[Federal Register Volume 69, Number 191 (Monday, October 4, 2004)]
[Rules and Regulations]
[Pages 59139-59144]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-22252]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-7823-8]
Nebraska: Final Authorization of State Hazardous Waste Management
Program Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Immediate final rule.
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SUMMARY: Nebraska has applied to the EPA for final authorization of the
changes to its hazardous waste program under the Resource Conservation
and Recovery Act (RCRA). The 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.
The 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 receive written
comments which oppose this authorization during the comment period, the
decision to authorize Nebraska's changes to its hazardous waste program
will take effect. If we receive 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 December 3,
2004 unless the EPA receives adverse written comment by November 3,
2004. If the 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: Submit your comments by one of the following methods:
1. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the on-line instructions for submitting comments.
2. E-mail: [email protected].
3. Mail: Lisa Haugen, Environmental Protection Agency, ARTD/RESP,
901 North 5th Street, Kansas City, Kansas 66101.
4. Hand Delivery or Courier. Deliver your comments to Lisa Haugen,
Environmental Protection Agency, ARTD/RESP, 901 North 5th Street,
Kansas City, Kansas 66101.
Instructions: Do not submit information that you consider to be CBI
or otherwise protected through regulations.gov, or e-mail. The Federal
regulations.gov Web site is an ``anonymous access'' system, which means
the EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an e-mail comment
directly to the EPA without going through regulations.gov, your e-mail
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, the EPA recommends that
you include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If the EPA cannot read
your comment due to technical difficulties and cannot contact you for
clarification, the EPA may not be able to consider your comment.
Electronic files should avoid the use of special characters, any form
of encryption, and be free of any defects or viruses.
[[Page 59140]]
Publicly available materials are available in hard copy at the
Environmental Protection Agency, ARTD/RESP, 901 North 5th Street,
Kansas City, Kansas 66101. The Regional Office's official hours of
business are Monday through Friday, 8 a.m. to 4:30 p.m., excluding
Federal holidays. Interested persons wanting to examine these documents
should make an appointment with the office at least 24 hours in
advance.
FOR FURTHER INFORMATION CONTACT: Lisa V. Haugen, U.S. EPA Region 7,
ARTD/RESP, 901 North 5th Street, Kansas City, Kansas 66101, (913) 551-
7877, or by e-mail at [email protected].
SUPPLEMENTARY INFORMATION:
A. Why Are Revisions to State Programs Necessary?
States which have received final authorization from the 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 the 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 the 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 Nebraska's application to revise its authorized
program meets all of the statutory and regulatory requirements
established by RCRA. Therefore, we grant Nebraska final authorization
to operate its hazardous waste program with the changes described in
the authorization application. Nebraska 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 the EPA promulgates under the authority of HSWA take
effect in authorized States before they are authorized for the
requirements. Thus, the EPA will implement those requirements and
prohibitions in Nebraska, 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 Nebraska 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. Nebraska has enforcement responsibilities under its State
hazardous waste program for violations of such program, but the 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 Nebraska is being
authorized by today's action are already effective under State law, and
are not changed by today's action.
D. Why Wasn't There a Proposed Rule Before Today's Rule?
The 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 the EPA Receives Comments That Oppose This Action?
If the 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. The 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 only 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 Nebraska Previously Been Authorized?
Nebraska initially received final authorization on January 24,
1985, effective February 7, 1985 (50 FR 3345), to implement the RCRA
hazardous waste management program. We granted authorization for
changes to its program on October 4, 1985, effective December 3, 1988
(53 FR 38950); June 25, 1996, effective August 26, 1996 (61 FR 32699);
June 4, 2002, effective April 22, 2002 (67 FR 38418); and April 10,
2003, effective June 9, 2003 (68 FR 17553).
G. What Changes Are We Authorizing With Today's Action?
On May 11, 2004, Nebraska 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 the EPA's receipt of written comments that oppose this
action, that Nebraska's hazardous waste program revision satisfies all
of the requirements necessary to qualify for final authorization.
Therefore, we grant Nebraska final authorization for the following
program changes:
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Description of federal Federal Register
requirement (include date and page (and/ Analogous state
checklist , if or RCRA statutory authority
relevant) authority)
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Listing of EBDC--Checklist 51 FR 37725-37729, Title 128 3-014;
33. October 24, 1986. Appendix II
(effective July 15,
2003).
Revised Manual SW-846-- 52 FR 8072-8073, Title 128 1-003
Checklist 35. March 16, 1987. (effective July 15,
2003).
Identification and Listing 53 FR 27162-27163, Title 128 8-005; 8-
of Hazardous Waste; July 19, 1988. 006.02 (effective
Technical Correction-- July 15, 2003).
Checklist 47.
[[Page 59141]]
Farmer Exemptions; Technical 53 FR 27164-27165, Title 128 9-001.02;
Corrections--Checklist 48. July 19, 1988). 10-001.06-.07; 12-
001.03B; 21-
001.02D; 22-
001.01E; effective
July 15, 2003).
Identification and Listing 53 FR 27290-29302, Title 128 1-120; 2-
of Hazardous Waste; July 19, 1988. 012.01-.03; 2-
Treatability Studies Sample 013.01-.02
Exemption--Checklist 49. (effective July 15,
2003).
Land Disposal Restrictions 53 FR 311-38-31222, Title 128 7-007.01B;
for First Third Scheduled August 17, 1988. 20-001.03C; 20-
Wastes--Checklist 50. 001.04; 20-004; 20-
005.01-.03; 20-007;
20-008.01; 20-
008.03; 20-012.04
21-002; 21-005; 22-
002; 22-005
(effective July 15,
2003).
Hazardous Waste Management 53 FR 34079-34087 Title 128 1-039; 1-
System; Standards for September 2, 1988. 132; 9-009.02C; 21-
Hazardous Waste Storage and 007; 21-010; 22-
Treatment Tank Systems-- 007; 22-010
Checklist 52. (effective July 15,
2003).
Identification and Listing 53 FR 35412-35421 Title 128 2-009.05;
of Hazardous Waste; and September 13, 1988. 3-014; Appendix II
Designation, Reportable (effective July 15,
Quantities, and 2003).
Notification--Checklist 53
(Amended).
Statistical Methods for 53 FR 39720-39731 Title 128 21-006
Evaluating Ground-Water October 11, 1988. (effective July 15,
Monitoring Data from 2003).
Hazardous Waste Facilities--
Checklist 55.
Identification and Listing 53 FR 43878-4381 Title 128 3-016;
of Hazardous Waste Removal October 31, 1988. Appendix I
of Iron Dextran from the (effective July 15,
List Hazardous Wastes-- 2003).
Checklist 56.
Identification and Listing 53 FR 43881-43884 Title 128 3-015-05;
of Hazardous Waste; Removal October 31, 1988. Appendix I
of Strontium Sulfide from (effective July 15,
the List of Hazardous 2003).
Wastes--Checklist 57.
Standards for Generators of 53 FR 45089-45093 Title 128 10-002.01
Hazardous Waste--Checklist November 8, 1988. (effective July 15,
58. 2003).
Hazardous Waste 54 FR 615-617, Title 128 13-012.02
Miscellaneous Units; January 9, 1989. (effective July 15,
Standards Applicable to 2003).
Owners and Operators--
Checklist 59.
Amendment to Requirements 54 FR 4286-4288, Title 128 12-
for Hazardous Waste January 30, 1989. 001.04C.
Incinerator Permits--
Checklist 60.
Land Disposal Restrictions 54 FR 18836-18838, Title 128 20-008,
Amendments to First Third May 2, 1989. Table 9 (effective
Scheduled Wastes: Checklist July 15, 2003).
62.
Land Disposal Restrictions 54 FR 26594-26652, Title 128 20-009,
Amendments to Second Third June 23, 1989. Table 9 (effective
Scheduled Wastes--Checklist July 15, 2003).
63.
Delay of Closure Period for 54 FR 33376-33398, Title 128 21-002; 21-
Hazardous Waste Management August 14, 1989. 007-008; 22-002; 22-
Facilities--Checklist 64. 007-008; Appendix V
(effective July 15,
2003).
Mining Waste Exclusion-- 54 FR 36592-3664, Title 128 2-004.02A;
Checklist 65. September 1, 1989. 2-004.02C; 2-009.05
(effective July 15,
2003).
Land Disposal Restrictions; 54 FR 36967, Title 128 7-007.01B;
Correction to the First September 6, 1989, 20-001.03; 20-
Third Scheduled Wastes-- as amended on June 001.05; 20-005.01C;
Checklist 66. 13, 1990, at 55 FR 20-005.02; 20-007;
23935. 20-012.04
(effective July 15,
2003).
Testing and Monitoring 54 FR 40260-40269, Title 128 1-003
Activities--Checklist 67. September 29, 1989. (effective July 15,
2003).
Reportable Quantity 54 FR 41402-41408, Title 128 3-014;
Adjustment Methyl Bromide October 6, 1989. Appendix II
Production Wastes-- (effective July 15,
Checklist 68. 2003).
Reportable Quantity 54 FR 50968-50979, Title 128 3-013;
Adjustment--Checklist 69. December 11, 1989. Appendices I-II
(effective July 15,
2003).
Mining Waste Exclusion II-- 55 FR 2322-2354, Title 128 1-031; 2-
Checklist 71. January 23, 1990. 009.05; 9-007.06;
10-002.13
(effective July 15,
2003).
Modification of F019 55 FR 5340-5342, Title 128 3-013
Listing--Checklist 72. February 14, 1990. (effective July 15,
2003).
Testing and Monitoring 55 FR 8948-8950, Title 128 1-003
Activities; Technical March 9, 1990. (effective July 15,
Corrections--Checklist 73. 2003).
Listing of 1, 1- 55 FR 18496-18506, Title 128 1-003; 3-
Dimethylhydrazine May 2, 1990. 014; Appendix II
Production Wastes-- (effective July 15,
Checklist 75. 2003).
Criteria for Listing Toxic 55 FR 18726, May Title 128 3-002.03
Wastes; Technical 4,1990. (effective July 15,
Amendment--Checklist 76. 2003).
HSWA Codification Rule, 55 FR 19262-19264, Title 128 21-011; 21-
Double Liners, Correction-- May 9, 1990. 014 (effective July
Checklist 77. 15, 2003).
Land Disposal Restrictions 55 FR 22520-22720, Title 128 3-006, 3-
for Third Third Scheduled June 1, 1990. 007.02; 3-008.02; 3-
Wastes--Checklist 78. 009.02; 3-010-02; 3-
013; 3-015.03; 4-
002.03; 10-004.01H;
15-012/Appendix V;
20-001.03C; 20-002;
20-002.01-07; 20-
003.01-02; 20-
005.01E2; 20-
005.01G-H; 20-
005.01J; 20-005.02-
03; 20-006.01-04;
20-007; 20-009.01;
20-009.01/Table 10;
20-009.02-03; 20-
015-17; 20-019; 21-
002; 21-011-014; 22-
001.03; 22-002; 22-
011-14 Appendix II
(effective July 15,
2003).
[[Page 59142]]
Organic Air Emission 55 FR 25454-25519, Title 128 1-003; 7-
Standards for Process Vents June 21, 1990. 005; 7-005.01; 7-
and Equipment Leaks-- 006.03; 13-012.02;
Checklist 79. 13-012.04; 21-002;
21-005; 21-019-020;
22-002; 22-005; 22-
019-20 (effective
July 15, 2003).
Toxicity Characteristic: 55 FR 40834-40837, This requirement has
Hydrocarbon Recovery October 5, 1990. expired.
Operations--Checklist 80.
Petroleum Refinery Primary 55 FR 46354-46397 Title 128 3-013.01-
and Secondary Oil/Water/ November 2, 1990, 02; Appendix II
Solids Separation Sludge as amended on (effective July 15,
Listings (F03 and F038)-- December 17, 1990 2003).
Checklist 81. at 55 FR 51707.
Wood Preserving Listings-- 55 FR 50450-50490, Title 128 1-003; 1-
Checklist 82. December 6, 1990. 038; 2-008.09; 3-
013.01; 3-017; 10-
004.01G-H; 13-
12.04; 21-010; 21-
017; 22-010; 22-018
Appendix I;
Appendix II
(effective July 15,
2003).
Land Disposal Restrictions 56 FR 3864-3928, Title 128 2-007.01A;
for Third Third Scheduled January 31, 1991. 3-006; 3-013.01; 4-
Wastes; Technical 002.03; 9-007.03D;
Amendments--Checklist 83. 9-007.03F-G; 20-
002.04; 20-002.07;
20-005.01; 20-
005.01C2; 20-
005.01F-J; 20-
005.02; 20-006.01;
20-006.04A2; 20-
008.01; 20-009,
Table 9; 20-009,
Table 10; 20-016-
019; Appendix V
(effective July 15,
2003).
Toxicity Characteristic; 56 FR 5910-5915, Title 128 2-009.11
Chlorofluorocarbon February 13, 1991. (effective July 15,
Refrigerants--Checklist 84. 2003).
Burning of Hazardous Waste 56 FR 7134-7240, Title 128 1-003; 1-
in Boilers and Industrial February 21, 1991. 004; 1-014; 1-
Furnaces--Checklist 85. 061.01-.02; 1-064;
1-064.12-.13; 1-
065; 1-094; 1-104;
2-003.04B-C; 2-
008.10; 2-009.03; 2-
009.05-.06; 7-
002.07-.10; 7-
008.01A-.01C; 7-
008.02A-.02C; 7-
008.03; 12-001.04F;
12-003.04D-.04E; 13-
012.04; 15-012.02Q;
21-007; 21-015; 22-
007; 22-015;
Appendix V
(effective July 15,
2003).
Removal of Strontium Sulfide 56 FR 7567-7568, Title 128 3-015.05;
from the List of Hazardous February 25, 1991. Appendix I
Wastes; Technical (effective July 15,
Amendment--Checklist 86. 2003).
Organic Air Emission 56 FR 19290, April Title 128 13-012.04;
Standards for Process Vents 26, 1991. 21-019-020; 22-002;
and Equipment Leaks; 22-005; 22-019-020
Technical Amendment-- (effective July 15,
Checklist 87. 2003).
Administrative Stay for K069 56 FR 19951, May 1, Title 128 3-014
Listing--Checklist 88. 1991. (effective July 15,
2003).
Revision to the Petroleum 56 FR 21955-21960, Title 128 3-013.01
Refining Primary and May 13, 1991. (effective July 15,
Secondary Oil/Water/Solids 2003).
Separation Sludge Listings
(F037 and F038)--Checklist
89.
Mining Waste Exclusion III-- 56 FR 27300-27330, Title 128 2-009.05
Checklist 90. June 13, 1991. (effective July 15,
2003).
Wood Preserving Listings; 56 FR 30192-30198, Title 128 2-008.09;
Technical Corrections-- July 1, 1991. 3-017; 10-004.01A-
Checklist 92. .01C; 10-004.01F-
.01H; 13-012.04; 21-
017; 22-018
(effective July 15,
2003).
Burning of Hazardous Waste 56 FR 32688-32852, Title 128 2-006.03B;
in Boilers and Industrial July 17, 1991. 7-003; 7-003.02; 7-
Furnaces; Corrections and 008.01B2-.01B3;7-00
Technical Amendments-- 8.03; 7-009.01C-
Checklist 94. .01D; 12-001.04E-
.04F; 13-012.04; 15-
012.02K1(d); 15-
012.02Q1; 15-
012.02Q1(a); 15-
012.02Q1(d); 22-
016; Appendix V
(effective July 15,
2003).
Land Disposal Restrictions 56 FR 41164-41178, Title 128 2-006.03C-
for Electric Arc Furnace August 19, 1991. .03C1; 2-008.11
Dust (K061)--Checklist 95. (effective July 15,
2003).
Burning of Hazardous Waste 56 FR 42504-42517, Title 128 2-003.04B;
in Boilers and Industrial August 27, 1991. 2-003.04B1-.04B3; 7-
Furnaces; Technical 008.01A; 7-008.01C;
Amendments II--Checklist 96. 7-008.03; 22-007
(effective July 15,
2003).
Amendments to Interim Status 56 FR 66365-66369, Title 128 22-006
Standards for Downgradiant December 23, 1991. (effective July 15,
Ground-Water Monitoring 2003).
Well Locations--Checklist
99.
Liners and Leak Detection 57 FR 3462-3497, Title 128 1-098; 1-
Systems for Hazardous Waste January 29, 1992. 110; 12-002.01; 12-
Land Disposal Units-- 002.01A-.01C; 13-
Checklist 100. .012.04; 21-002; 21-
005; 21-011-012; 21-
014; 22-002; 22-
005; 22-011-012; 22-
014; Appendix V
(effective July 15,
2003).
Second Correction to the 57 FR 8086-8089, Title 128 20-003.02;
Third Third Land Disposal March 6, 1992, 21-002; 22-002
Restrictions--Checklist 102. March 6, 1992. (effective July 15,
2003).
Used Oil Filter Exclusion-- 57 FR 21524-21534, Title 128 2-009.12;
Checklist 104. May 20, 1992. 2-009.12A-009.12A-.
12D (effective July
15, 2003).
Recycled Coke By-Product 57 FR 27880-27888, Title 128 2-008.10;
Exclusion--Checklist 105. June 22, 1992. 7-008.01A
(effective July 15,
2003).
Used Oil Filter Exclusion; 57 FR 29220, July 1, Title 128 2-009.12
Technical Corrections-- 1992. (effective July 15,
Checklist 107. 2003).
[[Page 59143]]
Toxicity Characteristics 57 FR 30657-30658, Title 128 2-009.07;
Revisions: Technical July 10, 1992. 2-009.09D; 22-014
Corrections--Checklist 108. (effective July 15,
2003).
Coke By-Products Listings-- 57 FR 37284-37306, Title 128 2-008.10;
Checklist 110. August 18, 1992. 3-014; Appendix II
(effective July 15,
2003).
Burning of Hazardous Waste 57 FR 38558-38566, Title 128 1-065; 1-
in Boilers and Industrial August 25, 1992. 094; 2-003.05B4; 6-
Furnaces; Technical 001.01; 7-008.01A;
Amendment III--Checklist 7-008.01C; 7-
111. 008.02C; 7-008.03;
21-001.02B; 22-
001.01C (effective
July 15, 2003).
Consolidated Liability 57 FR 42832-42844, Title 128 21-008; 22-
Requirements--Checklist 113. September 16, 1992. 008 (effective July
15, 2003).
Burning of Hazardous Waste 57 FR 44999-45001, Title 128 7-008.03
in Boilers and Industrial September 30, 1992. (effective July 15,
Furnaces; Technical 2003).
Amendment IV--Checklist 114.
Clorinated Toleunes 57 FR 47376-47386, Title 128 3-014;
Production Waste Listings-- October 15, 1992. Appendix II
Checklist 115. (effective July 15,
2003).
Toxicity Characteristic 57 FR 23062-23063, Title 128 2-004.02A
Amendment--Checklist 117B. June 1, 1992. (effective July 15,
2003).
Liquids in Landfills II-- 57 FR 54452-54461, Title 128 21-002; 21-
Checklist 118. November 18, 1992. 014; 22-002; 22-014
(effective July 15,
2003).
Toxicity Characteristic 57 FR 55114-55117, All sections have
Revision; TCLP Correction-- November 24, 1992. been removed from
Checklist 119. the Federal
regulations.
Wood Preserving; Revisions 57 FR 61492-61505, Title 128 3-013.01;
to Listings and Technical December 24, 1992. 21-017; 22-018
Requirements--Checklist 120. (effective July 15,
2003).
Boilers and Industrial 58 FR 38816-38884, Title 128 1-003; 7-
Furnaces; Changes for July 20, 1993. 008.03 (effective
Consistency with New Air July 15, 2003).
Regulations--Checklist 125.
Testing and Monitoring 58 FR 46040-46051, Title 128 1-003; 3-
Activities--Checklist 126. August 31, 1993. 008.01A-.01B; 3-
010.01; 6-003.03A1;
12-001.04C; 12-
001.04F; 13-012.04;
20-005.01A; 20-
008.01; 20-019; 21-
010; 21-014; 22-
010; 22-014
(effective July 15,
2003).
Boilers and Industrial 58 FR 59598-59603, Title 128 7-008.03
Furnaces; Administrative November 9, 1993. (effective July 15,
Stay and Interim Standards 2003).
for Bevill Residues--
Checklist 127.
Wastes From the Use of 59 FR 458-469, Title 128 1-003;
Chlorophenolic Formulations January 4, 1994. Appendix I
in Wood Surface Protection-- (effective July 15,
Checklist 128. 2003).
Revision of Conditional 59 FR 8362-8366, Title 128 2-012; 2-
Exemption for Small Scale February 18, 1994. 012.03; 2-013.02
Treatability Studies-- (effective July 15,
Checklist 129. 2003).
Recordkeeping Instructions; 59 FR 13891-13893, Title 128 21-023; 22-
Technical Amendment-- March 24, 1994. 023 (effective July
Checklist 131. 15, 2003).
Wood Surface Protection; 59 FR 28484, June 2, Title 128 1-003
Correction--Checklist 132. 1994. (effective July 15,
2003).
Letter of Credit Revision-- 59 FR 29958-29960, Title 128 21-008
Checklist 133. June 10, 1994. (effective July 15,
2003).
Correction of Beryllium 59 FR 31551-31552, Title 128 3-015.05;
Powder (P015) Listing-- June 20, 1994. Appendix I
Checklist 134. (effective July 15,
2003).
Recovered Oil Exclusion-- 59 FR 38536-38545, Title 128 2-006.03B;
Checklist 135. July 28, 1994. 2-008.12; 7-002; 7-
008.01B3 (effective
July 15, 2003).
Testing and Monitoring 60 FR 3089-3095, Title 128 1-003
Activities Amendment I-- January 13, 1995. (effective July 15,
Checklist 139. 2003).
Carbamate Production 60 FR 7824-7859, Title 128 2-004.02D5-
Identification and Listing February 9, 1995. .02D7; 2-006.03D; 3-
of Hazardous Waste-- 014; 3-015.05; 3-
Checklist 140. 016; Appendices I-
II (effective July
15, 2003).
Testing and Monitoring 60 FR 17001-17004, Title 128 1-003
Activities Amendment II-- April 4, 1995. (effective July 15,
Checklist 141. 2003).
Removal of Legally Obsolete 60 FR 33912-33915, Title 128 3-013.01;
Rules--Checklist 144. June 29, 1995. 7+008.03; 13-005-
007 (effective July
15, 2003).
Liquids in Landiflls III-- 60 FR 35703-35706, Title 128 21-014; 22-
Checklist 145. July 11, 1995. 014 (effective July
15, 2003).
Amendments to the Definition 61 FR 13103-13106, Title 128 2-008.12
of Solid Waste; Amendment March 26, 1996. (effective July 15,
II--Checklist 150. 2003).
Conditionally Exempt Small 61 FR 34252-34278, Title 128 8-006.03;
Quantity Generator Disposal July 1, 1996. 8-006.03A-.03F
Options under Subtitle D-- (effective July 15,
Checklist 153. 2003).
Conformance With the 62 FR 1992-1997, May Title 128 3-014/
Carbamate Vacatur-- 29, 1997. Table 5; 3-016/
Checklist 159. Table 7; Appendices
I-II; 20-007; 20-
008/Table 9
(effective July 15,
2003).
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[[Page 59144]]
H. Where Are the Revised State Rules Different From the Federal Rules?
In this authorization of the Fourth Program Revision for the State
of Nebraska there are no provisions that are more stringent or broader
in scope. Broader in scope requirements are not part of the authorized
program and the EPA cannot enforce them.
I. Who Handles Permits After the Authorization Takes Effect?
Nebraska will issue permits for all the provisions for which it is
authorized and will administer the permits it issues. The 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. The EPA will continue to
implement and issue permits for HSWA requirements for which Nebraska is
not yet authorized.
J. What Is Codification and Is the EPA Codifying Nebraska'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 CC for this authorization of Nebraska's program changes until a
later date.
K. Statutory and Executive Order Reviews
The Office of Management and Budget (OMB) 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 also does
not significantly or uniquely affect the communities of Tribal
governments, as specified by 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 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), the 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 the 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, the EPA has taken the necessary steps to
eliminate drafting errors and ambiguity, minimize potential litigation,
and provide a clear legal standard for affected conduct. The 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. The 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).
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: September 2, 2004.
William Rice,
Acting Regional Administrator, Region 7.
[FR Doc. 04-22252 Filed 10-1-04; 8:45 am]
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