[Federal Register Volume 66, Number 247 (Wednesday, December 26, 2001)]
[Rules and Regulations]
[Pages 66340-66342]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-31487]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-7120-8]


Kentucky: Final Authorization of State Hazardous Waste Management 
Program Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate final rule.

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SUMMARY: Kentucky 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 Kentucky's changes to their hazardous waste program will take 
effect as provided below. 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 February 25, 
2002 unless EPA receives adverse written comment by January 25, 2002. 
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, GA, 30303-3104; (404) 562-8440. You can view and 
copy Kentucky's application from 8 a.m. to 4:30 p.m. at the following 
addresses: Kentucky Department for Environmental Protection, Division 
of Waste Management, Fort Boone Plaza, Building 2, 18 Reilly Road, 
Frankfort, Kentucky 40601, (502) 564-6716; U.S. EPA, Region 4, Library, 
61 Forsyth Street, SW., Atlanta, Georgia 30303-3104; (404) 562-8190.

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, GA, 30303-3104; (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 Kentucky's application for the Omnibus Provision 
meets all of the statutory and regulatory requirements established by 
RCRA. Therefore, we grant Kentucky Final authorization to operate its 
hazardous waste program with the Omnibus Provision changes described in 
the authorization application. Kentucky has responsibility for 
permitting Treatment, Storage, and 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 Kentucky, 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 Kentucky 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. Kentucky has enforcement responsibilities under its state 
hazardous waste program for

[[Page 66341]]

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 regulation for which Kentucky is being 
authorized by today's action is already effective, and is 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 Kentucky Previously Been Authorized for?

    Kentucky initially received Final authorization on January 17, 
1985, effective January 31, 1985 (50 FR 46437), to implement the RCRA 
hazardous waste management program. We granted authorization for 
changes to their program on December 19, 1988, March 20, 1989, May 15, 
1989, November 30, 1992, March 13, 1995, May 25, 1996, June 25, 1996, 
and July 22, 1996.

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

    On June 14, 1996, Kentucky submitted a final complete program 
revision application, seeking authorization of their changes in 
accordance with 40 CFR 271.21. We now make an immediate final decision, 
subject to receipt of written comments that oppose this action, that 
Kentucky's hazardous waste program revision satisfies all of the 
requirements necessary to qualify for Final authorization. Therefore, 
we grant Kentucky Final authorization for the following program change:

------------------------------------------------------------------------
                                                      Analogous State
      Federal requirement        Federal Register      authority \1\
------------------------------------------------------------------------
17-O--Omnibus Provision.......  07/15/85           Kentucky Revised
                                50 FR 28702         Statutes (KRS)
                                                    224.10-100; 224.46-
                                                    520; 401 Kentucky
                                                    Administrative
                                                    Regulations (KAR)
                                                    38:030 Sec.  3
                                                    (2)(a).
------------------------------------------------------------------------
1 The Kentucky provision is from the Kentucky Administrative
  Regulations, effective March 10, 1988.

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

    There are no State requirements that are more stringent or broader 
in scope than the Federal requirements.

I. Who Handles Permits After the Authorization Takes Effect?

    Kentucky 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. At 
the time the State Program is approved in the new areas, EPA will 
suspend issuance of Federal permits in the State. EPA will transfer any 
pending permit applications, completed permits or pertinent file 
information to the State within thirty (30) days of the approval of the 
State program. Upon the effective date of an equivalent State permit, 
EPA will terminate those Federal permits issued pursuant to 40 CFR 
124.5 and 271.8 and Kentucky's compliance with Sec. 271.13 (d). EPA 
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 implement and issue permits for 
HSWA requirements for which Kentucky is not yet authorized.

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

    Kentucky's Hazardous Waste Program is not being authorized to 
operate in Indian country.

K. What Is Codification and Is EPA Codifying Kentucky'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 S for this authorization of Kentucky's 
program 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).
    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000), 
requires EPA

[[Page 66342]]

to develop an accountable process to ensure ``meaningful and timely 
input by tribal officials in the development of regulatory policies 
that have tribal implications.'' ``Policies that have tribal 
implications'' is defined in the Executive Order to include regulations 
that have ``substantial direct effects on one or more Indian tribes, on 
the relationship between the Federal government and the Indian tribes, 
or on the distribution of power and responsibilities between the 
Federal government and Indian tribes.'' This rule does not have tribal 
implications. It will not have substantial direct effects on tribal 
governments, on the relationship between the Federal government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal government and Indian tribes, as specified in 
Executive Order 13175. Kentucky is not approved to implement the RCRA 
hazardous waste program in Indian country. This action has no effect on 
the hazardous waste program that EPA implements in the Indian country 
within the State. Thus, Executive Order 13175 does not apply to this 
rule.
    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. This rule is not subject to 
Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355 
(May 22, 2001)) because it is not a significant regulatory action under 
Executive Order 12866.

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: October 17, 2001.
A. Stanley Meiburg,
Acting Regional Administrator, Region IV.
[FR Doc. 01-31487 Filed 12-21-01; 8:45 am]
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