[Federal Register Volume 73, Number 150 (Monday, August 4, 2008)]
[Rules and Regulations]
[Pages 45170-45172]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-17710]



[[Page 45170]]

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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.

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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:
    <bullet> http://www.regulations.gov: Follow the online instructions 
for submitting comments.
    <bullet> E-mail: <a href="/cdn-cgi/l/email-protection#abc1c4c3c5d8c4c585c4dfc2d8ebcedbca85ccc4dd"><span class="__cf_email__" data-cfemail="543e3b3c3a273b3a7a3b203d27143124357a333b22">[email protected]</span></a>
    <bullet> Fax: (404) 562-9964 (prior to faxing, please notify the 
EPA contact listed below).
    <bullet> 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.
    <bullet> 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 e-mail 
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: <a href="/cdn-cgi/l/email-protection#452f2a2d2b362a2b6b2a312c36052035246b222a33"><span class="__cf_email__" data-cfemail="f3999c9b9d809c9ddd9c879a80b3968392dd949c85">[email protected]</span></a>.

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

[[Page 45171]]

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:
    <bullet> Do inspections and require monitoring, tests, analyses or 
reports;
    <bullet> Enforce RCRA requirements and suspend or revoke permits;
    <bullet> 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    July 10, 2000, 65 FR 42292.
 Standards; Technical Corrections.        May 14, 2001, 66 FR 24270.
                                          July 3, 2001, 66 FR 35087.
Checklist 189, Chlorinated Aliphatics     November 8, 2000, 65 FR 67068.
 Listing and LDRs for Newly Identified
 Wastes.
Checklist 190, Land Disposal              December 26, 2000, 65 FR
 Restrictions Phase IV--Deferral for       81373.
 PCBs in Soil.
Checklist 191, Mixed Waste Rule.........  May 16, 2001, 66 FR 27218.
Checklist 192A, Mixture and Derived-From  May 16, 2001, 66 FR 27266.
 Rules Revision.
Checklist 193, Change of Official EPA     June 27, 2001, 66 FR 34374.
 Mailing Address.
Checklist 194, Mixture and Derived-From   October 3, 2001, 66 FR 50332.
 Rules Revision II.
Checklist 195, Inorganic Chemical         November 20, 2001, 66 FR
 Manufacturing Wastes Identification and   58258.
 Listing.                                 April 9, 2002, 67 FR 17119.
Checklist 197, Hazardous Air Pollutant    February 13, 2002, 67 FR 6792.
 Standards for Combustors: Interim
 Standards.
Checklist 198, Hazardous Air Pollutant    February 14, 2002, 67 FR 6968.
 Standards for Combustors: Corrections.
Checklist 199, Vacatur of Mineral         March 13, 2002, 67 FR 11251.
 Processing Spent Materials Being
 Reclaimed as Solid Wastes and TCLP Use
 with MGP Waste 67.
Checklist 200, Zinc Fertilizer Rule.....  July 24, 2002, 67 FR 48393.
Checklist 201, Treatment Variance for     October 7, 2002 67 FR 62618.
 Radioactively Contaminated Batteries.
Checklist 202, Hazardous Air Pollutant    December 19, 2002, 67 FR
 Standards for Combustors-Corrections 2.   77687.
Checklist 203, Recycled Used Oil          July 30, 2003, 68 FR 44659.
 Management Standards; Clarification.
Checklist 204, Performance Track........  April 22, 2004, 69 FR 21737.
                                          October 25, 2004, 69 FR 21737.
Checklist 205, NESHAP: Surface Coating    April 26, 2004, 69 FR 22601.
 of Automobiles and Light-Duty Trucks.
Checklist 206, Nonwastewaters from Dyes   February 24, 2005, 70 FR 9138.
 and Pigments.
Checklist 207, Uniform Hazardous Waste    March 4, 2005, 70 FR 10776.
 Manifest Rule.
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[[Page 45172]]

    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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