[Federal Register Volume 72, Number 154 (Friday, August 10, 2007)]
[Rules and Regulations]
[Pages 44973-44976]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-15670]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[EPA-R04-RCRA-2007-0016; FRL-8451-8]
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 is granting Final authorization to
Florida. EPA is authorizing the changes by this immediate final rule.
EPA did not make a proposal prior to the immediate final rule because
we believe this action is not controversial and do not expect comments
that oppose it. We have explained the reasons for this authorization in
the preamble of this immediate final rule. Unless we get written
comments which oppose this authorization during the comment period,
this immediate final rule will become effective on the date it
establishes, and we will not take further action on this proposal. If
we receive comments that oppose this action, we will withdraw this
immediate final rule and it will not take effect. We will respond to
public comments in a later final rule based on this immediate final
rule. You may not have another opportunity for comment.
DATES: This Final authorization is effective on October 9, 2007 unless
EPA receives adverse written comment on or before September 10, 2007.
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: Submit your comments, identified by Docket ID No. EPA-R04-
[[Page 44974]]
RCRA-2007-0016 by one of the following methods:
http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
E-mail: [email protected].
Fax: (404) 562-9964 (prior to faxing, please notify the
EPA contact listed below).
Mail: Send written comments to Otis Johnson, Permit and
State Programs Section, RCRA Programs/Materials Management Branch, RCRA
Division, U.S. Environmental Protection Agency, The Sam Nunn Federal
Center, 61 Forsyth Street, SW., Atlanta, Georgia 30303.
Hand Delivery: Otis Johnson, Permit and State Programs
Section, RCRA Programs/Materials Management Branch, RCRA Division, U.S.
Environmental Protection Agency, The Sam Nunn Federal Center, 61
Forsyth Street, SW., Atlanta, Georgia 30303.
FOR FURTHER INFORMATION CONTACT: Otis Johnson, Permit and State
Programs Section, RCRA Programs/Materials Management Branch, RCRA
Division, U.S. Environmental Protection Agency, The Sam Nunn Federal
Center, 61 Forsyth Street, SW., Atlanta, Georgia 30303; telephone
number: (404) 562-8481; fax number: (404) 562-9964; e-mail address:
[email protected].
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
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 This 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 This 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. 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 FR 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), August 20, 2002, effective October 21,
2002 (67 FR 53886 and 67 FR 53889), and October 14, 2004, effective
December 13, 2004. The authorized Florida program, through RCRA Cluster
IV, 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 18, 2000 (65
FR 56256).
G. What Changes Are We Authorizing With This Action?
Florida has submitted final complete program revision applications
on seeking authorization of their changes in accordance with 40 CFR
271.21. Florida's revision consists of provisions promulgated July 1,
2000 through June
[[Page 44975]]
30, 2005, otherwise known as RCRA Clusters XI-XV.
Florida Statutes Chapter 403 allows the Florida Department of
Environmental Protection to administer the rules governing hazardous
waste management in the State. We now make an immediate final decision,
subject to receipt of written comments that oppose this action, that
Florida's hazardous waste program revisions satisfy 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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Checklist 188, Hazardous Air July 10, 2000, 65 FR Rules 62-730.030(1),
Pollutants Standards; 42292-42302; May 62-730.180(4),
technical corrections. 14, 2001, 66 FR Florida
24270-24272; July Administrative Code
3, 2001, 66 FR (F.A.C.).
35087-35107.
Checklist 189, Chlorinated November 8, 2000, 65 Rules 62-730.030(1),
Aliphatics Listing and LDRs FR 67068-67133. 62-730.183(1),
for Newly Identified Wastes. F.A.C.
Checklist 191, Mixed Waste May 16, 2001, 66 FR Rule 62-730.181(1),
Rule. 27218-27266. F.A.C.
Checklist 192 A, Mixture and May 16, 2001, 66 FR Rule 62-730.030(1),
Derived-From Rules 27266-27297. F.A.C.
Revisions.
Checklist 192 B, Land May 16, 2001, 66 FR Rule 62-730.183(1),
Disposal Restrictions 27266-27297. F.A.C.
Correction.
Checklist 193, Change of June 28, 2001, 66 FR Rule 62-
Official EPA Mailing 34374-34376. 730.021(1)(a),
Address. F.A.C.
Checklist 194, Mixture and October 3, 2001, 66 Rule 62-730.030(2),
Derived-From Rules Revision FR 50332-50334. F.A.C.
II.
Checklist 195, Inorganic November 20, 2001, Rules 62-730.030(2),
Chemical Manufacturing 66 FR 58258-58300; 62-730.183(2),
Wastes Identification and April 9, 2002, 67 F.A.C.
Listing. FR 17119-17120.
Checklist 196, CAMU January 22, 2002, 67 Rules 62-730.020(1),
Amendments. FR 2962-3029. 62-730.180(4),
F.A.C.
Checklist 197, Hazardous Air February 13, 2002, Rules 62-730.180(4),
Pollutant Standards for 67 FR 6792-6818. 62-730.181(1), 62-
Combustors: Interim 730.220(3), F.A.C.
Standards.
Checklist 198, Hazardous Air February 14, 2002, Rule 62-730.181(1),
Pollutant Standards for 67 FR 6968-6996. F.A.C.
Combustors: Corrections.
Checklist 199, Vacatur of March 13, 2002 67 FR Rule 62-730.030(2),
Mineral Processing Spent 11251-11254. F.A.C.
Materials Being Reclaimed
as Solid Wastes and TCLP
Use with MGP Waste.
Checklist 200, Zinc July 24, 2002, 67 FR Rules 62-730.030(1),
Fertilizer Rule. 48393-48415. 62-730.181(1), 62-
730.183, F.A.C.
Checklist 201, Treatment October 7, 2002, 67 Rule 62-730.183,
Variance for Radioactively FR 62618-62624. F.A.C.
Contaminated Batteries.
Checklist 202, Hazardous Air December 19, 2002, Rule 62-730.220(3),
Pollutant Standards for 67 FR 77687-77692. F.A.C.
Combustors-Corrections 2.
Checklist 203, Recycled Used July 30, 2003, 68 FR Rules 62-730.030(1),
Oil Management Standards: 44659-44665. 62-710.210(2),
Clarification. F.A.C.
Checklist 204, Performance April 22, 2004, 69 Rule 62-730.160(1),
Track. FR 21737-21754 as F.A.C.
amended on October
25, 2004; 69 FR
62217-62224.
Checklist 205, NESHAP: April 26, 2004, 69 Rules 62-730.180(1),
Surface Coating of FR 22601-22661. 62-730.180(2),
Automobiles and Light-Duty F.A.C.
Trucks.
Checklist 206, February 24, 2005, Rules 62-730.030(1),
Nonwastewaters from Dyes 70 FR 9138-9180. 62-730.183, F.A.C.
and Pigments.
Checklist 207, Uniform March 4, 2005, 70 FR Rules 62-730.020(1),
Hazardous Waste Manifest 10776-10825. 62-730.030(1), 62-
Rule. 730.160(1), 62-
730.170(1), 62-
730.180(1), 62-
730.180(2), F.A.C.
Methods Innovation Rule..... June 14, 2005, 70 FR Rules 62-730.021, 62-
34537-34592 as 730.030(1), 62-
amended August 1, 730.180(1), 62-
2005, 70 FR 44150. 730.180(2), 62-
730.181(1), 62-
730.183, 62-
730.220(1), F.A.C.
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H. Where Are the Revised State Rules Different From the Federal Rules?
Florida did not adopt did not adopt the optional amendments in
270.42(j)(l) in Checklist 188 and 198 for permit modifications at the
request of the permittee. Rule 62-730.290(1)(d), F.A.C., states that
the Department may require permit modifications for the causes set
forth in 40 CFR 270.41 and 270.42. Accordingly, Florida did not adopt
the optional amendment in Checklist 198 pertaining to permit
modifications at the request of the permittee.
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
they 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. 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.
[[Page 44976]]
K. 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 (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 1985, 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 9, 2007.
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 13, 2007.
J.I. Palmer, Jr.,
Regional Administrator, Region 4.
[FR Doc. E7-15670 Filed 8-9-07; 8:45 am]
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