[Federal Register Volume 71, Number 177 (Wednesday, September 13, 2006)]
[Rules and Regulations]
[Pages 53989-53991]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-15201]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R04-RCRA-2006-0575; FRL-8219-5]


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 proposes to grant final authorization to 
Alabama. 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 may not have another 
opportunity for comment.

DATES: Final authorization will become effective on November 13, 2006 
unless EPA receives adverse written comment on or before October 13, 
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-2006-0575 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 Gail Middlebrooks, 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: Gail Middlebrooks, 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-
2006-0575. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://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 http://www.regulations.gov or e-
mail. The http://www.regulations.gov website 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 http://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 http://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 http://www.regulations.gov, or in hard copy. You may view and copy 
Alabama'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 a.m. to 4:30 p.m. Monday through Friday, 
excluding legal holidays. The Library telephone number is (404) 562-
8190.
    You may also view and copy Alabama's application from 8 a.m. to 
4:30 p.m. at The Alabama Department of Environmental Management, 1400 
Coliseum Blvd., Montgomery, Alabama 36110-2059.

FOR FURTHER INFORMATION CONTACT: Gail Middlebrooks, 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) 562-8494; fax 
number: (404)

[[Page 53990]]

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 Alabama's application to revise its authorized 
program meets 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 (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 Alabama, 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 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 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 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 their 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), December 20, 2000, 
effective February 20, 2001 (65 FR 79769), March 15, 2005, effective 
May 16, 2005 (FR 70 12593), and on June 2, 2005, effective August 1, 
2005 (70 FR 32247).

G. What Changes Are We Authorizing With This Action?

    On March 6, 2006, Alabama submitted a final complete program 
revision application, seeking authorization of their changes in 
accordance with 40 CFR 271.21. Alabama's revision consists of 
provisions promulgated July 1, 2003, through June 30, 2004, otherwise 
known as RCRA Cluster XIV. The Alabama Department of Environmental 
Management adopted the rules for RCRA Cluster XIV effective March 31, 
2005. We can now make an immediate final decision, subject to receipt 
of written comments that oppose this action, that Alabama's hazardous 
waste program revision satisfies all of the requirements necessary to 
qualify for Final authorization. Therefore, we grant Alabama Final 
authorization for the following program changes:
    Alabama Department of Environmental Administrative Code, Division 
335-14, Hazardous Waste Program Regulations effective March 31, 2005.

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     Description of Federal                             Analogous state
           requirement             Federal Register        authority
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Checklist 203, Recycled Used Oil  July 30, 2003, 68   335-14-2-.01(5)(j)
 Management Standards;             FR 44659-44665.     , 335-14-17.02,
 Clarification.                                        335-14-17-.02(1)(
                                                       i), 335-14-17-
                                                       .08(5)

[[Page 53991]]

 
Checklist 205, National Emission  April 26, 2004, 69  335-14-5-.28(1),
 Standards for Hazardous Air       FR 22602-22661.     335-14-6-.28(1)
 Pollutants: Surface Coating of
 Automobiles and Light-Duty
 Trucks.
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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?

    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 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 Alabama is not yet authorized.

J. 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.

K. Administrative Requirements

    The Office of Management and Budget (OMB) 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 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 November 13, 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: August 31, 2006.
A. Stanley Meiburg,
Deputy Regional Administrator, Region 4.
 [FR Doc. E6-15201 Filed 9-12-06; 8:45 am]
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