[Federal Register: January 27, 2005 (Volume 70, Number 17)]
[Rules and Regulations]
[Page 3894-3896]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27ja05-12]
[[Page 3894]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-7864-6]
Georgia: Final Authorization of State Hazardous Waste Management
Program Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Immediate final rule.
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SUMMARY: Georgia 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 Georgia'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 March 28,
2005, unless EPA receives adverse written comment by February 28, 2005.
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, Georgia
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 baker.audrey@epa.gov or
submit your comments at http://www.regulations.gov. We must receive
your comments by February 28, 2005. You can view and copy Georgia's
application from 8 a.m. to 4:30 p.m. at The Georgia Department of
Natural Resources, Environmental Protection Division, 2 Martin Luther
King, Jr. Drive, Suite 1154 East Tower, Atlanta, Georgia 30334-4910,
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, John Wright, Librarian.
FOR FURTHER INFORMATION CONTACT: Audrey E. Baker, Georgia
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 Georgia's application to revise its authorized
program meets all of the statutory and regulatory requirements
established by RCRA. Therefore, we grant Georgia Final authorization to
operate its hazardous waste program with the changes described in the
authorization application. Georgia 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 Georgia, 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 Georgia 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. Georgia 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 Georgia 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
[[Page 3895]]
Register withdrawal document will specify which part of the
authorization will become effective, and which part is being withdrawn.
F. What Has Georgia Previously Been Authorized for?
Georgia initially received Final authorization on August 7, 1984,
effective August 21, 1984 (49 FR 31417), to implement the RCRA
hazardous waste management program. We granted authorization for
changes to their program on July 7, 1986, effective September 18, 1986
(51 FR 24549), July 28, 1988, effective September 26, 1988 (53 FR
28383), July 24, 1990, effective September 24, 1990 (55 FR 30000),
February 12, 1991, effective April 15, 1991 (56 FR 5656), May 11, 1992,
effective July 10, 1992 (57 FR 20055), November 25, 1992, effective
January 25, 1993 (57 FR 55466), February 26, 1993, effective April 27,
1993 (58 FR 11539), November 16, 1993, effective January 18, 1994 (58
FR 60388), April 26, 1994, effective June 27, 1994 (59 FR 21664), May
10, 1995, effective July 10, 1995 (60 FR 24790), August 30, 1995,
effective October 30, 1995 (60 FR 45069), March 7, 1996, effective May
6, 1996 (61 FR 9108), September 18, 1998, effective November 17, 1998
(63 FR 49852), October 14, 1999, effective December 13, 1999 (64 FR
55629), November 28, 2000, effective March 30, 2001 (66 FR 8090), July
16, 2002, effective September 16, 2002 (67 FR 46600), November 19,
2002, effective January 21, 2003 (67 FR 69690), and July 18, 2003,
effective September 16, 2003.
G. What Changes Are We Authorizing With Today's Action?
Georgia submitted a final complete program revision application,
seeking authorization of their changes in accordance with 40 CFR
271.21. Georgia's revision consists of provisions promulgated July 1,
2001 through June 30, 2002, and July 1, 2002 through June 30, 2003,
otherwise known as RCRA Clusters XII and XIII. The Georgia Board of
Natural Resources adopted the rules for RCRA Cluster XII on December 4,
2002, which became effective December 30, 2002. The rules for RCRA
Cluster XIII were adopted by the same board on January 28, 2004, and
were effective February 22, 2004. We now make an immediate final
decision, subject to receipt of written comments that oppose this
action, that Georgia's hazardous waste program revision satisfies all
of the requirements necessary to qualify for Final authorization.
Therefore, we grant Georgia Final authorization for the following
program changes:
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Description of Federal Analogous State
requirement Federal Register authority
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Checklist 194, Hazardous October 3, 2001 66 391-3-11-.07(1)
Waste Identification Rule FR 50332-50334. Georgia Rule for
Corrections: Revisions to December 3, 2001 66 Hazardous Waste
Mixture and Derived-From FR 60153-60154. Management
Rule.
Checklist 195, November 20, 2001 66 391-3-11-.07(1), 391-
Identification and Listing FR 58258-58300. .3-11-.16 Georgia
of Hazardous Waste: April 9, 2002 66 FR Rules for Hazardous
Inorganic Chemical 17119-17120. Waste Management
Manufacturing Wastes; Land
Disposal Restrictions for
Newly Identified Wastes.
Checklist 196, CAMU January 22, 2002 67 391-3-11-.02(1), 391-
Amendments. FR 2962-3029. 3-11-.10(2) Georgia
Rules for Hazardous
Waste Management
Checklist 197, Interim February 13, 2002 67 391-3-11-.10(1), 391-
Standards for Air FR 6792-6818. 3-11-.10(2), 391-3-
Pollutants for Hazardous 11-.10(3), 391-3-11-
Waste Combustors. .11(3)(c), 391-3-11-
.11(3)(h), 391-3-11-
.11(10) Georgia
Rules for Hazardous
Waste Management
Checklist 198, Hazardous Air February 14, 2002 67 391-3-11.10(3), 391-
Pollutant Standards for FR 6968-6996. 3-11-.11(7)(d)
Hazardous Waste Combustors. Georgia Rules for
Hazardous Waste
Management
Checklist 199, Vacatur of March 13, 2002 67 FR 391-3-11-.07(1)
Mineral Processing Spent 11251-11254. Georgia Rules for
Materials Being Reclaimed Hazardous Waste
as Solid Wastes and TCLP Management
Use with MGP Waste.
Checklist 200, Zinc July 24, 2002 67 FR 391-3-11-.07(1), 391-
Fertilizer Made From 48393-48415. 3-11-.10(3), 391-3-
Recycled Hazardous 11-.16 Georgia
Secondary Material. Rules for Hazardous
Waste Management
Checklist 201, Land Disposal October 7, 2002 67 391-3-11-.16 Georgia
Restrictions: National FR 62618-62625. Rules for Hazardous
Treatment Variance to Waste Management
Designate New Treatment
Subcategories for
Radioactively Contaminated
Cadmium-, Mercury-, and
Silver-Containing Batteries.
Checklist 202, NESHAP: December 19, 2002 67 391-3-11-.11(10),
Standards for Hazardous Air FR 77687-77692. 391-3-11-.10(13)
Pollutants for Hazardous 391-3-11-.11(3)(h)
Waste Combustors- Georgia Rules for
Corrections. Hazardous Waste
Management
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H. Where Are the Revised State Rules Different From the Federal Rules?
There are no State requirements in this program revision considered
to be more stringent or broader in scope than the Federal requirements.
I. Who Handles Permits After the Authorization Takes Effect?
Georgia 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 Georgia is
not yet authorized.
J. What is Codification and is EPA Codifying Georgia'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 L for this authorization of Georgia's
program changes until a later date.
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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 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 (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 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 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 28, 2005.
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, and 6974(b).
Dated: January 6, 2005.
A. Stanley Meiburg,
Deputy Regional Administrator, Region 4.
[FR Doc. 05-1531 Filed 1-26-05; 8:45 am]
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