Federal Register / Vol. 65, No. 193 / Wednesday, October 4, 2000 / Rules and Regulations 59135

* * * * *

[FR Doc. 00–25226 Filed 10–3–00; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 271

[FRL–6879–3]

South Carolina: Final Authorization of

State Hazardous Waste Management

Program Revision

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Immediate final rule.

SUMMARY: South Carolina 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 South

Carolina’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 4, 2000,

unless EPA receives adverse written

comment by November 3, 2000. 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

Narindar Kumar, Chief RCRA Programs

Branch, Waste Management Division,

U.S. Environmental Protection Agency,

Atlanta Federal Center, 61 Forsyth

Street, SW., Atlanta, GA, 30303–3104;

(404) 562–8440. You can view and copy

South Carolina’s application from 9:00

a.m. to 4:00 p.m. at the following

addresses: South Carolina Department

of Health and Environmental Control,

2600 Bull Street, Columbia, South

Carolina 29201, (803) 896–4174; and

EPA Region 4, Atlanta Federal Center,

Library, 61 Forsyth Street, SW., Atlanta,

Georgia 30303; (404) 347–4216.

FOR FURTHER INFORMATION CONTACT:

Narindar Kumar, Chief RCRA Programs

Branch, Waste Management Division,

U.S. Environmental Protection Agency,

Atlanta Federal Center, 61 Forsyth

Street, SW., Atlanta, GA, 30303–3104;

(404) 562–8440.

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 South Carolina’s

application to revise its authorized

program meets all of the statutory and

regulatory requirements established by

RCRA. Therefore, we grant South

Carolina Final authorization to operate

its hazardous waste program with the

changes described in the authorization

application. South Carolina 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 South Carolina,

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 South Carolina 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. South

Carolina 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 South Carolina 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.

59136 Federal Register / Vol. 65, No. 193 / Wednesday, October 4, 2000 / Rules and Regulations

F. What Has South Carolina Previously

Been Authorized for?

South Carolina initially received Final

authorization on November 8, 1985,

effective November 22, 1985 (50 FR

46437) to implement the RCRA

hazardous waste management program.

We granted authorization for changes to

their program on September 8, 1988,

effective November 7, 1988 (53 FR

34758), February 10, 1993, effective

April 12, 1993 (58 FR 7865), November

29, 1994, effective January 30, 1995, and

April 26, 1996, effective June 25, 1996

(61 FR 18502).

G. What Changes Are We Authorizing

With Today’s Action?

On September 11, 1995, South

Carolina submitted a final complete

program revision application, seeking

authorization of their changes in

accordance with 40 CFR 271.21. We

now make an immediate final decision,

subject to receipt of written comments

that oppose this action, that South

Carolina’s hazardous waste program

revision satisfies all of the requirements

necessary to qualify for Final

authorization. As a result of today’s

final authorization of South Carolina for

the February 16, 1993 Corrective Action

Management Unit (CAMU) rule, the

State will be eligible for interim

authorization-by-rule process (see

August 22, 2000, 65 FR 51080, 51115).

South Carolina will also become eligible

for conditional authorization if that

alternative is chosen by EPA in the final

CAMU amendments rule. Therefore, we

grant South Carolina Final authorization

for the following program changes:

Federal requirement Federal Register Analogous state authority 1

Wood Preserving Listing Technical Corrections,

Checklist 92.

56 FR 30192, 07/01/1992 ....... SCHWMA § 44–56–30; SCHWM R.61–261.4(a)(9)(i)–(a)(9)(ii),

R.61–79.261.35(b)–(b)(4)(i), R.61–79.262.34(a)(1)–(a)(4),

R.61–79.264.570(a), (b), R.61–79.264.571(a)–(d), R.61–

79.264.572, R.61–79.264.573, R.61–79.264.573(a)(5),

R.61–79.264.573(b)(2)(i)(B), R.61–79.264.573(b)(2)(ii),

R.61–79.264.573(e), R.61–79.264.573(m), R.61–

79.264.573(m)(1), R.61–79.264.573(m)(3), R.61–

79.264.574, R.61–79.264.547(a), R.61–79.264.575, R.61–

79.264.575(b), R.61–79.264.575(c)(1), R.61–79.265.440(a),

R.61–79.265.443(b)(2)(ii)–(iii) R.61–79.265.443(m), R.61–

79.265.443(m)(1), R.61–79.265.443(m)(3), R.61–79.270.26,

R.61–79.270.26(c), R.61–79.270.26(c)(14)–(16).

Land Disposal Restrictions for Electric Arc Furnace Dust (K061), Checklist 95.56 FR 41164, 08/19/1991 ....... SCHWMA § 44–56–30; SCHWM R.61–79.261.3(c)(2)(ii)(C),

R.61–79.261.4(a)(11), R.61–79.268.4(a)/Table CCWE,

R.61–79.268.41(b), R.61–79.268.42(a)/Table 2.

Exports of Hazardous Waste, Checklist 97 ....... 56 FR 43704, 09/04/1991 ....... SCHWMA § 44–56–30; SCHWM R.61–79.262.50, R.61–

79.262.53(b), R.61–79.262.56(b).

Amendment to Interim Status Standards of

Downgradient Groundwater Monitoring Well

Location, Checklist 99.

56 FR 66365, 12/23/1991 ....... SCHWMA § 44–56–30, § 44–56–40; SCHWM R.61–

79.260.10, R.61–79.265.91(a)(3), R.61–79.265.91(a)(3)(i)–

(iv).

Liners and Leak Detection Systems for Hazardous Waste Land Disposal Units, Checklist

100.

57 FR 3462, 01/29/1992 ......... SCHWMA § 44–56–30; SCHWMA § 44–56–90; SCHWM

R.61–79.260.10, R.61–79.264.15(b)(4), R.61–79.264.19(a)–

(d), R.61–79.264.73(b)(6), R.61–79.264.221(c), R.61–

79.264.221(c)(1)(i)(A), R.61–79.264.221(c)(1)(i)(B), R.61–

79.264.221(c)(1)(ii), R.61–79.264.221(c)(2)–(c)(4), R.61–

79.264.221(d), R.61–79.264.221(d)(1)–(d)(2), R.61–

79.264.221(f)(1)–(f)(2), R.61–79.264.221(g)–(i), R.61–

79.264.222(a)–(b), R.61–79.264.223(a)–(c)(2), R.61–

79.264.226(d)(1)–(d)(3), R.61–79.264.228(b)(2)–(b)(4),

R.61–79.264.251(c)–(k), R.61–79.264.252(a)–(b), R.61–

79.264.253(a)–(c)(2), R.61–79.264.254(c), R.61–

79.264.301(c)–(k), R.61–79.264.302(a),(b), R.61–

79.264.303(c)(1)–(c)(3), R.61–79.264.304(a)–(c)(2), R.61–

79.264.310(b)(3)–(b)(6), R.61–79.265.15(b)(4), R.61–

79.265.19(a)–(d), R.61–79.265.73(b)(6), R.61–

79.265.221(a), R.61–79.265.221(c)–(c)(2), R.61–

79.265.221(f), R.61–79.265.221(g), R.61–79.265.222(a)–

(c), R.61–79.265.223(a)–(c)(2), R.61–79.265.226(b)(1)–

(b)(3), R.61–79.265.228(b)(2)–(b)(4), R.61–79.265.254,

R.61–79.265.255(a)–(c), R.61–79.265.259(a)–(c)(2), R.61–

79.265.260, R.61–79.265.301(a), R.61–79.265.301(c)–

(c)(2), R.61–79.265.301(f)–(i), R.61–79.265–302(a)–(c),

R.61–79.265.301(i), R.61–79.265.303(a)–(c)(2), R.61–

79.265.304(a)–(c), R.61–79.265.310(b)(2)–(b)(5), R.61–

79.270.4(a)–(a)(3), R.61–79.270.17(b)–(b)(7), R.61–

79.270.17(c), R.61–79.270.18(c)–(d), R.61–79.270.21(b)–

(b)(1)(v), R.61–79.270.21(d), R.61–79.270.42/ Appendix 1.

Administrative Stay for the Requirement that

Existing Drip Pads be Impermeable, Checklist 101.

57 FR 5859, 02/18/1992 ......... SCHWMA § 44–56–30; SCHWMA § 44–56–40; SCHWM

R.61–79.264.573(a)(4)/note, R.61–79.265.443(a)(4)/note.

Second Correction to the Third Third Land Disposal Restrictions, Checklist 102.57 FR 8086, 03/06/1992 ......... SCHWMA § 44–56–30; SCHWM R.61–79.264.13(a)(1), R.61–

79.268.3(b), R.61–79.268.41(a), R.61–79.268.42/Table 2.

Hazardous Debris Case-by-Case Capacity

Variance, Checklist 103.

57 FR 20766, 05/15/1992 ....... SCHWMA § 44–56–30; SCHWM R.61–79.268.35(e).

Used Oil Filter Exclusion, Checklist 104 ........... 57 FR 21524, 05/20/1992 ....... SCHWMA § 44–56–30; SCHWMA § 44–56–40; SCHWM

R.61–79.261.4(b)(13), R.61–79.261.4(b)(13)(i)–(iv).

Federal Register / Vol. 65, No. 193 / Wednesday, October 4, 2000 / Rules and Regulations 59137

Federal requirement Federal Register Analogous state authority 1

Recycled Coke By-Product Exclusion, Checklist

105.

57 FR 27880, 06/22/1992 ....... SCHWMA § 44–56–30; SCHWM R.61–79.261.4(a)(10), R.61–

79.266.100(a).

Lead-bearing Hazardous Materials Case by

Case Variance, Checklist 106.

57 FR 28628, 06/26/1992 ....... SCHWMA § 44–56–30; SCHWM R.61–79.268.35(k).

Used Oil Filter Exclusion; Technical Corrections, Checklist 107.57 FR 29220, 07/01/1992 ....... SCHWMA § 44–56–30; SCHWMA § 44–56–40; SCHWM

R.61–79.261.4(b)(13).

Toxicity Characteristics Revising Technical Corrections, Checklist 108.57 FR 30657, 07/10/1992 ....... SCHWMA § 44–56– ; SCHWM R.61–79.261.4(b)(6)(ii), R.61–

79.261.4(b)(9), R.61–79.265.01(d)(1).

Land Disposal Restrictions for Newly Listed

Waste and Hazardous Debris, Checklist 109.

57 FR 37194, 08/18/1992 ....... SCHWMA § 44–56–30; SCHWM R.61–79.260.10. R.61–

79.261.3(a)(2)(iii), R.61–79.261.3(c)(2)(ii)(C)(1)–(2), R.61–

79.261.3(f)–(f)(2), R.61–79.262.34(a)(1)(iii), R.61–

79.262.34(a)(1)(iii)(B), R.61–79.262.34(a)(1)(iv), R.61–

79.262.34(a)(1)(iv)(A)–(B), R.61–79.262.34(a)(2), R.61–

79.264.110(b)(1)–(4), R.61–79.264.111(c), R.61–

79.264.112(a)(2), R.61–79.264.140(b)(1)–(b)(4), R.61–

79.264.142(a), R.61–79.264.1100, R.61–79.264.1100(a)–

(e), R.61–79.264.1101(a)–(a)(4), R.61–79.264.1101(b)–

(b)(4)(iii), R.61–79.264.1101(c)–(c)(4), R.61–

79.264.1101(d)–(d)(3), R.61–79.264.1101(e), R.61–

79.264.1102(a), R.61–79.264.1103–1110, R.61–

79.265.110(b)(1)–(b)(4), R.61–79.265.111(c), R.61–

79.265.112(d)(4).

Land Disposal Restrictions for Newly Listed

Waste and Hazardous Debris, cont, Checklist

109.

57 FR 37194, 08/18/92 ........... R.61–79.265.140(b)–(b)(3), R.61–79.265.142(a), R.61–

79.265.221(h), R.61–79.265.1100, R.61–79.265.1100(a)–

(e), R.61–79.265.1101(a)–(a)(4), R.61–79.265.1101(b)–

(b)(4)(iii), R.61–79.265.1101(c)–(c)(4), R.61–

79.264.151(m)(1)–(m)(2), R.61–79.264.151(n)(1)–(n)(2),

R.61–79.265.141(h), R.61–79.265.143(e)(10)–(e)(11),

R.61–79.265.1101(d)–(e), R.61–79.265.1102(a),(b), R.61–

79.265.1103–1110, R.61–79.268.2(g),(h), R.61–

79.268.7(a)(1)(iii)–(v), R.61–79.268.7(a)(2), R.61–

79.268.7(a)(3)(iv)–(vi), R.61–79.268.7(a)(4), R.61–

79.268.7(b)(4)–(b)(5), R.61–79.268.7(d)–(d)(3)(iii), R.61–

79.268.9(d)–(d)(2), R.61–79.268.14(a)–(c), R.61–

79.268.36(a)–(i), R.61–79.268.40(b),(d), R.61–79.268.41(a),

R.61–79.268.41(c), R.61–79.268.41(a)/Table CCWE, R.61–

79.268.41(c), R.61–79.268.42/Table 2, R.61–79.268.42(d),

R.61–79.268.43/Table CCW, R.61–79.268.45(a)–(a)(5),

R.61–79.268.45(b)–(b)(3), R.61–79.268.45(c), R.61–

79.268.45(d)(1)–(d)(5), R.61–79.268.46, R.61–79.268.46/

Table 1, R.61–79.268.50(a)(1)–(a)(2), Appendix II, R.61–

79.270.13(n), R.61–79.270.14(b)(2), R.61–

79.270.42(e)(3)(ii)(B), R.61–79.270.42 Appendix I, 1(b),

R.61–79.270.42 Appendix I, M, R.61.270.72(b)(6).

Coke By-Products Listings, Checklist 110 ......... 57 FR 37284, 08/18/92 ........... SCHWMA § 44–56–30; SCHWM R.61–79.261.4(a)(10); R.61–

79.261.32; R.61–79.261, Appendix VII.

Consolidated Liability Requirements, Checklist

113.

53 FR 33938, 07/02/91 57 FR

42832, 08/16/92.

SCHWMA § 44–56–30; SCHWMA § 44–56–40; SCHWM

R.61–79.264.141(h), R.61–79.264.143(f)(10)–(11), R.61–

79.264.145(e)(11), R.61–79.264.147(a)–(a)(7)(iii), R.61–

79.147(b)–(b)(7)(iii), R.61–79.264.147(f)(6), R.61–

79.264.147(g)–(g)(2)(ii), R.61–79.264.147(h)–(h)(5), R.61–

79.264.147(i)–(i)(4)(ii), R.61–79.264.147(j)–(j)(4), R.61–

79.264.147(k), R.61–79.264.151(b), R.61–79.264.151(f),

R.61–79.264.151(g), R.61–79.264.151(h)(1)–(h)(2), R.61–

79.264.151(i)(2)(d), R.61–79.264.151(j)(2)(d), R.61–

79.264.151(k),(l), R.61–79.264.151(m)(1)–(m)(2), R.61–

79.264.151(n)(1)–(n)(2), R.61–79.265.141(h), R.61–

79.265.143(e)(10), R.61–79.264.145(e)(11), R.61–

79.265.147(a)–(a)(7)(iii), R.61–79.265.147(b)–(b)(7)(iii),

R.61–79.265.147(f)(6), R.61–79.265.147(g)–(g)(2)(ii), R.61–

79.265.147(h)–(h)(5), R.61–79.265.147(i)–(i)(4)(ii), R.61–

79.147(j)–(j)(4), R.61–79.147(k).

Chlorinated Toluenes Production Waste Listing,

Checklist 115.

57 FR 47376, 10/15/92 ........... SCHWMA § 44–56–30; SCHWM R.61–79.261.32; Appendix

VII.

Hazardous Soil Case-by-Case Capacity Variance, Checklist 116.57 FR 47772, 10/20/92 ........... SCHWMA § 44–56–30; SCHWM R.61–79.268.35(c), R.61–

79.268.35(d), R.61–79.268.35(e)–(e)(2).

Reissuance of the ‘‘Mixture’’ and ‘‘DerivedFrom’’ Rules, Checklist 117A.57 FR 6728, 03/03/92 ............. SCHWMA § 44–56–30, § 44–56–40; SCHWM R.61–

79.261.3(a)–(a)(2)(iv)(E), R.61–79.261.3(b)–(b)(3), R.61–

79.261.3(c)–(c)(2)(ii)(c)(1)&(2), R.61–79.261.3(d)–(d)(2).

Toxicity Characteristic Amendment, Checklist

117B.

57 FR 23062, 06/01/92 ........... SCHWMA § 44–56–30; SCHWMA § 44–56–40; SCHWM

R.61–79.261.3(a)(2)(i).

59138 Federal Register / Vol. 65, No. 193 / Wednesday, October 4, 2000 / Rules and Regulations

Federal requirement Federal Register Analogous state authority 1

Liquid in Landfills II, Checklist 118 .................... 57 FR 54452, 11/18/92 ........... SCHWMA § 44–56–30; SCHWM R.61–79.260.10, R.61–

79.264.13(c)(3), R.61–79.264.314(a)(2), R.61–

79.264.314(b), R.61–79.314(d)(1)(ii), R.61–79.264.314(e),

R.61–79.264.314(e)(1)–(e)(2)(ii), R.61–79.264.314(f)–(f)(2),

R.61–79.264.316(b), R.61–79.264.316(c), R.61–

79.265.13(c)(3), R.61–79.265.314(a)(2), R.61–

79.265.314(b), R.61–79.265.314(c)(1)(ii), R.61–

79.265.314(f), R.61–79.265.314(f)(1)–(f)(2)(ii), R.61–

79.265.314(g)–(g)(2), R 61–79.265.316(b), R.61–

79.265.316(c).

Toxicity Characteristic Revision; TCLP correction, Checklist 119.57 FR 44114, 11/24/92; 58 FR

6854, 02/02/93.

SCHWMA § 44–56–30; SCHWMA § 44–56–40; SCHWM

R.61–79.261; Appendix II.

Wood Preserving; Revisions to Listing and

Technical Requirements, Checklist 120.

57 FR 61492, 12/24/92 ........... SCHWMA § 44–56–30; SCHWMA § 44–56–40; SCHWM

R.61–79.261.31(a)/Table R.61–79.264.570(a), R.61–

79.264.570(c)–(c)(1)(iv), R.61–79.264.571(a), R.61–

79.264.571(b)–(b)(3), R.61–79.264.572, R.61–

79.264.572(a), R.61–79.265.572(b), R.61–

79.265.573(a)(4)(i)–(ii), R.61–79.265.573(b), R.61–

79.264.573(b)(3), R.61–79.264.573(i), R.61–79.265.440(a),

R.61–79.265.440(c)–(c)(1)(iv), R.61–79.265.441(a), R.61–

79.265.441(b)–(b)(3), R.61–79.265.442, R.61–

79.265.442(a),(b), R.61–79.265.443(a)(4)(i)–(ii), R.61–

79.265.443(b), R.61–79.265.443(b)(3), R.61–79.265.443(i).

Corrective Action Management Units and Temporary Units, Checklist 121.58 FR 8658, 02/16/93 ............. SCHWMA § 44–56–30; SCHWMA § 44–56–40; SCHWMA

§ 44–56–140; SCHWM R.61–79.260.10, R.61–79.264.3,

R.61–69.264.101(b), R.61–79.264.552(a)–(a)(2), R.61–

79.264.552(b)(1)–(b)(2), R.61–79.264.552(c)–(c)(7), R.61–

79.264.552(d), R.61–79.264.552(e)–(e)(4)(iv), R.61–

79.264.552(f)–(h), R.61–79.264.553(a), R.61–

79.264.553(b)–(b)(2), R.61–79.264.53(c)–(c)(7), R.61–

79.264.553(d), R.61–79.264.553(e)–(e)(2), R.61–

79.264.553(f)–(f)(2), R.61–79.264.553(g), R.61–

79.265.1(b), R.61–79.268.2(c), R.61–79.270.2, R.61–

79.260.42 Appendix 1.

Land Disposal Restrictions Renewal of Hazardous Waste Debris Case-by-Case Capacity

Variance, Checklist 123.

58 FR 28506, 05/14/93 ........... SCHWMA § 44–56–30; SCHWM R.61–79.268.35(e)(1), R.61–

79.268.35(e)(2)–(e)(5), R.61–79.268.35(e)(5)(i)–(e)(5)(ii)(H).

Land Disposal Restriction for Ignitable and Corrosive Characteristic Waste Whose Treatment Standards were Vacated, Checklist 124.58 FR 29860, 05/24/93 ........... SCHWMA § 44–56–30; SCHWM R.61–79.264.1(g)(6), R.61–

79–265.1.(c)(10), R.61–79.268.1(e)(4)–(e)(5), R.61–

79.268.2(i), R.61–79.268.7(a), R.61–79.268.7(a)(1)(ii),

R.61–79.268.7(b)(4)(ii), R.61–79.268.9(a), R.61–

79.268.37(a),(b), R.61–79.268.40(b), R.61–

69.268.41(a),Table CCWE, R.61–79.268.42(a), Table 2,

R.61–79.268.43(a), Table CCW, R.61–79.270.42 Appendix

1.

Testing and Monitoring Activities, Checklist 126 58 FR 46040, 08/31/93 ........... SCHWMA § 44–56–30; SCHWMA § 44–56–40; SCHWMA

§ 44–56–120; SCHWM R.61–79.260.11(a), R.61–

79.260.22(d)(1)(i), R.61–79.261.22(a)(1)–(a)(2), R.61–

79.261.24(a), Appendix II, Appendix III, R.61–

79.264.190(a), R.61–79.264.314(c), R.61–79.265.190(a),

R.61–79.265.314(d), R.61–79.268.7(a), R.61–79.268.40(a),

R.61–79.268.41(a), R.61–79.268 Appendix I, R.61–79.268

Appendix IX, R.61–79.270.6(a), R.61–79.270.19(c)(1)(iii),

R.61–79.270.19(c)(1)(iv), R.61–79.270.62(b)(2)(i)(C), R.61–

79.270.62(b)(2)(i)(D), R.61–79.270.66(C)(2)(i), R.61–

69.270.66(c)(2)(ii).

Wastes from the Use of Chlorophenolic Formulations in Wood Surface Protection, Checklist

128.

59 FR 458, 01/04/94, .............. SCHWMA § 44–56–30; SCHWMA § 44–56–40; SCHWM

R.61–79.260.11(a); Appendix VIII.

Revision of Conditional Exemption for Small

Scale Treatability Studies, Checklist 129.

59 FR 8362, 02/18/94 ............. SCHWMA § 44–56–30; SCHWMA § 44–56–40; SCHWM

R.61–79.261.4(e)(2)(i), R.61–79.261.4(e)(2)(ii), R.61–

79.261.4(e)(3), R.61–79.261.4(e)(3)(i)–(iii)(E), R.61–

79.261.4(f)(3)–(f)(5).

Recordkeeping Instructions; Technical Amendment, Checklist 131.59 FR, 13891, 03/24/94 .......... SCHWMA § 44–56–30; SCHWMA § 44–56–80; SCHWM

R.61–79.264, Appendix 1/Table 1, Appendix 1/Table 2,

R.61–79.265, Appendix 1/Table 1, Appendix 1/Table 2.

Wood Surface Protection, Correction, Checklist

132.

59 FR 28484, 06/02/94 ........... SCHWMA § 44–56–30; SCHWMA § 44–56–40; SCHWM

R.61–79.260.11(a).

Letter of Credit Revision, Checklist 133 ............ 59 FR, 29958, 06/10/94 .......... SCHWMA § 44–56–30; SCHWMA § 44–56–40; SCHWM

R.61–79.264.151(d), Appendix D, R.61–79.264.151(k), Appendix K.

Federal Register / Vol. 65, No. 193 / Wednesday, October 4, 2000 / Rules and Regulations 59139

Federal requirement Federal Register Analogous state authority 1

Correction of Beryllium Powder (PO15) Listing,

Checklist 134.

59 FR, 31551, 06/20/94 .......... SCHWMA § 44–56–30; SCHWMA § 44–56–40; SCHWM

R.61–79.268.42(a)/Table 2, R.61–79.261.33(e), Appendix

VIII.

1The South Carolina provisions are from the South Carolina Hazardous Waste Management Regulations, May 24, 1996, unless otherwise

stated.

H. Where Are the Revised State Rules

Different From the Federal Rules?

EPA cannot delegate the Federal

requirements at: 40 CFR 268.5 (h)(2)(ii),

268.5(h)(2)(iv), 268.5(h)(2)(v),

268.5(h)(2)(vi) and 268.42(b). Although

South Carolina has adopted these

requirements verbatim from the federal

regulations—SCHWM R.61–79.268.5

(h)(2)(ii), R.61–79.268.5 (h)(2)(iv), R.61–

79.268.5 (h)(2)(v), R.61–79.268.5

(h)(2)(vi) and R.61–79.268.42(b), EPA

will continue to implement those

requirements.

I. Who Handles Permits After the

Authorization Takes Effect?

South Carolina 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 in the new areas,

EPA will suspend issuance of Federal

permits in the State and terminate those

Federal permits issued pursuant to 40

CFR 124.5 and 271.8 upon effectiveness

of equivalent state permit conditions.

EPA will also transfer any pending

permit applications, completed permits,

or pertinent file information to the State

within thirty (30) days of the approval

of the State Program in conformance

with the conditions of this agreement.

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 South Carolina

is not yet authorized.

J. What Is Codification and is EPA

Codifying South Carolina’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

PP for this authorization of South

Carolina’s program 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 (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

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 4,

2000.

List of Subjects in 40 CFR Part 271

Environmental protection,

Administrative practice and procedure,

Confidential business information,

Hazardous waste, Hazardous waste

transportation, Indian lands,

Intergovernmental relations, Penalties,

Reporting and recordkeeping

requirements.

Authority: This action is issued under the

authority of sections 2002(a), 3006 and

7004(b) of the Solid Waste Disposal Act as

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

59140 Federal Register / Vol. 65, No. 193 / Wednesday, October 4, 2000 / Rules and Regulations

Dated: September 15, 2000.

A. Stanley Meiburg,

Acting Regional Administrator, Region IV.

[FR Doc. 00–25345 Filed 10–3–00; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 25

[IB Docket 99–81; FCC 00–302]

Policies and Service Rules for the

Mobile Satellite Service in the 2 GHz

Band

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Federal Communications

Commission has adopted licensing and

service rules for entities to provide

Mobile Satellite Service in the 2 GHz

Band, specifically the 1990–2025 MHz

and 2165–2200 MHz frequency bands.

System proponents currently on file are

required to amend their proposals to

comply with the adopted rules.

Following a public comment period,

qualified systems will be authorized to

operate. Upon launch, these new

systems will provide mobile voice, data,

Internet and other services to U.S.

consumers for communications in the

United States and around the world.

DATES: Effective November 3, 2000.

ADDRESSES: Federal Communications

Commission, 445 12th Street, SW., TW–

325, Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: For

more information regarding the Report

and Order contact Howard Griboff (202)

418–0657 of the International Bureau.

For more information regarding the

information collections in the Report

and Order, contact Judy Boley at 202–

418–0214; 445 12th Street SW., Rm. 1–

C804, Washington DC 20554 or via

internet at jboley@fcc.gov.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Report

and Order in IB Docket No. 99–81; FCC

00–302, adopted August 14, 2000 and

released on August 25, 2000. The

complete text of this Report and Order

is available for inspection and copying

during normal business hours in the

FCC Reference Center (Room), 445 12th

Street, SW., Washington, DC 20554, and

also may be purchased from the

Commission’s copy contractor,

International Transcription Service, Inc.

(ITS, Inc.), 1231 20th Street, NW.,

Washington, DC 20036, (202) 857–3800.

Summary of Report and Order

The Federal Communications

Commission has adopted rules for the 2

GHz (1990–2025MHz/2165–2200 MHz)

mobile satellite services (MSS). These

systems will provide mobile voice, data,

Internet and other services to U.S.

consumers for communications in the

United States and around the world.

The systems under consideration

include geostationary and nongeostationary orbit systems.

The Commission adopted an

innovative band arrangement that can

accommodate the multiple and

technically-diverse systems that have

requested authorization and described

the method to be used for licensing.

Pursuant to the Commission’s new

rules, each authorized system will

receive an equal share of the available

frequencies. A licensee will select the

specific frequencies in which its

primary service operations will take

place at the time it has launched one

satellite into its intended orbit. In

addition, because there are a number of

incumbent terrestrial services (e.g.,

broadcast auxiliary service and and

fixed microwave service) in the 2 GHz

MSS bands, each authorized system will

have flexibility to operate at other

frequencies in the band. This flexibility

may lower the costs of relocating

incumbent systems and facilitate

quicker deployment of service. To

encourage delivery of mobile satellite

services to rural service areas, the

Commission reserved an additional

spectrum segment to be awarded in

equal shares to systems demonstrating

that a percentage of their capacity is

contracted with service providers that

offer service to consumers in rural and

unserved service areas.

The Commission found that it was not

necessary to apply financial

qualification requirements to the

applicants because there is sufficient

spectrum to accommodate all of the

proposed systems. 2 GHz MSS licenses

will be for a fifteen-year period.

Consistent with its past spectrum

management policies, the Commission

is requiring that system proponents

enter non-contingent satellite

manufacturing contracts within one year

of authorization and launch of

authorized 2 GHz MSS systems no later

than six years from the date of

authorization. System proponents will

have to complete critical design review

(CDR) within two years of authorization.

The rules require that physical

construction of all satellites in the

system commence within two and a half

years of authorization (nongeostationary systems) and three years

of authorization (geostationary systems).

Construction and launch of the first two

satellites must be complete within three

and a half years of grant for nongeostationary systems and five years for

geostationary systems. Non-compliance

with implementation milestones will

result in cancellation of the

authorization. Failure to file a timely

certification of milestone compliance, or

filing disclosure of non-compliance,

will result in automatic cancellation of

an operator’s system authorization with

no further action required on the

Commission’s part.

In addition, the new rules require

disclosure, prior to authorization, of

orbital debris mitigation measures for 2

GHz MSS systems. The Commission

also addressed provision of distress and

safety communications and 911

services, and stated that it would study

this issue in greater detail in the

pending Global Mobile Personal

Communications by Satellite

proceeding.

The system proponents are required

to amend their proposals to comply

with the rules adopted on or before

November 3, 2000. Following a public

comment period, qualified systems will

be authorized to operate.

Final Regulatory Flexibility Analysis

A. Need for, and Objectives of, This

Report and Order

This Report and Order establishes a

spectrum authorization approach to

accommodate all proposed 2 GHz MSS

systems, and service rules to govern the

2 GHz MSS systems. These actions are

designed to assign the 2 GHz MSS

spectrum to applicants, or reserve the 2

GHz MSS spectrum in the case of letter

of intent filers, in an efficient manner.

At the same time, these rules are

designed to ensure systems implement

their proposals in a manner that serves

the public interest and results in the

continued deployment of mobile

satellite services to the public, with

minimal disruption to existing 2 GHz

band permittees and licensees.

B. Summary of Significant Issues Raised

in Comments in Response to the IRFA

There were no comments which

solely discussed or addressed the IRFA.

The Commission has nonetheless

considered any potential significant

economic impact of the rules on small

entities, and has designed its rules to

reduce regulatory burdens on these

entities accordingly.