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).
Federal Register / Vol. 61, No. 101 / Thursday, May 23, 1996 / Rules and Regulations 25795

Checklist Federal requirement FR Reference FR Promulgation date State authority

94 .................. Burning of Hazardous Waste

in Boilers and Industrial Furnaces; Corrections and

Technical Amendments I.

56 FR 32688 7/17/91 TCA 68–212–107(a),(d)(3,4,&6);

TRC 1200–1–11–.02(1)(c)3(ii)(II)II; .02(1)(f)1; .05(16)(a)1;

.11(1)(a); .09(8)(a)1; .09(9)(a)1; .07(5)(b)12; .07(9)(c)5;

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

96 .................. Burning of Hazardous Waste

in Boilers and Industrial Furnaces, Technical Amendments II.

56 FR 42504 8/27/91 TCA 68–212–104(7); TCA 68–212–106(a)(1); TCA 68–212–

107(a)(d)(3,4,&6); TRC 1200–1–11–.02(1)(b)1; .05(7)(a)1;

.09(8)(a)1; .09(9)(a)1.

98 .................. Coke Ovens Administrative

Stay.

56 FR 43874 9/5/91 TCA 68–212–104(7&15); TCA 68–212–106(a)(1); TCA 68–

212–107(a)(d)(1,3,4,&6); TRC 1200–1–11–.09(8)(a)1.

111 ................ Boilers and Industrial Furnaces; Technical Amendment III.57 FR 38558 8/25/92 TCA 68–212–104(7); TCA 68–212–106(a)(1); TCA 68–212–

107(a) & (d)(1)–(3); TCA 68–211–105(c); TCA 68–211–

106(a)(1)&(2); TCA 68–211–107(a); TCA 68–211–111(d);

TCA 68–211–1001 et.seq.; TCA 68–212–111(d); TRC

1200–1–11–.01(2)(a); .01(3)(a)1; .02(1)(b); .06(1)(b)2(ii–iii);

.09(1)(a).

114 ................ Boilers and Industrial Furnaces; Technical Amendment IV.57 FR 44999 9/30/92 TCA 68–211–105(c); TCA 68–211–106(a)(1)&(2); TCA 68–

211–107(a); TCA 68–211–111(d); TCA 68–211–1001

et.seq.; TCA 68–211–104(7); TCA 68–212–106(a)(1); TCA

68–212–107(a), (d)(1) & (d)(3); TRC 1200–1–11–.09(1)(a).

C. Decision

I conclude that Tennessee’s

application for these program revisions

meet all of the statutory and regulatory

requirements established by RCRA.

Accordingly, Tennessee is granted final

authorization to operate its hazardous

waste program as revised.

Tennessee 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.

Tennessee 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

Tennessee’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 Tennessee’s
25796 Federal Register / Vol. 61, No. 101 / Thursday, May 23, 1996 / Rules and Regulations

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. 96–12864 Filed 5–22–96; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 271

[FRL–5508–4]

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

rules promulgated between November 8,

1984, and June 30, 1987, otherwise

known as HSWA Cluster I. 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 are 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) 347–2234.

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 5, 1985. Tennessee

has received authorization for revisions

to its program on August 11, 1987,

October 1, 1991, July 31, 1992, and

October 23, 1995. On August 14, 1995,

Tennessee submitted a program revision

application for additional program

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 November

8, 1984–June 30, 1987.