45170 Federal Register / Vol. 73, No. 150 / Monday, August 4, 2008 / Rules and Regulations 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–R04–RCRA–2007–1185; FRL–8699–7] 

Mississippi: Final Authorization of 

State Hazardous Waste Management 

Program Revision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Immediate final rule. 

SUMMARY: Mississippi has applied to 

EPA for Final authorization of the 

changes to its hazardous waste program 

under the Resource Conservation and 

Recovery Act (RCRA). EPA proposes to 

grant final authorization to Mississippi. 

In the ‘‘Rules and Regulations’’ section 

of this Federal Register, EPA is 

authorizing the changes by an 

immediate final rule. EPA did not make 

a proposal prior to the immediate final 

rule because we believe this action is 

not controversial and do not expect 

comments that oppose it. We have 

explained the reasons for this 

authorization in the preamble of the 

immediate final rule. Unless we get 

written comments which oppose this 

authorization during the comment 

period, the immediate final rule will 

become effective on the date it 

establishes, and we will not take further 

action on this proposal. If we receive 

comments that oppose this action, we 

will withdraw the immediate final rule 

and it will not take effect. We will 

respond to public comments in a later 

final rule based on this proposal. You 

may not have another opportunity for 

comment. 

DATES: Final authorization will become 

effective on October 3, 2008 unless EPA 

receives adverse written comment on or 

before September 3, 2008. If EPA 

receives such comment, it will publish 

a timely withdrawal of this immediate 

final rule in the Federal Register and 

inform the public that this authorization 

will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04–

RCRA–2007–1185 by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the online instructions for submitting 

comments. 

• E-mail: johnson.otis@epa.gov 

• Fax: (404) 562–9964 (prior to 

faxing, please notify the EPA contact 

listed below). 

• Mail: Send written comments to 

Otis Johnson, Permits and State 

Programs Section, RCRA Programs and 

Materials Management Branch, RCRA 

Division, U.S. Environmental Protection 

Agency, The Sam Nunn Federal Center, 

61 Forsyth Street, SW., Atlanta, Georgia 

30303–8960. 

• Hand Delivery: Otis Johnson, 

Permits and State Programs Section, 

RCRA Programs and Materials 

Management Branch, RCRA Division, 

U.S. Environmental Protection Agency, 

The Sam Nunn Federal Center, 61 

Forsyth Street, SW., Atlanta, Georgia 

30303–8960. Such deliveries are only 

accepted during the Docket’s normal 

hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R04–RCRA–2007–

1185. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or e-mail. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an e-mail 

comment directly to EPA without going 

through www.regulations.gov, your email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. (For additional information 

about EPA’s public docket, visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm). 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy. 

You may view and copy Alabama’s 

application from 8 a.m. to 4:30 p.m. at 

the EPA Region 4, RCRA Division, 61 

Forsyth Street, SW., Atlanta, Georgia 

30303–8960. 

You may also view and copy 

Mississippi’s application from 8 a.m. to 

4:30 p.m. at The Mississippi Department 

of Environmental Quality, Hazardous 

Waste Division, 101 W. Capital, Suite 

100, Jackson, Mississippi 39201. 

FOR FURTHER INFORMATION CONTACT: Otis 

Johnson, Permits and State Programs 

Section, RCRA Programs and Materials 

Management Branch, RCRA Division, 

U.S. Environmental Protection Agency, 

The Sam Nunn Federal Center, 61 

Forsyth Street, SW., Atlanta, Georgia 

30303–8960; (404) 562–8481; fax 

number: (404) 562–9964; e-mail address: 

johnson.otis@epa.gov. 

SUPPLEMENTARY INFORMATION: 

A. Why Are Revisions to State 

Programs Necessary? 

States which have received final 

authorization from EPA under RCRA 

section 3006(b), 42 U.S.C. 6926(b), must 

maintain a hazardous waste program 

that is equivalent to, consistent with, 

and no less stringent than the Federal 

program. As the Federal program 

changes, States must change their 

programs and ask EPA to authorize the 

changes. Changes to State programs may 

be necessary when Federal or State 

statutory or regulatory authority is 

modified or when certain other changes 

occur. Most commonly, States must 

change their programs because of 

changes to EPA’s regulations in 40 Code 

of Federal Regulations (CFR) parts 124, 

260 through 266, 268, 270, 273, and 279. 

B. What Decisions Have We Made in 

This Rule? 

We conclude that Mississippi’s 

application to revise its authorized 

program meets all of the statutory and 

regulatory requirements established by 

RCRA. Therefore, we grant Mississippi 

Final authorization to operate its 

hazardous waste program with the 

changes described in the authorization 

application. Mississippi has 

responsibility for permitting Treatment, 

Storage, and Disposal Facilities (TSDF) 

within its borders and for 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 (HSWA). New 

Federal requirements and prohibitions 

imposed by Federal regulations that 

EPA promulgates under the authority of 


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HSWA take effect in authorized States 

before they are authorized for the 

requirements. Thus, EPA will 

implement those requirements and 

prohibitions in Mississippi, including 

issuing permits, until the State is 

granted authorization to do so. 

C. What Is the Effect of This 

Authorization Decision? 

The effect of this decision is that a 

facility in Mississippi subject to RCRA 

will now have to comply with the 

authorized State requirements instead of 

the equivalent Federal requirements in 

order to comply with RCRA. Mississippi 

has enforcement responsibilities under 

its State hazardous waste program for 

violations of such program, but EPA 

retains its authority under RCRA 

sections 3007, 3008, 3013, and 7003, 

which include, among others, authority 

to: 

• Do inspections and require 

monitoring, tests, analyses or reports; 

• Enforce RCRA requirements and 

suspend or revoke permits; 

• Take enforcement actions regardless 

of whether the State has taken its own 

actions. 

This action does not impose 

additional requirements on the 

regulated community because the 

regulations for which Mississippi is 

being authorized by today’s action are 

already effective, and are not changed 

by today’s action. 

D. Why Wasn’t There a Proposed Rule 

Before This Rule? 

EPA did not publish a proposal before 

today’s rule because we view this as a 

routine program change and do not 

expect comments that oppose this 

approval. We are providing an 

opportunity for public comment now. In 

addition to this rule, in the proposed 

rules section of today’s Federal 

Register, we are publishing a separate 

document that proposes to authorize the 

State program changes. 

E. What Happens if EPA Receives 

Comments That Oppose This Action? 

If EPA receives comments that oppose 

this authorization, we will withdraw 

this rule by publishing a document in 

the Federal Register before the rule 

becomes effective. EPA will base any 

further decision on the authorization of 

the State program changes on the 

proposal mentioned in the previous 

paragraph. We will then address all 

public comments in a later final rule. 

You may not have another opportunity 

to comment. If you want to comment on 

this authorization, you must do so at 

this time. 

If we receive comments that oppose 

only the authorization of a particular 

change to the State hazardous waste 

program, we will withdraw that part of 

this rule but the authorization of the 

program changes that the comments do 

not oppose will become effective on the 

date specified above. The Federal 

Register withdrawal document will 

specify which part of the authorization 

will become effective and which part is 

being withdrawn. 

F. What Has Mississippi Previously 

Been Authorized for? 

Mississippi initially received Final 

authorization on June 13, 1984, effective 

June 27, 1984 (49 FR 24377), to 

implement the RCRA hazardous waste 

management program. We granted 

authorization for changes to their 

program on August 17, 1988, effective 

October 17, 1988 (53 FR 31000), August 

10, 1990, effective October 9, 1990 (55 

FR 32624), March 29, 1991, effective 

May 28, 1991 (56 FR 13079), June 26, 

1991, effective August 27, 1991 (56 FR 

29589), May 11, 1992, effective July 10, 

1992 (57 FR 20056), April 8, 1993, 

effective June 7, 1993 (58 FR 18162), 

October 20, 1993, effective December 

20, 1993 (58 FR 54044), March 18, 1994, 

effective May 17, 1994 (59 FR 12857), 

June 1, 1995, effective July 31, 1995 (60 

FR 28539), August 30, 1995, effective 

October 30, 1995 (60 FR 5718), February 

23, 2005, effective April 25, 2005 (70 FR 

8731). 

G. What Changes Are We Authorizing 

With This Action? 

On June 20, 2007, Mississippi 

submitted a final complete program 

revision application, seeking 

authorization of their changes in 

accordance with 40 CFR 271.21. 

Mississippi’s revision consists of 

provisions promulgated July 1, 2000, 

through June 30, 2005, otherwise known 

as RCRA Clusters XI, XII, XIII, XIV and 

XV. The Mississippi Department of 

Environmental Quality adopted the 

rules for RCRA Clusters XI–XV effective 

May 25, 2006. We can now make an 

immediate final decision, subject to 

receipt of written comments that oppose 

this action, that Mississippi’s hazardous 

waste program revision satisfies all of 

the requirements necessary to qualify 

for Final authorization. Therefore, we 

grant Mississippi Final authorization for 

the following program changes: 

Description of federal requirement Federal Register 

Checklist 188, Hazardous Air Pollutant Standards; Technical Corrections .................... July 10, 2000, 65 FR 42292. 

May 14, 2001, 66 FR 24270. 

July 3, 2001, 66 FR 35087. 

Checklist 189, Chlorinated Aliphatics Listing and LDRs for Newly Identified Wastes .... November 8, 2000, 65 FR 67068. 

Checklist 190, Land Disposal Restrictions Phase IV—Deferral for PCBs in Soil ........... December 26, 2000, 65 FR 81373. 

Checklist 191, Mixed Waste Rule .................................................................................... May 16, 2001, 66 FR 27218. 

Checklist 192A, Mixture and Derived-From Rules Revision ........................................... May 16, 2001, 66 FR 27266. 

Checklist 193, Change of Official EPA Mailing Address ................................................. June 27, 2001, 66 FR 34374. 

Checklist 194, Mixture and Derived-From Rules Revision II .......................................... October 3, 2001, 66 FR 50332. 

Checklist 195, Inorganic Chemical Manufacturing Wastes Identification and Listing ..... November 20, 2001, 66 FR 58258. 

April 9, 2002, 67 FR 17119. 

Checklist 197, Hazardous Air Pollutant Standards for Combustors: Interim Standards February 13, 2002, 67 FR 6792. 

Checklist 198, Hazardous Air Pollutant Standards for Combustors: Corrections ........... February 14, 2002, 67 FR 6968. 

Checklist 199, Vacatur of Mineral Processing Spent Materials Being Reclaimed as 

Solid Wastes and TCLP Use with MGP Waste 67.

March 13, 2002, 67 FR 11251. 

Checklist 200, Zinc Fertilizer Rule ................................................................................... July 24, 2002, 67 FR 48393. 

Checklist 201, Treatment Variance for Radioactively Contaminated Batteries .............. October 7, 2002 67 FR 62618. 

Checklist 202, Hazardous Air Pollutant Standards for Combustors-Corrections 2 ......... December 19, 2002, 67 FR 77687. 

Checklist 203, Recycled Used Oil Management Standards; Clarification ...................... July 30, 2003, 68 FR 44659. 

Checklist 204, Performance Track .................................................................................. April 22, 2004, 69 FR 21737. 

October 25, 2004, 69 FR 21737. 

Checklist 205, NESHAP: Surface Coating of Automobiles and Light-Duty Trucks ........ April 26, 2004, 69 FR 22601. 

Checklist 206, Nonwastewaters from Dyes and Pigments ............................................. February 24, 2005, 70 FR 9138.

Checklist 207, Uniform Hazardous Waste Manifest Rule ............................................... March 4, 2005, 70 FR 10776. 


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45172 Federal Register / Vol. 73, No. 150 / Monday, August 4, 2008 / Rules and Regulations 

The Mississippi Department of 

Environmental Quality, Office of 

Pollution Control, Hazardous Waste 

Management Regulations were effective 

July 10, 2006. 

H. Where Are the Revised State Rules 

Different From the Federal Rules? 

There are no State requirements in 

this program revision considered to be 

more stringent or broader in scope than 

the Federal requirements. 

I. Who Handles Permits After the 

Authorization Takes Effect? 

Mississippi will issue permits for all 

the provisions for which it is authorized 

and will administer the permits it 

issues. EPA will continue to administer 

any RCRA hazardous waste permits or 

portions of permits which we issued 

prior to the effective date of this 

authorization until they expire or are 

terminated. We will not issue any more 

new permits or new portions of permits 

for the provisions listed in the Table 

above after the effective date of this 

authorization. EPA will continue to 

implement and issue permits for HSWA 

requirements for which Mississippi is 

not yet authorized. 

J. What Is Codification and Is EPA 

Codifying Alabama’s Hazardous Waste 

Program as Authorized in This Rule? 

Codification is the process of placing 

the State’s statutes and regulations that 

comprise the State’s authorized 

hazardous waste program into the Code 

of Federal Regulations. We do this by 

referencing the authorized State rules in 

40 CFR part 272. We reserve the 

amendment of 40 CFR part 272, subpart 

Z for this authorization of Mississippi’s 

program changes until a later date. 

K. Administrative Requirements 

The Office of Management and Budget 

(OMB) has exempted this action from 

the requirements of Executive Order 

12866 (58 FR 51735, October 4, 1993), 

and therefore this action is not subject 

to review by OMB. This action 

authorizes State requirements for the 

purpose of RCRA 3006 and imposes no 

additional requirements beyond those 

imposed by State law. Accordingly, I 

certify that this action will not have a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.). Because this action 

authorizes pre-existing requirements 

under State law and does not impose 

any additional enforceable duty beyond 

that required by State law, it does not 

contain any unfunded mandate or 

significantly or uniquely affect small 

governments, as described in the 

Unfunded Mandates Reform Act of 1995 

(Pub. L. 104–4). For the same reason, 

this action also does not significantly or 

uniquely affect the communities of 

Tribal governments, as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000). This action will not 

have substantial direct effects on the 

States, on the relationship between the 

national government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999), because it merely 

authorizes State requirements as part of 

the State RCRA hazardous waste 

program without altering the 

relationship or the distribution of power 

and responsibilities established by 

RCRA. This action also is not subject to 

Executive Order 13045 (62 FR 19885, 

April 23, 1997), because it is not 

economically significant and it does not 

make decisions based on environmental 

health or safety risks. This rule is not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001), because it is not a significant 

regulatory action under Executive Order 

12866. 

Under RCRA 3006(b), EPA grants a 

State’s application for authorization as 

long as the State meets the criteria 

required by RCRA. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a State 

authorization application, to require the 

use of any particular voluntary 

consensus standard in place of another 

standard that otherwise satisfies the 

requirements of RCRA. Thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. As required by 

section 3 of Executive Order 12988 (61 

FR 4729, February 7, 1996), in issuing 

this rule, EPA has taken the necessary 

steps to eliminate drafting errors and 

ambiguity, minimize potential litigation, 

and provide a clear legal standard for 

affected conduct. EPA has complied 

with Executive Order 12630 (53 FR 

8859, March 15, 1988) by examining the 

takings implications of the rule in 

accordance with the ‘‘Attorney 

General’s Supplemental Guidelines for 

the Evaluation of Risk and Avoidance of 

Unanticipated Takings’’ issued under 

the executive order. This rule does not 

impose an information collection 

burden under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). 

The Congressional Review Act, (5 

U.S.C. 801 et seq.), as added by the 

Small Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this document and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication in the Federal Register. A 

major rule cannot take effect until 60 

days after it is published in the Federal 

Register. This action is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). This 

action will be effective October 3, 2008. 

List of Subjects in 40 CFR Part 271 

Environmental protection, 

Administrative practice and procedure, 

Confidential business information, 

Hazardous waste, Hazardous waste 

transportation, Indians—lands, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements. 

Authority: This action 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, and 

6974(b). 

Dated: June 16, 2008. 

J.I. Palmer, Jr., 

Regional Administrator, Region 4. 

[FR Doc. E8–17710 Filed 8–1–08; 8:45 am] 

BILLING CODE 6560–50–P 


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