[Federal Register Volume 62, Number 45 (Friday, March 7, 1997)]
[Rules and Regulations]
[Pages 10464-10466]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-5622]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271

[FRL-5699-5]


Nevada: Final Authorization of State Hazardous Waste Management 
Program Revisions

AGENCY: Environmental Protection Agency.

ACTION: Immediate final rule.

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SUMMARY: The State of Arizona has applied for final authorization of 
revisions to its hazardous waste program under the Resource 
Conservation and Recovery Act (RCRA), as amended. The Environmental 
Protection Agency (EPA) has completed its review of Arizona's 
application and has made a decision, subject to public review and 
comment, that Arizona's hazardous waste program revisions satisfy all 
of the requirements necessary to qualify for final authorization. Thus, 
EPA intends to approve Arizona's hazardous waste program revisions. 
Arizona's application for program revision is available for public 
review and comment.

DATES: Final authorization for Arizona is effective May 6, 1997 unless 
EPA publishes a prior Federal Register action withdrawing this 
immediate final rule. All comments on Arizona's program revision 
application must be received by the close of business April 7, 1997.

ADDRESSES: Copies of Arizona's program revision application are 
available during the business hours of 9:00 a.m. to 5:00 p.m. at the 
following addresses for inspection and copying:

Arizona Department of Environmental Quality, 3033 N. Central Avenue, 
Phoenix, AZ 85012, Contact: Russell F. Rhoades, Director, Phone: 602/
207-4211 or 1-800-234-5677
U.S. EPA Region IX Library-Information Center, 75 Hawthorne Street, San 
Francisco, CA 94105 Phone: 415/744-1510
Written comments should be sent to: Lisa McClain-Vanderpool, U.S. EPA 
Region IX (WST-3), 75 Hawthorne Street, San Francisco, CA 94105, Phone: 
415/744-2086.

FOR FURTHER INFORMATION CONTACT: Lisa McClain-Vanderpool , U.S. EPA 
Region IX (WST-3), 75 Hawthorne Street, San Francisco, CA 94105, Phone: 
415/744-2086.

SUPPLEMENTARY INFORMATION:

A. Background

    States with final authorization under section 3006(b) of the 
Resource Conservation and Recovery Act (``RCRA'' or ``the Act''), 42 
U.S.C. 6926(b), have a continuing obligation to maintain a hazardous 
waste program that is equivalent to, consistent with, and no less 
stringent than the Federal hazardous waste program. Revisions to State 
hazardous waste programs are necessary when Federal or State statutory 
or regulatory authority is modified or when certain other changes 
occur. Most commonly, State program revisions are necessitated by 
changes to EPA's regulations in 40 CFR parts 260-266, 268, 124, 270 and 
279.

B. Arizona

    Arizona received final authorization for the base program on 
November 20, 1985. Arizona has since received final authorization for 
revisions to its hazardous waste program, on August 6, 1991, July 13, 
1992, and November 23, 1992, October 27, 1993 and June 12, 1995. These 
revisions include substantially all the Federal RCRA implementing 
regulations published in the Federal Register through July 1, 1993. On 
September 30, 1996, Arizona submitted an application for additional 
revision approvals. Today, Arizona is seeking approval of its program 
revisions in accordance with 40 CFR 271.21(b)(3).
    EPA has reviewed Arizona's application, and has made an immediate 
final decision that Arizona's hazardous waste program revisions satisfy 
all of the requirements necessary to qualify for final authorization. 
Consequently, EPA intends to approve final authorization for Arizona's 
hazardous waste program revisions. The public may submit written 
comments on EPA's immediate final decision up until April 7, 1997. 
Copies of Arizona's

[[Page 10465]]

applications for program revision are available for inspection and 
copying at the locations indicated in the ``Addresses'' section of this 
notice.
    Approval of Arizona's program revisions is effective in 60 days 
unless an adverse comment pertaining to the State's revisions discussed 
in this notice is received by the end of the comment period. If an 
adverse comment is received, EPA will publish either (1) a withdrawal 
of the immediate final decision or (2) a notice containing a response 
to the comment which either affirms that the immediate final decision 
takes effect or reverses the decision.
    Arizona is applying for authorization for changes and additions to 
the Federal RCRA implementing regulations that occurred between July 1, 
1993 and July 1, 1995, consisting of the following Federal hazardous 
waste regulations:

------------------------------------------------------------------------
             Federal requirement                      State analog      
------------------------------------------------------------------------
Boilers and Industrial Furnaces: changes for   Arizona Revised Statutes 
 Consistency with New Air Regulations (58 FR    (ARS) 49-922.A&B;       
 38816, July 20, 1993).                         Arizona Administrative  
                                                Code (AAC)R18-8-        
                                                260.A,B&C and 266.A.    
Testing and Monitoring Activities (58 FR       ARS 49-922.A&B; AAC R18-8-
 46040, August 31, 1993).                       260.A,B,C & G, 261.A&B, 
                                                264.A, 265.A, 268,      
                                                270.A.                  
Boilers and Industrial Furnaces;               ARS 49-922.A&B; AAC R18-8-
 Administrative Stay and Interim Standards      266.A.                  
 for Bevill Residues (58 FR 59598, November                             
 9, 1993).                                                              
Wastes from the use of Chlorophenolic          ARS 49-922.A&B; AAC R18-8-
 Formulations in Wood Surface Protection (59    260.A,B&C, 261.A&B.     
 FR 458, January 4, 1994).                                              
Revision of Conditional Exemption for Small    ARS 49-922.A&B; AAC R18-8-
 Scale Treatability Studies (59 FR 8362,        261.A,B&E.              
 February 18, 1994).                                                    
Recordkeeping Instructions; Technical          ARS 49-922.A&B; AAC R18-8-
 Amendment (59 FR 13891, March 24, 1994).       264.A, 265.A.           
Wood Surface Protection; Correction (59 FR     ARS 49-922.A&B; AAC R18-8-
 28484, June 2, 1994).                          260.A,B&C.              
Letter of Credit Revision (59 FR 29958, June   ARS 49-922.A&B; AAC R18-8-
 10, 1994).                                     264.A&L.                
Correction of Beryllium Powder (59 FR 31551,   ARS 49-922.A&B; AAC R18-8-
 June 20, 1994).                                261.A&B, 268.           
Recovered Oil Exclusion (59 FR 38536, July     ARS 49-922.A&B; AAC R18-8-
 28, 1994).                                     261.A&B, 266.A&B.       
Removal of the Conditional Exemption for       ARS 49-922.A&B; AAC R18-8-
 Certain Slag Residues (59 FR 43496, August     266.A and 268.          
 24, 1994).                                                             
Universal Treatment Standards and Treatment    ARS 49-922.A&B; AAC R18-8-
 Standards for Organic Toxicity                 261.A&B, 264.A, 265.A,  
 Characteristics Wastes and Newly Listed        266.A and 268.          
 Wastes (59 FR 47982, September 19, 1994)                               
Organic Air Emissions Standards for Tanks,     ARS 49-922.A&B; AAC R18-2-
 Surface Impoundments and Containers (59 FR     901; R18-8-260.A,B&C,   
 62896, December, 6, 1994).                     262.A,B&E, 264.A, 265.A 
                                                and 270.A.              
Testing and Monitoring Activities Amendment I  ARS 49-922.A&B; AAC R18-8-
 (60 FR 3089, January 13, 1995).                260.A,B&C.              
Carbamate Production*, Identification and      ARS 49-922.A&B; AAC R18-8-
 Listing of Hazardous Waste (60 FR 7824,        261.A,B&L.              
 February 9, 1995).                                                     
Testing and Monitoring Activities Amendment    ARS 49-922.A&B; AAC R18-8-
 II (60 FR 17001, April 4, 1995).               260.A,B&C.              
Universal Waste Rule (60 FR 25492, May 11,     ARS 49-922.A&B; AAC R18-8-
 1995).                                         260.A,B,C,E&F,          
                                                261.A,B&G, 262.A&B,     
                                                264.A, 265.A, 266.A,    
                                                268, 270.A, 273.        
Organic Emission Standards for Tanks, Surface  ARS 49-922.A&B; AAC R18-8-
 Impoundments and Containers: Amendment (60     264.A, 265.A and 270.A. 
 FR 26828, May 19, 1995).                                               
Removal of Legally Obsolete Rules (60 FR       ARS 49-922.A&B; AAC R18-8-
 33912, June 29, 1995).                         261.A&B, 266.A,         
                                                270.A,C,E&F.            
------------------------------------------------------------------------
* Pursuant to the November 1, 1996 decision of the U.S. Court of Appeals
  for the District of Columbia Circuit in Dithiocarbamate Task Force v. 
  EPA (No. 95-1249), EPA's waste listing decisions for the following    
  waste numbers in the Carbamate Production and Listing of Hazardous    
  Waste Rule (February, 1995) have been vacated and therefore are not   
  presently part of the Federally authorized program in Arizona approved
  in this Federal Register notice: (1) 24 challenged U wastes (U277,    
  U365, U366, U375, U377, U376, U378, U379, U381, U382, U383, U384,     
  U385, U386, U390, U391, U392, U393, U396, U400, U401, U402, U403,     
  U407), (2) K160 waste, and (3) K wastes K156, K157 and K158 to the    
  extent they apply to the product IPBC.                                

    The State is responsible for issuing, denying, modifying, reissuing 
and terminating permits for all hazardous waste treatment, storage and 
disposal facilities in a manner consistent with all Federal 
requirements for which Arizona is authorized. Arizona is not being 
authorized to operate any portion of the hazardous waste program on 
Indian lands.

C. Decision

    I conclude that Arizona's application for program revision meets 
all of the statutory and regulatory requirements established by RCRA. 
Accordingly, Arizona is granted final authorization to operate its 
hazardous waste program as revised.
    Arizona is now responsible for permitting treatment, storage, and 
disposal facilities within its borders and 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 
(Pub. L. 98-616, November 8, 1984) (``HSWA''). Arizona also has primary 
enforcement responsibilities, although EPA retains the right to conduct 
inspections under section 3007 of RCRA and to take enforcement actions 
under sections 3008, 3013 and 7003 of RCRA.

Compliance With Executive Order 12866

    The Office of Management and Budget has exempted this rule from the 
requirements of Section 6 of Executive Order 12866.

Certification Under the Regulatory Flexibility Act

    EPA has determined that this authorization will not have a 
significant economic impact on a substantial number of small entities. 
Such small entities which are hazardous waste generators, transporters, 
or which own and/or operate TSDFs are already subject to the regulatory 
requirements under existing State law which are

[[Page 10466]]

being authorized by EPA. EPA's authorization does not impose any 
additional burdens on these small entities. This is because EPA's 
authorization would simply result in an administrative change, rather 
than a change in the substantive requirements imposed on these small 
entities.
    Therefore, EPA provides the following certification under the 
Regulatory Flexibility Act, as amended by the Small Business Regulatory 
Enforcement Fairness Act. Pursuant to the provision at 5 U.S.C. 605(b), 
I hereby certify that this authorization will not have a significant 
economic impact on a substantial number of small entities. This 
authorization approves regulatory requirements under existing State law 
to which small entities are already subject. It does not impose any new 
burdens on small entities. This rule, therefore, does not require a 
regulatory flexibility analysis.

Submission to Congress and the General Accounting Office

    Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report 
containing this rule and other required information to the U.S. Senate, 
the U.S. House of Representatives and the Comptroller General of the 
General Accounting Office prior to publication of the rule in today's 
Federal Register. This rule is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for Federal agencies to assess the 
effects of certain regulatory actions on State, local, and tribal 
governments and the private sector. Under sections 202 and 205 of the 
UMRA, EPA generally must prepare a written statement of economic and 
regulatory alternatives analyses for proposed and final rules with 
Federal mandates, as defined by the UMRA, that may result in 
expenditures to State, local, and tribal governments, in the aggregate, 
or to the private sector, of $100 million or more in any one year. The 
section 202 and 205 requirements do not apply to today's action because 
it is not a ``Federal mandate'' and because it does not impose annual 
costs of $100 million or more.
    Today's rule contains no Federal mandates for State, local or 
tribal governments or the private sector for two reasons. First, 
today's action does not impose new or additional enforceable duties on 
any State, local or tribal governments or the private sector because 
the requirements of the Arizona program are already imposed by the 
State and subject to State law. Second, the Act also generally excludes 
from the definition of a ``Federal mandate'' duties that arise from 
participation in a voluntary Federal program. Arizona's participation 
in an authorized hazardous waste program is voluntary.
    Even if today's rule did contain a Federal mandate, this rule will 
not result in annual expenditures of $100 million or more for State, 
local, and/or tribal governments in the aggregate, or the private 
sector. Costs to State, local and/or tribal governments already exist 
under the Arizona's program, and today's action does not impose any 
additional obligations on regulated entities. In fact, EPA's approval 
of state programs generally may reduce, not increase, compliance costs 
for the private sector.
    The requirements of section 203 of UMRA also do not apply to 
today's action. Before EPA establishes any regulatory requirements that 
may significantly or uniquely affect small governments, section 203 of 
the UMRA requires EPA to develop a small government agency plan. This 
rule contains no regulatory requirements that might significantly or 
uniquely affect small governments. The Agency recognizes that although 
small governments may be hazardous waste generators, transporters, or 
own and/or operate TSDFs, they are already subject to the regulatory 
requirements under existing state law which are being authorized by 
EPA, and, thus, are not subject to any additional significant or unique 
requirements by virtue of this program approval.

List of Subjects in 40 CFR Part 271

    Environmental protection, Administrative practice and procedure, 
Confidential business information, Hazardous materials transportation, 
Hazardous waste, Indian lands, Intergovernmental relations, Penalties, 
Reporting and Record keeping requirements, Water pollution control, 
Water supply.

    Authority: This notice 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: February 17, 1997.
Felicia Marcus,
Regional Administrator.
[FR Doc. 97-5622 Filed 3-6- 97; 8:45 am]
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