[Federal Register Volume 61, Number 208 (Friday, October 25, 1996)]
[Rules and Regulations]
[Pages 55223-55225]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-27479]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-5638-9]
Montana: Final Authorization of State Hazardous Waste Management
Program Revision
AGENCY: Environmental Protection Agency.
Action: Immediate final rule.
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SUMMARY: Montana has applied for final authorization of revisions to
its hazardous waste program under the Resource Conservation and
Recovery Act (RCRA). The Environmental Protection Agency (EPA) has
reviewed Montana's application and has made a decision, subject to
public review and comment, that Montana's hazardous waste program
revision satisfies all of the requirements necessary to qualify for
final authorization. Thus, EPA intends to approve Montana's hazardous
waste program revisions. Montana's application for program revision is
available for public review and comment.
DATES: Final authorization for Montana shall be effective December 24,
1996, unless EPA publishes a prior Federal Register action withdrawing
this immediate final rule. All comments on Montana's program revision
[[Page 55224]]
application must be received by the close of business November 25,
1996.
ADDRESSES: Copies of Montana's program revision application are
available during regular business hours at the following addresses for
inspection and copying: Permitting and Compliance Division, Montana
Department of Environmental Quality, 2209 Phoenix Ave., Helena, Montana
59601, Phone: 406/444-1430 and U.S. EPA Region VIII, Montana Office,
301 S. Park, Federal Building, Helena, MT 59626, Phone: 406/441-1130.
Written comments should be sent to: Eric Finke, U.S. Environmental
Protection Agency, 301 S. Park, Drawer 10096, Helena, MT 59626.
FOR FURTHER INFORMATION CONTACT: Eric Finke, Waste and Toxics Team
Leader, U.S. EPA, 301 S. Park, Drawer 10096, Helena, MT 59626, Phone:
(406) 441-1130 x239.
SUPPLEMENTARY INFORMATION:
A. Background
States with final authorization under Section 3006(b) of the
Resource Conservation and Recovery Act (``RCRA'' or the ``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. In addition, as an
interim measure, the Hazardous and Solid Waste Amendments of 1984
(Public Law 98-616, November 8, 1984, hereinafter ``HSWA'') allows
States to revise their programs to become substantially equivalent
instead of equivalent to RCRA requirements promulgated under HSWA
authority. States exercising the latter option receive ``interim
authorization'' for the HSWA requirements under Section 3006(g) of
RCRA, 42 U.S.C. 6926(g), and later apply for final authorization for
the HSWA requirements.
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 260-268,
124, 270, and 279. These regulatory changes are grouped into clusters.
B. Montana
Montana received partial Phase I Interim authorization in February,
1981. Complete Phase I authorization was received in February, 1982.
Final authorization of the ``base program'' was received in July, 1984.
Montana received final authorization of its first update, known as Non-
HSWA clusters I through IV in March 1994. A draft program revision
application was submitted in August 1992 and the final application on
February 27, 1995. Today Montana is seeking approval of its program
revision in accordance with 40 CFR 271.21(b)(3). Specific provisions
which are included in the Montana program authorization revision sought
today are listed in the Table below.
EPA has reviewed Montana's application and has made an immediate
final decision that Montana'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 Montana. The public may submit
written comments on EPA's immediate final decision until November 25,
1996. Copies of Montana's application for program revision are
available for inspection and copying at the locations indicated in the
``Addresses'' section of this notice.
Approval of Montana's program revision shall become effective in 60
days unless a comment opposing the authorization 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. Upon the effective date of this
approval, Montana 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:
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HSWA or FR Reference State Equivalent \1\
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Identification and listing of 75-10-403, 75-10-405, MCA.
Hazardous Waste; Treatability
Studies Sample Exemption, 53 FR
27290, 07/19/88.
Hazardous Waste Management 75-10-405, MCA.
System; Standards for Hazardous
Waste Storage and Treatment Tank
Systems, 53 FR 34079, 09/02/88.
Identification and Listing of 75-10-405, MCA
Hazardous Waste; and
Designation, Reportable
Quantities, and Notification, 53
FR 35412, 09/13/88.
Permit Modifications for 75-10-405, 75-10-406, MCA
Hazardous Waste Management
Facilities, 53 FR 37912, 09/28/
88; and 53 FR 41649, 10/24/88.
Statistical Methods for 75-10-405, MCA.
Evaluation ground Water
Monitoring data from Hazardous
Waste Facilities, 53 FR 39720,
10/11/88.
Identification and Listing of 75-10-405, MCA.
Hazardous Waste; Removal of Iron
Dextran from the List of
Hazardous Wastes, 53 FR 43878,
10/31/88.
Identification and Listing of 75-10-405, MCA.
Hazardous Waste; Removal of
Strontium Sulfide from the List
of Hazardous Wastes, 53 FR
43881, 10/31/88.
Hazardous Waste Miscellaneous 75-10-405, MCA.
Units; Standards Applicable to
Owners and Operators (Technical
Correction), 54 FR 615, 01/09/89.
Amendment to Requirements for 75-10-405, MCA.
Hazardous Waste Incinerator
Permits, 54 FR 4286, 01/30/89.
Changes to Interim Status 75-10-404 and 75-10-405, MCA.
Facilities for Hazardous Waste
Management Permits;
Modifications of Hazardous Waste
Permits; Procedures for Post-
Closure Permitting, 54 FR 9596,
03/07/89.
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\1\ References are to the Administrative Rules of Montana, revised
September 30, 1995 and the Montana Code as Annotated (MCA).
Indian Reservations
The program revision does not extend to ``Indian Country'' as
defined in 18 U.S.C. Section 1151, including lands within the exterior
boundaries of the following Indian reservations located within the
State of Montana.
1. Blackfeet Indian Reservation
2. Crow Tribe of Montana Indian Reservation
3. Flathead Indian Reservation
4. Fort Belknap Indian Reservation
5. Fort Peck Indian Reservation
6. Northern Cheyenne Indian Reservation
7. Rocky Boy's Indian Reservation
In excluding Indian Country from the scope of this program
revision, EPA is not making a determination that the State either has
adequate jurisdiction or lacks jurisdiction over sources in Indian
Country. Should the State of Montana
[[Page 55225]]
choose to seek program authorization within Indian Country, it may do
so without prejudice. Before EPA would approve the State's program for
any portion of Indian Country, EPA would have to be satisfied that the
State has authority, either pursuant to explicit Congressional
authorization or applicable principles of Federal Indian law, to
enforce its laws against existing and potential pollution sources
within any geographical area for which it seeks program approval and
that such approval would constitute sound administrative practice.
There are no EPA-issued RCRA permits in Indian Country at this
time.
C. Decision
I conclude that Montana's application for program revision meets
all of the statutory and regulatory requirements established by RCRA.
Accordingly, Montana is granted final authorization to operate its
hazardous waste program as revised by this application.
Montana has responsibility for permitting treatment, storage, and
disposal facilities within its borders and carrying out other aspects
of the RCRA program, subject to the limitation of its revised program
application and previously approved authorities. Montana also has
primary enforcement responsibilities, although EPA retains the right to
conduct inspections under Section 3007 of RCRA and to issue orders
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
EPA has determined that this authorization will not have a
significant economic impact on a substantial number of small entities.
Such small entities which are hazardous waste generators, transporters,
or which own and/or operate TSDFs are already subject to the regulatory
requirements under existing State law which are being authorized by
EPA. EPA's authorization does not impose any additional burdens on
these small entities. This is because EPA's authorization would simply
result in an administrative change, rather than a change in the
substantive requirements imposed on these small entities.
Therefore, EPA provides the following certification under the
Regulatory Flexibility Act, as amended by the Small Business Regulatory
Enforcement Fairness Act. Pursuant to the provision at 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 approves regulatory requirements under existing State law
to which small entities are already subject. It does not impose any new
burdens on small entities. This rule, therefore, does not require a
regulatory flexibility analysis.
Submission to Congress and the General Accounting Office
Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives and the Comptroller General of the
General Accounting Office prior to publication of the rule in today's
Federal Register. This rule is not a ``major rule'' as defined by 5
U.S.C. 804(2).
Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), P.L.
104-4, establishes requirements for Federal agencies to assess the
effects of certain regulatory actions on State, local, and tribal
governments and the private sector. Under sections 202 and 205 of the
UMRA, EPA generally must prepare a written statement of economic and
regulatory alternatives analyses for proposed and final rules with
Federal mandates, as defined by the UMRA, that may result in
expenditures to State, local, and tribal governments, in the aggregate,
or to the private sector, of $100 million or more in any one year. The
section 202 and 205 requirements do not apply to today's action because
it is not a ``Federal mandate'' and because it does not impose annual
costs of $100 million or more.
Today's rule contains no Federal mandates for State, local or
tribal governments or the private sector for two reasons. First,
today's action does not impose new or additional enforceable duties on
any State, local or tribal governments or the private sector because
the requirements of the Montana program are already imposed by the
State and subject to State law. Second, the Act also generally excludes
from the definition of a ``Federal mandate'' duties that arise from
participation in a voluntary Federal program. Montana's participation
in an authorized hazardous waste program is voluntary.
Even if today's rule did contain a Federal mandate, this rule will
not result in annual expenditures of $100 million or more for State,
local, and/or tribal governments in the aggregate, or the private
sector. Costs to State, local and/or tribal governments already exist
under the Montana program, and today's action does not impose any
additional obligations on regulated entities. In fact, EPA's approval
of state programs generally may reduce, not increase, compliance costs
for the private sector.
The requirements of section 203 of UMRA also do not apply to
today's action. Before EPA establishes any regulatory requirements that
may significantly or uniquely affect small governments, section 203 of
the UMRA requires EPA to develop a small government agency plan. This
rule contains no regulatory requirements that might significantly or
uniquely affect small governments. The Agency recognizes that although
small governments may be hazardous waste generators, transporters, or
own and/or operate TSDFs, they are already subject to the regulatory
requirements under existing state law which are being authorized by
EPA, and, thus, are not subject to any additional significant or unique
requirements by virtue of this program approval.
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: October 9, 1996.
Jack W. McGraw,
Acting Regional Administrator.
[FR Doc. 96-27479 Filed 10-24-96; 8:45 am]
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