[Federal Register Volume 60, Number 144 (Thursday, July 27, 1995)]
[Rules and Regulations]
[Pages 38502-38504]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-18373]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-5264-8]
Ohio: Authorization of State Hazardous Waste Management Program
AGENCY: Environmental Protection Agency.
ACTION: Immediate final rule.
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SUMMARY: Ohio submitted an application seeking final authorization of
revisions to its hazardous waste program under the Resource
Conservation and Recovery Act of 1976, as amended (RCRA). The
application included a program description, a statement by the Ohio
Attorney General, a memorandum of agreement, and the revisions to
Ohio's Administrative Code. The Environmental Protection Agency (EPA)
has reviewed Ohio'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 Ohio
to operate its expanded program, subject to authority retained by EPA
under the Hazardous and Solid Waste Amendments of 1984 (hereinafter
HSWA).
EFFECTIVE DATE: Final authorization for Ohio shall be effective on
September 25, 1995 unless EPA publishes a prior Federal Register (FR)
action withdrawing this immediate final rule. All comments on Ohio's
final authorization must be received by 4:30 p.m. central time on
August 26, 1995. If an adverse comment is received, EPA will publish
either (1) a withdrawal of this immediate final rule or (2) a document
containing a response to the comment which either affirms that the
immediate final decision takes effect or reverses the decision.
ADDRESSES: Copies of Ohio's final Authorization Revision Application
are available for inspection and copying from 9 a.m. to 4 p.m., at the
following addresses: Ms. Kit Arthur, Ohio Environmental Protection
Agency, 1800 WaterMark Drive, Columbus, Ohio 43266, Phone 614/644-2956;
Mr. Timothy O'Malley, U.S. EPA Region 5, Office of RCRA, 77 W. Jackson,
Seventh Floor, Chicago, Illinois 60604, Phone 312/886-6085. Written
comments should be sent to Mr. Timothy O'Malley, U.S. EPA Region 5,
Office of RCRA, 77 W. Jackson (HRM-7J), Chicago, Illinois, 60604, Phone
312/886-6085.
FOR FURTHER INFORMATION CONTACT: Mr. Timothy O'Malley, Ohio Regulatory
Specialist, U.S. EPA Region 5, HRM-7J, 77 West Jackson Blvd., Chicago,
Illinois, 60604, (312) 886-6085.
SUPPLEMENTARY INFORMATION:
A. Background
States with final authorization under section 3006(b) of RCRA, 42
U.S.C. Sec. 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. Ohio
Ohio initially received final authorization for its program
effective June 30, 1989 (54 FR 27170). Subsequently, Ohio received
authorization for revisions to its program, which became effective on
June 7, 1991 (56 FR 14203) and August 19, 1991 (56 FR 28008). On June
21, 1994, Ohio submitted a program revision application for additional
program approvals. Today, Ohio is seeking approval of its program
revision in accordance with 40 CFR 271.21(b)(3).
EPA has reviewed Ohio's application, and has made an immediate
final decision that Ohio'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 Ohio. The public may submit written
comments on EPA's immediate final decision up until August 26, 1995.
Copies of Ohio's application for program revision are available for
inspection and copying at the locations indicated in the Addresses
section of this notice.
Approval of Ohio'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 September 25, 1995, Ohio 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:
[[Page 38503]]
------------------------------------------------------------------------
Federal requirement Analogous state authority
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*Reportable Quantity Ohio Administrative Code (OAC) 3745-51-32;
Adjustment Methyl Appendix II to 3745-51-20; and Appendix to
Bromide Production 3745-51-30; effective February 11, 1992.
Wastes, October 6, 1989,
(54 FR 41402).
*Reportable Quantity OAC 3745-51-31; Appendix to 3745-51-11;
Adjustment, December 11, Appendix to 3745-51-30; effective February
1989, (54 FR 50968). 11, 1992.
*Listing of 1,1- OAC 3745-51-32, Appendix II to 3745-51-20;
Dimethylhydrazine Appendix to 3745-51-30; effective February
Production Wastes, May 11, 1992.
2, 1990, (55 FR 18496).
*Land Disposal OAC 3745-51-20(B); 3745-51-21(B); 3745-51-
Restrictions for Third 22(B); 3745-51-23(B); Appendix to 3745-51-
Third Scheduled Wastes, 30; 3745-51-31; 3745-51-33(C); 3745-52-
June 1, 1990, (55 FR 11(C); 3745-52-34(A)(4); 3745-54-13(A)(2)
22520). Comment; 3745-56-29; 3745-56-56; 3745-56-81;
3745-57-12(A) and (B); 3745-65-13(A)(2)
Comment; 3745-67-29; 3745-67-56; 3745-67-81;
3745-68-12(A) and (B); 3745-59-
01(C),(C)(3),(C)(3)(a), and (C)(3)(b); 3745-
59-02(A)(1),(A)(2),(A)(3),(A)(3)(a)-(h),
(A)(4),(A)(5),(A)(6),(A)(7),(A)(7)(a)-(c);
3745-59-03(A) and (B); 3745-59-09; 3745-59-
35; 3745-59-40(A) and (C); 3745-59-41; 3745-
59-42; 3745-59-43; 3745-65-01(E); effective
February 11, 1992. OAC Rule 3745-51-24 (B);
effective March 31, 1992. OAC Rule 3745-59-
07; 3745-59-07
(A)(1)(b),(A)(2)(a)(ii),(A)(3)(b), (A)(7)-
(9), (B)(4)(b),(B)(5)(a),(B)(5)(C),
(B)(7),(C); effective September 7, 1992.
*Identification and OAC 3745-51-05(E) and (F)(2); effective
Listing of Hazardous February 11, 1992.
Waste; Technical
Correction, July 19,
1988, (53 FR 27162).
Mining Waste Exclusion I, OAC 3745-51-03(A)(2)(a) and (A)(2)(c); OAC
September 1, 1989, (54 3745-51-04(B)(7),(B)(7)(a), (B)(7)(a)(i)-
FR 36592). (xxiv),(B)(7)(b), (B)(7)(b)(i)-(xx);
effective February 11, 1992.
Mining Waste Exclusion OAC 3745-50-10(A)(20); 3745-51-04(B)(7),
II, January 23, 1990, (B)(7)(a)(i)-(xxiv), (B)(7)(b), (B)(7)(b)(i)-
(55 FR 2322). (xx); effective February 11, 1992. OAC 3745-
52-23(E); effective March 31, 1992.
Testing and Monitoring OAC 3745-50-11(A)(4); and Appendix II to 3745-
Activities, September 51-20; effective February 11, 1992.
29, 1989, (54 FR 40260).
Testing and Monitoring OAC 3745-50-11(A)(5); Appendix II to 3745-51-
Activities; Technical 20; effective February 11, 1992.
Correction, March 9,
1990, (55 FR 8948).
*Toxicity Characteristic OAC 3745-51-08; 3745-67-21(D)(1); 3745-67-73
Revisions, March 29, (A); 3745-51-04(B)(6)(a), (B)(9),(B)(10);
1990, (55 FR 11798) and 3745-51-30(C); 3745-57-03(E)(1); effective
June 29, 1990, (55 FR February 11, 1992. OAC 3745-51-24(A) and
26986). (B); Appendix to 3745-51-24; effective March
31, 1992. OAC 3745-59-07; effective
September 7, 1992.
*Exception Reporting for OAC 3745-52-42(A)(1),(A)(2), and (B); 3745-52-
Small Quantity 44; effective February 11, 1992.
Generators of Hazardous
Waste, September 23,
1987, (52 FR 35894).
*Corrective Action for OAC 3745-50-46(B); effective February 11,
Injection Wells, 1992.
December 1, 1987, (52 FR
45788).
Delay of Closure Period OAC 3745-54-13(A)(1), (A)(3)(a), and (B)(1);
for Hazardous Waste 3745-55-12(D)(2)(a) and (D)(2)(b); 3745-55-
Management Facilities, 13
August 14, 1989, (54 FR (A),(A)(1)(b)(i),(B),(B)(1)(b)(i),(C),(C)(1)
33376). , (C)(2),(D),(D)(1),(D)(1)(a)-
(e),(D)(2),(D)(3),
(D)(4),(E),(E)(1),(E)(1)(a)-(b), (E)(2)-(4),
(E)(4)(a)-(c),(E)(5),(E)(6),(E)(7),
(E)(7)(a)-(d); 3745-55-42(A)(3) and (A)(4);
3745-65-13(A)(1),(A)(3)(a) and (B)(1); 3745-
66-12(D)(2)(a) and (D)(2)(b); 3745-66-
13(A),(A)(1)(b)(i),(B),(B)(1)(b)(i),
(C),(C)(1),(C)(2),(D),(D)(1),(D)(1)(a)-(e),
(D)(2),(D)(3),(D)(4),(E),(E)(1),(E)(1)(a)-(b
), (E)(2),(E)(3),(E)(4),(E)(4)(a)-
(c),(E)(5), (E)(6),(E)(7),(E)(7)(a)-(d);
3745-66-42(A)(3) and (A)(4); effective
February 11, 1992.
*HSWA Codification Rule OAC 3745-50-40(L); effective March 31, 1992.
2--Permit Conditions to
Protect Human Health and
the Environment,
December 1, 1987, (52 FR
45788).
*Land Disposal OAC 3745-58-30(B); 3745-59-01(C),(E),(E)(1),
Restrictions; Correction (E)(2), and (E)(3); 3745-59-32(F); 3745-59-
to the First Third 33(A),(F) and (G); 3745-59-50(D), effective
Scheduled Wastes, February 11, 1992. OAC 3745-59-07(A)(3) and
September 6, 1989, (55 (B)(7); effective September 7, 1992.
FR 36967) and June 13,
1990, (55 FR 23935).
*Land Disposal OAC 3745-51-03(D)(1); 3745-51-20(B); 3745-52-
Restrictions for Third 10 Comment 2; 3745-52-11(C); 3745-52-
Third Scheduled Wastes; 34(D)(4); 3745-59-
Technical Amendment, 02(A)(5),(A)(7)(a),(A)(7)(b),(A)(3),
January 31, 1991, (56 FR (A)(3)(a)-(h); 3745-59-09(A) and (D)(1)(b);
3864). 3745-59-33 (B); 3745-59-35(A),(C),(D), and
(E); 3745-59-40(A); Appendix to 3745-59-40;
3745-59-41(A); 3745-59-42(A),(A)(2) and
(A)(3); Appendices I and II to 3745-59-42;
3745-59-43 (A),(C),(C)(1),(C)(2) and (C)(3);
3745-51-31(A); effective February 11, 1992.
OAC 3745-59-07(A),(A)(1)(b),(A)(2)(a)(ii),
(A)(3)(b),(A)(6) and (A)(7),(A)(8),(A)(9),
(A)(10) and (B)(4)(b); effective September
7, 1992.
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* 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 June 30, 1989, June 7, 1991, and August 19, 1991, the
effective dates of Ohio's final authorization for the RCRA base
program, and for subsequent program revisions.
Ohio 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 Ohio'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
[[Page 38504]]
Ohio final authorization to operate its hazardous waste program as
revised. Ohio 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. Ohio 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
Ohio 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
Ohio'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, and 6974(b).
Dated: July 17, 1995.
David A. Ullrich,
Acting Regional Administrator.
[FR Doc. 95-18373 Filed 7-26-95; 8:45 am]
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