Federal Register / Vol. 61, No. 123 / Tuesday, June 25, 1996 / Rules and Regulations 32699

section 112 standards that are

unchanged from Federal standards as

promulgated. This program for

delegations only applies to sources

covered by the part 70 program.

This interim approval, which may not

be renewed, extends until July 27, 1998.

During this interim approval period, the

State of Texas is protected from

sanctions, and EPA is not obligated to

promulgate, administer, and enforce a

Federal Operating Permits program in

the State of Texas. Permits issued under

a program with source category-limited

interim approval have full standing with

respect to part 70, and the one year time

period for submittal of permit

applications by subject sources begins

upon the effective date of this interim

approval. The State’s transition

schedule requires the State to take final

action on applications for 400 sites each

of the first two years, 1,000 sites the

third year, and 600 sites each of the last

two years.

If Texas fails to submit a complete

corrective program for full approval by

January 26, 1998, EPA will start an 18-

month clock for mandatory sanctions. If

Texas then fails to submit a corrective

program that EPA finds complete before

the expiration of that 18-month period,

EPA will apply sanctions as required by

section 502(d)(2) of the Act, which will

remain in effect until EPA determines

that the State of Texas has corrected the

deficiency by submitting a complete

corrective program.

If EPA disapproves Texas’ complete

corrective program, EPA will apply

sanctions as required by section

502(d)(2) on the date 18 months after

the effective date of the disapproval,

unless prior to that date Texas has

submitted a revised program and EPA

has determined that it corrected the

deficiencies that prompted the

disapproval.

In addition, discretionary sanctions

may be applied where warranted any

time after the expiration of an interim

approval period if the State of Texas has

not timely submitted a complete

corrective program or EPA has

disapproved its submitted corrective

program. Moreover, if EPA has not

granted full approval to the Texas

program by the expiration of this

interim approval and that expiration

occurs after November 15, 1995, EPA

must promulgate, administer, and

enforce a Federal permits program for

the State of Texas upon interim

approval expiration.

III. Administrative Requirements

A. Docket

Copies of the State’s submittal, other

information relied upon for the final

source category-limited interim

approval, including the 27 public

comment letters received and reviewed

by EPA on the proposal, and

information referenced in this notice,

are contained in docket number OPP–7–

9–1 maintained at the EPA Regional

Office. The docket is an organized and

complete file of all the information

submitted to, or otherwise considered

by, EPA in the development of this final

source category-limited interim

approval. The docket is available for

public inspection at the location listed

under the ADDRESSES section of this

document.

B. Executive Order 12866

The Office of Management and Budget

has exempted this action from Executive

Order 12866 review.

C. Regulatory Flexibility Act

The EPA’s actions under section 502

of the Act do not create any new

requirements, but simply address

Operating Permits programs submitted

to satisfy the requirements of 40 CFR

part 70. Because this action does not

impose any new requirements, it does

not have a significant impact on a

substantial number of small entities.

D. Unfunded Mandates

Under Section 202 of the Unfunded

Mandates Reform Act of 1995, 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.

The EPA has determined that the

approval action promulgated today 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.

List of Subjects in 40 CFR Part 70

Environmental protection,

Administrative practice and procedure,

Air pollution control, Intergovernmental

relations, Operating permits, Reporting

and recordkeeping requirements.

Authority: 42 U.S.C. 7401–7671q.

Dated: June 13, 1996.

Jane N. Saginaw,

Regional Administrator (6RA).

Part 70, title 40 of the Code of Federal

Regulations, is amended as follows:

PART 70—[AMENDED]

1. The authority citation for part 70

continues to read as follows:

Authority: 42 U.S.C. 7401, et seq.

2. Appendix A to part 70 is amended

by adding the entry for the State of

Texas in alphabetical order to read as

follows:

Appendix A to Part 70—Approval

Status of State and Local Operating

Permits Programs

* * * * *

Texas

(a) The TNRCC submitted its Operating

Permits program on September 17, 1993, and

supplemental submittals on October 28,

1993, and November 12, 1993, for approval.

Source category-limited interim approval is

effective on July 25, 1996. Interim approval

will expire July 27, 1998. The scope of the

approval of the Texas part 70 program

excludes all sources of air pollution over

which an Indian Tribe has jurisdiction.

(b) (Reserved)

* * * * *

[FR Doc. 96–16126 Filed 6–24–96; 8:45 am]

BILLING CODE 6560–50–P

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.

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-
32700 Federal Register / Vol. 61, No. 123 / Tuesday, June 25, 1996 / Rules and Regulations

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 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.

Rule 15 005.

Checklist 27—Liability Coverage; Corporate Guarantee, July 11, 1986,

51 FR 25350–25356.

Rules 21 001; 16 022.02B.

Checklist 28—Standards for Hazardous Waste Storage and Treatment

Tank Systems, July 14, 1986, 51 FR 25422–25486, as amended on

August 15, 1986, 51 FR 29430–29431.

Rules 1 001; 1 005; 1 013; 1 018; 1 035; 1 054; 1 058; 1 064; 1 074; 1

075; 1 107; 1 122; 1 123; 1 131; 5 001.08; 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 Commercial Chemical Products

and Appendix VIII Constituents, August 6, 1986, 51 FR 28296–

28310.

Rules 15 006.05; 15 007, Appendix I.

Checklist 31—Exports of Haz. Waste, August 8, 1986, 51 FR 28664–

28686.

Rules 6007.03; 7001.03; 18 003.01A; 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 Restrictions, November 7, 1986, 51 FR

40572–40654, as amended on June 4, 1987, 52 FR 21010–21018.

Rules Chapter 1; 19 002.04; 20 006; 16 022.02B; 16 002.02B; 30 001;

16 005.01; 16 011.030; 16 011.0301; 16.011.0303; 16 011.0304.

Checklist 36—Closure/Post Closure Care for Interim Status Surface Impoundments, March 19, 1987, 52 FR 8704–8709.Rule 16 022.02B.

Checklist 37—Definition of Solid Waste: Technical Corrections, June 5,

1987, 52 FR 21306–21307.

Rules 15 006; 26 003.01A2.
Federal Register / Vol. 61, No. 123 / Tuesday, June 25, 1996 / Rules and Regulations 32701

Federal requirement Analogous state authority

Checklist 38—Amendments to Part B Information Requirements for

Disposal Facilities, June 22, 1987, 52 FR 23477–23450, as amended

on September 9, 1987, 52 FR 33936.

Rule 16 005.01.

Checklist 39—California List Waste Restrictions, July 8, 1987, 52 FR

25760–25792, as amended on October 27, 1987, 52 FR 41295–

41296.

Rules 19 007; 21 001; 16 022B.02B; 30 001; 16 001.0301; 16

001.0302; 16 001.0302(a); 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 Hazardous Constituents for GroundWater Monitoring, July 9, 1987, 52 FR 25942–25953.Rules 21 001; 16 005.01.

Checklist 41—Identification and Listing of Hazardous Waste, July 10,

1987, 52 FR 26012.

Rule 15 006.03.

Checklist 42—Exception Reporting for Small Quantity Generators of

Hazardous Waste, September 23, 1987, 52 FR 35894–35899.

Rules 18 003.02A; 18 003.02B; 18 003.02C; 23 003.07.

Checklist 43—Liability Requirements for Hazardous Waste Facilities;

Corporate Guarantee, November 18, 1987, 52 FR 44314–44321.

Rules 21 001; 16 022.02B.

Checklist 44E—Permit as a Shield Provision, December 1, 1987, 52

FR 45788–45799.

Rule 16 002.01.

Checklist 44F—Permit Conditions to Protect Human Health and the Environment, December 1, 1987, 52 FR 45788–45799.Rules 16 008; 16 011.02M.

Checklist 44G—Post Closure Permits, December 1, 1987, 52 FR

45788–45799.

Rules 16 001; 16 001.04.

Checklist 45—Hazardous Waste Miscellaneous Units, December 10,

1987, 52 FR 46946–46965.

Rules Title 122, Chapter 6, Section 001; 1 061; 1 071; 21 001; 16

005.01; 16 003.04.

Checklist 46—Technical Corrections; Identification and Listing of Hazardous Waste, April 22, 1988, 53 FR 13382–13393.Rules 15 006.05; 15 007, Appendix I.

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 costbenefit 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
32702 Federal Register / Vol. 61, No. 123 / Tuesday, June 25, 1996 / Rules and Regulations

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]

BILLING CODE 6560–50–P

40 CFR Part 716

Health and Safety Data Reporting

CFR Correction

In title 40 of the Code of Federal

Regulations, parts 700 to 789, revised as

of July 1, 1995, in § 716.120(d), on pages

79 and 80, the chemical substances

under the category Siloxanes should

read as follows:

§ 716.120 Substances and listed mixtures

to which this subpart applies.

* * * * *

(d) * * *

Category CAS No. (exemptions

for category)

Special Exemptions Effective Date Sunset Date

* * * * * * *

Siloxanes:

Cyclopolydimethylsiloxane .............................................. 69430–24–6 .............. 10/12/93 10/12/03

Decamethylcyclopentasiloxane ....................................... 541–02–6 .................. 10/12/93 10/12/03

Decamethyltetrasiloxane ................................................. 141–62–8 .................. 10/12/93 10/12/03

Dimethyldiphenylsiloxane ................................................ 68083–14–7 .............. 10/12/93 10/12/03

Dimethylhydropolylsiloxane ............................................. 68037–59–2 .............. 10/12/93 10/12/03

Dimethylmethyl 3,3,3-trifluoropropyl siloxane ................. 115361-68-7 .............. 10/12/93 10/12/03

Dimethylmethylvinylsiloxane ........................................... 67762–94–1 .............. 10/12/93 10/12/03

Dimethylpolysiloxanes ..................................................... 68037–74–1 .............. § 716.20(b)(2)

applies

10/12/93 10/12/03

Dimethyl silicones and siloxanes .................................... 63148–62–9 .............. 10/12/93 10/12/03

Dimethyl silicones and siloxane, reaction products with

silica.

67762–90–7 .............. § 716.20(b)(2)

applies

10/12/93 10/12/03

Docosamethylcycloundecasiloxane ................................ 18766–38–6 .............. § 716.20(b)(2)

applies

10/12/93 10/12/03

Docosamethyldecasiloxane ............................................ 556–70–7 .................. § 716.20(b)(2)

applies

10/12/93 10/12/03

Dodecamethylcyclohexasiloxane .................................... 540–97–6 .................. 10/12/93 10/12/03

Dodecamethylpentasiloxane ........................................... 141–63–9 .................. 10/12/93 10/12/03

Dotetracontamethyleicosasiloxane ................................. 150027-00-2 .............. § 716.20(b)(2)

applies

10/12/93 10/12/03

Dotriacontamethylcyclohexadecasiloxane ...................... 150026-95-2 .............. § 716.20(b)(2)

applies

10/12/93 10/12/03

Dotriacontamethylpentadecasiloxane ............................. 2471–11–6 ................ § 716.20(b)(2)

applies

10/12/93 10/12/03

Eicosamethylcyclodecasiloxane ...................................... 18772–36–6 .............. § 716.20(b)(2)

applies

10/12/93 10/12/03