[Federal Register: June 2, 2005 (Volume 70, Number 105)]
[Rules and Regulations]
[Page 32247-32249]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02jn05-13]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-7920-6]
Alabama: Final Authorization of State Hazardous Waste Management
Program Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Immediate final rule.
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SUMMARY: Alabama 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 Alabama's changes to its 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 August 1, 2005
unless EPA receives adverse written comments by July 5, 2005. If EPA
receives such comments, 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 by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
E-mail: middlebrooks.gail@epa.gov.
Fax: (404) 562-8439 (prior to faxing, please notify the
EPA contact listed below).
Mail: Send written comments to Gail Middlebrooks at the
address listed below.
Instructions: Do not submit information that you consider to be CBI
or otherwise protected through http://www.regulations.gov, or e-mail.
The Federal 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 comments. 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.
You can view and copy Alabama's application from 8 a.m. to 5 p.m.
at the following addresses: Alabama Department of Environmental
Management, 1400 Coliseum Blvd., Montgomery, Alabama 36130-1463; (334)
271-7700 and EPA Region 4, Library, 9th Floor, The Sam Nunn Atlanta
Federal Center, 61 Forsyth Street, SW., Atlanta, Georgia 30303-3104;
(404) 562-8190.
FOR FURTHER INFORMATION CONTACT: Gail Middlebrooks, RCRA Services
Section, RCRA Programs Branch, Waste Management Division, U.S.
Environmental Protection Agency, Region 4, The Sam Nunn Atlanta Federal
Center, 61 Forsyth Street, SW., Atlanta, Georgia 30303-3104; (404) 562-
8494.
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 Alabama's applications to revise its authorized
program meet all of the statutory and regulatory requirements
established by RCRA. Therefore, we grant Alabama Final authorization to
operate its hazardous waste program with the changes described in the
authorization application. Alabama 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
[[Page 32248]]
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 Alabama, 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 Alabama 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. Alabama 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 Alabama 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 Alabama Previously Been Authorized for?
Alabama initially received final authorization on December 8, 1987,
effective December 22, 1987, (52 FR 46466) to implement the RCRA
hazardous waste management program. We granted authorization for
changes to Alabama's program on November 29, 1991, effective January
28, 1992 (56 FR 60926), May 13, 1992, effective July 12, 1992 (57 FR
20422), October 21, 1992, effective December 21, 1992 (57 FR 47996),
March 17, 1993, effective May 17, 1993 (58 FR 20422), September 24,
1993 effective November 23, 1993 (58 FR 49932), February 1, 1994,
effective April 4, 1994 (59 FR 4594), November 14, 1994, effective
January 13, 1995 (59 FR 56407), August 14, 1995, effective October 13,
1995 (60 FR 41818), February 14, 1996, effective April 15, 1996 (61 FR
5718), April 25, 1996, effective June 24, 1996 (61 FR 5718), November
21, 1997 effective February 10, 1998 (62 FR 62262), and on December 20,
2000 effective February 20, 2001 (65 FR 79769).
G. What Changes Are We Authorizing With Today's Action?
On April 6, 2005, Alabama submitted final complete program revision
application, 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 Alabama's hazardous waste
program revisions satisfy all of the requirements necessary to qualify
for final authorization. Therefore, we grant final authorization for
the following program changes:
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Description of Federal Requirement
(revision checklist) Federal Register date and page Analogous state authority \1\
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Checklist 200, Zinc Fertilizers 7/24/02, 67 FR 48393................. 335-14-2-.01, 335-14-7-03, 335-14-9-
Made from Recycled Hazardous .04(1)
Secondary Materials.
Checklist 201, Land Disposal 10/7/02, 67 FR 62618................. 335-14-9-.04(1)
Restrictions: National Treatment
Variance To Designate new
Treatment Subcategories for
Radioactively Contaminated
Cadmium, Mercury, and Silver-
Containing Batteries.
Checklist 202, NESHAP: Standards 12/19/02, 67 FR 77687................ 335-14-8-.02(10)(e), 335-14-8-
for Hazardous Air Pollutants for .02(13), 335-14-8-.06(2), 335-14-8-
Hazardous Waste Combustors- .06(5)
Corrections.
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\1\ Alabama Department of Environmental Administrative Code, Division 335-14, Hazardous Waste Program
Regulations effective April 2, 1999, March 31, 2000, April 13, 2001, March 15, 2002, April 17, 2003, and May
27, 2004.
H. Where Are the Revised State Rules Different From the Federal Rules?
Alabama's analog, 335-14-1-.02(1), to 40 CFR 260.10, includes the
definition for ``Corrective action management unit (CAMU)'' which has
been moved to 40 CFR 265.552(a) under the Federal rules.
I. Who Handles Permits After the Authorization Takes Effect?
Alabama 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. At
the time the State program is approved, EPA will suspend issuance of
Federal permits in the State. EPA will transfer any pending permit
applications, completed permits or
[[Page 32249]]
pertinent file information to the State within thirty days of the
approval of the State program. 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 Alabama is
not yet authorized.
J. How Does Today's Action Affect Indian Country (18 U.S.C. 115) in
Alabama?
The State of Alabama's Hazardous Waste Program is not being
authorized to operate in Indian Country.
K. What Is Codification and Is EPA Codifying Alabama'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 B for this authorization of Alabama's
program changes until a later date.
L. 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 section
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 13084 (63 FR
27655, May 10, 1998). 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.
Under RCRA section 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 August 1, 2005.
List of Subjects in 40 CFR Part 271
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous material 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, and 6974(b).
Dated: May 11, 2005.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 05-10993 Filed 6-1-05; 8:45 am]
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