[Federal Register Volume 67, Number 174 (Monday, September 9, 2002)]
[Proposed Rules]
[Pages 57191-57193]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-22810]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-7272-3]


Minnesota: Final Authorization of State Hazardous Waste 
Management Program Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: Minnesota has applied to EPA for Final authorization of the 
changes to its hazardous waste program under the Resource Conservation 
and Recovery Act (RCRA). Minnesota has submitted these changes so that 
it may implement the EPA approved U.S. Filter Recovery Systems (USFRS) 
XL project. EPA has determined that these changes satisfy all 
requirements needed to qualify for Final authorization, and is 
proposing to authorize the State's changes through this proposed final 
action.

DATES: Written comments must be received on or before October 9, 2002.

ADDRESSES: Send written comments to Gary Westefer, Minnesota Regulatory 
Specialist, DM-7J, 77 West Jackson Boulevard, Chicago, Illinois 60604. 
Please refer to Docket Number MN-XL1. You can view and copy Minnesota's 
application from 9 am to 4 pm at the following addresses: Minnesota 
Pollution Control Agency, 520 Lafayette Road, North, St. Paul, 
Minnesota 55155,

[[Page 57192]]

contact Nathan Cooley (651) 297-7544, and EPA Region and EPA Region 5, 
contact Gary Westefer, Minnesota Regulatory Specialist, U.S. EPA Region 
5, DM-7J, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 
886-7450.

FOR FURTHER INFORMATION CONTACT: Gary Westefer, Minnesota Regulatory 
Specialist, U.S. EPA Region 5, DM-7J, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 886-7450.

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 Minnesota's application to revise its authorized 
program meets all of the statutory and regulatory requirements 
established by RCRA. Therefore, we propose to grant Minnesota Final 
authorization to operate its hazardous waste program with the changes 
described in the authorization application. Minnesota 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 Minnesota, 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 to allow Minnesota to carry out the 
requirements outlined in the U.S. Filter Recovery Services XL Project 
promulgated in the May 22, 2001 Federal Register (66 FR 28066). On May 
23, 1995 (60 FR 27282), U.S. EPA issued guidance for XL projects, with 
the goal of reducing regulatory burden and promoting economic growth, 
while achieving better environmental and public health protection. XL 
Projects are required to provide alternative pollution reduction 
strategies pursuant to eight criteria. These criteria were met and 
approved in the May 22, 2001 Federal Register. This action merely 
allows Minnesota to carry out the requirements approved in the May 22, 
2001 Federal Register.
    Minnesota 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:
    [sbull] Do inspections, and require monitoring, tests, analyses or 
reports.
    [sbull] Enforce RCRA requirements and suspend or revoke permits.
    This action does not impose additional requirements on the 
regulated community. U.S. EPA believes that this project will result in 
cost savings and a reduction in the paperwork burden for generators. 
For more details please see the May 22, 2001 Federal Register (66 FR 
28066).

D. What Happens if EPA Receives Comments that Oppose This Action?

    If EPA receives comments that oppose this authorization, we will 
address such comments in a later Federal Register. You may not have 
another opportunity to comment. If you want to comment on this 
authorization, you must do it at this time.

E. What Has Minnesota Previously Been Authorized for?

    Minnesota initially received Final authorization on January 28, 
1985, effective February 11, 1985 (50 FR 3756) to implement the RCRA 
hazardous waste management program. We granted authorization for 
changes to their program on July 20, 1987, effective September 18, 1987 
(52 FR 27199); on April 24, 1989, effective June 23, 1989 (54 FR 16361) 
amended June 28, 1989 (54 FR 27170); on June 15, 1990, effective August 
14, 1990 (55 FR 24232); on June 24, 1991, effective August 23, 1991 (56 
FR 28709); on March 19, 1992, effective May 18, 1992 (57 FR 9501); on 
March 17, 1993, effective May 17, 1993 (58 FR 14321); on January 20, 
1994, effective March 21, 1994 (59 FR 2998); and on May 25, 2000, 
effective August 23, 2000 (65 FR 33774).

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

    On April 17, 2002, Minnesota submitted a final complete program 
revision application, seeking authorization of their changes in 
accordance with 40 CFR 271.21. We now make a final decision, subject to 
receipt of written comments that oppose this action, that Minnesota's 
hazardous waste program revision satisfies all of the requirements 
necessary to qualify for Final authorization. Therefore, we propose to 
grant Minnesota Final authorization for the following program changes:

------------------------------------------------------------------------
                                 Federal Register
    Description of federal        date and page
     requirement  (include         (and/or RCRA       Analogous state
    checklist , if         statutory            authority)
           relevant)                authority)
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Project XL Site-Specific        May 22, 2001, 66   Minnesota Statutes
 Rulemaking for US Filter        FR 28066.          sections 114C.10
 Recovery Services Roseville,                       through 114C.14
 Minnesota and Generators and                       Effective 1996; and
 Transporters of USFRS XL                           USFRS permit, and
 Waste.                                             MPCA generator and
                                                    transporter
                                                    standards based on
                                                    these Statues.
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G. Where Are the Revised State Rules Different From the Federal Rules?

    In the changes currently being made to Minnesota's program, there 
are no regulations more stringent than the Federal requirements. There 
are no broader-in-scope provisions in these changes, either.

H. Who Handles Permits After the Authorization Takes Effect?

    Minnesota will issue permits for all the provisions for which it is 
authorized and will administer the permits it

[[Page 57193]]

issues. EPA will continue to implement and issue permits for HSWA 
requirements for which Minnesota is not yet authorized. As the XL 
project involves new permits, Minnesota will issue any new permits or 
new portions of permits for the provisions listed in the Table above. 
EPA or Minnesota may enforce compliance with those permits.

I. How Does Today's Action Affect Indian Country (18 U.S.C. 1151) in 
Minnesota?

    Minnesota is not authorized to carry out its hazardous waste 
program in Indian country, as defined in 18 U.S.C. 1151. This includes:
    1. All lands within the exterior boundaries of Indian Reservations 
within or abutting the State of Minnesota, including:
    a. Bois Forte Indian Reservation
    b. Fond Du Lac Indian Reservation
    c. Grand Portage Indian Reservation
    d. Leech Lake Indian Reservation
    e. Lower Sioux Indian Reservation
    f. Mille Lacs Indian Reservation
    g. Prairie Island Indian Reservation
    h. Red Lake Indian Reservation
    i. Shakopee Mdewankanton Indian Reservation
    j. Upper Sioux Indian Reservation
    k. White Earth Indian Reservation
    2. Any land held in trust by the U.S. for an Indian tribe, and
    3. Any other land, whether on or off a reservation that qualifies 
as Indian country.
    Therefore, this action has no effect on Indian country. EPA will 
continue to implement and administer the RCRA program in these lands.

J. What Is Codification and Is EPA Codifying Minnesota'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 Y for this authorization of Minnesota's 
program changes 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 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). This action also does 
not have Tribal implications within the meaning of Executive Order 
13175 (65 FR 67249, November 9, 2000). 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. This action does not 
include environmental justice issues that require consideration under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    Under RCRA section 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) 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 final 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).

List of Subjects in 40 CFR Part 271

    Environmental protection, Administrative practice and procedure, 
Confidential business information, Hazardous materials transportation, 
Hazardous waste, Indians-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 22, 2002.
Bharat Mathur,
Acting Regional Administrator, Region 5.
[FR Doc. 02-22810 Filed 9-6-02; 8:45 am]
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