Federal Register / Vol. 65, No. 208 / Thursday, October 26, 2000 / Rules and Regulations 64161

PART 70—[AMENDED]

1. The authority citation for Part 70

continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.

2. Appendix A to Part 70 is amended

by adding paragraph (g) to the entry for

Missouri to read as follows:

Appendix A to Part 70—Approval

Status of State and Local Operating

Permits Programs

* * * * *

Missouri

* * * * *

(g) The Missouri Department of Natural

Resources submitted Missouri rule 10 CSR

10–6.110, Submission of Emission Data,

Emission Fees, and Process Information on

May 22, 2000, approval effective December

26, 2000.

* * * * *

[FR Doc. 00–27148 Filed 10–25–00; 8:45 am]

BILLING CODE 6560–50–U

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 63

[AD–FRL–6892–4]

RIN 2060–AH47

National Emission Standards for

Hazardous Air Pollutant Emissions:

Group IV Polymers and Resins

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Withdrawal of direct final rule.

SUMMARY: Because EPA received

adverse comment, we are withdrawing

the direct final rule published on

August 29, 2000 (65 FR 52319) to

indefinitely stay the compliance date for

the process contact cooling tower

(PCCT) provisions for existing affected

sources producing poly(ethylene

terephthalate) (PET) using the

continuous terephthalic acid (TPA) high

viscosity multiple end finisher process.

We stated in that direct final rule that

if we received adverse comment by

September 28, 2000, we would publish

a timely withdrawal in the Federal

Register. We subsequently received

adverse comment on that direct final

rule. We will address that comment in

a subsequent final action based on the

parallel proposal also published on

August 29, 2000 (65 FR 52392). As

stated in the parallel proposal, we will

not institute a second comment period

on this action.

DATES: As of October 26, 2000, EPA

withdraws the direct final rule

published at 65 FR 52319 on August 29,

2000.

ADDRESSES: Docket number A–92–45,

containing information relevant to the

direct final rule being withdrawn, is

available for public inspection between

8:00 a.m. and 5:30 p.m., Monday

through Friday (except for Federal

holidays) at the following address: U.S.

Environmental Protection Agency, Air

and Radiation Docket and Information

Center (6102), 401 M Street, SW,

Washington, DC 20460, or by calling

(202) 260–7548. A reasonable fee may

be charged for copying docket materials.

FOR FURTHER INFORMATION CONTACT: Mr.

Robert E. Rosensteel, Organic Chemicals

Group, Emission Standards Division

(MD–13), Office of Air Quality Planning

and Standards, U.S. EPA, Research

Triangle Park, NC 27711, telephone

number (919) 541–5608, electronic mail

address rosensteel.bob@epa.gov.

SUPPLEMENTARY INFORMATION: On

September 12, 1996, we promulgated

National Emission Standards for

Hazardous Air Pollutant (NESHAP) for

Group IV Polymers and Resins as

subpart JJJ in 40 CFR part 63. The

NESHAP established a new subcategory

for PET manufacture specified as the

continuous TPA high viscosity multiple

end finisher subcategory. The NESHAP

also established standards for PCCT,

contained in 40 CFR 63.1329, for

existing affected sources in the new

subcategory.

A petition was submitted to us

requesting reconsideration of the

technical basis for establishment of the

continuous TPA high viscosity multiple

end finisher subcategory (Docket: A–92–

45). The petition presented new

information related to the production

processes for the manufacture of PET

that the petitioner claims calls into

question the need and justification for a

separate subcategory for the continuous

TPA high viscosity multiple end

finisher process. The information

presented in the petition led us to

accept the petitioner’s request to

reconsider the need for the continuous

TPA high viscosity multiple end

finisher subcategory.

On August 29, 2000, the EPA

published a direct final rule (65 FR

52319) and a parallel proposal (65 FR

52392) to indefinitely stay the

compliance date for the PCCT

provisions for existing affected sources

producing PET using the continuous

TPA high viscosity multiple end

finisher process. The stay was issued

because EPA was in the process of

responding to a request to reconsider

relevant portions of the NESHAP for

Group IV Polymers and Resins that

might result in changes to the emission

limitation which applies to PCCT in this

subcategory. It was unlikely that the

reconsideration process would be

complete before actions were necessary

to comply with the current PCCT

standard. Therefore, we issued an

indefinite stay of the compliance date.

The EPA stated in the direct final rule

that if adverse comments were received

by September 28, 2000, the EPA would

publish a notice to withdraw the direct

final rule before its effective date of

October 30, 2000. The EPA received an

adverse comment and, therefore, is

withdrawing the direct final rule.

The EPA will address this comment

in the subsequent final action on the

parallel proposal.

Dated: October 19, 2000.

Robert D. Brenner,

Acting Assistant Administrator, Office of Air

and Radiation.

[FR Doc. 00–27583 Filed 10–25–00; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 271

[FRL–6889–7]

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). Tennessee’s revision

consists of the Corrective Action

provisions contained in HSWA Clusters

I, II, and RCRA III. 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 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

64162 Federal Register / Vol. 65, No. 208 / Thursday, October 26, 2000 / Rules and Regulations

Federal Register will serve as a proposal

to authorize the changes.

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

Narindar Kumar at the address listed

below for contact. You can view and

copy Tennessee’s application from 8:00

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, The Sam Nunn

Atlanta Federal Center, 61 Forsyth

Street, SW, Atlanta, Georgia 30303–

3104; (404) 562–8190.

FOR FURTHER INFORMATION CONTACT:

Narindar Kumar, Chief, RCRA Programs

Branch, Waste Management Division,

U.S. Environmental Protection Agency,

The Sam Nunn Atlanta Federal Center,

61 Forsyth Street, SW, Atlanta, Georgia

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 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 programs, 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; and

• 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 is

being authorized by today’s action are

already effective, and are not changed

by today’s action.

D. Why Wasn’t There a Proposed Rule

Before Today’s Rule?

EPA did not publish a proposal before

today’s rule because we view this as a

routine program change and do not

expect comments that oppose this

approval. We are providing an

opportunity for public comment now. In

addition to this rule, in the proposed

rules section of today’s Federal Register

we are publishing a separate document

that proposes to authorize the state

program changes.

E. What Happens if EPA Receives

Comments That Oppose This Action?

If EPA receives comments that oppose

this authorization, we will withdraw

this rule by publishing a document in

the Federal Register before the rule

becomes effective. EPA will base any

further decision on the authorization of

the state program changes on the

proposal mentioned in the previous

paragraph. We will then address all

public comments in a later final rule.

You may not have another opportunity

to comment. If you want to comment on

this authorization, you must do so at

this time.

If we receive comments that oppose

only the authorization of a particular

change to the State hazardous waste

program, we will withdraw that part of

this rule but the authorization of the

program changes that the comments do

not oppose will become effective on the

date specified above. The Federal

Register withdrawal document will

specify which part of the authorization

will become effective, and which part is

being withdrawn.

F. What Has 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 their

program on September 15, 1999,

effective November 15, 1999 (64 FR

49998), January 30, 1998, effective

March 31, 1998 (63 FR 45870), on May

23, 1996, 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?

As a result of this action to grant final

authorization to Tennessee for the

February 16, 1993, Corrective Action

Management Unit (CAMU) rule, the

State will be eligible for interim

authorization-by-rule for the proposed

amendments to the CAMU rule, which

also proposed the interim authorizationby-rule process (see August 22, 2000, 65

FR 51080, 51115). Tennessee will also

become eligible for conditional

authorization if that alternative is

chosen by EPA in the final CAMU

amendments rule. On April 20, 1999,

Tennessee 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 Tennessee’s

hazardous waste program revision

satisfies all of the requirements

Federal Register / Vol. 65, No. 208 / Thursday, October 26, 2000 / Rules and Regulations 64163

necessary to qualify for Final

authorization. Therefore, we grant

Tennessee Final authorization for the

following program changes:

Description of Federal requirement Federal Register date and page Analogous State authority 1

17L—Corrective Action .................... 07/15/85, 50 FR 28702 ................. Tennessee Code Annotated (TCA), 68–21104(5), 68–212–107(a),

(d)(3–4), 68–212–108(c)(1), (d), (k) and (l), and 68–212–111; Tennessee Revised Code (TRC) 1200–1–11–.06(6)(a)1–2, .06(6)(l)1–

2, .07(1)(c)1(i)(IV)VI.

44A—Permit Application Requirements Regarding Corrective Action.12/01/87, 52 FR 45788 ................. Tennessee Code Annotated (TCA) 68–212–106(a)2, 68–212–

107(b)(2–3), (d)(3–4) & (6); Tennessee Revised Code (TRC)

1200–1–11–.07(5)(c), .07(5)(e), .07(5)(e)1(i–v), .07(5)(e)2–3.

44B—Corrective Action Beyond Facility Boundary.12/01/87, 52 FR 45788 ................. Tennessee Code Annotated (TCA) 68–212–107(a), (b)(1–2), (d)(3–

4), 68–212–108(a)(1); Tennessee Revised Code (TRC) 1200–1–

11–.06(6)(k)5, .06(6)(k)5(i–ii), .06(6)(1)(3).

121—Corrective Action Management Units and Temporary Units.02/16/93, 58 FR 8658 ................... Tennessee Code Annotated (TCA) 68–212–104(5), 68–212–107(a),

(d)(3), 68–212–108(a)(1) & (e), 68–212–111; Tennessee Revised

Code (TRC) 1200–1–11–.01(2)(a), .06(1)(c), .06(6)(1)2,

.06(22)(c)1, .06(22)(c)1(i–ii), .06(22)(c)2(i), .06(22)(c)2(i)(I–II),

.06(22)(c)2(ii), .06(22)(c)3, .06(22)(c)3(i–vii), .06(22)(c)4–5,

.06(22)(c)5(i–iii), .06(22)(c)5(iii)(I–II), .06(22)(c)5(iv),

.06(22)(c)5(iv)(I), .06(22)(c)5(iv)(I)I–II, .06(22)(c)5(iv)(II),

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

.06(22)(c)5(iv)(IV), .06(22)(c)6–8, .06(22)(d)1–2, .06(22)(d)2(i–ii),

.06(22)(d)3, .06(22)(d)3(i–vii), .06(22)(d)4–5, .06(22)(d)5(i–ii),

.06(22)(d)6, .06(22)(d)6(i–ii), .06(22)(d)7, .05(1)(b)1, .10(1)(b)6,

.01(2)(a), .07(10) Appendix I.

1The Tennessee provisions are from the Tennessee Hazardous Waste Management Regulations effective January 4, 1988 and November 26,

1989.

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 (Public Law 104–4).

For the same reason, this action also

does not significantly or uniquely affect

the communities of tribal governments,

as specified by Executive Order 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

64164 Federal Register / Vol. 65, No. 208 / Thursday, October 26, 2000 / Rules and Regulations

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).

Dated: August 29, 2000.

A. Stanley Meiburg,

Acting Regional Administrator, Region 4.

[FR Doc. 00–27140 Filed 10–25–00; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 271

[FRL–6892–8]

Vermont: Final Authorization of State

Hazardous Waste Management

Program Revisions

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Immediate final rule; technical

correction.

SUMMARY: Vermont has applied to EPA

for Final authorization of certain

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

Vermont’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 and the separate document in the

proposed rules section of this Federal

Register will serve as the proposal to

authorize the changes.

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 immediate effect.

ADDRESSES: Send written comments to

Geri Mannion, EPA New England, One

Congress Street, Suite 1100 (CHW),

Boston, MA 02114–2023; Phone

number: (617) 918–1648. We must

receive your comments by November

27, 2000. You can view and copy

materials submitted by Vermont during

normal business hours at the following

locations: EPA New England Library,

One Congress Street, Suite 1100 (LIB),

Boston, MA 02114–2023; Phone

number: (617) 918–1990; Business

hours: 9 AM to 4 PM; or the Agency of

Natural Resources, 103 South Main

Street—West Office Building,

Waterbury, VT 05671–0404; Phone

number; (802) 241–3888; Business

hours: 7:45 AM to 4:30 PM.

FOR FURTHER INFORMATION CONTACT: Geri

Mannion, EPA New England, One

Congress Street, suite 1100 (CHW),

Boston, MA 02114–2023; Phone

number: (617) 918–1648.

SUPPLEMENTARY INFORMATION:

Technical Corrections

In addition to authorizing the changes

to Vermont’s hazardous waste program,

EPA is making a technical correction to

a provision referenced in its immediate

final rule published in the Federal

Register on May 3, 1993 (58 FR 26242)

and effective August 6, 1993 (58 FR

31911) which authorized the State for

other earlier revisions to its hazardous

waste program.

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 Vermont’s

application to revise its authorized

program meets all of the statutory and

regulatory requirements established by

RCRA. Therefore, we grant Vermont

Final authorization to operate its

hazardous waste program with the

changes described in the authorization

application. Vermont has responsibility

for permitting Treatment, Storage, and

Disposal Facilities (TSDFs) within its

borders and for carrying out the aspects

of the RCRA program described in its

revised program application, subject to

the limitations of the Hazardous and

Solid Waste Amendments of 1984

(HSWA). New Federal requirements and

prohibitions imposed by Federal

regulations that EPA promulgates under

the authority of HSWA take effect in

authorized States before they are

authorized for the requirements. Thus,

EPA will implement those requirements

and prohibitions in Vermont, including