[Federal Register Volume 68, Number 16 (Friday, January 24, 2003)]
[Rules and Regulations]
[Pages 3429-3430]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-1626]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-7442-8]


Ohio: Final Authorization of State Hazardous Waste Management 
Program Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The EPA is granting Ohio final authorization of revisions to 
its hazardous waste program under the Resource Conservation and 
Recovery Act (RCRA). EPA published a proposed rule on October 21, 2002, 
and provided an opportunity for public comment. The public comment 
period ended on December 5, 2002. EPA received no comments. No further 
opportunity for public comment will be provided. EPA has determined 
that Ohio's revisions satisfy all requirements necessary for final 
authorization and is authorizing Ohio's revised program through this 
final action.

EFFECTIVE DATE: Final authorization for revisions to Ohio's hazardous 
waste management program will become effective on January 24, 2003.

FOR FURTHER INFORMATION CONTACT: Ms. Judy Feigler, Ohio Regulatory 
Specialist, U.S. Environmental Protection Agency, Waste, Pesticides and 
Toxics Division (DM-7J), 77 W. Jackson Blvd., Chicago, Illinois 60604, 
phone number: (312) 886-4179.

SUPPLEMENTARY INFORMATION:

A. Why Are Revisions to State Programs Necessary?

    States that have received final authorization from EPA under RCRA 
section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous waste 
program which is equivalent to, consistent with, and no less stringent 
than the federal program. As the federal program changes, states must 
revise their programs and ask EPA to authorize the revisions. Revisions 
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 revise 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 Were the Comments and Responses to EPA's Proposal?

    On October 21, 2002, EPA published a proposed rule (see 67 FR 
64594). In the rule, EPA proposed granting authorization of revisions 
to Ohio's hazardous waste program and provided an opportunity for 
public comment. EPA received no comments on the proposal.

C. What Decisions Have We Made in This Rule?

    EPA has determined that Ohio's revisions to its authorized program 
meet all the statutory and regulatory requirements established by RCRA. 
Therefore, EPA grants Ohio final authorization to operate its hazardous 
waste program with the revisions described in the authorization 
application. Ohio now 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 promulgated by EPA under the authority of HSWA take effect 
in authorized states before the states are authorized for the 
requirements. Thus, EPA implements those requirements and prohibitions 
in Ohio, including issuing permits, until Ohio is granted authorization 
to do so.

D. What Revisions Are We Authorizing With Today's Action?

    On June 25, 2002, Ohio submitted a complete program revision 
application, seeking authorization of its revisions in accordance with 
40 CFR 271.21. EPA now makes a final decision that Ohio's hazardous 
waste management program, as revised, satisfies all requirements under 
RCRA necessary to qualify for final authorization. Therefore, EPA 
grants Ohio final authorization for the program revisions described in 
the October 21, 2002, proposed rule (67 FR 64594). For further details, 
see the October 21, 2002 proposed rule.

E. What Is the Effect of Today's Authorization Decision?

    The effect of this decision is that a facility in Ohio that is 
subject to RCRA will now have to comply with the authorized state 
requirements in lieu of the corresponding federal requirements in order 
to comply with RCRA. Such facilities must also comply with any 
applicable federally-issued requirements, such as, for example, HSWA 
regulations issued by EPA for which Ohio has not received 
authorization, and RCRA requirements that are not supplanted by 
authorized state-issued requirements. Ohio will issue permits for all 
provisions for which it is authorized and will administer the permits 
that it issues. Ohio continues to have enforcement responsibility under 
its state hazardous waste management program for violations of that 
program, but EPA retains authority under RCRA sections 3007, 3008, 3013 
and 7003 (42 U.S.C. 6927, 6928, 6934 and 6973) which includes, among 
others, the authority to:
    [sbull] Conduct inspections and require monitoring, tests, analyses 
or reports;
    [sbull] Enforce RCRA requirements and suspend or revoke permits; 
and
    [sbull] Take enforcement action regardless of whether Ohio has 
taken its own actions.
    Today's action to approve these revisions does not impose 
additional requirements on the regulated community because the 
regulations included in the program revisions affected by this 
authorization decision are already effective under state law and are 
not changed by today's action.

F. Who Handles Permits After the Authorization Takes Effect?

    Ohio will issue permits for all provisions for which it is 
authorized and will administer the permits that it issues. EPA will 
continue to administer any RCRA hazardous waste permits or portions of 
permits that EPA issued prior to the effective date of this 
authorization, until they expire or are terminated. EPA will not issue 
any more new permits or new portions of permits for the provisions for 
which Ohio is authorized after the effective date of this 
authorization. EPA will continue to implement and issue permits for 
HSWA requirements for which Ohio is not yet authorized.

G. What Has Ohio Previously Been Authorized for?

    Ohio initially received final authorization effective June 30, 1989 
(54 FR 27170-27174, June 28, 1989) to implement the RCRA hazardous 
waste management program. We granted authorization for changes to 
Ohio's program effective June 7, 1991 (56 FR 14203, April 8, 1991), as 
corrected June 7, 1991 (56 FR 28808, June 19, 1991); effective 
September 25, 1995 (60 FR 51244, July 27, 1995); and effective December 
23, 1996 (61 FR 54950, October 23, 1996).

H. What Is the Effect of Authorizing Ohio for These Revisions on Indian 
Country (18 U.S.C. 1151) in Ohio?

    Ohio is not authorized to carry out its hazardous waste program in 
``Indian

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country,'' as defined in 18 U.S.C. 1151. Indian country includes:
    1. All lands within the exterior boundaries of Indian reservations 
within or abutting the State of Ohio;
    2. Any land held in trust by the U.S. for an Indian tribe; and
    3. Any other land, whether on or off an Indian reservation that 
qualifies as Indian country. Therefore, this action has no effect on 
Indian country. EPA retains the authority to implement and administer 
the RCRA program in Indian country. However, at this time, there is no 
Indian country within the State of Ohio.

I. What Is Codification and Is EPA Codifying Ohio's Hazardous Waste 
Program as Authorized in This Rule?

    Codification is the process of placing a 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 P, for authorization of Ohio's program 
revisions until a later date.

J. Administrative Requirements

    The Office of Management and Budget has exempted RCRA authorization 
from the requirements of Executive Order 12866 (58 FR 51735, October 4, 
1993), and therefore this action is not subject to review by OMB. 
Furthermore, this action 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 authorizes State requirements for the purpose of RCRA 3006 
and imposes no additional requirements beyond those imposed by state 
law. This authorization will effectively suspend the applicability of 
certain federal regulations in favor of Ohio's program, thereby 
eliminating duplicate requirements in the state. Authorization will not 
impose any new burdens on small entities. 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). This action 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 action does not include environmental 
justice-related issues that require consideration under Executive Order 
12898 (59 FR 7929, 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 action 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: January 9, 2003.
Bharat Mathur,
Deputy Regional Administrator, Region 5.
[FR Doc. 03-1626 Filed 1-23-03; 8:45 am]
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