[Federal Register Volume 67, Number 161 (Tuesday, August 20, 2002)]
[Rules and Regulations]
[Pages 53886-53888]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-21190]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-7262-6]


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 October 21, 
2002, unless EPA receives adverse written comment by September 19, 
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 M. 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 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 M. 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, 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 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

[[Page 53887]]

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 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), August 23, 2001, effective 
October 22, 2001 (66 FR 44307). The authorized Florida program was 
incorporated by reference into the CFR on January 20, 1998, effective 
March 23, 1998 (63 FR 2896). Florida received corrective action 
authority on September 18, 2000, effective November 17, 2000 (65 FR 
56256).

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

    On September 10, 1998, 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 the Boilers and Industrial Furnaces rule. 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:

------------------------------------------------------------------------
   Description of Federal                              Analogous State
         requirement            Federal Register         authority*
------------------------------------------------------------------------
Consolidated Checklist for    56 FR 7134, 02/21/    Section 403.72(1),
 the Burning of Hazardous      91, 56 FR 32688, 07/  Florida Statute
 Waste in Boilers and          17/91; 56 FR 42504,   (F.S.) (1993 and
 Industrial Furnaces (85,      08/27/91; 56 FR       1994 Supplement);
 94, 96, 98, 105, 110, 111,    43874, 09/05/91; 57   Rule 62-730.030(1),
 114, 125, 127).               FR 27880, 06/22/92;   Florida
                               57 FR 37284, 08/18/   Administrative Code
                               92; 57 FR 38558, 08/  (F.A.C.), effective
                               25/92; 57 FR 44999,   January 5, 1995;
                               09/30/92; 58 FR       Section 403.72(1),
                               38816, 07/21/93,      F.S., (1993 and
                               and FR 58 59598, 12/  1994 Supplement);
                               09/93.                Rule 17-730.030(1),
                                                     F.A.C., effective
                                                     October 14, 1992;
                                                     Sections 403.72(1),
                                                     403.721(1),
                                                     403.721(2),
                                                     403.721(6),
                                                     403.721(7),
                                                     403.722, and
                                                     403.7895, F.S.
                                                     (1993 and 1994
                                                     Supplement); Rules
                                                     17-730.030(1) and
                                                     17-730.181, F.A.C.
                                                     effective October
                                                     14, 1992; Section
                                                     403.72(1), F.S.
                                                     (1993 and 1994
                                                     Supplement); Rule
                                                     17-730.030(1),
                                                     F.A.C., effective
                                                     October 7, 1993 and
                                                     January 5, 1995;
                                                     Section 403.72(1),
                                                     F.S. (1993 and 1994
                                                     Supplement); Rule
                                                     17-730.030(1),
                                                     F.A.C., effective
                                                     October 14, 1992;
                                                     Rule 62-730.030(1),
                                                     F.A.C., effective
                                                     January 5, 1995;
                                                     Sections
                                                     403.087(2),
                                                     403.704(16),
                                                     403.721(2),
                                                     403.722(3), and
                                                     403.722(7), F.S.
                                                     (1993 and 1994
                                                     Supplement); Rule
                                                     17-730.220(3),
                                                     F.A.C., effective
                                                     October 14, 1992;
                                                     Sections
                                                     403.704(15),
                                                     403.72(1),
                                                     403.721(1),
                                                     403.721(2),
                                                     403.721(6),
                                                     403.721(7),
                                                     403.722, and
                                                     403.7895, F.S.
                                                     (1993 and 1994
                                                     Supplement); Rules
                                                     17-730.020(1), 17-
                                                     730.021(1)(a), 17-
                                                     730.030(1), 17-
                                                     730.180(1), 17-
                                                     730.180(2), and 17-
                                                     730.181 F.A.C.,
                                                     effective October
                                                     14, 1992; Rules 62-
                                                     730.020(1), 62-
                                                     730.030(1),62-
                                                     730.180(1), 62-
                                                     730.180(2), and 62-
                                                     730.181(1), F.A.C.
                                                     effective January
                                                     5, 1995; Sections
                                                     403.721(1),
                                                     403.721(2),
                                                     403.721(6),
                                                     403.721(7),
                                                     403.722, and
                                                     403.7895, F.S.
                                                     (1993 and 1994
                                                     Supplement); Rule
                                                     17-730.181, F.A.C.,
                                                     effective October
                                                     14, 1992 and
                                                     October 7, 1993;
                                                     Sections
                                                     403.721(1),
                                                     403.721(2),
                                                     403.721(6),
                                                     403.721(7),
                                                     403.722, and
                                                     403.7895, F.S.
                                                     (1993 and 1994
                                                     Supplement); Rules
                                                     62-730.021(1)(a)
                                                     and 62-730.181(1),
                                                     F.A.C., effective
                                                     January 5, 1995;
                                                     Sections
                                                     403.721(1),
                                                     403.721(2),
                                                     403.721(6),
                                                     403.721(7),
                                                     403.722, and
                                                     403.7895, F.S.
                                                     (1993 and 1994
                                                     Supplement); Rule
                                                     62-730.181(1),
                                                     F.A.C., effective
                                                     January 5, 1995
------------------------------------------------------------------------
*On August 10, 1994, the Florida Administrative Code chapter 17-730 was
  renumbered as 62-730 as part of a reorganization of the Florida
  Department of Environmental Protection. The chapter title, ``Hazardous
  Waste,'' remained the same, and the contents of the Chapter did not
  change as a result of the renumbering.


[[Page 53888]]

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

    This section discusses certain rules where the State is broader in 
scope and will not be authorized and optional rules that the state did 
not adopt.
    The State of Florida's permitting requirements for boilers and 
industrial furnaces are broader in scope than the Federal requirements. 
Section 403.7895, F. S., requires a certification of need issued by the 
Governor and Cabinet sitting as the Statewide Multipurpose Hazardous 
Waste Facility Siting Board before a permit can be issued.
    The State did not adopt 40 CFR 260.20 and does not do delisting 
petitions. Section 120.54(5), Florida Statutes, describes what is 
required in Florida for rulemaking petitions.

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 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 section 
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 does not have tribal implications within the meaning of 
Executive Order 13175 (65 FR 67249, November 6, 2000). It does not have 
substantial direct effects on tribal governments, 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, as specified in Executive Order 13175. 
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.
    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 October 21, 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).

    Dated: July 30, 2002.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 02-21190 Filed 8-19-02; 8:45 am]
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