Federal Register / Vol. 61, No. 101 / Thursday, May 23, 1996 / Rules and Regulations 25799

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 Tennessee’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)).

Dated: May 14, 1996.

A. Stanley Meiburg,

Acting Regional Administrator.

[FR Doc. 96–12886 Filed 5–22–96; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 271

[FRL–5508–2]

Kentucky; Final Authorization of

Revisions to State Hazardous Waste

Management Program

AGENCY: Environmental Protection

Agency.

ACTION: Immediate final rule.

SUMMARY: Kentucky has applied for final

authorization of revisions to its

hazardous waste program under the

Resource Conservation and Recovery

Act (RCRA). Kentucky’s revisions

consist of the provisions contained in

certain rules promulgated between July

1, 1987, through June 30, 1992, which

fall within HSWA Cluster II, NonHSWA Cluster VI, and RCRA Clusters I

and II. These requirements are listed in

Section B of this notice. The

Environmental Protection Agency (EPA)

has reviewed Kentucky’s application

and has made a decision, subject to

public review and comment, that

Kentucky’s hazardous waste program

revisions satisfy all of the requirements

necessary to qualify for final

authorization. Thus, EPA intends to

approve Kentucky’s hazardous waste

program revisions. Kentucky’s

application for program revisions is

available for public review and

comment.

DATES: Final authorization for

Kentucky’s program revisions shall be

effective July 22, 1996, unless EPA

publishes a prior Federal Register

action withdrawing this immediate final

rule. All comments on Kentucky’s

program revision application must be

received by the close of business, June

24, 1996.

ADDRESSES: Copies of Kentucky’s

program revision application are

available during normal business hours

at the following addresses for inspection

and copying: Kentucky Department for

Environmental Protection, Division of

Waste Management, Fort Boone Plaza,

Building 2, 18 Reilly Road, Frankfort,

Kentucky 40601, (502) 564–6716; 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) 347–3555 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

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. Kentucky

Kentucky initially received final

authorization for its base RCRA program

effective on January 31, 1985. Kentucky

has received authorization for revisions

to its program on March 13, 1995,

December 19, 1988, March 20, 1989,

May 15, 1989, and November 30, 1992.

In August 1994, Kentucky submitted a

program revision application for

additional program approvals. Today,

Kentucky is seeking approval of its

program revisions in accordance with

40 CFR 271.21(b)(3).

EPA has reviewed Kentucky’s

application and has made an immediate

final decision that Kentucky’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 Kentucky. The

public may submit written comments on

EPA’s immediate final decision up until

June 24, 1996.

Copies of Kentucky’s application for

these program revisions are available for

inspection and copying at the locations

indicated in the ‘‘Addresses’’ section of

this notice.

Approval of Kentucky’s program

revisions shall become effective July 22,

1996, unless an adverse comment
25800 Federal Register / Vol. 61, No. 101 / Thursday, May 23, 1996 / Rules and Regulations

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.

Kentucky is today seeking authority to

administer the following Federal

requirements promulgated between July

1, 1987, and June 30, 1992.

Checklist Federal requirement FR promulgation date

HSWA or FR

reference State authority

42 ........... Exception Reporting for Small

Quantity Generators of Hazardous Waste.

9/23/87 52 FR 35894 KRS 224.46–570; 401 KAR 32:040§ 3(1)–(2).

44A ........ Permit Application Requirements

Regarding Corrective Action.

12/1/87 52 FR 45788 KRS 224.46–520; 401 KAR 38:100§ 2–3.

44B ........ Corrective Action Beyond Facility

Boundary.

12/1/87 52 FR 45788 KRS 224.46–520; KRS 224.46–530(1)(e),(f),(h), (i),(2); 401 KAR

34:060§ 11(5)(a)–(b); 12(3).

44C ........ Corrective Action for Injection

Wells.

12/1/87 52 FR 45788 KRS 224.46–520; KRS 224.46–530(1)(e), (f), (h), (i), (2); 401

KAR 35:010; 401 KAR 38:060;§ 1(2)(c)1; 1(2)(c)2.

44D ........ Permit Modification ..................... 12/1/87 52 FR 45788 KRS 224.46–520(1)&(2); KRS 224.46–530(1)(g)&(2); 401 KAR

38:040§ 2(1)(c).

44E ........ Permit as a Shield Provision ...... 12/1/87 52 FR 45788 KRS 224.46–520(1)&(2); KRS 224.46–530(1)(a)–(c); 401 KAR

38:010§ 3(1).

44F ......... Permit Conditions to Protect

Human Health and the Environment.

12/1/87 52 FR 45788 KRS 224.46–305; KRS 224.46–520(1)(b)–(c), (2) & (4); KRS

224.46–530(1)(f),(h) & (2); 401 KAR 38:070§ 10.

44G ........ Post Closure Permits .................. 12/1/87 52 FR 45788 KRS 224.46–520; KRS 224.46–530; 401 KAR 38:010§ 1(2).

67 ........... Testing and Monitoring Activities 9/29/89 54 FR 40260 KRS 224.46–510(3); KRS 224.46–530; 401 KAR 30:010§ 3; 401

KAR 31:120§ 1(4).

68 ........... Reportable Quantity Adjustment 10/6/89 54 FR 41402 KRS 224.46–510(3); KRS 224.46–530(1)(n); 401 KAR

31:030§ 1(2), 2(2), 3(2), 4(2); 401 KAR 31:040§ 2(1), 3 & 4(5);

401 KAR 31:120§ 1(4); 401 KAR 31:160§ 1; 401 KAR

31:170§ 1.

72 ........... Modifications of F019 Listing ...... 2/14/90 55 FR 5340 KRS 224.46–510(3); KRS 224.46–530(1)(n); 401 KAR

31:030§ 1(2),2(2),3(2),4(2); 401 KAR 31:040§ 2(1), 3 & 4(5);

401 KAR 31:120§ 1(4); 401 KAR 31:160§ 1; 401 KAR

31:170§ 1.

73 ........... Testing and Monitoring Activities;

Technical Corrections.

3/9/90 55 FR 8948 KRS 224.46–510(3); KRS 224.46–530; 401 KAR 30:010§ 3; 401

KAR 30:120§ 1(4).

75 ........... Listing of 1, 1-Dimethylhydrazine

Production Wastes.

5/2/90 55 FR 18496 KRS 224.46–510(3); KRS 224.46–530(1)(n); 401 KAR

31:030§ 1(2),2(2),3(2),4(2); 401 KAR 31:040§ 2(1), 3, & 4(5);

401 KAR 31:120§ 1(4); 401 KAR 31:160§ 1; 401 KAR

31:170§ 1.

76 ........... Criteria for Listing Toxic Wastes;

Technical Amendment.

5/4/90 55 FR 18726 KRS 224.46–510(3); 401 KAR 31:020§ 2(1)(c).

77 ........... HSWA Codification Rule; Double

Liners; Correction.

5/9/90 55 FR 19262 KRS 224.46–520; KRS 224.46–530(1)(f), (h), & (i); 401 KAR

34:200§ 2(3); 401 KAR 34:230§ 2(4).

80 ........... Toxicity Characteristic; Hydrocarbon Recovery Operations

(HSWA).

10/5/90 55 FR 40834 KRS 224.46–510(3); 401 KAR 31:010§ 4(2)(k).

81 ........... Petroleum Refinery Primary and

Secondary Oil/Water/Solids

Separation Sludge Listings

(F037 and F038).

11/2/90 55 FR 46354 KRS 224.46–510(3); KRS 224.46–530; 401 KAR 31:040§ 2(2).

84 ........... Toxicity Characteristic;

Chlorofluorocarbon Refrigerants.

2/13/91 56 FR 5910 KRS 224.46–510(3); KRS 224.46–530(1)(n) & (2); 401 KAR

31:010§ 4(2)(1).

86 ........... Removal of Strontium Sulfide

from the List of Hazardous

Waste; Technical Amendment.

2/25/91 56 FR 7567 KRS 224.46–510(3); KRS 224.46–530(1)(n); 401 KAR

31:030§ 1(2),2(2),3(2) & 4(2); 401 KAR 31:040§ 2(1), 3, & 4(5);

401 KAR 31:120§ 1(4); 401 KAR 31:160§ 1; 401 KAR

31:170§ 1.

88 ........... Administrative Stay for K069

Listing.

5/1/91 56 FR 19951 KRS 224.46–510(3); KRS 224.46–530(1)(n); 401 KAR

31:030§ 1(2),2(2),3(2) & 4(2); 401 KAR 31:040§ 2(1), 3, & 4(5);

401 KAR 31:120§ 1(4); 401 KAR 31:160§ 1; 401 KAR

31:170§ 1.

89 ........... Revision to F037 and F038 Listings.5/13/91 56 FR 21955 KRS 224.46–510(3); KRS 224.46–530(1)(n); 401 KAR

31:030§ 1(2),2(2),3(2) & 4(2); 401 KAR 31:040§ 2(1), 3, & 4(5);

401 KAR 31:120§ 1(4); 401 KAR 31:160§ 1; 401 KAR

31:170§ 1.

97 ........... Exports of Hazardous Waste;

Technical Correction.

9/4/91 56 FR 43704 KRS 224.46–510(a), (d)–(g); 401 KAR 32:050§ 4(2), & 7(2).
Federal Register / Vol. 61, No. 101 / Thursday, May 23, 1996 / Rules and Regulations 25801

Checklist Federal requirement FR promulgation date

HSWA or FR

reference State authority

99 ........... Amendments to Interim Status

Standards for Downgradient

Ground-Water Monitoring Well

Locations.

12/23/91 56 FR 66365 KRS 224.46–520(1); KRS 224.46–530(1)(h)–(i) & 2; 401 KAR

35:060§ 2(1)(c).

104 ......... Used Oil Filter Exclusion ............ 5/20/92 57 FR 21524 KRS 224.46–510(3); KRS 224.46–530(1)(n); 401 KAR

31:010§ 4(2)(m).

105 ......... Recycled Coke By-Product Exclusion.6/22/92 57 FR 27880 KRS 224.46–510(3); KRS 224.46–530(1)(n); 401 KAR

31:010§ 4(1)(j).

C. Decision

I conclude that Kentucky’s

application for these program revisions

meet all of the statutory and regulatory

requirements established by RCRA.

Accordingly, Kentucky is granted final

authorization to operate its hazardous

waste program as revised.

Kentucky 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 application and

previously approved authorities.

Kentucky 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), 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

Kentucky’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 Kentucky’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)).

Dated: May 14, 1996.

A. Stanley Meiburg,

Acting Regional Administrator.

[FR Doc. 96–12887 Filed 5–22–96; 8:45 am]

BILLING CODE 6560–50–P