[Federal Register Volume 66, Number 247 (Wednesday, December 26, 2001)]
[Rules and Regulations]
[Pages 66342-66346]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-31489]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-7121-1]


Tennessee: Final Authorization of State Hazardous Waste 
Management Program Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate final rule.

-----------------------------------------------------------------------

SUMMARY: Tennessee has applied to EPA for Final authorization of the 
changes to its hazardous waste program under the Resource Conservation 
and Recovery Act (RCRA). EPA has determined that these changes satisfy 
all requirements needed to qualify for Final authorization, and is 
authorizing the State's changes through this immediate final action. 
EPA is publishing this rule to authorize the changes without a prior 
proposal because we believe this action is not controversial and do not 
expect comments that oppose it. Unless we get written comments which 
oppose this authorization during the comment period, the decision to 
authorize Tennessee's changes to its hazardous waste program will take 
effect as provided below. If we get comments that oppose this action, 
we will publish a document in the Federal Register withdrawing this 
rule before it takes effect and a separate document in the proposed 
rules section of this Federal Register will serve as a proposal to 
authorize the changes.

DATES: This Final authorization will become effective on February 25, 
2002, unless EPA receives adverse written comment by January 25, 2002. 
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: Send written comments to Narindar Kumar, Chief, RCRA 
Programs Branch, Waste Management Division, U.S. Environmental 
Protection Agency, The Sam Nunn Atlanta Federal Center, 61 Forsyth 
Street, SW., Atlanta, Georgia 30303-3104; (404) 562-8440. You can view 
and copy Tennessee's application from 8:00 a.m. to 4:30 p.m. at the 
following addresses: Tennessee Department of Environment and 
Conservation, Division of Solid Waste Management, 5th Floor, L & C 
Tower, 401 Church Street, Nashville, Tennessee 37243-1535; and EPA 
Region 4, Library, The Sam Nunn Atlanta Federal Center, 61 Forsyth 
Street, SW., Atlanta, Georgia 30303-3104; (404) 562-8190.

FOR FURTHER INFORMATION CONTACT: Narindar Kumar, Chief, RCRA Programs 
Branch, Waste Management Division, U.S. Environmental Protection 
Agency, The Sam Nunn Atlanta Federal Center, 61 Forsyth Street, SW., 
Atlanta, Georgia 30303-3104; (404) 562-8440.

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 Tennessee's application for RCRA Cluster VIII 
meets all of the statutory and regulatory requirements established by 
RCRA. Therefore, we grant Tennessee Final authorization to operate its 
hazardous waste program with the changes described in the authorization 
application. Tennessee has responsibility for permitting Treatment, 
Storage, and Disposal Facilities (TSDFs) within its borders (except in 
Indian Country) 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 HSWA take 
effect in authorized States before they are authorized for the 
requirements. Thus, EPA will implement those requirements and

[[Page 66343]]

prohibitions in Tennessee, including issuing permits, until the State 
is granted authorization to do so.

C. What Is the Effect of Today's Authorization Decision?

    The effect of this decision is that a facility in Tennessee 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. Tennessee has enforcement responsibilities under its state 
hazardous waste program for violations of such programs, 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 Tennessee 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 Today's 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 Tennessee Previously Been Authorized for?

    Tennessee initially received Final authorization on January 22, 
1985, effective February 5, 1985 (50 FR 2820) to implement the RCRA 
hazardous waste management program. We granted authorization for 
changes to their program on October 26, 2000, effective December 26, 
2000 (65 FR 64161), on September 15, 1999, effective November 15, 1999 
(64 FR 49998), on January 30, 1998, effective March 31, 1998 (63 FR 
45870), on May 23, 1996, effective July 22, 1996 (61 FR 25796), on 
August 24, 1995, effective October 23, 1995 (60 FR 43979), on May 8, 
1995, effective July 7, 1995 (60 FR 22524), on June 1, 1992, effective 
July 31, 1992 (57 FR 23063), and on June 12, 1987, effective August 11, 
1987 (52 FR 22443).

G. What Changes Are We Authorizing With Today's Action?

    On March 23, 2001, Tennessee submitted a final complete program 
revision application, seeking authorization of its changes in 
accordance with 40 CFR 271.21. We now make an immediate final decision, 
subject to receipt of written comments that oppose this action, that 
Tennessee's hazardous waste program revision satisfies all of the 
requirements necessary to qualify for Final authorization. Therefore, 
we grant Final authorization for the following program changes:

----------------------------------------------------------------------------------------------------------------
           Federal requirement                  Federal Register             Analogous State authority \1\
----------------------------------------------------------------------------------------------------------------
160--Land Disposal Restrictions; Phase    62 FR 37694, 07/14/97......  Tennessee Code Annotated (TCA) 68-212-
 III--Emergency Extension of the KO88                                   104(7) & (16); 68-212-106(a)(1) & (2);
 National Capacity Variance.                                            68-212-107(a), (d)(1), (3), & (9);
                                                                        Tennessee Revised Code 1200-1-11-
                                                                        10(2)(j)3.
161--Second Emergency Revision of the     62 FR 45568, 08/28/97......  Tennessee Code Annotated (TCA) 68-212-
 Land Disposal Restrictions Treatment                                   104(7) & (16); 68-212-106(a)(1) & (2);
 Standards for Listed Hazardous Waste                                   68-212-107(a), (d)(1), (3), & (9);
 From Carbamate Production.                                             Tennessee Revised Code 1200-1-11-
                                                                        10(3)(a)7, .10(3)(i)1/Table.
162--Clarification of Standards for       62 FR 64504, 12/05/97......  Tennessee Code Annotated (TCA) 68-212-
 Hazardous Waste Land Disposal                                          104(7) & (16); 68-212-106(a)(1) & (2);
 Restriction Treatment Variances.                                       68-212-107(a), (d)(1), (3), & (9);
                                                                        Tennessee Revised Code 1200-1-11-
                                                                        .10(3)(3).

[[Page 66344]]

 
163--Organic Air Emission Standards for   62 FR 64636, 12/08/97......  Tennessee Code Annotated (TCA) 68-212-
 Tanks, Surface Impoundments, and                                       104(6) & (7); 68-212-106(a)(1) & (2); 68-
 Containers; Clarification and Technical                                212-107(a), (d)(1), (3), & (6); 68-212-
 Amendment.                                                             108(a)(1); Tennessee Revised Code 1200-1-
                                                                        11-.06(2)(f)2(iv), .06(5)(d)2(vi),
                                                                        .06(30)(a)2(iii), .06(30)(a)3 & 5;
                                                                        .06(30)(b), .06(30)(d)1(ii)(I)-(IV),
                                                                        .06(31)(a)2(iii), .06(31)(a)3 & 6,
                                                                        .06(31)(k)1, .06(31)(k)2(i)-(iv),
                                                                        .06(31)(m)2(ii)-(iii), .06(31)(o)7(vi),
                                                                        .06(31)(o)13, .06(32)(a)2(i),
                                                                        .06(32)(a)3, .06(32)(c)2,
                                                                        .06(32)(c)3(ii)(IX)I-II,
                                                                        .06(32)(c)3(iii), .06(32)(c)3(iv)(II),
                                                                        .06(32)(d)1(ii), .06(32)(d)2(i),
                                                                        .06(32)(e)3(ii)(III),
                                                                        .06(32)(e)3(ii)(III)II,
                                                                        .06(32)(e)3(ii)(III)II.A & B,
                                                                        .06(32)(e)5(iv),
                                                                        .06(32)(e)6(iii)(I)IV.D,
                                                                        .06(32)(e)6(iii)(III), .06(32)(e)6(iv),
                                                                        .06(32)(e)10(ii)(III), .06(32)(f)2(ii),
                                                                        .06(32)(f)4(i)(III),
                                                                        .06(32)(f)4(ii)(I)II,
                                                                        .06(32)(f)5(ii)(III), .06(32)(g)3(ii),
                                                                        .06(32)(g)3(iv)(I), .06(32)(g)4(ii),
                                                                        .06(32)(g)4(iv)(I), .06(32)(g)7,
                                                                        .06(32)(h)3(iii)(II), .06(32)(h)3(vii),
                                                                        .06(32)(j)1, .06(32)(j)2(i)(II)II,
                                                                        .06(32)(j)6(i), .06(32)(j)10,
                                                                        .06(32)(j)10(i)-(ii); .05(2)(f)2(iv),
                                                                        .05(5)(d)2(vi), .05(27)(a)2(iii),
                                                                        .05(27)(a)4, .05(27)(d)1(ii)(I)-(IV),
                                                                        .05(27)(d)6(ii)(VI)II, .05(28)(a)2(iii),
                                                                        .05(28)(a)5, .05(28)(k)1, .05(28)(k)2(i)-
                                                                        (iv), .05(28)(m)2(ii)-(iii),
                                                                        .05(28)(o)7(vi), .05(28)(o)13,
                                                                        .05(29)(a)2(i), .05(29)(b), .05(29)(c)1,
                                                                        .05(29)(c)1(i)-(ii), .05(29)(c)1(ii)(I)-
                                                                        (IV), .05(29)(c)2, .05(29)(c)2(i)-(ii),
                                                                        .05(29)(c)2(ii)(I)-(III), .05(29)(c)3 &
                                                                        4, .05(29)(d)2, .05(29)(d)3(ii)(I),
                                                                        .05(29)(d)3(ii)(IX)I-II,
                                                                        .05(29)(d)3(iii), .05(29)(d)3(iv)(II),
                                                                        .05(29)(e)1(ii), .05(29)(e)1(iii)(II)II,
                                                                        .05(29)(e)1(iii)(III),
                                                                        .05(29)(e)1(iii)(III)I, VI, VII & VII.A,
                                                                        .05(29)(e)1(iii)(IV),
                                                                        .05(29)(e)1(iii)(IV)I, II, II.A, II.B,
                                                                        .05(29)(e)1(iii)(V),
                                                                        .05(29)(e)1(iv)(IV), .05(29)(e)2(i),
                                                                        .05(29)(e)2(iii)(II)II,
                                                                        .05(29)(e)2(iii)(III),
                                                                        .05(29)(e)2(iii)(III)VI-VII,
                                                                        .05(29)(e)2(iii)(IV) & (V),
                                                                        .05(29)(e)2(viii)(III),
                                                                        .05(29)(e)2(ix)(IV), .05(29)(e)4(v)(II),
                                                                        .05(29)(f)3(ii)(III),
                                                                        .05(29)(f)3(ii)(III)II,
                                                                        .05(29)(f)3(ii)(III)II.A & B,
                                                                        .05(29)(f)5(iv),
                                                                        .05(29)(f)6(iii)(I)IV.D,
                                                                        .05(29)(f)6(iv), .05(29)(f)10(ii)(III),
                                                                        .05(29)(g)2(ii), .05(29)(g)4(i)(III),
                                                                        .05(29)(g)4(ii)(I)II,
                                                                        .05(29)(g)5(ii)(III),
                                                                        .05(29)(h)3(iv)(I), .05(29)(h)4(iv)(I),
                                                                        .05(29)(h)7, .05(29)(i)3(iii)(II),
                                                                        .05(29)(i)3(vii), .05(29)(k)1,
                                                                        .05(29)(k)2(i)(II)II, .05(29)(k)6(i),
                                                                        .05(29)(k)10, .05(29)(k)10(i) & (ii),
                                                                        .05(53)Appendix VI; .07(5)(a)1(v)
164--Kraft Mill Steam Stripper            63 FR 18504, 04/15/98......  Tennessee Code Annotated (TCA) 68-212-
 Condensate Exclusion.                                                  104(7); 68-212-106(a)(1); 68-212-
                                                                        107(d)(1); Tennessee Revised Code 1200-1-
                                                                        11-.02(1)(d)1(xvii).
166--Recycled Used Oil Management         63 FR 24963, 05/06/99......  Tennessee Code Annotated (TCA) 68-211-
 Standards, Technical Correction and      63 FR 37780, 07/14/98......   106(a)(1) & 2; 68-211-107(a); 68-211-
 Clarification.                                                         1001 et seq.; 68-212-106(a)(1); 68-212-
                                                                        107(a), (d)(1), (3), & (6); Tennessee
                                                                        Revised Code 1200-1-11-.02(1)(e)10,
                                                                        .02(1)(f)1(iii)(IV)I-III, .11(2)(a)9,
                                                                        .11(3)(c)4, .11(3)(c)4(i)-(iv),
                                                                        .11(5)(f)8, .11(5)(f)8(i)-(iv),
                                                                        .11(6)(e)7, .11(6)(e)7(i)-(iv),
                                                                        .11(7)(e)7, .11(7)(e)7(i)-(iv),
                                                                        .11(8)(e)2, .11(8)(e)2(i)-(iv).
167A-Land Disposal Restrictions; Phase    63 FR 28556, 05/26/98......  Tennessee Code Annotated (TCA) 68-212-
 IV--Treatment Standards for Metal                                      104(7); 68-212-106(a)(1) & (2); 68-212-
 Wastes and Mineral Processing Wastes.                                  107(a) & (d)(1), (3) & (9); Tennessee
                                                                        Revised Code 1200-1-11-.10(1)(b)10,
                                                                        .10(1)(c)4, .10(2)(e)1, 3 & 4,
                                                                        .10(2)(e)5 .10(2)(e)5(i)-(iv),
                                                                        .10(2)(e)6, .10(3)(a)5 & 8, .10(3)(a)/
                                                                        Table ``Treatment Mineral Wastes'',
                                                                        .10(3)(i)/Table UTS (Universal Treatment
                                                                        Standards)
167B-Land Disposal Restriction Phase IV-- 63 FR 28556, 05/26/98......  Tennessee Code Annotated (TCA) 68-212-
 Hazardous Soils Treatment Standards and                                104(7); 68-212-106(a)(1) & (2); 68-212-
 Excluision.                                                            107(a) & (d)(1), (3) & (9); Tennessee
                                                                        Revised Code 1200-1-11 -.10(1)(b)9,
                                                                        .10(1)(g)1(i)-(ii), .10(1)(g)1(ii)(I)-
                                                                        (II), .10(1)(g)1(iii)intro,
                                                                        .10(1)(g)1(iii)(II), .10(1)(g)1(iv),
                                                                        .10(1)(g)1(iv)/Table, .10(1)(g)1(v)-
                                                                        (vi), .10(1)(g)2(i)-(iii),
                                                                        .10(1)(g)2(iv) intro, .10(1)(g)5 intro,
                                                                        .10(1)(g)5(i)-(ii), .10(3)(e),
                                                                        .10(3)(j)1- 2, .10(3)(j)3 intro,
                                                                        .10(3)(j)3(i) intro, .10(3)(j)3(i)(I)-
                                                                        (III), .10(3)(j)3(ii), .10(3)(j)3(iii)
                                                                        intro, .10(3)(j)3(iii)(I)- (II),
                                                                        .10(3)(j)4, .10(3)(j)5 intro,
                                                                        .10(3)(j)5(i), .10(3)(j)5(ii) intro,
                                                                        .10(3)(j)5(ii)(I)-(II).
167C-Land Disposal Restrictions, Phase    63 FR 28556, 05/26/98......  Tennessee Code Annotated (TCA) 68-212-
 IV--Corrections.                                                       104(7); 68-212-106(a)(1) & (2); 68-212-
                                                                        107(a) & (d)(1), (3) & (9); Tennessee
                                                                        Revised Code 1200-1-11.10(1)(d)1(ii)(II)-
                                                                        (III) .10(1)(g)1(vii),
                                                                        .10(1)(g)2(iii)(II)/Table,
                                                                        .10(1)(g)2(iv)(IV)-(V), .10(1)(g)2(v) &
                                                                        (vi), .10(3)(a)5, .10(3)(a)10/Table,
                                                                        .10(3)(c)1, .10(3)(c)1(i)-(iii),
                                                                        .10(3)(f)1 intro, .10(3)(f)4(iii)-(iv),
                                                                        .10(3)(i)1/table UTS, .10(5)Appendix
                                                                        VII, Table 1, .10(5)Appendix VIII.
167D--Mineral Processing Secondary        63 FR 28556, 05/26/98......  Tennessee Code Annotated (TCA) 68-212-
 Materials Exclusion.                                                   104(7); 68-212-106(a)(1) & (2); 68-212-
                                                                        107(a) & (d)(1), (3) & (9); Tennessee
                                                                        Revised Code 1200-1-11-.02(1)(b)3(iii),
                                                                        .02(1)(b)3(iv/Table, .02(1)(b)5(i)(III),
                                                                        .02(1)(d)1(xviii) intro,
                                                                        .02(1)(d)1(xviii)(I)-(III),
                                                                        .02(1)(d)1(xviii)(IV)I-III,
                                                                        .02(1)(d)1(xviii)(V)-(VI).
167E--Bevill Exclusion Revisions and      63 FR 28556, 05/26/98......  Tennessee Code Annotated (TCA) 68-212-
 Clarifications.                                                        104(7); 68-212-106(a)(1) & (2); 68-212-
                                                                        107(a) & (d)(1), (3) & (9); Tennessee
                                                                        Revised Code 1200-1-11-.02(1)(c)1(ii)(I)
                                                                        & (III), .02(1)(d)3(ii)(III) intro,
                                                                        .02(1)(d)3(ii)(III)I-II,
                                                                        .02(1)(d)3(ii)(III)II.A-T,
                                                                        .02(1)(d)3(ii)(III)III,
                                                                        .02(1)(d)3(ii)(III)III.A & B.

[[Page 66345]]

 
168--Hazardous Waste Conbustors, Revised  63 FR 33782, 06/19/98......  Tennessee Code Annotated (TCA) 68-212-
 Standards.                                                             104(7); 68-212-106(a)(1); 68-212-107(a),
                                                                        (d)(1), (3), & (4); 68-212-108(a)(1) &
                                                                        (b); Tennessee Revised Code 1200-1-11-
                                                                        .02(1)(d)1(xix), .02(4)(i) intro,
                                                                        .02(4)(i)1 intro, .02(4)(i)1(i) intro,
                                                                        .02(4)(i)1(i)(I)-(II), .02(4)(i)1(ii),
                                                                        .02(4)(i)2 intro, .02(4)(i)2(i)-(v),
                                                                        .02(4)(i)/Table 1, .02(4)(i)3 intro,
                                                                        .02(4)(i)3(i), .02(4)(i)3(i)(I) intro,
                                                                        .02(4)(i)3(i)(I)I-II,
                                                                        .02(4)(i)3(i)(I)III intro,
                                                                        .02(4)(i)3(i)(I)III.A-D,
                                                                        .02(4)(i)3(i)(II) intro,
                                                                        .02(4)(i)3(i)(II)I-V, .02(4)(i)3(ii)
                                                                        intro, .02(4)(i)3(ii)(I),
                                                                        .02(4)(i)3(ii)(II) intro,
                                                                        .02(4)(i)3(ii)(II)I-II,
                                                                        .02(4)(i)3(ii)(III), .02(4)(i)3(iii)
                                                                        intro, .02(4)(i)3(iii)(I)-(III),
                                                                        .02(4)(i)3(iv)(I) intro,
                                                                        .02(4)(i)3(iv)(I)I-III,
                                                                        .02(4)(i)3(iv)(II), .02(4)(i)3(v) intro,
                                                                        .02(4)(i)3(v)(I) intro,
                                                                        .02(4)(i)3(v)(I)I- III,
                                                                        .02(4)(i)3(v)(II), .02(4)(i)3(vi),
                                                                        .02(4)(i)3(vii) intro,
                                                                        .02(4)(i)3(vii)(I) intro,
                                                                        .02(4)(i)3(vii)(I) I-V,
                                                                        .02(4)(i)3(vii)(II) intro,
                                                                        .02(4)(i)3(vii)(II)I-VIII,
                                                                        .02(4)(i)3(vii)(III), .02(4)(i)3(viii)
                                                                        intro, .02(4)(i)3(viii)(I) intro,
                                                                        .02(4)(i)3(viii)(I)I-IV,
                                                                        .02(4)(i)3(viii)(II),
                                                                        .02(4)(i)3(viii)(III) intro,
                                                                        .02(4)(i)3(viii)(III)I-II,
                                                                        .02(4)(i)3(viii)(IV)-(VII),
                                                                        .02(4)(i)3(viii)(VIII) intro,
                                                                        .02(4)(i)3(viii)(VIII)I-II,
                                                                        .02(4)(i)3(viii)(IX), .02(4)(i)3(ix),
                                                                        .02(4)(i)3(x) intro, .02(4)(i)3(x)(I)
                                                                        intro, .02(4)(i)3(x)(I)I-III,
                                                                        .02(4)(i)3(x)(II)-(VII),
                                                                        .02(4)(i)3(x)(VIII) intro,
                                                                        .02(4)(i)3(x)(VIII)I-VIII,
                                                                        .02(4)(i)3(x)(IX) intro,
                                                                        .02(4)(i)3(x)(IX)I-V, .02(4)(i)3(xi),
                                                                        .02(4)(i)3(xii) intro,
                                                                        .02(4)(i)3(xii)(I)-(III),
                                                                        .02(4)(i)3(xiii); .07(9)(c)5(x),
                                                                        .07(9)(c)5(x)(I)-(II), .07(10)(1)9,
                                                                        .07(3)(c)2(viii).
----------------------------------------------------------------------------------------------------------------
\1\ The Tennessee provisions are from the Tennessee Hazardous Waste Management Regulations effective July 19,
  1999.

H. Where Are the Revised State Rules Different From the Federal 
Rules?

    There are no State requirements that are more stringent or broader 
in scope than the Federal requirements.

I. Who Handles Permits After the Authorization Takes Effect?

    Tennessee 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. At 
the time the State Program is approved, EPA will suspend issuance of 
Federal permits in the State. EPA will transfer any pending permit 
applications, completed permits or pertinent file information to the 
State within thirty (30) days of the approval of the State program. 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 Tennessee is not authorized.

J. How Does Today's Action Affect Indian Country (18 U.S.C. 115) in 
Tennessee?

    Tennessee's Hazardous Waste Program is not being authorized to 
operate in Indian country.

K. What Is Codification and Is EPA Codifying Tennessee'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 RR for this authorization of Tennessee's 
program until a later date.

L. Administrative Requirements

    The Office of Management and Budget 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).
    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000), 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by tribal officials in the development of regulatory 
policies that have tribal implications.'' ``Policies that have tribal 
implications'' is defined in the Executive Order to include regulations 
that have ``substantial direct effects on one or more Indian tribes, on 
the relationship between the Federal government and the Indian tribes, 
or on the distribution of power and responsibilities between the 
Federal government and Indian tribes.'' This rule does not have tribal 
implications. It will not have substantial direct effects on tribal 
governments, on the relationship between the Federal government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal government and Indian tribes, as specified in 
Executive Order 13175. Tennessee is not approved to implement the RCRA 
hazardous waste program in Indian country. This action has no effect on 
the hazardous waste program that EPA implements in the Indian country 
within the State. Thus, Executive Order 13175 does not apply to this 
rule.
    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.

[[Page 66346]]

List of Subjects in 40 CFR Part 271

    Environmental protection, Administrative practice and procedure, 
Confidential business information, Hazardous waste, Hazardous waste 
transportation, Indian 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, 6974(b).

    Dated: October 22, 2001.
A. Stanley Meiburg,
Acting Regional Administrator, Region IV.
[FR Doc. 01-31489 Filed 12-21-01; 8:45 am]
BILLING CODE 6560-50-P