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 withoutchange 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 h ttp://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 inhttp://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; and5

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 PowersAgreement 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 95Liners 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, 2009Identification 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, 2009Amendment 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, 2009Criteria 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