[Federal Register Volume 73, Number 64 (Wednesday, April 2, 2008)]
[Rules and Regulations]
[Pages 17924-17926]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-6813]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[EPA-R04-RCRA-2007-0992; FRL-8550-3]
Alabama: Final Authorization of State Hazardous Waste Management
Program Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Immediate Final Rule.
-----------------------------------------------------------------------
SUMMARY: Alabama has applied to EPA for Final authorization of the
changes to its hazardous waste program under the Resource Conservation
and Recovery Act (RCRA). EPA proposes to grant final authorization to
Alabama. In the ``Rules and Regulations'' section of this Federal
Register, EPA is authorizing the changes by an 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 the immediate final rule. Unless we get written
comments which oppose this authorization during the comment period, the
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 the immediate final
rule and it will not take effect. We will respond to public comments in
a later final rule based on this proposal. You may not have another
opportunity for comment.
DATES: Final authorization will become effective on June 2, 2008 unless
EPA receives adverse written comment on or before May 2, 2008. 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-
RCRA-2007-0992 by one of the following methods:
http://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, Permits and
State Programs Section, RCRA Programs and Materials Management Branch,
RCRA Division, U.S. Environmental Protection Agency, The Sam Nunn
Federal Center, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960.
Hand Delivery: Otis Johnson, Permits and State Programs
Section, RCRA Programs and Materials Management Branch, RCRA Division,
U.S. Environmental Protection Agency, The Sam Nunn Federal Center, 61
Forsyth Street, SW., Atlanta, Georgia 30303-8960. Such deliveries are
only accepted during the Docket's normal hours of operation, and
special arrangements should be made for deliveries of boxed
information.
Instructions: Direct your comments to Docket ID No. EPA-R04-RCRA-
2007-0992. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through http://www.regulations.gov or e-
mail. The http://www.regulations.gov website is an ``anonymous access''
system, which means 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 EPA without going through http://www.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, 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 EPA cannot read your comment due to technical difficulties
and cannot contact you for clarification, 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. (For additional information about EPA's public docket, visit
the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm).
Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy. You may view and copy
Alabama's application from 8 a.m. to 4:30 p.m. at the EPA Region 4,
RCRA Division, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960.
You may also view and copy Alabama's application from 8 a.m. to
4:30 p.m. at The Alabama Department of Environmental Management, 1400
Coliseum Blvd, Montgomery, Alabama 36110-2059.
FOR FURTHER INFORMATION CONTACT: Otis Johnson, Permits and State
Programs Section, RCRA Programs and Materials Management Branch, RCRA
Division, U.S. Environmental Protection Agency, The Sam Nunn Federal
Center, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960; (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 Alabama's application to revise its authorized
program meets all of the statutory and regulatory requirements
established by RCRA. Therefore, we grant Alabama Final authorization to
operate its hazardous waste program with the changes described in the
authorization application. Alabama has responsibility for permitting
Treatment, Storage, and Disposal Facilities (TSDF) within its borders
and for carrying out the aspects of the RCRA program described in its
revised program application, subject to
[[Page 17925]]
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 Alabama, 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 Alabama 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. Alabama 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 Alabama 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 Alabama Previously Been Authorized for?
Alabama initially received Final authorization on December 8, 1987,
effective December 22, 1987 (52 FR 46466), to implement the RCRA
hazardous waste management program. We granted authorization for
changes to their program on November 29, 1991, effective January 28,
1992 (56 FR 60926), May 13, 1992, effective July 12, 1992 (57 FR
20422), October 21, 1992, effective December 21, 1992 (57 FR 47996),
March 17, 1993, effective May 17, 1993 (58 FR 20422), September 24,
1993, effective November 23, 1993 (58 FR 49932), February 1, 1994,
effective April 4, 1994 (59 FR 4594), November 14, 1994, effective
January 13, 1995 (59 FR 56407), August 14, 1995, effective October 13,
1995 (60 FR 41818), February 14, 1996, effective April 15, 1996 (61 FR
5718), April 25, 1996, effective June 24, 1996 (61 FR 5718), November
21, 1997, effective February 10, 1998 (62 FR 62262), December 20, 2000,
effective February 20, 2001 (65 FR 79769), March 15, 2005, effective
May 16, 2005 (FR 70 12593), June 2, 2005, effective August 1, 2005 (70
FR 32247), and September 13, 2006, effective November 13, 2006 (71 FR
53989).
G. What Changes Are We Authorizing With This Action?
On July 20, 2007, Alabama submitted a final complete program
revision application, seeking authorization of their changes in
accordance with 40 CFR 271.21. Alabama's revision consists of
provisions promulgated July 1, 2004, through June 30, 2005, otherwise
known as RCRA Cluster XV. The Alabama Department of Environmental
Management adopted the rules for RCRA Cluster XV effective April 4,
2006. We can now make an immediate final decision, subject to receipt
of written comments that oppose this action, that Alabama's hazardous
waste program revision satisfies all of the requirements necessary to
qualify for Final authorization. Therefore, we grant Alabama Final
authorization for the following program changes:
------------------------------------------------------------------------
Description of federal Analogous state
requirement Federal Register authority
------------------------------------------------------------------------
Checklist 205, Hazardous Waste April 26, 2004 69 335-14-5-.28(1), 335-
Management System; National FR 22602-22661. 14-6-.28(1).
Emission Standards for
Hazardous Air Pollutants:
Surface Coating of
Automobiles and Light-Duty
Trucks.
Checklist 206, Hazardous February 24, 2005 335-14-2-.01(4)(b)15,
Waste--Non-wastewaters from 70 FR 9138-9180. 335-14-2-.04(3), 335-
Production of Dyes, Pigments, 14-2 Appendix VII,
and Food, Drug and Cosmetic VIII, 335-14-9-
Colorants; Mass Loadings- .03(1), 335-14-9-
Based Listing. .04(1).
------------------------------------------------------------------------
The Alabama Department of Environmental Management's Administrative
Code, Division 335-14 Hazardous Waste Program Regulations were
effective March 31, 2005.
H. Where Are the Revised Rules?
There are no State requirements in this program revision considered
to be more stringent or broader in scope than the Federal requirements.
I. Who Handles Permits After the Authorization Takes Effect?
Alabama 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
[[Page 17926]]
implement and issue permits for HSWA requirements for which Alabama is
not yet authorized.
J. What Is Codification and Is EPA Codifying Alabama'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 B, for this authorization of Alabama's
program changes until a later date.
K. Administrative Requirements
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 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 State, 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 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 June 2, 2008.
List of Subjects in 40 CFR Part 271
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous waste, Hazardous waste
transportation, Indians--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, and 6974(b).
Dated: January 22, 2008.
J. I. Palmer, Jr.,
Regional Administrator, Region 4.
[FR Doc. E8-6813 Filed 4-1-08; 8:45 am]
BILLING CODE 6560-50-P