[Federal Register Volume 66, Number 1 (Tuesday, January 2, 2001)]
[Rules and Regulations]
[Pages 22-23]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-33427]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-6926-8]


Florida: Final Authorization of State Hazardous Waste Management 
Program Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate final rule-response to comments.

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SUMMARY: On September 18, 2000, EPA published an action to grant 
Florida final authorization for several changes to its hazardous waste 
program under the Resource Conservation and Recovery Act (RCRA) (65 FR 
56256). These revisions consisted of the Corrective Action provisions 
contained in rules promulgated on July 15, 1985 (HSWA Codification 
Rule; HSWA Corrective Action), December 1, 1987 (HSWA Codification 
Rule: Corrective Action Beyond the Facility Boundary), February 16, 
1993 (Corrective Action Management Units and Temporary Units), and 
December 6, 1994, as amended May 19, 1995, September 9, 1995, November 
13, 1995, February 9, 1996, June 5, 1996, and November 25, 1996 
(Consolidated Organic Air Emission Standards for Tanks, Surface 
Impoundments, and Containers). As was indicated in this document, EPA 
accepted written comments on this action until October 18, 2000. EPA 
received five written comments. Two of the commenters supported EPA's 
decision to grant Florida final authorization but offered 
recommendations regarding Florida's proposed manner of administration 
and implementation of the HSWA corrective action program. One commenter 
expressed the concern that the additional responsibilities the State 
would assume could negatively impact Florida's implementation of the 
RCRA program. EPA explained to this commenter that a Capability 
Assessment was performed on the State's program which concluded that 
Florida is capable of administering the Corrective Action and subpart 
CC programs. Another commenter was concerned that authorizing Florida 
for the subpart CC rules would relinquish EPA's oversight authority. 
EPA's response to this commenter explained that federal regulations are 
in place that give the Agency oversight responsibilities to evaluate 
the State's performance in administering the RCRA program. Finally, EPA 
received a written letter from a commenter that supported the intended 
delegation in principle, but expressed concern that the Final 
Authorization application, including the proposed Memorandum of 
Agreement, did not incorporate the RCRA Reforms which were announced on 
July 8, 1999, and which provide for ``faster, focused, and more 
flexible cleanups.'' To this commenter, EPA responded that ``The RCRA 
Reforms do not constitute rulemaking for which Florida is obliged to 
seek authorization. The purpose of the authorization process is to show 
equivalence to federal statutes and regulations to demonstrate the 
State's ability to carry out its program responsibilities once it is 
authorized.'' Further, the proposed language in the Memorandum of 
Agreement states that ``The State will conduct its hazardous waste 
program in a manner equivalent to the EPA program policies and 
guidance.'' EPA and the State interpret this to include all guidance 
published by EPA's Office of Solid Waste including the July 8, 1999, 
directive and any other appropriate guidance. EPA has communicated with 
Florida reemphasizing the importance of Florida's continued support and 
implementation of the corrective action program in a manner consistent 
with the RCRA Reforms. Florida acknowledges the importance of the 
Reforms and has reaffirmed its commitment to implementation of the 
Reforms. EPA has revised the attachment to the proposed Memorandum of 
Agreement to include more specific program guidance references which 
reflect the Reforms. EPA has determined that the addition of specific 
references to the proposed Memorandum of Agreement does not constitute 
a substantive change to the authorization document. In view of the fact 
that such guidance and policy was cited in a comprehensive way in the 
MOA, EPA made a decision to not withdraw the Immediate Final rule that 
grants Florida authorization as published in the September 18, 2000, 
Federal Register.

DATES: This final authorization became effective on November 17, 2000.

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

SUPPLEMENTARY INFORMATION: EPA, through this final action, retains its 
decision to authorize revisions to Florida's Hazardous Waste Management 
Program as published on September 18, 2000 (65 FR 56256).


[[Page 23]]


    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: December 1, 2000.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 00-33427 Filed 12-29-00; 8:45 am]
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