[Federal Register Volume 62, Number 62 (Tuesday, April 1, 1997)]
[Rules and Regulations]
[Pages 15407-15411]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-8088]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271

[FRL-5802-9]


State of Florida: Final Authorization of State Hazardous Waste 
Management Program Revisions

AGENCY: Environmental Protection Agency.

ACTION: Immediate final rule.

-----------------------------------------------------------------------

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

DATES: Final authorization for Florida will be effective June 2, 1997 
unless EPA publishes a prior Federal Register action withdrawing this 
immediate final rule. All comments on Florida's program revision 
application must be received by the close of business May 1, 1997.

ADDRESSES: Copies of Florida's program revision applications are 
available during the regular business hours of 8:00 a.m. to 4:30 p.m. 
at the following addresses for inspection and copying: Florida 
Department of Environmental Protection, Twin Towers Office Building, 
2600 Blair Stone Road, Tallahassee, Florida 32399. U.S. EPA Region IV, 
Library, Atlanta Federal Center, 100 Alabama Street, S.W., Atlanta, 
Georgia 30303-3104. Written comments should be sent to Narindar Kumar, 
Chief, RCRA Branch, U.S. EPA, Atlanta Federal Center, 100 Alabama 
Street, S.W., Atlanta, Georgia 30303-3104. Telephone (Florida State 
Coordinator) 404-562-8469.

FOR FURTHER INFORMATION CONTACT: Narindar Kumar, (404) 562-8448.

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. 6929(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. In addition, as an 
interim measure, the Hazardous and Solid Waste Amendments of 1984 (Pub. 
L. 98-616, November 8, 1984, hereinafter ``HSWA'') allows States to 
revise their programs to become substantially equivalent instead of 
equivalent to RCRA requirements promulgated under HSWA authority. 
States exercising the latter option receive ``interim authorization'' 
for the HSWA requirements under Section 3006(g) of RCRA, 42 U.S.C. 
6926(g), and later apply for final authorization for the HSWA 
requirements.
    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 124, 260 
through 266, 268, 270 and 279.

B. Florida

    Florida initially received final authorization on February 12, 
1985. Florida received authorization for revisions to its program on 
January 30, 1988; January 3, 1989; February 12, 1991; April 6, 1992; 
July 20, 1992; April 7, 1992; April 6, 1992, and September 9, 1994. 
HSWA Cluster I, without corrective action, was authorized on January 
10, 1994, and HSWA II was authorized on December 27, 1994. RCRA I and 
II were authorized on October 17, 1994. Today, Florida is seeking 
approval of its program revision for RCRA Cluster III, RCRA Cluster IV, 
and the Universal Waste Rule from RCRA Cluster V in accordance with 40 
CFR 271.21(b)(3).
    EPA has reviewed Florida's applications, and has made an immediate 
final decision that Florida's hazardous waste program revisions 
satisfies all of the requirements necessary to qualify for final 
authorization. Consequently, EPA intends to grant final authorization 
for the additional program modifications to Florida. Florida has also 
made conforming changes to make its regulations internally consistent 
relative to the revisions made for the above listed authorizations. EPA 
has reviewed these changes and has made an immediate final decision, in 
accordance with 40 CFR 271.21(b)(3), that Florida's hazardous waste 
program revisions satisfy all of the requirements necessary to qualify 
for final authorization. The public may submit written comments on 
EPA's immediate final decision up until May 1, 1997. Copies of 
Florida's application for program revision are available for inspection 
and copying at the locations indicated in the Addresses section of this 
notice.
    Approval of Florida's program revision will become effective in 60 
days unless an adverse comment pertaining to the State's revision 
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 comments which affirms that either the immediate final 
decision takes effect or reverses the decision.
    Florida is seeking approval for its rule revision for the RCRA 
Cluster III, RCRA Cluster IV and the Universal Waste Rule in RCRA 
Cluster V. Florida adopts the federal rules by reference and the 
authority is found in Florida Statute (FS) 403.704(15) (1993). The 
Florida Administrative Code (FAC) Chapter  62-730, effective 1/5/95, 
and the FAC effective 9/7/95, document the adoption of the federal 
rules and extends the description of the rules which apply in Florida. 
The following chart is a listing of the Federal requirements and 
Florida's analogous rule and supporting statutes.

----------------------------------------------------------------------------------------------------------------
                             Checklist                                    Federal provision      State provision
----------------------------------------------------------------------------------------------------------------
109 HSWA, 57 FR 37194 8/18/92,                                       40 CFR Parts                62-730.020(1)  
Land Disposal Restrictions for Newly Listed Wastes and Debris        260.10, 261.3                F.A.C.        
                                                                     262.34                       403.704(15)   
                                                                     264.110,                     F.S.,         
                                                                                                 62-730.030(1), 
                                                                                                  403.72,       
                                                                                                 62-730.160(1), 
                                                                                                  403.721,      
                                                                                                 62-730.180 (1) 
                                                                                                  & (2), 403.721
                                                                                                  (2) & (6),    
                                                                                                  403.724.      
                                                                     264.111,                                   
                                                                     264.112,                                   
                                                                     264.140,                                   

[[Page 15408]]

                                                                                                                
                                                                     264.142,                    62-730.180(2), 
                                                                     264.1111,                    403.721 (2) & 
                                                                     254.1101,                    (6).          
                                                                     264.1102,                                  
                                                                     264.1103,                                  
                                                                     264.1110,                   62-730.183,    
                                                                                                  403.721 (2),  
                                                                                                  (3) & (6).    
                                                                     265.110-112,                               
                                                                     265.140,                                   
                                                                     265.142,                                   
                                                                     265.221,                                   
                                                                     265.1100,                                  
                                                                      265.1101,                                 
                                                                     265.1102,                                  
                                                                     265.1103                                   
                                                                     265.1110,                   62-730.220(3), 
                                                                     268.2, 268.7,                403.087(2),   
                                                                                                  403.721(2),   
                                                                                                 403.722 (3),   
                                                                                                  (4) & (7).    
                                                                     268.9, 268.14,                             
                                                                     258.36, 268.40,                            
                                                                     268.41,                                    
                                                                     268.42 (b) & (d)                           
                                                                     and table 2,                               
                                                                     268.43/Table                               
                                                                     CCW,                                       
                                                                     268.45 (a-                                 
                                                                     d)/Table 1,                                
                                                                     268.46/Table 1,                            
                                                                     268.50,                                    
                                                                     Appendix II                                
                                                                     270.13, 270.14,                            
                                                                     270.72                                     
                                                                                                                
(1)40 CFR Part 270.42 (optional requirements) are not adopted by                                                
 Florida.                                                                                                       
110 HSWA                                                             40 CFR 261.4,               62-730.030(1)  
57 FR 37284 8/18/92                                                  261.32, 261,                 F.A.C.        
Coke By-Product Listings                                             Appendix VII                 403.72(1).    
113 Non-HSWA                                                         264.147                     62-730.180(1) &
53 FR 33938 9/1/88                                                                                (2) F.A.C.    
56 FR 30200 7/1/91                                                                                (Amended 1/5/ 
57 FR 42832 9/16/92                                                                               95) and       
Consolidated Liability Requirements                                                              403.721.(2) &  
                                                                                                  (6)(f) F.S.   
                                                                                                 403.724 F.S.   
                                                                                                  Florida       
                                                                                                  adopted none  
                                                                                                  of the        
                                                                                                  optional      
                                                                                                  requirements  
                                                                                                  in this       
                                                                                                  consolidated  
                                                                                                  checklist     
115 HSWA                                                             261.32 Appendix             62-730.030(1)  
57 FR 47376 10/15/92                                                 VII                          F.A.C. &      
Chlorinated Toluene Production Waste Listing                                                      403.72 F.S.   
116 HSWA                                                             268.35                      62-730.183     
57 FR 47772 10/20/92                                                                              F.A.C.,       
Hazardous Soil Case-By-Case Capacity Variance                                                     403.721(2),   
                                                                                                  (3) & (6) F.S.
117A HSWA                                                            261.3                       62-730.030(1)  
57 FR 7628, 3/3/92                                                                                F.A.C., 403.72
57 FR 23062, 6/1/92                                                                               (1) F.S.      
57 FR 49278, 10/30/92,                                                                                          
Reissuance of the Mixture and Derived-From Rules                                                                
118 HSWA                                                             260.10                      62-730.020(1)  
57 FR 54452, 11/18/92,                                               264.13, 264.314,             F.A.C.,       
Liquids in Landfills II                                              264.316,                     403.704(15),  
                                                                                                  F.S.          
                                                                                                 62-730.180(1), 
                                                                                                  403.721(2),   
                                                                                                  (3) & (6)     
                                                                     265.13, 265.314,            62-730.180(2), 
                                                                     265.316                      403.721(2),   
                                                                                                  (3) & (6)     
119 HSWA                                                             261, Appendix               62-730.030(1)  
57 FR 55114, 11/24/92,                                               II, 8.2-8.5                  F.A.C.,       
Amended 58 FR 6854, 2/2/93                                                                        403.72, F.S.  
Toxicity Characteristic Revision, TCLP Correction                                                               
123 HSWA                                                             268.35                      62-730.183     
58 FR 28506, 5/14/93,                                                                             F.A.C.,       
LDR; Renewal of Haz. Waste Debris Case-by-Case Capacity Variance                                  403.721(2),   
                                                                                                  (3) & (6) F.S.
124 HSWA                                                             264.1,                      62-730.180(1), 
58 FR 29860, 5/24/93,                                                265.1                        F.A.C. 403.721
LDR for Ignitable and Corrosive Characteristic Wastes                268.1, 268.2,                (2) F.S.      
                                                                     268.7,                      62-730.180(2), 
                                                                                                  403.721(2)    
                                                                                                 62-730.183,    
                                                                                                  403.721 (2),  
                                                                                                  (3) & (6)     
                                                                     268.9, 268.37, 268.40,                     
                                                                      268.41, Table CCWE,                       
                                                                      268.42, Table 2, 268.43,                  
                                                                      Table CCW                                 

[[Page 15409]]

                                                                                                                
                                                                                                                
(1)The optional July 8, 1987 amendments to 40 CFR 270.42 are not                                                
 adopted by Florida. Rule 62-730.290(1)(d), F.A.C., describes the                                               
 permit modification process and states that the Department may                                                 
 require permit modifications for the causes set forth in 40 CFR                                                
 270.42. Rule 62-730.290(4), F.A.C., describes under what                                                       
 conditions the Department will consider a permittee's request for                                              
 a permit modification.                                                                                         
126 HSWA/Non-HSWA-58 FR 46040, 8/31/93, 59 FR 47980, 9/19/94         260.11                      62-730.021(1)(a
Testing and Monitoring Activities                                    261.22, 261.24,              ), F.A.C.,    
                                                                     App. II, III & X             403.704(15),  
                                                                                                  F.S.          
                                                                                                 62-730.030(1), 
                                                                                                  403.72(1)     
                                                                     264.190, 264.314            62-730.180(1), 
                                                                     265.190, 265.314             403.721 (2) & 
                                                                                                  (6)           
                                                                                                 62-730.180(2), 
                                                                                                  403.721 (2) & 
                                                                                                  (6)           
                                                                                                 62-730.183,    
                                                                                                  403.721 (2),  
                                                                                                  (3) & (6)     
                                                                     268.7, 268.40,              62-730.021(2), 
                                                                     268.41, App. I & IX          403.721(2),   
                                                                                                  403.8055      
                                                                                                 62-730.220(3), 
                                                                                                  403.087,      
                                                                                                  403.721(2),   
                                                                                                 403.722 (3),   
                                                                                                  (4) & (7)     
                                                                     270.6                                      
                                                                     270.19, 270.62,                            
                                                                     270.66                                     
                                                                                                                
(1)CL 126 cited 40 CFR 260.22(d)(1)(I). This citation describes how                                             
 to petition EPA to exclude a waste at a particular generation                                                  
 facility from the lists in 40 CFR Part 261 Subpart D. Florida does                                             
 not adopt the federal regulations concerning delisting petitions.                                              
128 Non-HSWA                                                         260.11                      62-730.021(1)(a
59 FR 458, 1/4/94,                                                   261, Appendix VIII           ), F.A.C.,    
Wastes from the Use of Chlorophenolic Formulations in Wood Surface                                403.704(15),  
 Protection                                                                                       F.S.          
                                                                                                 62-730.030(1), 
                                                                                                  403.72        
129 Non-HSWA                                                         261.4                       62-730.030(1), 
59 FR 8366, 2/18/94                                                                               F.A.C.,       
Revision of Conditional Exemption for Small Scale Treatability                                    403.72,       
 Studies                                                                                          403.8055, F.S.
131 Non-HSWA                                                         264, Appendix 1,            62-730.180(1), 
59 FR 13891, 3/24/94,                                                Tables 1 & 2                 F.A.C. 403.721
Record keeping instructions; Technical Amendment                     265, Appendix I,             (2) & (6),    
                                                                     Tables 1 & 2                 F.S.          
                                                                                                                
                                                                                                                
                                                                                                 62-730.180(2), 
                                                                                                  403.721 (2) & 
                                                                                                  (6) F.S.      
132 Non-HSWA                                                         260.11(a)                   62-730.021(1), 
59 FR 28484 6/2/94,                                                                               F.A.C.        
Wood Surface Protection; Correction                                                               403.704(15),  
                                                                                                  F.S.          
133 Non-HSWA                                                         264.151                     62-730.180(1), 
59 FR 29958, 6/10/94,                                                                             F.A.C.,       
Letter of Credit Revision                                                                         403.721 (2) & 
                                                                                                  (6)(f),       
                                                                                                  403.724, F.S. 
134 Non-HSWA                                                         261.33,                     62-730.030(1), 
59 FR 31551, 6/20/94,                                                Appendix VIII                F.A.C.,       
Correction of Beryllium Powder (PO15) Listing                        268.42 (a)/Table 2           403.72(1),    
                                                                                                  F.S.          
                                                                                                                
                                                                                                 62-730.183,    
                                                                                                  403.721(2)    
                                                                                                                
  142 A-E Non HSWA 60 FR 25492, 5/11/95 Universal Waste Rule                                                    
A--General Provisions; B--Battery Provisions; C--Pesticides Provisions; D--Thermostats Provisions; E--Petition  
 Provisions                                                                                                     
                                                                                                                
A--General Provisions                                                40 CFR Part                 62-730.020(1)  
B--Battery Provisions                                                260.10                       F.A.C.,       
C--Pesticides Provisions                                             Definitions                  403.704(15)   
D--Thermostats Provisions                                                                         F.S.          
E--Petition Provisions                                               260.23                      62-730.021(3)  
                                                                                                  F.A.C.,       
                                                                                                  403.704 (15)  
                                                                                                  F.S.          
A--General Provisions                                                261.5                       62-730.030(1)  
B--Batteries                                                         261.9                        F.A.C.,       
C--Pesticides                                                        261.6                        403.72(1) F.S.
D--Thermostats                                                                                                  
A--General Provisions                                                262.10, 262.11              62-730.160(1)  
                                                                                                  F.A.C.,       
                                                                                                  403.721 (1) & 
                                                                                                  (2) F.S.      
A--General Provisions                                                264.1                       62-730.180(1)  
B--Battery Provisions                                                                             F.A.C. &      
C--Pesticides Provisions                                                                          403.721(2)    
D--Thermostats Provisions                                                                         F.S.          
A--General Provisions                                                265.1                       62-730.180(8)  
B--Battery Provisions                                                                             F.A.C. &      
C--Pesticides Provisions                                                                          403.721 (2)   
D--Thermostats Provisions                                                                         F.S.          
B--Battery Provisions                                                266.80                      62-730.181 (1) 
                                                                                                  F.A.C. &      
                                                                                                  403.721(2)    
                                                                                                  F.S. (58 FR   
                                                                                                  59598)        
A--General Provisions                                                268.1                       62-730.183     
B--Battery Provisions                                                                             F.A.C. &      
C--Pesticides Provisions                                                                          403.721 F.S.  
D--Thermostats Provision                                                                                        
A--General Provisions                                                270.1                       62-730.220 (3) 
B--Battery Provisions                                                                             F.A.C.        
C--Pesticides Provisions                                                                          403.8055 F.S. 
D--Thermostats Provision                                                                                        

[[Page 15410]]

                                                                                                                
A--General Provisions                                                273.1, 273.3,               62-730.185 (1) 
B--Battery Provisions                                                273.4, 273.5,                & (2) F.A.C. &
C--Pesticides Provisions                                             273.6, 273.10                403.721(1)    
D--Thermostats Provisions                                            273.13, 273.14               F.S. & 120.54 
                                                                                                  F.S.          
                                                                     273.31, 273.32,                            
                                                                     273.33, 273.34                             
                                                                     273.35 273.36                              
                                                                     273.37 273.38,                             
                                                                     273.39, 273.40                             
                                                                     273.51, 273.50                             
                                                                     273.51,                                    
                                                                     273.52                                     
                                                                     273.53                                     
                                                                     273,54,                                    
                                                                     273.55                                     
                                                                     273.56 273.60                              
                                                                     273.61 273.62,                             
                                                                     273.70,                                    
E--Petitions Provisions                                              273.80, 273.81              62-730.185 (1) 
                                                                                                  & (2) F.A.C., 
                                                                                                  120.54(f),    
                                                                                                  403.721(2)    
                                                                                                  F.S.          
----------------------------------------------------------------------------------------------------------------

    In addition to the rule modifications listed above, Florida will be 
authorized to carry out, in lieu of the Federal program, the following 
State-initiated changes to provisions of the State's program, which are 
analogous to the indicated Resource Conservation and Recovery Act 
(RCRA) provisions found at Title 40 of the Code of Federal Regulations 
or in RCRA.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                State provision                                                             Federal provision           
--------------------------------------------------------------------------------------------------------------------------------------------------------
62-730.020(3) As amended 9/7/95                                                                                 40 CFR Part 268 and 273                 
62-730.140(1) As amended 9/7/95                                                                                 40 CFR Part 273                         
62-730.150 (1)-(2) as amended 9/7/95                                                                            40 CFR Part 273                         
62-730.150(3) As amended 1/5/95                                                                                 40 CFR parts 124 and 273                
62-730.150(7) As amended 1/5/95                                                                                 RCRA 3007                               
62-730.160 (6) As amended 1/5/95                                                                                40 CFR Part 265.15                      
62-730.160 (7) As amended 1/5/95                                                                                40 CFR Part 265.35                      
62-730.161 (1)-(5) New 1/5/95                                                                                   40 CFR 262.12(b)                        
62-730.171(2) (a)-(2) (b) & (e) & (3) & (4) As amended 1/5/95                                                   40 CFR 265 Sec.  B                      
62-730.181 (2) As amended 1/5/95                                                                                40 CFR 266.20                           
62-730.184 As amended 1/5/95                                                                                    40 CFR 124                              
62-730.220(1) As amended 1/5/95                                                                                 40 CFR 270                              
62-730.300 (1) (a) & (b) As amended 1/5/95                                                                      40 CFR 270.72 & 270.50                  
62-730.300 (4) As amended 1/5/95.                                                                               40 CFR Part 270.72                      
62-730.900 (4) (a) (b) & (d) as amended 1/5/95                                                                  40 CFR 264.151 (g) & (h)(2)             
--------------------------------------------------------------------------------------------------------------------------------------------------------

    In addition to the above listed changes, EPA is authorizing changes 
to the following State provisions. These provisions do not have a 
direct analog in the Federal RCRA regulations. However, none of these 
provisions are considered broader in scope than the Federal program. 
This is so because these provisions either were previously authorized 
as part of Florida's base authorization or have been added to make the 
State's regulations internally consistent with changes made for the 
other authorizations listed in the first paragraph of this section. EPA 
has reviewed these provisions and has determined that they are 
consistent with and no less stringent than the Federal requirements. 
Additionally, this authorization does not affect the status of State 
permits and those permits issued by EPA because no new substantive 
requirements are a part of these revisions.
    In the 1994 Supplement to the Florida Statutes (FS) 1993 Florida 
changed the name from Florida Department of Environmental Regulation to 
Florida Department of Environmental Protection at 403.031(1), 
403.061(14), 403.088, 403.703(1), 403.707,403.722 (12), 403.7222, 
403.727, 403.74(2),

62-730.180(10) new subsection as Amended 1/5/95
62-730.200(1) Name change from Florida Department of Environmental 
Regulation to Florida Department of Environmental Protection
62-730.220(4) As amended 1/5/95
62-730.220 (5)(d) 1. And 2. As amended 1/5/95
62-730.220 (5) (h) 3.(I) as amended 1/5/95
62-730.220(9)(c) As amended 1/5/95
62-730.220(10) As amended 1/5/95
62-730.220(11) As amended 1/5/96
62-730.230 Has been deleted as of 1/5/95
62-730.231(8) As amended 1/5/95
62-730.231(9) As amended 1/5/95
62-730.250(3) As amended 1/5/95
62-730.320(2)(h) As amended 1/5/95
62-730.900 except 4 (a), (b) & (d) As amended 1/5/95
    Florida's rule revision contains a new chapter 62-737 entitled 
Management of Spent Mercury-Containing Lamps and Devices Destined for 
Recycling. The Universal Waste Rule allows for a state to add waste 
streams to the Universal Waste, however, these wastes are not subject 
to the authorization revision provisions in 40 CFR 271.21, since the 
State will be authorized for the universal waste regulations and the 
regulation of hazardous wastes.
    Some portions of Florida's revised program are broader in scope 
than the Federal program, and thus, are not Federally enforceable. 
These broader-in-scope provisions are 403.78 through 403.7893 FS 1993 
and 403.7895 FS 1993.

[[Page 15411]]

    Florida is not authorized to operate the Federal program on Indian 
lands. This authority remains with EPA.

C. Decision

    I conclude that Florida's program revisions meet the statutory and 
regulatory requirements established by RCRA. Accordingly, Florida is 
granted final authorization to operate its hazardous waste program as 
revised.
    Florida now has responsibility 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 HSWA. Florida also has primary 
enforcement responsibilities, although EPA retains the right to conduct 
inspections under Section 3007 of RCRA and to take enforcement actions 
under Section 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.

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 
period. 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 Sate, local or tribal governments or the private sector because the 
requirements of the Florida 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. Florida'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 Florida 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, including 
tribal 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.

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 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).

Paperwork Reduction Act

    Under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., Federal 
agencies must consider the paperwork burden imposed by any information 
request contained in a proposed rule or a final rule. This rule will 
not impose any information requirements upon the regulated community.

List of Subjects in 40 CFR Part 271

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

    Authority: This document 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: March 17, 1997.
A. Stanley Meiburg,
Acting Regional Administrator.
[FR Doc. 97-8088 Filed 3-31-97; 8:45 am]
BILLING CODE 6565-50-P