[Federal Register Volume 73, Number 250 (Tuesday, December 30, 2008)]
[Rules and Regulations]
[Pages 79661-79664]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-30978]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[EPA-R07-RCRA-2008-0830; FRL-8758-6]
Nebraska: Final Authorization of State Hazardous Waste Management
Program Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Immediate Final Rule.
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SUMMARY: The Solid Waste Disposal Act, as amended, commonly referred to
as the Resource Conservation and Recovery Act (RCRA), allows the EPA to
authorize States to operate their hazardous waste management programs
in lieu of the Federal program. Nebraska has applied to EPA for final
authorization of the changes to its hazardous waste program under RCRA.
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 rule.
DATES: This final authorization will become effective on March 2, 2009,
unless EPA receives adverse written comment by January 29, 2009. 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-R07-
RCRA-2008-0830, by one of the following methods:
1. www.regulations.gov. Follow the on-line instructions for
submitting comments.
2. E-mail: [email protected].
3. Mail or Hand Delivery: Lisa Haugen, Environmental Protection
Agency, RCRA Enforcement and State Programs Branch, 901 North 5th
Street, Kansas City, Kansas 66101.
Instructions: Direct your comments to Docket ID No. EPA-R07-RCRA-
2008-0830. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
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 through www.regulations.gov or e-
mail information that you consider to be CBI or otherwise protected.
The www.regulations.gov Web site 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 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
[[Page 79662]]
special characters, any form of encryption, and be free of any defects
or viruses.
Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., 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
form. Publicly available docket materials are available either
electronically in www.regulations.gov or in hard copy at the
Environmental Protection Agency, RCRA Enforcement and State Programs
Branch, 901 North 5th Street, Kansas City, Kansas 66101. The Regional
Office's official hours of business are Monday through Friday, 8 to
4:30 excluding Federal holidays. The 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 Haugen, (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 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, a State must
change its program 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, the State must change its program 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 Nebraska's application to revise its authorized
program meets all of the statutory and regulatory requirements
established by RCRA. Therefore, EPA grants 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 (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 they are authorized for the
requirements. Thus, EPA will implement those requirements and
prohibitions in Nebraska, including issuing permits, until Nebraska is
granted authorization to do so.
C. What Is the Effect of This Authorization Decision?
This decision means 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 EPA retains its
authority under RCRA sections 3007, 3008, 3013, and 7003, which
include, among others, authority to: (1) Conduct inspections; require
monitoring, tests, analyses or reports; and, (2) 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 this action are already effective, and are not changed by
this action.
D. Why Wasn't There a Proposed Rule Published Before This Rule?
EPA did not publish a proposal before today's rule because EPA
views this as a routine program change. EPA is providing an opportunity
for public comment now. In addition to this rule, in the proposed rules
section of today's Federal Register EPA is 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, EPA 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. EPA will then address all public
comments in a later final rule. If you want to comment on this
authorization, you must do so at this time.
If EPA receives comments that oppose only the authorization of a
particular change to the State hazardous waste program, EPA 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 Nebraska Previously Been Authorized for?
Nebraska initially received final authorization on January 24,
1985, effective February 7, 1985 (50 FR 3345), to implement the RCRA
hazardous waste management program. EPA granted authorization for
changes to Nebraska's program on October 4, 1985, effective December 3,
1988 (53 FR 38950); June 25, 1996, effective August 26, 1996 (61 FR
32699); April 10, 2003, effective June 9, 2003 (68 FR 17553); and
October 4, 2004, effective December 3, 2004.
G. What Changes Is EPA Authorizing With This Action?
On April 29, 2008, Nebraska submitted a final complete program
revision application, seeking authorization of its changes in
accordance with 40 CFR 271.21. EPA now makes an immediate final
decision, subject to 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, EPA grants Nebraska final authorization for the following
program changes:
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Analogous State
Authority Nebraska
Administrative Code,
December 30, 2008 Nebraska Department
Description of federal and page (and/or of Environmental
requirement (include checklist RCRA statutory Quality, Title 128
number, if relevant) authority) Nebraska Hazardous
Waste Regulations,
effective date--
August 18, 2007
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Permit Modification--Checklist 52 FR 45788-45799 15-012.O1B3.
44D.
Testing and Monitoring 62 FR 32452-32463 1-003; 7-008.03; 21-
Activities Amendment III-- 019; 21-020; 21-026;
Checklist 158. 22-019; 22-020.
[[Page 79663]]
Kraft Mill Steam Stripper 63 FR 18504-18751 2-008.16.
Condensate Exclusion--
Checklist 164.
Hazardous Waste Combustors; 63 FR 33782-33829 2-008.17; 3-018; 12-
Revised Standards--Checklist 003.03G8 15-012.02S;
168. Appendix V.
Petroleum Refining Process 63 FR 42110-42189 2-004.02C3; 2-
Wastes--Checklist 169. 006.03B; 2-006.03E;
2-008.12; 2-008.12A;
2-008.18-19; 3-
013.04/Table 4; 3-
014/Table 5; 7-
002.07; 7-008.01B3;
20-008.01; 20-009.09/
Table 9; Appendix
II.
Petroleum Refining Process 64 FR 6806....... 2-009.13.
Wastes--Leachate Exemption--
Checklist 178.
Test Procedures for the 64 FR 26315-26327 1-003.
Analysis of Oil and Grease
and Non-Polar Material--
Checklist 180.
Hazardous Air Pollutant 64 FR 52828-53077 1-037; 1-122; 3-018;
Standards for Combustors-- 7-008.01C; 7-
Checklist 182. 008.02C; 7-008.03;
12-001.04C; 12-
001.04F; 13-012.04;
21-015; 21-018; 22-
015; Appendix V.
Accumulation Time for Waste 65 FR 12378-12398 10-004.01H; 10-
Water Treatment Sludges-- 004.03; 10-004.04;
Checklist 184. 10-004.05.
Organobromine Production 65 FR 14472-14475 3-014/Table 5; 3-016/
Wastes Vacatur--Checklist 185. Table 7; 20-008.01;
20-009/Table 9; 20-
012/Table 12;
Appendix I, Appendix
II.
Petroleum Refining Process 64 FR 36365-36367 3-013.01/Table 4;
Wastes--Clarification--Checkl Appendix II.
ist 187.
Hazardous Air Pollutant 65 FR 42292-42302 3-018; 15-012.02S1;
Standards; Technical 21-015.
Corrections--Checklist 188.
Mixed Waste Rule--Checklist 66 FR 27218-27266 7-013.
191.
Mixture and Derived-From Rules 66 FR 27266-27297 2-004.02C; 2-006.02-
Revisions--Checklist 192A. 04.
Change of Official EPA Mailing 66 FR 34374-34376 1-003.
List--Checklist 193.
Mixture and Derived-From Rules 66 FR 50332-50334 2-004.02C; 2-007.03C.
Revision II--Checklist 194.
Inorganic Chemical 66 FR 58258-58300 2-009.13; 3-014/Table
Manufacturing Wastes 5; 20-008.01; 20-
Identification and Listing-- Table 9; Appendix
Checklist 195. II.
Hazardous Air Pollutant 67 FR 6792-6818.. 7-008.01C; 12-
Standards for Combustors: 001.04C; 12-001.04F;
Interim Standards--Checklist 12-00513-012.04; 21-
197. 015; 22-015.
Hazardous Air Pollutant 67 FR 6968-6996.. 7-008.01A; 7-008.01C;
Standards for Combustors-- 15-012.02S1.
Corrections--Checklist 198.
Zinc Fertilizer Rule-- 67 FR 48393-48415 2-008.20; 2-008.21; 2-
Checklist 200. 008.21; 7-007.01B; 7-
007.01D; 20-009.08.
Hazardous Air Pollutant 67 FR 77687-77692 12-001.04C;12-001.04F
Standards for Combustors-- ; 13-012.04.
Corrections 2--Checklist 202.
Methods Innovation Rule and SW- 70 FR 34538-34592 1-003; 3-006.013-
846 Final Update IIIB-- 007.01A-B; 3-017; 3-
Checklist 208. 018; 6-003.03A1; 7-
008.01C; 7-008.03;
12-001.04C; 12-
001.04F; 13-012.04;
20-009.02; 20-009/
Table9, Footnote 7;
20-012; 20-020; 21-
010; 21-014; 21-019;
21-020; 21-026; 22-
010; 22-014; 22-019;
22-021.
Cathode Ray Tubes Rule-- 71 FR 42928-42949 1-015; 1-029; 1-030;
Checklist 215. 1-031; 2-008.22A-D;
3-018; 3-019.01E; 3-
020; 3-021.
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H. Where Are the Revised State Rules Different From the Federal Rules?
Nebraska has chosen not to adopt the following Federal requirements
related to the Methods Innovation Rule and SW-846 Final Update IIIB: 40
CFR Part 260.21(d); 40 CFR Part 261.3(a)(2)(v); 40 CFR Part
279.10(b)(1)(ii); 279.44(c); 279.53(c); and, 279.63(c). These
requirements were promulgated under non-HSWA authority and are
considered equivalent to or less stringent than the previous Federal
regulations. Therefore, States are not required to adopt and seek
authorization for these requirements, and EPA can not 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. EPA will continue
to administer any RCRA hazardous waste permits or portions of permits
which EPA issued prior to the effective date of this authorization. EPA
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 Nebraska is not yet authorized.
J. What Is Codification and Is 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 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 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
[[Page 79664]]
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, ``Consultation and Coordination With Indian Tribal Governments''
(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, ``Federalism'' (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, ``Protection
of Children From Environmental Health Risks and Safety Risks'' (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, ``Civil Justice Reform'' (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, ``Government
Actions and Interference with Constitutionally Protected Property
Rights'' (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 March 2, 2009.
List of Subjects in 40 CFR Part 271
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous waste, Hazardous waste
transportation, Incorporation by reference, 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 19, 2008.
John B. Askew,
Regional Administrator, Region 7.
[FR Doc. E8-30978 Filed 12-29-08; 8:45 am]
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