[Federal Register Volume 61, Number 122 (Monday, June 24, 1996)]
[Rules and Regulations]
[Pages 32345-32346]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13986]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271

[FRL-5510-9]


Nevada: Final Authorization of State Hazardous Waste Management 
Program Revisions

AGENCY: Environmental Protection Agency (EPA).

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 August 23, 1996. 
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 July 24, 1996.

ADDRESSES: Copies of Nevada's program revision application is available 
during the business hours of 9:00 a.m. to 5:00 p.m. at the following 
addresses for inspection and copying:

Nevada Department of Conservation and Natural Resources, Division of 
Environmental Protection, 333 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 Lisa McClain-Vanderpool, U.S. 
EPA Region IX (H-4), 75 Hawthorne Street, San Francisco, CA 94105 
Phone: 415/744-2086.

FOR FURTHER INFORMATION CONTACT: Lisa McClain-Vanderpool , U.S. EPA 
Region IX (H-4), 75 Hawthorne Street, San Francisco, CA 94105 Phone: 
415/744-2086.

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 260-266, 268, 124, 270 and 
279.

B. Nevada

    Nevada initially received final authorization for the base program 
on November 1, 1985. On June 12, 1995, Nevada received final 
authorization for revisions to its hazardous waste program, which 
included substantially all the Federal RCRA implementing regulations 
published in the Federal Register through July 1, 1994. On March 28, 
1996, Nevada submitted an application for additional revision 
approvals. Nevada is seeking approval of its program revisions in 
accordance with 40 CFR 271.21.
    EPA has reviewed Nevada's application, and has made an immediate 
final decision that Nevada's hazardous

[[Page 32346]]

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 July 24, 1996. Copies of Nevada's applications 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 regualtions that occurred between July 1, 
1994 and July 1, 1995, including the following Federal hazardous waste 
regulations:

------------------------------------------------------------------------
       Federal requirement                      State analog            
------------------------------------------------------------------------
Recovered oil exclusion; (59 FR    Nevada Revised Statutes (NRS) 459.485
 38536, July 28, 1994).             and 459.490; Nevada Administrative  
                                    Code (NAC) 444.8632 through 444.8634
                                    and regulations included as Section 
                                    4 of LCB File No. R027-95.          
Removal of the conditional         Same as above.                       
 exemption for certain slag                                             
 residues; (59 FR 43496, August                                         
 24, 1994).                                                             
Universal treatment standards and  Same as above.                       
 treatment standards for organic                                        
 toxicity characteristic wastes                                         
 and newly listed wastes; (59 FR                                        
 47982, September 19, 1994).                                            
Organic air emission standards     Same as above.                       
 for tanks, surface impoundments,                                       
 and containers; amendment; (59                                         
 FR 62896, December 6, 1994 and                                         
 60 FR 26828, May 19, 1995).                                            
Hazardous Waste Management         Same as above.                       
 System; Testing and monitoring                                         
 activities amendment I; (60 FR                                         
 3089, January 13, 1995).                                               
Carbamate production               Same as above.                       
 identification and listing of                                          
 hazardous waste; (60 FR 7824,                                          
 February 9, 1995).                                                     
Hazardous Waste Management         Same as above.                       
 System; Testing and monitoring                                         
 activities amendment II; (60 FR                                        
 17001, April 4, 1995).                                                 
Universal Waste Rule; (60 FR       Same as above.                       
 25492, May 11, 1995) Removal of                                        
 legally obsolete rules; (60 FR                                         
 33912, June 29, 1995).                                                 
------------------------------------------------------------------------
Note: NRS 459.485 effective 1981, amended 1991; NRS 459.490 effective   
  1981, amended 1987. NAC 444.8632 adopts by reference 40 CFR part 2,   
  subpart A; part 124, subparts A and B; parts 260 through 270,         
  inclusive; part 273 and part 279 as modified by NAC 444.8633, NAC     
  444.8634, 444.86325 and the regulations included as Section 4 of LCB  
  file no. R027-95 (filed with the Secretary of State on November 9,    
  1995).                                                                

    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).

    Dated: May 20, 1996.
Felicia Marcus,
Regional Administrator.
[FR Doc. 96-13986 Filed 6-21-96; 8:45 am]
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