[Federal Register Volume 69, Number 198 (Thursday, October 14, 2004)]
[Rules and Regulations]
[Pages 60964-60967]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-22590]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-7825-8]


Florida: Final Authorization of State Hazardous Waste Management 
Program Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate final rule.

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SUMMARY: Florida 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 determined that these changes satisfy 
all requirements needed to qualify for Final authorization, and is 
authorizing the State's changes through this immediate final action. 
EPA is publishing this rule to authorize the changes without a prior 
proposal because we believe this action is not controversial and do not 
expect comments that oppose it. Unless we get written comments which 
oppose this authorization during the comment period, the decision to 
authorize Florida's changes to their hazardous waste program will take 
effect. If we get comments that oppose this action, we will publish a 
document in the Federal Register withdrawing this rule before it takes 
effect and a separate document in the proposed rules section of this 
Federal Register will serve as a proposal to authorize the changes.

DATES: This Final authorization will become effective on December 13, 
2004, unless EPA receives adverse written comment by November 15, 2004. 
If EPA receives such comment, it 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: Send written comments to Audrey E. Baker, Florida 
Authorizations Coordinator, RCRA Programs Branch, Waste Management 
Division, U.S. Environmental Protection Agency, The Sam Nunn Federal 
Center, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960; (404) 562-
8483. You may also e-mail your comments to

[[Page 60965]]

<a href="/cdn-cgi/l/email-protection#cc8eada7a9bee28db9a8bea9b58ca9bcade2aba3ba"><span class="__cf_email__" data-cfemail="b8fad9d3ddca96f9cddccaddc1f8ddc8d996dfd7ce">[email protected]</span></a> or submit your comments at http://www.regulations.gov. We must receive your comments by November 15, 
2004. You can view and copy Florida's application from 8 a.m. to 5 p.m. 
at The Florida Department of Environmental Protection, Twin Towers 
Office Building, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400 
and from 8:30 a.m. to 3:45 p.m. EPA, Region 4 Library, The Sam Nunn 
Atlanta Federal Center, 61 Forsyth Street, SW., Atlanta, Georgia 30303-
8960, Phone number (404) 562-8190, Patricia Strougal, Librarian.

FOR FURTHER INFORMATION CONTACT: Audrey E. Baker, Florida 
Authorizations Coordinator, RCRA Programs Branch, Waste Management 
Division, U.S. Environmental Protection Agency, The Sam Nunn Federal 
Center, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960; (404) 562-
8483.

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 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 266, 268, 270, 273 and 279.

B. What Decisions Have We Made in This Rule?

    We conclude that Florida's application to revise its authorized 
program meets all of the statutory and regulatory requirements 
established by RCRA. Therefore, we grant Florida Final authorization to 
operate its hazardous waste program with the changes described in the 
authorization application. Florida has responsibility for permitting 
Treatment, Storage, and Disposal Facilities (TSDFs) within its borders 
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 Florida, including 
issuing permits, until the State is granted authorization to do so.

C. What Is the Effect of Today's Authorization Decision?

    The effect of this decision is that a facility in Florida subject 
to RCRA will now have to comply with the authorized State requirements 
instead of the equivalent Federal requirements in order to comply with 
RCRA. Florida has enforcement responsibilities under its State 
hazardous waste program for violations of such program, but EPA retains 
its authority under RCRA sections 3007, 3008, 3013, and 7003, which 
include, among others, authority to:
    <bullet> Do inspections, and require monitoring, tests, analyses or 
reports
    <bullet> Enforce RCRA requirements and suspend or revoke permits
    <bullet> 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 regulations for which Florida is being 
authorized by today's action are already effective, and are not changed 
by today's action.

D. Why Wasn't There a Proposed Rule Before Today's Rule?

    EPA did not publish a proposal before today's rule because we view 
this as a routine program change and do not expect comments that oppose 
this approval. We are providing an opportunity for public comment now. 
In addition to this rule, in the proposed rules section of today's 
Federal Register we are publishing a separate document that proposes to 
authorize the State program changes.

E. What Happens if EPA Receives Comments That Oppose This Action?

    If EPA receives comments that oppose this authorization, we will 
withdraw this 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 proposal 
mentioned in the previous paragraph. We will then address all public 
comments in a later final rule. You may not have another opportunity to 
comment. If you want to comment on this authorization, you must do so 
at this time.
    If we receive comments that oppose only the authorization of a 
particular change to the State hazardous waste program, we will 
withdraw that part of this 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 Florida Previously Been Authorized for?

    Florida initially received Final authorization on January 29, 1985, 
effective February 12, 1985 (50 FR 3908), to implement the RCRA 
hazardous waste management program. We granted authorization for 
changes to their program on December 1, 1987, effective March 3, 1988 
(52 FR 45634), December 16, 1988, effective January 3, 1989 (53 FR 
50529), December 14, 1990, effective February 12, 1991 (55 FR 51416), 
February 5, 1992, effective April 6, 1992 (57 FR 4371), February 7, 
1992, effective April 7, 1992 (57 FR 4738), May 20, 1992, effective 
July 20, 1992 (57 FR 21351), November 9, 1993, effective January 10, 
1994, (58 FR 59367), July 11, 1994, effective September 9, 1994 (59 FR 
35266), August 16, 1994, effective October 17, 1994 (59 41979), October 
26, 1994, effective December 27, 1994 (59 FR 53753), April 1, 1997, 
effective June 2, 1997 (62 FR 15407), August 23, 2001, effective 
October 22, 2001 (66 FR 44307), August 20, 2002, effective October 21, 
2002 (67 FR 53886 and 67 FR 53889). The authorized Florida program, 
through RCRA Cluster IV, was incorporated by reference into the CFR on 
January 20, 1998, effective March 23, 1998 (63 FR 2896). Florida 
received corrective action authority on September 18, 2000, effective 
November 18, 2000 (65 FR 56256).

G. What Changes Are We Authorizing With Today's Action?

    Florida has submitted final complete program revision applications 
on seeking authorization of their changes in accordance with 40 CFR 
271.21. Florida's revision consists of provisions promulgated July 1, 
1997 through June 30, 1998 (RCRA Cluster VIII), July 1, 1998 through 
June 30, 1999 (RCRA IX), and July 1, 1999 through June 30, 2000, 
otherwise known as RCRA Cluster X. The rule adoption for RCRA Cluster 
VIII was effective on February 4, 2000. The rule adoption for RCRA 
Clusters IX and X was effective on December 20, 2000. Florida Statutes 
Chapter 403 allows the Florida Department of Environmental Protection 
to administer the rules

[[Page 60966]]

governing hazardous waste management in the state. We now make an 
immediate final decision, subject to receipt of written comments that 
oppose this action, that Florida's hazardous waste program revisions 
satisfy all of the requirements necessary to qualify for Final 
authorization. Therefore, we grant Florida Final authorization for the 
following program changes:

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    Description of federal
         requirement                    Federal Register                     Analogous state authority
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Checklist 160, Land Disposal   July 14, 1997                      Rule 62-730.183, Florida Administrative Code
 Restrictions Phase III--      62 FR 37694-37699                   (F.A.C.).
 Emergency Extension of the
 K088 National Capacity
 Variance, Amendment.
Checklist 161, Emergency       August 28, 1997                    Rule 62-730.183, F.A.C.
 Revision of the Carbamate     62 FR 45568-45573
 Land Disposal Restrictions.
Checklist 163, Organic Air     December 8, 1997                   Rules 62-730.180(1), 62-730.180(2), 62-
 Emission Standards for        62 FR 64636-64671                   730.220(3) F.A.C.
 Tanks, Surface Impoundments,
 and Containers,
 Clarification and Technical
 Amendment.
Checklist 164, Kraft Mill      April 15, 1998                     Rule 62-730.030(1), F.A.C.
 Steam Stripper Condensate     63 FR 18504-18751
 Exclusion.
Checklist 167A, Land Disposal  May 26, 1998                       Rule 62--730.183, F.A.C.
 Restrictions Phase IV--       63 FR 28556-28753
 Treatment Standards for
 Metal Wastes and Mineral
 Processing Wastes.
Checklist 167C, Land Disposal  May 26, 1998                       Rule 62-730.183, F.A.C.
 Restrictions Phase IV-        62 FR 28556-28753
 Corrections.
Checklist 167E, Bevill         May 26, 1998                       Rule 62-730.030(1), F.A.C.
 Exclusion Revisions and       63 FR 28556-28753
 Clarifications.
Checklist 168, Hazardous       June 19, 1998                      Rules 62-730.030(1) and 62-730-220(3), F.A.C.
 Waste Combustors; Revised     63 FR 33782-33829
 Standards.
Checklist 169, Petroleum       August 6, 1998                     Rules 62-730.030(1), 62-730.181(1), and 62-
 Refining Process Wastes.      63 FR 42110-42189                   730.183(1), F.A.C.
Checklist 170, Land Disposal   August 31, 1998                    Rule 62-730.183(1), F.A.C.
 Restrictions Phase IV--Zinc   63 FR 46332-46334
 Micronutrient Fertilizers
 Amendments.
Checklist 171, Emergency       September 4, 1998                  Rule 62-730.183(1), F.A.C.
 Revision of the Land          63 FR 47410-47418
 Disposal Restrictions (LDR)
 Treatment Standards for
 Listed Hazardous Wastes from
 Carbamate Production.
Checklist 172, Land Disposal   September 9, 1998                  Rule 62-730.183(1), F.A.C.
 Restrictions Phase IV--       63 FR 48124-48127
 Extension of Compliance Date
 for Characteristic Slags.
Checklist 173, Land Disposal   September 24, 1998                 Rule 62-730.183(1), F.A.C.
 Restrictions; Treatment       63 FR 51254-51267
 Standards for Spent
 Potliners from Primary
 Aluminum Reduction (K088);
 Final Rule.
Checklist 174, Post-Closure    October 22, 1998                   Rules 62-730.180(1), 62-730.180(2), 62-
 Permit and Closure Process.   63 FR 56710-56735                   730.220(3) F.A.C.
Checklist 175, HWIR-Media....  November 30, 1998                  Rules 62-730.020(1), 62-730.030(1), 62-
                               63 FR 65874-65947                   730.180(1), 62-730.180(2), 62-730.183(1), 62-
                                                                   730.220(3), F.A.C.
Checklist 176, Universal       December 24, 1998                  Rules 62-730.181(1), 62-730.185(1), F.A.C.
 Waste Rule--Technical         63 FR 71225-71230
 Amendments.
Checklist 177, Organic Air     January 21, 1999                   Rules 62-730.160(1), 62-730.180(1), 62-
 Emission Standards:           64 FR 3382                          730.180(2), F.A.C
 Clarification and Technical
 Amendments.
Checklist 179, Land Disposal   May 11, 1999                       Rules 62-730.030(1), 62-730.160(1), 62-
 Restrictions Phase IV--       64 FR 25408-25417                   730.183(1), F.A.C.
 Technical Corrections and
 Clarifications to Treatment
 Standards.
Checklist 180, Test            May 14, 1999                       Rule 62-730.021(1)(a), F.A.C.
 Procedures for the Analysis   64 FR 26315-26327
 of Oil and Grease and Non-
 Polar Material.
Checklist 183, Land Disposal   October 20, 1999                   Rules 62-730.030(2), 62.730.160(1), 62-
 Restrictions Phase IV--       64 FR 56469-56472                   730.183(2), F.A.C.
 Technical Corrections.
Checklist 184, Accumulation    March 8, 2000                      Rule 62-730.160(1), F.A.C.
 Time for Waste Water          65 FR 12378-12398
 Treatment Sludges.
Checklist 185, Organobromine   March 17, 2000                     Rules 62-730.030(2) 62-730.183(2), F.A.C.
 Production Wastes Vacatur.    65 FR 14472-14475
Checklist 187, Petroleum       June 8, 2000                       Rules 62-730.030(2) 62-730.183(2), F.A.C.
 Refining Process Wastes--     64 FR 36365-36367
 Clarification.
----------------------------------------------------------------------------------------------------------------

H. Where Are the Revised State Rules Different From the Federal Rules?

    Florida did not follow the April 9, 1999, vacatur issued by the 
U.S. Court of Appeals for the District of Columbia as it relates to the 
listing of organobromine production wastes at 40 CFR 268.40/Table 
``Treatment Standards for Hazardous Wastes'' and 268.48(a)/Table 
Universal Treatment Standards (UTS). The State adopted the federal 
regulations as published in the May 26, 1998, rule in tables 40 CFR 
268.40 and 268.48.

I. Who Handles Permits After the Authorization Takes Effect?

    Florida 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 Florida is 
not yet authorized.

J. What Is Codification and Is EPA Codifying Florida'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. We reserve the amendment 
of 40 CFR part 272, subpart

[[Page 60967]]

L for this authorization of Florida's program changes until a later 
date.

K. Administrative Requirements

    The Office of Management and Budget has exempted this action from 
the requirements of Executive Order 12866 (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 (Public Law 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 
seq.).
    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 December 13, 2004.

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 42 
U.S.C. 6912(a), 6926, 6974(b).

    Dated: March 26, 2004.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 04-22590 Filed 10-13-04; 8:45 am]
BILLING CODE 6560-50-P


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