[Federal Register Volume 60, Number 69 (Tuesday, April 11, 1995)]
[Rules and Regulations]
[Pages 18356-18358]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8877]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-5189-2]
Arizona: Final Authorization of State Hazardous Waste Management
Program Revisions
AGENCY: Environmental Protection Agency.
ACTION: Immediate final rule.
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SUMMARY: The State of Arizona has applied for final authorization of
revisions to its hazardous waste program under the Resource
Conservation and Recovery Act (RCRA), as amended. The Environmental
Protection Agency (EPA) has completed its review of Arizona's
application and has made a decision, subject to public review and
comment, that Arizona's hazardous waste program revisions satisfy all
of the requirements necessary to qualify for final authorization. Thus,
EPA intends to approve Arizona's hazardous waste program revisions.
Arizona's application for program revision is available for public
review and comment.
DATES: Final authorization for Arizona is effective June 12, 1995,
unless EPA publishes a prior Federal Register action withdrawing this
immediate final rule. All comments on Arizona's program revision
application must be received by the close of business May 11, 1995.
ADDRESSES: Copies of Arizona's program revision application are
available during the business hours of 9:00 a.m. to 5:00 p.m. at the
following addresses for inspection and copying:
Arizona Department of Environmental Quality, Central Office, Office of
Waste Programs, Waste Assessment Section, 3033 N. Central Avenue,
Phoenix, Arizona 85012, Phone: 602/207-4211
Arizona Department of Environmental Quality, Northern Regional Office,
2501 North 4th Street, Suite #14, Flagstaff, Arizona 86004, Phone: 602/
779-0313 or 1-800/234-5677
Arizona Department of Environmental Quality, Southern Regional Office,
4040 East 29th Street, Tucson, Arizona 85711, Phone: 602/628-5651 or 1-
800/234-5677
U.S. EPA Region IX Library-Information Center, 75 Hawthorne Street, San
Francisco, California 94105, Phone: 415/744-1510
Written comments should be sent to April Katsura, U.S. EPA Region
IX (H-4), 75 Hawthorne Street, San Francisco, California 94105, Phone:
415/744-2030.
FOR FURTHER INFORMATION CONTACT: April Katsura, U.S. EPA Region IX (H-
4), 75 Hawthorne Street, San Francisco, California 94105, Phone: 415/
744-2030.
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. 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. 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 260-266, 268, 124 and 270.
B. Arizona
Arizona initially received final authorization for the base program
on November 20, 1985. Arizona received final authorization for
revisions to its program on August 6, 1991, July 13, 1992, November 23,
1992, and October 27, 1993. On February 10, 1995, Arizona submitted an
application for additional revision approvals. Today, Arizona is
seeking approval of its program revisions in accordance with 40 CFR
271.21(b)(3).
EPA has reviewed Arizona's application, and has made an immediate
final decision that Arizona's hazardous waste program revisions satisfy
all of the requirements necessary to qualify for final authorization.
Consequently, EPA intends to approve final authorization for Arizona's
hazardous waste program revisions. The public may submit written
comments on EPA's immediate final decision up until May 11, 1995.
Copies of Arizona's application for program revision are available for
inspection and copying at the locations indicated in the ADDRESSES
section of this notice.
Approval of Arizona's program revisions shall become effective in
60 days 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 the comment which either affirms that the immediate final
decision takes effect or reverses the decision.
Arizona is applying for authorization for the following Federal
hazardous waste requirements:
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Federal requirement State authority
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Permit Modifications for Hazardous Waste Management Arizona Revised Statutes (ARS) 49-922.A + B; Arizona
Facilities (53 FR 37912, September 28, 1988, as Administrative Code (AAC) R18-8-264.A, 265.A, 270.A +
amended October 24, 1988 at 53 FR 41649). C, and 271.A, D(c)(1) + D(c)(3).
[[Page 18357]]
Changes to Interim Status Facilities for Hazardous ARS 49-922.A + B; AAC R18-8-270.A and 271.A, B, N(a),
Waste Management Permits; Procedures for Post-Closure N(b) + Q(a).
Permitting (54 FR 9596, March 7, 1989).
Changes to Part 124 Not Accounted for by Present ARS 49-922.A + B; AAC R18-8-271.A, C(a)(1)-(3), D(a),
Checklists (48 FR 14146, April 1, 1983; 48 FR 30113, D(c)(1), D(c)(3), D(d), E(d)(1)-(4), I(c)(1)(iii),
June 30, 1983; 53 FR 28118, July 26, 1988; 53 FR I(c)(1)(ix) + K(a)(2).
37396, September 26, 1988; 54 FR 246, January 4, 1989).
Criteria for Listing Toxic Wastes; Technical Amendment ARS 49-922.A + B; AAC R18-8-261.A, B + K(a)(3).
(55 FR 18726, May 4, 1990).
Exceptions to the Burning and Blending of Hazardous ARS 49-922.A + B; AAC R18-8-261.A, B + I(a)(3)(vii).
Wastes (RCRA Sec. 3004(q)(2)(A) and Sec. 3004(r) (2)
and (3)).
HSWA Codification Rule 2; Corrective Action for ARS 49-922.A + B; AAC R18-8-270.A + B(2)(b).
Injection Wells (52 FR 45788, December 1, 1987).
Wood Preserving Listing; Technical Correction (56 FR ARS 49-922.A + B; AAC R18-8-261.A + B, 262.A, B + E,
30192, July 1, 1991) including HSWA and non-HSWA 264.A, 265.A and 270.A.
portions.
Burning of Hazardous Waste in Boilers and Industrial ARS 49-922.A + B; AAC R18-8-261.A, B, I(a)(2) +
Furnaces; Corrections and Technical Amendments I (56 I(a)(2)(ii), 265.A, 266.A, B(b)(2) + B(b)(3) and
FR 32688, July 17, 1991) including HSWA and non-HSWA 270.A.
portions.
Land Disposal Restrictions for Electric Arc Furnace ARS 49-922.A + B; AAC R18-8-261.A + B and 268.
Dust (K061) (56 FR 41164, August 19, 1991).
Burning of Hazardous Waste in Boilers and Industrial ARS 49-922.A + B; AAC R18-8-261.A + B, 265.A and 266.A.
Furnaces; Technical Amendments II (56 FR 42504, August
27, 1991) including HSWA and non-HSWA portions.
Exports of Hazardous Waste; Technical Correction (56 FR ARS 49-922.A + B; AAC R18-8-262.A. + B.
43704, September 4, 1991).
Coke Administrative Stay (56 FR 43874, September 5, ARS 49-922.A + B; AAC R18-8-266 A.
1991).
Amendments to Interim Status Standards for Downgradient ARS 49-922.A + B; AAC R18-8-260.C + E 265.A.
Ground-Water Monitoring Well Locations at Hazardous
Waste Facilities (56 FR 66365, December 23, 1991).
Liners and Leak Detection Systems for Hazardous Waste ARS 49-922.A + B; AAC R18-8-260. C + E, 264. A + M,
Land Disposal Units (57 FR 3462, January 29, 1992) 265.A and 270.A.
including HSWA and non-HSWA portions.
Administrative Stay for the Requirement that Existing ARS 49-922.A + B; AAC R18-8-264.A and 265.A
Drip Pads Be Impermeable (57 FR 5859, February 18,
1992) including HSWA and non-HSWA portions.
Second Correction to the Third Third Land Disposal ARS 49-922.A + B; AAC R18-8-264.A and 268.
Restrictions (57 FR 8086, March 6, 1992).
Hazardous Debris Case-by-Case Capacity Variance (57 FR ARS 49-922. A + B; AAC R18-8-268.
20766, May 15, 1992).
Used Oil Filter Exclusion (57 FR 21524, May 20, 1992).. ARS 49-922.A + B; AAC R18-8-261.A + B.
Coke By-Product Exclusion (57 FR 27880, June 22, 1992). ARS 49-922.A + B; AAC R18-8-261.A + B and 266.A.
Lead-Bearing Hazardous Materials Case-by-Case Capacity ARS 49-922.A + B; AAC R18-8-268.
Variance (57 FR 28628, June 26, 1992).
Used Oil Filter Exclusion; Technical Correction (57 FR ARS 49-922.A + B; AAC R18-8-261.A + B.
29220, July 1, 1992)..
Toxicity Characteristics Revision; Technical ARS 49-922.A + B; AAC R18-8-261.A + B and 265.A.
Corrections (57 FR 30657, July 10, 1992).
Land Disposal Restrictions for Newly Listed Wastes and ARS 49-922.A + B; AAC R18-8-260.C + E, 261.A + B,
Hazardous Debris (57 FR 37194, August 18, 1992). 262.A, B + E, 264.A, 265.A, 268 and 270.A + J.
Coke By-Product Listings (57 FR 37284, August 18, 1992) ARS 49-922.A + B; AAC R18-8-261.A + B.
Burning of Hazardous Waste in Boilers and Industrial ARS 49-922.A + B; AAC R18-8-260.C, E + G, 261.A + B,
Furnaces; Technical Amendments III (57 FR 38558, 264.A, 265.A and 266.A.
August 25, 1992) including HSWA and non-HSWA portions.
Standards Applicable to Owners and Operators of ARS 49-922.A + B; AAC R18-8-264.A, K + L and 265.A.
Hazardous Waste Treatment, Storage, and Disposal
Facilities; Liability Coverage (53 FR 33938, September
1, 1988; as amended on July 1, 1991 at 56 FR 30200 and
on September 16, 1992 at 57 FR 42832).
Burning of Hazardous Waste in Boilers and Industrial ARS 49-922.A + B; AAC R18-8-266.A.
Furnaces; Technical Amendments IV (57 FR 44999,
September 30, 1992).
Chlorinated Toluene Production Waste Listing (57 FR ARS 49-922.A + B; AAC R18-8-261.A + B.
47376, October 15, 1992).
Hazardous Soil Case-by-Case Capacity Variance (57 FR ARS 49-922.A + B; AAC R18-8-268.
47772, October 20, 1992).
``Mixture'' and ``Derived-From'' Rules; Response to ARS 49-922.A + B; AAC R18-8-261.A + B.
Court Remand (57 FR 7628, March 3, 1992; as amended on
June 1, 1992 at 57 FR 23062 and on October 30, 1992 at
57 FR 49278).
Toxicity Characteristic Revision (57 FR 23062, June 1, ARS 49-922.A + B; AAC R18-8-261.A + B.
1992).
Liquids in Landfills II (57 FR 54452, November 18, ARS 49-922.A + B; AAC R18-8-260.C + E, 264.A and 265.A.
1992).
Toxicity Characteristic Revision; TCLP (57 FR 55114, ARS 49-922.A + B; AAC R18-8-261.A + B.
November 24, 1992, as amended on February 2, 1993 at
58 FR 6854).
Wood Preserving; Amendments to Listings and Technical ARS 49-922.A + B; AAC R18-8-261.A + B, 254.A and 265.A.
Requirements (57 FR 61492, December 24, 1992)
including HSWA and non-HSWA portions.
[[Page 18358]]
Corrective Action Management Units and Temporary Units; ARS 49-922.A + B; AAC R18-8-260.C + E, 264.A, 265.A,
Corrective Action Provisions Under Subtitle C (58 FR 268 and 270.A + C.
8658, February 16, 1993).
Land Disposal Restrictions; Renewal of the Hazardous ARS 49-922.A + B; AAC R18-8-268.
Waste Debris Case-by-Case Capacity Variance (58 FR
28506, May 14, 1993).
Land Disposal Restrictions for Ignitable and Corrosive ARS 49-922.A + B; AAC R18-8-264.A, 265.A, 268 and
Characteristic Wastes Whose Treatment Standards Were 270.A.
Vacated (58 FR 29860, May 24, 1993).
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Arizona has agreed to review all State hazardous waste permits which
have been issued under State law prior to the effective date of this
authorization. Arizona has agreed to then modify or revoke and reissue
such permits as necessary to require compliance with the amended State
program. The modifications or revocation and reissuance will be
scheduled in the annual State Grant Work Plan.
Arizona is not being authorized to operate any portion of the
hazardous waste program on Indian lands.
C. Decision
I conclude that Arizona's application for program revision meets
all of the statutory and regulatory requirements established by RCRA.
Accordingly, Arizona is granted final authorization to operate its
hazardous waste program as revised.
Arizona is now responsible for permitting treatment, storage, and
disposal facilities within its borders and 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
(Public Law 98-616, November 8, 1984) (``HSWA''). Arizona 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
Arizona'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: April 3, 1995.
John C. Wise,
Acting Regional Administrator.
[FR Doc. 95-8877 Filed 4-10-95; 8:45 am]
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