[Federal Register Volume 60, Number 69 (Tuesday, April 11, 1995)]
[Rules and Regulations]
[Pages 18358-18360]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8878]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271

[FRL-5189-5]


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 Nevada 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 Nevada's 
application and has made a decision, subject to public review and 
comment, that Nevada's hazardous waste program revisions satisfy all of 
the requirements necessary to qualify for final authorization. Thus, 
EPA intends to approve Nevada's hazardous waste program revisions. 
Nevada's application for program revision is available for public 
review and comment.

DATES: Final authorization for Nevada is effective June 12, 1995, 
unless EPA publishes a prior Federal Register action withdrawing this 
immediate final rule. All comments on Nevada's program revision 
application must be received by the close of business May 11, 1995.

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

Nevada Department of Conservation and Natural Resources, Division of 
Environmental Protection, 123 W. Nye Lane, Carson City, NV 89710, 
Phone: 702/687-5872, Contact L.H. Dodgion, Administrator
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 April Katsura, U.S. EPA Region 
IX (H-4), 75 Hawthorne Street, San Francisco, CA 94105 Phone: 415/744-
2030.

FOR FURTHER INFORMATION CONTACT: April Katsura, U.S. EPA Region IX (H-
4), 75 Hawthorne Street, San Francisco, CA 94105 Phone: 415/744-2030.

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. 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, 260-266, 268, 270 and 
279.

B. Nevada

    Nevada initially received final authorization for the base program 
on November 1, 1985. On May 27, 1994, Nevada received final 
authorization for revisions to its hazardous waste program, which 
included substantially all the Federal RCRA implementing 
[[Page 18359]] regulations published in the Federal Register through 
July 1, 1993. On March 13, 1995, Nevada submitted an application for 
additional revision approvals. Today, Nevada is seeking approval of its 
program revisions in accordance with 40 CFR 271.21(b)(3).
    EPA has reviewed Nevada's application, and has made an immediate 
final decision that Nevada's hazardous waste program revisions satisfy 
all of the requirements necessary to qualify for final authorization. 
Consequently, EPA intends to approve final authorization for Nevada's 
hazardous waste program revisions. The public may submit written 
comments on EPA's immediate final decision up until May 11, 1995. 
Copies of Nevada's application for program revision are available for 
inspection and copying at the locations indicated in the ADDRESSES 
section of this notice.
    Approval of Nevada'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.
    Nevada is applying for authorization for changes and additions to 
the Federal RCRA implementing regulations that occurred between July 1, 
1993 and July 1, 1994, including the following Federal hazardous waste 
regulations:

------------------------------------------------------------------------
           Federal requirement                     State analog         
------------------------------------------------------------------------
Requirements for Preparation, Adoption,   Nevada Revised Statutes (NRS) 
 and Submittal of Implementation Plans     459.485 and 459.490; Nevada  
 (58 FR 38816, July 20, 1993).             Administrative Code (NAC)    
                                           444.8632-.8634.              
Hazardous Waste Management System;        NRS 459.485 and 459.490; NAC  
 Testing and Monitoring Activities (58     444.8632-.8634.              
 FR 46040, August 31, 1993).                                            
Burning of Hazardous Waste in Boilers     NRS 459.485 and 459.490; NAC  
 and Industrial Furnaces (58 FR 59598,     444.8632-.8634.              
 November 9, 1993).                                                     
Hazardous Waste Management System;        NRS 459.485 and 459.490; NAC  
 Identification and Listing of Hazardous   444.8632-.8634.              
 Waste; Wastes from Wood Surface                                        
 Protection (59 FR 458, January 4, 1994).                               
Hazardous Waste Management System;        NRS 459.485 and 459.490; NAC  
 Identification and Listing of Hazardous   444.8632-.8634.              
 Waste; Treatability Studies Sample                                     
 Exclusion (59 FR 8362, February 18,                                    
 1994).                                                                 
Hazardous Waste Identification and        NRS 459.485 and 459.490; NAC  
 Listing of Hazardous Waste; Recycled      444.8632-.8634               
 Used Oil Management Standards (59 FR                                   
 10550, March 4, 1994).                                                 
Recordkeeping Instructions (59 FR 13891,  NRS 459.485, 459.490, +       
 March 24, 1994).                          459.550; NAC 444.8632-.8634. 
Hazardous Waste Management System;        NRS 459.485 and 459.490; NAC  
 Identification and Listing of Hazardous   444.8632-.8634.              
 Wastes; Wastes from Wood Surface                                       
 Protection; Correction (59 FR 28484,                                   
 June 2, 1994).                                                         
Standards Applicable to Owners and        NRS 459.485 and 459.490; NAC  
 Operators of Hazardous Waste Treatment,   444.8632-.8634.              
 Storage, and Disposal Facilities,                                      
 Underground Storage Tanks, Underground                                 
 Injection Control Systems; Financial                                   
 Assurance; Letter of Credit (59 FR                                     
 29958, June 10, 1994).                                                 
Hazardous Waste Management System;        NRS 459.485 and 459.490; NAC  
 Correction of Beryllium Powder (PO15)     444.8632-.8634.              
 Listing (59 FR 31551, June 20, 1994).                                  
------------------------------------------------------------------------

    Note: NRS 459.485 effective 1981, amended 1991; NRS 459.490 
effective 1981, amended 1987; NRS 459.550 effective 1981, amended 
1985, 1987, and 1989; and NAC 444.8632, effective 1987, amended 
1990, 1992, 1993, and 1994; NAC 444.8632 adopts by reference 40 CFR 
part 2, subpart A; 124, subparts A and B; 260 through 270, 
inclusive; and 279, as modified by NAC 444.8633, NAC 444.8634,and 
NAC 444.86325.

    Nevada agrees to review all State hazardous waste permits which 
have been issued under State law prior to the effective date of this 
authorization. Nevada agrees to then modify or revoke and reissue such 
permits as necessary to require compliance with the amended State 
program. The modifications or revocation and reissuance will be 
scheduled in the annual State Grant Work Plan.
    Nevada is not being authorized to operate any portion of the 
hazardous waste program on Indian lands.

C. Decision

    I conclude that Nevada's application for program revision meets all 
of the statutory and regulatory requirements established by RCRA. 
Accordingly, Nevada is granted final authorization to operate its 
hazardous waste program as revised.
    Nevada 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 
(Public Law 98-616, November 8, 1984) (``HSWA''). Nevada 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.

Certification Under the Regulatory Flexibility Act

    Pursuant to the provisions of 5 USC 605(b), I hereby certify that 
this authorization will not have a significant economic impact on a 
substantial number of small entities. This authorization effectively 
suspends the applicability of certain Federal regulations in favor of 
Nevada's program, thereby eliminating duplicative requirements for 
handlers of hazardous waste in the State. It does not impose any new 
burdens on small entities. This rule, therefore, does not require a 
regulatory flexibility analysis.

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 recordkeeping 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, 6974(b).

    [[Page 18360]] Dated: April 3, 1995.
John C. Wise,
Acting Regional Administrator.
[FR Doc. 95-8878 Filed 4-10-95; 8:45 am]
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