[Federal Register Volume 78, Number 85 (Thursday, May 2, 2013)]
[Rules and Regulations]
[Pages 25579-25582]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-10408]



40 CFR Part 271

[EPA-R04-RCRA-2009-0961; FRL-9806-9]

Georgia: Final Authorization of State Hazardous Waste Management 
Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate final rule.


SUMMARY: Georgia has applied to 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 immediate final rule. In 
the ``Proposed Rules'' section of today's Federal Register, EPA is also 
publishing a separate notice 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 notice in the Federal Register withdrawing today's 
immediate final rule before it takes effect, and the separate notice 
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 July 1, 2013 
unless EPA receives adverse written comment by June 3, 2013. If EPA 
receives such comment, EPA will publish a timely withdrawal of this 
immediate 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-2009-0961, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov: 
Follow the on-line instructions for submitting comments.
     Email: [email protected].
     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.
    Instructions: EPA must receive your comments by June 3, 2013. 
Please refer to Docket Number EPA-R04-RCRA-2009-0961. Do not submit 
information that you consider to be confidential business information 
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

[[Page 25580]]

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.
    You may view and copy Georgia's applications 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 

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: 
[email protected].


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 
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 January 8, 2007, and August 14, 2008, Georgia submitted final 
complete program revision applications, seeking authorization of 
changes to its hazardous waste program. EPA concludes that Georgia's 
applications to revise its authorized program meet all of the statutory 
and regulatory requirements established by RCRA. Therefore, EPA grants 
Georgia final authorization to operate its hazardous waste program with 
the changes described in the authorization applications, and as 
outlined below in Section G of this notice.
    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 applications, 
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 applications 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 immediate final rule, EPA is publishing a separate 
notice 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 notice.

E. What happens if EPA receives comments that oppose this action?

    If EPA receives comments that oppose this authorization, EPA will 
withdraw today's immediate 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 immediate 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 a 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,

[[Page 25581]]

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); and April 25, 2006, 
effective June 26, 2006 (71 FR 23864).

G. What changes is EPA authorizing with this action?

    On January 8, 2007, and August 14, 2008, Georgia submitted final 
complete program revision applications, 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 satisfy all of 
the requirements necessary to qualify for final authorization. 
Therefore, EPA grants Georgia final authorization for the following 
program changes:

    Description of Federal       Federal Register     Analogous State
          requirement             date and page        Authority \1\
207--Uniform Hazardous Waste    70 FR 10776......  391-3-11-.02(1); 391-
 Manifest Rule.                 03/04/05.........   3-11-.07(1); 391-3-
                                                    11-.08(1); 391-3-11-
                                                    .09; and 391-3-11-
                                                    .10(1) and (2).
                                70 FR 35034......
208--Methods and Innovation     70 FR 34538......  391-3-11-.02(1); 391-
 Rule and SW-846 Final Update   06/14/05.........   3-11-.07(1) and (2);
 IIIB.                                              391-3-11-.10(1), (2)
                                                    and (3); 391-3-11-
                                                    .11(3)(h); 391-3-11-
                                                    .11(10); 391-3-11-
                                                    .16; and 391-3-11-
                                70 FR 44150......
209--Universal Waste Rule;      70 FR 45508......  391-3-11-.02(1); 391-
 Specific Provisions for        08/05/05.........   3-11-.07(1); 391-3-
 Mercury Containing Equipment.                      11-.10(1) and (2);
                                                    391-3-11-.16; and
211--Revision of Wastewater     70 FR 57769......  391-3-11-.07(1).
 Treatment Exemptions for       10/04/05.........
 Hazardous Waste Mixtures
 (``Headworks exemptions'').
212--NESHAP: Final Standards    70 FR 59402......  391-3-11-.02(1); 391-
 for Hazardous Waste            10/12/05.........   3-11-.10(1), (2) and
 Combustors (Phase I Final                          (3); 391-3-11-
 Replacement Standards and                          .11(3)(c) and (h);
 Phase II).                                         391-3-11-.11(5)(c);
                                                    and 391-3-11-.11(10)
                                                    and (13).
No Checklist--Identification    70 FR 60217......  391-3-11-.07(1).
 and Listing of Hazardous       10/17/05.........
 Waste (CFR Correction).
214--Corrections to Errors in   71 FR 40254......  391-3-11-.02(1); 391-
 the Code of Federal            07/14/06.........   3-11-.05(1); 391-3-
 Regulations.                                       11-.07(1) and (2);
                                                    391-3-11-.08(1); 391-
                                                    3-11-.10(1), (2) and
                                                    (3); 391-3-11-
                                                    .11(1)(a); 391-3-11-
                                                    .11(3)(c), (d), (f),
                                                    (g) and (h); 391-3-
                                                    11-.11(5)(d); 391-3-
                                                    11-.11(7)(c) and
                                                    (d); 391-3-11-
                                                    .11(11) and (12);
                                                    391-3-11-.16; 391-3-
                                                    11-.17; and 391-3-11-
215--Cathode Ray Tubes Rule...  71 FR 42928......  391-3-11-.02(1) and
                                07/28/06.........   391-3-11-.07(1).
No Checklist--Standards for     72 FR 35666......  391-3-11-.18.
 Universal Waste Management     06/29/07.........
 (CFR Correction).
\1\ The Georgia provisions analogous to the Uniform Hazardous Waste
  Manifest Rule and the Universal Waste Rule were effective March 13,
  2006. The Georgia provisions analogous to the remaining Federal
  requirements were effective June 23, 2008.

H. Where are the revised State rules different from the Federal rules?

    There are no State requirements in this program revision considered 
to be more stringent or broader in scope than the Federal requirements.
    While Georgia has adopted the necessary regulations to receive 
authorization for the Uniform Hazardous Waste Manifest Rule set forth 
in 70 FR 10776, March 4, 2005, EPA cannot delegate the Federal manifest 
registry functions or the export or import provisions contained in such 
rule. As a result, EPA will continue to implement these requirements. 
Similarly, EPA cannot delegate the Federal requirements at 40 CFR 
261.39(a)(5), 261.40 and 261.41 contained in the Cathode Ray Tubes Rule 
set forth in 71 FR 42928, July 28, 2006. While Georgia has properly 
adopted these requirements by reference at Georgia Hazardous Waste 
Management Rule 391-3-11-.07(1), EPA will continue to implement these 

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

[[Page 25582]]

(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 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 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 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 
    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 July 1, 2013, 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: March 28, 2013.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 2013-10408 Filed 5-1-13; 8:45 am]