[Federal Register: October 14, 2004 (Volume 69, Number 198)]
[Rules and Regulations]
[Page 60964-60967]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14oc04-9]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-7825-8]
Florida: Final Authorization of State Hazardous Waste Management
Program Revision
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 their hazardous waste program will take
effect. If we get 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 December 13,
2004, unless EPA receives adverse written comment by November 15, 2004.
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: Send written comments to Audrey E. Baker, Florida
Authorizations Coordinator, RCRA Programs Branch, Waste Management
Division, U.S. Environmental Protection Agency, The Sam Nunn Federal
Center, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960; (404) 562-
8483. You may also e-mail your comments to
[[Page 60965]]
Baker.Audrey@epa.gov or submit your comments at http://www.regulations.gov.
We must receive your comments by November 15,
2004. You can view and copy Florida's application from 8 a.m. to 5 p.m.
at The Florida Department of Environmental Protection, Twin Towers
Office Building, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400
and from 8:30 a.m. to 3:45 p.m. EPA, Region 4 Library, The Sam Nunn
Atlanta Federal Center, 61 Forsyth Street, SW., Atlanta, Georgia 30303-
8960, Phone number (404) 562-8190, Patricia Strougal, Librarian.
FOR FURTHER INFORMATION CONTACT: Audrey E. Baker, Florida
Authorizations Coordinator, RCRA Programs Branch, Waste Management
Division, U.S. Environmental Protection Agency, The Sam Nunn Federal
Center, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960; (404) 562-
8483.
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 (TSDFs) 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 Today's 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
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 Today's 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), August 16, 1994, effective October 17, 1994 (59 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). 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 corrective action authority on September 18, 2000, effective
November 18, 2000 (65 FR 56256).
G. What Changes Are We Authorizing With Today's Action?
Florida has submitted final complete program revision applications
on seeking authorization of their changes in accordance with 40 CFR
271.21. Florida's revision consists of provisions promulgated July 1,
1997 through June 30, 1998 (RCRA Cluster VIII), July 1, 1998 through
June 30, 1999 (RCRA IX), and July 1, 1999 through June 30, 2000,
otherwise known as RCRA Cluster X. The rule adoption for RCRA Cluster
VIII was effective on February 4, 2000. The rule adoption for RCRA
Clusters IX and X was effective on December 20, 2000. Florida Statutes
Chapter 403 allows the Florida Department of Environmental Protection
to administer the rules
[[Page 60966]]
governing hazardous waste management in the state. We now make an
immediate final decision, subject to receipt of written comments that
oppose this action, that Florida's hazardous waste program revisions
satisfy all of the requirements necessary to qualify for Final
authorization. Therefore, we grant Florida Final authorization for the
following program changes:
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Description of federal
requirement Federal Register Analogous state authority
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Checklist 160, Land Disposal July 14, 1997 Rule 62-730.183, Florida Administrative Code
Restrictions Phase III-- 62 FR 37694-37699 (F.A.C.).
Emergency Extension of the
K088 National Capacity
Variance, Amendment.
Checklist 161, Emergency August 28, 1997 Rule 62-730.183, F.A.C.
Revision of the Carbamate 62 FR 45568-45573
Land Disposal Restrictions.
Checklist 163, Organic Air December 8, 1997 Rules 62-730.180(1), 62-730.180(2), 62-
Emission Standards for 62 FR 64636-64671 730.220(3) F.A.C.
Tanks, Surface Impoundments,
and Containers,
Clarification and Technical
Amendment.
Checklist 164, Kraft Mill April 15, 1998 Rule 62-730.030(1), F.A.C.
Steam Stripper Condensate 63 FR 18504-18751
Exclusion.
Checklist 167A, Land Disposal May 26, 1998 Rule 62--730.183, F.A.C.
Restrictions Phase IV-- 63 FR 28556-28753
Treatment Standards for
Metal Wastes and Mineral
Processing Wastes.
Checklist 167C, Land Disposal May 26, 1998 Rule 62-730.183, F.A.C.
Restrictions Phase IV- 62 FR 28556-28753
Corrections.
Checklist 167E, Bevill May 26, 1998 Rule 62-730.030(1), F.A.C.
Exclusion Revisions and 63 FR 28556-28753
Clarifications.
Checklist 168, Hazardous June 19, 1998 Rules 62-730.030(1) and 62-730-220(3), F.A.C.
Waste Combustors; Revised 63 FR 33782-33829
Standards.
Checklist 169, Petroleum August 6, 1998 Rules 62-730.030(1), 62-730.181(1), and 62-
Refining Process Wastes. 63 FR 42110-42189 730.183(1), F.A.C.
Checklist 170, Land Disposal August 31, 1998 Rule 62-730.183(1), F.A.C.
Restrictions Phase IV--Zinc 63 FR 46332-46334
Micronutrient Fertilizers
Amendments.
Checklist 171, Emergency September 4, 1998 Rule 62-730.183(1), F.A.C.
Revision of the Land 63 FR 47410-47418
Disposal Restrictions (LDR)
Treatment Standards for
Listed Hazardous Wastes from
Carbamate Production.
Checklist 172, Land Disposal September 9, 1998 Rule 62-730.183(1), F.A.C.
Restrictions Phase IV-- 63 FR 48124-48127
Extension of Compliance Date
for Characteristic Slags.
Checklist 173, Land Disposal September 24, 1998 Rule 62-730.183(1), F.A.C.
Restrictions; Treatment 63 FR 51254-51267
Standards for Spent
Potliners from Primary
Aluminum Reduction (K088);
Final Rule.
Checklist 174, Post-Closure October 22, 1998 Rules 62-730.180(1), 62-730.180(2), 62-
Permit and Closure Process. 63 FR 56710-56735 730.220(3) F.A.C.
Checklist 175, HWIR-Media.... November 30, 1998 Rules 62-730.020(1), 62-730.030(1), 62-
63 FR 65874-65947 730.180(1), 62-730.180(2), 62-730.183(1), 62-
730.220(3), F.A.C.
Checklist 176, Universal December 24, 1998 Rules 62-730.181(1), 62-730.185(1), F.A.C.
Waste Rule--Technical 63 FR 71225-71230
Amendments.
Checklist 177, Organic Air January 21, 1999 Rules 62-730.160(1), 62-730.180(1), 62-
Emission Standards: 64 FR 3382 730.180(2), F.A.C
Clarification and Technical
Amendments.
Checklist 179, Land Disposal May 11, 1999 Rules 62-730.030(1), 62-730.160(1), 62-
Restrictions Phase IV-- 64 FR 25408-25417 730.183(1), F.A.C.
Technical Corrections and
Clarifications to Treatment
Standards.
Checklist 180, Test May 14, 1999 Rule 62-730.021(1)(a), F.A.C.
Procedures for the Analysis 64 FR 26315-26327
of Oil and Grease and Non-
Polar Material.
Checklist 183, Land Disposal October 20, 1999 Rules 62-730.030(2), 62.730.160(1), 62-
Restrictions Phase IV-- 64 FR 56469-56472 730.183(2), F.A.C.
Technical Corrections.
Checklist 184, Accumulation March 8, 2000 Rule 62-730.160(1), F.A.C.
Time for Waste Water 65 FR 12378-12398
Treatment Sludges.
Checklist 185, Organobromine March 17, 2000 Rules 62-730.030(2) 62-730.183(2), F.A.C.
Production Wastes Vacatur. 65 FR 14472-14475
Checklist 187, Petroleum June 8, 2000 Rules 62-730.030(2) 62-730.183(2), F.A.C.
Refining Process Wastes-- 64 FR 36365-36367
Clarification.
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H. Where Are the Revised State Rules Different From the Federal Rules?
Florida did not follow the April 9, 1999, vacatur issued by the
U.S. Court of Appeals for the District of Columbia as it relates to the
listing of organobromine production wastes at 40 CFR 268.40/Table
``Treatment Standards for Hazardous Wastes'' and 268.48(a)/Table
Universal Treatment Standards (UTS). The State adopted the federal
regulations as published in the May 26, 1998, rule in tables 40 CFR
268.40 and 268.48.
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. 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 Florida is
not yet 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
[[Page 60967]]
L 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 (Public Law 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 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 December 13, 2004.
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 42
U.S.C. 6912(a), 6926, 6974(b).
Dated: March 26, 2004.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 04-22590 Filed 10-13-04; 8:45 am]
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