[Federal Register Volume 76, Number 25 (Monday, February 7, 2011)]
[Rules and Regulations]
[Pages 6564-6567]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-2499]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R04-RCRA-2010-0810; FRL-9262-2]


Florida: Final Authorization of State Hazardous Waste Management 
Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate final rule.

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SUMMARY: Florida 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 determined that these changes satisfy 
all requirements needed to qualify for final authorization, and is 
authorizing the State's changes through this immediate final action. 
EPA is publishing this rule to authorize the changes without a prior 
proposal because we believe this action is not controversial and do not 
expect comments that oppose it. Unless we get written comments which 
oppose this authorization during the comment period, the decision to 
authorize Florida's changes to its hazardous waste program will take 
effect. If we receive comments that oppose this action, we will publish 
a document in the Federal Register withdrawing this rule before it 
takes effect and a separate document in the proposed rules section of 
this Federal Register will serve as a proposal to authorize the 
changes.

DATES: This Final authorization will become effective on April 8, 2011 
unless EPA receives adverse written comment by March 9, 2011. If EPA 
receives such comment, it will publish a timely withdrawal of this 
immediate final rule in the Federal Register and inform the public that 
this authorization will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
RCRA-2010-0810 by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov: 
Follow the on-line instructions for submitting comments.
     E-mail: [email protected].
     Fax: (404) 562-9964 (prior to faxing, please notify the 
EPA contact listed below).
     Mail: Send written comments to Otis Johnson, Permits and 
State Programs Section, RCRA Programs and Materials Management Branch, 
RCRA Division, U.S. Environmental Protection Agency, The Sam Nunn 
Federal Center, 61 Forsyth Street, SW., Atlanta, Georgia 30303.
     Hand Delivery or Courier. Deliver your comments to Otis 
Johnson, Permits and State Programs Section, RCRA Programs and 
Materials Management Branch, RCRA Division, U.S. Environmental 
Protection Agency, The Sam Nunn Federal Center, 61 Forsyth Street, SW., 
Atlanta, Georgia 30303.

    Instructions: We must receive your comments by March 9, 2011. 
Please refer to Docket Number EPA-R04-RCRA-2010-0810. 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, any form of encryption, and be free of 
any defects or viruses.
    You may view and copy Florida's application and associated publicly 
available materials from 8 a.m. to 4 p.m. at the following locations: 
EPA, Region 4, RCRA Division, The Sam Nunn Atlanta Federal Center, 61 
Forsyth Street, SW., Atlanta, Georgia 30303-8960; telephone number: 
(404) 562-8500 and the Florida Department of Environmental Protection, 
Bob Martinez Center, 2600 Blair Stone Road, Tallahassee, Florida 32399-
2400; telephone number: (850) 245-8713. Interested persons wanting to 
examine these documents should make an appointment with the office at 
least a week in advance.

FOR FURTHER INFORMATION CONTACT: Otis Johnson, Permits and State 
Programs Section, RCRA Programs and Materials Management Branch, RCRA 
Division, U.S. Environmental Protection Agency,

[[Page 6565]]

The Sam Nunn Federal Center, 61 Forsyth Street, SW., Atlanta, Georgia 
30303; telephone number: (404) 562-8481; fax number: (404) 562-9964; e-
mail address: [email protected].

SUPPLEMENTARY INFORMATION:

A. Why are revisions to State programs necessary?

    States which have received final authorization from EPA under RCRA 
section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous waste 
program that is equivalent to, consistent with, and no less stringent 
than the Federal program. As the Federal program changes, States must 
change their programs and ask EPA to authorize the changes. Changes to 
State programs may be necessary when Federal or State statutory or 
regulatory authority is modified or when certain other changes occur. 
Most commonly, States must change their programs because of changes to 
EPA's regulations in 40 Code of Federal Regulations (CFR) parts 124, 
260 through 266, 268, 270, 273 and 279.

B. What decisions have we made in this rule?

    We conclude that Florida's application to revise its authorized 
program meets all of the statutory and regulatory requirements 
established by RCRA. Therefore, we grant Florida final authorization to 
operate its hazardous waste program with the changes described in the 
authorization application. Florida has responsibility for permitting 
treatment, storage, and disposal facilities within its borders and for 
carrying out the aspects of the RCRA program described in its revised 
program application, subject to the limitations of the Hazardous and 
Solid Waste Amendments of 1984 (HSWA). New Federal requirements and 
prohibitions imposed by Federal regulations that EPA promulgates under 
the authority of HSWA take effect in authorized States before they are 
authorized for the requirements. Thus, EPA will implement those 
requirements and prohibitions in Florida, including issuing permits, 
until the State is granted authorization to do so.

C. What is the effect of this authorization decision?

    The effect of this decision is that a facility in Florida 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. Florida has enforcement responsibilities under its State 
hazardous waste program for violations of such program, but EPA retains 
its authority under RCRA sections 3007, 3008, 3013, and 7003, which 
include, among others, authority to:
     Do inspections, and require monitoring, tests, analyses or 
reports,
     Enforce RCRA requirements and suspend or revoke permits, 
and
     Take enforcement actions regardless of whether the State 
has taken its own actions.
    This action does not impose additional requirements on the 
regulated community because the regulations for which Florida is being 
authorized by today's action are already effective, and are not changed 
by today's action.

D. Why wasn't there a proposed rule before this rule?

    EPA did not publish a proposal before today's rule because we view 
this as a routine program change and do not expect comments that oppose 
this approval. We are providing an opportunity for public comment now. 
In addition to this rule, in the proposed rules section of today's 
Federal Register, we are publishing a separate document that proposes 
to authorize the State program changes.

E. What happens if EPA receives comments that oppose this action?

    If EPA receives comments that oppose this authorization, we will 
withdraw this rule by publishing a document in the Federal Register 
before the rule becomes effective. EPA will base any further decision 
on the authorization of the State program changes on the proposal 
mentioned in the previous paragraph. We will then address all public 
comments in a later final rule. You may not have another opportunity to 
comment. If you want to comment on this authorization, you must do so 
at this time.
    If we receive comments that oppose only the authorization of a 
particular change to the State hazardous waste program, we will 
withdraw that part of this rule but the authorization of the program 
changes that the comments do not oppose will become effective on the 
date specified above. The Federal Register withdrawal document will 
specify which part of the authorization will become effective, and 
which part is being withdrawn.

F. What has Florida previously been authorized for?

    Florida initially received Final authorization on January 29, 1985, 
effective February 12, 1985 (50 FR 3908), to implement the RCRA 
hazardous waste management program. We granted authorization for 
changes to their program on December 1, 1987, effective March 3, 1988 
(52 FR 45634); December 16, 1988, effective January 3, 1989 (53 FR 
50529); December 14, 1990, effective February 12, 1991 (55 FR 51416); 
February 5, 1992, effective April 6, 1992 (57 FR 4371); February 7, 
1992, effective April 7, 1992 (57 FR 4738); May 20, 1992, effective 
July 20, 1992 (57 FR 21351); November 9, 1993, effective January 10, 
1994 (58 FR 59367); July 11, 1994, effective September 9, 1994 (59 FR 
35266); April 16, 1994, effective October 17, 1994 (59 FR 41979); 
October 26, 1994, effective December 27, 1994 (59 FR 53753); April 1, 
1997, effective June 2, 1997 (62 FR 15407); August 23, 2001, effective 
October 22, 2001 (66 FR 44307); August 20, 2002, effective October 21, 
2002 (67 FR 53886 and 67 FR 53889); October 14, 2004, effective 
December 13, 2004 (69 FR 60964). The authorized Florida program, 
through RCRA Cluster IV, was incorporated by reference into the CFR on 
January 20, 1998, effective March 23, 1998 (63 FR 2896). Florida 
received authorization for the corrective action program on September 
18, 2000, effective November 18, 2000 (65 FR 56256). Florida received 
additional authorization to its program for RCRA Clusters XI through XV 
on August 10, 2007, effective October 9, 2007 (72 FR 44973).

G. What changes are we authorizing with this action?

    On August 27, 2007 and August 28, 2008, Florida submitted final 
complete program revision applications, seeking authorization of its 
changes in accordance with 40 CFR 271.21. We now make an immediate 
final decision, subject to receipt of comments that oppose this action, 
that Florida's hazardous waste program revision satisfies all of the 
requirements necessary to qualify for final authorization. Therefore, 
we grant final authorization for the following program changes:

[[Page 6566]]



------------------------------------------------------------------------
    Description of Federal       Federal Register     Analogous state
          requirement             date and page        authority \1\
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209--Universal Waste Rule:      70 FR 45507, 08/   Rules 62-730.020(1),
 Specific Provisions for         05/05.             62-730.030(1), 62-
 Mercury Containing Equipment.                      730.180(1) & (2), 62-
                                                    730.183, 62-
                                                    730.220(1), 62-
                                                    730.185(1) Florida
                                                    Administrative Code
                                                    (F.A.C.)
212--NESHAP; MACT (Phase I      70 FR 59401, 10/   62-730.021, 62-
 Final Replacement Standards     12/05.             730.180(1) & (2), 62-
 and Phase II).                                     730.181(1), 62-
                                                    730.220(1) F.A.C.
213--Burden Reduction           71 FR 16862, 04/   62-730.020(1), 62-
 Initiative.                     04/06.             730.021, 62-
                                                    730.030(1), 62-
                                                    730.180(1) & (2), 62-
                                                    730.181(1), 62-
                                                    730.183, 62-
                                                    730.220(1) F.A.C.
214--Corrections to Errors in   71 FR 40254, 07/   62-730.020(1), 62-
 the Code of Federal             14/06.             730.021, 62-
 Regulations.                                       730.030(1), 62-
                                                    730.160(1), 62-
                                                    730.180(1) & (2), 62-
                                                    730.181(1), 62-
                                                    730.183, 62-
                                                    730.220(1), 62-
                                                    730.185(1) F.A.C.
215--Cathode Ray Tubes........  71 FR 42928, 07/   62-730.020(1), 62-
                                 28/06.             730.030(1) F.A.C.
(No Checklist) Standards for    72 FR 35666, 06/   62-730.185(1) F.A.C.
 Universal Waste Management.     29/07.
State Initiated Changes to the  .................  62-730.210, 62-
 Previously Authorized Program.                     730.225(1), and 62-
                                                    730.186 F.A.C.
------------------------------------------------------------------------
\1\ The Florida provisions are from the Florida Administrative Codes
  effective November 11, 2006, April 22, 2007, May 1, 2007, and April
  25, 2008.

H. Where are the revised State rules different from the Federal rules?

    Florida has added hazardous pharmaceutical waste to the list of 
wastes that may be managed under the Universal Waste rule. This makes 
Florida's Universal Waste rule broader in scope than the Federal 
regulation.

I. Who handles permits after the authorization takes effect?

    Florida 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. EPA will not issue any more 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 Florida is 
not authorized.

J. What is codification and is EPA codifying Florida's hazardous waste 
program as authorized in this rule?

    Codification is the process of placing the State's statutes and 
regulations that comprise the State's authorized hazardous waste 
program into the Code of Federal Regulations. We do this by referencing 
the authorized State rules in 40 CFR part 272. We reserve the amendment 
of 40 CFR part 272, subpart K for this authorization of Florida's 
program changes until a later date.

K. 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). For the same reason, this 
action also does not significantly or uniquely affect the communities 
of Tribal governments, as specified by Executive Order 13175 (65 FR 
67249, November 9, 2000). This action will not have substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government, as specified 
in Executive Order 13132 (64 FR 43255, August 10, 1999), because it 
merely authorizes State requirements as part of the State RCRA 
hazardous waste program without altering the relationship or the 
distribution of power and responsibilities established by RCRA. This 
action also is not subject to Executive Order 13045 (62 FR 19885, April 
23, 1997), because it is not economically significant and it does not 
make decisions based on environmental health or safety risks. This rule 
is not subject to Executive Order 13211, ``Actions Concerning 
Regulations That Significantly Affect Energy Supply, Distribution, or 
Use'' (66 FR 28355 (May 22, 2001)) because it is not a significant 
regulatory action under Executive Order 12866.
    Under RCRA 3006(b), EPA grants a State's application for 
authorization as long as the State meets the criteria required by RCRA. 
It would thus be inconsistent with applicable law for EPA, when it 
reviews a State authorization application, to require the use of any 
particular voluntary consensus standard in place of another standard 
that otherwise satisfies the requirements of RCRA. Thus, the 
requirements of section 12(d) of the National Technology Transfer and 
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required 
by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996), 
in issuing this rule, EPA has taken the necessary steps to eliminate 
drafting errors and ambiguity, minimize potential litigation, and 
provide a clear legal standard for affected conduct. EPA has complied 
with Executive Order 12630 (53 FR 8859, March 15, 1988) by examining 
the takings implications of the rule in accordance with the ``Attorney 
General's Supplemental Guidelines for the Evaluation of Risk and 
Avoidance of Unanticipated Takings'' issued under the executive order. 
This rule does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a

[[Page 6567]]

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 April 8, 
2011, unless objections to this authorization are received.

List of Subjects in 40 CFR Part 271

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

    Authority:  This action is issued under the authority of 
sections 2002(a), 3006, and 7004(b), of the Solid Waste Disposal 
Act, as amended, 42 U.S.C. 6912(a), 6926, and 6974(b).

    Dated: January 6, 2011.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 2011-2499 Filed 2-4-11; 8:45 am]
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