[Federal Register Volume 70, Number 105 (Thursday, June 2, 2005)]
[Rules and Regulations]
[Pages 32247-32249]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-10993]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-7920-6]


Alabama: Final Authorization of State Hazardous Waste Management 
Program Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate final rule.

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SUMMARY: Alabama 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 Alabama'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 August 1, 2005 
unless EPA receives adverse written comments by July 5, 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 Alabama's application from 8 a.m. to 5 p.m. 
at the following addresses: Alabama Department of Environmental 
Management, 1400 Coliseum Blvd., Montgomery, Alabama 36130-1463; (334) 
271-7700 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 Alabama's applications to revise its authorized 
program meet all of the statutory and regulatory requirements 
established by RCRA. Therefore, we grant Alabama Final authorization to 
operate its hazardous waste program with the changes described in the 
authorization application. Alabama 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

[[Page 32248]]

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which part is being withdrawn.

F. What Has Alabama Previously Been Authorized for?

    Alabama initially received final authorization on December 8, 1987, 
effective December 22, 1987, (52 FR 46466) to implement the RCRA 
hazardous waste management program. We granted authorization for 
changes to Alabama's program on November 29, 1991, effective January 
28, 1992 (56 FR 60926), May 13, 1992, effective July 12, 1992 (57 FR 
20422), October 21, 1992, effective December 21, 1992 (57 FR 47996), 
March 17, 1993, effective May 17, 1993 (58 FR 20422), September 24, 
1993 effective November 23, 1993 (58 FR 49932), February 1, 1994, 
effective April 4, 1994 (59 FR 4594), November 14, 1994, effective 
January 13, 1995 (59 FR 56407), August 14, 1995, effective October 13, 
1995 (60 FR 41818), February 14, 1996, effective April 15, 1996 (61 FR 
5718), April 25, 1996, effective June 24, 1996 (61 FR 5718), November 
21, 1997 effective February 10, 1998 (62 FR 62262), and on December 20, 
2000 effective February 20, 2001 (65 FR 79769).

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

    On April 6, 2005, Alabama submitted final complete program revision 
application, 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 Alabama'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        Analogous state  authority \1\
----------------------------------------------------------------------------------------------------------------
Checklist 200, Zinc Fertilizers      7/24/02, 67 FR 48393.................  335-14-2-.01, 335-14-7-03, 335-14-9-
 Made from Recycled Hazardous                                                .04(1)
 Secondary Materials.
Checklist 201, Land Disposal         10/7/02, 67 FR 62618.................  335-14-9-.04(1)
 Restrictions: National Treatment
 Variance To Designate new
 Treatment Subcategories for
 Radioactively Contaminated
 Cadmium, Mercury, and Silver-
 Containing Batteries.
Checklist 202, NESHAP: Standards     12/19/02, 67 FR 77687................  335-14-8-.02(10)(e), 335-14-8-
 for Hazardous Air Pollutants for                                            .02(13), 335-14-8-.06(2), 335-14-8-
 Hazardous Waste Combustors-                                                 .06(5)
 Corrections.
----------------------------------------------------------------------------------------------------------------
\1\ Alabama Department of Environmental Administrative Code, Division 335-14, Hazardous Waste Program
  Regulations effective April 2, 1999, March 31, 2000, April 13, 2001, March 15, 2002, April 17, 2003, and May
  27, 2004.

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

    Alabama's analog, 335-14-1-.02(1), to 40 CFR 260.10, includes the 
definition for ``Corrective action management unit (CAMU)'' which has 
been moved to 40 CFR 265.552(a) under the Federal rules.

I. Who Handles Permits After the Authorization Takes Effect?

    Alabama 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

[[Page 32249]]

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 Alabama is 
not yet authorized.

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

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

K. What Is Codification and Is EPA Codifying Alabama'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 B for this authorization of Alabama'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 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 August 1, 2005.

List of Subjects in 40 CFR Part 271

    Environmental protection, Administrative practice and procedure, 
Confidential business information, Hazardous material 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: May 11, 2005.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 05-10993 Filed 6-1-05; 8:45 am]
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