[Federal Register Volume 65, Number 209 (Friday, October 27, 2000)]
[Rules and Regulations]
[Pages 64369-64372]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-27142]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-6888-7]
Arizona: Final Authorization of State Hazardous Waste Management
Program Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Immediate final rule.
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SUMMARY: Arizona 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 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
Arizona's changes to their hazardous waste program will take effect as
provided below. If we get comments that oppose this action, we will
publish a document in the Federal Register withdrawing this rule before
it takes effect. A Notice of Proposed Rulemaking is published in this
Federal Register which authorizes the incorporation of responses to
comments or changes to the Final Rule.
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 Lisa McClain-Vanderpool, U.S. EPA,
Waste Management Division, 75 Hawthorne Street, (mailcode WST-3), San
Francisco, CA 94105. Copies of the Arizona program revision application
and the materials which EPA used in evaluating the revisions are
available for inspection and copying from 9:00-4:00 at the following
addresses: Arizona Department of Environmental Quality, 3033 North
Central Avenue, Phoenix, AZ 85012 and U.S. EPA Region 9, Library, 75
Hawthorne Street, 13th Floor, San Francisco, CA 94105; phone (415) 744-
1510.
FOR FURTHER INFORMATION CONTACT: Lisa McClain-Vanderpool at (415) 744-
2086.
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 Arizona's application to revise its authorized
program meets all of the statutory and regulatory requirements
established by RCRA. Therefore, we grant Arizona final authorization to
operate its hazardous waste program with the changes described in the
authorization application. Arizona 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 on its authority retained by EPA in accordance with RCRA,
including 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 such requirements and
prohibitions. Thus, EPA will implement those requirements and
prohibitions in Arizona, 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 Arizona 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. Arizona continues to have enforcement responsibilities under its
state law to pursue violations of its hazardous waste program. EPA
continues to have independent authority under RCRA sections 3007, 3008,
3013, and 7003, which include, among others, the authority to:
Do inspections, and require monitoring, tests, analyses or
reports;
Enforce RCRA requirements (including state-issued statutes
and regulations that are authorized by EPA and any applicable
federally-issued statutes and regulations) 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 Arizona 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
[[Page 64370]]
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 Arizona Previously Been Authorized For?
Arizona initially received Final Authorization on November 20, 1985
to implement its base hazardous waste management program. Arizona
received authorization for revisions to its program on August 6, 1991,
July 13, 1992, November 23, 1992, October 27, 1993, June 12, 1995, May
6, 1997 and October 28, 1998 (63 FR 57605-57608 effective December 28,
1998).
Subsequent of these authorizations the State of Arizona has revised
its hazardous waste program, making conforming changes to its
regulations in line with the Federal requirements. The EPA has reviewed
these changes and has made an immediate final decision, subject to
receipt of adverse comment, that Arizona's hazardous waste program
revisions satisfy all of the requirements necessary to qualify for
final authorization. Consequently, EPA intends to grant final
authorization for these revisions.
G. What Changes Are We Authorizing With Today's Action?
On May 25, 2000, Arizona 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
Arizona's hazardous waste program revision satisfies all of the
requirements necessary to qualify for final authorization. These
provisions are analogous to the indicated RCRA statutory provisions or
Federal RCRA regulations as of September 9, 1998. The Arizona
provisions are from the RCRA Cluster VII and VIII hazardous waste
regulations unless otherwise stated. Therefore, upon authorization, the
following Arizona hazardous waste requirements that are either
equivalent or more stringent than the corresponding federal
requirements will apply in lieu of the federal requirements:
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State requirement Federal requirement
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A.A.C. R18-8-268 amended June 4, 1998.. Land Disposal Restrictions
Phase III--Emergency Extension
of the K066 Capacity Variance;
62 FR 1992, January 14, 1997.
(HSWA) (Checklist 155).
A.A.C. R-18-8-8-260.A, B, C, E & F; R- Military Munitions Rule 62 FR
18-8-261.A & B; R-18-8-262.A & B; R-18- 6622, February 12, 1997.
8-263.A; R-18-8-264.A & C; R-18-8- (HSWA) (Checklist 156).
265.A & C; R-18-8-266.A; R-18-8-270.A
& C; all amended June 4, 1998.
A.A.C. R18-8-261.A & B and A.A.C. R18-8- Land Disposal Restrictions--
268, amended June 4, 1998. Phase IV 62 FR 25988, May 12,
1997. (HSWA) (Checklist 157).
A.A.C. R18-8-260.A, B& C; R-18-8-264.A; Testing and Monitoring
R-18-8-266.A, amended June 4, 1998. Activities Amendment III 62 FR
32452, June 13, 1997. (Non-
HSWA) (Checklist 158)
A.A.C. R18-8-261.A & B; A.A.C. R18-8- Conformance with Carbamate
268, amended June 4, 1998. Vacatur 62 FR 32974, June 17,
1997. (HSWA) (Checklist 159)
A.A.C. R18-8-268, amended November 15, Land Disposal Restrictions--
1999. Phase III--Emergency Extension
of the K088 Capacity Variance,
Amendment (HSWA) 62 FR 37694,
July 14, 1997. (Checklist 160)
Emergency Revision of the
Carbamate Land Disposal
Restrictions, 62 FR 45568,
August 28, 1997. (HSWA)
(Checklist 161)
Clarification of Standards for
Hazardous Waste LDR Treatment
Variances, 62 FR 64504,
December 5, 1997 (HSWA)
(Checklist 162).
A.A.C. R18-8-264.A, R18-8-265.A and R18- Organic Air Emission Standards
8-270.A, amended November 15, 1999. for Tanks, Surface
Impoundments, and Containers;
Classification and Technical
Amendment, 62 FR 64636,
December 8, 1997 (HSWA)
(Checklist 163).
A.A.C. R18-8-261.A & B, amended Kraft Mill Steam Stripper
November 15, 1999. Condensate Exclusion, 63 FR
18504, April 15, 1998 (Non-
HSWA) (Checklist 164).
A.A.C. R18-8-261 A&b, R18-8-268, Land Disposal Restrictions
amended November 15, 1999. Phase IV--Treatment Standards
However, Arizona is not currently Metal Wastes and Mineral
incorporating the mineral processing Processing Wastes; Hazardous
secondary materials exclusion portion Soils Treatment Standards and
of this rule (Checklist 167 D). Exclusions; Corrections;
Bevill Exclusion Revisions and
Clarifications; Exclusion of
Recycled Wood Preserving Waste
Waters, 63 FR 28556, May 26,
1998 (HSWA/Non-HSWA)
(Checklists 167 A, B, C, E and
F).
A.A.C. R18-8-261 A&B, R18-8-270.A, Hazardous Waste Combustors;
amended November 15, 1999. Revised Standards, 63 FR
33782, June 19, 1998 (Non-
HSWA) (Checklist 168).
A.A.C. R18-8-268, amended November 15, Land Disposal Restrictions
1999. Phase IV--Zinc Micronutrient
Fertilizer, Administrative
Stay, 63 FR 46332, August 31,
1998 (HSWA) (Checklist 170).
Emergency Revision of the Land
Disposal Restrictions
Treatment Standards for Listed
hazardous Waste from Carbamate
Production, 63 FR 47410,
September 4, 1998 (HSWA)
(Checklist 171).
Land Disposal Restrictions
Phase IV--Extension of
Compliance Date for
Characteristics Slags,
September 9, 1998 (HSWA)
(Checklist 172).
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[[Page 64371]]
H. Where Are the Revised State Rules Different From the Federal
Rules?
Arizona has adopted in whole the Federal revisions cited above.
There are no significant differences between the Federal rules and the
revised State rules being authorized today.
I. Who Handles Permits After the Authorization Takes Effect?
Arizona will issue permits for all the provisions for which it is
authorized and will administer the permits it issues. ADEQ and EPA have
agreed to a joint permitting process for RCRA permits for those
provisions of HSWA for which ADEQ does not have authorization. As ADEQ
receives authorization for additional provision of HSWA, EPA will
suspend issuance of Federal permits in the state related to those
provisions.
Whenever EPA adopts standards under HSWA for activities or wastes
not currently covered by the authorized program, EPA may process RCRA
permits in the State for the new or revised HSWA processes until ADEQ
has received final authorization for the new or revised HSWA standards.
At the time the ADEQ program is authorized for the new or revised HSWA
standards, EPA will suspend any permitting activities in those areas.
EPA will also transfer any pending permit applications, completed
permits or pertinent file information to ADEQ within thirty days of the
authorization of new or revised elements of the ADEQ program.
J. How Does Today's Action Affect Indian Country (18 U.S.C. 115) in
Arizona?
Arizona is not authorized to carry out its hazardous waste program
in Indian Country within the State, which includes the Ak Chin Indian
Community of Papago Indians, Cocopah Tribe of Arizona, Fort McDowell
Mohave-Apache Indian Community, Gila River Pima-Maricopa Indian
Community, Havasupai Tribe, Hopi Tribe of Arizona, Hualapai Indian
Tribe, Kaibab Band of Paiute Indians, Pascua Yaqui Tribe of Arizona,
Salt River Pima-Maricopa Indian Community, San Carlos Apache Tribe, San
Juan Southern Paiute Tribe, Tohono O'odham Nation, Tonto Apache Tribe,
White Mountain Apache Tribe of Fort Apache Reservation, Yavapai-Apache
Nation of Camp Verde Reservation, Yavapai-Prescott Tribe, Colorado
River Indian Tribes, Navajo Nation and Fort Mojave Indian Tribe.
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 Arizona'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 D for authorization of Arizona'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 (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 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 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 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).
[[Page 64372]]
Dated: September 27, 2000.
Felicia Marcus,
Regional Administrator, Region 9.
[FR Doc. 00-27142 Filed 10-26-00; 8:45 am]
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