Federal Register / Vol. 61, No. 101 / Thursday, May 23, 1996 / Rules and Regulations 25791

(A) Amendments to Forsyth County

regulations Subchapter 3D .0104(a),

.0531 (e)–(k), .0902 (a)–(h), .0907 (a)–(c),

.0909 (a, c, d, e, and g), .0910 (a)–(d),

.0911, .0950 (a and b), .0952 (a)–(c) and

.0954 (f, h, k) adopted into the Air

Quality Control Technical Code on

November 13, 1995.

(B) Amendments to Forsyth County

regulations Subchapter 3D .0501 (a)–(h),

.0516 (a and b), .0518 (a)–(g), and .0530

(a)–(s), adopted into the Air Quality

Control Technical Code on August 14,

1995.

(C) Subchapter 3D .0955, .0956, and

.0957 adopted into the Air Quality

Control Technical Code on August 14,

1995.

(ii) Other material. None.

[FR Doc. 96–12890 Filed 5–22–96; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 52

[WA48–7121a; FRL–5506–3]

Approval and Promulgation of

Implementation Plans: Washington

AGENCY: Environmental Protection

Agency.

ACTION: Direct final rule.

SUMMARY: The Environmental Protection

Agency (EPA) is approving in part, and

disapproving in part, the Energy Facility

Site Evaluation Council Regulations

(EFSEC) as revisions to the Washington

State Implementation Plan (SIP). These

revisions were submitted to EPA by the

Director of the Washington Department

of Ecology (WDOE) on November 29,

1995 and in accordance with the

requirements of Title I Section 110 and

part D of the Clean Air Act (hereinafter

referred to as the Act). EPA is taking no

action on a number of the submitted

provisions which are unrelated to the

purposes of the implementation plan.

DATES: This action is effective on July

22, 1996 unless adverse or critical

comments are received by June 24,

1996. If the effective date is delayed,

timely notice will be published in the

Federal Register.

ADDRESSES: Written comments should

be addressed to: Montel Livingston, SIP

Manager, Office of Air Quality (OAQ–

107), EPA, 1200 Sixth Avenue, Seattle,

Washington 98101.

Documents which are incorporated by

reference are available for public

inspection at the Air and Radiation

Docket and Information Center,

Environmental Protection Agency, 401

M Street, SW., Washington, D.C. 20460.

Copies of material submitted to EPA

may be examined during normal

business hours at the following

locations: EPA, Region 10, Office of Air

Quality, 1200 Sixth Avenue (OAQ–107),

Seattle, Washington 98101; and, the

State of Washington, Department of

Ecology, 4550 Third Avenue SE, Lacey,

Washington 98504.

FOR FURTHER INFORMATION CONTACT: Ed

Jones, Office of Air Quality (OAQ–107),

EPA, Seattle, Washington 98101, (206)

553–1743.

SUPPLEMENTARY INFORMATION

I. Background

The Energy Facility Site Evaluation

Council (EFSEC) amended Chapter 463–

39 of the Washington Administrative

Code (WAC) on September 21, 1995.

The Washington Department of Ecology

(WDOE), on behalf of the Governor,

submitted the amended regulations to

EPA on November 29, 1995 as a revision

to the Washington SIP. The amended

regulations pertain to General and

Operating Permit Regulations for Air

Pollution Sources administered by

EFSEC, and adopt by reference various

other state regulations. Some of the

regulations adopted by reference have

been the subject of previous EPA actions

on the SIP.

II. This Action

The state of Washington’s November

29, 1995 request for SIP revision

included fifteen regulations contained

in Chapter 463–39 of the WAC. Certain

of these regulations are amendments to

those currently contained in the SIP;

others are entirely new additions. As

part of the submittal the state also

requested that particular outdated WAC

463–39 regulations, currently in the

approved SIP, be removed.

A. Unchanged. EPA approves two

Chapter 463–39 regulations currently in

the SIP, and unchanged by the

November 29, 1995 revisions. These are

WAC 463–39–135 and –170.

B. Modifications. EPA approves, with

minor exception, the modification of

five amended Chapter 463–39

regulations currently in the SIP. These

are: WAC 463–39–010, –020, –030,

–100, and –120. The language in three

of these regulations—WAC 463–39–010

‘‘Purpose,’’ 463–39–020

‘‘Applicability,’’ and 463–39–100

‘‘Registration’’—has been modified only

slightly over that used in versions

currently in the SIP.

WAC 463–39–030 ‘‘Additional

Definitions’’ has been modified to

eliminate the listing of specific terms

and their regulatory meanings. The

modified regulation is brief and states

that in addition to the definitions

provided in WAC 173–400–030, 173–

401–200, and 173–406–101, ‘‘ecology’’

and ‘‘authority’’ shall be synonymous

with EFSEC. WAC 173–400–030 has

been previously approved for inclusion

in the SIP, and EPA approves the use of

these definitions for the purposes of

defining terms in Chapter 463–39.

WAC 463–39–120 ‘‘Monitoring and

Special Report’’ modifies language

contained in the regulation so that: (a)

Ecology may authorize a designee for

operating its surveillance program; (b)

the surveillance program must be in

accord with Chapter 173–400

regulations; and, (c) subparts 2–7 of the

previous regulation (concerning

‘‘investigation of conditions’’, ‘‘source

testing’’, etc.) are removed. Although

these six subparts are removed,

however, they are substantively found

in WAC 173–400–105 and –107, both of

which are contained in the approved

SIP, and adopted by reference in 463–

39–005.

In approving the modifications noted

above, it must be noted that reference to

Chapter 173–401 is made in four of the

amended regulations: WAC 463–39–

020, –030, –100, and –120. Chapter 173–

401 concerns Title V ‘‘Operating Permit

Regulation’’ and regulations in this

Chapter have not been included in the

SIP. In addition, reference is made to:

Chapter 173–406 ‘‘Acid Rain

Regulation’’ in WAC 463–39–020, –030,

and –120; and, Chapter 173–460

‘‘Controls for New Sources of Toxic Air

Pollutants’’ in WAC 463–39–020 and

–120. These regulations are also not a

part of the approved SIP. As a

consequence, EPA is not taking action

on the particular Chapter 173–401, 173–

406, and 173–460 references embodied

within the four regulations noted.

C. Additions. The state of Washington

has requested that eight new Chapter

463–39 regulations be added to the SIP.

These are: WAC 463–39–005, –070,

–090, –095, –105, –115, –140, and –230.

New regulation WAC 463–39–005

‘‘Adoption by Reference’’ adopts

twenty-four of the state’s Chapter 173–

400 regulations. On June 2, 1995 EPA

approved, disapproved, and took no

action on various state regulations

contained in Chapter 173–400,

submitted by the state for the purpose

of inclusion in the implementation plan

(60 FR 28726). The rationale for EPA’s

decisions on these regulations is

described in the February 22, 1995

Federal Register (60 FR 9802) proposing

the rulemaking. Of the twenty-four

Chapter 173–400 regulations referenced

in WAC 463–39–005, thirteen are

presently contained, in whole, in the

approved SIP. These are: WAC 173–

400–030 ‘‘Definitions,’’ –060 ‘‘Emission

Standards for General Process Units,’’
25792 Federal Register / Vol. 61, No. 101 / Thursday, May 23, 1996 / Rules and Regulations

–081 ‘‘Startup and Shutdown,’’ –091

‘‘Voluntary Limits on Emissions,’’ –105

‘‘Records, Monitoring, and Reporting,’’

–107 ‘‘Excess Emissions,’’ –110 New

Source Review,’’ –151 ‘‘Retrofit

Requirements for Visibility Protection,’’

–161 Compliance Schedules,’’ –171

‘‘Public Involvement,’’ –190

‘‘Requirements for Nonattainment

Areas,’’ –200 ‘‘Creditable Stack Height

and Dispersion Techniques,’’ and –205

‘‘Adjustment for Atmospheric

Conditions.’’ Four others are contained

in the SIP, but are qualified with

exceptions (i.e., not all parts of the

regulations are included within the

implementation plan). These are: WAC

173–400–040, –050, –112, and –113.

Five of the adopted 173–400 regulations

are regulations disapproved from SIP

inclusion in EPA’s June 2, 1995 action.

These are: WAC 173–400–120 ‘‘Bubble

Rules,’’ –131 ‘‘Issuance of Emission

Reduction Credits,’’ –136 ‘‘Use of

Emission Reduction Credits,’’ –141

‘‘Prevention of Significant

Deterioration,’’ and –180 ‘‘Variance.’’ Of

the remainder, one regulation (WAC

173–400–114 ‘‘Requirements for

Replacement or Substantial Alteration

of Emission Control Technology at an

Existing Stationary Source’’) was not

previously submitted by the state for

inclusion into the SIP, and the other

(WAC 173–400–075 ‘‘Emission

Standards for Sources Emitting

Hazardous Air Pollutants’’), though

submitted, was not acted upon by EPA.

As noted above, four state regulations

were previously only partially approved

for inclusion into the SIP. Portions of

WAC 173–400–040 ‘‘General Standards

for Maximum Emissions,’’ adopted by

reference in 463–39–005 to replace

WAC 463–390–040, were excluded from

the SIP. Specifically, provisions (1)(c)

and (1)(d), exceptions to meeting the

opacity standard; provision (2),

regarding fallout of PM; provision (4),

regarding odor generation; and, the

second paragraph of provision (6),

regarding SO2, were all excluded.

Similarly, WAC 463–39–050 ‘‘Minimum

Emission Standards for Combustion and

Incineration Sources’’ was replaced by

reference to WAC 173–400–050

‘‘Emission Standards for Combustion

and Incineration Sources’’ (again,

adopted in 463–39 005). The exception

to the use of the oxygen correction

factor in 173–400–050(3), however, was

excluded from the SIP. Finally, section

(8) of WAC 173–400–112 ‘‘Requirements

for New Sources in Nonattainment

Areas’’ and section (5) of 173–400–113

‘‘Requirements for New Sources in

Attainment or Unclassifiable Areas’’

were also not approved by EPA for

inclusion in the SIP.

In approving WAC 463–39–005,

therefore, EPA notes the same

exceptions noted in the previous

rulemaking. That is, only those Chapter

173–400 regulations and portions of

regulations, approved in earlier EPA

actions which are adopted by reference

within WAC 463–39–005, are hereby

approved for the purposes of the

implementation plan. As a consequence,

WAC 173–400–075, –114, –120, –131,

–136, –141, and –180 are disapproved,

and 173–400–040, –050, –112, and –113

are only approved in part.

Besides referencing Chapter 173–400,

regulation WAC 463–39–005 also adopts

numerous Chapter 173–401, 173–406,

and 173–460 regulations. As previously

explained, none of these regulations is

currently in the implementation plan.

Since EPA has taken no action on these

provisions, corresponding paragraphs

(2), (3), and (4) of WAC 463–39–005 are

not approved for inclusion in the

implementation plan.

EPA approves with exception WAC

463–39–095 ‘‘Permit Issuance.’’ This

provision requires that permits be

attached to site certification agreements,

and that permits become effective upon

the governor’s approval and upon

execution of the site certification

agreement. In approving WAC 463–39–

095 EPA excepts those references to

WAC regulations not contained in the

SIP. Specifically, WAC 463–39–095

refers to Permits issued in accord with

Chapters 173–401, 173–406, and 173–

460; EPA is not taking action on these

particular references.

EPA also approves WAC 463–39–230

‘‘Regulatory Actions’’ into the SIP. This

regulation, though new, modifies and

expands upon language contained in

WAC 463–39–130 (which has

subsequently been repealed), previously

approved for inclusion in the SIP.

EPA is taking no action on new

regulation WAC 463–39–070

‘‘Radioactive Emissions.’’ This

provision is not related to the criteria

pollutants regulated under the SIP.

EPA is taking no action on new

regulation WAC 463–39–105 ‘‘Fees.’’

The regulation asserts that fees shall be

assessed to recover various operatingpermit program costs. Since the focus of

the provision is on Title V programs, its

requirements are unrelated to the SIP.

EPA is also taking no action on WAC

463–39–090 ‘‘Permit Application Form’’

and –140 ‘‘Appeals Procedure.’’ The

substantive requirements of both of

these regulations depend on references

to other state regulations which have

not been included in the SIP. WAC 463–

39–090 refers to Chapters 173–401 and

173–406; WAC 463–39–140 refers to

WAC 463–54–070.

Finally, EPA is taking no action on

WAC 463–39–115 ‘‘Standards of

Performance for New Stationary

Sources.’’ This provision implements

provisions of section 111 of the Act and

is unrelated to the SIP.

D. Deletions. EPA approves the

deletion of seven repealed Chapter 463–

39 regulations currently in the SIP.

These are: WAC 463–39–040, –050,

–060, –080, –110, –130, and –150. Five

of these regulations have been replaced

by similar Chapter 173–400 regulations,

adopted by reference in WAC 463–39–

005, and approved (at least in part) for

inclusion into the SIP. Specifically,

WAC 463–39–040 ‘‘General Standards

for Maximum Permissable Emissions’’

has been superceded by WAC 173–400–

040 ‘‘General Standards for Maximum

Emissions,’’ WAC 463–39–050

‘‘Maximum Emission Standards for

Combustion and Incineration Sources’’

by WAC 173–400–050 ‘‘Emission

Standards for Combustion and

Incineration Units,’’ WAC 463–39–060

‘‘Maximum Emission Standards for

General Process Sources’’ by WAC 173–

400–060 ‘‘Emission Standards for

General Process Units,’’ WAC 463–39–

080 ‘‘Compliance Schedules’’ by WAC

173–400–161 of the same name, and

WAC 463–39–110 ‘‘New Source

Review’’ by WAC 173–400–110 of the

same name.

WAC 463–39–150 ‘‘Variance’’ has

been replaced by reference to WAC 173–

400–180 (of the same name), but the

latter was previously disapproved for

inclusion into the SIP in EPA’s June 2,

1995 action (60 FR 28726). WAC 463–

39–130 ‘‘Regulatory Actions,’’ as noted

above, has been replaced by WAC 463–

39–230 of the same name.

In summary, then, EPA approves

without exception the inclusion of the

following Chapter 463–39 regulations

into the SIP: amended –010, new –230,

–135, and –170. The latter two

regulations have been approved

previously, have not been modified, and

will remain in the implementation plan.

EPA approves the inclusion of new

WAC 463–39–005(1) with the exception

of those Chapter 173–400 regulations, or

portions of regulations, adopted by

reference in -005(1) which themselves

are not contained in the SIP. EPA also

approves the inclusion of amended

WAC 463–39–020, amended -030, new

-095, amended -100, and amended -120

with the exception of requirements

within those six regulations which refer

to other Chapter 173 or 463 state

regulations not contained in the SIP.

Certain repealed Chapter 463–39

regulations will, as part of this action,
Federal Register / Vol. 61, No. 101 / Thursday, May 23, 1996 / Rules and Regulations 25793

be removed from the SIP. These are:

WAC 463–39–040, -050, -060, -080,

–110, –130, and –150. EPA is taking no

action on new WAC 463–39–005(2)-(4),

new -070, new -090, new –105, –115,

and new –140.

III. Administrative Review

Under the Regulatory Flexibility Act,

5 U.S.C. 600 et seq., EPA must prepare

a regulatory flexibility analysis

assessing the impact of any proposed or

final rule on small entities. 5 U.S.C. 603

and 604. Alternatively, EPA may certify

that the rule will not have a significant

impact on a substantial number of small

entities. Small entities include small

businesses, small not-for-profit

enterprises, and government entities

with jurisdiction over populations of

less than 50,000.

SIP approvals under section 110 and

subchapter I, Part D of the CAA do not

create any new requirements, but

simply approve requirements that the

state is already imposing. Therefore,

because the federal SIP-approval does

not impose any new requirements, I

certify that it does not have a significant

impact on any small entities affected.

Moreover, due to the nature of the

federal-state relationship under the

CAA, preparation of a regulatory

flexibility analysis would constitute

federal inquiry into the economic

reasonableness of state action. The CAA

forbids EPA to base its actions

concerning SIPs on such grounds.

Union Electric Co.v. U.S.E.P.A., 427

U.S. 246, 256–66 (S.Ct. 1976); 42 U.S.C.

7410(a)(2).

Under Section 202 of the Unfunded

Mandates Reform Act of 1995

(‘‘Unfunded Mandates Act’’), signed

into law on March 22, 1995, EPA must

prepare a budgetary impact statement to

accompany any proposed or final rule

that includes a Federal mandate that

may result in estimated costs to State,

local, or tribal governments in the

aggregate; or to the private sector, of

$100 million or more. Under Section

205, EPA must select the most costeffective and least burdensome

alternative that achieves the objectives

of the rule and is consistent with

statutory requirements. Section 203

requires EPA to establish a plan for

informing and advising any small

governments that may be significantly

or uniquely impacted by the rule.

EPA has determined that the approval

action promulgated does not include a

Federal mandate that may result in

estimated costs of $100 million or more

to either State, local, or tribal

governments in the aggregate, or to the

private sector. This Federal action

approves pre-existing requirements

under State or local law, and imposes

no new Federal requirements.

Accordingly, no additional costs to

State, local, or tribal governments, or to

the private sector, result from this

action.

The EPA has reviewed this request for

revision of the federally-approved SIP

for conformance with the provisions of

the 1990 Clean Air Act Amendments

enacted on November 15, 1990. The

EPA has determined that this action

conforms with those requirements.

Nothing in this action should be

construed as permitting or allowing or

establishing a precedent for any future

request for revision to any SIP. Each

request for revision to the SIP shall be

considered separately in light of specific

technical, economic and environmental

factors and in relation to relevant

statutory and regulatory requirements.

This action has been classified as a

Table 3 action for signature by the

Regional Administrator under the

procedures published in the Federal

Register on January 19, 1989 (54 FR

2214–2225), as revised by a July 10,

1995 memorandum from Mary Nichols,

Assistant Administrator for Air and

Radiation. The Office of Management

and Budget (OMB) has exempted this

regulatory action from E.O. 12866

review.

The EPA is publishing this action

without prior proposal because the

Agency views this as a noncontroversial

amendment and anticipates no adverse

comments. However, in a separate

document in this Federal Register

publication, the EPA is proposing to

approve the SIP revision should adverse

or critical comments be filed. This

action will be effective July 22, 1996

unless, by June 24, 1996, adverse or

critical comments are received.

If the EPA receives such comments,

this action will be withdrawn before the

effective date by publishing a

subsequent document that will

withdraw the final action. All public

comments received will be addressed in

a subsequent final rule based on this

action serving as a proposed rule. The

EPA will not institute a second

comment period on this action. Any

parties interested in commenting on this

action should do so at this time. If no

such comments are received, the public

is advised that this action will be

effective July 22, 1996.

Under section 307(b)(1) of the Clean

Air Act, petitions for judicial review of

this action must be filed in the United

States Court of Appeals for the

appropriate circuit by July 22, 1996.

Filing a petition for reconsideration by

the Administrator of this final rule does

not affect the finality of this rule for the

purposes of judicial review nor does it

extend the time within which a petition

for judicial review may be filed and

shall not postpone the effectiveness of

such rule or action. This action may not

be challenged later in proceedings to

enforce its requirements. (See section

307(b)(2), 42 U.S.C. 7607(b)(2)).

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Carbon monoxide,

Hydrocarbons, Incorporation by

reference, Intergovernmental relations,

Lead, Nitrogen dioxide, Ozone,

Particulate matter, Reporting and

recordkeeping requirements, Sulfur

oxides, Volatile organic compounds.

Note: Incorporation by reference of the

Implementation Plan for the State of

Washington was approved by the Director of

the Office of Federal Register on July 1, 1982.

Dated: May 6, 1996.

Jane S. Moore,

Acting Regional Administrator.

Part 52, chapter I, title 40 of the Code

of Federal Regulations is amended as

follows:

PART 52— [AMENDED]

1. The authority citation for Part 52

continues to read as follows:

Authority: 42 U.S.C. 7401–7671q.

Subpart WW—Washington

2. Section 52.2470 is amended by

adding paragraph (c)(60) to read as

follows:

§ 52.2470 Identification of plan.

* * * * *

(c) * * *

(60) On November 29, 1995 the

Director of WDOE submitted to the

Regional Administrator of EPA the

Energy Facility Site Evaluation Council

Regulations (EFSEC) as a revision to the

Washington State Implementation Plan

(SIP).

(i) Incorporation by reference.

(A) The November 29, 1995 letter

from WDOE to EPA submitting requests

for revisions to the Washington SIP to

include the Energy Facility Site

Evaluation Council Regulations; EFSEC

Regulation Chapter 463–39 Washington

Administrative Code General and

Operating Permit Regulations for Air

Pollution Sources, (excluding the

following sections: 005 (2) through (4);

–070; –090; –105; –115; –140; those

portions of –005(1), –020, –030, –095,

–100, and –120 containing any reference

to regulations or provisions of

regulations in Chapters 173–400, 173–
25794 Federal Register / Vol. 61, No. 101 / Thursday, May 23, 1996 / Rules and Regulations

401, 173–406, 173–460, or 463–58a)

adopted on November 16, 1995.

[FR Doc. 96–12892 Filed 5–22–96; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 271

[FRL–5508–3]

Tennessee; Final Authorization of

Revisions to State Hazardous Waste

Management Program

AGENCY: Environmental Protection

Agency.

ACTION: Immediate final rule.

SUMMARY: Tennessee has applied for

final authorization of revisions to its

hazardous waste program under the

Resource Conservation and Recovery

Act (RCRA). Tennessee’s revisions

consist of the provisions contained in

certain rules promulgated between

February 21, 1991, and September 30,

1992, which fall within RCRA Clusters

I–III. These requirements are listed in

Section B of this notice. The

Environmental Protection Agency (EPA)

has reviewed Tennessee’s application

and has made a decision, subject to

public review and comment, that

Tennessee’s hazardous waste program

revisions satisfy all of the requirements

necessary to qualify for final

authorization. Thus, EPA intends to

approve Tennessee’s hazardous waste

program revisions. Tennessee’s

application for program revisions is

available for public review and

comment.

DATES: Final authorization for

Tennessee’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 Tennessee’s

program revision application must be

received by the close of business, June

24, 1996.

ADDRESSES: Copies of Tennessee’s

program revision application are

available during normal business hours

at the following addresses for inspection

and copying: Tennessee Department of

Environment and Conservation, 5th

Floor, L & C Tower, 401 Church Street,

Nashville, Tennessee 37243–1535; 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. Tennessee

Tennessee initially received final

authorization for its base RCRA program

effective on February 8, 1985. Tennessee

has received authorization for revisions

to its program on August 11, 1987,

October 1, 1991, November 6, 1991, July

31, 1992, and July 7, 1995. On December

5, 1994, Tennessee submitted a program

revision application for additional

approvals. Today, Tennessee is seeking

approval of its program revisions in

accordance with 40 CFR 271.21(b)(3).

EPA has reviewed Tennessee’s

application and has made an immediate

final decision that Tennessee’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 Tennessee.

The public may submit written

comments on EPA’s immediate final

decision up until June 24, 1996.

Copies of Tennessee’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 Tennessee’s program

revisions shall become effective July 22,

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.

Tennessee is today seeking authority

to administer the following Federal

requirements promulgated on February

21, 1991, through September 30, 1992.

Checklist Federal requirement FR Reference FR Promulgation date State authority

85 .................. Burning of Hazardous Waste

in Boilers and Industrial Furnaces.

56 FR 7134 2/21/91 TCA 68–212–104(7);

TCA 68–212–106(a)(1);

TCA 68–212–107(a), (d)(1), (3)&(4);

TRC 1200–1–11–.01(2)(a)&(b)1; .02(1)(b); .02(1)(d)1(x);

.02(1)(d)3(ii)(I–IV); .02(1)(f); .06(7)(a); .06(15)(a); .05(7)(a);

.05(15)(a); .09(1)(a); .07(5)(b); .07(9)(c)5; .07(10)(a);

.07(1)(j); .07(3)(a).