[Federal Register Volume 70, Number 48 (Monday, March 14, 2005)]
[Rules and Regulations]
[Pages 12416-12419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-4952]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-7883-5]


Tennessee: Final Authorization of State Hazardous Waste 
Management Program Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate final rule.

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SUMMARY: Tennessee has applied to EPA for Final authorization of the 
changes to its hazardous waste program under the

[[Page 12417]]

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 Tennessee'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 May 13, 2005, 
unless EPA receives adverse written comments by April 13, 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 Gwen Gleaton 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 Tennessee's applications from 8 a.m. to 4:30 
p.m. at the following addresses: Tennessee Department of Environment 
and Conservation, Division of Solid Waste Management, 5th Floor, L & C 
Tower, 401 Church Street, Nashville, Tennessee 37243-1535; 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: Gwen Gleaton, 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) 562-8500.

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 Tennessee's application to revise its authorized 
program meets all of the statutory and regulatory requirements 
established by RCRA. Therefore, we grant Tennessee Final authorization 
to operate its hazardous waste program with the changes described in 
the authorization application. Tennessee 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 Tennessee, 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 Tennessee 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. Tennessee 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 Tennessee are 
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 12418]]

Register withdrawal document will specify which part of the 
authorization will become effective, and which part is being withdrawn.

F. What Has Tennessee Previously Been Authorized for?

    Tennessee initially received final authorization on January 22, 
1985, effective February 5, 1985 (50 FR 2820) to implement the RCRA 
hazardous waste management program. We granted authorization for 
changes to Tennessee's program on December 8, 2004, effective February 
7, 2005 (69 FR 70898), April 11, 2003, effective June 10, 2003 (68 FR 
17748), December 26, 2001, effective February 25, 2002 (66 FR 66342), 
October 26, 2000, effective December 26, 2000 (65 FR 64161), September 
15, 1999, effective November 15, 1999 (64 FR 49998), January 30, 1998, 
effective March 31, 1998 (63 FR 45870), on May 23, 1996, effective July 
22, 1996 (61 FR 25796), on August 24, 1995, effective October 23, 1995 
(60 FR 43979), on May 8, 1995, effective July 7, 1995 (60 FR 22524), on 
June 1, 1992, effective July 31, 1992 (57 FR 23063), and on June 12, 
1987, effective August 11, 1987 (52 FR 22443).

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

    On December 27, 2004, Tennessee 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 
Tennessee's hazardous waste program revision satisfies all of the 
requirements necessary to qualify for final authorization. Therefore, 
we grant final authorization for the following program changes:

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    Description of federal       Federal Register     Analogous state
          requirement             date and page        authority \1\
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200--Zinc Fertilizer Rule.....  67 FR 48393......  Tennessee Revised
                                07/24/02.........   Code 1200-1-11-
                                                    .02(1)(d),
                                                    02(1)(d)1(xxii),
                                                    .02(1)(d)1(xxii)(I)
                                                    & (II),
                                                    .02(1)(d)1(xxii)(II)
                                                    I & II,
                                                    .02(1)(d)1(xxii)(II)
                                                    II.A-II.C,
                                                    .02(1)(d)1(xxii)(II)
                                                    III-IV,
                                                    .02(1)(d)1(xxii)(II)
                                                    IV.A-IV.C,
                                                    .02(1)(d)1(xxii)(III
                                                    ),
                                                    .02(1)(d)1(xxii)(III
                                                    )I-IV,
                                                    .02(1)(d)1(xxii)(IV)
                                                    -(V),
                                                    .02(1)(d)1(xxiii),
                                                    .02(1)(d)1(xxiii)I,
                                                    .02(1)(d)1(xxiii) I-
                                                    II,
                                                    .02(1)(d)1(xxiii)(II
                                                    )-(III),
                                                    .02(1)(d)1(xxiii)(II
                                                    I) I-VI, .09(3)(a)2
                                                    & 4, .09(3)(a)4(i) &
                                                    (ii), .10(3)(a)9.
201--Treatment Variance for     67 FR 62618......  Tennessee Revised
 Radioactively Contaminated     10/07/02.........   Code 1200-1-11-
 Batteries.                                         .10(3)(a)Table.
202--Hazardous Air Pollutant    67 FR 77687......  Tennessee Revised
 Standards for Combustors--     12/19/02.........   Code 1200-1-11-
 Corrections 2.                                     .07(5)(b)5(v),
                                                    .07(5)(b)8,
                                                    .07(1)(e),
                                                    .07(1)(j).
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\1\ The Tennessee provisions are from the Tennessee Hazardous Waste
  Management Regulations effective September 6, 2004.

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?

    Tennessee 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 Tennessee is not yet authorized.

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

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

K. What Is Codification and Is EPA Codifying Tennessee'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 Tennessee'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 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.

[[Page 12419]]

    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 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 May 13, 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, 6974(b).

    Dated: February 25, 2005.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 05-4952 Filed 3-11-05; 8:45 am]
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