[Federal Register Volume 77, Number 194 (Friday, October 5, 2012)]
[Rules and Regulations]
[Pages 60919-60921]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-24098]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[EPA-R04-RCRA-2012-0124; FRL-9735-2]
Tennessee: Final Authorization of State Hazardous Waste
Management Program Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Immediate final rule.
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SUMMARY: Tennessee has applied to EPA for final authorization of the
changes to its hazardous waste program under the Resource Conservation
and Recovery Act (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 action.
EPA is publishing this rule to authorize the changes without a prior
proposal because we believe this action is not controversial and do not
expect comments that oppose it. Unless we receive written comments that
oppose this authorization during the comment period, the decision to
authorize Tennessee's changes to its hazardous waste program will take
effect. If we receive comments that oppose this action, we will publish
a document in the Federal Register withdrawing this rule before it
takes effect and a separate document in the proposed rules section of
this Federal Register will serve as a proposal to authorize the
changes.
DATES: This final authorization will become effective on December 4,
2012 unless EPA receives adverse written comment by November 5, 2012.
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-2012-0124 by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov:
Follow the on-line instructions for submitting comments.
Email: [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, Atlanta Federal
Center, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960.
Hand Delivery or Courier. Deliver your comments to Otis
Johnson, Permits and State Programs Section, RCRA Programs and
Materials Management Branch, RCRA Division, U.S. Environmental
Protection Agency, Atlanta Federal Center, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960.
Instructions: We must receive your comments by November 5, 2012.
Please refer to Docket Number EPA-R04-RCRA-2012-0124. Do not submit
information that you consider to be CBI or otherwise protected through
www.regulations.gov or email. The 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 email comment directly to EPA without going through
www.regulations.gov, your email 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.
You may view and copy Tennessee's application and associated
publicly available materials from 8 a.m. to 4 p.m. at the following
locations: EPA, Region 4, RCRA Division, Atlanta Federal Center, 61
Forsyth Street SW., Atlanta, Georgia 30303-8960, telephone number:
(404) 562-8483; and from 8 a.m. to 4:30 p.m. at the Tennessee
Department of Environment and Conservation, Division of Solid Waste
Management, 5th Floor, L & C Tower, 401 Church Street, Nashville,
Tennessee 37243-1535; telephone number: (615) 562-0780. Interested
persons wanting to examine these documents should make an appointment
with the office at least a week in advance.
FOR FURTHER INFORMATION CONTACT: Otis Johnson, Permits and State
Programs Section, RCRA Programs and Materials Management Branch, RCRA
Division, U.S. Environmental Protection Agency, Atlanta Federal Center,
61 Forsyth Street SW., Atlanta, Georgia 30303-8960; telephone number:
(404) 562-8481; fax number: (404) 562-9964; email 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
[[Page 60920]]
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 Tennessee's application to revise its authorized
program meets all of the statutory and regulatory requirements
established by RCRA. Therefore, we grant Tennessee final authorization
to operate its hazardous waste program with the changes described in
the authorization application. Tennessee has responsibility for
permitting treatment, storage, and disposal facilities 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 Tennessee, 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 Tennessee 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. Tennessee 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
includes, among others, authority to:
Do inspections, and require monitoring, tests, analyses or
reports;
Enforce RCRA requirements and suspend or revoke permits;
and
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 Tennessee 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 Tennessee previously been authorized for?
Tennessee initially received final authorization on January 22,
1985, effective February 5, 1985 (50 FR 2820), to implement the RCRA
hazardous waste management program. We granted authorization for
changes to Tennessee's program on the following dates: June 12, 1987,
effective August 11, 1987 (52 FR 22443); June 1, 1992, effective July
31, 1992 (57 FR 23063); May 8, 1995, effective July 7, 1995 (60 FR
22524); August 24, 1995, effective October 23, 1995 (60 FR 43979); May
23, 1996, effective July 22, 1996 (61 FR 25796); January 30, 1998,
effective March 31, 1998 (63 FR 4587); September 15, 1999, effective
November 15, 1999 (64 FR 49998); October 26, 2000, effective December
26, 2000 (65 FR 64161); December 26, 2001, effective February 25, 2002
(66 FR 66342); April 11, 2003, effective June 10, 2003 (68 FR 17748);
March 14, 2005, effective May 13, 2005 (70 FR 12416); and May 11, 2006,
effective July 10, 2006 (71 FR 27405).
G. What changes are we authorizing with this action?
On December 15, 2008, and June 1, 2011, Tennessee submitted final
complete program revision applications, 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 Tennessee's hazardous waste program revisions satisfy all
of the requirements necessary to qualify for final authorization.
Therefore, we grant Tennessee final authorization for the following
program changes:
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Description of Federal requirement Federal Register date and page Analogous State authority \1\
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215--Cathode Ray Tube (CRT) Exclusion.... 71 FR 42928 1200-01-11-.01(2)(a); 1200-01-11-
07/28/06 .02(1)(d)1(xxiv)(I)-(IV); 1200-
01-11-.02(6)(a)-(d).
216--Exclusion of Oil-Bearing Secondary 73 FR 57 1200-01-11-.01(2)(a); 1200-01-11-
Materials Processed in a Gasification 01/02/08 .02(1)(d)1(xii)(I).
System to Produce Synthesis Gas.
217--NESHAP: Final Standards for 73 FR 18970 1200-01-11-.06(15)(a); 1200-01-
Hazardous Waste Combustors (Phase I 04/08/08 11-.06(15)(a)2(i) and
Final Replacement Standards and Phase (iii);1200-01-11-.09(8)(a)2(iii
II) Amendments. )(III).
218--F019 Exemption for Wastewater 73 FR 31756 1200-01-11-.02(4)(b)1; 1200-01-
Treatment Sludges from Auto 06/04/08 11-.02(4)(b)2(iv)(I) and (II).
Manufacturing Zinc Phosphating Processes.
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\1\ The Tennessee provisions are from the Tennessee Hazardous Waste Management Regulations effective September
12, 2009.
[[Page 60921]]
H. Where are the revised State rules different from the Federal rules?
We consider Tennessee Hazardous Waste Management Regulation 1200-
01-11-.02(4)(b)2(iv)(II) to be more stringent than the Federal
counterpart at 40 CFR 261.31(b)(4)(ii) because the State requires
generators to maintain records on site for no less than five (5) years
to prove that exempted sludges meet the conditions of the F019 listing.
The Federal requirement at 40 CFR 261.31(b)(4)(ii) requires generators
to maintain such records for no less than three (3) years. This five-
year document retention requirement is part of the Tennessee authorized
program and is federally enforceable.
EPA cannot delegate or authorize the Federal requirements at 40 CFR
261.39(a)(5), 261.40, and 261.41. Although Tennessee has adopted these
requirements at 1200-01-11-.02(6)(b)1(v), 1200-01-11-.02(6)(c) and
1200-01-11-.02(6)(d), the State correctly notes that EPA will continue
to implement these requirements.
I. Who handles permits after the authorization takes effect?
Tennessee 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. EPA will not issue any more 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 Tennessee
is not authorized.
J. What is codification and is EPA codifying Tennessee'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 RR for this authorization of
Tennessee's program changes until a later date.
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 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 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 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 December 4, 2012, unless objections to this
authorization are received.
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
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: September 12, 2012.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 2012-24098 Filed 10-4-12; 8:45 am]
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