70898 Federal Register / Vol. 69, No. 235 / Wednesday, December 8, 2004 / Rules and Regulations 

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 rule 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 of this final 

rule in the Federal Register.This final 

rule is not a ‘‘major rule’’ as defined by 

5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

Environmental protection, 

Administrative practice and procedure, 

Agriultural commodities, Pesticides and 

pests, Reporting and recordkeeping 

requirements.

Dated: November 9, 2004.

James Jones,

Director, Office of Pesticide Programs.

[FR Doc. 04–26820 Filed 12–7–04; 8:45 am]

BILLING CODE 6560–50–S

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271

[FRL–7846–2] 

Tennessee: Final Authorization of 

State Hazardous Waste Management 

Program Revision

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Immediate final rule.

SUMMARY: Tennessee 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 

Tennessee’s changes to its 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 February 7, 2005 

unless EPA receives adverse written 

comments by January 7, 2005. If EPA 

receives such comments, 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: Submit your comments by 

one of the following methods: 

• Federal eRulemaking Portal: http://

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• E-mail: gleaton.gwen@epa.gov

• Fax: (404) 562–8439 (prior to 

faxing, please notify the EPA contact 

listed below) 

• Mail: Send written comments to 

Gwen Gleaton at the address listed 

below. 

Instructions: Do not submit 

information that you consider to be CBI 

or otherwise protected through http://

www.regulations.gov, or e-mail. The 

federal regulations.gov website 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 

comments. 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. 

You can view and copy Tennessee’s 

applications from 8 a.m. to 4:30 p.m. at 

the following addresses: Tennessee 

Department of Environment and 

Conservation, Division of Solid Waste 

Management, 5th Floor, L & C Tower, 

401 Church Street, Nashville, Tennessee 

37243–1535; and EPA, Region 4, 

Library, 9th Floor, The Sam Nunn 

Atlanta Federal Center, 61 Forsyth 

Street, SW., Atlanta, Georgia 30303–

3104; (404) 562–8190.

FOR FURTHER INFORMATION CONTACT:

Gwen Gleaton, RCRA Services Section, 

RCRA Programs Branch, Waste 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, The Sam Nunn Atlanta 

Federal Center, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–3104; (404) 562–

8500.

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 Tennessee’s 

application to revise its authorized 

program meets all of the statutory and 

regulatory requirements established by 

RCRA. Therefore, we grant Tennessee 

Final authorization to operate its 

hazardous waste program with the 

changes described in the authorization 

application. Tennessee 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 Tennessee, 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 Tennessee 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. Tennessee 

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: 

• Do inspections, and require 

monitoring, tests, analyses or reports 

• Enforce RCRA requirements and 

suspend or revoke permits 

• 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 Tennessee are 

Federal Register / Vol. 69, No. 235 / Wednesday, December 8, 2004 / Rules and Regulations 70899

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 Tennessee Previously Been 

Authorized for? 

Tennessee initially received final 

authorization on January 22, 1985, 

effective February 5, 1985 (50 FR 2820) 

to implement the RCRA hazardous 

waste management program. We granted 

authorization for changes to Tennessee’s 

program on April 11, 2003, effective 

June 10, 2003 (68 FR 17748), December 

26, 2001, effective February 25, 2002 (66 

FR 66342), October 26, 2000, effective 

December 26, 2000 (65 FR 64161), 

September 15, 1999, effective November 

15, 1999 (64 FR 49998), January 30, 

1998, effective March 31, 1998 (63 FR 

45870), on May 23, 2996, effective July 

22, 1996 (61 FR 25796), on August 24, 

1995, effective October 23, 1995 (60 FR 

43979), on May 8, 1995, effective July 7, 

1995 (60 FR 22524), on June 1, 1992, 

effective July 31, 1992 (57 FR 23063), 

and on June 12, 1987, effective August 

11, 1987 (52 FR 22443). 

G. What Changes Are We Authorizing 

With Today’s Action? 

On October 22, 2004, Tennessee 

submitted final complete program 

revision applications, seeking 

authorization of its changes in 

accordance with 40 CFR 271.21. We 

now make an immediate final decision, 

subject to receipt of comments that 

oppose this action, that Tennessee’s 

hazardous waste program revision 

satisfies all of the requirements 

necessary to qualify for final 

authorization. Therefore, we grant final 

authorization for the following program 

changes:

Description of Federal

Requirement 

Federal

Register

date and page 

Analogous State authority 1

169—Petroleum Refining Process Wastes ............................... 63 FR 42110

08/06/98

Tennessee Revised Code 1200–1–11–.02(1)(c)1(ii)(IV)III, .02(1)(c)3(ii)(II)II & V, 

.02(1)(d)1(xii)(I)–(II), .02(1)(d)1(xx), .02(1)(d)1(xx)(I)–(II), .02(1)(d)1(xxi), 

.02(1)(f)1(iii)(IV)III, .02(1)(f)1(iii)(V), .02(4)(b)1, .02(4)(c), .02(5) Appendix VII, 

.09(8)(a)2(iii), .10(2)(f)1–2, .10(2)(f)2(i)–(v), .10(2)(f)3, .10(3)(a)/Table. 

170—Land Disposal Restrictions Phase IV—Zinc Micronutrient Fertilizers, Amendment.63 FR 46332 

08/31/98

Tennessee Revised Code 1200–1–11–.10(3)(a)9. 

171—Emergency Revision of the Land Disposal Restrictions 

(LDR) Treatment Standards for Listed Hazardous Wastes 

from Carbamate Production.

63 FR 47410

09/04/98

Tennessee Revised Code 1200–1–11–.10(3)(a)7 & 10, .10(3)(a)/Table, .10(3)(i)1/

Table. 

172—Land Disposal Restrictions Phase IV—Extension of 

Compliance Date for Characteristic Slags.

63 FR 48124 

09/09/98

Tennessee Revised Code 1200–1–11–.10(3)(e)2–6. 

173—Land Disposal Restrictions; Treatment Standards for 

Spent Potliners from Primary Aluminum Reduction (K088); 

Final Rule.

63 FR 51254 

09/24/98

Tennessee Revised Code 1200–1–11–.10(2)(j)3, .10(3)(a)/Table. 

175—HWIR Media ..................................................................... 63 FR 6584 

11/30/98

Tennessee Revised Code 1200–1–11–.01(2)(a) intro., .01(2)(a), 

.02(1)(d)7,.02(1)(d)7(i), .02(1)(d)7(ii) intro, .02(1)(d)7(ii)(I)–(IV), .06(1)(b)9, 

.06(1)(b)9(i)–(iii), .06(1)(b)9(iii)(I)–(II), .06(1)(b)9(iv)–(xiii), .06(5)(d)2(xvii), 

.06(6)(1)4, .06(22)(c)1, .06(22)(c)1(i)–(ii), .06(22)(d)1, .06(22)(e) (Note), 

.06(22)(e)1–3, .06(22)(e)3(i)–(iii), .06(22)(e)4, .06(22)(e)4(i), .06(22)(e)4(i)(I)–

(III), .06(22)(e)4(ii), .06(22)(e)4(ii)(I)–(VI), .06(22)(e)5, .06(22)(e)5(i), 

.06(22)(e)5(i)(I)–(II), .06(22)(e)5(ii), .06(22)(e)6, .06(22)(e)6(i)–(iii), .06(22)(e)7–

13, .06(22)(e)9(i), .06(22)(e)9(i)(I)–(II), .06(22)(e)9(ii), .06(22)(e)10(i), 

.06(22)(e)10(I)–(III), .06(22)(e)10(ii)–(iii), .06(22)(e)11(i), .06(22)(e)11(ii), 

.06(22)(e)12(i)–(iv), .06(22)(e)12(i)(I)–(II), .05(1)(b), .10(1)(b)6, .10(4)(a)7, 

.07(2)(a)10(ii), .07(10)(d)3, .07(10)(n)3, .07(1)(1), .07(3)(d)1, .07(11), 

.07(11)(a)1(i)–(vi), .07(11)(a)1(i)–(iv)(I)–(II), .07(11)(a)6(i)–(iii), .07(11)(a)6(i)(I)–

(II), .07(11)(a)11, .07(11)(b) 1, 6, 11, 16, 21, 26, 31, .07(11)(b)16(i)–(ix), 

.07(11)(b)16(v)(I)–(III), .07(11)(b)16(vi)(I)–(III), .07(11)(c)1(i)–(ii), .07(11)(c)6, 

.07(11)(c)6(i)–(iii), .07(11)(c)6(ii)(I)–(IV), .07(11)(c)11, .07(11)(c)11(i)–(iii), 

.07(11)(c)16(i)–(iv), .07(11)(c)16(i)(I)–(IV), .07(11)(c)16(iii)(I)–(IX), 

.07(11)(c)16(iv), .07(11)(c)16(iv)(I)–(III), .07(11)(c)21(i)–(vii), .07(11)(c)21(vi)(I)–

(VII), .07(11)(c)26(i)–(ii), .07(11)(c)26(i)(I)–(III), .07(11)(c)31, .07(11)(c)31(i)–(iii), 

.07(11)(c)36, .07(11)(d)1, .07(11)(d)6(i)–(iii), .07(11)(d)6(i)(I)–(VIII), 

.07(11)(d)11(i)–(ii), .07(11)(d)16, .07(11)(d)21(i)–(iv), .07(11)(d)21(iii)(I)–(III), 

.07(11)(d)26, 31& 36, .07(11)(e)1, .07(11)(e)1(i)–(ii), .07(11)(e)6(i)–(iv), 

.07(11)(e)11(i)–(ii), .07(11)(e)16, .07(11)(f)1(i)–(v), .07(11)(f)1(iv)(I)–(IV), 

.07(11)(f)1(v)(I)–(II). 

176—Universal Waste Rule—Technical Amendments ............. 63 FR 71225 

12/24/98

Tennessee Revised Code 1200–1–11–.09(7)(a)1, .09(7)(a)/Table, .09(7)(a)2, 

.09(7)(a)2(i)–(ii), .09(7)(a)2(i)(I)–(VIII), .09(7)(a)2(ii)(I)–(VII), .12(1)(b). 

70900 Federal Register / Vol. 69, No. 235 / Wednesday, December 8, 2004 / Rules and Regulations 

Description of Federal

Requirement 

Federal

Register

date and page 

Analogous State authority 1

177—Organic Air Emission Standards for Tanks, Surface Impoundments, and Containers.64 FR 3382 

01/21/99

Tennessee Revised Code 1200–1–11–.03(4)(e)2(i)(I)–(II), .06(30)(b), 

.06(32)(a)2(v), .06(32)(d)1(i)(I)–(II), .06(32)(e)8(iii), .06(32)(e)8(iii)(I)–(II), 

.06(32)(g)5(vi), .05(29)(a)2(v), .05(29)(e)1(ii)(I)–(II), .05(29)(e)1(iii)(II)II–IV, 

.05(29)(e)1(iii)(III), .05(29)(e)2(i)(I)–(II), .05(29)(e)2(iii)(II)II & IV, 

.05(29)(e)2(iii)(III), .05(29)(f)8(iii), .05(29)(f)8(iii)(I)–(II), .05(29)(h)5(vi). 

178—Petroleum Refining Process Wastes—Leachate Exemption.64 FR 6806 

02/11/99

Tennessee Revised Code 1200–1–11–.02(1)(d)2(xii), .02(1)(d)2(xii)(I)–(V). 

179—Land Disposal Restrictions Phase IV—Technical Corrections and Clarifications to Treatment Standards.64 FR 25408 

05/11/99

Tennessee Revised Code 1200–1–11–.02(1)(b)3(iii), .02(1)(b)3(iv)/Table, 

.02(1)(b)5(i)(III), .02(1)(d)1(xviii)–(xix), .02(1)(d)1(xix)(V), .02(1)(d)2(xv)(III), 

.02(1)(d)2(xv)(III)(I), .03(4)(e)6(vi),.10(1)(b)4 & 9, .10(1)(g)1(iv)/Table, 

.10(1)(g)2(iii)(II)/Table, .10(1)(g)2(iv)(IV), .10(1)(i)4(ii), .10(1)(i)4(ii)(I), .10(3)(a)9 

& 10,.10(3)(a)/Table, .10(3)(i)1/Table, .10(3)(j)3(iii), .10(3)(j)3(iii)(I)–(II). 

180—Test Procedures for the Analysis of Oil and Grease and 

Non–Polar Material.

64 FR 26315

05/14/99

Tennessee Revised Code 1200–1–11–.01(2)(b)(1(xi) & (xvi). 

181—Universal Waste Rule: Specific Provisions for Hazardous Waste Lamps.64 FR 36466 

07/06/99

Tennessee Revised Code 1200–1–11–.01(2)(a), .12(1)(a) & (b), .02(1)(j), 

.12(1)(a)1(ii) & (iv), .06(1)(b)2(x), .05(1)(b)2(xii), .10(1)(a)6, .07(1)(b)4(ix), 

.12(1)(d)1(i), .12(1)(d)2(ii) & (iii), .12(1)(e)1, .12(1)(f)1, .12(1)(g)1 & 2, 

.12(1)(g)(i) & (ii), .12(1)(g)3, .12(1)(g)3(i) & (ii), .12(1)(h), .12(1)(i), .12(1)(c)1, 

.12(1)(c)1(i) & (ii), .12(1)(c)2, .12(1)(b), .12(1)(6), .12(2)(a), .12(2)(d)4(i), 

.12(2)(d)4(i)(I) & (II), .12(2)(e)5, .12(3)(a), .12(3)(c)2(iv) & (v), .12(3)(d)4(i), 

.12(3)(d)4(i)(I) & (II), .12(3)(e)5, .12(4)(a), .12(4)(a)1, .12(7)(b)1. 

182—NESHAPS: Final Standards for Hazardous Waste Pollutants for Hazardous Waste Combustors.64 FR 52828

09/30/99

64 FR 63209

11/19/99

Tennessee Revised Code 1200–1–11.01(2)(a), .02(4)(i)1(ii)/Table 1, .06(15)(a)2, 

.06(15)(a)2(i) & (ii), .06(15)(a)3–5, .06(27)(b), .05(15)(a), .05(15)(a)2(i) & (ii), 

.05(15)(a)3, .09(8)(a)2–8,.09(8)(a)2(i) & (ii), .09(8)(a)2(ii)(I)–(IV), .09(8)(a)4(i) & 

(iii), .09(8)(a)4(i)(I)–(III), .09(8)(a)4(iii)(I)–(III), .09(8)(b)3, .09(8)(b)3(i), .09(8)(f)3 

& 4, .09(8)(f)3(i)–(iii), .09(8)(m)2(i), .09(8)(m)2(ii)(I), .09(8)(m)2(ii)(I)/Note, 

.09(30) Appendix VIII, .07(5)(b)5, .07(5)(b)5(v), .07(5)(b)8, .07(10) Appendix I, 

.07(1)(e) & (j). 

183—Land Disposal Restrictions Phase IV—Technical Corrections.64 FR 56469

10/20/99

Tennessee Revised Code 1200–1–11–.02(4)(c), .03(4)(e)2(iv), .10(1)(g)1(iii)(III), 

.10(3)(a)10, .10(3)(a)10/Table, .10(3)(j)3(i)(I) & (II). 

184—Accumulation Time for Waste Water Treatment Sludges 65 FR 12378

03/08/00

Tennessee Revised Code 1200–1–11–.03(4)(e), .03(4)(e)2(iv), .03(4)(e)9–11, 

.03(4)(e)9(i)–(iii), .03(4)(e)9(iv) intro, .03(4)(e)9(iv)(I) intro, .03(4)(e)9(iv)(I)I & II, 

.03(4)(e)9(iv)(I)III intro, .03(4)(e)9(iv)(I)III.A & B, .03(4)(e)9(iv)(III)–(V). 

185—Organobromine Appendix Production Wastes Vacatur ... 65 FR 14472

03/17/00

Tennessee Revised Code 1200–1–11–.02(4)(c)/Table, .02(4)(d)6/Table, .02(4) VII 

& VIII, .10(2)(d), .10(3)(a)10/Table, .10(3)(i)/Table. 

187—Petroleum Refining Process Wastes—Clarification ......... 64 FR 36365

06/08/00

Tennessee Revised Code 1200–1–11–.02(4)(b)1/Table, .10(5) Appendix VII. 

188—Hazardous Air Pollutant Standards; Technical Corrections.65 FR 42292 

07/10/00

66 FR 24272 

05/14/01

66 FR 35087 

07/03/01

Tennessee Revised Code 1200–1–11–.02(4)(i)3(ii)(IV), .06(15)(a)2(i), 

.06(15)(a)2(iii), .07(9)(c)5(x)(I). 

189—Chlorinated Aliphatics Listing and LDRs for Newly Identified Wastes.65 FR 67068

11/08/00

Tennessee Revised Code 1200–1–11–.02(4)(c), .02(5) Appendix VII, .02(5) Appendix VIII, .10(2)(d)1–4, .10(2)(d)2(i)–(v), .10(2)(d)4(i) & (ii), .10(3)(a) Table, 

.10(3)(i) Table. 

190—Land Disposal Restrictions Phase IV—Deferral for PCBs 

in Soil.

65 FR 81373

12/26/00

Tennessee Revised Code 1200–1–11–.10(2)(c)1 & 2, .10(2)(c)2(i)(I) & (II), 

.10(2)(c)2(ii)(I) & (II), .10(2)(c)2(iii) & (iv), .10(5) Appendix III, .10(3)(j)4, .10(5) 

Appendix III. 

191—Mixed Waste Rule ............................................................ 66 FR 27218

05/16/01

Tennessee Revised Code 1200–1–11–.09(14)(a)1, .09(14)(b)1 & 6, .09(14)(b)11(i) 

& (ii), .09(14)(c)11(ii)(I)–(V), .09(14)(c)1, .09(14)(d)1(i) & (ii), .09(14)(d)1(i)(I), 

.09(14)(d)1(i)(I)I–III, .09(14)(d)6, .09(14)(d)6(i)(I) & (II), .09(14)(d)6(i)(II)I–IV, 

.09(14)(d)6(ii), .09(14)(e)1(i), .09(14)(e)1(i)(I)–(IV), .09(14)(e)1(ii), .09(14)(f)1(i) & 

(ii), .09(14)(g)1, .09(14)(l)l, .09(14)(m)1, .09(14)(m)1(i) & (ii), .09(14)(n)1, 

.09(14)(n)1(i)–(iv), .09(14)(n)6, 11, 16, 21, & 26, .09(14)(n)16(i)–(iv), 

.09(14)(n)26(i)–(iii), .09(14)(o)1, .09(14)(o)1(i)–(ii), .09(14)(p)1, .09(14)(p)1(i)–

(v), .09(14)(q)1, .09(14)(q)1(i) & (ii), .09(14)(q)1(i)(I)I–III, .09(14)(q)1(II), 

.09(14)(q)1, .09(14)(q)6(i) & (ii), .09(14)(q)6(i)(I) & (II), .09(14)(q)6(i)(II)I–IV. 

192A—Mixture and Derived—From Rules ................................ 66 FR 27266

05/16/01

Tennessee Revised Code 1200–1–11–.02(1)(c)1(ii)(III) & (IV), .02(3)(c)3(ii)(I), 

.02(3)(c)7(i)–(iii), .02(3)(c)7(ii)(I) & (II), .02(3)(c)8(i)–(iii), .02(3)(c)8(ii)(I) & (II) 

192B—Land Disposal Restrictions; Correction ......................... 66 FR 27266

05/16/01

Tennessee Revised Code 1200–1–11–.10(5) Appendix VII. 

193—Change of Official EPA Mailing Address ......................... 66 FR 34374

06/28/01

Tennessee Revised Code 1200–1–11–.01(2)(b)1(xi). 

194—Mixture and Derived—From Rules Revision II ................ 66 FR 50332

10/03/01

Tennessee Revised Code 1200–1–11–.02(1)(c)1(ii)(IV), .02(1)(c)1(ii)(IV)I–VII, 

.02(1)(c)7(iv). 

195—Inorganic Chemical Manufacturing Wastes Identification 

and Listing..

66 FR 58258

11/20/01

67 FR 17119 

04/09/02

Tennessee Revised Code 1200–1–11–.02(1)(d)2(xii), .02(1)(d)2(xii)(I)–(V), 

.02(4)(c), .02(5) Appendix VII, .10(2)(g)1, .10(2)(g)2 intro, .10(2)(g)2(i)–(v), 

.10(2)(g)3, .10(3)(a)10/ Table. 

Federal Register / Vol. 69, No. 235 / Wednesday, December 8, 2004 / Rules and Regulations 70901

Description of Federal

Requirement 

Federal

Register

date and page 

Analogous State authority 1

196—CAMU Amendments ........................................................ 67 FR 2962 

01/22/02

Tennessee Revised Code 1200–1–11–.01 (2)(a), .06(22)(a)1 & 2, .06(22)(b), 

.06(22)(b) intro, .06(22)(c)1, .06(22)(c)1(i)–(v), .06(22)(c)1(i)(I)& (II), 

.06(22)(c)1(i)(II)I & II, .06(22)(c)1(i)(III), .06(22)(c)(iii)(I)–(IV), .06(22)(c)2(i) & (ii), 

.06(22)(c)2(i)(I) & (II), .06(22)(c)3, .06(22)(c)3(i)–(vii), .06(22)(c)4, .06(22)(c)4(i)–

(iii), .06(22)(c)5, .06(22)(c)5(i)–(vi), .06(22)(c)5(ii)(I) & (II), .06(22)(c)5(iii)(II)I & II, 

.06(22)(c)5(iv)(I), .06(22)(c)5(iv)(I)I, .06(22)(c)5(iv)(I)I.A & B, .06(22)(c)5(iv)(I)II & 

III, .06(22)(c)5(iv)(II)–(VII), .06(22)(c)5(iv)(IV)I–VI, .06(22)(c)(5)(iv)(V), 

.06(22)(c)(5)(iv)(V)I–V, .06(22)(c)(5)(iv)(V)V.A–E, .06(22)(c)5(v)(I)–(III), 

.06(22)(c)5(v)(I)–(III), .06(22)(c)5(vi)(I), .06(22)(c)5(vi)(I)I–II, .06(22)(c)5(vi)(II), 

.06(22)(c)5(vi)(II)I–II, .06(22)(c)5(vi)(III), .06(22)(c)5(vi)(III)I–VI, 

.06(22)(c)5(vi)(IV), .06(22)(c)5(vi)(IV)I, .06(22)(c)5(vi)(IV)I.A–E, 

.06(22)(c)5(vi)(IV)II, .06(22)(c)5(vi)(V), .06(22)(c)6, .06(22)(c)6(i) & (ii), 

.06(22)(c)6(ii)(I) & (II), .06(22)(c)7–11, .06(22)(e)1(i) & (ii), .06(22)(f)1, 

.06(22)(f)1(i) & (ii), .06(22)(f)1(ii)(I)–(III), .06(22)(f)1(iii), .06(22)(f)2–7, 

.06(22)(f)5(i)–(vi). 

197—Hazardous Air Pollutant Standards for Combustors: Interim Standards.67 FR 6792 

02/13/02 

Tennessee Revised Code 1200–1–11–.06(15)(a)2(i) & (iv), .06(15)(a)2(iv)(I) & (II), 

.05(15)(a)2(i) & (iii), .09(8)(a)2(ii)(I)–(V), .07(5)(b)5(v), .07(5)(b)8 intro, .07(1)(e) 

intro,.07(1)(j) intro, .07(12)(a)1, .07(12)(a)1(i), .07(12)(a)1(i)(I), .07(12)(a)1(i)(I)I 

& II, .06(12)(a)1(i)(II), .06(12)(a)1(i)(II)I, .07(12)(a)1(i)(II)I.A & B, 

.07(12)(a)1(i)(II)II, .07(12)(a)1(i)(II)II.A & B, .07(12)(a)1(i)(II)II.B(A) & (B), 

.07(12)(a)1(i)(III), .07(12)(a)1(i)(III)I & II, .07(12)(a)1(ii), .07(12)(a)1(ii)(I), 

.07(12)(a)1(ii)(I)I, .07(12)(a)1(ii)(I)I.A & B, .07(12)(a)1(ii)(II), .07(12)(a)1(ii)(II)I.A 

& B, .07(12)(a)1(ii)(II)II, .07(12)(a)1(ii)(II)II.A & B, .07(12)(a)1(ii)(II)II.B(A) & B, 

.07(12)(a)1(ii)(III), .07(12)(a)1(ii)(III)I & II, .07(12)(a)2, .07(12)(a)2(i), 

.07(12)(a)2(i)(I) & (II), .07(12)(a)2(ii). 

198—Hazardous Air Pollutant Standards for Combustors; Corrections.67 FR 6968 

02/14/02 

Tennessee Revised Code 1200–1–11–.09(8)(a)1, .09(8)(a)2(i),.09(8)(a)4(i)(I)II, 

.09(8)(a)4(ii)(I), .09(8)(a)4(ii)(II), .09(8)(a)4(iii) intro, .09(8)(a)4(iii)(I) intro, 

.09(8)(a)4(iii)(I)IV, .07(9)(c)5(x)(I) 

199—Vacatur of Mineral Processing Spent Materials Being 

Reclaimed as Solid Wastes and TCLP Use with MGP 

Waste.

67 FR 11251

03/13/02 

Tennessee Revised Code 1200–1–11–.02(1)(b)3(iii), .02(1)(d)1(xix), 

.02(1)(d)1(xix)(I)–(VI), .02(1)(d)1(xix)(IV)I–III, .02(3)(d)1

1The Tennessee provisions are from the Tennessee Hazardous Waste Management Regulations effective November 28, 2000, October 17, 2001, July 22, 2002, 

October 8, 2002, and January 12, 2004. 

H. Where Are The Revised State Rules 

Different From The Federal Rules? 

There are no State requirements that 

are more stringent or broader in scope 

than the Federal requirements. 

I. Who Handles Permits After the 

Authorization Takes Effect? 

Tennessee 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. At the time the State 

program is approved, EPA will suspend 

issuance of Federal permits in the State. 

EPA will transfer any pending permit 

applications, completed permits or 

pertinent file information to the State 

within thirty days of the approval of the 

State program. 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 Tennessee is not 

yet authorized. 

J. How Does Today’s Action Affect 

Indian Country (18 U.S.C. 115) in 

Tennessee? 

The State of Tennessee’s Hazardous 

Waste Program is not being authorized 

to operate in Indian Country. 

K. What Is Codification and Is EPA 

Codifying Tennessee’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 

RR for this authorization of Tennessee’s 

program changes until a later date. 

L. 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 (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 13084 (63 

FR 27655, May 10, 1998). 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. 

Under RCRA 3006(b), EPA grants a 

State’s application for authorization as 

70902 Federal Register / Vol. 69, No. 235 / Wednesday, December 8, 2004 / Rules and Regulations 

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 

F.R. 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 F.R. 

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 February 7, 

2005.

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: November 16, 2004. 

J.I. Palmer, Jr., 

Regional Administrator, Region 4.

[FR Doc. 04–26943 Filed 12–7–04; 8:45 am] 

BILLING CODE 6560–50–P

DEPARTMENT OF TRANSPORTATION

Research and Special Programs 

Administration 

49 CFR Parts 171, 173, 174, 175, 176, 

177, and 178

[Docket No. RSPA–98–4952 (HM–223)] 

RIN 2137–AC68

Applicability of the Hazardous 

Materials Regulations to Loading, 

Unloading, and Storage

AGENCY: Research and Special Programs 

Administration (RSPA), DOT.

ACTION: Final rule; delay of effective 

date. 

SUMMARY: On October 30, 2003, RSPA 

published a final rule (68 FR 61905) to 

clarify the applicability of the 

Hazardous Materials Regulations to 

loading, unloading, and storage 

operations. RSPA is delaying the 

effective date of the final rule from 

January 1, 2005 until June 1, 2005.

DATES: The effective date of the final 

rule amending 49 CFR parts 171, 173, 

174, 175, 176, 177, and 178 published 

at 68 FR 61905 on October 30, 2003, and 

delayed at 69 FR 30588 on May 28, 

2004, is further delayed until June 1, 

2005.

FOR FURTHER INFORMATION CONTACT:

Susan Gorsky (202) 366–8553, Office of 

Hazardous Materials Standards, 

Research and Special Programs 

Administration; or Donna O’Berry (202) 

366–4400, Office of the Chief Counsel, 

Research and Special Programs 

Administration.

SUPPLEMENTARY INFORMATION: 

I. Background 

On October 30, 2003, the Research 

and Special Programs Administration 

(RSPA, we) published a final rule to 

clarify the applicability of the 

Hazardous Materials Regulations (HMR; 

49 CFR parts 171–180) to specific 

functions and activities, including 

hazardous materials loading and 

unloading operations and storage of 

hazardous materials during 

transportation (68 FR 61906). The final 

rule amended the HMR to incorporate 

the following new definitions and 

provisions: 

• We defined a new term—‘‘pretransportation function’’—to mean a 

function performed by any person that 

is required to assure the safe 

transportation of a hazardous material 

in commerce. When performed by 

shipper personnel, loading of packaged 

or containerized hazardous material 

onto a transport vehicle, aircraft, or 

vessel and filling a bulk packaging with 

hazardous material in the absence of a 

carrier for the purpose of transporting it 

is a pre-transportation function as that 

term is defined in this final rule. Pretransportation functions must be 

performed in accordance with 

requirements in the HMR. 

• We defined ‘‘transportation’’ to 

mean the movement of property and 

loading, unloading, or storage incidental 

to the movement. This definition is 

consistent with the definition of 

‘‘transportation’’ in Federal hazardous 

materials transportation law (Federal 

hazmat law; 49 U.S.C. 5101 et seq.). 

Transportation in commerce begins 

when a carrier takes physical possession 

of a hazardous material for the purpose 

of transporting it and continues until 

delivery of the package to its consignee 

or destination as evidenced by the 

shipping documentation under which 

the hazardous material is moving, such 

as shipping papers, bills of lading, 

freight orders, or similar documentation. 

• We defined ‘‘movement’’ to mean 

the physical transfer of a hazardous 

material from one geographic location to 

another by rail car, aircraft, motor 

vehicle, or vessel. 

• We defined ‘‘loading incidental to 

movement’’ to mean the loading by 

carrier personnel or in the presence of 

carrier personnel of packaged or 

containerized hazardous material onto a 

transport vehicle, aircraft, or vessel for 

the purpose of transporting it. For a bulk 

packaging, ‘‘loading incidental to 

movement’’ means the filling of the 

packaging with a hazardous material by 

carrier personnel or in the presence of 

carrier personnel for the purpose of 

transporting it. Loading incidental to 

movement is regulated under the HMR. 

• We defined ‘‘unloading incidental 

to movement’’ to mean the removal of 

a packaged or containerized hazardous 

material from a transport vehicle, 

aircraft, or vessel or the emptying of a 

hazardous material from a bulk 

packaging after a hazardous material has 

been delivered to a consignee and prior 

to the delivering carrier’s departure 

from the consignee facility or premises. 

Unloading incidental to movement is 

subject to regulation under the HMR. 

Unloading by a consignee after the 

delivering carrier has departed the 

facility is not unloading incidental to 

movement and not regulated under the 

HMR.