[Federal Register Volume 61, Number 123 (Tuesday, June 25, 1996)]
[Rules and Regulations]
[Pages 32699-32702]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16125]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271

[FRL-5524-9]


Final Authorization of State Hazardous Waste Management Program: 
Nebraska

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate final rule.

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SUMMARY: Nebraska has applied for final authorization of revisions to 
its hazardous waste program under the Resource Conservation and 
Recovery Act of 1976 as amended (hereinafter RCRA). Nebraska's 
revisions consist of provisions contained in rules promulgated between 
July 1, 1985 and June 30, 1990, otherwise known as Non-

[[Page 32700]]

HSWA Cluster II and III; and HSWA Cluster I and II. These requirements 
are listed in Section B of this document. The EPA has reviewed 
Nebraska's application and has made a decision, subject to public 
review and comment, that Nebraska's hazardous waste program revisions 
satisfy all of the requirements necessary to qualify for final 
authorization. Thus, the EPA intends to approve Nebraska's hazardous 
waste program revisions, subject to authority retained by the EPA under 
the Hazardous and Solid Waste Amendments of 1984 (hereinafter HSWA). 
Nebraska's application for program revision is available for public 
review and comment.

DATES: Effective Dates: Final authorization for Nebraska shall be 
effective August 26, 1996, unless the EPA publishes a prior Federal 
Register action withdrawing this immediate final rule. All comments on 
Nebraska's program revision application must be received by the close 
of business July 25, 1996.

ADDRESSES: Written comments should be sent to Ms. Pat Price, Iowa RCRA 
& State Programs Branch, U.S. Environmental Protection Agency, 726 
Minnesota Avenue, Kansas City, Kansas 66101, Phone (913/551-7592). 
Copies of the Nebraska program revision application are available for 
inspection and copying during normal business hours at the following 
addresses: Hazardous Waste Section, Nebraska Department of 
Environmental Quality, P.O. Box 98922, Lincoln, Nebraska 68509-8922 
(402/471-4217); U.S. EPA Headquarters Library, PM 211A, 401 M Street, 
S.W., Washington, D.C. 20460 (202/382-5926); U.S. EPA Region 7 Library, 
726 Minnesota Avenue, Kansas City, Kansas 66101 (913/551-7241). A copy 
of the applicable state statutes and regulations is also available at 
the Office of the Federal Register, 1100 L Street, N.W., Room 8401, 
Washington, D.C. 20005.

FOR FURTHER INFORMATION CONTACT: Ms. Pat Price, U.S. EPA Region 7, 726 
Minnesota Avenue, Kansas City, Kansas 66101, Phone: 913/551-7592.

SUPPLEMENTARY INFORMATION:

A. Background

    States with final authorization under 3006(b) of RCRA, 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. The Hazardous and Solid Waste 
Amendments of 1984 (Public Law 98-616, November 8, 1984, hereafter 
HSWA) allow states to revise their programs and seek authorization for 
program components that are 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.
    In accordance with 40 CFR 271.21, 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 
the EPA's regulations in 40 CFR Parts 124, 260-266, 268, 270, 273 and 
279.

B. Nebraska

    Nebraska initially received final authorization for its base RCRA 
Program effective February 7, 1985 (50 FR 3345, January 24, 1985). 
Nebraska received authorization for revisions to its program effective 
December 3, 1988 (53 FR 38950, October 4, 1988). Nebraska submitted a 
draft application for additional program elements on March 1, 1990, and 
a final application on April 13, 1992. Nebraska is seeking approval of 
its program revision in accordance with 40 CFR 271.21(b)(3).
    The EPA has reviewed Nebraska's application and has made an 
immediate final decision that Nebraska's hazardous waste program 
revisions satisfy all of the requirements necessary to qualify for 
final authorization. Consequently, the EPA intends to grant final 
authorization for the additional program modifications to Nebraska. The 
public may submit written comments on the EPA's immediate final 
decision up until July 25, 1996. Copies of Nebraska's application for 
program revision are available for inspection and copying at the 
locations indicated in the Addresses section of this document.
    Approval of the Nebraska program revision shall become effective 
sixty (60) days from today, unless an adverse comment pertaining to the 
state's revisions discussed in this document is received by the end of 
the comment period. If such an adverse comment is received, the EPA 
will publish either: (1) a withdrawal of the immediate final decision, 
or (2) a document containing a response to comments which either 
affirms that the immediate final decision takes effect or reverses the 
decision.
    On August 26, 1996, Nebraska will be authorized to carry out, in 
lieu of the federal program, those provisions of the state's program 
which are analogous to the following provisions of the federal program.

------------------------------------------------------------------------
          Federal requirement               Analogous state authority   
------------------------------------------------------------------------
Checklist 26--Listing of Spent Pickle    Rule 15 005.                   
 Liquor (K062), May 28, 1986, 51 FR                                     
 19320-19322, as amended on September                                   
 22, 1986, 51 FR 33612, as amended on                                   
 August 3, 1987, 52 FR 28697.                                           
Checklist 27--Liability Coverage;        Rules 21 001; 16 022.02B.      
 Corporate Guarantee, July 11, 1986, 51                                 
 FR 25350-25356.                                                        
Checklist 28--Standards for Hazardous    Rules 1 001; 1 005; 1 013; 1   
 Waste Storage and Treatment Tank         018; 1 035; 1 054; 1 058; 1   
 Systems, July 14, 1986, 51 FR 25422-     064; 1 074; 1 075; 1 107; 1   
 25486, as amended on August 15, 1986,    122; 1 123; 1 131; 5 001.08;  
 51 FR 29430-29431.                       19 004.01; 23 006; 21 001; 16 
                                          022.02B; 19 004.01B; 16       
                                          005.01; 16 005.03; 16 022.03E.
Checklist 29--Corrections to Listing of  Rules 15 006.05; 15 007,       
 Commercial Chemical Products and         Appendix I.                   
 Appendix VIII Constituents, August 6,                                  
 1986, 51 FR 28296-28310.                                               
Checklist 31--Exports of Haz. Waste,     Rules 6007.03; 7001.03; 18     
 August 8, 1986, 51 FR 28664-28686.       003.01A; 19 005; 19 007; 17   
                                          002.01; 17 003.01; 17 003.03; 
                                          17 003.05B; 17 003.06B;       
                                          17,003.07.                    
Checklist 34--Land Disposal              Rules Chapter 1; 19 002.04; 20 
 Restrictions, November 7, 1986, 51 FR    006; 16 022.02B; 16 002.02B;  
 40572-40654, as amended on June 4,       30 001; 16 005.01; 16 011.030;
 1987, 52 FR 21010-21018.                 16 011.0301; 16.011.0303; 16  
                                          011.0304.                     
Checklist 36--Closure/Post Closure Care  Rule 16 022.02B.               
 for Interim Status Surface                                             
 Impoundments, March 19, 1987, 52 FR                                    
 8704-8709.                                                             
Checklist 37--Definition of Solid        Rules 15 006; 26 003.01A2.     
 Waste: Technical Corrections, June 5,                                  
 1987, 52 FR 21306-21307.                                               

[[Page 32701]]

                                                                        
Checklist 38--Amendments to Part B       Rule 16 005.01.                
 Information Requirements for Disposal                                  
 Facilities, June 22, 1987, 52 FR 23477-                                
 23450, as amended on September 9,                                      
 1987, 52 FR 33936.                                                     
Checklist 39--California List Waste      Rules 19 007; 21 001; 16       
 Restrictions, July 8, 1987, 52 FR        022B.02B; 30 001; 16 001.0301;
 25760-25792, as amended on October 27,   16 001.0302; 16 001.0302(a);  
 1987, 52 FR 41295-41296.                 16 011.0302(b); 16 011.03P; 16
                                          011.03P1; 16 011.03P2; 16     
                                          011.03P3; 16 022.03E.         
Checklist 40--List (Phase 1) of          Rules 21 001; 16 005.01.       
 Hazardous Constituents for Ground-                                     
 Water Monitoring, July 9, 1987, 52 FR                                  
 25942-25953.                                                           
Checklist 41--Identification and         Rule 15 006.03.                
 Listing of Hazardous Waste, July 10,                                   
 1987, 52 FR 26012.                                                     
Checklist 42--Exception Reporting for    Rules 18 003.02A; 18 003.02B;  
 Small Quantity Generators of Hazardous   18 003.02C; 23 003.07.        
 Waste, September 23, 1987, 52 FR 35894-                                
 35899.                                                                 
Checklist 43--Liability Requirements     Rules 21 001; 16 022.02B.      
 for Hazardous Waste Facilities;                                        
 Corporate Guarantee, November 18,                                      
 1987, 52 FR 44314-44321.                                               
Checklist 44E--Permit as a Shield        Rule 16 002.01.                
 Provision, December 1, 1987, 52 FR                                     
 45788-45799.                                                           
Checklist 44F--Permit Conditions to      Rules 16 008; 16 011.02M.      
 Protect Human Health and the                                           
 Environment, December 1, 1987, 52 FR                                   
 45788-45799.                                                           
Checklist 44G--Post Closure Permits,     Rules 16 001; 16 001.04.       
 December 1, 1987, 52 FR 45788-45799.                                   
Checklist 45--Hazardous Waste            Rules Title 122, Chapter 6,    
 Miscellaneous Units, December 10,        Section 001; 1 061; 1 071; 21 
 1987, 52 FR 46946-46965.                 001; 16 005.01; 16 003.04.    
Checklist 46--Technical Corrections;     Rules 15 006.05; 15 007,       
 Identification and Listing of            Appendix I.                   
 Hazardous Waste, April 22, 1988, 53 FR                                 
 13382-13393.                                                           
------------------------------------------------------------------------



    The state will assume lead responsibility for issuing permits for 
those program areas authorized today. For those HSWA provisions for 
which the state is not authorized, the EPA will retain lead 
responsibility. For those permits which will now change to state lead 
from the EPA, the EPA will transfer copies of any pending applications, 
completed permits, or pertinent file information to the state within 30 
days of the effective date of this authorization. The EPA will be 
responsible for enforcing the terms and conditions of previously 
federally issued permits while they remain in force. The EPA will also 
be responsible for enforcing the terms and conditions of RCRA permits 
regarding HSWA requirements until the state has the authority to 
address the HSWA requirements.
    The state has agreed to review all state-issued permits and to 
modify or reissue them as necessary to require compliance with the 
currently approved state law and regulations. When the state reissues 
federally issued permits as state permits, the state will take the lead 
in enforcing such permits, with the exception of those HSWA 
requirements for which the state has not received authorization. 
Nebraska is not authorized to operate the Federal Program on Indian 
Lands. This authority remains with the EPA unless provided otherwise in 
a future statute or regulation.

C. Decision

    I conclude that the Nebraska application for program revisions 
meets all of the statutory and regulatory requirements established by 
RCRA and its amendments. Accordingly, following the public notice and 
comment period, Nebraska is hereby granted final authorization to 
operate its hazardous waste management program, as revised. Nebraska 
now has responsibility for permitting treatment, storage, and disposal 
facilities within its borders and carrying out other aspects of the 
RCRA program described in its revised program application, subject to 
the requirements of HSWA. Nebraska also has primary enforcement 
responsibilities, although the 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.

Incorporation by Reference

    The EPA incorporates by reference, authorized state programs in 40 
CFR Part 272, to provide notice to the public of the scope of the 
authorized program in each state. Incorporation by reference of the 
Nebraska program will be completed at a later date.

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), Public 
Law 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, the 
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 the 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 the 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 the 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 the EPA regulatory proposals with significant federal 
intergovernmental mandates, and informing, educating, and advising them 
on compliance with the regulatory requirements. The EPA

[[Page 32702]]

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. The EPA does not anticipate that the approval of Nebraska's 
hazardous waste program referenced in today's document will result in 
annual costs of $100 million or more. The 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. The 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 the 
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 
Nebraska'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.

Paperwork Reduction Act

    Under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., federal 
agencies must consider the paperwork burden imposed by any information 
request contained in a proposed rule or a final rule. This rule will 
not impose any information requirements upon the regulated community.

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 rulemaking 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: June 11, 1996.
Dennis Grams,
Regional Administrator.
[FR Doc. 96-16125 Filed 6-24-96; 8:45 am]
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