[Federal Register Volume 80, Number 16 (Monday, January 26, 2015)]
[Rules and Regulations]
[Pages 3888-3891]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-01040]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[EPA-R04-RCRA-2014-0710; FRL-9921-90-Region 4]
Georgia: Final Authorization of State Hazardous Waste Management
Program Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: Georgia has applied to the Environmental Protection Agency
(EPA) for final authorization of 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 direct final rule. In the ``Proposed Rules'' section of
today's Federal Register, EPA is also publishing a separate document
that serves as the proposal to authorize these changes. EPA believes
this action is not controversial and does not expect comments that
oppose it. Unless EPA receives written comments that oppose this
authorization during the comment period, the decision to authorize
Georgia's changes to its hazardous waste program will take effect. If
EPA receives comments that oppose this action, EPA will publish a
document in the Federal Register withdrawing today's direct final rule
before it takes effect, and the separate document published in today's
``Proposed Rules'' section of this Federal Register will serve as the
proposal to authorize the changes.
DATES: This final authorization will become effective on March 27, 2015
unless EPA receives adverse written comment by February 25, 2015. If
EPA receives such comment, EPA will publish a timely withdrawal of this
direct 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-2014-0710, by one of the following methods:
Federal eRulemaking Portal: www.regulations.gov. Follow
the on-line instructions for submitting comments.
Email: gleaton.gwen@epa.gov.
Fax: (404) 562-9964 (prior to faxing, please notify the
EPA contact listed below).
Mail: Send written comments to Gwendolyn Gleaton, 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
Gwendolyn Gleaton, 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. Such deliveries are only accepted during
the Regional Office's normal hours of operation, and special
arrangements should be made for deliveries of boxed information.
Instructions: EPA must receive your comments by February 25, 2015.
Direct your comments to Docket ID No. EPA-R04-RCRA-2014-0710. 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 information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. 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 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 publicly 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 www.epa.gov/epahome/dockets.htm).
Docket: All documents in the docket are listed in the
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 www.regulations.gov, or in hard copy.
You may view and copy Georgia's application and associated publicly
available materials from 8:00 a.m. to 4:00 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) 562-8500; and the Georgia Department of Natural Resources,
Environmental Protection Division, 2 Martin Luther King Jr. Drive,
Suite 1154 East Tower, Atlanta, Georgia 30334-4910; telephone number:
(404) 656-2833. Interested persons wanting to examine these documents
should make an appointment with the office at least a week in advance.
FOR FURTHER INFORMATION CONTACT: Gwendolyn Gleaton, 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) 562-8500; fax number: (404) 562-9964; email address:
gleaton.gwen@epa.gov.
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 268, 270, 273, and 279.
New Federal requirements and prohibitions imposed by Federal
[[Page 3889]]
regulations that EPA promulgates pursuant to the Hazardous and Solid
Waste Amendments of 1984 (HSWA) take effect in authorized States at the
same time that they take effect in unauthorized States. Thus, EPA will
implement those requirements and prohibitions in Georgia, including the
issuance of new permits implementing those requirements, until the
State is granted authorization to do so.
B. What decisions has EPA made in this rule?
On September 17, 2012, Georgia submitted a final complete program
revision application, seeking authorization of changes to its hazardous
waste program that correspond to certain Federal rules promulgated
between July 1, 2007 and June 30, 2011 (also known as RCRA Clusters
XVIII through XXI). EPA concludes that Georgia's application to revise
its authorized program meets all of the statutory and regulatory
requirements established by RCRA, as set forth in RCRA section 3006(b),
42 U.S.C. 6926(b), and 40 CFR part 271. Therefore, EPA grants Georgia
final authorization to operate its hazardous waste program with the
changes described in the authorization application, and as outlined
below in Section G of this preamble.
Georgia 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 HSWA, as discussed above.
C. What is the effect of this authorization decision?
The effect of this decision is that the changes described in
Georgia's authorization application will become part of the authorized
State hazardous waste program, and will therefore be federally
enforceable. Georgia will continue to have primary enforcement
authority and responsibility for its State hazardous waste program. EPA
retains its authorities under RCRA sections 3007, 3008, 3013, and 7003,
including its authority to:
Conduct inspections, and require monitoring, tests,
analyses or reports;
Enforce RCRA requirements, including authorized State
program 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 State regulations for which Georgia is
being authorized by today's action are already effective and
enforceable requirements under State law, and are not changed by
today's action.
D. Why wasn't there a proposed rule before today's rule?
Along with this direct final rule, EPA is publishing a separate
document in the ``Proposed Rules'' section of today's Federal Register
that serves as the proposal to authorize these State program changes.
EPA did not publish a proposed rule before today because EPA views this
as a routine program change and does not expect comments that oppose
this approval. EPA is providing an opportunity for public comment now,
as described in Section E of this preamble.
E. What happens if EPA receives comments that oppose this action?
If EPA receives comments that oppose this authorization, EPA will
withdraw today's direct final 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 proposed rule mentioned in the previous section, after considering
all comments received during the comment period, and will address all
such comments in a later final rule. You may not have another
opportunity to comment on these State program changes. 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 today's direct final 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 Georgia previously been authorized for?
Georgia initially received final authorization on August 7, 1984,
effective August 21, 1984 (49 FR 31417), to implement the RCRA
hazardous waste management program. EPA granted authorization for
changes to Georgia's program on the following dates: July 7, 1986,
effective September 18, 1986 (51 FR 24549); July 28, 1988, effective
September 26, 1988 (53 FR 28383); July 24, 1990, effective September
24, 1990 (55 FR 30000); February 12, 1991, effective April 15, 1991 (56
FR 5656); May 11, 1992, effective July 10, 1992 (57 FR 20055); November
25, 1992, effective January 25, 1993 (57 FR 55466); February 26, 1993,
effective April 27, 1993 (58 FR 11539); November 16, 1993, effective
January 18, 1994 (58 FR 60388); April 26, 1994, effective June 27, 1994
(59 FR 21664); May 10, 1995, effective July 10, 1995 (60 FR 24790);
August 30, 1995, effective October 30, 1995 (60 FR 45069); March 7,
1996, effective May 6, 1996 (61 FR 9108); September 18, 1998, effective
November 17, 1998 (63 FR 49852); October 14, 1999, effective December
13, 1999 (64 FR 55629); November 28, 2000, effective March 30, 2001 (66
FR 8090); July 16, 2002, effective September 16, 2002 (67 FR 46600);
November 19, 2002, effective January 21, 2003 (67 FR 69690); July 18,
2003, effective September 16, 2003 (68 FR 42605); January 27, 2005,
effective April 20, 2005 (70 FR 12973); April 25, 2006, effective June
26, 2006 (71 FR 23864); and May 2, 2013, effective July 1, 2013 (78 FR
25579).
G. What changes is EPA authorizing with this action?
On September 17, 2012, Georgia 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 Georgia's hazardous waste program revisions are equivalent
to, consistent with, and no less stringent than the Federal program,
and therefore satisfy all of the requirements necessary to qualify for
final authorization. Therefore, EPA grants Georgia final authorization
for the following program changes:
[[Page 3890]]
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Description of Federal Federal Register Analogous State
requirement date and page authority \1\
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217--NESHAP: Final Standards 73 FR 18970, 04/ 391-3-11-.01(2) and
for Hazardous Waste 08/08. 391-3-11-.10(2)-(3).
Combustors (Phase I Final
Replacement Standards and
Phase II) Amendments.
218--F019 Exemption for 73 FR 31756, 06/ 391-3-11-.01(2) and
Wastewater Treatment Sludges 04/08. 391-3-11-.07(1).
from Auto Manufacturing Zinc
Phosphating Processes.
220--Academic Laboratories 73 FR 72912, 12/ 391-3-11-.01(2); 391-
Generator Standards. 01/08. 3-11-.07(1); and 391-
3-11-.08(1).
222--OECD Requirements; Export 75 FR 1236, 01/08/ 391-3-11-.01(2); 391-
Shipments of Spent Lead-Acid 10. 3-11-.08(1); 391-3-
Batteries. 11-.09; and 391-3-11-
.10(1)-(3).
223--Hazardous Waste Technical 75 FR 12989, 03/1/ 391-3-11-.01(2); 391-
Corrections and 10, 75 FR 31716, 3-11-.02(1);, 391-3-
Clarifications. 06/04/10. 11-.07(1); 391-3-11-
.08(1); 391-3-11-
.09; 391-3-11-.10(1)-
(3); 391-3-11-
.11(5)(f); and 391-3-
11-.16.
225--Removal of Saccharin and 75 FR 48918, 12/ 391-3-11-.01(2); 391-
Its Salts from the List of 17/10. 3-11-.07(1); and 391-
Hazardous Constituents. 3-11-.16.
226--Academic Laboratories 75 FR 79304, 12/ 391-3-11-.01(2) and
Generator Standards Technical 20/10. 391-3-11-.08(1).
Corrections.
227--Revision of the Land 76 FR 34147, 06/ 391-3-11-.01(2) and
Disposal Treatment, Standards 13/11. 391-3-11-.16.
for Carbamate Wastes.
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\1\ The Georgia provisions are from the Georgia Rules for Hazardous
Waste Management, Chapter 391-3-11, effective as of August 7, 2012.
H. Where are the revised State rules different from the Federal rules?
There are no State requirements in the authorized program revisions
listed above that are considered to be more stringent or broader in
scope than the Federal requirements.
The EPA cannot delegate the import and export functions at 40 CFR
part 262, subparts E and H, contained in the OECD Export Rule set forth
in 75 FR 1236 (January 8, 2010). Georgia has adopted these regulations
by reference at Georgia Hazardous Waste Management Rule 391-3-
11-.08(1), and has properly reserved EPA's authority for their
implementation at Rule 391-3-11-.01(2)(a).
I. Who handles permits after the authorization takes effect?
Georgia 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
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
Georgia is not authorized.
J. What is codification and is EPA codifying Georgia'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 is not
codifying the authorization of Georgia's changes at this time. However,
EPA reserves the amendment of 40 CFR part 272, subpart L, for the
authorization of Georgia's program changes at 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 section
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 section 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
[[Page 3891]]
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 27, 2015, 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: January 13, 2015.
Heather McTeer Toney,
Regional Administrator Region 4.
[FR Doc. 2015-01040 Filed 1-23-15; 8:45 am]
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