[Federal Register Volume 76, Number 10 (Friday, January 14, 2011)]
[Proposed Rules]
[Pages 2618-2625]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-749]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R05-RCRA-2010-0738; FRL-9253-1]


Minnesota: Final Authorization of State Hazardous Waste 
Management Program Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: Minnesota has applied to EPA for final authorization of the 
changes to its hazardous waste program under the Resource Conservation 
and Recovery Act (RCRA). EPA has reviewed Minnesota's application with 
regards to Federal requirements, and is proposing to authorize the 
State's changes.

DATES: Comments on this proposed rule must be received on or before 
February 14, 2011.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
RCRA-2010-0738 by one of the following methods:
    http://www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    E-mail: <a href="/cdn-cgi/l/email-protection#bccbd9cfc8d9dad9ce92dbddcec5fcd9ccdd92dbd3ca"><span class="__cf_email__" data-cfemail="cfb8aabcbbaaa9aabde1a8aebdb68faabfaee1a8a0b9">[email protected]</span></a>.
    Mail: Gary Westefer, Minnesota Regulatory Specialist, LR-8J, U.S. 
EPA, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604.
    Instructions: Direct your comments to Docket ID Number EPA-R05-
RCRA-2010-0738. EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
online at http://www.regulations.gov, including any personal 
information provided, unless the comment includes information claimed 
to be Confidential Business Information (CBI) or other information 
whose disclosure is restricted by statute. Do not submit information 
that you consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://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 e-mail comment directly to EPA without 
going through http://www.regulations.gov your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made 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 or any form of encryption, and be free of 
any defects or viruses. For additional information about EPA's public 
docket, visit the EPA Docket Center homepage at http://www.epagov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some of the 
information is not publicly available, e.g., CBI or other information 
for which disclosure is restricted by statute. Certain other material, 
such as copyrighted material, will be publicly

[[Page 2619]]

available only in hard copy. Publicly available docket materials are 
available either electronically in http://www.regulations.gov or in 
hard copy. You may view and copy Minnesota's application from 9 a.m. to 
4 p.m. at the following addresses: U.S. EPA Region 5, LR-8J, 77 West 
Jackson Boulevard, Chicago, Illinois, contact: Gary Westefer (312) 886-
7450; or Minnesota Pollution Control Agency, 520 Lafayette Road, North, 
St. Paul, Minnesota 55515, contact: Nathan Cooley (651) 757-2290.

FOR FURTHER INFORMATION CONTACT: Gary Westefer, Minnesota Regulatory 
Specialist, U.S. EPA Region 5, LR-8J, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 886-7450, e-mail <a href="/cdn-cgi/l/email-protection#82f5e7f1f6e7e4e7f0ace5e3f0fbc2e7f2e3ace5edf4"><span class="__cf_email__" data-cfemail="e09785939485868592ce87819299a0859081ce878f96">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

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 request 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 266, 268, 270, 273 and 279.

B. What decisions have we made in this rule?

    We conclude that Minnesota's application to revise its authorized 
program meets all of the statutory and regulatory requirements 
established by RCRA. Therefore, we propose to grant Minnesota final 
authorization to operate its hazardous waste program with the changes 
described in the authorization application. Minnesota has 
responsibility for permitting treatment, storage, and disposal 
facilities (TSDFs) within its borders (except in Indian Country) and 
for 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 (HSWA). New Federal 
requirements and prohibitions imposed by Federal regulations that EPA 
promulgates under the authority of HSWA take effect in authorized 
States before they are authorized for the requirements. Thus, EPA will 
implement those requirements and prohibitions in Minnesota, including 
issuing permits, until the State is granted authorization to do so.

C. What is the effect of this authorization decision?

    The effect of this decision, once finalized, is that a facility in 
Minnesota subject to RCRA would have to comply with the authorized 
State requirements instead of the equivalent Federal requirements in 
order to comply with RCRA. Minnesota has enforcement responsibilities 
under its State hazardous waste program for RCRA violations, but EPA 
retains its authority under RCRA sections 3007, 3008, 3013, and 7003, 
which include, among others, authority to:
    1. Do inspections, and require monitoring, tests, analyses or 
reports; and
    1. Enforce RCRA requirements and suspend or revoke permits.
    This action will not impose additional requirements on the 
regulated community because the regulations for which Minnesota is 
being authorized are already effective, and will not be changed by 
EPA's final action.

D. What happens if EPA receives adverse comments on this action?

    If EPA receives adverse comments on this authorization, we will 
address all public comments in a later Federal Register. You may not 
have another opportunity to comment. If you want to comment on this 
authorization, you must do so at this time.

E. What has Minnesota previously been authorized for?

    Minnesota initially received Final (base) authorization on January 
28, 1985, effective February 11, 1985 (50 FR 3756) to implement the 
RCRA hazardous waste management program. We granted authorization for 
changes to Minnesota's program on July 20, 1987, effective September 
18, 1987 (52 FR 27199); on April 24, 1989, effective June 23, 1989 (54 
FR 16361) amended June 28, 1989 (54 FR 27170); on June 15, 1990, 
effective August 14, 1990 (55 FR 24232); on June 24, 1991, effective 
August 23, 1991 (56 FR 28709); on March 19, 1992, effective May 18, 
1992 (57 FR 9501); on March 17, 1993, effective May 17, 1993 (58 FR 
14321); on January 20, 1994, effective March 21, 1994 (59 FR 2998); and 
on May 25, 2000, effective August 23, 2000 (65 FR 33774). Minnesota 
also received authorization for the U.S. Filter Recovery Services 
Project XL on May 22, 2001, effective May 22, 2001 (66 FR 28085), and 
for the Joint Powers Agreement with Hennepin County on October 23, 2008 
(73 FR 63074), effective October 23, 2008.

F. What changes are we proposing with today's action?

    On June 2, 2010, Minnesota submitted a final complete program 
revision application, seeking authorization of their changes in 
accordance with 40 CFR 271.21. We are now proposing to authorize, 
subject to receipt of written comments that oppose this action, 
Minnesota's hazardous waste program revision. We propose to grant 
Minnesota final authorization for the following program changes:

             Minnesota's Analogs to the Federal Requirements
------------------------------------------------------------------------
                                 Federal Register
    Description of Federal        date and page
requirement (include checklist     (and/or RCRA       Analogous State
       No., if relevant)            statutory            authority
                                    authority)
------------------------------------------------------------------------
Land Disposal Restrictions for  August 19, 1991,   MR 7045.0125,4,K;
 Electric Arc Furnace Dust       56 FR 41164.       7045.0214,3,E;
 (K061) Checklist 95.                               7045.1390; Effective
                                                    June 22, 2009.
Liners and Leak Detection       January 29, 1992,  MR 7001.0150;
 Systems for Hazardous Waste     57 FR 3462.        7001.0590;
 Land Disposal Units Checklist                      7001.0600;
 100.                                               7001.0620;
                                                    7001.0720; MR
                                                    7045.0219;
                                                    7045.0220;
                                                    7045.0452;
                                                    7045.0461;
                                                    7045.0478;
                                                    7045.0532(3),(4),(5)
                                                    ,(7); 7045.0534;
                                                    7045.0534(4),(5),(6)
                                                    ; 7045.0538;
                                                    7045.0538(4),(5);
                                                    7045.0556;
                                                    7045.0556(8);
                                                    7045.0584;
                                                    7045.0630;
                                                    7045.0630(5),(6);
                                                    7045.0632;
                                                    7045.0632(4),(8),(9)
                                                    ; 7045.0638;
                                                    7045.0638(2);
                                                    Effective June 22,
                                                    2009.

[[Page 2620]]

 
Hazardous Waste Management      July 10, 1992, 57  MR 7045.0075;
 System; Identification and      FR 30657.          7045.0100;
 Listing of Hazardous Waste;                        7045.0102;
 Toxicity Characteristic;                           7045.0120;
 Corrections Checklist 108.                         7045.0121;
                                                    7045.0638; Effective
                                                    June 22, 2009.
Land Disposal Restrictions for  August 18, 1992,   MR 7001.0550(K);
 Newly Listed Wastes and         57 FR 37194.       7001.0560(B);
 Hazardous Debris Checklist                         7001.0650(5)(F)(6);
 109.                                               MR 7045.0219;
                                                    7045.0214(3)(E),(F),
                                                    (G);
                                                    7045.0292(1)(B);
                                                    7045.0490(1)(D);
                                                    7045.0486(2),(3);
                                                    7045.0498(1)(D);
                                                    7045.0502(1);
                                                    7045.0551;
                                                    7045.0594(1);
                                                    7045.0600(1),(2);
                                                    7045.0608(1);
                                                    7045.0610(1);
                                                    7045.0630(2);
                                                    7045.0651;
                                                    7045.1390; Effective
                                                    June 22, 2009.
Identification and Listing of   August 18, 1992,   MR 7045.0125(4)(F);
 Hazardous Waste; CERCLA         57 FR 37284.       7045.0135(1a),(C),(M
 Hazardous Designation;                             ); Effective June
 Reportable Quantity                                22, 2009.
 Adjustment; Coke By-Product
 Wastes Checklist 110.
Consolidated Liability
 Requirements:
    Financial Responsibility    September 16,      MR
     for Third Party             1992, 57 FR        7045.0504(7)(L),(M);
     Liability, Closure and      42832.             7045.0518;
     Post-Closure Checklist                         7045.0524;
     113.                                           7045.0608(2);
                                                    7045.0614;
                                                    7045.0620; Effective
                                                    June 22, 2009.
    Standards Applicable to     September 1,
     Owners and Operators of     1988, 53 FR
     Hazardous Waste             33938.
     Treatment, Storage, and
     Disposal Facilities;
     Liability Coverage
     Checklist 113.1.
    Liability Requirements;     July 1, 1991, 56
     Technical Amendment         FR 30200.
     Checklist 113.2.
Hazardous Waste Management      October 15, 1992,  MR
 System; Identification and      57 FR 47376.       7045.0135(1a)(C),(M)
 Listing of Hazardous Waste                         ; Effective June 22,
 and CERCLA Hazardous                               2009.
 Designation; Reportable
 Quantity Adjustment;
 Chlorinated Toluenes
 Production Wastes Checklist
 115.
Hazardous Waste Management      October 20, 1992,  MR 7045.1390;
 System; Land Disposal           57 FR 47772.       Effective June 22,
 Restrictions; Case-By-Case                         2009.
 Capacity Variance Checklist
 116.
Hazardous Waste Management      June 1, 1992, 57   MR 7045.0102(2);
 System; Definition of           FR 23062.          Effective June 22,
 Hazardous Waste; Mixture and                       2009.
 Derived-From Rules Checklist
 117B.
Hazardous Waste Management;     November 18,       MR 7045.0020(84a);
 Liquids in Landfills II         1992, 57 FR        7045.0458(2)(G)(3);
 Checklist 118.                  54452.             7045.0538(10),(12);
                                                    7045.0564(2)(G)(3);
                                                    7045.0638(7),(9);
                                                    Effective June 22,
                                                    2009.
Corrective Action Management    February 16,       MR 7001.0510;
 Units and Temporary Units;      1993, 58 FR 8658.  7001.0720;
 Corrective Action Units Under                      7045.0020;
 Subtitle C Checklist 121.                          7045.0219;
                                                    7045.0220;
                                                    7045.0485;
                                                    7045.0545;
                                                    7045.0552; Effective
                                                    October 2, 1995.
Land Disposal Restrictions;     May 14, 1993, 58   MR 7045.1390;
 Renewal of the Hazardous        FR 28506.          Effective June 22,
 Waste Debris Case-By-Case                          2009.
 Capacity Variance Checklist
 123.
Land Disposal Restrictions for  May 24, 1993, 58   MR 7045.0450(3)(E);
 Ignitable and Corrosive         FR 29860.          7045.0552(3)(F);
 Characteristic Wastes Whose                        7045.1390; Effective
 Treatment Standards Were                           June 22, 2009.
 Vacated Checklist 124.
Hazardous Waste Management      August 31, 1993,   MR 7001.0510;
 System; Testing and             58 FR 46040.       7045.0630(C);
 Monitoring Activities                              7001.0700(3)(A)(3-5)
 Checklist 126 as amended.                          ; MR 7045.0065(1);
                                                    7045.0075(2)(E)(1)(a
                                                    );
                                                    7045.0131(4)(A),(B);
                                                    7045.0131(7)(A);
                                                    7045.0135(1);
                                                    7045.0528(1)(A);
                                                    7045.0538(10)(C);
                                                    7045.0628(1)(A);
                                                    7045.0638(7)(B);
                                                    7045.1390; Effective
                                                    June 22, 2009.
Checklist 126.1...............  September 19,
                                 1994, 59 FR
                                 47980.
Hazardous Waste Management      January 4, 1994,   MR 7045.0065;
 System; Identification and      59 FR 458.         7045.0135(1a)(N);
 Listing of Hazardous Waste;                        Effective June 22,
 Wastes From Wood Surface                           2009.
 Protection Checklist 128.
Recordkeeping Instructions;     March 24, 1994,    MR 7045.0543(1)(A);
 Technical Amendment Checklist   59 FR 13891.       7045.0643(1)(A);
 131.                                               7045.0645(1)(A);
                                                    Effective June 22,
                                                    2009.
Hazardous Waste Management      June 2, 1994, 59   MR 7045.0065(1);
 System; Identification and      FR 28484.          Effective June 22,
 Listing of Hazardous Waste;                        2009.
 Wastes from Wood Surface
 Protection; Correction
 Checklist 132.
Hazardous Waste Management      June 20, 1994, 59  MR
 System; Correction of Listing   FR 31551.          7045.0135(1a)(D),(N)
 of P015--Beryllium Powder                          ; 7045.1390;
 Checklist 134.                                     Effective June 22,
                                                    2009.
Standards for the Management    August 24, 1994,   MR 7045.0665(1)(B);
 of Specific Hazardous Wastes;   59 FR 43496.       7045.1390; Effective
 Amendment to Subpart C--                           June 22, 2009.
 Recyclable Materials Used in
 a Manner Constituting
 Disposal; Final Rule
 Checklist 136.

[[Page 2621]]

 
Land Disposal Restrictions      September 19,      MR 7045.0075(3),(4)
 Phase II--Universal Treatment   1994, 59 FR        MR7045.0450(3)(E);
 Standards, and Treatment        47982.             7045.0552(3)(F);
 Standards for Organic                              7045.0665(4)(B);
 Toxicity Characteristic                            7045.1390 Minnesota
 Wastes and Newly Listed                            Stat. 116.06(11)
 Wastes.                                            3745-266-106; 3745-
                                                    266-107; Effective
                                                    June 22, 2009.
Checklist 137 as amended......  January 3, 1995,
                                 60 FR 242.
Checklist 137.1...............
Universal Waste Rule: General   May 11, 1995, 60   MR 7001.0520(2)(N);
 Provisions Checklist 142A.      FR 25492.          MR 7045.0020;
                                                    7045.0120(2)(E);
                                                    7045.0206(5)(G);
                                                    7045.0208(1)(G);
                                                    7045.0214(1);
                                                    7045.0450(3)(L);
                                                    7045.1400; Effective
                                                    July 25, 2005.
Universal Waste Rule: Specific  May 11, 1995, 60   MR 7045.0685(1);
 Provisions for Batteries        FR 25492.          7045.1400; Effective
 Checklist 142B.                                    July 25, 2005.
Universal Waste Rule: Specific  May 11, 1995, 60   MR 7045.1400;
 Provisions for Pesticides       FR 25492.          Effective July 25,
 Checklist 142C.                                    2005.
Universal Waste Rule: Specific  May 11, 1995, 60   MR 7045.1400;
 Provisions for Thermostats      FR 25492.          Effective July 25,
 Checklist 142D.                                    1995.
Universal Waste Rule:           May 11, 1995, 60   MR 7045.1400;
 Provisions for Petitions to     FR 25492.          Effective July 25,
 Add a New Universal Waste                          2005.
 Checklist 142E.
Land Disposal Restrictions      April 8, 1996, 61  MR 7045.1390;
 Phase III--Decharacterized      FR 15566.          Effective June 22,
 Wastewaters, Carbamate                             2009.
 Wastes, and Spent Potliners
 Checklist 151 as amended.
Checklist 151.1 as amended....  April 8, 1996, 61
                                 FR 15566.
Checklist 151.2 as amended....  April 30, 1996,
                                 61 FR 19117.
Checklist 151.3 as amended....  June 28, 1996, 61
                                 FR 33680.
Checklist 151.4 as amended....  July 10, 1996, 61
                                 FR 36419.
Checklist 151.5 as amended....  August 26, 1996,
                                 61 FR 43924.
Checklist 151.6...............  February 19,
                                 1997, 62 FR 7502.
Imports and Exports of          April 12, 1996,    MR 7045.0125;
 Hazardous Waste:                61 FR 16290.       7045.0211;
 Implementation of OECD                             7045.0213;
 Council Decision C(92)39                           7045.0302(2),(4),(6)
 Concerning the Control of                          ; 7045.0351;
 Transfrontier Movements of                         7045.0355;
 Wastes Destined for Recovery                       7045.0375;
 Operations Checklist 152.                          7045.0452;
                                                    7045.0474;
                                                    7045.0556;
                                                    7045.0578;
                                                    7045.0675;
                                                    7045.1400; Effective
                                                    June 22, 2009.
Criteria for Classification of  July 1, 1996, 61   MR 7045.0219;
 Solid Waste Disposal            FR 34252.          Effective June 22,
 Facilities and Practices;                          2009.
 Identification and Listing of
 Hazardous Waste; Requirements
 for Authorization of State
 Hazardous Waste Programs
 Checklist 153.
Hazardous Waste Treatment,      November 25,       MR
 Storage and Disposal            1996, 61 FR        7001.0150(3)(P)(3),(
 Facilities and Hazardous        59931.             4); 7001.0560(E);
 Waste Generators; Organic Air                      7001.0570(G);
 Emissions Standards for                            7001.0580(K);
 Tanks, Surface Impoundments,                       7001.0590(N);
 and Containers Checklist 154                       7001.0635; MR
 as amended.                                        7045.0065(1);
                                                    7045.0125(9);
                                                    7045.0292;
                                                    7045.0452(5)(C);
                                                    7045.0458(2);
                                                    7045.0478(3);
                                                    7045.0482(4)(C);
                                                    7045.0526(10);
                                                    7045.0528(12);
                                                    7045.0532(11);
                                                    7045.0539(2);
                                                    7045.0547;
                                                    7045.0548;
                                                    7045.0549;
                                                    7045.0564(2);
                                                    7045.0556(5)(C);
                                                    7045.0584(3);
                                                    7045.0588(4)(D);
                                                    7045.0626(9);
                                                    7045.0628(13);
                                                    7045.0630(9);
                                                    7045.0647;
                                                    7045.0648;7045.0649;
                                                    Effective June 22,
                                                    2009.
Checklist 154.1 as amended....  December 6, 1994,
                                 59 FR 62896.
Checklist 154.2 as amended....  May 19, 1995, 60
                                 FR 26828.
Checklist 154.3 as amended....  September 29,
                                 1995, 60 FR
                                 50426.
Checklist 154.4 as amended....  November 13,
                                 1995, 60 FR
                                 56952.
Checklist 154.5 as amended....  February 9, 1996,
                                 61 FR 4903.
Checklist 154.6...............  June 5, 1996, 61
                                 FR 28508.
Land Disposal Restrictions      January 14, 1997,  MR 7045.1390;
 Phase III--Emergency            62 FR 1992.        Effective June 22,
 Extension of the K088                              2009.
 Capacity Variance Checklist
 155.
Land Disposal Restrictions      May 12, 1997, 62   MR 7045.0020;
 Phase IV; Treatment Standards   FR 25998.          7045.0120(2)(E),(F);
 for Wood Preserving Wastes,                        7045.0125(4)(C);
 Paperwork Reduction and                            7045.1390; Minnesota
 Streamlining, Exemptions From                      Stat. 116.06(11);
 RCRA for Certain Processed                         Effective June 22,
 Materials; and Miscellaneous                       2009.
 Hazardous Waste Provisions
 Checklist 157.

[[Page 2622]]

 
Hazardous Waste Management      June 17, 1997, 62  MR 7045.0135;
 System; Carbamate Production,   FR 32974.          7045.1390; Effective
 Identification and Listing of                      June 22, 2009.
 Hazardous Waste; Land
 Disposal Restrictions
 Checklist 159.
Land Disposal Restrictions      July 14, 1997, 62  MR 7045.1390;
 Phase III--Emergency            FR 37694.          Effective June 22,
 Extension of the K088                              2009.
 National Capacity Variance,
 Amendment Checklist 160.
Second Emergency Revision of    August 28, 1997,   MR 7045.1390;
 the Land Disposal               62 FR 45568.       Effective June 22,
 Restrictions (LDR) Treatment                       2009.
 Standards for Listed
 Hazardous Wastes From
 Carbamate Production
 Checklist 161.
Classification of Standards     December 5, 1997,  MR 7045.1390;
 for Hazardous Waste Land        62 FR 64504.       Effective June 22,
 Disposal Restriction                               2009.
 Treatment Variances Checklist
 162.
Hazardous Waste Treatment,      December 8, 1997,  MR 7001.0560(E); MR
 Storage and Disposal            62 FR 64636.       7045.0452(5)(C);
 Facilities and Hazardous                           7045.0478(3)(H);
 Waste Generators; Organic Air                      7045.0547;
 Emissions Standards for                            7045.0548;
 Tanks, Surface Impoundments,                       7045.0549;
 and Containers; Clarification                      7045.0556(4)(C);
 and Technical Amendment                            7045.0584(3)(H);
 Checklist 163.                                     7045.0643(1)(F);
                                                    7045.0647;
                                                    7045.0648;
                                                    7045.0649; Effective
                                                    June 22, 2009.
Land Disposal Restrictions      May 26, 1998, 63   MR 7045.1390;
 Phase IV; Treatment Standards   FR 28556.          Effective June 22,
 for Metal Wastes and Mineral                       2009.
 Processing Wastes Checklist
 167A.
Land Disposal Restrictions      May 26, 1998, 63   MR 7045.1390;
 Phase IV; Hazardous Soils       FR 28556.          Effective June 22,
 Treatment Standards and                            2009.
 Exclusions Checklist 167B.
Land Disposal Restrictions      May 26, 1998, 63   MR 7045.1390;
 Phase IV; Corrections           FR 28556.          Effective June 22,
 Checklist 167C as amended.                         2009.
Checklist 167C.1..............  June 8, 1998, 63
                                 FR 31266.
Minerals Processing Secondary   May 26, 1998, 63   MR 7045.1390;
 Materials Exclusion Checklist   FR 28556.          Effective June 22,
 167D.                                              2009.
Bevill Exclusion Revisions and  May 26, 1998, 63   MR
 Clarification Checklist 167E.   FR 28556.          7045.0102(2)(H),(I);
                                                    7045.0120(1)(I);
                                                    Effective June 22,
                                                    2009.
Exclusion of Recycled Wood      May 26, 1998, 63   MR 7045.0120(1)(T);
 Preserving Wastewaters          FR 28556.          Effective June 22,
 Checklist 167F.                                    2009.
Hazardous Waste Combustors;     June 19, 1998, 63  MR
 Revised Standards; Final Rule-  FR 33782.          7001.0650(5)(F)(7);
 Part 1-RCRA Comparable Fuel                        7001.0730(6); MR
 Exclusion; Permit                                  7045.0120(2)(E);
 Modifications for Hazardous                        Effective June 1,
 Waste Combustion Units;                            2004.
 Notification of Intent to
 Comply; Waste Minimization
 and Pollution Prevention
 Criteria for Compliance
 Extensions Checklist 168.
Hazardous Waste Management      August 6, 1998,    MR 7045.0075;
 System; Identification and      63 FR 42110.       7045.0100;
 Listing of Hazardous Waste;                        7045.0102;
 Petroleum Refining Process                         7045.0120;
 Wastes; Land Disposal                              7045.0121;
 Restrictions for Newly                             7045.0124;
 Identified Wastes; and CERCLA                      7045.0125;
 Hazardous Substance                                7045.0135(2),(3);
 Designation and Reportable                         7045.0141;
 Quantities Checklist 169.                          7045.1390; Effective
                                                    June 22, 2009.
Hazardous Waste Recycling;      August 31, 1998,   MR 7045.1390;
 Land Disposal Restrictions      63 FR 46332.       Effective June 22,
 Phase IV Zinc Micronutrient                        2009.
 Fertilizers, Administrative
 Stay Checklist 170.
Emergency Revisions of the      September 4,       MR 7045.1390;
 Land Disposal Restrictions      1998, 63 FR        Effective June 22,
 (LDR) Treatment Standards for   47409.             2009.
 Listed Hazardous Wastes From
 Carbamate Production
 Checklist 171.
Characteristic Slags Generated  September 9,       MR 7045.1390;
 From Thermal Recovery of Lead   1998, 63 FR        Effective June 22,
 by Secondary Lead Smelters;     48124.             2009.
 Land Disposal Restrictions;
 Final Rule; Extension of
 Compliance Date Checklist 172.
Land Disposal Restrictions      September 24,      MR 7045.1390;
 (LDR) Treatment Standards for   1998, 63 FR        Effective June 22,
 Spent Potliners from Primary    51254.             2009.
 Aluminum Reduction (K088)
 Checklist 173.
Standards Applicable to Owners  October 22, 1998,  MR 7001.0500;
 and Operators of Closed and     63 FR 56710.       7001.0520;
 Closing Hazardous Waste                            7001.0560;
 Management Facilities: Post-                       7001.0640; MR
 Closure Permit Requirement                         7045.0060;
 and Closure Process; Final                         7045.484(1);
 rule Checklist 174.                                7045.486; 7045.0490;
                                                    7045.0498;
                                                    7045.0590;
                                                    7045.0594; 7045.600;
                                                    7045.0602(2);
                                                    7045.0608(1);
                                                    7045.628; 7045.0630;
                                                    7045.0670(2);
                                                    Effective February
                                                    14, 2005.
Hazardous Remediation Waste     November 30,       MR 7001.0060;
 Management Requirements (HWIR-  1998, 63 FR        7001.0070;
 Media) Checklist 175.           65874.             7001.0190;
                                                    7001.0510;
                                                    7001.0720;
                                                    7001.0650(7); MR
                                                    7045.0020;
                                                    7045.0075;
                                                    7045.0100;
                                                    7045.0102;
                                                    7045.0120;
                                                    7045.0121;
                                                    7045.0219;
                                                    7045.0220;
                                                    7045.0450;
                                                    7045.0478;
                                                    7045.0485;
                                                    7045.0545;
                                                    7045.0552;
                                                    7045.1390; Effective
                                                    February 14, 2005.

[[Page 2623]]

 
Universal Waste Rule--          December 24,       MR 7045.0685;
 Technical Amendments            1998, 63 FR        7045.1400; Effective
 Checklist 176.                  71225.             July 25, 2005.
Hazardous Waste Treatment,      January 21, 1999,  MR 7045.0547;
 Storage and Disposal            64 FR 3381.        7045.0549;
 Facilities and Hazardous                           7045.0649; Effective
 Waste Generators; Organic Air                      June 22, 2009.
 Emissions Standards for
 Tanks, Surface Impoundments,
 and Containers Checklist 177.
Land Disposal Restrictions      May 11, 1999, 64   Minnesota Stat.
 Phase IV: Treatment Standards   FR 25408.          166.06(11); MR
 for Wood Preserving Wastes,                        7045.0120(1);
 Treatment Standards for Metal                      7045.0292(5)(G);
 Wastes, Zinc Micronutrient                         7045.1390; Effective
 Fertilizers, Carbamate                             June 22, 2009.
 Treatment Standards, and K088
 Treatment Standards Checklist
 179.
Hazardous Waste Management      July 6, 1999, 64   MR 7001.0500;
 System; Modification of the     FR 36466.          7001.0520; MR
 Hazardous Waste Program;                           7045.0219;
 Hazardous Waste Lamps; Final                       7045.0220;
 Rule Checklist 181.                                7045.0450;
                                                    7045.0552;
                                                    7045.1300;
                                                    7045.1400; Effective
                                                    July 25, 2005.
Land Disposal Restrictions      October 20, 1999,  MR 7045.0135(1)(C);
 Phase IV: Final Rule            64 FR 56469.       7045.0292(1)(G);
 Promulgating Treatment                             7045.1390; Effective
 Standards for Metal Wastes,                        June 22, 2009.
 and Mineral Processing
 Wastes; Mineral Processing
 Secondary Materials and
 Bevill Exclusion Issues;
 Treatment Standards for
 Hazardous Soils, and
 Exclusion of Recycled Wood
 Preserving Wastewaters
 Checklist 183.
Organobromine Production        March 17, 2000,    MR 7045.0135(1);
 Wastes; Identification and      65 FR 14472.       7045.1390; Effective
 Listing of Hazardous Waste;                        June 22, 2009.
 Land Disposal Restrictions;
 Listing of CERCLA Hazardous
 Substances, Reportable
 Quantities Checklist 185.
Organobromine Production        June 8, 2000, 65   MR 7045.0135(1)(B);
 Wastes; Petroleum Refining      FR 36365.          7045.1390; Effective
 Wastes; Land Disposal                              June 22, 2009.
 Restrictions; Checklist 187.
Hazardous Waste Management      November 8, 2000,  MR 7045.0135(1);
 System; Identification and      65 FR 67068.       7045.1390; Effective
 Listing of Hazardous Waste;                        June 22, 2009.
 Chlorinated Aliphatics
 Production Wastes; and CERCLA
 Hazardous Substance
 Designation and Reportable
 Quantities Checklist 189.
Deferral of Phase IV Standards  December 26,       MR 7045.1390;
 for PCBs as a Constituent       2000, 65 FR        Effective June 22,
 Subject to Treatment in Soil    81373.             2009.
 Checklist 190.
Hazardous Waste Identification  May 16, 2001, 66   MR 7045.0102(2);
 Rule (HWIR); Revisions to the   FR 27266.          7045.0214(3)(A);
 Mixture and Derived From                           Effective June 22,
 Rules Checklist 192A.                              2009.
Hazardous Waste Identification  May 16, 2001, 66   MR 7045.1390;
 Rule (HWIR); Land Disposal      FR 27266.          Effective June 22,
 Restrictions Correction                            2009.
 Checklist 192B.
Corrections to the Hazardous    October 3, 2001,   MR 7045.0102;
 Waste Identification Rule       66 FR 50332.       7045.0124; Effective
 (HWIR); Revisions to the                           June 22, 2009.
 Mixture and Derived From
 Rules (Revision II) Checklist
 194.
Amendments to the Corrective    January 22, 2002,  MR 7045.0020;
 Action Management Unit Rule     67 FR 2962.        7045.0545(1)(a);
 Checklist 196.                                     7045.0547(1);
                                                    7045.0548(1);
                                                    Effective February
                                                    14, 2005.
Hazardous Waste Management      March 13, 2002,    Minnesota Stat.
 System; Definition of Solid     67 FR 11251.       116.06(11); MR
 Waste; Toxicity                                    7045.0120(1)(X);
 Characteristic; Vacatur of                         7045.0131(7);
 Mineral Processing Spent                           Effective June 22,
 Materials Being Reclaimed as                       2009.
 Solid Wastes and TCLP Use
 with MGP Waste Checklist 199.
Land Disposal Restrictions;     October 7, 2002,   MR 7045.1390;
 National Treatment Variance     67 FR 62618.       Effective June 22,
 to Designate New Treatment                         2009.
 Subcategories for
 Radioactively Contaminated
 Cadmium-, Mercury-, and
 Silver-Containing Batteries
 Checklist 201.
Hazardous Waste Management      June 4, 2008, 73   MR 7045.0135;
 System; Identification and      FR 31756.          Effective June 22,
 Listing of Hazardous Waste;                        2009.
 Amendment to Hazardous Waste
 Code F019 Checklist 218.
------------------------------------------------------------------------

G. Which revised State rules are different from the Federal rules?

    Minnesota has excluded the non-delegable Federal requirements at 40 
CFR 268.5, 268.6, 268.42(b), 268.44, and 270.3. EPA will continue to 
implement those requirements. In this action, Minnesota has chosen to 
remain more stringent in the Hazardous Remediation Waste Management 
Requirements, (Checklist 175 above) by choosing not to adopt 40 CFR 
270.79 through 270.230 which allow for Remedial Action Plans (RAP). The 
RAP is considered to be less stringent. Minnesota is more stringent in 
checklist 108, as it does not recognize the list of excluded processes, 
nor does it have provision to waive the double liner requirement in 40 
CFR 265.301(d). In rule revision (Checklist) 118, Minnesota does not 
allow any liquids in landfills even as provided for in 40 CFR 264.314. 
In rule revision (Checklist) 142, Minnesota does not contain a 
provision to add a Universal Waste under 40 CFR 273.80 or 260.23.

[[Page 2624]]

H. Who handles permits after the authorization takes effect?

    Minnesota 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 we issued prior to the effective date of this authorization until 
they expire or are terminated. We will not issue any more new 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 Minnesota 
is not yet authorized.

I. How does today's action affect Indian Country (18 U.S.C. 1151) in 
Minnesota?

    Minnesota is not authorized to carry out its hazardous waste 
program in ``Indian Country,'' as defined in 18 U.S.C. 1151. Indian 
Country includes:
    1. All lands within the exterior boundaries of Indian Reservations 
within or abutting the State of Minnesota, including:
    a. Bois Forte Indian Reservation
    b. Fond Du Lac Indian Reservation
    c. Grand Portage Indian Reservation
    d. Leech Lake Indian Reservation
    e. Lower Sioux Indian Reservation
    f. Mille Lacs Indian Reservation
    g. Prairie Island Indian Reservation
    h. Red Lake Indian Reservation
    i. Shakopee Mdewankanton Indian Reservation
    j. Upper Sioux Indian Reservation
    k. White Earth Indian Reservation
    2. Any land held in trust by the U.S. for an Indian tribe; and
    3. Any other land, whether on or off an Indian reservation that 
qualifies as Indian Country.

Therefore, EPA retains the authority to implement and administer the 
RCRA program in Indian Country.

J. What is codification and is EPA codifying Minnesota'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. We do this by referencing 
the authorized State rules in 40 CFR part 272. Minnesota's rules, up to 
and including those revised June 7, 1991, as corrected August 19, 1991, 
have previously been codified through incorporation by reference 
effective February 4, 1992 (57 FR 4162) .

K. Statutory and Executive Order Reviews

    This proposed rule only authorizes hazardous waste requirements 
pursuant to RCRA 3006 and imposes no requirements other than those 
imposed by State law (see SUPPLEMENTARY INFORMATION, Section A. Why are 
Revisions to State Programs Necessary?). Therefore this rule complies 
with applicable executive orders and statutory provisions as follows:

1. Executive Order 18266: Regulatory Planning Review

    The Office of Management and Budget has exempted this rule from its 
review under Executive Order 12866 (58 FR 51735, October 4, 1993).

2. Paperwork Reduction Act

    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 seq.).

3. Regulatory Flexibility Act

    This rule authorizes State requirements for the purpose of RCRA 
3006 and imposes no additional requirements beyond those required by 
State law. Accordingly, I certify that this rule 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.).

4. Unfunded Mandates Reform Act

    Because this rule approves 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).

5. Executive Order 13132: Federalism

    Executive Order 13132 (64 FR 43255, August 10, 1999) does not apply 
to this rule because it will not have federalism implications (i.e., 
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).

6. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    Executive Order 13175 (65 FR 67249, November 9, 2000) does not 
apply to this rule because it will not have tribal implications (i.e., 
substantial direct effects on one or more Indian tribes, or on the 
relationship between the Federal Government and Indian tribes, or on 
the distribution of power and responsibilities between the Federal 
Government and Indian tribes.)

7. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks

    This rule is not subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997), because it is not economically significant as defined 
in Executive Order 12866 and because the EPA does not have reason to 
believe the environmental health or safety risks addressed by this 
action present a disproportionate risk to children.

8. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This rule is not subject to Executive Order 13211 (66 FR 28355, May 
22, 2001), because it is not a significant regulatory action as defined 
in Executive Order 12866.

9. National Technology Transfer Advancement Act

    EPA approves State programs as long as they meet criteria required 
by RCRA, so it would be inconsistent with applicable law for EPA, in 
its review of a State program, to require the use of any particular 
voluntary consensus standard in place of another standard that meets 
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 to this rule.

10. Executive Order 12988

    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.

11. Executive Order 12630: Evaluation of Risk and Avoidance of 
Unanticipated Takings

    EPA has complied with Executive Order 12630 (53 FR 8859, March 18, 
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.

[[Page 2625]]

12. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low Income Populations

    Because this rule proposes authorization of pre-existing State 
rules and imposes no additional requirements beyond those imposed by 
State law and there are no anticipated significant adverse human health 
or environmental effects, the rule is not subject to Executive Order 
12898 (59 FR 7629, February 16, 1994).

13. Congressional Review Act

    EPA will submit a report containing this rule and other information 
required by the Congressional Review Act (5 U.S.C. 801 et seq.) 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).

List of Subjects in 40 CFR Part 271

    Environmental protection, Administrative practice and procedure, 
Confidential business information, Hazardous materials transportation, 
Hazardous waste, Indians-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, 6974(b).

    Dated: September 28, 2010.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2011-749 Filed 1-13-11; 8:45 am]
BILLING CODE 6560-50-P


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