[Federal Register Volume 73, Number 250 (Tuesday, December 30, 2008)]
[Rules and Regulations]
[Pages 79661-79664]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-30978]



40 CFR Part 271

[EPA-R07-RCRA-2008-0830; FRL-8758-6]

Nebraska: Final Authorization of State Hazardous Waste Management 
Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate Final Rule.


SUMMARY: The Solid Waste Disposal Act, as amended, commonly referred to 
as the Resource Conservation and Recovery Act (RCRA), allows the EPA to 
authorize States to operate their hazardous waste management programs 
in lieu of the Federal program. Nebraska has applied to EPA for final 
authorization of the changes to its hazardous waste program under 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 rule.

DATES: This final authorization will become effective on March 2, 2009, 
unless EPA receives adverse written comment by January 29, 2009. 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-R07-
RCRA-2008-0830, by one of the following methods:
    1. www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    2. E-mail: [email protected].
    3. Mail or Hand Delivery: Lisa Haugen, Environmental Protection 
Agency, RCRA Enforcement and State Programs Branch, 901 North 5th 
Street, Kansas City, Kansas 66101.
    Instructions: Direct your comments to Docket ID No. EPA-R07-RCRA-
2008-0830. 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 through www.regulations.gov or e-
mail information that you consider to be CBI or otherwise protected. 
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

[[Page 79662]]

special characters, any form of encryption, and be free of any defects 
or viruses.
    Docket: All documents in the electronic docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., 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 
form. Publicly available docket materials are available either 
electronically in www.regulations.gov or in hard copy at the 
Environmental Protection Agency, RCRA Enforcement and State Programs 
Branch, 901 North 5th Street, Kansas City, Kansas 66101. The Regional 
Office's official hours of business are Monday through Friday, 8 to 
4:30 excluding Federal holidays. The interested persons wanting to 
examine these documents should make an appointment with the office at 
least 24 hours in advance.

FOR FURTHER INFORMATION CONTACT: Lisa Haugen, (913) 551-7877, or by e-
mail at [email protected].


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, a State must 
change its program 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, the State must change its program 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 Has EPA Made in This Rule?

    EPA concludes that Nebraska's application to revise its authorized 
program meets all of the statutory and regulatory requirements 
established by RCRA. Therefore, EPA grants Nebraska final authorization 
to operate its hazardous waste program with the changes described in 
the authorization application. Nebraska 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 Nebraska, including issuing permits, until Nebraska is 
granted authorization to do so.

C. What Is the Effect of This Authorization Decision?

    This decision means that a facility in Nebraska 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. 
Nebraska 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: (1) Conduct inspections; require 
monitoring, tests, analyses or reports; and, (2) enforce RCRA 
requirements and suspend or revoke permits.
    This action does not impose additional requirements on the 
regulated community because the regulations for which Nebraska is being 
authorized by this action are already effective, and are not changed by 
this action.

D. Why Wasn't There a Proposed Rule Published Before This Rule?

    EPA did not publish a proposal before today's rule because EPA 
views this as a routine program change. EPA is providing an opportunity 
for public comment now. In addition to this rule, in the proposed rules 
section of today's Federal Register EPA is 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, EPA 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. EPA will then address all public 
comments in a later final rule. If you want to comment on this 
authorization, you must do so at this time.
    If EPA receives comments that oppose only the authorization of a 
particular change to the State hazardous waste program, EPA 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 Nebraska Previously Been Authorized for?

    Nebraska initially received final authorization on January 24, 
1985, effective February 7, 1985 (50 FR 3345), to implement the RCRA 
hazardous waste management program. EPA granted authorization for 
changes to Nebraska's program on October 4, 1985, effective December 3, 
1988 (53 FR 38950); June 25, 1996, effective August 26, 1996 (61 FR 
32699); April 10, 2003, effective June 9, 2003 (68 FR 17553); and 
October 4, 2004, effective December 3, 2004.

G. What Changes Is EPA Authorizing With This Action?

    On April 29, 2008, Nebraska submitted a final complete program 
revision application, seeking authorization of its changes in 
accordance with 40 CFR 271.21. EPA now makes an immediate final 
decision, subject to receipt of written comments that oppose this 
action, that Nebraska's hazardous waste program revision satisfies all 
of the requirements necessary to qualify for final authorization. 
Therefore, EPA grants Nebraska final authorization for the following 
program changes:

                                                      Analogous State
                                                     Authority Nebraska
                                                    Administrative Code,
                                December 30, 2008   Nebraska Department
    Description of federal       and page (and/or     of Environmental
requirement (include checklist   RCRA  statutory     Quality, Title 128
     number, if relevant)           authority)       Nebraska Hazardous
                                                     Waste Regulations,
                                                      effective date--
                                                      August 18, 2007
Permit Modification--Checklist  52 FR 45788-45799  15-012.O1B3.
Testing and Monitoring          62 FR 32452-32463  1-003; 7-008.03; 21-
 Activities Amendment III--                         019; 21-020; 21-026;
 Checklist 158.                                     22-019; 22-020.

[[Page 79663]]

Kraft Mill Steam Stripper       63 FR 18504-18751  2-008.16.
 Condensate Exclusion--
 Checklist 164.
Hazardous Waste Combustors;     63 FR 33782-33829  2-008.17; 3-018; 12-
 Revised Standards--Checklist                       003.03G8 15-012.02S;
 168.                                               Appendix V.
Petroleum Refining Process      63 FR 42110-42189  2-004.02C3; 2-
 Wastes--Checklist 169.                             006.03B; 2-006.03E;
                                                    2-008.12; 2-008.12A;
                                                    2-008.18-19; 3-
                                                    013.04/Table 4; 3-
                                                    014/Table 5; 7-
                                                    002.07; 7-008.01B3;
                                                    20-008.01; 20-009.09/
                                                    Table 9; Appendix
Petroleum Refining Process      64 FR 6806.......  2-009.13.
 Wastes--Leachate Exemption--
 Checklist 178.
Test Procedures for the         64 FR 26315-26327  1-003.
 Analysis of Oil and Grease
 and Non-Polar Material--
 Checklist 180.
Hazardous Air Pollutant         64 FR 52828-53077  1-037; 1-122; 3-018;
 Standards for Combustors--                         7-008.01C; 7-
 Checklist 182.                                     008.02C; 7-008.03;
                                                    12-001.04C; 12-
                                                    001.04F; 13-012.04;
                                                    21-015; 21-018; 22-
                                                    015; Appendix V.
Accumulation Time for Waste     65 FR 12378-12398  10-004.01H; 10-
 Water Treatment Sludges--                          004.03; 10-004.04;
 Checklist 184.                                     10-004.05.
Organobromine Production        65 FR 14472-14475  3-014/Table 5; 3-016/
 Wastes Vacatur--Checklist 185.                     Table 7; 20-008.01;
                                                    20-009/Table 9; 20-
                                                    012/Table 12;
                                                    Appendix I, Appendix
Petroleum Refining Process      64 FR 36365-36367  3-013.01/Table 4;
 Wastes--Clarification--Checkl                      Appendix II.
 ist 187.
Hazardous Air Pollutant         65 FR 42292-42302  3-018; 15-012.02S1;
 Standards; Technical                               21-015.
 Corrections--Checklist 188.
Mixed Waste Rule--Checklist     66 FR 27218-27266  7-013.
Mixture and Derived-From Rules  66 FR 27266-27297  2-004.02C; 2-006.02-
 Revisions--Checklist 192A.                         04.
Change of Official EPA Mailing  66 FR 34374-34376  1-003.
 List--Checklist 193.
Mixture and Derived-From Rules  66 FR 50332-50334  2-004.02C; 2-007.03C.
 Revision II--Checklist 194.
Inorganic Chemical              66 FR 58258-58300  2-009.13; 3-014/Table
 Manufacturing Wastes                               5; 20-008.01; 20-
 Identification and Listing--                       Table 9; Appendix
 Checklist 195.                                     II.
Hazardous Air Pollutant         67 FR 6792-6818..  7-008.01C; 12-
 Standards for Combustors:                          001.04C; 12-001.04F;
 Interim Standards--Checklist                       12-00513-012.04; 21-
 197.                                               015; 22-015.
Hazardous Air Pollutant         67 FR 6968-6996..  7-008.01A; 7-008.01C;
 Standards for Combustors--                         15-012.02S1.
 Corrections--Checklist 198.
Zinc Fertilizer Rule--          67 FR 48393-48415  2-008.20; 2-008.21; 2-
 Checklist 200.                                     008.21; 7-007.01B; 7-
                                                    007.01D; 20-009.08.
Hazardous Air Pollutant         67 FR 77687-77692  12-001.04C;12-001.04F
 Standards for Combustors--                         ; 13-012.04.
 Corrections 2--Checklist 202.
Methods Innovation Rule and SW- 70 FR 34538-34592  1-003; 3-006.013-
 846 Final Update IIIB--                            007.01A-B; 3-017; 3-
 Checklist 208.                                     018; 6-003.03A1; 7-
                                                    008.01C; 7-008.03;
                                                    12-001.04C; 12-
                                                    001.04F; 13-012.04;
                                                    20-009.02; 20-009/
                                                    Table9, Footnote 7;
                                                    20-012; 20-020; 21-
                                                    010; 21-014; 21-019;
                                                    21-020; 21-026; 22-
                                                    010; 22-014; 22-019;
Cathode Ray Tubes Rule--        71 FR 42928-42949  1-015; 1-029; 1-030;
 Checklist 215.                                     1-031; 2-008.22A-D;
                                                    3-018; 3-019.01E; 3-
                                                    020; 3-021.

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

    Nebraska has chosen not to adopt the following Federal requirements 
related to the Methods Innovation Rule and SW-846 Final Update IIIB: 40 
CFR Part 260.21(d); 40 CFR Part 261.3(a)(2)(v); 40 CFR Part 
279.10(b)(1)(ii); 279.44(c); 279.53(c); and, 279.63(c). These 
requirements were promulgated under non-HSWA authority and are 
considered equivalent to or less stringent than the previous Federal 
regulations. Therefore, States are not required to adopt and seek 
authorization for these requirements, and EPA can not enforce them.

I. Who Handles Permits After the Authorization Takes Effect?

    Nebraska 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 EPA issued prior to the effective date of this authorization. EPA 
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 Nebraska is not yet authorized.

J. What Is Codification and Is EPA Codifying Nebraska'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. EPA does this by 
referencing the authorized State rules in 40 CFR part 272. EPA reserves 
the amendment of 40 CFR part 272, subpart CC for this authorization of 
Nebraska's program changes until a later date.

K. Statutory and Executive Order Reviews

    The Office of Management and Budget (OMB) has exempted this action 
from the requirements of Executive Order

[[Page 79664]]

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, ``Consultation and Coordination With Indian Tribal Governments'' 
(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, ``Federalism'' (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, ``Protection 
of Children From Environmental Health Risks and Safety Risks'' (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, ``Civil Justice Reform'' (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, ``Government 
Actions and Interference with Constitutionally Protected Property 
Rights'' (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 March 2, 2009.

List of Subjects in 40 CFR Part 271

    Environmental protection, Administrative practice and procedure, 
Confidential business information, Hazardous waste, Hazardous waste 
transportation, Incorporation by reference, Indian lands, 
Intergovernmental relations, Penalties, Reporting and recordkeeping 

    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: December 19, 2008.
John B. Askew,
Regional Administrator, Region 7.
 [FR Doc. E8-30978 Filed 12-29-08; 8:45 am]