[Federal Register Volume 70, Number 35 (Wednesday, February 23, 2005)]
[Rules and Regulations]
[Pages 8731-8734]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-3363]



[[Page 8731]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-7875-7]


Mississippi: Final Authorization of State Hazardous Waste 
Management Program Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate final rule.

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SUMMARY: Mississippi 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 Mississippi's changes to its 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 April 25, 
2005, unless EPA receives adverse written comments by March 25, 2005. 
If EPA receives such comments, 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: Submit your comments by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
     E-mail: [email protected].
     Fax: (404) 562-8439 (prior to faxing, please notify the 
EPA contact listed below).
     Mail: Send written comments to Gail Middlebrooks at the 
address listed below.
    Instructions: Do not submit information that you consider to be CBI 
or otherwise protected through http://www.regulations.gov, or e-mail. 
The federal regulations.gov Web site is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comments. If you submit an 
electronic comment, EPA recommends that you include your name and other 
contact information in the body of your comment and with any disk or 
CD-ROM you submit.
    You can view and copy Mississippi's applications from 8 a.m. to 
4:30 p.m. at the following addresses: Mississippi Department of 
Environment Quality, Hazardous Waste Division, 101 W. Capital, Suite 
100, Jackson, Mississippi 39201; and EPA, Region 4, Library, 9th Floor, 
The Sam Nunn Atlanta Federal Center, 61 Forsyth Street, SW., Atlanta, 
Georgia 30303-3104; (404) 562-8190.

FOR FURTHER INFORMATION CONTACT: Gail Middlebrooks, RCRA Services 
Section, RCRA Programs Branch, Waste Management Division, U.S. 
Environmental Protection Agency, Region 4, The Sam Nunn Atlanta Federal 
Center, 61 Forsyth Street, SW., Atlanta, Georgia 30303-3104; (404) 562-
8494.

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 Mississippi's applications to revise its 
authorized program meet all of the statutory and regulatory 
requirements established by RCRA. Therefore, we grant Mississippi Final 
authorization to operate its hazardous waste program with the changes 
described in the authorization application. Mississippi 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 Mississippi, 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 Mississippi 
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. Mississippi 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 Mississippi 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.

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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 Mississippi Previously Been Authorized for?

    Mississippi initially received final authorization on June 13, 
1984, effective June 27, 1984 (49 FR 24377) to implement the RCRA 
hazardous waste management program. We granted authorization for 
changes to Mississippi's program on August 17, 1988, effective October 
17, 1988 (53 FR 31000), August 10, 1990, effective October 9, 1990 (55 
FR 32624), March 29, 1991, effective May 28, 1991 (56 FR 13079), June 
28, 1991, effective August 27, 1991 (56 FR 29589), May 11, 1992 
effective July 10, 1992 (57 FR 20056), on April 8, 1993, effective June 
7, 1993 (58 FR 18162), on October 20, 1993, effective December 20, 1993 
(58 FR 54044), on March 18, 1994, effective May 17, 1994 (59 FR 12857), 
on June 1, 1995, effective July 31, 1995 (60 FR 28539), and on August 
30, 1995, effective October 30, 1995 (60 FR 45071).

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

    On March 26, 1996, and June 1, 2004, Mississippi submitted final 
complete program revision applications, seeking authorization of its 
changes in accordance with 40 CFR 271.21. We now make an immediate 
final decision, subject to receipt of comments that oppose this action, 
that Mississippi's hazardous waste program revisions satisfy all of the 
requirements necessary to qualify for final authorization. Therefore, 
we grant final authorization for the following program changes:

------------------------------------------------------------------------
 Description of Federal requirement
        (revision checklist)            Federal Register date and page
------------------------------------------------------------------------
Checklist 126, Testing and            9/19/94, 59 FR 46040.
 Monitoring Activities.
Checklist 128, Wastes from the Use   1/4/94, 59 FR 458.
 of Chlorophenolic Formulations in
 Wood Surface Protection.
Checklist 129, Revision of           2/18/94, 59 FR 8362.
 Conditional Exemption for Small
 Scale Treatability Studies.
Checklist 130, Recycled Used Oil     3/4/94, 59 FR 10550.
 Management Standards; Technical
 Amendments and Corrections II.
Checklist 131, Recordkeeping         3/24/94, 59 FR 13891.
 Instructions; Technical Amendment.
Checklist 132, Wood Surface           6/2/94, 59 FR 28484.
 Protection; Correction.
Checklist 133, Letter of Credit       6/10/94, 59 FR 29958.
 Revision.
Checklist 134, Correction of         6/20/94, 59 FR 31551.
 Beryllium Powder (PO15) Listing.
Checklist 135, Recovered Oil          7/28/94, 59 FR 38536.
 Exclusion.
Checklist 136, Removal of the        8/24/94, 59 FR 43496.
 Conditional Exemption for Certain
 Slag Residues.
Checklist 137, Universal Treatment   9/19/94, 59 FR 47982.
 Standards and Treatment Standards
 for Organic Toxicity
 Characteristic Wastes and Newly
 Listed Wastes.
Checklist 139, Testing and           1/13/95, 60 FR 3089.
 Monitoring Activities Amendment I.
Checklist 140, Carbamate Production  2/9/95, 60 FR 7824.
 Identification and Listing of
 Hazardous Waste.
Checklist 141, Testing and           4/4/95, 60 FR 17001.
 Monitoring Activities Amendment II.
Checklist 142A, Universal Waste:      5/11/95, 60 FR 25492.
 General Provisions.
Checklist 142B. Universal Waste      5/11/95, 60 FR 25492.
 Rule: Specific Provisions for
 Batteries.
Checklist 142C, Universal Waste      5/11/95, 60 FR 25492.
 Rule: Specific Provisions for
 Pesticides.
Checklist 142E, Universal Waste      5/11/95, 60 FR 25492.
 Rule: Petition Provisions to Add a
 New Universal Waste.
Checklist 144, Removal of Legally     6/29/95, 60 FR 33912.
 Obsolete Rules.
Checklist 145, Liquids in Landfills   7/11/95, 60 FR 35703.
 III.
Checklist 148, RCRA Expanded Public   12/11/95, 60 FR 63417.
 Participation.
Checklist 150, Amendments to the     3/26/96, 61 FR 13103.
 Definition of Solid Waste;
 Amendment II.
Checklist 151, Land Disposal         4/8/96, 61 FR 15566.
 Restrictions Phase III--
 Decharacterized Wastewaters,
 Carbamate Wastes, and Spent
 Potliners.
Checklist 153, Conditionally Exempt  7/1/96, 61 FR 34252.
 Small Quantity Generator Disposal
 Options Under Subtitle D.
Checklist 154, Consolidated Organic  11/25/96, 59 FR 59932.
 Air Emission Standards for Tanks,
 Surface Impoundments, and
 Containers.
Checklist 155, Land Disposal         1/14/97, 62 FR 1992.
 Restrictions Phase III--Emergency
 Extension of the KO88 Capacity
 Variance.
Checklist 156, Military Munitions    2/12/97, 62 FR 6622.
 Rule: Hazardous Waste
 Identification and Management:
 Explosives Emergencies; Manifest
 Exemption for Transport of
 Hazardous Waste on Right-of Ways
 on Contiguous Properties.
Checklist 157, Land Disposal         5/12/97, 62 FR 25998.
 Restrictions Phase IV--Treatment
 Standards for Wood Preserving
 Wastes, Paperwork Reduction and
 Streamlining, Exemptions from RCRA
 for Certain Processed Materials;
 and Miscellaneous Hazardous Waste
 Provisions.
Checklist 158, Testing and           6/13/97, 62 FR 32452.
 Monitoring Activities Amendment
 III.
Checklist 159, Conformance With the   6/17/97, 62 FR 32974.
 Carbamate Vacttur.
Checklist 160, Land Disposal         7/14/97, 62 FR 37694.
 Restrictions Phase III--Emergency
 Extension of the KO88 National
 Capacity Variance, Amendment.
Checklist 161, Emergency Revision    8/28/97, 62 FR 45568.
 of the Carbamate Land Disposal
 Restrictions.
Checklist 162, Clarification of      12/5/97, 62 FR 64504.
 Standards for Hazardous Waste LDR
 Treatment Variances.
Checklist 163, Organic Air Emission  12/8/97, 62 FR 64636.
 Standards for Tanks, Surface
 Impoundments, and Containers;
 Clarification and Technical
 Amendment.
Checklist 164, Kraft Mill Steam      4/15/98, 63 FR 18504.
 Stripper Condensate Exclusion.
Checklist 166, Recycled Used Oil     5/6/98, 63 FR 24963; 7/14/98, 63 FR
 Management Standards; Technical      37780.
 Correction and Clarification.
Checklist 167A, Land Disposal        5/26/98, 63 FR 28556.
 Restrictions Phase IV--Treatment
 Standards for metal Wastes and
 Mineral Processing Wastes.
Checklist 167B, Land Disposal        5/26/98, 63 FR 29556.
 Restrictions Phase IV--Hazardous
 Soils Treatment Standards and
 Exclusions.
Checklist 167C, Land Disposal        5/26/98, 63 FR 28556.
 Restrictions Phase IV--Corrections.
Checklist 167F, Exclusion of         5/26/98, 63 FR 28556.
 Recycled Wood Preserving
 Wastewaters.

[[Page 8733]]

 
Checklist 168, Hazardous Waste       6/19/98, 63 FR 33782.
 Combustors; Revised Standards.
Checklist 169, Petroleum Refining     8/6/98, 63 FR 42110.
 Process Wastes.
Checklist 170, Land Disposal         8/31/98, 63 FR 46332.
 Restrictions Phase IV--Zinc
 Micronutrient Fertilizers,
 Amendment.
Checklist 171, Emergency Revision    9/4/98, 63 FR 47410.
 of the Land Disposal Restrictions
 Treatment Standards for Listed
 hazardous Wastes from Carbamate
 Production.
Checklist 174, Post-Closure Permit   10/22/98, 63 FR 56710.
 Requirement and Closure Process.
Checklist 175, HWIR--Media.........   11/3/98, 63 FR 65874.
Checklist 176, Universal Rule--       12/24/98, 63 FR 71225.
 Technical Amendments.
Checklist 177, Organic Air Emission  1/21/99, 64 FR 3382.
 Standards; Clarification and
 Technical Amendments.
Checklist 178, Petroleum Refining    2/11/99, 64 FR 6806.
 Process Wastes--Leachate Exemption.
Checklist 179, Land Disposal         5/11/99, 64 FR 25408.
 Restrictions Phase IV--Technical
 Corrections and Clarifications to
 Treatment Standards.
Checklist 180, Test Procedures for   5/14/99, 64 FR 26315.
 the Analysis of Oil and Grease and
 Non-Polar Material.
Checklist 181, Universal Waste       7/6/99, 64 FR 36466.
 Rule: Specific Provisions for
 Hazardous Waste Lamps.
Checklist 182, Hazardous Air         9/30/99, 64 FR 52828; 11/19/99, 64
 Pollutant Standards for Combustors.  FR 63209.
Checklist 183, Land Disposal         10/20/99, 64 FR 56469.
 Restrictions Phase IV--Technical
 Corrections.
Checklist 184, Accumulation Time     3/8/00, 65 FR 12378.
 for Waste Water Treatment Sludges.
Checklist 185, Organobromine          3/17/00, 65 FR 14472.
 Production Wastes Vacatur.
Checklist 187, Petroleum Refining    6/8/00, 64 FR 36365.
 Process Wastes--Clarification.
------------------------------------------------------------------------

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

    There are no State requirements that are more stringent or broader 
in scope than the Federal requirements.

I. Who Handles Permits After the Authorization Takes Effect?

    Mississippi 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. At the time the State program is approved, EPA will 
suspend issuance of Federal permits in the State. EPA will transfer any 
pending permit applications, completed permits or pertinent file 
information to the State within thirty days of the approval of the 
State program. 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 Mississippi is not 
yet authorized.

J. How Does Today's Action Affect Indian Country (18 U.S.C. 115) in 
Mississippi?

    The State of Mississippi's Hazardous Waste Program is not being 
authorized to operate in Indian Country.

K. What Is Codification and Is EPA Codifying Mississippi'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 RR for this authorization of Mississippi'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 (Pub. L. 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 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 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

[[Page 8734]]

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 April 25, 2005.

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 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: February 2, 2005.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 05-3363 Filed 2-22-05; 8:45 am]
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