Final Authorization of State Hazardous Waste Management Program Revision:
Federal Register: January 14, 2011 (Volume 76, Number 10)
Proposed Rules
Page 2618-2625
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DOCID:fr14ja11-19
ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 271
EPA-R05-RCRA-2010-0738; FRL-9253-1
Minnesota: Final Authorization of State Hazardous Waste
Management Program Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
SUMMARY: Minnesota 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 reviewed Minnesota's application with regards to Federal requirements, and is proposing to authorize the
State's changes.
DATES: Comments on this proposed rule must be received on or before
February 14, 2011.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
RCRA-2010-0738 by one of the following methods: http://www.regulations.gov: Follow the on-line instructions for submitting comments.
E-mail: westefer.gary@epa.gov.
Mail: Gary Westefer, Minnesota Regulatory Specialist, LR-8J, U.S.
EPA, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604.
Instructions: Direct your comments to Docket ID Number EPA-R05-
RCRA-2010-0738. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at http://www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. 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 or any form of encryption, and be free of any defects or viruses. For additional information about EPA's public docket, visit the EPA Docket Center homepage at http://www.epagov/ epahome/dockets.htm.
Docket: All documents in the docket are listed in the http:// www.regulations.gov index. Although listed in the index, some of the information is not publicly available, e.g., CBI or other information for which disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly
Page 2619
available only in hard copy. Publicly available docket materials are available either electronically in http://www.regulations.gov or in hard copy. You may view and copy Minnesota's application from 9 a.m. to 4 p.m. at the following addresses: U.S. EPA Region 5, LR-8J, 77 West
Jackson Boulevard, Chicago, Illinois, contact: Gary Westefer (312) 886- 7450; or Minnesota Pollution Control Agency, 520 Lafayette Road, North,
St. Paul, Minnesota 55515, contact: Nathan Cooley (651) 757-2290.
FOR FURTHER INFORMATION CONTACT: Gary Westefer, Minnesota Regulatory
Specialist, U.S. EPA Region 5, LR-8J, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886-7450, e-mail westefer.gary@epa.gov.
SUPPLEMENTARY INFORMATION:
-
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 request 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.
-
What decisions have we made in this rule?
We conclude that Minnesota's application to revise its authorized program meets all of the statutory and regulatory requirements established by RCRA. Therefore, we propose to grant Minnesota final authorization to operate its hazardous waste program with the changes described in the authorization application. Minnesota 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 Minnesota, including issuing permits, until the State is granted authorization to do so.
-
What is the effect of this authorization decision?
The effect of this decision, once finalized, is that a facility in
Minnesota subject to RCRA would have to comply with the authorized
State requirements instead of the equivalent Federal requirements in order to comply with RCRA. Minnesota has enforcement responsibilities under its State hazardous waste program for RCRA violations, but EPA retains its authority under RCRA sections 3007, 3008, 3013, and 7003, which include, among others, authority to: 1. Do inspections, and require monitoring, tests, analyses or reports; and 1. Enforce RCRA requirements and suspend or revoke permits.
This action will not impose additional requirements on the regulated community because the regulations for which Minnesota is being authorized are already effective, and will not be changed by
EPA's final action.
-
What happens if EPA receives adverse comments on this action?
If EPA receives adverse comments on this authorization, we will address all public comments in a later Federal Register. You may not have another opportunity to comment. If you want to comment on this authorization, you must do so at this time.
-
What has Minnesota previously been authorized for?
Minnesota initially received Final (base) authorization on January 28, 1985, effective February 11, 1985 (50 FR 3756) to implement the
RCRA hazardous waste management program. We granted authorization for changes to Minnesota's program on July 20, 1987, effective September 18, 1987 (52 FR 27199); on April 24, 1989, effective June 23, 1989 (54
FR 16361) amended June 28, 1989 (54 FR 27170); on June 15, 1990, effective August 14, 1990 (55 FR 24232); on June 24, 1991, effective
August 23, 1991 (56 FR 28709); on March 19, 1992, effective May 18, 1992 (57 FR 9501); on March 17, 1993, effective May 17, 1993 (58 FR 14321); on January 20, 1994, effective March 21, 1994 (59 FR 2998); and on May 25, 2000, effective August 23, 2000 (65 FR 33774). Minnesota also received authorization for the U.S. Filter Recovery Services
Project XL on May 22, 2001, effective May 22, 2001 (66 FR 28085), and for the Joint Powers Agreement with Hennepin County on October 23, 2008
(73 FR 63074), effective October 23, 2008.
-
What changes are we proposing with today's action?
On June 2, 2010, Minnesota submitted a final complete program revision application, seeking authorization of their changes in accordance with 40 CFR 271.21. We are now proposing to authorize, subject to receipt of written comments that oppose this action,
Minnesota's hazardous waste program revision. We propose to grant
Minnesota final authorization for the following program changes:
Minnesota's Analogs to the Federal Requirements
Federal Register
Description of Federal
date and page requirement (include checklist
(and/or RCRA
Analogous State
No., if relevant)
statutory
authority authority)
Land Disposal Restrictions for August 19, 1991, MR 7045.0125,4,K;
Electric Arc Furnace Dust
56 FR 41164.
7045.0214,3,E;
(K061) Checklist 95.
7045.1390; Effective
June 22, 2009.
Liners and Leak Detection
January 29, 1992, MR 7001.0150;
Systems for Hazardous Waste
57 FR 3462.
7001.0590;
Land Disposal Units Checklist
7001.0600; 100.
7001.0620; 7001.0720; MR 7045.0219; 7045.0220; 7045.0452; 7045.0461; 7045.0478; 7045.0532(3),(4),(5)
,(7); 7045.0534; 7045.0534(4),(5),(6)
; 7045.0538; 7045.0538(4),(5); 7045.0556; 7045.0556(8); 7045.0584; 7045.0630; 7045.0630(5),(6); 7045.0632; 7045.0632(4),(8),(9)
; 7045.0638; 7045.0638(2);
Effective June 22, 2009.
Page 2620
Hazardous Waste Management
July 10, 1992, 57 MR 7045.0075;
System; Identification and
FR 30657.
7045.0100;
Listing of Hazardous Waste;
7045.0102;
Toxicity Characteristic;
7045.0120;
Corrections Checklist 108.
7045.0121; 7045.0638; Effective
June 22, 2009.
Land Disposal Restrictions for August 18, 1992, MR 7001.0550(K);
Newly Listed Wastes and
57 FR 37194.
7001.0560(B);
Hazardous Debris Checklist
7001.0650(5)(F)(6); 109.
MR 7045.0219; 7045.0214(3)(E),(F),
(G); 7045.0292(1)(B); 7045.0490(1)(D); 7045.0486(2),(3); 7045.0498(1)(D); 7045.0502(1); 7045.0551; 7045.0594(1); 7045.0600(1),(2); 7045.0608(1); 7045.0610(1); 7045.0630(2); 7045.0651; 7045.1390; Effective
June 22, 2009.
Identification and Listing of August 18, 1992, MR 7045.0125(4)(F);
Hazardous Waste; CERCLA
57 FR 37284.
7045.0135(1a),(C),(M
Hazardous Designation;
); Effective June
Reportable Quantity
22, 2009.
Adjustment; Coke By-Product
Wastes Checklist 110.
Consolidated Liability
Requirements:
Financial Responsibility
September 16,
MR for Third Party
1992, 57 FR
7045.0504(7)(L),(M);
Liability, Closure and
42832.
7045.0518;
Post-Closure Checklist
7045.0524; 113.
7045.0608(2); 7045.0614; 7045.0620; Effective
June 22, 2009.
Standards Applicable to
September 1,
Owners and Operators of
1988, 53 FR
Hazardous Waste
33938.
Treatment, Storage, and
Disposal Facilities;
Liability Coverage
Checklist 113.1.
Liability Requirements;
July 1, 1991, 56
Technical Amendment
FR 30200.
Checklist 113.2.
Hazardous Waste Management
October 15, 1992, MR
System; Identification and
57 FR 47376.
7045.0135(1a)(C),(M)
Listing of Hazardous Waste
; Effective June 22, and CERCLA Hazardous
2009.
Designation; Reportable
Quantity Adjustment;
Chlorinated Toluenes
Production Wastes Checklist 115.
Hazardous Waste Management
October 20, 1992, MR 7045.1390;
System; Land Disposal
57 FR 47772.
Effective June 22,
Restrictions; Case-By-Case
2009.
Capacity Variance Checklist 116.
Hazardous Waste Management
June 1, 1992, 57 MR 7045.0102(2);
System; Definition of
FR 23062.
Effective June 22,
Hazardous Waste; Mixture and
2009.
Derived-From Rules Checklist 117B.
Hazardous Waste Management;
November 18,
MR 7045.0020(84a);
Liquids in Landfills II
1992, 57 FR
7045.0458(2)(G)(3);
Checklist 118.
54452.
7045.0538(10),(12); 7045.0564(2)(G)(3); 7045.0638(7),(9);
Effective June 22, 2009.
Corrective Action Management
February 16,
MR 7001.0510;
Units and Temporary Units;
1993, 58 FR 8658. 7001.0720;
Corrective Action Units Under
7045.0020;
Subtitle C Checklist 121.
7045.0219; 7045.0220; 7045.0485; 7045.0545; 7045.0552; Effective
October 2, 1995.
Land Disposal Restrictions;
May 14, 1993, 58 MR 7045.1390;
Renewal of the Hazardous
FR 28506.
Effective June 22,
Waste Debris Case-By-Case
2009.
Capacity Variance Checklist 123.
Land Disposal Restrictions for May 24, 1993, 58 MR 7045.0450(3)(E);
Ignitable and Corrosive
FR 29860.
7045.0552(3)(F);
Characteristic Wastes Whose
7045.1390; Effective
Treatment Standards Were
June 22, 2009.
Vacated Checklist 124.
Hazardous Waste Management
August 31, 1993, MR 7001.0510;
System; Testing and
58 FR 46040.
7045.0630(C);
Monitoring Activities
7001.0700(3)(A)(3-5)
Checklist 126 as amended.
; MR 7045.0065(1); 7045.0075(2)(E)(1)(a
); 7045.0131(4)(A),(B); 7045.0131(7)(A); 7045.0135(1); 7045.0528(1)(A); 7045.0538(10)(C); 7045.0628(1)(A); 7045.0638(7)(B); 7045.1390; Effective
June 22, 2009.
Checklist 126.1............... September 19, 1994, 59 FR 47980.
Hazardous Waste Management
January 4, 1994, MR 7045.0065;
System; Identification and
59 FR 458.
7045.0135(1a)(N);
Listing of Hazardous Waste;
Effective June 22,
Wastes From Wood Surface
2009.
Protection Checklist 128.
Recordkeeping Instructions;
March 24, 1994,
MR 7045.0543(1)(A);
Technical Amendment Checklist 59 FR 13891.
7045.0643(1)(A); 131.
7045.0645(1)(A);
Effective June 22, 2009.
Hazardous Waste Management
June 2, 1994, 59 MR 7045.0065(1);
System; Identification and
FR 28484.
Effective June 22,
Listing of Hazardous Waste;
2009.
Wastes from Wood Surface
Protection; Correction
Checklist 132.
Hazardous Waste Management
June 20, 1994, 59 MR
System; Correction of Listing FR 31551.
7045.0135(1a)(D),(N) of P015--Beryllium Powder
; 7045.1390;
Checklist 134.
Effective June 22, 2009.
Standards for the Management
August 24, 1994, MR 7045.0665(1)(B); of Specific Hazardous Wastes; 59 FR 43496.
7045.1390; Effective
Amendment to Subpart C--
June 22, 2009.
Recyclable Materials Used in a Manner Constituting
Disposal; Final Rule
Checklist 136.
Page 2621
Land Disposal Restrictions
September 19,
MR 7045.0075(3),(4)
Phase II--Universal Treatment 1994, 59 FR
MR7045.0450(3)(E);
Standards, and Treatment
47982.
7045.0552(3)(F);
Standards for Organic
7045.0665(4)(B);
Toxicity Characteristic
7045.1390 Minnesota
Wastes and Newly Listed
Stat. 116.06(11)
Wastes.
3745-266-106; 3745- 266-107; Effective
June 22, 2009.
Checklist 137 as amended...... January 3, 1995, 60 FR 242.
Checklist 137.1...............
Universal Waste Rule: General May 11, 1995, 60 MR 7001.0520(2)(N);
Provisions Checklist 142A.
FR 25492.
MR 7045.0020; 7045.0120(2)(E); 7045.0206(5)(G); 7045.0208(1)(G); 7045.0214(1); 7045.0450(3)(L); 7045.1400; Effective
July 25, 2005.
Universal Waste Rule: Specific May 11, 1995, 60 MR 7045.0685(1);
Provisions for Batteries
FR 25492.
7045.1400; Effective
Checklist 142B.
July 25, 2005.
Universal Waste Rule: Specific May 11, 1995, 60 MR 7045.1400;
Provisions for Pesticides
FR 25492.
Effective July 25,
Checklist 142C.
2005.
Universal Waste Rule: Specific May 11, 1995, 60 MR 7045.1400;
Provisions for Thermostats
FR 25492.
Effective July 25,
Checklist 142D.
1995.
Universal Waste Rule:
May 11, 1995, 60 MR 7045.1400;
Provisions for Petitions to
FR 25492.
Effective July 25,
Add a New Universal Waste
2005.
Checklist 142E.
Land Disposal Restrictions
April 8, 1996, 61 MR 7045.1390;
Phase III--Decharacterized
FR 15566.
Effective June 22,
Wastewaters, Carbamate
2009.
Wastes, and Spent Potliners
Checklist 151 as amended.
Checklist 151.1 as amended.... April 8, 1996, 61
FR 15566.
Checklist 151.2 as amended.... April 30, 1996, 61 FR 19117.
Checklist 151.3 as amended.... June 28, 1996, 61
FR 33680.
Checklist 151.4 as amended.... July 10, 1996, 61
FR 36419.
Checklist 151.5 as amended.... August 26, 1996, 61 FR 43924.
Checklist 151.6............... February 19, 1997, 62 FR 7502.
Imports and Exports of
April 12, 1996,
MR 7045.0125;
Hazardous Waste:
61 FR 16290.
7045.0211;
Implementation of OECD
7045.0213;
Council Decision C(92)39
7045.0302(2),(4),(6)
Concerning the Control of
; 7045.0351;
Transfrontier Movements of
7045.0355;
Wastes Destined for Recovery
7045.0375;
Operations Checklist 152.
7045.0452; 7045.0474; 7045.0556; 7045.0578; 7045.0675; 7045.1400; Effective
June 22, 2009.
Criteria for Classification of July 1, 1996, 61 MR 7045.0219;
Solid Waste Disposal
FR 34252.
Effective June 22,
Facilities and Practices;
2009.
Identification and Listing of
Hazardous Waste; Requirements for Authorization of State
Hazardous Waste Programs
Checklist 153.
Hazardous Waste Treatment,
November 25,
MR
Storage and Disposal
1996, 61 FR
7001.0150(3)(P)(3),(
Facilities and Hazardous
59931.
4); 7001.0560(E);
Waste Generators; Organic Air
7001.0570(G);
Emissions Standards for
7001.0580(K);
Tanks, Surface Impoundments,
7001.0590(N); and Containers Checklist 154
7001.0635; MR as amended.
7045.0065(1); 7045.0125(9); 7045.0292; 7045.0452(5)(C); 7045.0458(2); 7045.0478(3); 7045.0482(4)(C); 7045.0526(10); 7045.0528(12); 7045.0532(11); 7045.0539(2); 7045.0547; 7045.0548; 7045.0549; 7045.0564(2); 7045.0556(5)(C); 7045.0584(3); 7045.0588(4)(D); 7045.0626(9); 7045.0628(13); 7045.0630(9); 7045.0647; 7045.0648;7045.0649;
Effective June 22, 2009.
Checklist 154.1 as amended.... December 6, 1994, 59 FR 62896.
Checklist 154.2 as amended.... May 19, 1995, 60
FR 26828.
Checklist 154.3 as amended.... September 29, 1995, 60 FR 50426.
Checklist 154.4 as amended.... November 13, 1995, 60 FR 56952.
Checklist 154.5 as amended.... February 9, 1996, 61 FR 4903.
Checklist 154.6............... June 5, 1996, 61
FR 28508.
Land Disposal Restrictions
January 14, 1997, MR 7045.1390;
Phase III--Emergency
62 FR 1992.
Effective June 22,
Extension of the K088
2009.
Capacity Variance Checklist 155.
Land Disposal Restrictions
May 12, 1997, 62 MR 7045.0020;
Phase IV; Treatment Standards FR 25998.
7045.0120(2)(E),(F); for Wood Preserving Wastes,
7045.0125(4)(C);
Paperwork Reduction and
7045.1390; Minnesota
Streamlining, Exemptions From
Stat. 116.06(11);
RCRA for Certain Processed
Effective June 22,
Materials; and Miscellaneous
2009.
Hazardous Waste Provisions
Checklist 157.
Page 2622
Hazardous Waste Management
June 17, 1997, 62 MR 7045.0135;
System; Carbamate Production, FR 32974.
7045.1390; Effective
Identification and Listing of
June 22, 2009.
Hazardous Waste; Land
Disposal Restrictions
Checklist 159.
Land Disposal Restrictions
July 14, 1997, 62 MR 7045.1390;
Phase III--Emergency
FR 37694.
Effective June 22,
Extension of the K088
2009.
National Capacity Variance,
Amendment Checklist 160.
Second Emergency Revision of
August 28, 1997, MR 7045.1390; the Land Disposal
62 FR 45568.
Effective June 22,
Restrictions (LDR) Treatment
2009.
Standards for Listed
Hazardous Wastes From
Carbamate Production
Checklist 161.
Classification of Standards
December 5, 1997, MR 7045.1390; for Hazardous Waste Land
62 FR 64504.
Effective June 22,
Disposal Restriction
2009.
Treatment Variances Checklist 162.
Hazardous Waste Treatment,
December 8, 1997, MR 7001.0560(E); MR
Storage and Disposal
62 FR 64636.
7045.0452(5)(C);
Facilities and Hazardous
7045.0478(3)(H);
Waste Generators; Organic Air
7045.0547;
Emissions Standards for
7045.0548;
Tanks, Surface Impoundments,
7045.0549; and Containers; Clarification
7045.0556(4)(C); and Technical Amendment
7045.0584(3)(H);
Checklist 163.
7045.0643(1)(F); 7045.0647; 7045.0648; 7045.0649; Effective
June 22, 2009.
Land Disposal Restrictions
May 26, 1998, 63 MR 7045.1390;
Phase IV; Treatment Standards FR 28556.
Effective June 22, for Metal Wastes and Mineral
2009.
Processing Wastes Checklist 167A.
Land Disposal Restrictions
May 26, 1998, 63 MR 7045.1390;
Phase IV; Hazardous Soils
FR 28556.
Effective June 22,
Treatment Standards and
2009.
Exclusions Checklist 167B.
Land Disposal Restrictions
May 26, 1998, 63 MR 7045.1390;
Phase IV; Corrections
FR 28556.
Effective June 22,
Checklist 167C as amended.
2009.
Checklist 167C.1.............. June 8, 1998, 63
FR 31266.
Minerals Processing Secondary May 26, 1998, 63 MR 7045.1390;
Materials Exclusion Checklist FR 28556.
Effective June 22, 167D.
2009.
Bevill Exclusion Revisions and May 26, 1998, 63 MR
Clarification Checklist 167E. FR 28556.
7045.0102(2)(H),(I); 7045.0120(1)(I);
Effective June 22, 2009.
Exclusion of Recycled Wood
May 26, 1998, 63 MR 7045.0120(1)(T);
Preserving Wastewaters
FR 28556.
Effective June 22,
Checklist 167F.
2009.
Hazardous Waste Combustors;
June 19, 1998, 63 MR
Revised Standards; Final Rule- FR 33782.
7001.0650(5)(F)(7);
Part 1-RCRA Comparable Fuel
7001.0730(6); MR
Exclusion; Permit
7045.0120(2)(E);
Modifications for Hazardous
Effective June 1,
Waste Combustion Units;
2004.
Notification of Intent to
Comply; Waste Minimization and Pollution Prevention
Criteria for Compliance
Extensions Checklist 168.
Hazardous Waste Management
August 6, 1998,
MR 7045.0075;
System; Identification and
63 FR 42110.
7045.0100;
Listing of Hazardous Waste;
7045.0102;
Petroleum Refining Process
7045.0120;
Wastes; Land Disposal
7045.0121;
Restrictions for Newly
7045.0124;
Identified Wastes; and CERCLA
7045.0125;
Hazardous Substance
7045.0135(2),(3);
Designation and Reportable
7045.0141;
Quantities Checklist 169.
7045.1390; Effective
June 22, 2009.
Hazardous Waste Recycling;
August 31, 1998, MR 7045.1390;
Land Disposal Restrictions
63 FR 46332.
Effective June 22,
Phase IV Zinc Micronutrient
2009.
Fertilizers, Administrative
Stay Checklist 170.
Emergency Revisions of the
September 4,
MR 7045.1390;
Land Disposal Restrictions
1998, 63 FR
Effective June 22,
(LDR) Treatment Standards for 47409.
2009.
Listed Hazardous Wastes From
Carbamate Production
Checklist 171.
Characteristic Slags Generated September 9,
MR 7045.1390;
From Thermal Recovery of Lead 1998, 63 FR
Effective June 22, by Secondary Lead Smelters;
48124.
2009.
Land Disposal Restrictions;
Final Rule; Extension of
Compliance Date Checklist 172.
Land Disposal Restrictions
September 24,
MR 7045.1390;
(LDR) Treatment Standards for 1998, 63 FR
Effective June 22,
Spent Potliners from Primary 51254.
2009.
Aluminum Reduction (K088)
Checklist 173.
Standards Applicable to Owners October 22, 1998, MR 7001.0500; and Operators of Closed and
63 FR 56710.
7001.0520;
Closing Hazardous Waste
7001.0560;
Management Facilities: Post-
7001.0640; MR
Closure Permit Requirement
7045.0060; and Closure Process; Final
7045.484(1); rule Checklist 174.
7045.486; 7045.0490; 7045.0498; 7045.0590; 7045.0594; 7045.600; 7045.0602(2); 7045.0608(1); 7045.628; 7045.0630; 7045.0670(2);
Effective February 14, 2005.
Hazardous Remediation Waste
November 30,
MR 7001.0060;
Management Requirements (HWIR- 1998, 63 FR
7001.0070;
Media) Checklist 175.
65874.
7001.0190; 7001.0510; 7001.0720; 7001.0650(7); MR 7045.0020; 7045.0075; 7045.0100; 7045.0102; 7045.0120; 7045.0121; 7045.0219; 7045.0220; 7045.0450; 7045.0478; 7045.0485; 7045.0545; 7045.0552; 7045.1390; Effective
February 14, 2005.
Page 2623
Universal Waste Rule--
December 24,
MR 7045.0685;
Technical Amendments
1998, 63 FR
7045.1400; Effective
Checklist 176.
71225.
July 25, 2005.
Hazardous Waste Treatment,
January 21, 1999, MR 7045.0547;
Storage and Disposal
64 FR 3381.
7045.0549;
Facilities and Hazardous
7045.0649; Effective
Waste Generators; Organic Air
June 22, 2009.
Emissions Standards for
Tanks, Surface Impoundments, and Containers Checklist 177.
Land Disposal Restrictions
May 11, 1999, 64 Minnesota Stat.
Phase IV: Treatment Standards FR 25408.
166.06(11); MR for Wood Preserving Wastes,
7045.0120(1);
Treatment Standards for Metal
7045.0292(5)(G);
Wastes, Zinc Micronutrient
7045.1390; Effective
Fertilizers, Carbamate
June 22, 2009.
Treatment Standards, and K088
Treatment Standards Checklist 179.
Hazardous Waste Management
July 6, 1999, 64 MR 7001.0500;
System; Modification of the
FR 36466.
7001.0520; MR
Hazardous Waste Program;
7045.0219;
Hazardous Waste Lamps; Final
7045.0220;
Rule Checklist 181.
7045.0450; 7045.0552; 7045.1300; 7045.1400; Effective
July 25, 2005.
Land Disposal Restrictions
October 20, 1999, MR 7045.0135(1)(C);
Phase IV: Final Rule
64 FR 56469.
7045.0292(1)(G);
Promulgating Treatment
7045.1390; Effective
Standards for Metal Wastes,
June 22, 2009. and Mineral Processing
Wastes; Mineral Processing
Secondary Materials and
Bevill Exclusion Issues;
Treatment Standards for
Hazardous Soils, and
Exclusion of Recycled Wood
Preserving Wastewaters
Checklist 183.
Organobromine Production
March 17, 2000,
MR 7045.0135(1);
Wastes; Identification and
65 FR 14472.
7045.1390; Effective
Listing of Hazardous Waste;
June 22, 2009.
Land Disposal Restrictions;
Listing of CERCLA Hazardous
Substances, Reportable
Quantities Checklist 185.
Organobromine Production
June 8, 2000, 65 MR 7045.0135(1)(B);
Wastes; Petroleum Refining
FR 36365.
7045.1390; Effective
Wastes; Land Disposal
June 22, 2009.
Restrictions; Checklist 187.
Hazardous Waste Management
November 8, 2000, MR 7045.0135(1);
System; Identification and
65 FR 67068.
7045.1390; Effective
Listing of Hazardous Waste;
June 22, 2009.
Chlorinated Aliphatics
Production Wastes; and CERCLA
Hazardous Substance
Designation and Reportable
Quantities Checklist 189.
Deferral of Phase IV Standards December 26,
MR 7045.1390; for PCBs as a Constituent
2000, 65 FR
Effective June 22,
Subject to Treatment in Soil 81373.
2009.
Checklist 190.
Hazardous Waste Identification May 16, 2001, 66 MR 7045.0102(2);
Rule (HWIR); Revisions to the FR 27266.
7045.0214(3)(A);
Mixture and Derived From
Effective June 22,
Rules Checklist 192A.
2009.
Hazardous Waste Identification May 16, 2001, 66 MR 7045.1390;
Rule (HWIR); Land Disposal
FR 27266.
Effective June 22,
Restrictions Correction
2009.
Checklist 192B.
Corrections to the Hazardous
October 3, 2001, MR 7045.0102;
Waste Identification Rule
66 FR 50332.
7045.0124; Effective
(HWIR); Revisions to the
June 22, 2009.
Mixture and Derived From
Rules (Revision II) Checklist 194.
Amendments to the Corrective
January 22, 2002, MR 7045.0020;
Action Management Unit Rule
67 FR 2962.
7045.0545(1)(a);
Checklist 196.
7045.0547(1); 7045.0548(1);
Effective February 14, 2005.
Hazardous Waste Management
March 13, 2002,
Minnesota Stat.
System; Definition of Solid
67 FR 11251.
116.06(11); MR
Waste; Toxicity
7045.0120(1)(X);
Characteristic; Vacatur of
7045.0131(7);
Mineral Processing Spent
Effective June 22,
Materials Being Reclaimed as
2009.
Solid Wastes and TCLP Use with MGP Waste Checklist 199.
Land Disposal Restrictions;
October 7, 2002, MR 7045.1390;
National Treatment Variance
67 FR 62618.
Effective June 22, to Designate New Treatment
2009.
Subcategories for
Radioactively Contaminated
Cadmium-, Mercury-, and
Silver-Containing Batteries
Checklist 201.
Hazardous Waste Management
June 4, 2008, 73 MR 7045.0135;
System; Identification and
FR 31756.
Effective June 22,
Listing of Hazardous Waste;
2009.
Amendment to Hazardous Waste
Code F019 Checklist 218.
-
Which revised State rules are different from the Federal rules?
Minnesota has excluded the non-delegable Federal requirements at 40
CFR 268.5, 268.6, 268.42(b), 268.44, and 270.3. EPA will continue to implement those requirements. In this action, Minnesota has chosen to remain more stringent in the Hazardous Remediation Waste Management
Requirements, (Checklist 175 above) by choosing not to adopt 40 CFR 270.79 through 270.230 which allow for Remedial Action Plans (RAP). The
RAP is considered to be less stringent. Minnesota is more stringent in checklist 108, as it does not recognize the list of excluded processes, nor does it have provision to waive the double liner requirement in 40
CFR 265.301(d). In rule revision (Checklist) 118, Minnesota does not allow any liquids in landfills even as provided for in 40 CFR 264.314.
In rule revision (Checklist) 142, Minnesota does not contain a provision to add a Universal Waste under 40 CFR 273.80 or 260.23.
Page 2624
-
Who handles permits after the authorization takes effect?
Minnesota 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 Minnesota is not yet authorized.
-
How does today's action affect Indian Country (18 U.S.C. 1151) in
Minnesota?
Minnesota is not authorized to carry out its hazardous waste program in ``Indian Country,'' as defined in 18 U.S.C. 1151. Indian
Country includes: 1. All lands within the exterior boundaries of Indian Reservations within or abutting the State of Minnesota, including: a. Bois Forte Indian Reservation b. Fond Du Lac Indian Reservation c. Grand Portage Indian Reservation d. Leech Lake Indian Reservation e. Lower Sioux Indian Reservation f. Mille Lacs Indian Reservation g. Prairie Island Indian Reservation h. Red Lake Indian Reservation i. Shakopee Mdewankanton Indian Reservation j. Upper Sioux Indian Reservation k. White Earth Indian Reservation 2. Any land held in trust by the U.S. for an Indian tribe; and 3. Any other land, whether on or off an Indian reservation that qualifies as Indian Country.
Therefore, EPA retains the authority to implement and administer the
RCRA program in Indian Country.
-
-
What is codification and is EPA codifying Minnesota'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. Minnesota's rules, up to and including those revised June 7, 1991, as corrected August 19, 1991, have previously been codified through incorporation by reference effective February 4, 1992 (57 FR 4162) .
-
Statutory and Executive Order Reviews
This proposed rule only authorizes hazardous waste requirements pursuant to RCRA 3006 and imposes no requirements other than those imposed by State law (see SUPPLEMENTARY INFORMATION, Section A. Why are
Revisions to State Programs Necessary?). Therefore this rule complies with applicable executive orders and statutory provisions as follows: 1. Executive Order 18266: Regulatory Planning Review
The Office of Management and Budget has exempted this rule from its review under Executive Order 12866 (58 FR 51735, October 4, 1993). 2. Paperwork Reduction Act
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.). 3. Regulatory Flexibility Act
This rule authorizes State requirements for the purpose of RCRA 3006 and imposes no additional requirements beyond those required by
State law. Accordingly, I certify that this rule 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.). 4. Unfunded Mandates Reform Act
Because this rule approves 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). 5. Executive Order 13132: Federalism
Executive Order 13132 (64 FR 43255, August 10, 1999) does not apply to this rule because it will not have federalism implications (i.e., 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). 6. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175 (65 FR 67249, November 9, 2000) does not apply to this rule because it will not have tribal implications (i.e., substantial direct effects on one or more Indian tribes, or on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal
Government and Indian tribes.) 7. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
This rule is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997), because it is not economically significant as defined in Executive Order 12866 and because the EPA does not have reason to believe the environmental health or safety risks addressed by this action present a disproportionate risk to children. 8. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This rule is not subject to Executive Order 13211 (66 FR 28355, May 22, 2001), because it is not a significant regulatory action as defined in Executive Order 12866. 9. National Technology Transfer Advancement Act
EPA approves State programs as long as they meet criteria required by RCRA, so it would be inconsistent with applicable law for EPA, in its review of a State program, to require the use of any particular voluntary consensus standard in place of another standard that meets 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 to this rule. 10. Executive Order 12988
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. 11. Executive Order 12630: Evaluation of Risk and Avoidance of
Unanticipated Takings
EPA has complied with Executive Order 12630 (53 FR 8859, March 18, 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.
Page 2625
12. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low Income Populations
Because this rule proposes authorization of pre-existing State rules and imposes no additional requirements beyond those imposed by
State law and there are no anticipated significant adverse human health or environmental effects, the rule is not subject to Executive Order 12898 (59 FR 7629, February 16, 1994). 13. Congressional Review Act
EPA will submit a report containing this rule and other information required by the Congressional Review Act (5 U.S.C. 801 et seq.) 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).
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, 6974(b).
Dated: September 28, 2010.
Susan Hedman,
Regional Administrator, Region 5.
FR Doc. 2011-749 Filed 1-13-11; 8:45 am
BILLING CODE 6560-50-P
