[Federal Register Volume 76, Number 10 (Friday, January 14, 2011)]
[Proposed Rules]
[Pages 2618-2625]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-749]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[EPA-R05-RCRA-2010-0738; FRL-9253-1]
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). EPA has reviewed Minnesota's application with
regards to Federal requirements, and is proposing to authorize the
State's changes.
DATES: Comments on this proposed rule must be received on or before
February 14, 2011.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
RCRA-2010-0738 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-2010-0738. 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 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
[[Page 2619]]
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 55515, contact: Nathan Cooley (651) 757-2290.
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 request 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 this authorization decision?
The effect of this decision, once finalized, is that a facility in
Minnesota subject to RCRA would have to comply with the authorized
State requirements instead of the equivalent Federal requirements in
order to comply with RCRA. Minnesota has enforcement responsibilities
under its State hazardous waste program for RCRA violations, but EPA
retains its authority under RCRA sections 3007, 3008, 3013, and 7003,
which include, among others, authority to:
1. Do inspections, and require monitoring, tests, analyses or
reports; and
1. Enforce RCRA requirements and suspend or revoke permits.
This action will not impose additional requirements on the
regulated community because the regulations for which Minnesota is
being authorized are already effective, and will not be changed by
EPA's final action.
D. What happens if EPA receives adverse comments on this action?
If EPA receives adverse comments on this authorization, we will
address all public 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 so at this time.
E. What has Minnesota previously been authorized for?
Minnesota initially received Final (base) 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 Minnesota's 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, 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), and
for the Joint Powers Agreement with Hennepin County on October 23, 2008
(73 FR 63074), effective October 23, 2008.
F. What changes are we proposing with today's action?
On June 2, 2010, Minnesota submitted a final complete program
revision application, seeking authorization of their changes in
accordance with 40 CFR 271.21. We are now proposing to authorize,
subject to receipt of written comments that oppose this action,
Minnesota's hazardous waste program revision. We propose to grant
Minnesota final authorization for the following program changes:
Minnesota's Analogs to the Federal Requirements
------------------------------------------------------------------------
Federal Register
Description of Federal date and page
requirement (include checklist (and/or RCRA Analogous State
No., if relevant) statutory authority
authority)
------------------------------------------------------------------------
Land Disposal Restrictions for August 19, 1991, MR 7045.0125,4,K;
Electric Arc Furnace Dust 56 FR 41164. 7045.0214,3,E;
(K061) Checklist 95. 7045.1390; Effective
June 22, 2009.
Liners and Leak Detection January 29, 1992, MR 7001.0150;
Systems for Hazardous Waste 57 FR 3462. 7001.0590;
Land Disposal Units Checklist 7001.0600;
100. 7001.0620;
7001.0720; MR
7045.0219;
7045.0220;
7045.0452;
7045.0461;
7045.0478;
7045.0532(3),(4),(5)
,(7); 7045.0534;
7045.0534(4),(5),(6)
; 7045.0538;
7045.0538(4),(5);
7045.0556;
7045.0556(8);
7045.0584;
7045.0630;
7045.0630(5),(6);
7045.0632;
7045.0632(4),(8),(9)
; 7045.0638;
7045.0638(2);
Effective June 22,
2009.
[[Page 2620]]
Hazardous Waste Management July 10, 1992, 57 MR 7045.0075;
System; Identification and FR 30657. 7045.0100;
Listing of Hazardous Waste; 7045.0102;
Toxicity Characteristic; 7045.0120;
Corrections Checklist 108. 7045.0121;
7045.0638; Effective
June 22, 2009.
Land Disposal Restrictions for August 18, 1992, MR 7001.0550(K);
Newly Listed Wastes and 57 FR 37194. 7001.0560(B);
Hazardous Debris Checklist 7001.0650(5)(F)(6);
109. MR 7045.0219;
7045.0214(3)(E),(F),
(G);
7045.0292(1)(B);
7045.0490(1)(D);
7045.0486(2),(3);
7045.0498(1)(D);
7045.0502(1);
7045.0551;
7045.0594(1);
7045.0600(1),(2);
7045.0608(1);
7045.0610(1);
7045.0630(2);
7045.0651;
7045.1390; Effective
June 22, 2009.
Identification and Listing of August 18, 1992, MR 7045.0125(4)(F);
Hazardous Waste; CERCLA 57 FR 37284. 7045.0135(1a),(C),(M
Hazardous Designation; ); Effective June
Reportable Quantity 22, 2009.
Adjustment; Coke By-Product
Wastes Checklist 110.
Consolidated Liability
Requirements:
Financial Responsibility September 16, MR
for Third Party 1992, 57 FR 7045.0504(7)(L),(M);
Liability, Closure and 42832. 7045.0518;
Post-Closure Checklist 7045.0524;
113. 7045.0608(2);
7045.0614;
7045.0620; Effective
June 22, 2009.
Standards Applicable to September 1,
Owners and Operators of 1988, 53 FR
Hazardous Waste 33938.
Treatment, Storage, and
Disposal Facilities;
Liability Coverage
Checklist 113.1.
Liability Requirements; July 1, 1991, 56
Technical Amendment FR 30200.
Checklist 113.2.
Hazardous Waste Management October 15, 1992, MR
System; Identification and 57 FR 47376. 7045.0135(1a)(C),(M)
Listing of Hazardous Waste ; Effective June 22,
and CERCLA Hazardous 2009.
Designation; Reportable
Quantity Adjustment;
Chlorinated Toluenes
Production Wastes Checklist
115.
Hazardous Waste Management October 20, 1992, MR 7045.1390;
System; Land Disposal 57 FR 47772. Effective June 22,
Restrictions; Case-By-Case 2009.
Capacity Variance Checklist
116.
Hazardous Waste Management June 1, 1992, 57 MR 7045.0102(2);
System; Definition of FR 23062. Effective June 22,
Hazardous Waste; Mixture and 2009.
Derived-From Rules Checklist
117B.
Hazardous Waste Management; November 18, MR 7045.0020(84a);
Liquids in Landfills II 1992, 57 FR 7045.0458(2)(G)(3);
Checklist 118. 54452. 7045.0538(10),(12);
7045.0564(2)(G)(3);
7045.0638(7),(9);
Effective June 22,
2009.
Corrective Action Management February 16, MR 7001.0510;
Units and Temporary Units; 1993, 58 FR 8658. 7001.0720;
Corrective Action Units Under 7045.0020;
Subtitle C Checklist 121. 7045.0219;
7045.0220;
7045.0485;
7045.0545;
7045.0552; Effective
October 2, 1995.
Land Disposal Restrictions; May 14, 1993, 58 MR 7045.1390;
Renewal of the Hazardous FR 28506. Effective June 22,
Waste Debris Case-By-Case 2009.
Capacity Variance Checklist
123.
Land Disposal Restrictions for May 24, 1993, 58 MR 7045.0450(3)(E);
Ignitable and Corrosive FR 29860. 7045.0552(3)(F);
Characteristic Wastes Whose 7045.1390; Effective
Treatment Standards Were June 22, 2009.
Vacated Checklist 124.
Hazardous Waste Management August 31, 1993, MR 7001.0510;
System; Testing and 58 FR 46040. 7045.0630(C);
Monitoring Activities 7001.0700(3)(A)(3-5)
Checklist 126 as amended. ; MR 7045.0065(1);
7045.0075(2)(E)(1)(a
);
7045.0131(4)(A),(B);
7045.0131(7)(A);
7045.0135(1);
7045.0528(1)(A);
7045.0538(10)(C);
7045.0628(1)(A);
7045.0638(7)(B);
7045.1390; Effective
June 22, 2009.
Checklist 126.1............... September 19,
1994, 59 FR
47980.
Hazardous Waste Management January 4, 1994, MR 7045.0065;
System; Identification and 59 FR 458. 7045.0135(1a)(N);
Listing of Hazardous Waste; Effective June 22,
Wastes From Wood Surface 2009.
Protection Checklist 128.
Recordkeeping Instructions; March 24, 1994, MR 7045.0543(1)(A);
Technical Amendment Checklist 59 FR 13891. 7045.0643(1)(A);
131. 7045.0645(1)(A);
Effective June 22,
2009.
Hazardous Waste Management June 2, 1994, 59 MR 7045.0065(1);
System; Identification and FR 28484. Effective June 22,
Listing of Hazardous Waste; 2009.
Wastes from Wood Surface
Protection; Correction
Checklist 132.
Hazardous Waste Management June 20, 1994, 59 MR
System; Correction of Listing FR 31551. 7045.0135(1a)(D),(N)
of P015--Beryllium Powder ; 7045.1390;
Checklist 134. Effective June 22,
2009.
Standards for the Management August 24, 1994, MR 7045.0665(1)(B);
of Specific Hazardous Wastes; 59 FR 43496. 7045.1390; Effective
Amendment to Subpart C-- June 22, 2009.
Recyclable Materials Used in
a Manner Constituting
Disposal; Final Rule
Checklist 136.
[[Page 2621]]
Land Disposal Restrictions September 19, MR 7045.0075(3),(4)
Phase II--Universal Treatment 1994, 59 FR MR7045.0450(3)(E);
Standards, and Treatment 47982. 7045.0552(3)(F);
Standards for Organic 7045.0665(4)(B);
Toxicity Characteristic 7045.1390 Minnesota
Wastes and Newly Listed Stat. 116.06(11)
Wastes. 3745-266-106; 3745-
266-107; Effective
June 22, 2009.
Checklist 137 as amended...... January 3, 1995,
60 FR 242.
Checklist 137.1...............
Universal Waste Rule: General May 11, 1995, 60 MR 7001.0520(2)(N);
Provisions Checklist 142A. FR 25492. MR 7045.0020;
7045.0120(2)(E);
7045.0206(5)(G);
7045.0208(1)(G);
7045.0214(1);
7045.0450(3)(L);
7045.1400; Effective
July 25, 2005.
Universal Waste Rule: Specific May 11, 1995, 60 MR 7045.0685(1);
Provisions for Batteries FR 25492. 7045.1400; Effective
Checklist 142B. July 25, 2005.
Universal Waste Rule: Specific May 11, 1995, 60 MR 7045.1400;
Provisions for Pesticides FR 25492. Effective July 25,
Checklist 142C. 2005.
Universal Waste Rule: Specific May 11, 1995, 60 MR 7045.1400;
Provisions for Thermostats FR 25492. Effective July 25,
Checklist 142D. 1995.
Universal Waste Rule: May 11, 1995, 60 MR 7045.1400;
Provisions for Petitions to FR 25492. Effective July 25,
Add a New Universal Waste 2005.
Checklist 142E.
Land Disposal Restrictions April 8, 1996, 61 MR 7045.1390;
Phase III--Decharacterized FR 15566. Effective June 22,
Wastewaters, Carbamate 2009.
Wastes, and Spent Potliners
Checklist 151 as amended.
Checklist 151.1 as amended.... April 8, 1996, 61
FR 15566.
Checklist 151.2 as amended.... April 30, 1996,
61 FR 19117.
Checklist 151.3 as amended.... June 28, 1996, 61
FR 33680.
Checklist 151.4 as amended.... July 10, 1996, 61
FR 36419.
Checklist 151.5 as amended.... August 26, 1996,
61 FR 43924.
Checklist 151.6............... February 19,
1997, 62 FR 7502.
Imports and Exports of April 12, 1996, MR 7045.0125;
Hazardous Waste: 61 FR 16290. 7045.0211;
Implementation of OECD 7045.0213;
Council Decision C(92)39 7045.0302(2),(4),(6)
Concerning the Control of ; 7045.0351;
Transfrontier Movements of 7045.0355;
Wastes Destined for Recovery 7045.0375;
Operations Checklist 152. 7045.0452;
7045.0474;
7045.0556;
7045.0578;
7045.0675;
7045.1400; Effective
June 22, 2009.
Criteria for Classification of July 1, 1996, 61 MR 7045.0219;
Solid Waste Disposal FR 34252. Effective June 22,
Facilities and Practices; 2009.
Identification and Listing of
Hazardous Waste; Requirements
for Authorization of State
Hazardous Waste Programs
Checklist 153.
Hazardous Waste Treatment, November 25, MR
Storage and Disposal 1996, 61 FR 7001.0150(3)(P)(3),(
Facilities and Hazardous 59931. 4); 7001.0560(E);
Waste Generators; Organic Air 7001.0570(G);
Emissions Standards for 7001.0580(K);
Tanks, Surface Impoundments, 7001.0590(N);
and Containers Checklist 154 7001.0635; MR
as amended. 7045.0065(1);
7045.0125(9);
7045.0292;
7045.0452(5)(C);
7045.0458(2);
7045.0478(3);
7045.0482(4)(C);
7045.0526(10);
7045.0528(12);
7045.0532(11);
7045.0539(2);
7045.0547;
7045.0548;
7045.0549;
7045.0564(2);
7045.0556(5)(C);
7045.0584(3);
7045.0588(4)(D);
7045.0626(9);
7045.0628(13);
7045.0630(9);
7045.0647;
7045.0648;7045.0649;
Effective June 22,
2009.
Checklist 154.1 as amended.... December 6, 1994,
59 FR 62896.
Checklist 154.2 as amended.... May 19, 1995, 60
FR 26828.
Checklist 154.3 as amended.... September 29,
1995, 60 FR
50426.
Checklist 154.4 as amended.... November 13,
1995, 60 FR
56952.
Checklist 154.5 as amended.... February 9, 1996,
61 FR 4903.
Checklist 154.6............... June 5, 1996, 61
FR 28508.
Land Disposal Restrictions January 14, 1997, MR 7045.1390;
Phase III--Emergency 62 FR 1992. Effective June 22,
Extension of the K088 2009.
Capacity Variance Checklist
155.
Land Disposal Restrictions May 12, 1997, 62 MR 7045.0020;
Phase IV; Treatment Standards FR 25998. 7045.0120(2)(E),(F);
for Wood Preserving Wastes, 7045.0125(4)(C);
Paperwork Reduction and 7045.1390; Minnesota
Streamlining, Exemptions From Stat. 116.06(11);
RCRA for Certain Processed Effective June 22,
Materials; and Miscellaneous 2009.
Hazardous Waste Provisions
Checklist 157.
[[Page 2622]]
Hazardous Waste Management June 17, 1997, 62 MR 7045.0135;
System; Carbamate Production, FR 32974. 7045.1390; Effective
Identification and Listing of June 22, 2009.
Hazardous Waste; Land
Disposal Restrictions
Checklist 159.
Land Disposal Restrictions July 14, 1997, 62 MR 7045.1390;
Phase III--Emergency FR 37694. Effective June 22,
Extension of the K088 2009.
National Capacity Variance,
Amendment Checklist 160.
Second Emergency Revision of August 28, 1997, MR 7045.1390;
the Land Disposal 62 FR 45568. Effective June 22,
Restrictions (LDR) Treatment 2009.
Standards for Listed
Hazardous Wastes From
Carbamate Production
Checklist 161.
Classification of Standards December 5, 1997, MR 7045.1390;
for Hazardous Waste Land 62 FR 64504. Effective June 22,
Disposal Restriction 2009.
Treatment Variances Checklist
162.
Hazardous Waste Treatment, December 8, 1997, MR 7001.0560(E); MR
Storage and Disposal 62 FR 64636. 7045.0452(5)(C);
Facilities and Hazardous 7045.0478(3)(H);
Waste Generators; Organic Air 7045.0547;
Emissions Standards for 7045.0548;
Tanks, Surface Impoundments, 7045.0549;
and Containers; Clarification 7045.0556(4)(C);
and Technical Amendment 7045.0584(3)(H);
Checklist 163. 7045.0643(1)(F);
7045.0647;
7045.0648;
7045.0649; Effective
June 22, 2009.
Land Disposal Restrictions May 26, 1998, 63 MR 7045.1390;
Phase IV; Treatment Standards FR 28556. Effective June 22,
for Metal Wastes and Mineral 2009.
Processing Wastes Checklist
167A.
Land Disposal Restrictions May 26, 1998, 63 MR 7045.1390;
Phase IV; Hazardous Soils FR 28556. Effective June 22,
Treatment Standards and 2009.
Exclusions Checklist 167B.
Land Disposal Restrictions May 26, 1998, 63 MR 7045.1390;
Phase IV; Corrections FR 28556. Effective June 22,
Checklist 167C as amended. 2009.
Checklist 167C.1.............. June 8, 1998, 63
FR 31266.
Minerals Processing Secondary May 26, 1998, 63 MR 7045.1390;
Materials Exclusion Checklist FR 28556. Effective June 22,
167D. 2009.
Bevill Exclusion Revisions and May 26, 1998, 63 MR
Clarification Checklist 167E. FR 28556. 7045.0102(2)(H),(I);
7045.0120(1)(I);
Effective June 22,
2009.
Exclusion of Recycled Wood May 26, 1998, 63 MR 7045.0120(1)(T);
Preserving Wastewaters FR 28556. Effective June 22,
Checklist 167F. 2009.
Hazardous Waste Combustors; June 19, 1998, 63 MR
Revised Standards; Final Rule- FR 33782. 7001.0650(5)(F)(7);
Part 1-RCRA Comparable Fuel 7001.0730(6); MR
Exclusion; Permit 7045.0120(2)(E);
Modifications for Hazardous Effective June 1,
Waste Combustion Units; 2004.
Notification of Intent to
Comply; Waste Minimization
and Pollution Prevention
Criteria for Compliance
Extensions Checklist 168.
Hazardous Waste Management August 6, 1998, MR 7045.0075;
System; Identification and 63 FR 42110. 7045.0100;
Listing of Hazardous Waste; 7045.0102;
Petroleum Refining Process 7045.0120;
Wastes; Land Disposal 7045.0121;
Restrictions for Newly 7045.0124;
Identified Wastes; and CERCLA 7045.0125;
Hazardous Substance 7045.0135(2),(3);
Designation and Reportable 7045.0141;
Quantities Checklist 169. 7045.1390; Effective
June 22, 2009.
Hazardous Waste Recycling; August 31, 1998, MR 7045.1390;
Land Disposal Restrictions 63 FR 46332. Effective June 22,
Phase IV Zinc Micronutrient 2009.
Fertilizers, Administrative
Stay Checklist 170.
Emergency Revisions of the September 4, MR 7045.1390;
Land Disposal Restrictions 1998, 63 FR Effective June 22,
(LDR) Treatment Standards for 47409. 2009.
Listed Hazardous Wastes From
Carbamate Production
Checklist 171.
Characteristic Slags Generated September 9, MR 7045.1390;
From Thermal Recovery of Lead 1998, 63 FR Effective June 22,
by Secondary Lead Smelters; 48124. 2009.
Land Disposal Restrictions;
Final Rule; Extension of
Compliance Date Checklist 172.
Land Disposal Restrictions September 24, MR 7045.1390;
(LDR) Treatment Standards for 1998, 63 FR Effective June 22,
Spent Potliners from Primary 51254. 2009.
Aluminum Reduction (K088)
Checklist 173.
Standards Applicable to Owners October 22, 1998, MR 7001.0500;
and Operators of Closed and 63 FR 56710. 7001.0520;
Closing Hazardous Waste 7001.0560;
Management Facilities: Post- 7001.0640; MR
Closure Permit Requirement 7045.0060;
and Closure Process; Final 7045.484(1);
rule Checklist 174. 7045.486; 7045.0490;
7045.0498;
7045.0590;
7045.0594; 7045.600;
7045.0602(2);
7045.0608(1);
7045.628; 7045.0630;
7045.0670(2);
Effective February
14, 2005.
Hazardous Remediation Waste November 30, MR 7001.0060;
Management Requirements (HWIR- 1998, 63 FR 7001.0070;
Media) Checklist 175. 65874. 7001.0190;
7001.0510;
7001.0720;
7001.0650(7); MR
7045.0020;
7045.0075;
7045.0100;
7045.0102;
7045.0120;
7045.0121;
7045.0219;
7045.0220;
7045.0450;
7045.0478;
7045.0485;
7045.0545;
7045.0552;
7045.1390; Effective
February 14, 2005.
[[Page 2623]]
Universal Waste Rule-- December 24, MR 7045.0685;
Technical Amendments 1998, 63 FR 7045.1400; Effective
Checklist 176. 71225. July 25, 2005.
Hazardous Waste Treatment, January 21, 1999, MR 7045.0547;
Storage and Disposal 64 FR 3381. 7045.0549;
Facilities and Hazardous 7045.0649; Effective
Waste Generators; Organic Air June 22, 2009.
Emissions Standards for
Tanks, Surface Impoundments,
and Containers Checklist 177.
Land Disposal Restrictions May 11, 1999, 64 Minnesota Stat.
Phase IV: Treatment Standards FR 25408. 166.06(11); MR
for Wood Preserving Wastes, 7045.0120(1);
Treatment Standards for Metal 7045.0292(5)(G);
Wastes, Zinc Micronutrient 7045.1390; Effective
Fertilizers, Carbamate June 22, 2009.
Treatment Standards, and K088
Treatment Standards Checklist
179.
Hazardous Waste Management July 6, 1999, 64 MR 7001.0500;
System; Modification of the FR 36466. 7001.0520; MR
Hazardous Waste Program; 7045.0219;
Hazardous Waste Lamps; Final 7045.0220;
Rule Checklist 181. 7045.0450;
7045.0552;
7045.1300;
7045.1400; Effective
July 25, 2005.
Land Disposal Restrictions October 20, 1999, MR 7045.0135(1)(C);
Phase IV: Final Rule 64 FR 56469. 7045.0292(1)(G);
Promulgating Treatment 7045.1390; Effective
Standards for Metal Wastes, June 22, 2009.
and Mineral Processing
Wastes; Mineral Processing
Secondary Materials and
Bevill Exclusion Issues;
Treatment Standards for
Hazardous Soils, and
Exclusion of Recycled Wood
Preserving Wastewaters
Checklist 183.
Organobromine Production March 17, 2000, MR 7045.0135(1);
Wastes; Identification and 65 FR 14472. 7045.1390; Effective
Listing of Hazardous Waste; June 22, 2009.
Land Disposal Restrictions;
Listing of CERCLA Hazardous
Substances, Reportable
Quantities Checklist 185.
Organobromine Production June 8, 2000, 65 MR 7045.0135(1)(B);
Wastes; Petroleum Refining FR 36365. 7045.1390; Effective
Wastes; Land Disposal June 22, 2009.
Restrictions; Checklist 187.
Hazardous Waste Management November 8, 2000, MR 7045.0135(1);
System; Identification and 65 FR 67068. 7045.1390; Effective
Listing of Hazardous Waste; June 22, 2009.
Chlorinated Aliphatics
Production Wastes; and CERCLA
Hazardous Substance
Designation and Reportable
Quantities Checklist 189.
Deferral of Phase IV Standards December 26, MR 7045.1390;
for PCBs as a Constituent 2000, 65 FR Effective June 22,
Subject to Treatment in Soil 81373. 2009.
Checklist 190.
Hazardous Waste Identification May 16, 2001, 66 MR 7045.0102(2);
Rule (HWIR); Revisions to the FR 27266. 7045.0214(3)(A);
Mixture and Derived From Effective June 22,
Rules Checklist 192A. 2009.
Hazardous Waste Identification May 16, 2001, 66 MR 7045.1390;
Rule (HWIR); Land Disposal FR 27266. Effective June 22,
Restrictions Correction 2009.
Checklist 192B.
Corrections to the Hazardous October 3, 2001, MR 7045.0102;
Waste Identification Rule 66 FR 50332. 7045.0124; Effective
(HWIR); Revisions to the June 22, 2009.
Mixture and Derived From
Rules (Revision II) Checklist
194.
Amendments to the Corrective January 22, 2002, MR 7045.0020;
Action Management Unit Rule 67 FR 2962. 7045.0545(1)(a);
Checklist 196. 7045.0547(1);
7045.0548(1);
Effective February
14, 2005.
Hazardous Waste Management March 13, 2002, Minnesota Stat.
System; Definition of Solid 67 FR 11251. 116.06(11); MR
Waste; Toxicity 7045.0120(1)(X);
Characteristic; Vacatur of 7045.0131(7);
Mineral Processing Spent Effective June 22,
Materials Being Reclaimed as 2009.
Solid Wastes and TCLP Use
with MGP Waste Checklist 199.
Land Disposal Restrictions; October 7, 2002, MR 7045.1390;
National Treatment Variance 67 FR 62618. Effective June 22,
to Designate New Treatment 2009.
Subcategories for
Radioactively Contaminated
Cadmium-, Mercury-, and
Silver-Containing Batteries
Checklist 201.
Hazardous Waste Management June 4, 2008, 73 MR 7045.0135;
System; Identification and FR 31756. Effective June 22,
Listing of Hazardous Waste; 2009.
Amendment to Hazardous Waste
Code F019 Checklist 218.
------------------------------------------------------------------------
G. Which revised State rules are different from the Federal rules?
Minnesota has excluded the non-delegable Federal requirements at 40
CFR 268.5, 268.6, 268.42(b), 268.44, and 270.3. EPA will continue to
implement those requirements. In this action, Minnesota has chosen to
remain more stringent in the Hazardous Remediation Waste Management
Requirements, (Checklist 175 above) by choosing not to adopt 40 CFR
270.79 through 270.230 which allow for Remedial Action Plans (RAP). The
RAP is considered to be less stringent. Minnesota is more stringent in
checklist 108, as it does not recognize the list of excluded processes,
nor does it have provision to waive the double liner requirement in 40
CFR 265.301(d). In rule revision (Checklist) 118, Minnesota does not
allow any liquids in landfills even as provided for in 40 CFR 264.314.
In rule revision (Checklist) 142, Minnesota does not contain a
provision to add a Universal Waste under 40 CFR 273.80 or 260.23.
[[Page 2624]]
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 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 Minnesota
is not yet authorized.
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. Indian
Country 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 an Indian reservation that
qualifies as Indian Country.
Therefore, EPA retains the authority to implement and administer the
RCRA program in Indian Country.
J. What is codification and is EPA codifying Minnesota'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. Minnesota's rules, up to
and including those revised June 7, 1991, as corrected August 19, 1991,
have previously been codified through incorporation by reference
effective February 4, 1992 (57 FR 4162) .
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
This rule authorizes State requirements for the purpose of RCRA
3006 and imposes no additional requirements beyond those required by
State law. Accordingly, I certify that this rule 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.).
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 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, or 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.
[[Page 2625]]
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 materials transportation,
Hazardous waste, 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: September 28, 2010.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2011-749 Filed 1-13-11; 8:45 am]
BILLING CODE 6560-50-P