[Federal Register Volume 71, Number 79 (Tuesday, April 25, 2006)]
[Rules and Regulations]
[Pages 23864-23867]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3851]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R04-RCRA-2006-0375; FRL-8161-2]


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 proposes to grant final authorization to 
Georgia. In the ``Rules and Regulations'' section of this Federal 
Register, EPA is authorizing the changes by an immediate final rule. 
EPA did not make a proposal prior to the immediate final rule because 
we believe this action is not controversial and do not expect comments 
that oppose it. We have explained the reasons for this authorization in 
the preamble of the immediate final rule. Unless we get written 
comments which oppose this authorization during the comment period, the 
immediate final rule will become effective on the date it establishes, 
and we will not take further action on this proposal. If we receive 
comments that oppose this action, we will withdraw the immediate final 
rule and it will not take effect. We will respond to public comments in 
a later final rule based on this proposal. You

[[Page 23865]]

may not have another opportunity for comment.

DATES: Final authorization will become effective on June 26, 2006 
unless EPA receives adverse written comment on or before May 25, 2006. 
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: Submit your comments, identified by Docket ID No. EPA-R04-
RCRA-2006-0375 by one of the following methods:
     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 Audrey E. Baker, RCRA 
Services Section, RCRA Programs Branch, Waste Management Division, U.S. 
Environmental Protection Agency, The Sam Nunn Federal Center, 61 
Forsyth Street, SW., Atlanta, Georgia 30303-8960.
     Hand Delivery: Audrey E. Baker, RCRA Services Section, 
RCRA Programs Branch, Waste Management Division, U.S. Environmental 
Protection Agency, The Sam Nunn Federal Center, 61 Forsyth Street, SW., 
Atlanta, Georgia 30303-8960. Such deliveries are only accepted during 
the Docket's normal hours of operation, and special arrangements should 
be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R04-RCRA-
2006-0375. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov including any personal information provided, unless 
the comment includes information claimed to be Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Do not submit information that you consider to be CBI or 
otherwise protected through www.regulations.gov or e-mail. The 
www.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 comment. If you send an e-mail comment 
directly to EPA without going through www.regulations.gov your e-mail 
address will be automatically captured and included as part of the 
comment that is placed in the public docket and made available on the 
Internet. 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. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses. (For additional 
information about EPA's public docket, visit the EPA Docket Center 
homepage at http://www.epa.gov/epahome/dockets.htm).
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in www.regulations.gov or in hard copy. You may view and copy Georgia's 
application at The EPA, Region 4, Library, The Sam Nunn Atlanta Federal 
Center, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. The 
Library is open from 8:30 a.m. to 4 p.m. Monday through Friday, 
excluding legal holidays. The Library telephone number is (404) 562-
8190.
    You may also 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.

FOR FURTHER INFORMATION CONTACT: Audrey E. Baker, RCRA Services 
Section, 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; fax 
number: (404) 562-8439; e-mail address: [email protected].

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 (TSDF) 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 This 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.

[[Page 23866]]

D. Why Wasn't There a Proposed Rule Before This 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 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), July 18, 2003, 
effective September 16, 2003 (68 FR 42605), and January 27, 2005, 
effective April 20, 2005 (70 FR 12973).

G. What Changes Are We Authorizing With This Action?

    On October 13, 2005, 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, 2003, through June 30, 2004, otherwise 
known as RCRA Cluster XIV. The Georgia Board of Natural Resources 
adopted the rules for RCRA Cluster XIV on December 7, 2004, which 
became effective January 9, 2005. 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 203, Recycled Used    July 30, 2003, 68  391-3-11-.07(1) and
 Oil Management Standards;       FR 44659-44665.    391-3-11-.17 Georgia
 Clarification.                                     Rule for Hazardous
                                                    Waste Management.
Checklist 204, National         April 22, 2004,    391-3-11-.08(1)
 Environmental Performance       69 FR 21737-       Georgia Rules for
 Track Program.                  21754.             Hazardous Waste
                                                    Management.
Checklist 205, NESHAP: Surface  April 26, 2004,    391-3-11-.10(1) and
 Coating of Automobiles and      69 FR 22601-       391-3-11-.10(2)
 Light-Duty Trucks.              22661.             Georgia Rules for
                                                    Hazardous Waste
                                                    Management.
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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.

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 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

[[Page 23867]]

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 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 June 26, 2006.

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: April 3, 2006.
A. Stanley Meiburg,
Deputy Regional Administrator, Region 4.
[FR Doc. 06-3851 Filed 4-24-06; 8:45 am]
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