[Federal Register: March 28, 2005 (Volume 70, Number 58)]
[Rules and Regulations]
[Page 15594-15596]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28mr05-18]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-7889-8]
South Carolina: Final Authorization of State Hazardous Waste
Management Program Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Immediate final rule.
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SUMMARY: South Carolina 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 South Carolina'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 May 27, 2005,
unless EPA receives adverse written comment by April 27, 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 Thornell Cheeks, South Carolina
Authorizations Coordinator, RCRA Programs Branch, Waste Management
Division, U.S. Environmental Protection Agency, Atlanta Federal Center,
61 Forsyth Street, SW., Atlanta, GA, 30303-3104; (404) 562-8479. The
application can be viewed electronically at http://www.regulation.gov.
Electronic comments on the application can be made from this site. You
may also e-mail your comments to Cheeks.Thornell@epa.gov. You can view
and copy South Carolina's applications from 9 a.m. to 4 p.m. at the
following addresses: South Carolina Department of Health and
Environmental Control, 2600 Bull Street, Columbia, South Carolina
29201, (803) 896-4174; and EPA Region 4, Atlanta Federal Center,
Library, 61 Forsyth Street, SW., Atlanta, Georgia 30303; (404) 562-
8190, John Wright, Librarian.
FOR FURTHER INFORMATION CONTACT: Thornell Cheeks, South Carolina
Authorizations Coordinator, RCRA Programs Branch, Waste Management
Division, U.S. Environmental Protection Agency, Atlanta Federal Center,
61 Forsyth Street, SW., Atlanta, GA, 30303-3104; (404) 562-8479.
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 South Carolina's applications to revise its
authorized program meets all of the statutory and regulatory
requirements established by RCRA. Therefore, we grant South Carolina
Final authorization to operate its hazardous waste program with the
changes described in the authorization applications. South Carolina 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 South Carolina,
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 South Carolina
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. South Carolina 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 South Carolina 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
[[Page 15595]]
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 South Carolina Previously Been Authorized for?
South Carolina initially received Final authorization on November
8, 1985, effective November 22, 1985 (50 FR 46437) to implement the
RCRA hazardous waste management program. We granted authorization for
changes to their program on September 8, 1988, effective November 7,
1988 (53 FR 34758), February 10, 1993, effective April 12, 1993 (58 FR
7865), November 29, 1994, effective January 30, 1995 (59 FR 60901),
April 26, 1996, effective June 25, 1996 (61 FR 18502), October 4, 2000,
effective December 4, 2000 (65 FR 59135) and August 21, 2001, effective
October 22, 2001 (66 FR 43798).
G. What Changes Are We Authorizing With Today's Action?
On November 11, 2004 South Carolina submitted a final complete
program revision application, seeking authorization of their changes in
accordance with 40 CFR 271.21. South Carolina's provisions consists of
provisions promulgated July 1, 2002, through June 30, 2003, otherwise
known as RCRA XIII. The rule adoption for the provisions of RCRA XIII
covered in this action became effective June 25, 2004. South Carolina
Statues at sections 44-56-1 through 840 and sections 44-96-10 through
470 allow the South Carolina Department of Health and Environmental
Control to administer the rules governing hazardous waste management.
We now make an immediate final decision, subject to receipt of written
comments that oppose this action, that South Carolina's hazardous waste
program revisions satisfy all of the requirements necessary to qualify
for Final authorization. Therefore, we grant South Carolina Final
authorization for the following program changes:
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Federal requirements Federal Register Analogous state authority
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Zinc Fertilizer Rule, Checklist 200, 67 FR 48393-48415; July SCHWM R.61-79.261.4.
RCRA XIII, HSWA/Non-HSWA. 24, 2002. SCHWM R.61-79.261.4(a)(20).
SCHWM R.61-79.261.4(a)(20)(i).
SCHWM R.61-79.261.4(a)(20)(ii).
SCHWM R.61-79.261.4(a)(20)(ii)(A).
SCHWM R.61-79.261.4(a)(20)(ii)(B).
SCHWM R.61-79.261.4(a)(20)(ii)(B)(1).
SCHWM R.61-79.261.4(a)(20)(ii)(B)(2).
SCHWM R.61-79.261.4(a)(20)(ii)(B)(3).
SCHWM R.61-79.261.4(a)(20)(ii)(C).
SCHWM R.61-79.261.4(a)(20)(ii)(D).
SCHWM R.61-79.261.4(a)(20)(ii)(D)(1).
SCHWM R.61-79.261.4(a)(20)(ii)(D)(2).
SCHWM R.61-79.261.4(a)(20)(ii)(D)(3).
SCHWM R.61-79.261.4(a)(20)(iii).
SCHWM R.61-79.261.4(a)(20)(iii)(B).
SCHWM R.61-79.261.4(a)(20)(iii)(C).
SCHWM R.61-79.261.4(a)(20)(iii)(D).
SCHWM R.61-79.261.4(a)(20)(iv).
SCHWM R.61-79.261.4(a)(20)(v).
SCHWM R.61-79.261.4(a)(21).
SCHWM R.61-79.261.4(a)(21)(i).
SCHWM R.61-79.261.4(a)(21) (i)(A).
SCHWM R.61-79.261.4(a)(21)(i)(B).
SCHWM R.61-79.261.4(a)(21)(ii).
SCHWM R.61-79.261.4(a)(21)(iii).
SCHWM R.61-79.261.4(a)(21)(iii)(A).
SCHWM R.61-79.261.4(a)(21)(iii)(B).
SCHWM R.61-79.261.4(a)(21)(iii)(C).
SCHWM R.61-79.261.4(a)(21)(iii)(D).
SCHWM R.61-79.261.4(a)(21)(iii)(E).
SCHWM R.61-79.261.4(a)(21)(iii)(F).
SCHWM R.61-79.266.20.
SCHWM R.61-79.266.20(d).
SCHWM R.61-79.266.20(d)(1).
SCHWM R.61-79.266.20(d)(2).
SCHWM R.61-79.268.40.
Treatment Variance for Radioactivity, 67 FR 62618-62624; October SCHWM R.61-79.268.40/Table.
Checklist 201, RCRA XIII, HSWA 7, 2002.
Provision.
Hazardous Air Pollutant Standards for 67 FR 77687-77692; SCHWM R.61-79.270.19(e).
Combuster--Corrections 2, Checklist December 19, 2002. SCHWM R.61-79.270.22 (intro).
202, RCRA XIII, HSWA Provision. SCHWM R.61-79.270.62 (intro).
SCHWM R.61-79.270.66 (intro).
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[[Page 15596]]
H. Where Are the Revised State Rules Different From the Federal Rules?
There are no State requirements that are more stringent or broader
in scope than the Federal requirements.
I. Who Handles Permits After the Authorization Takes Effect?
South Carolina 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. 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 South Carolina is not
yet authorized.
J. How Does Today's Action Affect Indian Country (18 U.S.C. 115) in
South Carolina?
South Carolina is not authorized to carry out its hazardous waste
program in Indian country within the State, which includes the Catawba
Indian Nation. Therefore, this action has no effect on Indian country.
EPA will continue to implement and administer the RCRA program in these
lands.
K. What Is Codification and Is EPA Codifying South Carolina'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 PP for this authorization of South
Carolina'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 (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 ) 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 May 27, 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, 6974(b).
Dated: March 17, 2005.
A. Stanley Meiburg,
Deputy Regional Administrator, Region 4.
[FR Doc. 05-6040 Filed 3-25-05; 8:45 am]
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