[Federal Register Volume 59, Number 150 (Friday, August 5, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-19164] [[Page Unknown]] [Federal Register: August 5, 1994] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 271 [FRL-5027-4] Wisconsin: Authorization of State Hazardous Waste Management Program AGENCY: Environmental Protection Agency (EPA). ACTION: Immediate final rule. ----------------------------------------------------------------------- SUMMARY: Wisconsin has applied for final authorization of revisions to its hazardous waste program under the Resource Conservation and Recovery Act of 1976, as amended (hereinafter RCRA). The Environmental Protection Agency (EPA) has reviewed Wisconsin's application and has reached a decision, subject to public review and comment, that these hazardous waste program revisions satisfy all the requirements necessary to qualify for final authorization. Thus, EPA intends to grant final authorization to Wisconsin to operate its expanded program, subject to authority retained by EPA under the Hazardous and Solid Waste Amendments of 1984 (Pub. L. 98-616, November 8, 1984, hereinafter HSWA). EFFECTIVE DATE: Final authorization for Wisconsin shall be effective on October 4, 1994, unless EPA publishes a prior Federal Register (FR) action withdrawing this immediate final rule. All comments on Wisconsin's final authorization must be received by 4:30 p.m. central time on September 6, 1994. If an adverse comment is received, EPA will publish either (1) a withdrawal of this immediate final rule or (2) a notice containing a response to the comment which either affirms that the immediate final decision takes effect or reverses the decision. ADDRESSES: Copies of Wisconsin's final Authorization Revision Application are available from 9 a.m. to 4 p.m., at the following addresses for inspection and copying: Mr. Al Matano, Wisconsin Department of Natural Resources, 101 S. Webster, Third Floor, Madison, Wisconsin 53707, Phone 608/267-3531; Ms. Margaret Millard, U.S. EPA Region V, Office of RCRA, 77 W. Jackson, Seventh Floor, Chicago, Illinois 60604, Phone 312/353-1440. Written comments should be sent to Ms. Margaret Millard, U.S. EPA Region V, Office of RCRA, 77 W. Jackson (HRM-7J), Chicago, Illinois, 60604, Phone 312/353-1440. FOR FURTHER INFORMATION CONTACT: Margaret Millard, Wisconsin Regulatory Specialist, U.S. EPA Region V, HRM-7J, 77 West Jackson Blvd., Chicago, Illinois, 60604, (312) 353-1440. SUPPLEMENTARY INFORMATION: A. Background States with final authorization under section 3006(b) of RCRA, 42 U.S.C. 6929(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 accordance with 40 CFR 271.21, 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 124, 260-266, 268, and 270. B. Wisconsin Wisconsin initially received final authorization for its program effective January 31, 1986 (51 FR 3783). Subsequently, Wisconsin received authorization for revisions to its program, which became effective on June 6, 1989 (54 FR 22278), January 22, 1990 (54 FR 48243), April 24, 1992 (57 FR 15029), and August 2, 1993 (58 FR 31344). On March 16, 1994, Wisconsin submitted a program revision application for additional program approvals. Today, Wisconsin is seeking approval of its program revision in accordance with 40 CFR 271.21(b)(3). EPA reviewed Wisconsin's application, and has made an immediate final decision that Wisconsin'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 Wisconsin. The public may submit written comments on EPA's immediate final decision up until September 6, 1994. Copies of Wisconsin's application for program revision are available for inspection and copying at the locations indicated in the ``Addresses'' section of this notice. Approval of Wisconsin's program revision shall become effective in 60 days unless an adverse comment pertaining to the State's revision 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. On October 4, 1994, (unless EPA publishes a prior FR action withdrawing this immediate final rule), Wisconsin will be authorized to carry out, in lieu of the Federal program, those provisions of the State's program which are analogous to the following provisions of the Federal program: ------------------------------------------------------------------------ Federal requirement Analogous state authority ------------------------------------------------------------------------ Toxicity Characteristic Wisconsin Administrative Code (WAC) NR Revisions, March 29, 605.05(1)(a)5,9,17; 605.13; 605.08(5)(a),(b); 1990, (55 FR 11798)*. 605.09(1)(b); 605.11; effective September 1, 1992. Land Disposal WAC NR 605.08(1)(b),(2)(b),(3)(b),(4)(b), and Restrictions for Third (5)(b); 605.09(2)(a),(3)(a)3 and (5)(b); 605 Third Scheduled Appendix III; 610.05(3); 615.06(3); Wastes, June 1, 1990, 660.13(8)(c)6; 675.22(4) and (4)(a)-(d); (55 FR 22520)*. 675.22(5); and 680.22(25); 615.05(4)(a)5; 660.13(3); 655.09; 680.22(32); 600.03; 675.03; 600.03(85),(89),(112),(149),(162),(239)(a)-(c) ; 600.03(109)(a)-(h); 675.06(1) and (2); 675.07(1)(c)1.b,(1)(d)1.b and (1)(e)1.b; 675.07(1)(i),(1)(i)1-3; 675.07(1)(j) and (k); 675.07(2)(d)1.b; 675.07(2)(e)1 and 3; 675.07(2)(g); 675.09(1)-(5); 675.16(1)(a)-(e), (2)-(8); 675.20(1) and (3); 675.21(1); 675.22(1) and (1)(b); 675.22(1)(b) Tables 1,2, and 3; 675.22(2)(a); 675.23(1); 675.23(1) Table CCW; 675.23(3),(3)(a)-(c); 675 Appendices III,IV,V,VI, and VII; effective September 1, 1992. ------------------------------------------------------------------------ *Indicates HSWA Requirement. 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 has previously suspended issuance of permits for the other provisions on January 31, 1986, June 6, 1989, January 22, 1990, April 24, 1992, and August 2, 1993, the effective dates of Wisconsin's final authorization for the RCRA base program, and for subsequent program revisions. Wisconsin is not authorized to operate the Federal program on Indian lands. This authority remains with EPA unless provided otherwise in a future statute or regulation. C. Decision I conclude that Wisconsin's program revision meets all of the statutory and regulatory requirements established by RCRA described in its revised program application, subject to the limitations of the HSWA. Accordingly, EPA grants Wisconsin final authorization to operate its hazardous waste program as revised. Wisconsin currently has responsibility for permitting treatment, storage, and disposal facilities within its borders and carrying out other aspects of the RCRA program and its amendments. Wisconsin also has primary enforcement responsibilities, although EPA retains the right to conduct inspections under section 3007 of RCRA, and to take enforcement actions under sections 3008, 3013, and 7003 of RCRA. D. Codification in Part 272 EPA incorporates by reference authorized State programs in Part 272 of 40 CFR to provide notice to the public of the scope of the authorized program in each State. Incorporation by reference of the Wisconsin program will be completed at a later date. 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 4 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 Wisconsin'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. Paperwork Reduction Act Under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., Federal agencies must consider the paperwork burden imposed by any information request contained in a proposed rule or a final rule. This rule will not impose any information requirements upon the regulated community. 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: June 30, 1994. Valdas V. Adamkus, Regional Administrator. [FR Doc. 94-19164 Filed 8-4-94; 8:45 am] BILLING CODE 6560-50-P