[Federal Register Volume 69, Number 12 (Tuesday, January 20, 2004)]
[Rules and Regulations]
[Pages 2674-2677]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-1042]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-7609-6]
Pennsylvania: Final Authorization of State Hazardous Waste
Management Program Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Immediate final rule.
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SUMMARY: Pennsylvania has applied to EPA for final authorization of
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 Pennsylvania'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 receive written comments
which oppose this authorization during the comment period, the decision
to authorize Pennsylvania's changes to its hazardous waste program will
take effect. If we receive comments that oppose this action, or
portions thereof, we will publish a document in the Federal Register
withdrawing the relevant portions of this rule, before they take
effect, and a separate document in the proposed rules section of this
Federal Register will serve as a proposal to authorize changes to
Pennsylvania's program that were the subject of adverse comments.
DATES: This final authorization will become effective on March 22,
2004, unless EPA receives adverse written comments by February 19,
2004. If EPA receives any such comments, it will publish a timely
withdrawal of this immediate final rule in the Federal Register and
inform the public that this authorization, or portions thereof, will
not take effect as scheduled.
ADDRESSES: Send written comments to Charles Bentley, Mailcode 3WC21,
RCRA State Programs Branch, U.S. EPA Region III, 1650 Arch Street,
Philadelphia, PA 19103, Phone number: (215) 814-3379. Comments may also
be submitted electronically to: [email protected], or by facsimile
at (215) 814-3163. Comments in electronic format should identify this
specific notice. You can view and copy Pennsylvania's application from
8 a.m. to 4:30 p.m., Monday through Friday at the following locations:
Pennsylvania Department of Environmental Protection, Bureau of Land
Recycling and Waste Management, P.O. Box 8471, Rachel Carson State
Office Building, Harrisburg, PA 17105-8471, Phone number (717) 787-
6239; Pennsylvania Department of Environmental Protection, Southwest
Regional Office, 400 Waterfront Drive, Pittsburgh, PA 15222-4745, Phone
number: (412) 442-4120; and EPA Region III, Library, 2nd Floor, 1650
Arch Street, Philadelphia, PA 19103-2029, Phone number: (215) 814-5254.
Persons with a disability may use the AT&T Relay Service to contact
Pennsylvania Department of Environmental Protection by calling (800)
654-5984 (TDD users), or (800) 654-5988 (voice users).
FOR FURTHER INFORMATION CONTACT: Charles Bentley, Mailcode 3WC21, RCRA
State Programs Branch, U.S. EPA Region III, 1650 Arch Street,
Philadelphia, PA 19103-2029, Phone number: (215) 814-3379.
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 to become more
stringent or broader in scope, States must change their programs and
apply to EPA to authorize the changes. Authorization of 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 revise 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 Has EPA Made in This Rule?
EPA concludes that Pennsylvania's application to revise its
authorized program meets all of the statutory and regulatory
requirements established by RCRA. Therefore, we grant Pennsylvania
final authorization to operate its hazardous waste program with the
changes described in its application for program revisions,
[[Page 2675]]
subject to the procedures described in Section E, below. Pennsylvania
has responsibility for permitting treatment, storage, and disposal
facilities (TSDFs) within its borders and for carrying out the aspects
of the RCRA program described in its 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 HSWA requirements and
prohibitions for which Pennsylvania has not been authorized, including
issuing HSWA permits, until the State is granted authorization to do
so.
C. What Is the Effect of Today's Authorization Decision?
This decision serves to authorize revisions to Pennsylvania's
authorized hazardous waste program. This action does not impose
additional requirements on the regulated community because the
regulations for which Pennsylvania is being authorized by today's
action are already effective and are not changed by today's action.
Pennsylvania has enforcement responsibilities under its state hazardous
waste program for violations of its program, but EPA retains its
authority under RCRA sections 3007, 3008, 3013, and 7003, which
include, among others, authority to:
[sbull] Perform 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 Pennsylvania
has taken its own actions.
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 Pennsylvania's program changes. If EPA receives comments
which oppose this authorization, or portions thereof, that document
will serve as a proposal to authorize the changes to Pennsylvania's
program that were the subject of adverse comment.
E. What Happens if EPA Receives Comments That Oppose This Action?
If EPA receives comments that oppose this authorization, or
portions thereof, we will withdraw this rule, or portions thereof, by
publishing a document in the Federal Register before the rule would
become effective. EPA will base any further decision on the
authorization of Pennsylvania's program changes on the proposal
mentioned in the previous section. 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 the authorization of a
particular change to the State's 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 Pennsylvania Previously Been Authorized for?
Initially, Pennsylvania received final authorization to implement
its hazardous waste management program effective May 29, 1986 (51 FR
17739). EPA granted authorization for changes to Pennsylvania's
regulatory program on May 10, 2000, effective July 10, 2000 (65 FR
29973).
G. What Changes Are We Authorizing With Today's Action?
On September 25, 2003, Pennsylvania submitted a program revision
application in accordance with 40 CFR 271.21, seeking authorization of
provisions of its hazardous waste program corresponding to changes made
to the Federal hazardous waste regulations between July 7, 1999, and
June 28, 2001. The Commonwealth's provisions for which it is seeking
authorization are identical to the corresponding Federal provisions
because the Commonwealth has incorporated the Federal provisions by
reference. The EPA has reviewed Pennsylvania's application, and now
makes an immediate final decision, subject to receipt of adverse
written comment, that Pennsylvania's hazardous waste program satisfies
all of the requirements necessary to qualify for final authorization.
Consequently, EPA intends to grant Pennsylvania final authorization for
the program modifications contained in the program revision
application.
Pennsylvania's program revision application includes regulatory
changes to the Commonwealth's authorized hazardous waste program,
including the adoption of the Federal hazardous waste regulations
published between July 7, 1999 and June 28, 2001, with certain
exceptions noted in this section. Pennsylvania is today seeking
authority to administer the Federal requirements that are listed in the
following chart. This chart also lists the Commonwealth's analogous
provisions that are being recognized as equivalent to the corresponding
Federal requirements. The regulatory references are to Title 25,
Pennsylvania Code (25 Pa.Code), Chapters 260a through 266a, 266b, 268a,
and 270a, effective May 1, 1999. Pennsylvania's authority to
incorporate subsequent changes to the Federal program is found at 25
Pa. Code, Chapter 260a.3(e).
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Federal Register citation and date Analogous Pennsylvania
promulgated \1\ Federal requirement authority
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64 FR 56,469, 10-20-99, (RCRA Revision 40 CFR, Parts 261.32; 262.34(a)(4); 25 Pa. Code, Chapter 260a.3(e);
Checklist 183). 268.7(a)(3)(iii); 268.40(j); 268.40, Incorporated by reference at
Table; 268.49(c)(1)(A); and 25 Pa. Code, Chapters 261a.1,
268.49(c)(1)(B). 262a.10, and 268a.1.
65 FR 12,378, 3-08-00, (RCRA Revision 40 CFR Parts 262.34(a)(4); 262.34(g), 25 Pa. Code, Chapter 260a.3(e);
Checklist 184). introduction; 262.34(g)(1); Incorporated by reference at
262.34(g)(2); 262.34(g)(3); 25 Pa. Code, Chapter 262a.10.
262.34(g)(4), introduction;
262.34(g)(4)(i), introduction;
262.34(g)(4)(i)(A);
262.34(g)(4)(i)(B);
262.34(g)(4)(i)(C), introduction;
262.34(g)(4)(i)(C)(1)&(2);
262.34(g)(4)(ii); 262.34(g)(4)(iii);
262.34(g)(4)(iv); 262.34(g)(4)(v);
262.34(h); and 262.34(i).
[[Page 2676]]
65 FR 14,472, 3-17-00, (RCRA Revision 40 CFR Parts 261.32, Table; 25 Pa. Code, Chapter 260a.3(e);
Checklist 185). 261.33(f), Table; 261, Appendix VII; Incorporated by reference at
261, Appendix VIII; 268.33; 268.40, 25 Pa. Code, Chapters 261a.1
Table; 268.48(a), Table. and 268a.1.
65 FR 36,365, 6-8-00, (RCRA Revision 40 CFR Parts 261.31(a), Table and 25 Pa. Code, Chapter 260a.3(e);
Checklist 187). 268, Appendix VII. Incorporated by reference at
25 Pa. Code, Chapters 261a.1
and 268a.1.
65 FR 67,068, 11-8-00, (RCRA Revision 40 CFR Parts 261.32; 261, Appendix 25 Pa. Code, Chapter 260a.3(e);
Checklist 189). VII; 261, Appendix VIII; 268.33(a); Incorporated by reference at
268.33(b), introduction; 25 Pa. Code, Chapters 261a.1
268.33(b)(1); 268.33(b)(2); and 268a.1.
268.33(b)(3); 268.33(b)(4);
268.33(b)(5); 268.33(c); 268.33(d),
introduction; 268.33(d)(1);
268.33(d)(2); 268.40, Table; and
268.48(a), Table.
65 FR 81,373, 12-26-00, (RCRA Revision 40 CFR Parts 268.32(a); 268.32(b), 25 Pa. Code, Chapter 260a.3(e);
Checklist 190). introduction; 268.32(b)(1)(i); Incorporated by reference at
268.32(b)(1)(ii); 268.32(b)(2)(i); 25 Pa. Code Chapter 268a.1.
268.32(b)(2)(ii); 268.32(b)(3);
268.32(b)(4); 268.48(a), Table UTS;
268.49(d); and 268, Appendix III.
66 FR 27,2166, 5-16-01, (RCRA Revision 40 CFR Parts 261.3(a)(2)(iii); 25 Pa. Code, Chapter 260a.3(e);
Checklist 192A). 261.3(a)(2)(iv); 261.3(c)(2)(i); Incorporated by reference at
261.3(g)(1); 261.3(g)(2); 25 Pa. Code, Chapter 261a.1.
261.3(g)(2)(i); 261.3(g)(2)(ii);
261.3(g)(3); 261.3(h)(1);
261.3(h)(2); 261.3(h)(2)(i);
261.3(h)(2)(ii); and 261.3(h)(3).
66 FR 27,266, 5-16-01, (RCRA Revision 40 CFR Part 268, Appendix VII, Table 25 Pa. Code, Chapter 260a.3(e);
Checklist 192B). I. Incorporated by reference at
25 Pa. Code, Chapter 268a.1.
66 FR 34,374, 6-28-01, (RCRA Revision 40 CFR Part 260.11(a)(11)............ 25 Pa. Code, Chapter 260a.3(e);
Checklist 193). Incorporated by reference at
25 Pa. Code, Chapter 260a.1.
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\1\ A Revision Checklist is a document that addresses the specific changes made to the Federal regulations by
one or more related final rules published in the Federal Register. EPA develops these checklists as tools to
assist States in developing their authorization applications and in documenting specific State analogs to the
Federal Regulations. For more information see EPA's RCRA State Authorization web page at http://www.epa.gov/epaoswer/hazwaste/state epaoswer/hazwaste/state.
The Commonwealth is not seeking authorization for the following
RCRA revisions that occurred between July 7, 1999 and June 28, 2000,
which contain elements of the Federal used oil regulations. The
Commonwealth's used oil regulations are being revised to resemble more
closely the Federal standards.
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Federal requirement Regulatory explanation
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64 FR 52,828, 9-30-99, as amended at 64 NESHAPS: Final Standards for
FR 63, 209, 11-19-99, (RCRA Revision Hazardous Air Pollutants for
Checklists 182 and 182.1). Hazardous Waste Combustors
(MACT Rule).
65 FR 42,292, 7-10-00, as amended at 66 NESHAPS: Final Standards for
FR 24,270, 5-14-01, and 66 FR 35,087, Hazardous Air Pollutants for
7-3-01, (RCRA Revision Checklist 188). Hazardous Waste Combustors;
Technical Corrections.
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H. Where Are the Revised Commonwealth Rules Different From the Federal
Rules?
There are no differences in the provisions being authorized today.
The Commonwealth's provisions for which it is seeking authorization are
identical to the Federal provisions because the Commonwealth has
incorporated the Federal provisions by reference.
I. Who Handles Permits After This Authorization Takes Effect?
After authorization, Pennsylvania 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 it issued prior to the effective
date of this authorization. Until such time as formal transfer of EPA
permit responsibility to Pennsylvania occurs and EPA terminates its
permit, EPA and Pennsylvania agree to coordinate the administration of
permits in order to maintain consistency. EPA will not issue any
additional new permits or new portions of permits for the provisions
listed in Section G after the effective date of this authorization. EPA
will continue to implement and issue permits for HSWA requirements for
which Pennsylvania is not yet authorized.
J. How Does Today's Action Affect Indian Country (18 U.S.C. 115) in
Pennsylvania?
Pennsylvania is not seeking authorization to operate the program on
Indian lands, since there are no Federally-recognized Indian Lands in
Pennsylvania.
K. What Is Codification and Is EPA Codifying Pennsylvania'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. EPA does this by
referencing the authorized State rules in 40 CFR part 272. EPA reserves
the amendment of 40 CFR part 272, subpart NN, for this authorization of
Pennsylvania's program changes until a later date.
L. Statutory and Executive Order Reviews
This rule only authorizes hazardous waste requirements pursuant to
RCRA 3006 and imposes no requirements other than those imposed by State
law (see SUPPLEMENTARY INFORMATION: Section A. Why Are Revisions to
State Programs Necessary?). Therefore, this rule complies with
applicable executive orders and statutory provisions as follows.
1. Executive Order 12866: Regulatory Planning Review--The Office of
Management and Budget has exempted
[[Page 2677]]
this rule from its review under Executive Order (EO) 12866.
2. Paperwork Reduction Act--This rule does not impose an
information collection burden under the Paperwork Reduction Act.
3. Regulatory Flexibility Act--After considering the economic
impacts of today's rule on small entities under the Regulatory
Flexibility Act, I certify that this rule will not have a significant
economic impact on a substantial number of small entities.
4. Unfunded Mandates Reform Act--Because this rule approves 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.
5. Executive Order 13132: Federalism--EO 12132 does not apply to
this rule because it will not have federalism implications (i.e.,
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).
6. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments--EO 13175 does not apply to this rule because it
will not have tribal implications (i.e., substantial direct effects on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes).
7. Executive Order 13045: Protection of Children From Environmental
Health & Safety Risks--This rule is not subject to EO 13045 because it
is not economically significant and it is not based on health or safety
risks.
8. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use--This rule is not subject to EO 13211
because it is not a significant regulatory action as defined in EO
12866.
9. National Technology Transfer Advancement Act--EPA approves State
programs as long as they meet criteria required by RCRA, so it would be
inconsistent with applicable law for EPA, in its review of a State
program, to require the use of any particular voluntary consensus
standard in place of another standard that meets the requirements of
RCRA. Thus, Section 12(d) of the National Technology Transfer and
Advancement Act does not apply to this rule.
10. Congressional Review Act--EPA will submit a report containing
this rule and other information required by the Congressional Review
Act (5 U.S.C. 801 et seq.) 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 on March 22, 2004.
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: December 4, 2003.
James W. Newsom,
Acting Regional Administrator, EPA Region III.
[FR Doc. 04-1042 Filed 1-16-04; 8:45 am]
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