Federal Register, Volume 67 Issue 203 (Monday, October 21, 2002)

[Federal Register Volume 67, Number 203 (Monday, October 21, 2002)]
[Proposed Rules]
[Pages 64594-64598]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-26439]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-7393-7]

Ohio: Proposed Authorization of State Hazardous Waste Management
Program Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: Ohio has applied to EPA for final authorization of certain
changes to its hazardous waste program under the Resource Conservation
and Recovery

[[Page 64595]]

Act (RCRA). EPA has reviewed Ohio's application and has determined that
these changes satisfy all requirements needed to qualify for final
authorization, and is proposing to authorize the State's changes.

DATES: If you have comments on Ohio's application for authorization for
changes to its hazardous waste management program, you must submit them
in writing by December 5, 2002.

ADDRESSES: Send written comments to Ms. Judy Feigler, Ohio Regulatory
Specialist, U.S. Environmental Protection Agency, Waste, Pesticides and
Toxics Division (DM-7J), 77 W. Jackson Blvd., Chicago, Illinois 60604.
You can view and copy Ohio's application during normal business hours
at the following addresses: EPA Region 5, 77 W. Jackson Blvd., Chicago,
Illinois, contact: Ms. Judy Feigler, phone number: (312) 886-4179; or
Ohio Environmental Protection Agency, 122 S. Front St., Columbus, Ohio,
contact: Ms. Kit Arthur, phone number (614) 644-2932.

FOR FURTHER INFORMATION CONTACT: Ms. Judy Feigler, Ohio Regulatory
Specialist, U.S. Environmental Protection Agency, Waste, Pesticides and
Toxics Division (DM-7J), 77 W. Jackson Blvd., Chicago, Illinois 60604,
phone number: (312) 886-4179.

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?

EPA has determined that Ohio's application to revise its authorized
program meets all of the statutory and regulatory requirements
established by RCRA. Therefore, we are proposing to grant Ohio final
authorization to operate its hazardous waste program with the changes
described in the authorization application. Ohio will have
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 the states are authorized for the requirements. Thus, EPA
will implement those requirements and prohibitions in Ohio, including
issuing permits, until the State is granted authorization to do so.

C. What Will Be the Effect if Ohio Is Authorized for These Changes?

If Ohio is authorized for these changes, a facility in Ohio subject
to RCRA will have to comply with the authorized State requirements in
lieu of the corresponding federal requirements in order to comply with
RCRA. Additionally, such persons will have to comply with any
applicable federally-issued requirements, such as, for example, HSWA
regulations issued by EPA for which the State has not received
authorization, and RCRA requirements that are not supplanted by
authorized State-issued requirements. Ohio continues to have
enforcement responsibilities under its state hazardous waste management
program for violations of such program, but EPA retains its authority
under RCRA sections 3007, 3008, 3013, and 7003, which include, among
others, the authority to:
[sbull] Do inspections, and require monitoring, tests, analyses or
reports;
[sbull] Enforce RCRA requirements and suspend or revoke permits;
and
[sbull] Take enforcement actions regardless of whether the State
has taken its own actions.
The action to approve these revisions would not impose additional
requirements on the regulated community because the regulations for
which Ohio will be authorized are already effective under State law and
are not changed by the act of authorization.

D. What Happens if EPA Receives Comments That Oppose This Action?

If EPA receives comments that oppose this authorization, we will
address those 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.

E. What Has Ohio Previously Been Authorized For?

Ohio initially received final authorization effective June 30, 1989
(54 FR 27170-27174, June 28, 1989) to implement the RCRA hazardous
waste management program. We granted authorization for changes to
Ohio's program effective June 7, 1991 (56 FR 14203, April 8, 1991), as
corrected effective August 19, 1991 (56 FR 28808, June 19, 1991));
effective September 25, 1995 (60 FR 51244, July 27, 1995); and
effective December 23, 1996 (61 FR 54950, October 23, 1996).

F. What Changes Are We Proposing?

On June 25, 2002, Ohio submitted complete program revision
applications, seeking authorization of its changes in accordance with
40 CFR 271.21. We have determined that Ohio's hazardous waste program
revisions satisfy all of the requirements necessary to qualify for
final authorization.
Ohio's program revisions are based on changes to the federal
program and modifications initiated by the State. The federal and
analogous State provisions involved in this proposed decision and the
relevant corresponding checklists (if applicable) are listed in the
following tables:

Program Revisions Based on Federal RCRA Changes
----------------------------------------------------------------------------------------------------------------
Federal Register, Analogous state
Checklist No. Description of federal beginning page, and authority being
requirement publication date authorized
----------------------------------------------------------------------------------------------------------------
58................................ Renewal of uniform 54 FR 45089, November 8, 3745-52-20, effective
manifest form. 1988. December 30, 1989.
59................................ Miscellaneous units 54 FR 615, January 9, 3745-50-44, effective
standards for owners/ 1989. December 7, 2000.
operators; correction.
76................................ Criteria for listing 55 FR 18726, May 4, 1990 3745-51-11, effective
toxic wastes; technical December 7, 2000.
amendments.

[[Page 64596]]

77................................ Double liners; 55 FR 19262, May 9, 1990 3745-56-21 and 3745-57-
correction. 03, effective April 15,
1993.
81................................ Petroleum refiners 55 FR 46354, November 2, 3745-51-30 and 3745-51-
primary and secondary 1990; as amended at 55 31, effective December
oil/water/solids FR 51707, December 17, 7, 2000.
separation sludge 1990.
listings, as amended.
84................................ TCLP-chlorofluorocarbons 56 FR 5910, February 13, 3745-51-04, effective
1991. July 27, 2001.
86................................ Removal of strontium 56 FR 7657, February 25, 3745-51-11 and 3745-51-
sulfide from listings. 1991. 33, effective December
7, 2000.
88................................ Administrative stay for 56 FR 19951, May 1, 1991 3745-51-32, effective
K069 listing. December 7, 2000.
89................................ Petroleum refiners 56 FR 21955, May 13, 3745-51-31, effective
primary and secondary 1991. December 7, 2000.
oil/water/solids
separation sludge
listings; correction.
90................................ Mining waste exclusion- 56 FR 27300, June 13, 3745-51-04, effective
final determination for 1991. July 27, 2001; and 3745-
several wastes. 51-11, effective
December 7, 2000.
97................................ Exports of hazardous 56 FR 43704, September 3745-52-53 and 3745-52-
waste; technical 4, 1991. 56, effective April 15,
corrections. 1993.
99................................ Amendment to interim 56 FR 66365, December 3745-50-10, effective
status standards for 23,1991. December 7, 2000.
down-gradient ground
water monitoring well
locations at hazardous
waste facilities.
104............................... Oil filter exemption.... 57 FR 21524, May 20, 3745-51-04, effective
1992. July 27, 2001.
107............................... Oil filter exemption- 57 FR 29220, July 1, 3745-51-04, effective
technical correction. 1992. July 27, 2001.
110............................... Reportable quantity 57 FR 37284, August 18, 3745-51-04, effective
adjustment, listing of 1992. July 27, 2001; and 3745-
coke by-products wastes. 51-30 and 3745-51-32,
effective September 2,
1997.
113............................... Liability requirements 53 FR 33938, September 3745-55-41 and 3745-55-
and financial 1, 1988, as amended at 47, effective September
responsibility. 56 FR 30200, July 1, 2, 1997; and 3745-55-
1991; and 57 FR 42832, 43, 3745-55-45, 3745-55-
September 16, 1992. 51, 3745-66-41, 3745-66-
43, 3745-66-45, and
3745-66-47, effective
December 7, 2000.
115............................... Reportable quantity 57 FR 47376, October 15, 3745-51-32 and 3745-51-
adjustment, chlorinated 1992. 30, effective December
toluene production 7, 2000.
wastes.
117B.............................. TCLP revision........... 57 FR 23062, June 1, 3745-51-03, effective
1992. December 7, 2000.
118............................... Liquids in landfills II. 57 FR 54452, November 3745-68-14, effective
18, 1992. September 2, 1997; and
3745-50-10, 3745-54-13,
3745-57-14, 3745-57-16,
3745-65-13, and 3745-68-
16, effective December
7, 2000.
119............................... TCLP revision, as 57 FR 55114, November 3745-51-24, effective
amended. 24, 1992; as amended at September 2, 1997.
58 FR 6854, February 2,
1993.
128............................... Wastes from wood surface 59 FR 458, January 4, 3745-50-11 and 3745-51-
protection. 1994. 11, effective December
7, 2000.
129............................... Treatability study 59 FR 8362, February 18, 3745-51-04, effective
sample exclusion. 1994. July 27, 2001.
131............................... Recordkeeping 59 FR 13891, March 24, 3745-54-73 and 3745-65-
instructions, technical 1994. 73, effective December
amendment. 7, 2000.
132............................... Wastes from wood surface 59 FR 28484, June 2, 3745-50-11, effective
protection, correction. 1994. December 7, 2000.
133............................... Corrective action; 59 FR 29958, June 10, 3745-55-51, effective
treatment, storage, 1994. December 7, 2000.
disposal facility, UST,
and UIC systems;
financial assurance;
letter of credit.
135............................... Recovered oil exclusion, 59 FR 38536, July 28, 3745-51-03 and 3745-51-
petroleum refining 1994. 06, effective December
industry. 7, 2000; and 3745-51-
04, effective July 27,
2001.
139............................... Testing and monitoring 60 FR 3089, January 13, 3745-50-11, effective
activities. 1995. December 7, 2000.
140............................... Carbamate production and 60 FR 7824, February 9, 3745-51-03, 3745-51-11,
reportable quantities, 1995; as amended at 60 3745-51-30, 3745-51-32,
as amended. FR 19165, April 17, and 3745-51-33,
1995; and 60 FR 25619, effective December 7,
May 12, 1995. 2000.
141............................... Testing and monitoring 60 FR 17001, April 4, 3745-50-11, effective
activities; SW-846 1995. December 7, 2000.
amendments.
145............................... Liquids in landfills, 60 FR 35703, July 11, 3745-68-14, effective
test method added. 1995. September 2, 1997; and
3745-57-14, effective
December 7, 2000.

[[Page 64597]]

150............................... Identification and 61 FR 13103, March 26, 3745-51-04, effective
listing, petroleum 1996. July 27, 2001.
refining industry,
correction.
168............................... Comparable fuel 63 FR 33782, June 19, 3745-50-51, 3745-51-04,
exclusion. 1998. and 3745-51-38,
effective July 27,
2001.
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State-Initiated Program Changes
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State requirement Analogous federal
----------------------------------------------- requirement--Federal
State rule Effective date rule
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3745-50-21................... March 9, 2001.. 40 CFR 124.6
3745-50-22................... March 9, 2001.. 40 CFR 124.8
3745-50-30................... March 9, 2001.. 40 CFR 270.12
3745-50-41................... November 11, 40 CFR 270.10
1999.
3745-50-42................... March 9, 2001.. 40 CFR 270.11
3745-50-45................... December 7, 40 CFR 270.1(c)
2000.
3745-50-47................... March 9, 2001.. 40 CFR 264.115, 40 CFR
265.115
3745-50-54................... March 9, 2001.. 40 CFR 270.50
3745-50-57................... December 7, 40 CFR 270.61
2000.
3745-50-58................... November 11, 40 CFR 270.30
1999.
3745-51-01................... February 11, 40 CFR 261.1
1992.
3745-51-02................... October 20, 40 CFR 261.2
1998.
3745-51-08................... December 7, 40 CFR 261.8
2000.
3745-52-10................... February 11, 40 CFR 262.10
1992.
3745-52-12................... February 11, 40 CFR 262.12
1992.
3745-52-40................... March 9, 2001.. 40 CFR 262.40
3745-53-11................... September 2, 40 CFR 263.11
1997.
3745-53-30................... March 9, 2001.. 40 CFR 263.30
3745-55-15................... November 11, 40 CFR 264.115
1999.
3745-55-18................... November 11, 40 CFR 264.118
1999.
3745-55-44................... November 11, 40 CFR 264.144
1999.
3745-55-77................... February 14, 40 CFR 264.177
1995.
3745-56-20................... November 11, 40 CFR 264.220
1999.
3745-56-57................... February 14, 40 CFR 264.257
1995.
3745-56-70................... November 11, 40 CFR 264.270
1999.
3745-57-91................... February 14, 40 CFR 264.601
1995.
3745-65-11................... December 7, 40 CFR 265.11
2000.
3745-65-15................... December 7, 40 CFR 265.15
2000.
3745-65-90................... March 9, 2001.. 40 CFR 265.90
3745-65-92................... November 11, 40 CFR 265.92
1999.
3745-66-15................... November 11, 40 CFR 265.115
1999.
3745-66-44................... November 11, 40 CFR 265.144
1999.
3745-67-73................... February 14, 40 CFR 265.273
1995.
3745-68-10................... November 11, 40 CFR 265.310
1999.
3745-69-30................... February 14, 40 CFR 265.430
1995.
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G. Who Handles Permits After the Authorization Takes Effect?

Ohio will issue permits for all the provisions for which it is
authorized and will administer the permits it issues. All permits
issued by EPA prior to EPA authorizing Ohio for these revisions will
continue in force until the effective date of the State's issuance or
denial of a State RCRA permit, or the permit otherwise expires or is
revoked. EPA will administer any RCRA hazardous waste permits or
portions of permits which EPA issued prior to the effective date of
this authorization until such time as Ohio has issued a corresponding
State permit. EPA will not issue any more new permits or new portions
of permits for provisions for which Ohio is authorized after the
effective date of this authorization. EPA will continue to implement
and issue permits for HSWA requirements for which Ohio is not yet
authorized.

H. What Is Codification and Is EPA Codifying Ohio'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 P for this authorization of Ohio's program
changes until a later date.

I. How Would Authorizing Ohio for These Revisions Affect Indian Country
(18 U.S.C. 1151) in Ohio?

Ohio is not authorized to carry out its hazardous waste program in
Indian country, as defined in 18 U.S.C. 1151. Indian country includes:
1. All lands within the exterior boundaries of Indian reservations
within or abutting the State of Ohio;
2. Any land held in trust by the U.S. for an Indian tribe; and
3. Any other land, whether on or off an Indian reservation that
qualifies as Indian country.

[[Page 64598]]

Therefore, this action has no effect on Indian country. EPA retains
the authority to implement and administer the RCRA program in Indian
country. However, at this time, there is no Indian country within the
State of Ohio.

J. 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 (Pub. L. 104-4). This action does not have
tribal implications within the meaning of 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
action 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. This action does not
include environmental justice-related issues that require consideration
under Executive Order 12898 (59 FR 7929, February 16, 1994).
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) 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 action does not impose an information collection burden under the
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.).

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 proposed 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: September 26, 2002.
David A. Ullrich,
Acting Regional Administrator, Region 5.
[FR Doc. 02-26439 Filed 10-18-02; 8:45 am]
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