ENVIRONMENTAL PROTECTION AGENCY 

40 CFR Part 271; [FRL 

MINNESOTA: Final Authorization of State Hazardous Waste Management Program 

Revision 

AGENCY: Environmental Protection Agency (EPA). 

ACTION: Proposed Rule. 

SUMMARY: Minnesota 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 reviewed Minnesota's application with regards to Federal requirements, and is 

proposing to authorize the State's changes. 

DATES: Comments on this proposed rule must be received on or before [insert date 30 

days after the date of publication]. 

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-RCRA2010-0738 by one of the following methods: 

littp://www.regulations.gov: Follow the on-line instructions for submitting 

comments. 

E-mail: westefer.gary@epa.gov. 

Mail: Gary Westefer, Minnesota Regulatory Specialist, LR-8J, U.S. EPA, 

Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604. 

Instructions: Direct your comments to Docket ID Number EPA-R05-RCRA-2010-0738. 

EPA's policy is that all comments received will be included in the public docket without 
change and may be made available online at http://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 e-mail. The www.regulations.gov website 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 e-mail 

comment directly to EPA without going through www.regulations.gov your e-mail 

address will be automatically captured and included as part of the comment that is placed 

in the public docket and made 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 or 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 http://www.epagov/epahome/dockets.htm. 

Docket: All documents in the docket are listed in the www.regulations.gov index. 

Although listed in the index, some of the information is not publicly available, e.g., CBI 

or other information for which 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 
http://www.regulations.gov or in hard copy. You may view and copy Minnesota's 

application from 9:00 am to 4:00 pm at the following addresses: U.S. EPA Region 5, 

LR-8J, 77 West Jackson Boulevard, Chicago, Illinois, contact: Gary Westefer 

(312) 886-7450; or Minnesota Pollution Control Agency, 520 Lafayette Road, North, St. 

Paul, Minnesota 55515, contact: Nathan Cooley (651) 757-2290. 

FOR FURTHER INFORMATION CONTACT: Gary Westefer, Minnesota 

Regulatory Specialist, U.S. EPA Region 5, LR-8J, 77 West Jackson Boulevard, Chicago, 

Illinois 60604, (312) 886-7450, e-mail westefer.gary@epa.gov . 

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 request 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 Minnesota's application to revise its authorized program meets 

all of the statutory and regulatory requirements established by RCRA. Therefore, we 

propose to grant Minnesota final authorization to operate its hazardous waste program 

with the changes described in the authorization application. Minnesota 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 Minnesota, including 

issuing permits, until the State is granted authorization to do so. 

C. What Is the Effect of This Authorization Decision? 

The effect of this decision, once finalized, is that a facility in Minnesota subject to 

RCRA would have to comply with the authorized State requirements instead of the 

equivalent Federal requirements in order to comply with RCRA. Minnesota has 

enforcement responsibilities under its State hazardous waste program for RCRA 

violations, but EPA retains its authority under RCRA sections 3007, 3008, 3013, and 

7003, which include, among others, authority to: 

1. do inspections, and require monitoring, tests, analyses or reports; and 
5 

enforce RCRA requirements and suspend or revoke permits 

This action will not impose additional requirements on the regulated community 

because the regulations for which Minnesota is being authorized are already effective, and 

will not be changed by EPA's final action. 

D. What Happens if EPA Receives Adverse Comments On This Action? 

If EPA receives adverse comments on this authorization, we will address all 

public comments in a later Federal Register. You may not have another opportunity to 

comment. If you want to comment on this authorization, you must do so at this time. 

E. What Has Minnesota Previously Been Authorized for? 

Minnesota initially received Final (base) authorization on January 28, 1985, 

effective February 11, 1985 (50 FR 3756) to implement the RCRA hazardous waste 

management program. We granted authorization for changes to Minnesota's program on 

July 20, 1987, effective September 18, 1987 (52 FR 27199); on April 24, 1989, effective 

June 23, 1989 (54 FR 16361) amended June 28, 1989 (54 FR 27170); on June 15, 1990, 

effective August 14, 1990 (55 FR 24232); on June 24, 1991, effective August 23, 1991 

(56 FR 28709); on March 19, 1992, effective May 18, 1992 (57 FR 9501); on March 17, 

1993, effective May 17, 1993 (58 FR 14321); on January 20, 1994, effective March 21, 

1994 (59 FR 2998); and on May 25, 2000, effective August 23, 2000 (65 FR 33774). 

Minnesota also received authorization for the U.S. Filter Recovery Services Project XL 

on May 22, 2001, effective May 22, 2001 (66 FR 28085), and for the Joint Powers 
Agreement with Hennepin County on October 23, 2008 (73 FR, 63074), effective October 

23, 2008. 

F. What Changes Are We Proposing with Today's Action? 

On June 2, 2010, Minnesota submitted a final complete program revision 

application, seeking authorization of their changes in accordance with 40 CFR 271.21. 

We are now proposing to authorize, subject to receipt of written comments that oppose 

this action, Minnesota's hazardous waste program revision. We propose to grant 

Minnesota final authorization for the following program changes: 

MINNESOTA'S ANALOGS TO THE FEDERAL REQUIREMENTS 

Description of Federal Federal Register Analogous State Authority 

Requirement date and page 

(include checklist #, if (and/or RCRA 

relevant) statutory authority) 

Land Disposal Restrictions August 19, 1991 MR 7045.0125,4,K; 

for Electric Arc Furnace 56 FR 41164 7045.0214,3,E; 7045.1390 

Dust ( K061) Effective June 22, 2009 

Checklist 95 
Liners and Leak Detection January 29, 1992 MR 7001.0150; 7001.0590; 

Systems for Hazardous 57 FR 3462 7001.0600; 7001.0620; 

Waste Land Disposal Units 7001.0720; 

Checklist 100 MR 7045.0219; 7045.0220; 

7045.0452; 7045.0461; 

7045.0478; 

7045.0532(3),(4),(5),(7); 

7045.0534; 

7045.0534(4),(5),(6); 

7045.0538; 

7045.053 8(4),(5); 

7045.0556; 7045.0556(8); 

7045.0584; 7045.0630; 

7045.0630(5),(6); 

7045.0632; 

7045.0632(4),(8),(9); 

7045.0638; 7045.0638(2) 

Effective June 22, 2009 

Hazardous Waste July 10, 1992 MR 7045.0075; 7045.0100; 

Management System; 57 FR 30657 7045.0102; 7045.0120; 

Identification and Listing 7045.0121; 7045.0638 

of Hazardous Waste; Effective June 22, 2009 

Toxicity Characteristic; 

Corrections 

Checklist 108 

Land Disposal Restrictions August 18, 1992 MR 7001.0550(K); 

for Newly Listed Wastes 57 FR 37194 7001.0560(B); 

and Hazardous Debris 7001.0650(5)(F)(6); 

Checklist 109 MR 7045.0219; 

7045.0214(3)(E),(F),(G); 

7045.0292(1)(B); 

7045.0490(1)(D); 

7045.0486(2),(3); 

7045.0498(1)(D); 

7045.0502(1); 7045.0551; 

7045.0594(1); 

7045.0600(1),(2); 

7045.0608(1); 7045.0610(1); 

7045.0630(2); 7045.0651; 

7045.1390 

Effective June 22, 2009 
Identification and Listing August 18, 1992 MR 7045.0125(4)( F); 

of Hazardous Waste; 57 FR 37284 7045.0135(1a),(C),(M) 

CERCLA Hazardous Effective June 22, 2009 

Designation; Reportable 

Quantity Adjustment; 

Coke By-Product Wastes 

Checklist 110 

Consolidated Liability September 16, 1992 MR 7045.0504(7)(L),(M); 

Requirements: 57 FR 42832 7045.0518; 7045.0524: 

Financial Responsibility 7045.0608(2); 7045.0614; 

for Third Party Liability, 7045.0620 

Closure and Post-Closure Effective June 22,2009 

Checklist 113 

Standards Applicable to 

Owners and Operators of September 1, 1988 

Hazardous Waste 53 FR 33938 

Treatment, Storage, and 

Disposal Facilities; 

Liability Coverage 

Checklist 113.1 

Liability Requirements; 

Technical Amendment July 1, 1991 

Checklist 113.2 56 FR 30200 

Hazardous Waste October 15, 1992 MR 7045.0135(1a)(C),(M) 

Management System; 57 FR 47376 Effective June 22, 2009 

Identification and Listing 

of Hazardous Waste and 

CERCLA Hazardous 

Designation; Reportable 

Quantity Adjustment; 

Chlorinated Toluenes 

Production Wastes 

Checklist 115 

Hazardous Waste October 20, 1992 MR 7045.1390 

Management System; Land 57 FR 47772 Effective June 22, 2009 

Disposal Restrictions; 

Case-By-Case Capacity 

Variance 

Checklist 116 
Hazardous Waste June 1, 1992 MR 7045.0102(2) 

Management System; 57 FR 23062 Effective June 22, 2009 

Definition of Hazardous 

Waste; Mixture and 

Derived-From Rules 

Checklist 117B 

Hazardous Waste November 18, 1992 MR 7045.0020(84a); 

Management; Liquids in 57 FR 54452 7045.0458(2)(G)(3); 

Landfills II 7045.0538(10),(12); 

Checklist 118 7045.0564(2)(G)(3); 

7045.0638(7),(9 

Effective June 22, 2009 

Corrective Action February 16, 1993 MR 7001.0510; 7001.0720; 

Management Units and 58 FR 8658 7045.0020; 7045.0219; 

Temporary Units; 7045.0220; 7045.0485; 

Corrective Action Units 7045.0545; 7045.0552; 

Under Subtitle C Effective October 2, 1995 

Checklist 121 

Land Disposal May 14, 1993 MR 7045.1390 

Restrictions; Renewal of 58 FR 28506 Effective June 22, 2009 

the Hazardous Waste 

Debris Case-By-Case 

Capacity Variance 

Checklist 123 

Land Disposal Restrictions May 24, 1993 MR 7045.0450(3)(E); 

for Ignitable and Corrosive 58 FR 29860 7045.0552(3)(F); 7045.1390 

Characteristic Wastes Effective June 22, 2009 

Whose Treatment 

Standards Were Vacated 

Checklist 124 
Hazardous Waste August 31, 1993 MR 7001.0510; 

Management System; 58 FR 46040 7045.0630(C); 

Testing and Monitoring 7001.0700(3)(A)(3-5) 

Activities MR 7045.0065(1); 

Checklist 126 7045.0075(2)(E)(1)(a): 

as amended September 19, 1994 7045.0131(4)(A),(B); 

Checklist 126.1 59 FR 47980 7045.0131(7)(A); 

7045.0135(1); 

7045.0528(1)(A); 

7045.0538(10)(C); 

7045.0628(1)(A); 

7045.0638(7)(B); 7045.1390 

Effective June 22, 2009 

Hazardous Waste January 4, 1994 MR 7045.0065; 

Management System; 59 FR 458 7045 .0135(1a)(N) 

Identification and Listing Effective June 22, 2009 

of Hazardous Waste; 

Wastes From Wood 

Surface Protection 

Checklist 128 

Recordkeeping March 24, 1994 MR 7045.0543(1)(A); 

Instructions; Technical 59 FR 13891 7045.0643(1)(A); 

Amendment 7045.0645(1)(A) 

Checklist 131 Effective June 22, 2009 

Hazardous Waste June 2, 1994 MR 7045.0065(1) 

Management System; 59 FR 28484 Effective June 22, 2009 

Identification and Listing 

of Hazardous Waste; 

Wastes from Wood 

Surface Protection; 

Correction 

Checklist 132 

Hazardous Waste June 20, 1994 MR 7045.0135(1a)(D),(N); 

Management System; 59 FR 31551 7045.1390 

Correction of Listing of Effective June 22, 2009 

P015 Beryllium Powder 

Checklist 134 
Standards for the August 24, 1994 MR 7045.0665(1)(B); 

Management of Specific 59 FR 43496 7045.1390 

Hazardous Wastes; Effective June 22, 2009 

Amendment to Subpart CRecyclable Materials Used 

in a Manner Constituting 

Disposal; Final Rule 

Checklist 136 

Land Disposal Restrictions September 19, 1994 MR 7045.0075(3),(4) 

Phase 11—Universal 59 FR 47982 MR7045.0450(3)(E); 

Treatment Standards, and 7045.0552(3)(F); 

Treatment Standards for 7045.0665(4)(B); 7045.1390 

Organic Toxicity Minnesota Stat. 116.06(11) 

Characteristic Wastes and 3745-266-106; 

Newly Listed Wastes 3745-266-107 

Checklist 137 Effective June 22, 2009 

as amended January 3, 1995 

Checklist 137.1 60 FR 242 

Universal Waste Rule: May 11, 1995 MR 7001.0520(2)(N); 

General Provisions 60 FR 25492 MR 7045.0020; 

Checklist 142A 7045.0120(2)(E); 

7045.0206(5)(G); 

7045.0208(1)(G); 

7045.0214(1); 

7045.0450(3)(L); 7045.1400 

Effective July 25, 2005 

Universal Waste Rule: May 11, 1995 MR 7045.0685(1); 

Specific Provisions for 60 FR 25492 7045.1400 

Batteries Effective July 25, 2005 

Checklist 142B 

Universal Waste Rule: May 11, 1995 MR 7045.1400 

Specific Provisions for 60 FR 25492 Effective July 25, 2005 

Pesticides 

Checklist 142C 

Universal Waste Rule: May 11, 1995 MR 7045.1400 

Specific Provisions for 60 FR 25492 Effective July 25, 1995 

Thermostats 

Checklist 142D 
Universal Waste Rule: May 11, 1995 MR 7045.1400 

Provisions for Petitions to 60 FR 25492 Effective July 25, 2005 

Add a New Universal 

Waste 

Checklist 142E 

Land Disposal Restrictions April 8, 1996 MR 7045.1390 

Phase III—Decharacterized 61 FR 15566 Effective June 22, 2009 

Wastewaters, Carbamate 

Wastes, and Spent 

Potliners 

Checklist 151 

as amended April 8, 1996 

Checklist 151.1 61 FR 15566 

as amended . April 30, 1996 

Checklist 151.2 61 FR 19117 

as amended June 28, 1996 

Checklist 151.3 61 FR 33680 

as amended July 10, 1996 

Checklist 151.4 61 FR 36419 

as amended August 26, 1996 

Checklist 151.5 61 FR 43924 

as amended February 19, 1997 

Checklist 151.6 62 FR 7502 

Imports and Exports of April 12, 1996 MR 7045.0125; 7045.0211; 

Hazardous Waste: 61 FR 16290 7045.0213; 

Implementation of OECD 7045.0302(2),(4),(6); 

Council Decision C(92)39 7045.0351; 7045.0355; 

Concerning the Control of 7045.0375; 7045.0452; 

Transfrontier Movements 7045.0474; 7045.0556; 

of Wastes Destined for 7045.0578; 7045.0675; 

Recovery Operations 7045.1400 

Checklist 152 Effective June 22, 2009 
Criteria for Classification July 1, 1996 MR 7045.0219 

of Solid Waste Disposal 61 FR 34252 Effective June 22, 2009 

Facilities and Practices; 

Identification and Listing 

of Hazardous Waste; 

Requirements for 

Authorization of State 

Hazardous Waste 

Programs 

Checklist 153 

Hazardous Waste November 25, 1996 MR 7001.0150(3)(P)(3),(4); 

Treatment, Storage and 61 FR 59931 7001.0560(E); 

Disposal Facilities and 7001.0570(G); 

Hazardous Waste 7001.0580(K); 

Generators; Organic Air 7001.0590(N); 7001.0635; 

Emissions Standards for MR 7045.0065(1); 

Tanks, Surface 7045.0125(9); 7045.0292; 

Impoundments, and 7045.0452(5)(C); 

Containers 7045.0458(2); 7045.0478(3); 

Checklist 154 7045.0482(4)(C); 

as amended December 6, 1994 7045.0526(10); 

Checklist 154.1 59 FR 62896 7045.0528(12); 

as amended May 19, 1995 7045.0532(11); 

Checklist 154.2 60 FR 26828 7045.0539(2); 7045.0547; 

as amended September 29, 1995 7045.0548; 7045.0549; 

Checklist 154.3 60 FR 50426 7045.0564(2); 

as amended November 13, 1995 7045.0556(5)(C); 

Checklist 154.4 60 FR 56952 7045.0584(3); 

as amended February 9, 1996 7045.0588(4)(D); 

Checklist 154.5 61 FR 4903 7045.0626(9); 

as amended June 5, 1996 7045.0628(13); 

Checklist 154.6 61 FR 28508 7045.0630(9); 7045.0647; 

7045.0648;7045.0649; 

Effective June 22, 2009 

Land Disposal Restrictions January 14, 1997 MR 7045.1390 

Phase 11I -Emergency 62 FR 1992 Effective June 22, 2009 

Extension of the K088 

Capacity Variance 

Checklist 155