[Federal Register Volume 65, Number 209 (Friday, October 27, 2000)]
[Rules and Regulations]
[Pages 64369-64372]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-27142]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-6888-7]


Arizona: Final Authorization of State Hazardous Waste Management 
Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate final rule.

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SUMMARY: Arizona 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 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 
Arizona's changes to their hazardous waste program will take effect as 
provided below. If we get comments that oppose this action, we will 
publish a document in the Federal Register withdrawing this rule before 
it takes effect. A Notice of Proposed Rulemaking is published in this 
Federal Register which authorizes the incorporation of responses to 
comments or changes to the Final Rule.

DATES: This final authorization will become effective on December 26, 
2000 unless EPA receives adverse written comment by November 27, 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 Lisa McClain-Vanderpool, U.S. EPA, 
Waste Management Division, 75 Hawthorne Street, (mailcode WST-3), San 
Francisco, CA 94105. Copies of the Arizona program revision application 
and the materials which EPA used in evaluating the revisions are 
available for inspection and copying from 9:00-4:00 at the following 
addresses: Arizona Department of Environmental Quality, 3033 North 
Central Avenue, Phoenix, AZ 85012 and U.S. EPA Region 9, Library, 75 
Hawthorne Street, 13th Floor, San Francisco, CA 94105; phone (415) 744-
1510.

FOR FURTHER INFORMATION CONTACT: Lisa McClain-Vanderpool at (415) 744-
2086.

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 Arizona's application to revise its authorized 
program meets all of the statutory and regulatory requirements 
established by RCRA. Therefore, we grant Arizona final authorization to 
operate its hazardous waste program with the changes described in the 
authorization application. Arizona 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 on its authority retained by EPA in accordance with RCRA, 
including 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 such requirements and 
prohibitions. Thus, EPA will implement those requirements and 
prohibitions in Arizona, 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 Arizona 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. Arizona continues to have enforcement responsibilities under its 
state law to pursue violations of its hazardous waste program. EPA 
continues to have independent authority under RCRA sections 3007, 3008, 
3013, and 7003, which include, among others, the authority to:
    <bullet> Do inspections, and require monitoring, tests, analyses or 
reports;
    <bullet> Enforce RCRA requirements (including state-issued statutes 
and regulations that are authorized by EPA and any applicable 
federally-issued statutes and regulations) and suspend or revoke 
permits; and
    <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 Arizona 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

[[Page 64370]]

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 Arizona Previously Been Authorized For?

    Arizona initially received Final Authorization on November 20, 1985 
to implement its base hazardous waste management program. Arizona 
received authorization for revisions to its program on August 6, 1991, 
July 13, 1992, November 23, 1992, October 27, 1993, June 12, 1995, May 
6, 1997 and October 28, 1998 (63 FR 57605-57608 effective December 28, 
1998).
    Subsequent of these authorizations the State of Arizona has revised 
its hazardous waste program, making conforming changes to its 
regulations in line with the Federal requirements. The EPA has reviewed 
these changes and has made an immediate final decision, subject to 
receipt of adverse comment, that Arizona's hazardous waste program 
revisions satisfy all of the requirements necessary to qualify for 
final authorization. Consequently, EPA intends to grant final 
authorization for these revisions.

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

    On May 25, 2000, Arizona 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 
Arizona's hazardous waste program revision satisfies all of the 
requirements necessary to qualify for final authorization. These 
provisions are analogous to the indicated RCRA statutory provisions or 
Federal RCRA regulations as of September 9, 1998. The Arizona 
provisions are from the RCRA Cluster VII and VIII hazardous waste 
regulations unless otherwise stated. Therefore, upon authorization, the 
following Arizona hazardous waste requirements that are either 
equivalent or more stringent than the corresponding federal 
requirements will apply in lieu of the federal requirements:

------------------------------------------------------------------------
           State requirement                   Federal requirement
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A.A.C. R18-8-268 amended June 4, 1998..  Land Disposal Restrictions
                                          Phase III--Emergency Extension
                                          of the K066 Capacity Variance;
                                          62 FR 1992, January 14, 1997.
                                          (HSWA) (Checklist 155).
A.A.C. R-18-8-8-260.A, B, C, E & F; R-   Military Munitions Rule 62 FR
 18-8-261.A & B; R-18-8-262.A & B; R-18-  6622, February 12, 1997.
 8-263.A; R-18-8-264.A & C; R-18-8-       (HSWA) (Checklist 156).
 265.A & C; R-18-8-266.A; R-18-8-270.A
 & C; all amended June 4, 1998.
A.A.C. R18-8-261.A & B and A.A.C. R18-8- Land Disposal Restrictions--
 268, amended June 4, 1998.               Phase IV 62 FR 25988, May 12,
                                          1997. (HSWA) (Checklist 157).
A.A.C. R18-8-260.A, B& C; R-18-8-264.A;  Testing and Monitoring
 R-18-8-266.A, amended June 4, 1998.      Activities Amendment III 62 FR
                                          32452, June 13, 1997. (Non-
                                          HSWA) (Checklist 158)
A.A.C. R18-8-261.A & B; A.A.C. R18-8-    Conformance with Carbamate
 268, amended June 4, 1998.               Vacatur 62 FR 32974, June 17,
                                          1997. (HSWA) (Checklist 159)
A.A.C. R18-8-268, amended November 15,   Land Disposal Restrictions--
 1999.                                    Phase III--Emergency Extension
                                          of the K088 Capacity Variance,
                                          Amendment (HSWA) 62 FR 37694,
                                          July 14, 1997. (Checklist 160)
                                         Emergency Revision of the
                                          Carbamate Land Disposal
                                          Restrictions, 62 FR 45568,
                                          August 28, 1997. (HSWA)
                                          (Checklist 161)
                                          Clarification of Standards for
                                          Hazardous Waste LDR Treatment
                                          Variances, 62 FR 64504,
                                          December 5, 1997 (HSWA)
                                          (Checklist 162).
A.A.C. R18-8-264.A, R18-8-265.A and R18- Organic Air Emission Standards
 8-270.A, amended November 15, 1999.      for Tanks, Surface
                                          Impoundments, and Containers;
                                          Classification and Technical
                                          Amendment, 62 FR 64636,
                                          December 8, 1997 (HSWA)
                                          (Checklist 163).
A.A.C. R18-8-261.A & B, amended          Kraft Mill Steam Stripper
 November 15, 1999.                       Condensate Exclusion, 63 FR
                                          18504, April 15, 1998 (Non-
                                          HSWA) (Checklist 164).
A.A.C. R18-8-261 A&b, R18-8-268,         Land Disposal Restrictions
 amended November 15, 1999.               Phase IV--Treatment Standards
However, Arizona is not currently         Metal Wastes and Mineral
 incorporating the mineral processing     Processing Wastes; Hazardous
 secondary materials exclusion portion    Soils Treatment Standards and
 of this rule (Checklist 167 D).          Exclusions; Corrections;
                                          Bevill Exclusion Revisions and
                                          Clarifications; Exclusion of
                                          Recycled Wood Preserving Waste
                                          Waters, 63 FR 28556, May 26,
                                          1998 (HSWA/Non-HSWA)
                                          (Checklists 167 A, B, C, E and
                                          F).
A.A.C. R18-8-261 A&B, R18-8-270.A,       Hazardous Waste Combustors;
 amended November 15, 1999.               Revised Standards, 63 FR
                                          33782, June 19, 1998 (Non-
                                          HSWA) (Checklist 168).
A.A.C. R18-8-268, amended November 15,   Land Disposal Restrictions
 1999.                                    Phase IV--Zinc Micronutrient
                                          Fertilizer, Administrative
                                          Stay, 63 FR 46332, August 31,
                                          1998 (HSWA) (Checklist 170).
                                         Emergency Revision of the Land
                                          Disposal Restrictions
                                          Treatment Standards for Listed
                                          hazardous Waste from Carbamate
                                          Production, 63 FR 47410,
                                          September 4, 1998 (HSWA)
                                          (Checklist 171).
                                         Land Disposal Restrictions
                                          Phase IV--Extension of
                                          Compliance Date for
                                          Characteristics Slags,
                                          September 9, 1998 (HSWA)
                                          (Checklist 172).
------------------------------------------------------------------------


[[Page 64371]]

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

    Arizona has adopted in whole the Federal revisions cited above. 
There are no significant differences between the Federal rules and the 
revised State rules being authorized today.

I. Who Handles Permits After the Authorization Takes Effect?

    Arizona will issue permits for all the provisions for which it is 
authorized and will administer the permits it issues. ADEQ and EPA have 
agreed to a joint permitting process for RCRA permits for those 
provisions of HSWA for which ADEQ does not have authorization. As ADEQ 
receives authorization for additional provision of HSWA, EPA will 
suspend issuance of Federal permits in the state related to those 
provisions.
    Whenever EPA adopts standards under HSWA for activities or wastes 
not currently covered by the authorized program, EPA may process RCRA 
permits in the State for the new or revised HSWA processes until ADEQ 
has received final authorization for the new or revised HSWA standards. 
At the time the ADEQ program is authorized for the new or revised HSWA 
standards, EPA will suspend any permitting activities in those areas. 
EPA will also transfer any pending permit applications, completed 
permits or pertinent file information to ADEQ within thirty days of the 
authorization of new or revised elements of the ADEQ program.

J. How Does Today's Action Affect Indian Country (18 U.S.C. 115) in 
Arizona?

    Arizona is not authorized to carry out its hazardous waste program 
in Indian Country within the State, which includes the Ak Chin Indian 
Community of Papago Indians, Cocopah Tribe of Arizona, Fort McDowell 
Mohave-Apache Indian Community, Gila River Pima-Maricopa Indian 
Community, Havasupai Tribe, Hopi Tribe of Arizona, Hualapai Indian 
Tribe, Kaibab Band of Paiute Indians, Pascua Yaqui Tribe of Arizona, 
Salt River Pima-Maricopa Indian Community, San Carlos Apache Tribe, San 
Juan Southern Paiute Tribe, Tohono O'odham Nation, Tonto Apache Tribe, 
White Mountain Apache Tribe of Fort Apache Reservation, Yavapai-Apache 
Nation of Camp Verde Reservation, Yavapai-Prescott Tribe, Colorado 
River Indian Tribes, Navajo Nation and Fort Mojave Indian Tribe. 
Therefore, this action has no effect on Indian Country. EPA will 
continue to implement and administer the RCRA program in these lands.

K. What Is Codification and Is EPA Codifying Arizona'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 D for authorization of Arizona'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 section 
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 section 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 26, 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).


[[Page 64372]]


    Dated: September 27, 2000.
Felicia Marcus,
Regional Administrator, Region 9.
[FR Doc. 00-27142 Filed 10-26-00; 8:45 am]
BILLING CODE 6560-50-P