Federal Register / Vol. 62, No. 62 / Tuesday, April 1, 1997 / Rules and Regulations 15407

Dated: January 28, 1997.

David A. Ullrich,

Acting Regional Administrator.

[FR Doc. 97–8181 Filed 3–31–97; 8:45 am]

BILLING CODE 6560–50–P

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,

Land Disposal Restrictions for Newly Listed Wastes

and Debris

40 CFR Parts

260.10, 261.3

262.34

264.110,

62–730.020(1) F.A.C. 403.704(15) 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,
15408 Federal Register / Vol. 62, No. 62 / Tuesday, April 1, 1997 / Rules and Regulations

Checklist Federal provision State provision

264.142,

264.1111,

254.1101,

264.1102,

264.1103,

62–730.180(2), 403.721 (2) & (6).

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,

268.2, 268.7,

62–730.220(3), 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

40 CFR Part 270.42 (optional requirements) are not adopted by Florida.

110 HSWA

57 FR 37284 8/18/92

Coke By-Product Listings

40 CFR 261.4,

261.32, 261,

Appendix VII

62–730.030(1) F.A.C. 403.72(1).

113 Non-HSWA

53 FR 33938 9/1/88

56 FR 30200 7/1/91

57 FR 42832 9/16/92

Consolidated Liability Requirements

264.147 62–730.180(1) & (2) F.A.C. (Amended 1/5/95) and

403.721.(2) & (6)(f) F.S.

403.724 F.S. Florida adopted none of the optional requirements in this consolidated checklist

115 HSWA

57 FR 47376 10/15/92

Chlorinated Toluene Production Waste Listing

261.32 Appendix

VII

62–730.030(1) F.A.C. & 403.72 F.S.

116 HSWA

57 FR 47772 10/20/92

Hazardous Soil Case-By-Case Capacity Variance

268.35 62–730.183 F.A.C., 403.721(2), (3) & (6) F.S.

117A HSWA

57 FR 7628, 3/3/92

57 FR 23062, 6/1/92

57 FR 49278, 10/30/92,

Reissuance of the Mixture and Derived-From Rules

261.3 62–730.030(1) F.A.C., 403.72 (1) F.S.

118 HSWA

57 FR 54452, 11/18/92,

Liquids in Landfills II

260.10

264.13, 264.314,

264.316,

62–730.020(1) F.A.C., 403.704(15), F.S.

62–730.180(1), 403.721(2), (3) & (6)

265.13, 265.314,

265.316

62–730.180(2), 403.721(2), (3) & (6)

119 HSWA

57 FR 55114, 11/24/92,

Amended 58 FR 6854, 2/2/93

Toxicity Characteristic Revision, TCLP Correction

261, Appendix

II, 8.2–8.5

62–730.030(1) F.A.C., 403.72, F.S.

123 HSWA

58 FR 28506, 5/14/93,

LDR; Renewal of Haz. Waste Debris Case-by-Case

Capacity Variance

268.35 62–730.183 F.A.C., 403.721(2), (3) & (6) F.S.

124 HSWA

58 FR 29860, 5/24/93,

LDR for Ignitable and Corrosive Characteristic Wastes

264.1,

265.1

268.1, 268.2,

268.7,

62–730.180(1), F.A.C. 403.721 (2) F.S.

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
Federal Register / Vol. 62, No. 62 / Tuesday, April 1, 1997 / Rules and Regulations 15409

Checklist Federal provision State provision

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

Testing and Monitoring Activities

260.11

261.22, 261.24,

App. II, III & X

62–730.021(1)(a), F.A.C., 403.704(15), F.S.

62–730.030(1), 403.72(1)

264.190, 264.314

265.190, 265.314

62–730.180(1), 403.721 (2) & (6)

62–730.180(2), 403.721 (2) & (6)

62–730.183, 403.721 (2), (3) & (6)

268.7, 268.40,

268.41, App. I & IX

62–730.021(2), 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

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

59 FR 458, 1/4/94,

Wastes from the Use of Chlorophenolic Formulations in

Wood Surface Protection

260.11

261, Appendix VIII

62–730.021(1)(a), F.A.C., 403.704(15), F.S.

62–730.030(1), 403.72

129 Non-HSWA

59 FR 8366, 2/18/94

Revision of Conditional Exemption for Small Scale

Treatability Studies

261.4 62–730.030(1), F.A.C., 403.72, 403.8055, F.S.

131 Non-HSWA

59 FR 13891, 3/24/94,

Record keeping instructions; Technical Amendment

264, Appendix 1,

Tables 1 & 2

265, Appendix I,

Tables 1 & 2

62–730.180(1), F.A.C. 403.721 (2) & (6), F.S.

62–730.180(2), 403.721 (2) & (6) F.S.

132 Non-HSWA

59 FR 28484 6/2/94,

Wood Surface Protection; Correction

260.11(a) 62–730.021(1), F.A.C. 403.704(15), F.S.

133 Non-HSWA

59 FR 29958, 6/10/94,

Letter of Credit Revision

264.151 62–730.180(1), F.A.C., 403.721 (2) & (6)(f), 403.724, F.S.

134 Non-HSWA

59 FR 31551, 6/20/94,

Correction of Beryllium Powder (PO15) Listing

261.33,

Appendix VIII

268.42 (a)/Table 2

62–730.030(1), F.A.C., 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

B—Battery Provisions

C—Pesticides Provisions

D—Thermostats Provisions

40 CFR Part

260.10

Definitions

62–730.020(1) F.A.C., 403.704(15) F.S.

E—Petition Provisions 260.23 62–730.021(3) F.A.C., 403.704 (15) F.S.

A—General Provisions

B—Batteries

C—Pesticides

D—Thermostats

261.5

261.9

261.6

62–730.030(1) F.A.C., 403.72(1) F.S.

A—General Provisions 262.10, 262.11 62–730.160(1) F.A.C., 403.721 (1) & (2) F.S.

A—General Provisions

B—Battery Provisions

C—Pesticides Provisions

D—Thermostats Provisions

264.1 62–730.180(1) F.A.C. & 403.721(2) F.S.

A—General Provisions

B—Battery Provisions

C—Pesticides Provisions

D—Thermostats Provisions

265.1 62–730.180(8) F.A.C. & 403.721 (2) 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

B—Battery Provisions

C—Pesticides Provisions

D—Thermostats Provision

268.1 62–730.183 F.A.C. & 403.721 F.S.

A—General Provisions

B—Battery Provisions

C—Pesticides Provisions

D—Thermostats Provision

270.1 62–730.220 (3) F.A.C. 403.8055 F.S.
15410 Federal Register / Vol. 62, No. 62 / Tuesday, April 1, 1997 / Rules and Regulations

Checklist Federal provision State provision

A—General Provisions

B—Battery Provisions

C—Pesticides Provisions

D—Thermostats Provisions

273.1, 273.3,

273.4, 273.5,

273.6, 273.10

273.13, 273.14

62–730.185 (1) & (2) F.A.C. & 403.721(1) 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 §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-inscope provisions are 403.78 through

403.7893 FS 1993 and 403.7895 FS

1993.
Federal Register / Vol. 62, No. 62 / Tuesday, April 1, 1997 / Rules and Regulations 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

40 CFR Part 300

[FRL–5804–9]

National Oil and Hazardous

Substances Pollution Contingency

Plan; National Priorities List

AGENCY: Environmental Protection

Agency.

ACTION: Notice of deletion of the Minot

Landfill Site from the National Priorities

List (NPL).

SUMMARY: The Environmental Protection

Agency (EPA) announces the deletion of

the Minot Landfill Superfund Site (Site)

located in Ward County, North Dakota,

from the National Priorities List (NPL).