's program revision application are 
available during normal business hours at the following addresses for 
inspection and copying: Tennessee Department of Environment and 
Conservation, Division of Solid Waste Management, 5th Floor, L & C 
Tower, 401 Church Street, Nashville, Tennessee 37243-1535; U.S. EPA 
Region 4, Library, 61 Forsyth Street, SW, Atlanta, Georgia 30303-3104; 
(404) 562-8190. Written comments should be sent to Narindar Kumar at 
the address listed below.

FOR FURTHER INFORMATION CONTACT: Narindar Kumar, Chief, RCRA Programs 
Branch, Waste Management Division, U.S. Environmental Protection 
Agency, 61 Forsyth Street, SW, Atlanta, Georgia 30303-3104; (404) 562-
8440.

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. Tennessee

    Tennessee initially received final authorization for its base RCRA 
program effective on February 5, 1985. Tennessee has received 
authorization for revisions to its program on July 22, 1996, October 
23, 1995, July 7, 1995, July 31, 1992, and August 11, 1987. In June 
1995, Tennessee submitted a program revision application for additional 
program approvals. Today, Tennessee is seeking approval of its program 
revisions in accordance with 40 CFR 271.21(b)(3).
    EPA has reviewed Tennessee's application and has made an immediate 
final decision that Tennessee'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 Tennessee. The public may 
submit written comments on EPA's immediate final decision up until 
March 2, 1998.
    Copies of Tennessee'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 Tennessee's program revisions shall become effective 
March 31, 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 document 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.
    Tennessee is today seeking authority to administer the following 
Federal requirements promulgated between July 1, 1993 through June 30, 
1994.

----------------------------------------------------------------------------------------------------------------
                                                   FR                                                           
      Checklist         Federal requirement   promulgation    HSWA or FR reference         State authority      
                                                  date                                                          
----------------------------------------------------------------------------------------------------------------
125.................  Boilers and Industrial       7/20/93  58 FR 38816............  TCA 68-212-106(a); 68-212- 
                       Furnaces; Changes for                                          107(a) & (d)(1,3,5-6) TRC 
                       Consistency with New                                           1200-1-11-.01(2)(b);      
                       Air Regulations.                                               .09(1)(a).                
126.................  Test and Monitoring          8/31/93  58 FR 46040............  TCA 68-212-104(7); 68-212- 
                       Activities.                                                    106(a)(1); 68-212-        
                                                                                      107(d)(1); TRC 1200-1-11- 
                                                                                      .01(2)(b); .01(3)(c);     
                                                                                      .02(3)(a); .02(5)(a);     
                                                                                      .06(10)(a); .06(14)(a);   
                                                                                      .05(10)(a); .05(14)(a);   
                                                                                      .10(1)(a); .10(3)(a);     
                                                                                      .10(5)(a); .01(2)(b);     
                                                                                      .07(5)(b); .07(1)(e);     
                                                                                      .07(1)(j).                
127.................  Boilers and Industrial       11/9/93  58 FR 59598............  TCA 68-212-106(a)(1); 68-  
                       Furnaces;                                                      212-107(a) & (d)(1)(3)(5) 
                       Administrative Stay                                            (6); TRC 1200-1-11-       
                       and Interim Standards                                          .09(1)(a).                
                       for Bevel Residues.                                                                      

[[Page 4588]]

                                                                                                                
128.................  Wastes From the Use of        1/4/94  59 FR 458..............  TCA 68-212-104 (7); 68-212-
                       Chlorophenolic                                                 106(a)(1); 68-212-107     
                       Formulations in Wood                                           (d)(1); TRC 1200-1-11-    
                       Surface Protection.                                            .01(2)(b); .02(5)(a).     
129.................  Revision of                  8/18/94  59 FR 8362.............  TCA 68-212-104(7) & (16);  
                       Conditional Exemption                                          68-212-106(a) & (d)(1) &  
                       for Small Scale                                                (6); TRC 1200-1-11-       
                       Treatability Studies.                                          .02(1)(a).                
130.................  Recycled Used Oil             3/4/94  59 FR 10550............  TCA 68-212-.06(a)(1); 68-  
                       Management Standards:                                          212-107(a) & (d)(1) (3)   
                       Technical Amendments                                           (5) & (6); TRC 1200-1-11- 
                       and Corrections II.                                            .11(1)(a).                
131.................  Recordkeeping                3/24/94  59 FR 13891............  TCA 68-212-104(8); 68-212- 
                       Instructions:                                                  106(a)(3); 68-212-        
                       Technical Amendment.                                           107(d)(2) (5) & (6); TRC  
                                                                                      1200-1-11-.06(33)(a);     
                                                                                      .05(31)(a).               
132.................  Wood Surface                  6/2/94  59 FR 28484............  TCA 68-212-104(7); 68-212- 
                       Protection:                                                    106(a)(1); 68-212-        
                       Correction.                                                    107(d)(1); TRC 1200-1-11- 
                                                                                      .01(2)(b).                
133.................  Letter of Credit             6/10/94  59 FR 29958............  TCA 68-212-107(a) & (d)(3);
                       Revision.                                                      68-212-108(d); TRC 1200-1-
                                                                                      11-.06(8)(m) 3 & 10.      
134.................  Correction of                6/20/94  59 FR 31551............  TCA 68-212-104(7); 68-212- 
                       Beryllium Powder.                                              106(a)(1); 68-212-        
                                                                                      107(d)(1) & (9); TRC 1200-
                                                                                      1-11-.02(4)(a); .02(5)(a);
                                                                                      .10(3)(a).                
----------------------------------------------------------------------------------------------------------------

C. Decision

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

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. Before promulgating an EPA rule for which a written statement 
is needed, 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, enabling 
officials of affected small governments to have meaningful and timely 
input in the development of 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 annual 
federal entitlement programs of $500 million or more that are not 
applicable here. Tennessee's request for approval of a hazardous waste 
program or revisions to its authorized hazardous waste program is 
voluntary and imposed 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 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 EPA.
    In any event, 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 Tennessee's hazardous waste program referenced in today's 
document will result in annual costs of $100 million or more.
    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 not administer the program in lieu of EPA 
and exercise primary enforcement. Hence owners and operators of 
treatment, storage and 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 sections 202 and 205 of the UMRA.
    EPA had 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,

[[Page 4589]]

270, and 280 and are not subject to any additional significant or 
unique requirements by virtue of this program approval. 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 under the approved State program, 
in lieu of the Federal program.

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. 
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 EPA's authorization 
would result in an administrative change (i.e., whether 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 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, 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 effectively approves the Tennessee 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, 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.

List of Subjects in 40 CFR Part 271

    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 document 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)).
R.F. McGhee,
Acting Regional Administrator, Region 4.
[FR Doc. 98-2361 Filed 1-29-98; 8:45 am]
BILLING CODE 6560-50-P