[Federal Register Volume 67, Number 161 (Tuesday, August 20, 2002)]
[Rules and Regulations]
[Pages 53886-53888]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-21190]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-7262-6]
Florida: Final Authorization of State Hazardous Waste Management
Program Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Immediate final rule.
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SUMMARY: Florida 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 Florida'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
Federal Register will serve as a proposal to authorize the changes.
DATES: This Final authorization will become effective on October 21,
2002, unless EPA receives adverse written comment by September 19,
2002. 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 M. 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 30303-8960; (404) 562-8440. You can view
and copy Florida's application from 8 a.m. to 5 p.m. at the following
addresses: The Florida Department of Environmental Protection, Twin
Towers Office Building, 2600 Blair Stone Road, Tallahassee, Florida
32399-2400 and from 8:30 a.m. to 3:45 p.m., EPA Region 4, Library, The
Sam Nunn Atlanta Federal Center, 61 Forsyth Street, SW, Atlanta,
Georgia 30303-8960, Phone number (404) 562-8190, Kathy Piselli,
Librarian.
FOR FURTHER INFORMATION CONTACT: Narindar M. 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 30303-8960; (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 Florida's application to revise its authorized
program meets all of the statutory and regulatory requirements
established by RCRA. Therefore, we grant Florida Final authorization to
operate its hazardous waste program with the changes described in the
authorization application. Florida 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 Florida, 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 Florida 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. Florida 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 Florida 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
[[Page 53887]]
Register withdrawal document will specify which part of the
authorization will become effective, and which part is being withdrawn.
F. What Has Florida Previously Been Authorized For?
Florida initially received Final authorization on January 29, 1985,
effective February 12, 1985 (50 FR 3908), to implement the RCRA
hazardous waste management program. We granted authorization for
changes to their program on December 1, 1987, effective March 3, 1988
(52 FR 45634), December 16, 1988, effective January 3, 1989 (53 FR
50529), December 14, 1990, effective February 12, 1991 (55 FR 51416),
February 5, 1992, effective April 6, 1992 (57 FR 4371), February 7,
1992, effective April 7, 1992 (57 FR 4738), May 20, 1992, effective
July 20, 1992 (57 FR 21351), November 9, 1993, effective January 10,
1994, (58 FR 59367), July 11, 1994, effective September 9, 1994 (59 FR
35266), August 16, 1994, effective October 17, 1994 (59 41979), October
26, 1994, effective December 27, 1994 (59 FR 53753), April 1, 1997,
effective June 2, 1997 (62 FR 15407), August 23, 2001, effective
October 22, 2001 (66 FR 44307). The authorized Florida program was
incorporated by reference into the CFR on January 20, 1998, effective
March 23, 1998 (63 FR 2896). Florida received corrective action
authority on September 18, 2000, effective November 17, 2000 (65 FR
56256).
G. What Changes Are We Authorizing With Today's Action?
On September 10, 1998, Florida submitted a final complete program
revision application, seeking authorization of their changes in
accordance with 40 CFR 271.21. Florida's revisions consist of
provisions contained in the Boilers and Industrial Furnaces rule. We
now make an immediate final decision, subject to receipt of written
comments that oppose this action, that Florida's hazardous waste
program revision satisfies all of the requirements necessary to qualify
for Final authorization. Therefore, we grant Florida Final
authorization for the following program changes:
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Description of Federal Analogous State
requirement Federal Register authority*
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Consolidated Checklist for 56 FR 7134, 02/21/ Section 403.72(1),
the Burning of Hazardous 91, 56 FR 32688, 07/ Florida Statute
Waste in Boilers and 17/91; 56 FR 42504, (F.S.) (1993 and
Industrial Furnaces (85, 08/27/91; 56 FR 1994 Supplement);
94, 96, 98, 105, 110, 111, 43874, 09/05/91; 57 Rule 62-730.030(1),
114, 125, 127). FR 27880, 06/22/92; Florida
57 FR 37284, 08/18/ Administrative Code
92; 57 FR 38558, 08/ (F.A.C.), effective
25/92; 57 FR 44999, January 5, 1995;
09/30/92; 58 FR Section 403.72(1),
38816, 07/21/93, F.S., (1993 and
and FR 58 59598, 12/ 1994 Supplement);
09/93. Rule 17-730.030(1),
F.A.C., effective
October 14, 1992;
Sections 403.72(1),
403.721(1),
403.721(2),
403.721(6),
403.721(7),
403.722, and
403.7895, F.S.
(1993 and 1994
Supplement); Rules
17-730.030(1) and
17-730.181, F.A.C.
effective October
14, 1992; Section
403.72(1), F.S.
(1993 and 1994
Supplement); Rule
17-730.030(1),
F.A.C., effective
October 7, 1993 and
January 5, 1995;
Section 403.72(1),
F.S. (1993 and 1994
Supplement); Rule
17-730.030(1),
F.A.C., effective
October 14, 1992;
Rule 62-730.030(1),
F.A.C., effective
January 5, 1995;
Sections
403.087(2),
403.704(16),
403.721(2),
403.722(3), and
403.722(7), F.S.
(1993 and 1994
Supplement); Rule
17-730.220(3),
F.A.C., effective
October 14, 1992;
Sections
403.704(15),
403.72(1),
403.721(1),
403.721(2),
403.721(6),
403.721(7),
403.722, and
403.7895, F.S.
(1993 and 1994
Supplement); Rules
17-730.020(1), 17-
730.021(1)(a), 17-
730.030(1), 17-
730.180(1), 17-
730.180(2), and 17-
730.181 F.A.C.,
effective October
14, 1992; Rules 62-
730.020(1), 62-
730.030(1),62-
730.180(1), 62-
730.180(2), and 62-
730.181(1), F.A.C.
effective January
5, 1995; Sections
403.721(1),
403.721(2),
403.721(6),
403.721(7),
403.722, and
403.7895, F.S.
(1993 and 1994
Supplement); Rule
17-730.181, F.A.C.,
effective October
14, 1992 and
October 7, 1993;
Sections
403.721(1),
403.721(2),
403.721(6),
403.721(7),
403.722, and
403.7895, F.S.
(1993 and 1994
Supplement); Rules
62-730.021(1)(a)
and 62-730.181(1),
F.A.C., effective
January 5, 1995;
Sections
403.721(1),
403.721(2),
403.721(6),
403.721(7),
403.722, and
403.7895, F.S.
(1993 and 1994
Supplement); Rule
62-730.181(1),
F.A.C., effective
January 5, 1995
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*On August 10, 1994, the Florida Administrative Code chapter 17-730 was
renumbered as 62-730 as part of a reorganization of the Florida
Department of Environmental Protection. The chapter title, ``Hazardous
Waste,'' remained the same, and the contents of the Chapter did not
change as a result of the renumbering.
[[Page 53888]]
H. Where Are the Revised State Rules Different From the Federal Rules?
This section discusses certain rules where the State is broader in
scope and will not be authorized and optional rules that the state did
not adopt.
The State of Florida's permitting requirements for boilers and
industrial furnaces are broader in scope than the Federal requirements.
Section 403.7895, F. S., requires a certification of need issued by the
Governor and Cabinet sitting as the Statewide Multipurpose Hazardous
Waste Facility Siting Board before a permit can be issued.
The State did not adopt 40 CFR 260.20 and does not do delisting
petitions. Section 120.54(5), Florida Statutes, describes what is
required in Florida for rulemaking petitions.
I. Who Handles Permits After the Authorization Takes Effect?
Florida 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
the permits 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
Florida is not yet authorized.
J. How Does Today's Action Affect Indian Country (18 U.S.C. 115) in
Florida?
Florida is not authorized to carry out its hazardous waste program
in Indian country within the State, which includes:
Seminole Tribe of Florida
Miccosukee Tribe of Indians of Florida
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 Florida'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 K for this authorization of Florida'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 (Public Law 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 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 21, 2002.
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 42
U.S.C. 6912(a), 6926, 6974(b).
Dated: July 30, 2002.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 02-21190 Filed 8-19-02; 8:45 am]
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