Mississippi; Final Authorization of Revisions to State Hazar: Federal Register: EPA
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[Federal Register: June 1, 1995 (Volume 60, Number 105)] [Rules and Regulations]
[Page 28539-28540]
>From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[[Page 28539]]ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-5213-4]
Mississippi; Final Authorization of Revisions to State Hazardous Waste Management Program
AGENCY: Environmental Protection Agency.
ACTION: Immediate final rule.
SUMMARY: Mississippi has applied for final authorization of revisions to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). Mississippi's revisions consist of provisions contained in RCRA Cluster II and other provisions in Miscellaneous Clusters. These requirements are listed in Section B of this notice. The Environmental Protection Agency (EPA) has reviewed Mississippi's applications and has made a decision, subject to public review and comment, that Mississippi's hazardous waste program revisions satisfy all of the requirements necessary to qualify for final authorization. Thus, EPA intends to approve Mississippi's hazardous waste program revisions. Mississippi's applications for program revisions are available for public review and comment.
DATES: Final authorization for Mississippi's program revisions shall be effective July 31, 1995, unless EPA publishes a prior Federal Register action withdrawing this immediate final rule. All comments on Mississippi's program revision applications must be received by the close of business, July 3, 1995.
ADDRESSES: Copies of Mississippi's program revision applications are available during 8 a.m. to 4:30 p.m. at the following addresses for inspection and copying: Mississippi Department of Environmental Quality, 2380 Highway 80 West, P.O. Box 10385, Jackson, Mississippi 39209, (601) 961-5062; U.S. EPA, Region IV, Library, 345 Courtland Street, NE., Atlanta, Georgia 30365; (404) 347-4216. Written comments should be sent to Al Hanke at the address listed below.
FOR FURTHER INFORMATION CONTACT: Al Hanke, Chief, State Programs Section, Waste Programs Branch, Waste Management Division, U.S. Environmental Protection Agency, 345 Courtland Street, NE., Atlanta, Georgia 30365; (404) 347-2234 vmx. 2018.
SUPPLEMENTARY INFORMATION:
A. Background
States with final authorization under Section 3006(b) of the Resource Conservation and Recovery Act (``RCRA'' or ``the Act''), 42 U.S.C. 6926(b), have a continuing obligation to maintain a hazardous waste program that is equivalent to, consistent with, and no less stringent than the Federal hazardous waste program. In addition, as an interim measure, the Hazardous and Solid Waste Amendments of 1984 (Pub. L. 98-616, November 8, 1984, hereinafter ``HSWA'') allows States to revise their programs to become substantially equivalent instead of equivalent to RCRA requirements promulgated under HSWA authority. States exercising the latter option receive ``interim authorization'' for the HSWA requirements under Section 3006(g) of RCRA, 42 U.S.C. 6926(g), and later apply for final authorization for the HSWA requirements. Revisions to State hazardous waste programs are necessary when Federal or State statutory or regulatory authority is modified or when certain other changes occur. Most commonly, State program revisions are necessitated by changes to EPA's regulations in 40 CFR Parts 260-268 and 124 and 270.
B. Mississippi
Mississippi initially received final authorization for its base RCRA program effective on June 27, 1984. Mississippi received authorization for revisions to its program on October 17, 1988, October 9, 1990, May 28, 1991, August 27, 1991, July 10, 1992, June 7, 1993, December 20, 1993, and May 17, 1994.
On July 9, 1993, Mississippi submitted program revision applications for additional program approvals. Today, Mississippi is seeking approval of its program revisions in accordance with 40 CFR 271.21(b)(3).
EPA has reviewed Mississippi's applications and has made an immediate final decision that Mississippi's hazardous waste program revisions satisfy all of the requirements necessary to qualify for final authorization. Consequently, EPA intends to grant final authorization for the additional program modifications to Mississippi. The public may submit written comments on EPA's immediate final decision up until July 3, 1995.
Copies of Mississippi's applications for these program revisions are available for inspection and copying at the locations indicated in the Addresses section of this notice. Approval of Mississippi's program revisions shall become effective July 31, 1995, unless an adverse comment pertaining to the State's revisions discussed in this notice is received by the end of the comment period. If an adverse comment is received EPA will publish either (1) a withdrawal of the immediate final decision or (2) a notice containing a response to comments which either affirms that the immediate final decision takes effect or reverses the decision. EPA shall administer any RCRA hazardous waste permits, or portions of permits that contain conditions based upon the Federal program provisions for which the State is applying for authorization and which were issued by EPA prior to the effective date of this authorization. EPA will suspend issuance of any further permits under the provisions for which the State is being authorized on the effective date of this authorization.
Mississippi is today seeking authority to administer the following Federal requirements promulgated on July 1, 1991-June 30, 1992, for RCRA II and other provisions in miscellaneous clusters.
FRFederal requirement FR reference promulgationdate
Checklist 92--Wood Preserving 56 FR 30192 7/1/91Listing: Technical Corrections.Checklist 95--Land Disposal 56 FR 41164 8/19/91Restrictions for Electric Arc Furnace Dust (K061).Checklist 99--Amendments to Interim 56 FR 66365 12/23/91Status Standards for Downgradient Ground-Water Monitoring Well Locations at Hazardous Waste Facilities.Checklist 100--Liners and Leak 57 FR 3462 1/29/92Detection System for Hazardous Waste Land Disposal Units.Checklist 102--Second Correction to 57 FR 8086 3/6/92the Third Third Land Disposal Restrictions.Checklist 103--Hazardous Debris Case- 57 FR 20766 5/15/92by-Case Capacity Variance.Checklist 104--Used Oil Filter 57 FR 21524 5/20/92Exclusion.Checklist 106--Lead-Bearing 57 FR 28628 6/26/92Hazardous Materials Case-by-Case Capacity Variance.Checklist 7--Warfarin & Zinc 49 FR 19922 5/10/84Phosphide Listing.Checklist 8--Lime Stabilized Pickle 49 FR 23284 6/5/84Liquor Sludge.[[Page 28540]]Checklist 9--Household Waste........ 49 FR 44978 11/13/84 Checklist 48--Farmer Exemption; 53 FR 27164 7/19/88Technical Correction.Checklist 54--Permit Modifications 53 FR 37912 9/28/88for Hazardous Waste Management Facilities.Checklist 59--Hazardous Waste 54 FR 615 1/9/89Miscellaneous Units; Standards Applicable to Owners and Operators.Checklist 60--Amendment to 54 FR 4286 1/30/89Requirements for Hazardous Waste Incinerator Permits.Checklist 82--Wood Preserving 55 FR 50450 2/6/90Listings.
Mississippi's applications for these program revisions meet all of the statutory and regulatory requirements established by RCRA. Accordingly, Mississippi is granted final authorization to operate its hazardous waste program as revised.
Mississippi now has responsibility for permitting treatment, storage, and disposal facilities within its borders and carrying out other aspects of the RCRA program, subject to the limitations of its program revision application and previously approved authorities. Mississippi also has primary enforcement responsibilities, although EPA retains the right to conduct inspections under Section 3007 of RCRA and to take enforcement actions under Section 3008, 3013, and 7003 of RCRA.Compliance With Executive Order 12866
The Office of Management and Budget has exempted this rule from the requirements of Section 6 of Executive Order 12866.
Certification Under the Regulatory Flexibility Act
Pursuant to the provisions of 5 U.S.C. 605(b), I hereby certify that this authorization will not have a significant economic impact on a substantial number of small entities. This authorization effectively suspends the applicability of certain Federal regulations in favor of Mississippi's program, thereby eliminating duplicative requirements for handlers of hazardous waste in the State. It does not impose any new burdens on small entities. This rule, therefore, does not require a regulatory flexibility analysis.
List of Subjects in 40 CFR Part 271
Environmental protection, Administrative practice and procedure, Confidential business information, Hazardous materials transportation, Hazardous waste, Indian lands, Intergovernmental relations, Penalties, Reporting and recordkeeping requirements, Water pollution control, Water supply.
Authority: This notice 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: May 12, 1995.
John H. Hankinson, Jr.,
Regional Administrator.
[FR Doc. 95-13371 Filed 5-31-95; 8:45 am] BILLING CODE 6560-50-P
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