[Federal Register Volume 73, Number 206 (Thursday, October 23, 2008)]
[Rules and Regulations]
[Pages 63074-63076]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-25315]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-8733-7]


Minnesota: Final Authorization of State Hazardous Waste 
Management Program Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is granting Minnesota Final authorization of the changes 
to its hazardous waste program under the Resource Conservation and 
Recovery Act (RCRA). The agency published a proposed rule on July 14, 
2008 at 73 FR 40263 and provided for public comment. The public comment 
period ended on August 13, 2008. We received no comments. No further 
opportunity for comment will be provided. EPA has 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: Effective Date: The final authorization will be effective on 
October 23, 2008. This approval will expire automatically if the Joint 
Powers Agreement (JPA) between the State of Minnesota and Hennepin 
County is terminated or expires without renewal.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R05-RCRA-2008-0468. 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 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 Minnesota's application from 9 a.m. to 
4 p.m. at the following addresses: U.S. EPA Region 5, LR-8J, 77 West 
Jackson Boulevard, Chicago, Illinois, contact: Gary Westefer (312) 886-
7450; or Minnesota Pollution Control Agency, 520 Lafayette Road, North, 
St. Paul, Minnesota 55155, contact Tanya Maurice (651) 297-1793.

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 are granting 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. Proposed Rule

    On July 14, 2008 (73 FR 40263), EPA published a proposed rule. In 
that rule we proposed granting authorization of changes to Minnesota's 
hazardous waste program and opened our decision to public comment. The 
agency received no comments on this proposal. EPA found Minnnesota's 
RCRA program to be satisfactory.

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 27169); 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,

[[Page 63075]]

effective May 18, 1992 (57 FR 9501); on March 17, 1993, effective May 
17, 1993 (58 FR 14321); on January 20, 1994, 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 that Minnesota's 
hazardous waste program revision satisfies all of the requirements 
necessary to qualify for final authorization. Therefore, we are 
granting Minnesota final authorization for the following program 
change:

------------------------------------------------------------------------
                                   Federal Register
 Description of state initiated      date and page
change  (include checklist #, if     (and/or RCRA       State authority
           relevant)                   statutory
                                      authority)
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Joint Powers Agreement between    42 U.S.C. 6926 and  Minnesota Statutes
 the Minnesota Pollution Control   6929, 40 CFR        sections 13.02,
 Agency and Hennepin County.       271.16 and 271.17.  effective 1974 as
                                                       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.
------------------------------------------------------------------------

    Minnesota entered into the Joint Powers Agreement under its 
statutes. 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.

K. Statutory and Executive Order Reviews

    This proposed rule only authorizes hazardous waste requirements 
pursuant to RCRA 3006 and imposes no requirements other than those 
imposed by State law (see SUPPLEMENTARY INFORMATION, Section A. Why are 
Revisions to State Programs Necessary?). Therefore this rule complies 
with applicable executive orders and statutory provisions as follows:

1. Executive Order 18266: Regulatory Planning Review

    The Office of Management and Budget has exempted this rule from its 
review under Executive Order 12866 (58 FR 51735, October 4, 1993).

2. Paperwork Reduction Act

    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.).

3. Regulatory Flexibility Act

    After considering the economic impacts of today's rule on small 
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), I 
certify that this rule will not have a significant economic impact on a 
substantial number of small entities.

4. Unfunded Mandates Reform Act

    Because this rule approves 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).

5. Executive Order 13132: Federalism

    Executive Order 13132 (64 FR 43255, August 10, 1999) does not apply 
to this rule because it will not have federalism implications (i.e., 
substantial direct

[[Page 63076]]

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).

6. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    Executive Order 13175 (65 FR 67249, November 9, 2000) does not 
apply to this rule because it will not have tribal implications (i.e., 
substantial direct effects on one or more Indian tribes, on the 
relationship between the Federal Government and Indian tribes, or on 
the distribution of power and responsibilities between the Federal 
Government and Indian tribes).

7. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks

    This rule is not subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997), because it is not economically significant as defined 
in Executive Order 12866 and because the EPA does not have reason to 
believe the environmental health or safety risks addressed by this 
action present a disproportionate risk to children.

8. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This rule is not subject to Executive Order 13211 (66 FR 28355, May 
22, 2001), because it is not a significant regulatory action as defined 
in Executive Order 12866.

9. National Technology Transfer Advancement Act

    EPA approves State programs as long as they meet criteria required 
by RCRA, so it would be inconsistent with applicable law for EPA, in 
its review of a State program, to require the use of any particular 
voluntary consensus standard in place of another standard that meets 
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 to this rule.

10. Executive Order 12988

    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.

11. Executive Order 12630: Evaluation of Risk and Avoidance of 
Unanticipated Takings

    EPA has complied with Executive Order 12630 (53 FR 8859, March 18, 
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.

12. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low Income Populations

    Because this rule proposes authorization of pre-existing State 
rules and imposes no additional requirements beyond those imposed by 
State law and there are no anticipated significant adverse human health 
or environmental effects, the rule is not subject to Executive Order 
12898 (59 FR 7629, February 16, 1994).

13. Congressional Review Act

    EPA will submit a report containing this rule and other information 
required by the Congressional Review Act (5 U.S.C. 801 et seq.) 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).

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, 6974(b).

    Dated: October 10, 2008.
Bharat Mathur,
Acting Regional Administrator, Region 5.
[FR Doc. E8-25315 Filed 10-22-08; 8:45 am]
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