[Federal Register Volume 67, Number 136 (Tuesday, July 16, 2002)]
[Rules and Regulations]
[Pages 46600-46603]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-17695]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-7241-4]


Georgia: Final Authorization of State Hazardous Waste Management 
Program Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate final rule.

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SUMMARY: Georgia 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 Georgia'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 September 16, 
2002 unless EPA receives adverse written comment by August 15, 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, Georgia 30303-8960; (404) 562-8440. You can view 
and copy Georgia's application from 8 a.m. to 4:30 p.m. at the 
following addresses: The Georgia Department of Natural Resources 
Environmental Protection Division, 205 Butler Street, Suite 1154 East, 
Atlanta, Georgia 30334-4910, 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 Georgia's application to revise its authorized 
program meets all of the statutory and regulatory requirements 
established by RCRA. Therefore, we grant Georgia Final authorization to 
operate its

[[Page 46601]]

hazardous waste program with the changes described in the authorization 
application. Georgia has responsibility for permitting Treatment, 
Storage, and Disposal Facilities (TSDFs) within its borders 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 Georgia, 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 Georgia 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. Georgia 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 Georgia 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 Georgia Previously Been Authorized for?

    Georgia initially received Final authorization on August 7, 1984, 
effective August 21, 1984 (49 FR 31417), to implement the RCRA 
hazardous waste management program. We granted authorization for 
changes to their program on July 7, 1986, effective September 18, 1986 
(51 FR 24549), July 28, 1988, effective September 26, 1988 (53 FR 
28383), July 24, 1990, effective September 24, 1990 (55 FR 30000), 
February 12, 1991, effective April 15, 1991 (56 FR 5656), May 11, 1992, 
effective July 10, 1992 (57 FR 20055), November 25, 1992, effective 
January 25, 1993 (57 FR 55466), February 26, 1993, effective April 27, 
1993 (58 FR 11539), November 16, 1993, effective January 18, 1994 (58 
FR 60388), April 26, 1994, effective June 27, 1994 (59 FR 21664), May 
10, 1995, effective July 10, 1995 (60 FR 24790), August 30, 1995, 
effective October 30, 1995 (60 FR 45069), March 7, 1996, effective May 
6, 1996 (61 FR 9108), September 18, 1998, effective November 17, 1998 
(63 FR 49852), October 14, 1999, effective December 13, 1999 (64 FR 
55629), and November 28, 2000, effective March 30, 2001 (66 FR 8090).

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

    On April 28, 2000, Georgia submitted a final complete program 
revision application, seeking authorization of their changes in 
accordance with 40 CFR 271.21. Georgia's revision consists of 
provisions promulgated July 1, 1998 through June 30, 1999, otherwise 
known as RCRA Cluster IX. We now make an immediate final decision, 
subject to receipt of written comments that oppose this action, that 
Georgia's hazardous waste program revision satisfies all of the 
requirements necessary to qualify for Final authorization. Therefore, 
we grant Georgia Final authorization for the following program changes:

----------------------------------------------------------------------------------------------------------------
   Description of federal requirement                Federal Register             Analogous State authority \1\
----------------------------------------------------------------------------------------------------------------
Checklist 169--Petroleum Refining         08/06/98.............................  12-8-62(2),(9), (10), and (20),
 Process Wastes.                          63 FR 42184..........................   12-8-64(1)(D), (I), and (M),
                                                                                  12-8-65(a)(16) and (21),
                                                                                  Georgia Hazardous Waste
                                                                                  Management Act (GHWMA),
                                                                                  Official Code of Georgia
                                                                                  (O.C.G.A.) Rule 391-3-11-
                                                                                  .07(1) 12--8-62(10) and (20),
                                                                                  12-8-64(1)(D) and (J), 12-8-
                                                                                  65(a)(16) and (21) GHWMA,
                                                                                  O.C.G.A. Rule 391-3-11-.07(1)
                                                                                  12-8-62(10) and (20), 12-8-
                                                                                  64(1)(D) and (J), 12-8-
                                                                                  65(a)(16) and (21) GHWMA,
                                                                                  O.C.G.A. Rule 391-3-11-.07(1)
                                                                                  12-8-62(10) and (20), 12-8-
                                                                                  64(1)(J) and (L), 12-8-
                                                                                  65(a)(16) and (21) GHWMA,
                                                                                  O.C.G.A. Rules 391-3-11.07(1)
                                                                                  and 391-3-11-.10(3) 12-8-
                                                                                  62(14) and (23), 12-8-
                                                                                  64(1)(A), (B), (D), (F) and
                                                                                  (I), 12-8-65(a)(16) and (21)
                                                                                  GHWMA, O.C.G.A. Rule 391-3-11-
                                                                                  .16.
Checklist 170--Land Disposal              08/31/98.............................  12-8-62(14) and (23), 12-8-
 Restrictions Phase IV--Zinc              63 FR 46334..........................   64(1)(A), (B), (D), (F), and
 Micronutrient Fertilizers, Amendment.                                            (I), 12-8-65(a)(16) and (21)
                                                                                  GHWMA, O.C.G.A. Rule 391-3-11-
                                                                                  .16.

[[Page 46602]]

 
Checklist 171--Emergency Revision of      09/04/98.............................  12-8-62(14) and (23), 12-8-
 Land Disposal Restrictions (LDR)         63 FR 47415..........................   64(1)(A), (B), (D), (F), and
 Treatment Standards for Listed                                                   (I), 12-8-65(a)(16) and (21)
 Hazardous Wastes from Carbamate                                                  GHWMA, O.C.G.A. Rule 391-3-11-
 Production.                                                                      .16.
Checklist 172--Land Disposal              09/9/98..............................  12-8-62(14) and (23), 12-8-
 Restrictions Phase IV--Extension of      63 FR 48127..........................   64(1)(A), (B), (D), (F), and
 Compliance Date for Characteristic                                               (I), 12-8-65(a)(16) and (21)
 Slags.                                                                           GHWMA, O.C.G.A. Rule 391-3-11-
                                                                                  .16.
Checklist 173--Land Disposal              09/24/98.............................  12-8-62(14) and (23), 12-8-
 Restrictions; Treatment Standards for    63 FR 51264..........................   64(1) (A), (B), (D), (F), and
 Spent Potliners from Primary Aluminum                                            (I), 12-8-65(a)(16) and (21),
 Reduction (K088); Final Rule.                                                    GHWMA, O.C.G.A. Rule 391-3-11-
                                                                                  .16 12-8-62(23). 12-8-
                                                                                  64(1)(A), (B), (D), (F), and
                                                                                  (I), 12-8-65(a)(16) and (21)
                                                                                  GHWMA, O.C.G.A. Rule 391-3-11-
                                                                                  .16.
Checklist 174--Post-Closure Permit        10/22/98.............................  Rules \2\ 391-3-11-.05(1), 391-
 Requirements and Closure Process.        63 FR 5671...........................   3-11-.10(1), 391-3-11-.10(2),
                                                                                  and 391-3-11-.11(1)(a).
Checklist 175--HWIR-Media...............  11/30/98.............................  12-8-62(10) and (20), 12-8-
                                          63 FR 65937..........................   64(1)(D) and (J), 12-8-
                                                                                  65(a)(16) and (21) GHWMA,
                                                                                  O.C.G.A. Rule 391-3-11-.07(1)
                                                                                  12-8-64(1)(A),(B),(D),(F), and
                                                                                  (I), 12-8-65(a)(16) and (21),
                                                                                  12-8-66(e) GWHWM, O.C.G.A.
                                                                                  Rules 391-3-11-.10(2), 391-3-
                                                                                  11-.11(10) 12-8-
                                                                                  64(1)(A),(B),(B),(D),(F), and
                                                                                  (I), 12-8-65(a)(16) and (21)
                                                                                  GHWMA, O.C.G.A. Rules 391-3-11-
                                                                                  .02(1) and 391-3-11-.10(2) 12-
                                                                                  8-64(1)(A),(B),(D),(F), and
                                                                                  (I), 12-8-65(a)(16) and (21)
                                                                                  GHWMA, O.C.G.A. Rules 391-3-11-
                                                                                  .02(1), 391-3-11-.10(1) and
                                                                                  (2), 3391-3-11.16 12-8-
                                                                                  64(1)(A),(B),(D),(F), and (I),
                                                                                  12-8-65(a)(16) and (31) GHWMA,
                                                                                  O.C.G.A. Rules 391-3-11-.02
                                                                                  and 391-3-11-.10(2) 12-8-
                                                                                  64(1)(A),(B),(C),(D),(E),(F),
                                                                                  and (I), 12-8-65(a)(3),(16),
                                                                                  and (21), 12-8-66 GHWMA,
                                                                                  O.C.G.A. Rules 391-3-11-
                                                                                  .11(3)(d) and (f), (7)(d), and
                                                                                  (12), 391-3-11-.11(10).
Checklist 176--Universal Waste Rule--     12/24/98.............................  12-8-62-(13), 12-8-64(1)(A),
 Technical Amendments.                    63 FR 71229..........................   (B), (D),(E),(F),(I),(K),(L),
                                                                                  12-8-65(a)(16) and (21) GHWMA,
                                                                                  O.C.G.A. Rule 391-3-11-.18 12-
                                                                                  8-62-(13), 12-8-
                                                                                  64(1)(A),(B),(D),(E),(F),(I),(
                                                                                  K),(L), 12-8-65(a)(16) and
                                                                                  (21) GHWMA, O.C.G.A. Rule 391-
                                                                                  3-11-.10(3) and 391-3-11.18.
Checklist 177--Organic Air Emission       01/21/99.............................  12-8-64(1)(A),(B),(C),(D),(E),
 Standards: Clarification and Technical   64 FR 3388...........................   and (F), 12-8-65(a)(3),(16),
 Amendments.                                                                      and (21) GHWMA, O.C.G.A. Rules
                                                                                  391-1-11-.08(1) and 391-3-11-
                                                                                  .10(1) and (2).
Checklist 178--Petroleum Refining         02/11/99.............................  12-8-62(10), 12-8-64(1)(D), 12-
 Process Wastes--Leachate Exemption.      64 FR 6813...........................   8-65(a)(16) and (21) GHWMA,
                                                                                  O.C.G.A. Rule 391-3-11-.07(1).
Checklist 179--Land Disposal              05/11/99.............................  12-8-62(10) and (20), 12-8-
 Restrictions Phase IV--Technical         64 FR 25413..........................   64(1)(D), and (J), 12-8-
 Corrections and Clarifications to                                                65(a)(16) and (21) GHWMA,
 Treatment Standards.                                                             O.C.G.A. Rule 391-3-11-.07(1)
                                                                                  12-8-62(20), 12-8-
                                                                                  64(1)(D),(J), and (L), 12-8-
                                                                                  65(a)(16) and (21) GHWMA,
                                                                                  O.C.G.A. Rule 391-3-11-.07(1)
                                                                                  12-8-62(14) and (23), 12-8-
                                                                                  64(1)(A),(B),(D),(F), and (I),
                                                                                  12-8-65(a)(16) and (21) GHWMA,
                                                                                  O.C.G.A. Rule 391-3-11-.16 12-
                                                                                  8-62(14) and (23), 12-8-
                                                                                  64(1)(A), (B),(D),(E),(F), and
                                                                                  (I), 12-8-65(a)(16) and (21)
                                                                                  GHWMA, O.C.G.A. Rules 391-3-11-
                                                                                  .08(1) and 391-3-11.16 12-8-
                                                                                  62(14) and (23), 12-8-
                                                                                  64(1)(A),(B),(D),(E),(F), and
                                                                                  (I), 12-8-65(a)(16) and (21)
                                                                                  GHWMA, O.C.G.A. Rule 391-3-11-
                                                                                  .16 12-8-62(14) and (23), 12-8-
                                                                                  64(1)(A),(B),(D),(F), and (I),
                                                                                  12-8-65(a)(16) and (21) GHWMA,
                                                                                  O.C.G.A. Rule 391-3-11-.16 12-
                                                                                  8-62(14) and (23), 12-8-
                                                                                  64(1)(A),(B),(D),(F), and (I),
                                                                                  12-8-65(a)(16) and (21) GHWMA,
                                                                                  O.C.G.A. Rule 391-3-11-.16 12-
                                                                                  8-62(23), 12-8-
                                                                                  64(1)(A),(B)(D),(F), and (I),
                                                                                  12-8-65(a)(16) and (21) GHWMA,
                                                                                  O.C.G.A. Rule 391-3-11-.16.
Checklist 180--Test Procedures for the    05/14/99.............................  12-8-62(10), (13), and (20), 12-
 Analysis of Oil and Grease and Non-      64 FR 26327..........................   8-64(1)(A),(B),(D), and (F),
 Polar Material.                                                                  12-8-65(a)(16) and (21) GHWMA,
                                                                                  O.C.G.A. Rule 391-3-11-.02(1)
----------------------------------------------------------------------------------------------------------------
\1\ The Georgia provisions are from the Georgia Hazardous Waste Management Regulations effective November 16,
  2000.
\2\ State does not seek authorization for enforceable documents in lieu of post-closure permits.

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?

    Georgia 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 
they expire or are terminated. We will not issue any more new permits 
or new portions of permits

[[Page 46603]]

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 Georgia is not yet authorized.

J. What Is Codification and Is EPA Codifying Georgia'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 L for this authorization of Georgia's 
program until a later date.

K. 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 (Public Law 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 September 16, 2002.

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 42 
U.S.C. 6912(a), 6926, 6974(b).

A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 02-17695 Filed 7-15-02; 8:45 am]
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