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Florida: Final Authorization of State Hazardous Waste Management Program Revision

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

 

[Federal Register: January 2, 2001 (Volume 66, Number 1)]
[Rules and Regulations]
[Page 22-23]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02ja01-8]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-6926-8]


Florida: Final Authorization of State Hazardous Waste Management
Program Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate final rule-response to comments.

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SUMMARY: On September 18, 2000, EPA published an action to grant
Florida final authorization for several changes to its hazardous waste
program under the Resource Conservation and Recovery Act (RCRA) (65 FR
56256). These revisions consisted of the Corrective Action provisions
contained in rules promulgated on July 15, 1985 (HSWA Codification
Rule; HSWA Corrective Action), December 1, 1987 (HSWA Codification
Rule: Corrective Action Beyond the Facility Boundary), February 16,
1993 (Corrective Action Management Units and Temporary Units), and
December 6, 1994, as amended May 19, 1995, September 9, 1995, November
13, 1995, February 9, 1996, June 5, 1996, and November 25, 1996
(Consolidated Organic Air Emission Standards for Tanks, Surface
Impoundments, and Containers). As was indicated in this document, EPA
accepted written comments on this action until October 18, 2000. EPA
received five written comments. Two of the commenters supported EPA's
decision to grant Florida final authorization but offered
recommendations regarding Florida's proposed manner of administration
and implementation of the HSWA corrective action program. One commenter
expressed the concern that the additional responsibilities the State
would assume could negatively impact Florida's implementation of the
RCRA program. EPA explained to this commenter that a Capability
Assessment was performed on the State's program which concluded that
Florida is capable of administering the Corrective Action and subpart
CC programs. Another commenter was concerned that authorizing Florida
for the subpart CC rules would relinquish EPA's oversight authority.
EPA's response to this commenter explained that federal regulations are
in place that give the Agency oversight responsibilities to evaluate
the State's performance in administering the RCRA program. Finally, EPA
received a written letter from a commenter that supported the intended
delegation in principle, but expressed concern that the Final
Authorization application, including the proposed Memorandum of
Agreement, did not incorporate the RCRA Reforms which were announced on
July 8, 1999, and which provide for ``faster, focused, and more
flexible cleanups.'' To this commenter, EPA responded that ``The RCRA
Reforms do not constitute rulemaking for which Florida is obliged to
seek authorization. The purpose of the authorization process is to show
equivalence to federal statutes and regulations to demonstrate the
State's ability to carry out its program responsibilities once it is
authorized.'' Further, the proposed language in the Memorandum of
Agreement states that ``The State will conduct its hazardous waste
program in a manner equivalent to the EPA program policies and
guidance.'' EPA and the State interpret this to include all guidance
published by EPA's Office of Solid Waste including the July 8, 1999,
directive and any other appropriate guidance. EPA has communicated with
Florida reemphasizing the importance of Florida's continued support and
implementation of the corrective action program in a manner consistent
with the RCRA Reforms. Florida acknowledges the importance of the
Reforms and has reaffirmed its commitment to implementation of the
Reforms. EPA has revised the attachment to the proposed Memorandum of
Agreement to include more specific program guidance references which
reflect the Reforms. EPA has determined that the addition of specific
references to the proposed Memorandum of Agreement does not constitute
a substantive change to the authorization document. In view of the fact
that such guidance and policy was cited in a comprehensive way in the
MOA, EPA made a decision to not withdraw the Immediate Final rule that
grants Florida authorization as published in the September 18, 2000,
Federal Register.

DATES: This final authorization became effective on November 17, 2000.

FOR FURTHER INFORMATION CONTACT: Narindar M. Kumar, Chief, RCRA
Programs Branch, Waste Management Division, U.S. Environmental
Protection Agency, Atlanta Federal Center, 61 Forsyth Street, SW,
Atlanta, GA 30303-8960; (404) 562-8440.

SUPPLEMENTARY INFORMATION: EPA, through this final action, retains its
decision to authorize revisions to Florida's Hazardous Waste Management
Program as published on September 18, 2000 (65 FR 56256).

[[Page 23]]

    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 1, 2000.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 00-33427 Filed 12-29-00; 8:45 am]
BILLING CODE 6560-50-P

 
 

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