[Federal Register Volume 80, Number 16 (Monday, January 26, 2015)]
[Rules and Regulations]
[Pages 3888-3891]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-01040]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R04-RCRA-2014-0710; FRL-9921-90-Region 4]


Georgia: Final Authorization of State Hazardous Waste Management 
Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: Georgia has applied to the Environmental Protection Agency 
(EPA) for final authorization of 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 direct final rule. In the ``Proposed Rules'' section of 
today's Federal Register, EPA is also publishing a separate document 
that serves as the proposal to authorize these changes. EPA believes 
this action is not controversial and does not expect comments that 
oppose it. Unless EPA receives written comments that oppose this 
authorization during the comment period, the decision to authorize 
Georgia's changes to its hazardous waste program will take effect. If 
EPA receives comments that oppose this action, EPA will publish a 
document in the Federal Register withdrawing today's direct final rule 
before it takes effect, and the separate document published in today's 
``Proposed Rules'' section of this Federal Register will serve as the 
proposal to authorize the changes.

DATES: This final authorization will become effective on March 27, 2015 
unless EPA receives adverse written comment by February 25, 2015. If 
EPA receives such comment, EPA will publish a timely withdrawal of this 
direct final rule in the Federal Register and inform the public that 
this authorization will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
RCRA-2014-0710, by one of the following methods:
    <bullet> Federal eRulemaking Portal: www.regulations.gov. Follow 
the on-line instructions for submitting comments.
    <bullet> Email: <a href="/cdn-cgi/l/email-protection#67000b020613080949001002092702170649000811"><span class="__cf_email__" data-cfemail="32555e5753465d5c1c5545575c725742531c555d44">[email protected]</span></a>.
    <bullet> Fax: (404) 562-9964 (prior to faxing, please notify the 
EPA contact listed below).
    <bullet> Mail: Send written comments to Gwendolyn Gleaton, Permits 
and State Programs Section, RCRA Programs and Materials Management 
Branch, RCRA Division, U.S. Environmental Protection Agency, Atlanta 
Federal Center, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960.
    <bullet> Hand Delivery or Courier: Deliver your comments to 
Gwendolyn Gleaton, Permits and State Programs Section, RCRA Programs 
and Materials Management Branch, RCRA Division, U.S. Environmental 
Protection Agency, Atlanta Federal Center, 61 Forsyth Street SW., 
Atlanta, Georgia 30303-8960. Such deliveries are only accepted during 
the Regional Office's normal hours of operation, and special 
arrangements should be made for deliveries of boxed information.
    Instructions: EPA must receive your comments by February 25, 2015. 
Direct your comments to Docket ID No. EPA-R04-RCRA-2014-0710. EPA's 
policy is that all comments received will be included in the public 
docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI), or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through www.regulations.gov or email. The 
www.regulations.gov Web site is an ``anonymous access'' system, which 
means EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an email comment 
directly to EPA without going through www.regulations.gov, your email 
address will be automatically captured and included as part of the 
comment that is placed in the public docket and made publicly available 
on the Internet. If you submit an electronic comment, EPA recommends 
that you include your name and other contact information in the body of 
your comment and with any disk or CD-ROM you submit. If EPA cannot read 
your comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses. (For additional 
information about EPA's public docket, visit the EPA Docket Center 
homepage at www.epa.gov/epahome/dockets.htm).
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in www.regulations.gov, or in hard copy.
    You may view and copy Georgia's application and associated publicly 
available materials from 8:00 a.m. to 4:00 p.m. at the following 
locations: EPA, Region 4, RCRA Division, Atlanta Federal Center, 61 
Forsyth Street SW., Atlanta, Georgia 30303-8960; telephone number: 
(404) 562-8500; and the Georgia Department of Natural Resources, 
Environmental Protection Division, 2 Martin Luther King Jr. Drive, 
Suite 1154 East Tower, Atlanta, Georgia 30334-4910; telephone number: 
(404) 656-2833. Interested persons wanting to examine these documents 
should make an appointment with the office at least a week in advance.

FOR FURTHER INFORMATION CONTACT: Gwendolyn Gleaton, Permits and State 
Programs Section, RCRA Programs and Materials Management Branch, RCRA 
Division, U.S. Environmental Protection Agency, Atlanta Federal Center, 
61 Forsyth Street SW., Atlanta, Georgia 30303-8960; telephone number: 
(404) 562-8500; fax number: (404) 562-9964; email address: 
<a href="/cdn-cgi/l/email-protection#e7808b8286938889c980908289a7829786c9808891"><span class="__cf_email__" data-cfemail="4d2a21282c392223632a3a28230d283d2c632a223b">[email protected]</span></a>.

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 268, 270, 273, and 279.
    New Federal requirements and prohibitions imposed by Federal

[[Page 3889]]

regulations that EPA promulgates pursuant to the Hazardous and Solid 
Waste Amendments of 1984 (HSWA) take effect in authorized States at the 
same time that they take effect in unauthorized States. Thus, EPA will 
implement those requirements and prohibitions in Georgia, including the 
issuance of new permits implementing those requirements, until the 
State is granted authorization to do so.

B. What decisions has EPA made in this rule?

    On September 17, 2012, Georgia submitted a final complete program 
revision application, seeking authorization of changes to its hazardous 
waste program that correspond to certain Federal rules promulgated 
between July 1, 2007 and June 30, 2011 (also known as RCRA Clusters 
XVIII through XXI). EPA concludes that Georgia's application to revise 
its authorized program meets all of the statutory and regulatory 
requirements established by RCRA, as set forth in RCRA section 3006(b), 
42 U.S.C. 6926(b), and 40 CFR part 271. Therefore, EPA grants Georgia 
final authorization to operate its hazardous waste program with the 
changes described in the authorization application, and as outlined 
below in Section G of this preamble.
    Georgia has responsibility for permitting treatment, storage, and 
disposal facilities within its borders and for carrying out the aspects 
of the RCRA program described in its revised program application, 
subject to the limitations of HSWA, as discussed above.

C. What is the effect of this authorization decision?

    The effect of this decision is that the changes described in 
Georgia's authorization application will become part of the authorized 
State hazardous waste program, and will therefore be federally 
enforceable. Georgia will continue to have primary enforcement 
authority and responsibility for its State hazardous waste program. EPA 
retains its authorities under RCRA sections 3007, 3008, 3013, and 7003, 
including its authority to:
    <bullet> Conduct inspections, and require monitoring, tests, 
analyses or reports;
    <bullet> Enforce RCRA requirements, including authorized State 
program 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 State regulations for which Georgia is 
being authorized by today's action are already effective and 
enforceable requirements under State law, and are not changed by 
today's action.

D. Why wasn't there a proposed rule before today's rule?

    Along with this direct final rule, EPA is publishing a separate 
document in the ``Proposed Rules'' section of today's Federal Register 
that serves as the proposal to authorize these State program changes. 
EPA did not publish a proposed rule before today because EPA views this 
as a routine program change and does not expect comments that oppose 
this approval. EPA is providing an opportunity for public comment now, 
as described in Section E of this preamble.

E. What happens if EPA receives comments that oppose this action?

    If EPA receives comments that oppose this authorization, EPA will 
withdraw today's direct final 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 proposed rule mentioned in the previous section, after considering 
all comments received during the comment period, and will address all 
such comments in a later final rule. You may not have another 
opportunity to comment on these State program changes. If you want to 
comment on this authorization, you must do so at this time.
    If EPA receives comments that oppose only the authorization of a 
particular change to the State hazardous waste program, EPA will 
withdraw that part of today's direct final 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 Georgia previously been authorized for?

    Georgia initially received final authorization on August 7, 1984, 
effective August 21, 1984 (49 FR 31417), to implement the RCRA 
hazardous waste management program. EPA granted authorization for 
changes to Georgia's program on the following dates: July 7, 1986, 
effective September 18, 1986 (51 FR 24549); July 28, 1988, effective 
September 26, 1988 (53 FR 28383); July 24, 1990, effective September 
24, 1990 (55 FR 30000); February 12, 1991, effective April 15, 1991 (56 
FR 5656); May 11, 1992, effective July 10, 1992 (57 FR 20055); November 
25, 1992, effective January 25, 1993 (57 FR 55466); February 26, 1993, 
effective April 27, 1993 (58 FR 11539); November 16, 1993, effective 
January 18, 1994 (58 FR 60388); April 26, 1994, effective June 27, 1994 
(59 FR 21664); May 10, 1995, effective July 10, 1995 (60 FR 24790); 
August 30, 1995, effective October 30, 1995 (60 FR 45069); March 7, 
1996, effective May 6, 1996 (61 FR 9108); September 18, 1998, effective 
November 17, 1998 (63 FR 49852); October 14, 1999, effective December 
13, 1999 (64 FR 55629); November 28, 2000, effective March 30, 2001 (66 
FR 8090); July 16, 2002, effective September 16, 2002 (67 FR 46600); 
November 19, 2002, effective January 21, 2003 (67 FR 69690); July 18, 
2003, effective September 16, 2003 (68 FR 42605); January 27, 2005, 
effective April 20, 2005 (70 FR 12973); April 25, 2006, effective June 
26, 2006 (71 FR 23864); and May 2, 2013, effective July 1, 2013 (78 FR 
25579).

G. What changes is EPA authorizing with this action?

    On September 17, 2012, Georgia submitted a final complete program 
revision application, seeking authorization of its changes in 
accordance with 40 CFR 271.21. EPA now makes an immediate final 
decision, subject to receipt of written comments that oppose this 
action, that Georgia's hazardous waste program revisions are equivalent 
to, consistent with, and no less stringent than the Federal program, 
and therefore satisfy all of the requirements necessary to qualify for 
final authorization. Therefore, EPA grants Georgia final authorization 
for the following program changes:

[[Page 3890]]



------------------------------------------------------------------------
    Description of Federal       Federal Register     Analogous State
          requirement             date and page        authority \1\
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217--NESHAP: Final Standards    73 FR 18970, 04/   391-3-11-.01(2) and
 for Hazardous Waste             08/08.             391-3-11-.10(2)-(3).
 Combustors (Phase I Final
 Replacement Standards and
 Phase II) Amendments.
218--F019 Exemption for         73 FR 31756, 06/   391-3-11-.01(2) and
 Wastewater Treatment Sludges    04/08.             391-3-11-.07(1).
 from Auto Manufacturing Zinc
 Phosphating Processes.
220--Academic Laboratories      73 FR 72912, 12/   391-3-11-.01(2); 391-
 Generator Standards.            01/08.             3-11-.07(1); and 391-
                                                    3-11-.08(1).
222--OECD Requirements; Export  75 FR 1236, 01/08/ 391-3-11-.01(2); 391-
 Shipments of Spent Lead-Acid    10.                3-11-.08(1); 391-3-
 Batteries.                                         11-.09; and 391-3-11-
                                                    .10(1)-(3).
223--Hazardous Waste Technical  75 FR 12989, 03/1/ 391-3-11-.01(2); 391-
 Corrections and                 10, 75 FR 31716,   3-11-.02(1);, 391-3-
 Clarifications.                 06/04/10.          11-.07(1); 391-3-11-
                                                    .08(1); 391-3-11-
                                                    .09; 391-3-11-.10(1)-
                                                    (3); 391-3-11-
                                                    .11(5)(f); and 391-3-
                                                    11-.16.
225--Removal of Saccharin and   75 FR 48918, 12/   391-3-11-.01(2); 391-
 Its Salts from the List of      17/10.             3-11-.07(1); and 391-
 Hazardous Constituents.                            3-11-.16.
226--Academic Laboratories      75 FR 79304, 12/   391-3-11-.01(2) and
 Generator Standards Technical   20/10.             391-3-11-.08(1).
 Corrections.
227--Revision of the Land       76 FR 34147, 06/   391-3-11-.01(2) and
 Disposal Treatment, Standards   13/11.             391-3-11-.16.
 for Carbamate Wastes.
------------------------------------------------------------------------
\1\ The Georgia provisions are from the Georgia Rules for Hazardous
  Waste Management, Chapter 391-3-11, effective as of August 7, 2012.

H. Where are the revised State rules different from the Federal rules?

    There are no State requirements in the authorized program revisions 
listed above that are considered to be more stringent or broader in 
scope than the Federal requirements.
    The EPA cannot delegate the import and export functions at 40 CFR 
part 262, subparts E and H, contained in the OECD Export Rule set forth 
in 75 FR 1236 (January 8, 2010). Georgia has adopted these regulations 
by reference at Georgia Hazardous Waste Management Rule 391-3-
11-.08(1), and has properly reserved EPA's authority for their 
implementation at Rule 391-3-11-.01(2)(a).

I. Who handles permits after the authorization takes effect?

    Georgia 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 EPA issued prior to the effective date of this authorization 
until they expire or are terminated. EPA will not issue any more 
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 
Georgia is not authorized.

J. What is codification and is EPA codifying Georgia'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. EPA does this by 
referencing the authorized State rules in 40 CFR part 272. EPA is not 
codifying the authorization of Georgia's changes at this time. However, 
EPA reserves the amendment of 40 CFR part 272, subpart L, for the 
authorization of Georgia's program changes at 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 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 13175 (65 FR 
67249, November 9, 2000). 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. This rule 
is not subject to Executive Order 13211, ``Actions Concerning 
Regulations That Significantly Affect Energy Supply, Distribution, or 
Use'' (66 FR 28355, May 22, 2001) because it is not a significant 
regulatory action under Executive Order 12866.
    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

[[Page 3891]]

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 March 27, 2015, unless objections to this 
authorization are received.

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, and 6974(b).

    Dated: January 13, 2015.
Heather McTeer Toney,
Regional Administrator Region 4.
[FR Doc. 2015-01040 Filed 1-23-15; 8:45 am]
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