[Federal Register Volume 66, Number 190 (Monday, October 1, 2001)]
[Rules and Regulations]
[Pages 49841-49844]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-24194]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-7068-1]
Missouri: Final Authorization of State Hazardous Waste Management
Program Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Immediate final rule.
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SUMMARY: Missouri 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 Missouri's changes to its 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 November 30,
2001 unless EPA receives adverse written comment by October 31, 2001.
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 V. Haugen, U.S. EPA Region 7,
ARTD/RESP, 901 North 5th Street, Kansas City, Kansas 66101. You can
view and copy Missouri's application during normal business hours at
the following addresses: Hazardous Waste Program, Missouri Department
of Natural Resources, P.O. Box 176, Jefferson City, Missouri 65102-
0176, (573) 751-3176; and EPA Region 7
[[Page 49842]]
Library, 901 North 5th Street, Kansas City, Kansas 66101, (913) 551-
7877, Lisa Haugen.
FOR FURTHER INFORMATION CONTACT: Lisa V. Haugen, (913) 551-7877. U.S.
EPA Region 7, ARTD/RESP, 901 North 5th Street, Kansas City, Kansas
66101.
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 Missouri's application to revise its authorized
program meets all of the statutory and regulatory requirements
established by RCRA. Therefore, we grant Missouri final authorization
to operate its hazardous waste program with the changes described in
the authorization application. Missouri has responsibility for
permitting Treatment, Storage, and Disposal Facilities 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 Missouri, 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 Missouri 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. Missouri 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.
This action does not impose additional requirements on the
regulated community because the regulations for which Missouri 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. For What Has Missouri Been Previously Authorized?
On November 20, 1985, EPA published a Federal Register notice
announcing its decision to grant final authorization for the RCRA base
program to the State of Missouri which became effective December 12,
1985 (50 FR 47740). Missouri received authorization for revisions to
its program as follows: February 27, 1989, effective April 28, 1989 (54
FR 8190); January 11, 1993, effective March 12, 1993 (58 FR 3497); and
on May 30, 1997, effective July 29, 1997 (62 FR 29301). On January 7,
1998, (63 FR 683) a correction was made to the May 30, 1997, (62 FR
29301) notice to correct the effective date of the rule to be
consistent with sections 801 and 808 of the Congressional Review Act,
enacted as part of the Small Business Regulatory Enforcement Fairness
Act. Additionally, the State adopted and applied for interim
authorization for the corrective action portion of the HSWA
Codification Rule (July 15, 1985, 50 FR 28702). For a full discussion
of the HSWA of the HSWA Codification Rule, the reader is referred to
the Federal Register cited above. The State was granted interim
authorization for the corrective action portion of the HSWA
Codification Rule on February 23, 1994, effective April 25, 1994 (50 FR
8544). Final authorization for corrective action was granted on May 4,
1999, effective July 5, 1999 (64 FR 23740). Missouri received
authorization for further revisions to its program on February 28,
2000, effective April 28, 2000 (65 FR 10405).
G. What Changes Are We Authorizing With Today's Action?
On March 22, 2001, Missouri submitted a final complete program
revision application, seeking authorization of its 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
Missouri's hazardous waste program revision satisfies all of the
requirements necessary to qualify for final authorization. Therefore,
we grant Missouri final authorization for the following program
changes:
Revisions to Missouri's regulations which specifically govern
remediation waste management provisions for corrective action
management units (CAMU) and temporary units (TU) at RCRA facilities,
promulgated February 16, 1993 (58 FR 8658) (Federal Revision
Checklist 121).
In addition, as a result of today's final authorization of Missouri for
the February 16, 1993, 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). Missouri will also become eligible
for conditional authorization if
[[Page 49843]]
that alternative is chosen by EPA in the final CAMU amendments rule.
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Description of federal Federal Register Analogous state
requirement date and page authority \1\
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Corrective action management 58 FR 8658-8685, 2/ 10 CSR 25-
units and temporary units- 16/93. 3.260(1);
checklist 121. 7.264(1);
7.265(1);
7.268(1);
7.270(1) (as
amended effective
January 30,
1999); and
260.370.3(1).
260.395.7 through
260.395.19, and
260.390 RSMo
2000.
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H. Where Are the Revised State Rules Different From the Federal
Rules?
In this authorization of the State of Missouri's program revisions
for Federal Revision Checklist 121, there are no provisions that are
more stringent or broader in scope. Broader in scope requirements are
not part of the authorized program and EPA cannot enforce them.
I. Who Handles Permits After the Authorization Takes Effect?
Missouri 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 Missouri is not yet authorized.
J. What Is Codification and Is EPA Codifying Missouri'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 CFR. We do this by referencing the authorized State
rules in 40 CFR part 272. We reserve the amendment of 40 CFR part 272,
subpart AA for this authorization of Missouri'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 preexisting 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 does not
have Tribal implications within the meaning of Executive Order 13175
(65 FR 67249, November 6, 2000). It does not have substantial direct
effects on Tribal governments, on the relationship between the Federal
Government and the Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes, as
specified in Executive Order 13175. 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 United States Senate, the United
States 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 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
[[Page 49844]]
7004(b) of the Solid Waste Disposal Act as amended 42 U.S.C.
6912(a), 6926, 6974(b).
Dated: September 13, 2001.
William W. Rice,
Acting Regional Administrator, Region 7.
[FR Doc. 01-24194 Filed 9-28-01; 8:45 am]
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