[Federal Register Volume 65, Number 181 (Monday, September 18, 2000)]
[Rules and Regulations]
[Pages 56256-56258]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-23779]



[[Page 56256]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-6870-1]


Florida: Final Authorization of State Hazardous Waste Management 
Program Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate final rule.

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SUMMARY: Florida has applied to EPA for Final authorization of the 
changes to its hazardous waste program under the Resource Conservation 
and Recovery Act (RCRA). EPA has determined that these changes satisfy 
all requirements needed to qualify for Final authorization, and is 
authorizing the State's changes through this immediate final action. 
EPA is publishing this rule to authorize the changes without a prior 
proposal because we believe this action is not controversial and do not 
expect comments that oppose it. Unless we get written comments which 
oppose this authorization during the comment period, the decision to 
authorize Florida's changes to their hazardous waste program will take 
effect. If we get comments that oppose this action, we will publish a 
document in the Federal Register withdrawing this rule before it takes 
effect and a separate document in the proposed rules section of this 
Federal Register will serve as a proposal to authorize the changes.

DATES: This final authorization will become effective on November 17, 
2000 unless EPA receives adverse written comment by October 18, 2000. 
If EPA receives such comment, it will publish a timely withdrawal of 
this immediate final rule in the Federal Register and inform the public 
that this authorization will not take effect.

ADDRESSES: Send written comments to Narindar Kumar, Chief, RCRA 
Programs Branch, Waste Management Division, U.S. Environmental 
Protection Agency, The Sam Nunn Atlanta Federal Center, 61 Forsyth 
Street, SW, Atlanta, Georgia 3030-8960; (404) 562-8440. You can view 
and copy Florida's application from 8 a.m. to 5 p.m. at the following 
addresses: The Florida Department of Environmental Protection, Twin 
Towers Office Building, 2600 Blair Stone Road, Tallahassee, Florida 
32399-2400 and from 8:30 a.m. to 3:45 p.m., EPA Region 4, Library, The 
Sam Nunn Atlanta Federal Center, 61 Forsyth Street, SW, Atlanta, 
Georgia 30303-8960, Phone number (404) 562-8190, Kathy Piselli, 
Librarian.

FOR FURTHER INFORMATION CONTACT: Narindar Kumar, Chief, RCRA Programs 
Branch, Waste Management Division, U.S. Environmental Protection 
Agency, The Sam Nunn Atlanta Federal Center, 61 Forsyth Street, SW, 
Atlanta, Georgia 30303-8960; (404) 562-8440.

SUPPLEMENTARY INFORMATION:

A. Why Are Revisions to State Programs Necessary?

    States which have received final authorization from EPA under RCRA 
section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous waste 
program that is equivalent to, consistent with, and no less stringent 
than the Federal program. As the Federal program changes, States must 
change their programs and ask EPA to authorize the changes. Changes to 
State programs may be necessary when Federal or State statutory or 
regulatory authority is modified or when certain other changes occur. 
Most commonly, States must change their programs because of changes to 
EPA's regulations in 40 Code of Federal Regulations (CFR) parts 124, 
260 through 266, 268, 270, 273 and 279.

B. What Decisions Have We Made in This Rule?

    We conclude that Florida's application to revise its authorized 
program meets all of the statutory and regulatory requirements 
established by RCRA. Therefore, we grant Florida Final authorization to 
operate its hazardous waste program with the changes described in the 
authorization application. Florida has responsibility for permitting 
Treatment, Storage, Disposal Facilities (TSDFs) within its borders 
(except in Indian Country) and for carrying out the aspects of the RCRA 
program described in its revised program application, subject to the 
limitations of the Hazardous and Solid Waste Amendments of 1984 (HSWA). 
New Federal requirements and prohibitions imposed by Federal 
regulations that EPA promulgates under the authority of HSWA take 
effect in authorized States before they are authorized for the 
requirements. Thus, EPA will implement those requirements and 
prohibitions in Florida, including issuing permits, until the State is 
granted authorization to do so.

C. What Is the Effect of Today's Authorization Decision?

    The effect of this decision is that a facility in Florida subject 
to RCRA will now have to comply with the authorized State requirements 
instead of the equivalent Federal requirements in order to comply with 
RCRA. Florida has enforcement responsibilities under its state 
hazardous waste program for violations of such program, but EPA retains 
its authority under RCRA sections 3007, 3008, 3013, and 7003, which 
include, among others, authority to:
     Do inspections, and require monitoring, tests, analyses or 
reports
     Enforce RCRA requirements and suspend or revoke permits
     Take enforcement actions regardless of whether the State 
has taken its own actions
    This action does not impose additional requirements on the 
regulated community because the regulations for which Florida is being 
authorized by today's action are already effective, and are not changed 
by today's action.

D. Why Wasn't There a Proposed Rule Before Today's Rule?

    EPA did not publish a proposal before today's rule because we view 
this as a routine program change and do not expect comments that oppose 
this approval. We are providing an opportunity for public comment now. 
In addition to this rule, in the proposed rules section of today's 
Federal Register we are publishing a separate document that proposes to 
authorize the state program changes.

E. What Happens If EPA Receives Comments That Oppose This Action?

    If EPA receives comments that oppose this authorization, we will 
withdraw this rule by publishing a document in the Federal Register 
before the rule becomes effective. EPA will base any further decision 
on the authorization of the state program changes on the proposal 
mentioned in the previous paragraph. We will then address all public 
comments in a later final rule. You may not have another opportunity to 
comment. If you want to comment on this authorization, you must do so 
at this time.
    If we receive comments that oppose only the authorization of a 
particular change to the State hazardous waste program, we will 
withdraw that part of this rule but the authorization of the program 
changes that the comments do not oppose will become effective on the 
date specified above. The Federal Register withdrawal document will 
specify which part of the authorization will become effective, and 
which part is being withdrawn.

F. What Has Florida Previously Been Authorized For?

    Florida initially received Final authorization on January 29, 1985, 
effective February 12, 1985 (50 FR

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3908), to implement the RCRA hazardous waste management program. We 
granted authorization for changes to their program on December 1, 1987, 
effective March 3, 1988 (52 FR 45634), December 16, 1988, effective 
January 3, 1989 (53 FR 50529), December 14, 1990, effective February 
12, 1991 (55 FR 51416), February 5, 1992, effective April 6, 1992 (57 
FR 4371), February 7, 1992, effective April 7, 1992 (57 FR 4738), May 
20, 1992, effective July 20, 1992 (57 FR 21351), November 9, 1993, 
effective January 10, 1994, (58 FR 59367), July 11, 1994, effective 
September 9, 1994 (59 FR 35266), August 16, 1994, effective October 17, 
1994 (59 41979), October 26, 1994, effective December 27, 1994 (59 FR 
53753), April 1, 1997, effective June 2, 1997 (62 FR 15407). The 
authorized Florida program was incorporated by reference into the CFR 
on January 20, 1998, effective March 23, 1998 (63 FR 2896).

G. What Changes Are We Authorizing With Today's Action?

    On July 17, 2000, Florida submitted a final complete program 
revision application, seeking authorization of their changes in 
accordance with 40 CFR 271.21. Florida's revisions consist of 
provisions contained in HSWA Clusters I and II (Corrective Action), 
RCRA Cluster III (Corrective Action Management Units), and RCRA Cluster 
VII (Organic Air Emission Standards). We now make an immediate final 
decision, subject to receipt of written comments that oppose this 
action, that Florida's hazardous waste program revision satisfies all 
of the requirements necessary to qualify for Final authorization. 
Therefore, we grant Florida Final authorization for the following 
program changes:

----------------------------------------------------------------------------------------------------------------
                                                                                                      Effective/
  Description of federal requirement          Federal Register          Analogous/State authority        date
----------------------------------------------------------------------------------------------------------------
Checklist 17L HSWA Codification Rule;  7/15/85, 50 FR 28702-28755...  62-730.180(1) Florida               2/4/00
 HSWA Corrective Action.                                               Administrative Code
                                                                       (F.A.C.); 62-730.180(4)(b),
                                                                       F.A.C; 62-730.180(6),
                                                                       F.A.C.; 403.704(29),
                                                                       403.721(2), 403.721(6) (f),
                                                                       (h), (i), and (j),
                                                                       403.722(3), 403.724,
                                                                       403.8055, Florida Statutes
                                                                       (F.S.).
                                       40 CFR 270.60(b)(3)..........  *
                                       40 CFR 270.60(b)(3)(vii).....  **
Checklist 44B HSWA Codification Rule   12/1/87, 52 FR 45788-45799...  62-730.180(1) F.A.C.; 62-           2/4/00
 2; Corrective Action Beyond the                                       730.180(4)(b) F.A.C.; 62-
 Facility Boundary.                                                    730.180(6) F.A.C.;
                                                                       403.704(29), 403.721(2),
                                                                       403.721(6)(f) and (h),
                                                                       403.724, 403.8055, F.S.
Checklist 121 Corrective Action        2/16/93, 58 FR 8658-8685.....  62-730.020(1) F.A.C.;               2/4/00
 Management Units and Temporary Units.                                 403.704(29), 403.721(2),
                                                                       403.8055, F.S.; 62-
                                                                       730.180(1) F.A.C.; 62-
                                                                       730.180(6) F.A.C.;
                                                                       403.704(29), F.S.;
                                                                       403.721(2), 403.721(6),
                                                                       403.722(3), 403.724,
                                                                       403.8055, F.S.;
                                                                       62.730.180(2), F.A.C.;
                                                                       403.704(29), 403.721(2),
                                                                       403.721(6), 403.8055, F.S.;
                                                                       62-730.183, F.A.C.;
                                                                       403.704(29), 403.721(2),
                                                                       403.8055, F.S.; 62-
                                                                       730.220(3), F.A.C.;
                                                                       403.704(29), 403.721(2),
                                                                       403.8055, F.S.
                                       270.42 Appendix 1 (optional    This optional rule was not
                                        requirements).                 adopted by Florida. Rule 62-
                                                                       730.290(1)(d), F.A.C. states
                                                                       that the Department may
                                                                       require permit modifications
                                                                       for the causes set forth in
                                                                       40 CFR 270.41 and 270.42.
Checklist 154 Consolidated Organic     12/6/94, 59 FR 62896; 5/19/    62-204.800(7)(e)1., Air            10/1/99
 Air Emission Standards for Tanks,      95, 60 FR 26828; 9/29/95, 60   Pollution Control F.A.C.,         2/4/00
 Surface Impoundments, and Containers   FR 50426; 11/13/95, 60 FR      403.061(7), 403.8055, F.S.
 (HSWA).                                56952; 2/9/96, 61 FR 4903; 6/  62-730.021(1)(a), F.A.C.
                                        5/96, 61 FR 28508; 11/25/96,   403.721(2), 403.8055, F.S.
                                        61 FR 59932.                   62-730.030(1), F.A.C.
                                                                       403.72(1), 403.8055, F.S. 62-
                                                                       730.160(1), F.A.C.
                                                                       403.721(2), 403.8055, F.S.
                                                                       62-730.180(1) F.A.C.
                                                                       403.721(2) & (6), 403.8055,
                                                                       F.S. 62-730.180(2), F.A.C.
                                                                       403.721(2) & (6), 403.8055
                                                                       F.S. 62-730.220(3), F.A.C.
                                                                       403.061(7), 403.087,
                                                                       403.721(2), 403.722(2), (3),
                                                                       (4), & (7), 403.8055, F.S.
----------------------------------------------------------------------------------------------------------------
\*\ The Florida Hazardous Waste Program does not manage the UIC program. Therefore it does not adopt 40 CFR
  270.60.
\**\ The Florida Hazardous Waste Program does not manage the NPDES program. Therefore, it does not adopt 40 CFR
  270.60(b)(3)(vii).

H. Where Are the Revised State Rules Different From the Federal 
Rules?

    There are no State requirements in this program revision considered 
to be more stringent or broader in scope than the Federal requirements.

I. Who Handles Permits After the Authorization Takes Effect?

    Florida will issue permits for all the provisions for which it is 
authorized and will administer the permits it issues. EPA will continue 
to administer any RCRA hazardous waste permits or portions of permits 
which we issued prior to the effective date of this authorization until 
the permits expire or are terminated. We will not issue any more new 
permits or new portions of permits for the provisions listed in the 
Table above after the effective date of this authorization. EPA will 
continue to

[[Page 56258]]

implement and issue permits for HSWA requirements for which Florida is 
not yet authorized.

J. How Does Today's Action Affect Indian Country (18 U.S.C. 115) in 
Florida?

    Florida is not authorized to carry out its hazardous waste program 
in Indian country within the State, which includes:

 Seminole Tribe of Florida
 Miccosukee Tribe of Indians of Florida

Therefore, this action has no effect on Indian country. EPA will 
continue to implement and administer the RCRA program in these lands.

K. What Is Codification and Is EPA Codifying Florida's Hazardous 
Waste Program as Authorized in This Rule?

    Codification is the process of placing the State's statutes and 
regulations that comprise the State's authorized hazardous waste 
program into the Code of Federal Regulations. We do this by referencing 
the authorized State rules in 40 CFR part 272. We reserve the amendment 
of 40 CFR part 272, subpart K for this authorization of Florida's 
program changes until a later date.

L. Administrative Requirements

    The Office of Management and Budget has exempted this action from 
the requirements of Executive Order 12866 (58 FR 51735, October 4, 
1993), and therefore this action is not subject to review by OMB. This 
action authorizes state requirements for the purpose of RCRA 3006 and 
imposes no additional requirements beyond those imposed by state law. 
Accordingly, I certify that this action will not have a significant 
economic impact on a substantial number of small entities under the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this action 
authorizes pre-existing requirements under state law and does not 
impose any additional enforceable duty beyond that required by state 
law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4). For the same reason, this 
action also does not significantly or uniquely affect the communities 
of tribal governments, as specified by Executive Order 13084 (63 FR 
27655, May 10, 1998). This action will not have substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government, as specified 
in Executive Order 13132 (64 FR 43255, August 10, 1999), because it 
merely authorizes state requirements as part of the State RCRA 
hazardous waste program without altering the relationship or the 
distribution of power and responsibilities established by RCRA. This 
action also is not subject to Executive Order 13045 (62 FR 19885, April 
23, 1997), because it is not economically significant and it does not 
make decisions based on environmental health or safety risks.
    Under RCRA 3006(b), EPA grants a State's application for 
authorization as long as the State meets the criteria required by RCRA. 
It would thus be inconsistent with applicable law for EPA, when it 
reviews a State authorization application, to require the use of any 
particular voluntary consensus standard in place of another standard 
that otherwise satisfies the requirements of RCRA. Thus, the 
requirements of section 12(d) of the National Technology Transfer and 
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required 
by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996), 
in issuing this rule, EPA has taken the necessary steps to eliminate 
drafting errors and ambiguity, minimize potential litigation, and 
provide a clear legal standard for affected conduct. EPA has complied 
with Executive Order 12630 (53 FR 8859, March 15, 1988) by examining 
the takings implications of the rule in accordance with the ``Attorney 
General's Supplemental Guidelines for the Evaluation of Risk and 
Avoidance of Unanticipated Takings'' issued under the executive order. 
This rule does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this document and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication in the Federal Register. A major rule cannot take effect 
until 60 days after it is published in the Federal Register. This 
action is not a ``major rule'' as defined by 5 U.S.C. 804(2). This 
action will be effective November 17, 2000.

List of Subjects in 40 CFR Part 271

    Environmental protection, Administrative practice and procedure, 
Confidential business information, Hazardous waste, Hazardous waste 
transportation, Indian lands, Intergovernmental relations, Penalties, 
Reporting and recordkeeping requirements.

    Authority: This action 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).

    Dated: August 29, 2000.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 00-23779 Filed 9-15-00; 8:45 am]
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