Final Authorization of State Hazardous Waste Management Program Revision: Mississippi

Federal Register: August 4, 2008 (Volume 73, Number 150)

Rules and Regulations

Page 45170-45172

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr04au08-6

Page 45170

ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 271

EPA-R04-RCRA-2007-1185; FRL-8699-7

Mississippi: Final Authorization of State Hazardous Waste

Management Program Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate final rule.

SUMMARY: Mississippi has applied to EPA for Final authorization of the changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). EPA proposes to grant final authorization to

Mississippi. In the ``Rules and Regulations'' section of this Federal

Register, EPA is authorizing the changes by an immediate final rule.

EPA did not make a proposal prior to the immediate final rule because we believe this action is not controversial and do not expect comments that oppose it. We have explained the reasons for this authorization in the preamble of the immediate final rule. Unless we get written comments which oppose this authorization during the comment period, the immediate final rule will become effective on the date it establishes, and we will not take further action on this proposal. If we receive comments that oppose this action, we will withdraw the immediate final rule and it will not take effect. We will respond to public comments in a later final rule based on this proposal. You may not have another opportunity for comment.

DATES: Final authorization will become effective on October 3, 2008 unless EPA receives adverse written comment on or before September 3, 2008. 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: Submit your comments, identified by Docket ID No. EPA-R04-

RCRA-2007-1185 by one of the following methods: http://www.regulations.gov: Follow the online instructions for submitting comments.

E-mail: johnson.otis@epa.gov

Fax: (404) 562-9964 (prior to faxing, please notify the

EPA contact listed below).

Mail: Send written comments to Otis Johnson, Permits and

State Programs Section, RCRA Programs and Materials Management Branch,

RCRA Division, U.S. Environmental Protection Agency, The Sam Nunn

Federal Center, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960.

Hand Delivery: Otis Johnson, Permits and State Programs

Section, RCRA Programs and Materials Management Branch, RCRA Division,

U.S. Environmental Protection Agency, The Sam Nunn Federal Center, 61

Forsyth Street, SW., Atlanta, Georgia 30303-8960. Such deliveries are only accepted during the Docket's normal hours of operation, and special arrangements should be made for deliveries of boxed information.

Instructions: Direct your comments to Docket ID No. EPA-R04-RCRA- 2007-1185. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at 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 www.regulations.gov or e-mail. The 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 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, 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.epa.gov/epahome/dockets.htm).

Docket: All documents in the docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy.

Publicly available docket materials are available either electronically in www.regulations.gov or in hard copy. You may view and copy Alabama's application from 8 a.m. to 4:30 p.m. at the EPA Region 4, RCRA

Division, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960.

You may also view and copy Mississippi's application from 8 a.m. to 4:30 p.m. at The Mississippi Department of Environmental Quality,

Hazardous Waste Division, 101 W. Capital, Suite 100, Jackson,

Mississippi 39201.

FOR FURTHER INFORMATION CONTACT: Otis Johnson, Permits and State

Programs Section, RCRA Programs and Materials Management Branch, RCRA

Division, U.S. Environmental Protection Agency, The Sam Nunn Federal

Center, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960; (404) 562- 8481; fax number: (404) 562-9964; e-mail address: johnson.otis@epa.gov.

SUPPLEMENTARY INFORMATION:

1. 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.

2. What Decisions Have We Made in This Rule?

   We conclude that Mississippi's application to revise its authorized program meets all of the statutory and regulatory requirements established by RCRA. Therefore, we grant Mississippi Final authorization to operate its hazardous waste program with the changes described in the authorization application. Mississippi has responsibility for permitting Treatment, Storage, and Disposal

   Facilities (TSDF) 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

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   HSWA take effect in authorized States before they are authorized for the requirements. Thus, EPA will implement those requirements and prohibitions in Mississippi, including issuing permits, until the State is granted authorization to do so.

3. What Is the Effect of This Authorization Decision?

   The effect of this decision is that a facility in Mississippi 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. Mississippi 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 Mississippi is being authorized by today's action are already effective, and are not changed by today's action.

4. Why Wasn't There a Proposed Rule Before This 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.

5. 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.

6. What Has Mississippi Previously Been Authorized for?

   Mississippi initially received Final authorization on June 13, 1984, effective June 27, 1984 (49 FR 24377), to implement the RCRA hazardous waste management program. We granted authorization for changes to their program on August 17, 1988, effective October 17, 1988

   (53 FR 31000), August 10, 1990, effective October 9, 1990 (55 FR 32624), March 29, 1991, effective May 28, 1991 (56 FR 13079), June 26, 1991, effective August 27, 1991 (56 FR 29589), May 11, 1992, effective

   July 10, 1992 (57 FR 20056), April 8, 1993, effective June 7, 1993 (58

   FR 18162), October 20, 1993, effective December 20, 1993 (58 FR 54044),

   March 18, 1994, effective May 17, 1994 (59 FR 12857), June 1, 1995, effective July 31, 1995 (60 FR 28539), August 30, 1995, effective

   October 30, 1995 (60 FR 5718), February 23, 2005, effective April 25, 2005 (70 FR 8731).

7. What Changes Are We Authorizing With This Action?

   On June 20, 2007, Mississippi submitted a final complete program revision application, seeking authorization of their changes in accordance with 40 CFR 271.21. Mississippi's revision consists of provisions promulgated July 1, 2000, through June 30, 2005, otherwise known as RCRA Clusters XI, XII, XIII, XIV and XV. The Mississippi

   Department of Environmental Quality adopted the rules for RCRA Clusters

   XI-XV effective May 25, 2006. We can now make an immediate final decision, subject to receipt of written comments that oppose this action, that Mississippi's hazardous waste program revision satisfies all of the requirements necessary to qualify for Final authorization.

   Therefore, we grant Mississippi Final authorization for the following program changes:

   Description of federal requirement

   Federal Register

   Checklist 188, Hazardous Air Pollutant

   July 10, 2000, 65 FR 42292.

   Standards; Technical Corrections.

   May 14, 2001, 66 FR 24270.

   July 3, 2001, 66 FR 35087.

   Checklist 189, Chlorinated Aliphatics

   November 8, 2000, 65 FR 67068.

   Listing and LDRs for Newly Identified

   Wastes.

   Checklist 190, Land Disposal

   December 26, 2000, 65 FR

   Restrictions Phase IV--Deferral for

   81373.

   PCBs in Soil.

   Checklist 191, Mixed Waste Rule......... May 16, 2001, 66 FR 27218.

   Checklist 192A, Mixture and Derived-From May 16, 2001, 66 FR 27266.

   Rules Revision.

   Checklist 193, Change of Official EPA

   June 27, 2001, 66 FR 34374.

   Mailing Address.

   Checklist 194, Mixture and Derived-From October 3, 2001, 66 FR 50332.

   Rules Revision II.

   Checklist 195, Inorganic Chemical

   November 20, 2001, 66 FR

   Manufacturing Wastes Identification and 58258.

   Listing.

   April 9, 2002, 67 FR 17119.

   Checklist 197, Hazardous Air Pollutant

   February 13, 2002, 67 FR 6792.

   Standards for Combustors: Interim

   Standards.

   Checklist 198, Hazardous Air Pollutant

   February 14, 2002, 67 FR 6968.

   Standards for Combustors: Corrections.

   Checklist 199, Vacatur of Mineral

   March 13, 2002, 67 FR 11251.

   Processing Spent Materials Being

   Reclaimed as Solid Wastes and TCLP Use with MGP Waste 67.

   Checklist 200, Zinc Fertilizer Rule..... July 24, 2002, 67 FR 48393.

   Checklist 201, Treatment Variance for

   October 7, 2002 67 FR 62618.

   Radioactively Contaminated Batteries.

   Checklist 202, Hazardous Air Pollutant

   December 19, 2002, 67 FR

   Standards for Combustors-Corrections 2. 77687.

   Checklist 203, Recycled Used Oil

   July 30, 2003, 68 FR 44659.

   Management Standards; Clarification.

   Checklist 204, Performance Track........ April 22, 2004, 69 FR 21737.

   October 25, 2004, 69 FR 21737.

   Checklist 205, NESHAP: Surface Coating

   April 26, 2004, 69 FR 22601. of Automobiles and Light-Duty Trucks.

   Checklist 206, Nonwastewaters from Dyes February 24, 2005, 70 FR 9138. and Pigments.

   Checklist 207, Uniform Hazardous Waste

   March 4, 2005, 70 FR 10776.

   Manifest Rule.

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   The Mississippi Department of Environmental Quality, Office of

   Pollution Control, Hazardous Waste Management Regulations were effective July 10, 2006.

8. 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.

   1. Who Handles Permits After the Authorization Takes Effect?

   Mississippi 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 Mississippi is not yet authorized.

10. 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 Z for this authorization of Mississippi's program changes until a later date.

11. Administrative Requirements

    The Office of Management and Budget (OMB) 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 (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 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 October 3, 2008.

    List of Subjects in 40 CFR Part 271

    Environmental protection, Administrative practice and procedure,

    Confidential business information, Hazardous waste, Hazardous waste transportation, 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: June 16, 2008.

    J.I. Palmer, Jr.,

    Regional Administrator, Region 4.

    FR Doc. E8-17710 Filed 8-1-08; 8:45 am

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