[Federal Register Volume 73, Number 135 (Monday, July 14, 2008)]
[Proposed Rules]
[Pages 40263-40266]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-16022]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-8691-3]


Minnesota: Final Authorization of State Hazardous Waste 
Management Program Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: Minnesota has applied to EPA for final authorization of the 
changes to its hazardous waste program under the Resource Conservation 
and Recovery Act (RCRA). Minnesota has submitted these changes so that 
it may implement the EPA-approved Joint Powers Agreement (JPA) with 
Hennepin County, Minnesota. EPA has reviewed Minnesota's application 
and has preliminarily determined that these changes satisfy all 
requirements needed to qualify for final authorization, and is 
proposing to authorize the State's changes through this proposed final 
action.

DATES: Written comments must be received on or before August 13, 2008.
    Effective Dates and Duration: This approval will become effective 
when the final Federal Register notice is published. This approval will 
expire automatically if the JPA between the State of Minnesota and 
Hennepin

[[Page 40264]]

County is terminated or expires without renewal.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
RCRA-2008-0468, by one of the following methods:
    http://www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    E-mail: [email protected].
    Mail: Gary Westefer, Minnesota Regulatory Specialist, LR-8J, U.S. 
EPA, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604.
    Instructions: Direct your comments to Docket ID Number EPA-R05-
RCRA-2008-0468. 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 for 
which 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 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 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 or 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.epagov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some of the 
information is not publicly available, e.g., CBI or other information 
for which 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 can 
view and copy Minnesota's application from 9 a.m. to 4 p.m. at the 
following addresses: Minnesota Pollution Control Agency, 520 Lafayette 
Road, North, St. Paul, Minnesota 55155, contact Tanya Maurice, (651) 
297-1793; and U.S. EPA Region 5, 77 West Jackson Boulevard, Chicago, 
Illinois 60604, contact Gary Westefer, Minnesota Regulatory Specialist, 
LR-8J, (312) 886-7450.

FOR FURTHER INFORMATION CONTACT: Gary Westefer, Minnesota Regulatory 
Specialist, U.S. EPA Region 5, LR-8J, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 886-7450, e-mail [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 Minnesota's application to revise its authorized 
program meets all of the statutory and regulatory requirements 
established by RCRA. Therefore, we propose to grant Minnesota final 
authorization to operate its hazardous waste program with the changes 
described in the authorization application. Minnesota 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 Minnesota, including 
issuing permits, until the State is granted authorization to do so.

C. What Is the Effect of the Proposed Authorization Decision?

    The effect of this decision is to allow Minnesota to implement the 
EPA approved JPA with Hennepin County. Hennepin County will be able to 
conduct an agreed number of inspections, within Hennepin County, 
annually on behalf of the Minnesota Pollution Control Agency (MPCA). 
The JPA does not affect MPCA's enforcement responsibility.
    Minnesota continues to have 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, require monitoring, tests, analyses, or 
reports, and
     Enforce RCRA requirements and suspend or revoke permits.
    This action does not impose additional requirements on the 
regulated community because there are no new regulations or inspection 
requirements created by this action. Metro County authorities, 
including Hennepin County, are already performing inspections at RCRA 
facilities.

D. What Happens if EPA Receives Comments That Oppose This Action?

    If EPA receives comments that oppose this authorization, we will 
address such comments in a later Federal Register. You may not have 
another opportunity to comment. If you want to comment on this 
authorization, you must do it at this time.

E. What Has Minnesota Previously Been Authorized for?

    Minnesota initially received final authorization on January 28, 
1985, effective February 11, 1985 (50 FR 3756) to implement the RCRA 
hazardous waste management program. We granted authorization for 
changes to their program on July 20, 1987, effective September 18, 1987 
(52 FR 27199); on April 24, 1989, effective June 23, 1989 (54 FR 16361) 
amended June 28, 1989 (54 FR 27170); on June 15, 1990, effective August 
14, 1990 (55 FR 24232); on June 24, 1991, effective August 23, 1991 (56 
FR 28709); on March 19, 1992, effective May 18, 1992 (57 FR 9501); on 
March 17, 1993, effective May 17, 1993 (58 FR 14321); on January 20, 
1994,

[[Page 40265]]

effective March 21, 1994 (59 FR 2998); and on May 25, 2000, effective 
August 23, 2000 (65 FR 33774). Minnesota also received authorization 
for the U.S. Filter Recovery Services Project XL on May 22, 2001, 
effective May 22, 2001 (66 FR 28085).

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

    On February 25, 2008, Minnesota submitted a final complete program 
revision application, seeking authorization of their changes in 
accordance with 40 CFR 271.21. We have determined, subject to receipt 
of written comments that oppose this action, that Minnesota's hazardous 
waste program revision satisfies all of the requirements necessary to 
qualify for final authorization. Therefore, we propose to grant 
Minnesota final authorization for the following program changes:

------------------------------------------------------------------------
                                 Federal Register
Description of state initiated    date and page
   change (include checklist       (and/or RCRA       State authority
    , if relevant)         statutory
                                    authority)
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Joint Powers Agreement between  42 U.S.C. 6926     Minnesota Statutes
 the Minnesota Pollution         and 6929, 40 CFR   sections 13.02,
 Control Agency and Hennepin     271.16 and         effective 1974 as
 County.                         271.17.            amended; 13.39,
                                                    effective 1981 as
                                                    amended; 115.071,
                                                    effective 1973 as
                                                    amended; 115.072,
                                                    effective 1973 as
                                                    amended; 116.07,
                                                    effective 1967 as
                                                    amended; 116.075,
                                                    effective 1971 as
                                                    amended; 471.59,
                                                    effective 1943 as
                                                    amended; 473.151,
                                                    effective 1976 as
                                                    amended; 473.811,
                                                    effective 1975 as
                                                    amended.
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    Sections 13.02 and 13.39 of the Minnesota Statutes cover data 
practices. Section 13.02 includes political subdivisions such as 
counties as well as the State agencies. Section 13.39 provides for 
public access to all data except that legally classified as nonpublic. 
Section 115.071 provides for adequate enforcement tools including civil 
and criminal penalties meeting the requirements of 40 CFR 271.16. 
Section 115.072 allows the State agency to seek recovery of its 
litigation costs. Section 116.07 authorizes MPCA to adopt hazardous 
waste rules. Section 116.072 authorizes the issuance of Administrative 
Penalty Orders meeting the requirements of 40 CFR 271.16. Section 
116.075 governs treatment of trade secret data as does Section 473.151, 
which also authorizes sharing of this information to comply with 
Federal law as required in 40 CFR 271.17(a). Section 471.59 provides 
the legal basis for governmental units such as MPCA and Hennepin County 
to enter into a cooperative agreement. Section 473.811 provides the 
seven Metro Counties (including Hennepin) authority to inspect waste 
facilities for enforcement purposes.

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

    In the changes currently being made to Minnesota's program, there 
are no revisions of State regulations.

H. Who Handles Permits After the Authorization Takes Effect?

    Minnesota will issue permits for all the provisions for which it is 
authorized and will administer the permits it issues. EPA will continue 
to implement and issue permits for HSWA requirements for which 
Minnesota is not yet authorized. EPA or Minnesota may enforce 
compliance with those permits. There are no new permits, or alterations 
to existing permits created by the JPA.

I. How Does Today's Action Affect Indian Country (18 U.S.C. 1151) in 
Minnesota?

    Minnesota is not authorized to carry out its hazardous waste 
program in Indian country, as defined in 18 U.S.C. 1151. This includes:
    1. All lands within the exterior boundaries of Indian Reservations 
within or abutting the State of Minnesota, including:
    a. Bois Forte Indian Reservation.
    b. Fond Du Lac Indian Reservation.
    c. Grand Portage Indian Reservation.
    d. Leech Lake Indian Reservation.
    e. Lower Sioux Indian Reservation.
    f. Mille Lacs Indian Reservation.
    g. Prairie Island Indian Reservation.
    h. Red Lake Indian Reservation.
    i. Shakopee Mdewankanton Indian Reservation.
    j. Upper Sioux Indian Reservation.
    k. White Earth Indian Reservation.
    2. Any land held in trust by the U.S. for an Indian tribe, and
    3. Any other land, whether on or off a reservation that qualifies 
as Indian country.
    Therefore, this action has no effect on Indian country. EPA will 
continue to implement and administer the RCRA program in these lands.

J. 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). This action also does not 
have Tribal implications within the meaning of 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. This action does not 
include environmental justice issues that require consideration under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    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

[[Page 40266]]

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) 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.).

List of Subjects in 40 CFR Part 271

    Environmental protection, Administrative practice and procedure, 
Confidential business information, Hazardous waste, Hazardous waste 
transportation, 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: June 13, 2008.
Walter W. Kovalick,
Acting Regional Administrator, Region 5.
[FR Doc. E8-16022 Filed 7-11-08; 8:45 am]
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