[Federal Register Volume 61, Number 81 (Thursday, April 25, 1996)]
[Rules and Regulations]
[Pages 18281-18284]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10102]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271

[FRL-5459-2]


Alabama; Final Authorization of Revisions to State Hazardous 
Waste Management Program

AGENCY: Environmental Protection Agency.

ACTION: Immediate final rule.

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SUMMARY: Alabama has applied for final authorization of revisions to 
its hazardous waste program under the Resource Conservation and 
Recovery Act (RCRA). Alabama's revisions consist of Section B 
``Corrective Action Beyond Facility Boundary'' and Section C 
``Corrective Action for Injection Wells'' of the HSWA Codification Rule 
in HSWA Cluster II, ``Burning of Hazardous Waste in Boilers and 
Industrial Furnaces Corrections and Technical Amendment'', ``Burning of 
Hazardous Waste in Boilers and Industrial Furnaces Technical Amendment 
II'', and ``Boilers and Industrial Furnaces; Administrative Stay for 
Coke Ovens'' which are provisions in RCRA Cluster II and ``Corrective 
Action Management Units and Temporary Units'' (CAMU), a RCRA Cluster 
III provision. These requirements are listed in Section B of this 
notice. The Environmental Protection Agency (EPA) has reviewed 
Alabama's applications and has made a decision, subject to public 
review and comment, that Alabama's hazardous waste program revisions 
satisfy all of the requirements necessary to qualify for final 
authorization. Thus, EPA intends to approve Alabama's hazardous waste 
program revisions. Alabama's applications for program revisions are 
available for public review and comment.
DATES: Final authorization for Alabama's program revisions shall be 
effective June 24, 1996 unless EPA publishes a prior Federal Register 
action withdrawing this immediate final rule. All comments on Alabama's 
program revision applications must be received by the close of 
business, May 28, 1996.
ADDRESSES: Copies of Alabama's program revision applications are 
available during 8:00 am to 4:30 pm at the following addresses for 
inspection and copying: Alabama Department of Environmental Management, 
1751 Congressman W. L. Dickinson Drive, Montgomery, Alabama 36109-2608, 
(334) 271-7700; U.S. EPA, Region 4, Library, 345 Courtland Street, NE, 
Atlanta, Georgia 30365; (404) 347-4216. Written comments should be sent 
to Al Hanke at the address listed below.
FOR FURTHER INFORMATION CONTACT: Al Hanke, Chief, State Programs 
Section, Waste Programs Branch, Waste Management Division, U.S. 
Environmental Protection Agency, 345 Courtland Street, NE, Atlanta, 
Georgia 30365; (404) 347-2234 vmx 2018.

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. In addition, as an 
interim measure, the Hazardous and Solid Waste Amendments of 1984 
(Public Law 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

[[Page 18282]]

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 260-268 and 124 and 270.

B. Alabama

    Alabama initially received final authorization for its base RCRA 
program effective on December 22, 1987. Alabama received authorization 
for revisions to its program on January 28, 1992, July 12, 1992, 
December 21, 1992, May 17, 1993, November 23, 1993, April 4, 1994, 
January 13, 1995 and October 13, 1995. On July 1, 1991, and June 25, 
1993, Alabama submitted program revision applications for additional 
program approvals. Today, Alabama is seeking approval of its program 
revisions in accordance with 40 CFR 271.21(b)(3).
    EPA has reviewed Alabama's applications and has made an immediate 
final decision that Alabama's hazardous waste program revisions satisfy 
all of the requirements necessary to qualify for final authorization. 
Consequently, EPA intends to grant final authorization for the 
additional program modifications to Alabama. The public may submit 
written comments on EPA's immediate final decision up until May 28, 
1996.
    Copies of Alabama's applications for these program revisions are 
available for inspection and copying at the locations indicated in the 
``Addresses'' section of this notice. Approval of Alabama's program 
revisions shall become effective June 24, 1996, 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 comments which either affirms that the immediate final 
decision takes effect or reverses the decision.
    EPA shall administer any RCRA hazardous waste permits, or portions 
of permits that contain conditions based upon the Federal program 
provisions for which the State is applying for authorization and which 
were issued by EPA prior to the effective date of this authorization. 
EPA will suspend issuance of any further permits under the provisions 
for which the State is being authorized on the effective date of this 
authorization.
    Alabama is today seeking authority to administer the following 
Federal requirements.

----------------------------------------------------------------------------------------------------------------
                                                                               FR                               
             Federal requirement                      FR reference        promulgation       State authority    
                                                                              date                              
----------------------------------------------------------------------------------------------------------------
Checklist 44 B...............................  52 FR 45788..............       12/1/87  335-14-5-.06(11)(e),(e)1
                                                                                         ,2                     
                                                                                        335-14-5.06(12)(c)      
    HSWA Codification Rule; Corrective Action                                                                   
     Beyond Facility Boundary                                                                                   
Checklist 44 C...............................  52 FR 45788..............       12/1/87  335-6-8-.07             
                                                                                        335-14-6-.01(1)(c)      
    HSWA Codification Rule; Correction Action                                                                   
     for Injection Wells                                                                                        
Checklist 94.................................  56 FR 32688..............        7/17/9  335.1401(3)(c)2.(ii)(II)
                                                                                        335-14-.01(6)(a)2,2.(ii)
                                                                                        335-14-6-.16(1)         
                                                                                        335-14-7-.05(1)(c)(d)   
                                                                                        335-14-7-.08 (1-        
                                                                                         8),(9)(a)(c),(10)      
                                                                                        335-14-7-Appendix I-IV, 
                                                                                         Appendix VII-X         
                                                                                        335-14-8-.02(13)(a)     
                                                                                         2.(ii)(II)(III)        
                                                                                        335-14-8-.02(13)(a)5.(vi
                                                                                         i)                     
                                                                                        335-14-8-.02(13)(a)6,(b)
                                                                                         1                      
                                                                                        335-14-8-.06(5)(b)1,4   
                                                                                        335-14-8-.06(5)(c)2.(i),
                                                                                         2.(ii), 3.(vi),3.(vii) 
                                                                                        335-14-8-.07(4)(f)(g)   
    Burning of Hazardous Waste in Boilers and                                                                   
     Industrial Furnaces; Corrections and                                                                       
     Technical Amendments I                                                                                     
Checklist 96.................................  56 FR 42504..............       8/27/91  335-14-2-.01(2)(d)2,2.(i
                                                                                         -iii)                  
                                                                                        335-14-6-.07(3)(d)2,    
                                                                                         (d)2.(i),(ii)          
                                                                                        335-14-6-.07(4)(a)(b)   
                                                                                        335.14.7-.08(1)(3)(4)(5)
                                                                                         , (9)(a)2(10-13)       
                                                                                        335-14-7-Appendix       
                                                                                         IX,XI,XII              
    Burning of Hazardous Waste in Boilers and                                                                   
     Industrial Furnaces; Technical                                                                             
     Amendments II                                                                                              
Checklist 98.................................  56 FR 43874..............        9/5/91  335-14-7-.08(1)         

[[Page 18283]]

                                                                                                                
    Burning of Hazardous Waste in Boilers and                                                                   
     Industrial Furnaces; Administrative Stay                                                                   
     for Coke Ovens                                                                                             
Checklist 121................................  58 FR 8658...............       2/16/93  335-14-1-.02(1)         
                                                                                        335-14-5-.01(3)         
                                                                                        335-14-5-.06(12)(b)     
                                                                                        335-14-5-.19(1)(a),(1)(a
                                                                                         )1,2                   
                                                                                        335-14-5-19(1)(b)1,(1)(b
                                                                                         )1.(i),(ii)            
                                                                                        335-14-5-.19(1)(b)2,(1)(
                                                                                         c), (1)(c)1-           
                                                                                         (7),(1)d,(1)(e),       
                                                                                         (1)(e)1,2,3,3.(i).3.(ii
                                                                                         ),                     
                                                                                         (1)(e)4,(1)(f),(1)(g),(
                                                                                         1)(h)                  
                                                                                        335-14-5-.19(2)(a-g)    
                                                                                        335-14-6-.01(1)(a)      
                                                                                        335-14-9-.01(2)         
                                                                                        335-14-1-.02(2)         
                                                                                        335-14-8-.04(3)(b)      
    Corrective Action Management Units and                                                                      
     Temporary Units                                                                                            
----------------------------------------------------------------------------------------------------------------


    Alabama's applications for these program revisions meet all of the 
statutory and regulatory requirements established by RCRA. Accordingly, 
Alabama is granted final authorization to operate its hazardous waste 
program as revised.
    Alabama now has responsibility for permitting treatment, storage, 
and disposal facilities within its borders and carrying out other 
aspects of the RCRA program, subject to the limitations of its program 
revision applications and previously approved authorities. Alabama 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.

Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), P.L. 
104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, EPA 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``Federal mandates'' 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. When a written statement is needed for an EPA rule, section 
205 of the UMRA generally requires EPA to identify and consider a 
reasonable number of regulatory alternatives and adopt the least 
costly, most cost-effective or least burdensome alternative that 
achieves the objectives of the rule. The provisions of section 205 do 
not apply when they are inconsistent with applicable law. Moreover, 
section 205 allows EPA to adopt an alternative other than the least 
costly, most cost-effective or least burdensome alternative if the 
Administrator publishes with the final rule an explanation why that 
alternative was not adopted. Before EPA establishes any regulatory 
requirements that may significantly or uniquely affect small 
governments, including tribal governments, it must have developed under 
section 203 of the UMRA a small government agency plan. The plan must 
provide for notifying potentially affected small governments, giving 
them meaningful and timely input in the development of EPA regulatory 
proposals with significant Federal intergovernmental mandates, and 
informing, educating, and advising them on compliance with the 
regulatory requirements.
    EPA has determined that this rule does not contain a Federal 
mandate that may result in expenditures of $100 million or more for 
State, local and tribal governments, in the aggregate, or the private 
sector in any one year. EPA does not anticipate that the approval of 
Alabama's hazardous waste program referenced in today's notice will 
result in annual costs of $100 million or more.
    EPA's approval of state programs generally has a deregulatory 
effect on the private sector because once it is determined that a state 
hazardous waste program meets the requirements of RCRA section 3006(b) 
and the regulations promulgated thereunder at 40 CFR Part 271, owners 
and operators of hazardous waste treatment, storage, or disposal 
facilities (TSDFs) may take advantage of the flexibility that an 
approved state may exercise. Such flexibility will reduce, not increase 
compliance costs for the private sector. Thus, today's rule is not 
subject to the requirements of sections 202 and 205 of the UMRA.
    EPA has determined that this rule contains no regulatory 
requirements that might significantly or uniquely affect small 
governments. The Agency recognizes that small governments may own and/
or operate TSDFs that will become subject to the requirements of an 
approved state hazardous waste program. However, such small governments 
which own and/or operate TSDFs are already subject to the requirements 
in 40 CFR Parts 264, 265, and 270. Once EPA authorizes a state to 
administer its own hazardous waste program and any revisions to that 
program, these same small governments will be able to own and operate 
their TSDFs with increased levels of flexibility provided under the 
approved state program.

Certification Under the Regulatory Flexibility Act

    Pursuant to the provisions of 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 effectively 
suspends the applicability of certain Federal regulations in favor of 
Alabama'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,

[[Page 18284]]

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)).

    Dated: April 4, 1996.
John H. Hankinson, Jr.,
Regional Administrator.
[FR Doc. 96-10102 Filed 4-24-96; 8:45 am]
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