[Federal Register Volume 65, Number 208 (Thursday, October 26, 2000)]
[Rules and Regulations]
[Pages 64161-64164]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-27140]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-6889-7]
Tennessee: Final Authorization of State Hazardous Waste
Management Program Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Immediate final rule.
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SUMMARY: Tennessee has applied to EPA for Final authorization of the
changes to its hazardous waste program under the Resource Conservation
and Recovery Act (RCRA). Tennessee's revision consists of the
Corrective Action provisions contained in HSWA Clusters I, II, and RCRA
III. 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
Tennessee'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
[[Page 64162]]
Federal Register will serve as a proposal to authorize the changes.
DATES: This final authorization will become effective on December 26,
2000 unless EPA receives adverse written comment by November 27, 2000.
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 Narindar Kumar at the address
listed below for contact. You can view and copy Tennessee's application
from 8:00 a.m. to 4:30 p.m. at the following addresses:
Tennessee Department of Environment and Conservation, Division of Solid
Waste Management, 5th Floor, L & C Tower, 401 Church Street, Nashville,
Tennessee 37243-1535; and
EPA Region 4, Library, The Sam Nunn Atlanta Federal Center, 61 Forsyth
Street, SW, Atlanta, Georgia 30303-3104; (404) 562-8190.
FOR FURTHER INFORMATION CONTACT: Narindar Kumar, Chief, RCRA Programs
Branch, Waste Management Division, U.S. Environmental Protection
Agency, The Sam Nunn Atlanta Federal Center, 61 Forsyth Street, SW,
Atlanta, Georgia 30303-3104; (404) 562-8440.
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 Tennessee's application to revise its authorized
program meets all of the statutory and regulatory requirements
established by RCRA. Therefore, we grant Tennessee Final authorization
to operate its hazardous waste program with the changes described in
the authorization application. Tennessee 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 Tennessee, 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 Tennessee 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. Tennessee has enforcement responsibilities under its state
hazardous waste program for violations of such programs, 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;
and
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 Tennessee 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 Tennessee Previously Been Authorized for?
Tennessee initially received Final authorization on January 22,
1985, effective February 5, 1985 (50 FR 2820) to implement the RCRA
hazardous waste management program. We granted authorization for
changes to their program on September 15, 1999, effective November 15,
1999 (64 FR 49998), January 30, 1998, effective March 31, 1998 (63 FR
45870), on May 23, 1996, effective July 22, 1996 (61 FR 25796), on
August 24, 1995, effective October 23, 1995 (60 FR 43979), on May 8,
1995, effective July 7, 1995 (60 FR 22524), on June 1, 1992, effective
July 31, 1992 (57 FR 23063), and on June 12, 1987, effective August 11,
1987 (52 FR 22443).
G. What Changes Are We Authorizing With Today's Action?
As a result of this action to grant final authorization to
Tennessee for the February 16, 1993, Corrective Action Management Unit
(CAMU) rule, the State will be eligible for interim authorization-by-
rule for the proposed amendments to the CAMU rule, which also proposed
the interim authorization-by-rule process (see August 22, 2000, 65 FR
51080, 51115). Tennessee will also become eligible for conditional
authorization if that alternative is chosen by EPA in the final CAMU
amendments rule. On April 20, 1999, Tennessee submitted a final
complete program revision application, seeking authorization of their
changes in accordance with 40 CFR 271.21. We now make an immediate
final decision, subject to receipt of written comments that oppose this
action, that Tennessee's hazardous waste program revision satisfies all
of the requirements
[[Page 64163]]
necessary to qualify for Final authorization. Therefore, we grant
Tennessee Final authorization for the following program changes:
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Federal Register date and
Description of Federal requirement page Analogous State authority \1\
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17L--Corrective Action.................. 07/15/85, 50 FR 28702...... Tennessee Code Annotated (TCA), 68-
21104(5), 68-212-107(a), (d)(3-4), 68-
212-108(c)(1), (d), (k) and (l), and 68-
212-111; Tennessee Revised Code (TRC)
1200-1-11-.06(6)(a)1-2, .06(6)(l)1-2,
.07(1)(c)1(i)(IV)VI.
44A--Permit Application Requirements 12/01/87, 52 FR 45788...... Tennessee Code Annotated (TCA) 68-212-
Regarding Corrective Action. 106(a)2, 68-212-107(b)(2-3), (d)(3-4) &
(6); Tennessee Revised Code (TRC) 1200-1-
11-.07(5)(c), .07(5)(e), .07(5)(e)1(i-
v), .07(5)(e)2-3.
44B--Corrective Action Beyond Facility 12/01/87, 52 FR 45788...... Tennessee Code Annotated (TCA) 68-212-
Boundary. 107(a), (b)(1-2), (d)(3-4), 68-212-
108(a)(1); Tennessee Revised Code (TRC)
1200-1-11-.06(6)(k)5, .06(6)(k)5(i-ii),
.06(6)(1)(3).
121--Corrective Action Management Units 02/16/93, 58 FR 8658....... Tennessee Code Annotated (TCA) 68-212-
and Temporary Units. 104(5), 68-212-107(a), (d)(3), 68-212-
108(a)(1) & (e), 68-212-111; Tennessee
Revised Code (TRC) 1200-1-11-.01(2)(a),
.06(1)(c), .06(6)(1)2, .06(22)(c)1,
.06(22)(c)1(i-ii), .06(22)(c)2(i),
.06(22)(c)2(i)(I-II), .06(22)(c)2(ii),
.06(22)(c)3, .06(22)(c)3(i-vii),
.06(22)(c)4-5, .06(22)(c)5(i-iii),
.06(22)(c)5(iii)(I-II), .06(22)(c)5(iv),
.06(22)(c)5(iv)(I), .06(22)(c)5(iv)(I)I-
II, .06(22)(c)5(iv)(II),
.06(22)(c)5(iv)(II)I-III,
.06(22)(c)5(iv)(III),
.06(22)(c)5(iv)(III)I-VI,
.06(22)(c)5(iv)(IV), .06(22)(c)6-8,
.06(22)(d)1-2, .06(22)(d)2(i-ii),
.06(22)(d)3, .06(22)(d)3(i-vii),
.06(22)(d)4-5, .06(22)(d)5(i-ii),
.06(22)(d)6, .06(22)(d)6(i-ii),
.06(22)(d)7, .05(1)(b)1, .10(1)(b)6,
.01(2)(a), .07(10) Appendix I.
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\1\ The Tennessee provisions are from the Tennessee Hazardous Waste Management Regulations effective January 4,
1988 and November 26, 1989.
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?
Tennessee 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 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 Tennessee is not yet authorized.
J. How Does Today's Action Affect Indian Country (18 U.S.C. 115) in
Tennessee?
The State of Tennessee's Hazardous Waste Program is not being
authorized to operate in Indian Country.
K. What Is Codification and Is EPA Codifying Tennessee'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 RR for this authorization of Tennessee'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 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
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 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
[[Page 64164]]
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 December 26, 2000.
List of Subjects in 40 CFR Part 271
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous waste, Hazardous waste
transportation, Indian 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: August 29, 2000.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 00-27140 Filed 10-25-00; 8:45 am]
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