[Federal Register Volume 65, Number 208 (Thursday, October 26, 2000)]
[Rules and Regulations]
[Pages 64161-64164]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-27140]


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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.

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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

[[Page 64162]]

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:
    <bullet> Do inspections, and require monitoring, tests, analyses or 
reports;
    <bullet> Enforce RCRA requirements 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 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 authorization-by-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

[[Page 64163]]

necessary to qualify for Final authorization. Therefore, we grant 
Tennessee Final authorization for the following program changes:

----------------------------------------------------------------------------------------------------------------
                                           Federal Register date and
   Description of Federal requirement                 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      12/01/87, 52 FR 45788......  Tennessee Code Annotated (TCA) 68-212-
 Regarding Corrective Action.                                           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    12/01/87, 52 FR 45788......  Tennessee Code Annotated (TCA) 68-212-
 Boundary.                                                              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   02/16/93, 58 FR 8658.......  Tennessee Code Annotated (TCA) 68-212-
 and Temporary Units.                                                   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.
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\1\ The 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

[[Page 64164]]

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]
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