[Federal Register Volume 70, Number 17 (Thursday, January 27, 2005)]
[Rules and Regulations]
[Pages 3894-3896]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-1531]



[[Page 3894]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-7864-6]


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 March 28, 
2005, unless EPA receives adverse written comment by February 28, 2005. 
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 Audrey E. Baker, Georgia 
Authorizations Coordinator, RCRA Programs Branch, Waste Management 
Division, U.S. Environmental Protection Agency, The Sam Nunn Federal 
Center, 61 Forsyth Street, SW, Atlanta, Georgia 30303-8960; (404) 562-
8483. You may also e-mail your comments to [email protected] or 
submit your comments at http://www.regulations.gov. We must receive 
your comments by February 28, 2005. You can view and copy Georgia's 
application from 8 a.m. to 4:30 p.m. at The Georgia Department of 
Natural Resources, Environmental Protection Division, 2 Martin Luther 
King, Jr. Drive, Suite 1154 East Tower, 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, John Wright, Librarian.

FOR FURTHER INFORMATION CONTACT: Audrey E. Baker, Georgia 
Authorizations Coordinator, RCRA Programs Branch, Waste Management 
Division, U.S. Environmental Protection Agency, The Sam Nunn Federal 
Center, 61 Forsyth Street, SW, Atlanta, Georgia 30303-8960; (404) 562-
8483.

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 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

[[Page 3895]]

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), November 28, 2000, effective March 30, 2001 (66 FR 8090), July 
16, 2002, effective September 16, 2002 (67 FR 46600), November 19, 
2002, effective January 21, 2003 (67 FR 69690), and July 18, 2003, 
effective September 16, 2003.

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

    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, 
2001 through June 30, 2002, and July 1, 2002 through June 30, 2003, 
otherwise known as RCRA Clusters XII and XIII. The Georgia Board of 
Natural Resources adopted the rules for RCRA Cluster XII on December 4, 
2002, which became effective December 30, 2002. The rules for RCRA 
Cluster XIII were adopted by the same board on January 28, 2004, and 
were effective February 22, 2004. 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                              Analogous State
         requirement            Federal Register          authority
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Checklist 194, Hazardous      October 3, 2001 66    391-3-11-.07(1)
 Waste Identification Rule     FR 50332-50334.       Georgia Rule for
 Corrections: Revisions to    December 3, 2001 66    Hazardous Waste
 Mixture and Derived-From      FR 60153-60154.       Management
 Rule.
Checklist 195,                November 20, 2001 66  391-3-11-.07(1), 391-
 Identification and Listing    FR 58258-58300.       .3-11-.16 Georgia
 of Hazardous Waste:          April 9, 2002 66 FR    Rules for Hazardous
 Inorganic Chemical            17119-17120.          Waste Management
 Manufacturing Wastes; Land
 Disposal Restrictions for
 Newly Identified Wastes.
Checklist 196, CAMU           January 22, 2002 67   391-3-11-.02(1), 391-
 Amendments.                   FR 2962-3029.         3-11-.10(2) Georgia
                                                     Rules for Hazardous
                                                     Waste Management
Checklist 197, Interim        February 13, 2002 67  391-3-11-.10(1), 391-
 Standards for Air             FR 6792-6818.         3-11-.10(2), 391-3-
 Pollutants for Hazardous                            11-.10(3), 391-3-11-
 Waste Combustors.                                   .11(3)(c), 391-3-11-
                                                     .11(3)(h), 391-3-11-
                                                     .11(10) Georgia
                                                     Rules for Hazardous
                                                     Waste Management
Checklist 198, Hazardous Air  February 14, 2002 67  391-3-11.10(3), 391-
 Pollutant Standards for       FR 6968-6996.         3-11-.11(7)(d)
 Hazardous Waste Combustors.                         Georgia Rules for
                                                     Hazardous Waste
                                                     Management
Checklist 199, Vacatur of     March 13, 2002 67 FR  391-3-11-.07(1)
 Mineral Processing Spent      11251-11254.          Georgia Rules for
 Materials Being Reclaimed                           Hazardous Waste
 as Solid Wastes and TCLP                            Management
 Use with MGP Waste.
Checklist 200, Zinc           July 24, 2002 67 FR   391-3-11-.07(1), 391-
 Fertilizer Made From          48393-48415.          3-11-.10(3), 391-3-
 Recycled Hazardous                                  11-.16 Georgia
 Secondary Material.                                 Rules for Hazardous
                                                     Waste Management
Checklist 201, Land Disposal  October 7, 2002 67    391-3-11-.16 Georgia
 Restrictions: National        FR 62618-62625.       Rules for Hazardous
 Treatment Variance to                               Waste Management
 Designate New Treatment
 Subcategories for
 Radioactively Contaminated
 Cadmium-, Mercury-, and
 Silver-Containing Batteries.
Checklist 202, NESHAP:        December 19, 2002 67  391-3-11-.11(10),
 Standards for Hazardous Air   FR 77687-77692.       391-3-11-.10(13)
 Pollutants for Hazardous                            391-3-11-.11(3)(h)
 Waste Combustors-                                   Georgia Rules for
 Corrections.                                        Hazardous Waste
                                                     Management
------------------------------------------------------------------------

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 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 changes until a later date.

[[Page 3896]]

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). For the same reason, 
this action also does not significantly or uniquely affect the 
communities of Tribal governments, as specified by 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.
    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 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 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 March 28, 2005.

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, and 6974(b).

    Dated: January 6, 2005.
A. Stanley Meiburg,
Deputy Regional Administrator, Region 4.
[FR Doc. 05-1531 Filed 1-26-05; 8:45 am]
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