Mississippi: Final Authorization of State Hazardous Waste Management Program Revision, 8731-8734 [05-3363]
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Federal Register / Vol. 70, No. 35 / Wednesday, February 23, 2005 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 271
[FRL–7875–7]
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 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
Mississippi’s changes to its hazardous
waste program will take effect. 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 April 25, 2005,
unless EPA receives adverse written
comments by March 25, 2005. If EPA
receives such comments, 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 by
one of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
• E-mail: middlebrooks.gail@epa.gov.
• Fax: (404) 562–8439 (prior to
faxing, please notify the EPA contact
listed below).
• Mail: Send written comments to
Gail Middlebrooks at the address listed
below.
Instructions: Do not submit
information that you consider to be CBI
or otherwise protected through https://
www.regulations.gov, or e-mail. The
federal regulations.gov Web site is an
‘‘anonymous access’’ system, which
means EPA will not know your identity
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or contact information unless you
provide it in the body of your
comments. 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.
You can view and copy Mississippi’s
applications from 8 a.m. to 4:30 p.m. at
the following addresses: Mississippi
Department of Environment Quality,
Hazardous Waste Division, 101 W.
Capital, Suite 100, Jackson, Mississippi
39201; and EPA, Region 4, Library, 9th
Floor, The Sam Nunn Atlanta Federal
Center, 61 Forsyth Street, SW., Atlanta,
Georgia 30303–3104; (404) 562–8190.
FOR FURTHER INFORMATION CONTACT: Gail
Middlebrooks, RCRA Services Section,
RCRA Programs Branch, Waste
Management Division, U.S.
Environmental Protection Agency,
Region 4, The Sam Nunn Atlanta
Federal Center, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–3104; (404) 562–
8494.
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
applications to revise its authorized
program meet 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 (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
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8731
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
prohibitions in Mississippi, 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 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 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.
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Federal Register / Vol. 70, No. 35 / Wednesday, February 23, 2005 / Rules and Regulations
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
Mississippi’s 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 28, 1991, effective August
27, 1991 (56 FR 29589), May 11, 1992
effective July 10, 1992 (57 FR 20056), on
April 8, 1993, effective June 7, 1993 (58
FR 18162), on October 20, 1993,
effective December 20, 1993 (58 FR
54044), on March 18, 1994, effective
May 17, 1994 (59 FR 12857), on June 1,
1995, effective July 31, 1995 (60 FR
28539), and on August 30, 1995,
effective October 30, 1995 (60 FR
45071).
G. What Changes Are We Authorizing
With Today’s Action?
On March 26, 1996, and June 1, 2004,
Mississippi submitted final complete
program revision applications, seeking
authorization of its changes in
accordance with 40 CFR 271.21. We
now make an immediate final decision,
subject to receipt of comments that
oppose this action, that Mississippi’s
hazardous waste program revisions
satisfy all of the requirements necessary
to qualify for final authorization.
Therefore, we grant final authorization
for the following program changes:
Description of Federal requirement
(revision checklist)
Federal Register date
and page
Checklist 126, Testing and Monitoring Activities ................................................................................................................
Checklist 128, Wastes from the Use of Chlorophenolic Formulations in Wood Surface Protection .................................
Checklist 129, Revision of Conditional Exemption for Small Scale Treatability Studies ...................................................
Checklist 130, Recycled Used Oil Management Standards; Technical Amendments and Corrections II .........................
Checklist 131, Recordkeeping Instructions; Technical Amendment ..................................................................................
Checklist 132, Wood Surface Protection; Correction .........................................................................................................
Checklist 133, Letter of Credit Revision .............................................................................................................................
Checklist 134, Correction of Beryllium Powder (PO15) Listing ..........................................................................................
Checklist 135, Recovered Oil Exclusion .............................................................................................................................
Checklist 136, Removal of the Conditional Exemption for Certain Slag Residues ............................................................
Checklist 137, Universal Treatment Standards and Treatment Standards for Organic Toxicity Characteristic Wastes
and Newly Listed Wastes.
Checklist 139, Testing and Monitoring Activities Amendment I .........................................................................................
Checklist 140, Carbamate Production Identification and Listing of Hazardous Waste ......................................................
Checklist 141, Testing and Monitoring Activities Amendment II ........................................................................................
Checklist 142A, Universal Waste: General Provisions .......................................................................................................
Checklist 142B. Universal Waste Rule: Specific Provisions for Batteries ..........................................................................
Checklist 142C, Universal Waste Rule: Specific Provisions for Pesticides .......................................................................
Checklist 142E, Universal Waste Rule: Petition Provisions to Add a New Universal Waste ............................................
Checklist 144, Removal of Legally Obsolete Rules ...........................................................................................................
Checklist 145, Liquids in Landfills III ..................................................................................................................................
Checklist 148, RCRA Expanded Public Participation .........................................................................................................
Checklist 150, Amendments to the Definition of Solid Waste; Amendment II ...................................................................
Checklist 151, Land Disposal Restrictions Phase III—Decharacterized Wastewaters, Carbamate Wastes, and Spent
Potliners.
Checklist 153, Conditionally Exempt Small Quantity Generator Disposal Options Under Subtitle D ................................
Checklist 154, Consolidated Organic Air Emission Standards for Tanks, Surface Impoundments, and Containers ........
Checklist 155, Land Disposal Restrictions Phase III—Emergency Extension of the KO88 Capacity Variance ................
Checklist 156, Military Munitions Rule: Hazardous Waste Identification and Management: Explosives Emergencies;
Manifest Exemption for Transport of Hazardous Waste on Right-of Ways on Contiguous Properties.
Checklist 157, Land Disposal Restrictions Phase IV—Treatment Standards for Wood Preserving Wastes, Paperwork
Reduction and Streamlining, Exemptions from RCRA for Certain Processed Materials; and Miscellaneous Hazardous Waste Provisions.
Checklist 158, Testing and Monitoring Activities Amendment III .......................................................................................
Checklist 159, Conformance With the Carbamate Vacttur .................................................................................................
Checklist 160, Land Disposal Restrictions Phase III—Emergency Extension of the KO88 National Capacity Variance,
Amendment.
Checklist 161, Emergency Revision of the Carbamate Land Disposal Restrictions ..........................................................
Checklist 162, Clarification of Standards for Hazardous Waste LDR Treatment Variances .............................................
Checklist 163, Organic Air Emission Standards for Tanks, Surface Impoundments, and Containers; Clarification and
Technical Amendment.
Checklist 164, Kraft Mill Steam Stripper Condensate Exclusion ........................................................................................
Checklist 166, Recycled Used Oil Management Standards; Technical Correction and Clarification ................................
Checklist 167A, Land Disposal Restrictions Phase IV—Treatment Standards for metal Wastes and Mineral Processing Wastes.
Checklist 167B, Land Disposal Restrictions Phase IV—Hazardous Soils Treatment Standards and Exclusions ............
Checklist 167C, Land Disposal Restrictions Phase IV—Corrections .................................................................................
Checklist 167F, Exclusion of Recycled Wood Preserving Wastewaters ............................................................................
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9/19/94, 59 FR 46040.
1/4/94, 59 FR 458.
2/18/94, 59 FR 8362.
3/4/94, 59 FR 10550.
3/24/94, 59 FR 13891.
6/2/94, 59 FR 28484.
6/10/94, 59 FR 29958.
6/20/94, 59 FR 31551.
7/28/94, 59 FR 38536.
8/24/94, 59 FR 43496.
9/19/94, 59 FR 47982.
1/13/95, 60 FR 3089.
2/9/95, 60 FR 7824.
4/4/95, 60 FR 17001.
5/11/95, 60 FR 25492.
5/11/95, 60 FR 25492.
5/11/95, 60 FR 25492.
5/11/95, 60 FR 25492.
6/29/95, 60 FR 33912.
7/11/95, 60 FR 35703.
12/11/95, 60 FR 63417.
3/26/96, 61 FR 13103.
4/8/96, 61 FR 15566.
7/1/96, 61 FR 34252.
11/25/96, 59 FR 59932.
1/14/97, 62 FR 1992.
2/12/97, 62 FR 6622.
5/12/97, 62 FR 25998.
6/13/97, 62 FR 32452.
6/17/97, 62 FR 32974.
7/14/97, 62 FR 37694.
8/28/97, 62 FR 45568.
12/5/97, 62 FR 64504.
12/8/97, 62 FR 64636.
4/15/98, 63 FR 18504.
5/6/98, 63 FR 24963; 7/
14/98, 63 FR 37780.
5/26/98, 63 FR 28556.
5/26/98, 63 FR 29556.
5/26/98, 63 FR 28556.
5/26/98, 63 FR 28556.
Federal Register / Vol. 70, No. 35 / Wednesday, February 23, 2005 / Rules and Regulations
Description of Federal requirement
(revision checklist)
Federal Register date
and page
Checklist 168, Hazardous Waste Combustors; Revised Standards ..................................................................................
Checklist 169, Petroleum Refining Process Wastes ..........................................................................................................
Checklist 170, Land Disposal Restrictions Phase IV—Zinc Micronutrient Fertilizers, Amendment ...................................
Checklist 171, Emergency Revision of the Land Disposal Restrictions Treatment Standards for Listed hazardous
Wastes from Carbamate Production.
Checklist 174, Post-Closure Permit Requirement and Closure Process ...........................................................................
Checklist 175, HWIR—Media .............................................................................................................................................
Checklist 176, Universal Rule—Technical Amendments ....................................................................................................
Checklist 177, Organic Air Emission Standards; Clarification and Technical Amendments ..............................................
Checklist 178, Petroleum Refining Process Wastes—Leachate Exemption ......................................................................
Checklist 179, Land Disposal Restrictions Phase IV—Technical Corrections and Clarifications to Treatment Standards
Checklist 180, Test Procedures for the Analysis of Oil and Grease and Non-Polar Material ...........................................
Checklist 181, Universal Waste Rule: Specific Provisions for Hazardous Waste Lamps ..................................................
Checklist 182, Hazardous Air Pollutant Standards for Combustors ...................................................................................
Checklist
Checklist
Checklist
Checklist
183,
184,
185,
187,
Land Disposal Restrictions Phase IV—Technical Corrections ...................................................................
Accumulation Time for Waste Water Treatment Sludges ..........................................................................
Organobromine Production Wastes Vacatur ..............................................................................................
Petroleum Refining Process Wastes—Clarification ....................................................................................
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?
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. 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 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 Mississippi is
not yet authorized.
J. How Does Today’s Action Affect
Indian Country (18 U.S.C. 115) in
Mississippi?
The State of Mississippi’s Hazardous
Waste Program is not being authorized
to operate in Indian Country.
K. What Is Codification and Is EPA
Codifying Mississippi’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
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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
Mississippi’s program changes 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 section 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 13084 (63 FR 27655,
May 10, 1998). 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
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8733
6/19/98, 63 FR 33782.
8/6/98, 63 FR 42110.
8/31/98, 63 FR 46332.
9/4/98, 63 FR 47410.
10/22/98, 63 FR 56710.
11/3/98, 63 FR 65874.
12/24/98, 63 FR 71225.
1/21/99, 64 FR 3382.
2/11/99, 64 FR 6806.
5/11/99, 64 FR 25408.
5/14/99, 64 FR 26315.
7/6/99, 64 FR 36466.
9/30/99, 64 FR 52828;
11/19/99, 64 FR
63209.
10/20/99, 64 FR 56469.
3/8/00, 65 FR 12378.
3/17/00, 65 FR 14472.
6/8/00, 64 FR 36365.
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.
Under RCRA section 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
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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 April 25, 2005.
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, and
6974(b).
Dated: February 2, 2005.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 05–3363 Filed 2–22–05; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
49 CFR Part 194
[Docket No. RSPA–03–16560; Amdt. No.
194–4]
RIN 2137–AC30
Pipeline Safety: Response Plans for
Onshore Transportation-Related Oil
Pipelines
AGENCY: Pipeline and Hazardous
Materials Safety Administration
(PHMSA), Department of Transportation
(DOT).
ACTION: Final rule.
SUMMARY: On January 5, 1993, the U.S.
Department of Transportation, Pipeline
and Hazardous Materials Safety
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Administration, Office of Pipeline
Safety (OPS) issued an interim final rule
establishing oil spill response planning
requirements for onshore oil pipelines
(49 CFR Part 194). These regulations
were issued pursuant to section
1321(j)(5) of the Federal Water Pollution
Control Act (FWPCA), as amended by
the Oil Pollution Act of 1990 (OPA 90).
OPS is now adopting the interim rule as
a final rule. This final rule makes minor
amendments to some of the regulations
in response to the written public
comments received after issuance of the
interim final rule and at a public
meeting held in 1997 in New Orleans,
LA. The amendments also reflect the
experience that OPS has gained in
implementing the rule; leading spill
response exercises; and, responding to
actual spills and harmonizes certain
OPS requirements with related oil spill
response regulations developed by the
U.S. Coast Guard. The amendments are
generally technical in nature and do not
involve additional costs to pipeline
operators or the public.
DATES: This rule is effective March 25,
2005.
FOR FURTHER INFORMATION CONTACT: L.E.
Herrick, (202) 366–5523, U.S
Department of Transportation, Pipeline
and Hazardous Materials Safety
Administration, Room 2103, 400
Seventh Street, SW., Washington, DC
20590–0001, on the contents of this
final rule, or the Dockets Facility,
https://dms.dot.gov, (202) 366–1918, U.S.
Department of Transportation, Room
PL–401, 400 Seventh Street, SW.,
Washington, DC 20590–0001, for copies
of this final rule or other information in
the docket. General information about
OPS programs is on our Internet home
page at https://ops.dot.gov. For
information on OPA 90, first click on
the ‘‘Initiatives,’’ then on ‘‘OPA
Initiatives.’’
SUPPLEMENTARY INFORMATION:
Background
Section 1321(j)(5) of the FWPCA (33
U.S.C. 1251 et seq.), as amended by
OPA 90 (Pub. L. 101–380, 104 Stat. 484),
requires an operator of an onshore
pipeline facility to prepare and submit
an oil spill response plan when, because
of its location, the facility could
reasonably be expected to cause
substantial harm to the environment if
it were to discharge oil into navigable
waters or adjoining shorelines.
On January 5, 1993, OPS published an
interim final rule (58 FR 244) that
created part 194 of Title 49 of the Code
of Federal Regulations. The interim final
rule implemented the requirements of
OPA 90 and required all onshore oil
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pipeline operators to submit response
plans for pipelines located where they
could reasonably be expected to cause
substantial harm or significant and
substantial harm to the environment by
discharging oil.
Under part 194, each response plan
must include a core plan that provides
an information summary (e.g., operator
address; description of response zones;
contact information for designated spill
response manager), and additional
detail on immediate notification
procedures; spill detection and
mitigation procedures; the applicable
response organization; response
activities and response resources;
government agencies that will provide
support; training procedures; equipment
testing; drill types, schedules, and
procedures; and plan review and update
procedures. In addition, each response
plan must be consistent with the
National Contingency Plan (NCP) (40
CFR part 300) and each applicable Area
Contingency Plan (ACP).
Part 194 also requires each operator to
identify and ensure, by contract or other
approved means, the resources
necessary to respond, to the maximum
extent practicable, to a worst case
discharge (including a discharge
resulting from fire or explosion), and to
mitigate or prevent a substantial threat
of a worst case discharge.
Furthermore, the part 194 requires
each operator to conduct specialized
training for its personnel, particularly
those responsible for reporting and
responding to spills. Each response plan
also must address equipment testing
and provide for periodic unannounced
drills. Operators must participate in any
unannounced drills conducted by
Federal officials, including activation of
the appropriate oil spill removal
organization and spill management team
identified in the response plan. Since
1993 OPS has led over 100 exercises.
Pipeline facilities subject to part 194
include those that transport any of the
following products: crude oil; refined
petroleum products (e.g., gasoline,
diesel fuel, heating and fuel oils,
kerosene, and jet fuel); vegetable and
animal oil; sludge; oil refuse; and/or oil
mixed with wastes other than dredged
spoil. To date, 367 onshore pipeline
facilities have submitted response plans
in compliance with the interim final
rule that established part 194.
There are two categories of onshore
pipeline response plans, those involving
pipelines capable of causing
‘‘substantial’’ harm to the environment
and those capable of causing
‘‘significant and substantial’’ harm to
the environment. OPA 90 does not
define substantial harm or significant
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]]>Agencies
[Federal Register Volume 70, Number 35 (Wednesday, February 23, 2005)]
[Rules and Regulations]
[Pages 8731-8734]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-3363]
[[Page 8731]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-7875-7]
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 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 Mississippi's changes to its hazardous waste program will
take effect. 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 April 25,
2005, unless EPA receives adverse written comments by March 25, 2005.
If EPA receives such comments, 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 by one of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the on-line instructions for submitting comments.
E-mail: middlebrooks.gail@epa.gov.
Fax: (404) 562-8439 (prior to faxing, please notify the
EPA contact listed below).
Mail: Send written comments to Gail Middlebrooks at the
address listed below.
Instructions: Do not submit information that you consider to be CBI
or otherwise protected through https://www.regulations.gov, or e-mail.
The federal 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 comments. 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.
You can view and copy Mississippi's applications from 8 a.m. to
4:30 p.m. at the following addresses: Mississippi Department of
Environment Quality, Hazardous Waste Division, 101 W. Capital, Suite
100, Jackson, Mississippi 39201; and EPA, Region 4, Library, 9th Floor,
The Sam Nunn Atlanta Federal Center, 61 Forsyth Street, SW., Atlanta,
Georgia 30303-3104; (404) 562-8190.
FOR FURTHER INFORMATION CONTACT: Gail Middlebrooks, RCRA Services
Section, RCRA Programs Branch, Waste Management Division, U.S.
Environmental Protection Agency, Region 4, The Sam Nunn Atlanta Federal
Center, 61 Forsyth Street, SW., Atlanta, Georgia 30303-3104; (404) 562-
8494.
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 applications to revise its
authorized program meet 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 (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 prohibitions in Mississippi, 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 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 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.
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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 Mississippi's 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
28, 1991, effective August 27, 1991 (56 FR 29589), May 11, 1992
effective July 10, 1992 (57 FR 20056), on April 8, 1993, effective June
7, 1993 (58 FR 18162), on October 20, 1993, effective December 20, 1993
(58 FR 54044), on March 18, 1994, effective May 17, 1994 (59 FR 12857),
on June 1, 1995, effective July 31, 1995 (60 FR 28539), and on August
30, 1995, effective October 30, 1995 (60 FR 45071).
G. What Changes Are We Authorizing With Today's Action?
On March 26, 1996, and June 1, 2004, Mississippi submitted final
complete program revision applications, seeking authorization of its
changes in accordance with 40 CFR 271.21. We now make an immediate
final decision, subject to receipt of comments that oppose this action,
that Mississippi's hazardous waste program revisions satisfy all of the
requirements necessary to qualify for final authorization. Therefore,
we grant final authorization for the following program changes:
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Description of Federal requirement
(revision checklist) Federal Register date and page
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Checklist 126, Testing and 9/19/94, 59 FR 46040.
Monitoring Activities.
Checklist 128, Wastes from the Use 1/4/94, 59 FR 458.
of Chlorophenolic Formulations in
Wood Surface Protection.
Checklist 129, Revision of 2/18/94, 59 FR 8362.
Conditional Exemption for Small
Scale Treatability Studies.
Checklist 130, Recycled Used Oil 3/4/94, 59 FR 10550.
Management Standards; Technical
Amendments and Corrections II.
Checklist 131, Recordkeeping 3/24/94, 59 FR 13891.
Instructions; Technical Amendment.
Checklist 132, Wood Surface 6/2/94, 59 FR 28484.
Protection; Correction.
Checklist 133, Letter of Credit 6/10/94, 59 FR 29958.
Revision.
Checklist 134, Correction of 6/20/94, 59 FR 31551.
Beryllium Powder (PO15) Listing.
Checklist 135, Recovered Oil 7/28/94, 59 FR 38536.
Exclusion.
Checklist 136, Removal of the 8/24/94, 59 FR 43496.
Conditional Exemption for Certain
Slag Residues.
Checklist 137, Universal Treatment 9/19/94, 59 FR 47982.
Standards and Treatment Standards
for Organic Toxicity
Characteristic Wastes and Newly
Listed Wastes.
Checklist 139, Testing and 1/13/95, 60 FR 3089.
Monitoring Activities Amendment I.
Checklist 140, Carbamate Production 2/9/95, 60 FR 7824.
Identification and Listing of
Hazardous Waste.
Checklist 141, Testing and 4/4/95, 60 FR 17001.
Monitoring Activities Amendment II.
Checklist 142A, Universal Waste: 5/11/95, 60 FR 25492.
General Provisions.
Checklist 142B. Universal Waste 5/11/95, 60 FR 25492.
Rule: Specific Provisions for
Batteries.
Checklist 142C, Universal Waste 5/11/95, 60 FR 25492.
Rule: Specific Provisions for
Pesticides.
Checklist 142E, Universal Waste 5/11/95, 60 FR 25492.
Rule: Petition Provisions to Add a
New Universal Waste.
Checklist 144, Removal of Legally 6/29/95, 60 FR 33912.
Obsolete Rules.
Checklist 145, Liquids in Landfills 7/11/95, 60 FR 35703.
III.
Checklist 148, RCRA Expanded Public 12/11/95, 60 FR 63417.
Participation.
Checklist 150, Amendments to the 3/26/96, 61 FR 13103.
Definition of Solid Waste;
Amendment II.
Checklist 151, Land Disposal 4/8/96, 61 FR 15566.
Restrictions Phase III--
Decharacterized Wastewaters,
Carbamate Wastes, and Spent
Potliners.
Checklist 153, Conditionally Exempt 7/1/96, 61 FR 34252.
Small Quantity Generator Disposal
Options Under Subtitle D.
Checklist 154, Consolidated Organic 11/25/96, 59 FR 59932.
Air Emission Standards for Tanks,
Surface Impoundments, and
Containers.
Checklist 155, Land Disposal 1/14/97, 62 FR 1992.
Restrictions Phase III--Emergency
Extension of the KO88 Capacity
Variance.
Checklist 156, Military Munitions 2/12/97, 62 FR 6622.
Rule: Hazardous Waste
Identification and Management:
Explosives Emergencies; Manifest
Exemption for Transport of
Hazardous Waste on Right-of Ways
on Contiguous Properties.
Checklist 157, Land Disposal 5/12/97, 62 FR 25998.
Restrictions Phase IV--Treatment
Standards for Wood Preserving
Wastes, Paperwork Reduction and
Streamlining, Exemptions from RCRA
for Certain Processed Materials;
and Miscellaneous Hazardous Waste
Provisions.
Checklist 158, Testing and 6/13/97, 62 FR 32452.
Monitoring Activities Amendment
III.
Checklist 159, Conformance With the 6/17/97, 62 FR 32974.
Carbamate Vacttur.
Checklist 160, Land Disposal 7/14/97, 62 FR 37694.
Restrictions Phase III--Emergency
Extension of the KO88 National
Capacity Variance, Amendment.
Checklist 161, Emergency Revision 8/28/97, 62 FR 45568.
of the Carbamate Land Disposal
Restrictions.
Checklist 162, Clarification of 12/5/97, 62 FR 64504.
Standards for Hazardous Waste LDR
Treatment Variances.
Checklist 163, Organic Air Emission 12/8/97, 62 FR 64636.
Standards for Tanks, Surface
Impoundments, and Containers;
Clarification and Technical
Amendment.
Checklist 164, Kraft Mill Steam 4/15/98, 63 FR 18504.
Stripper Condensate Exclusion.
Checklist 166, Recycled Used Oil 5/6/98, 63 FR 24963; 7/14/98, 63 FR
Management Standards; Technical 37780.
Correction and Clarification.
Checklist 167A, Land Disposal 5/26/98, 63 FR 28556.
Restrictions Phase IV--Treatment
Standards for metal Wastes and
Mineral Processing Wastes.
Checklist 167B, Land Disposal 5/26/98, 63 FR 29556.
Restrictions Phase IV--Hazardous
Soils Treatment Standards and
Exclusions.
Checklist 167C, Land Disposal 5/26/98, 63 FR 28556.
Restrictions Phase IV--Corrections.
Checklist 167F, Exclusion of 5/26/98, 63 FR 28556.
Recycled Wood Preserving
Wastewaters.
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Checklist 168, Hazardous Waste 6/19/98, 63 FR 33782.
Combustors; Revised Standards.
Checklist 169, Petroleum Refining 8/6/98, 63 FR 42110.
Process Wastes.
Checklist 170, Land Disposal 8/31/98, 63 FR 46332.
Restrictions Phase IV--Zinc
Micronutrient Fertilizers,
Amendment.
Checklist 171, Emergency Revision 9/4/98, 63 FR 47410.
of the Land Disposal Restrictions
Treatment Standards for Listed
hazardous Wastes from Carbamate
Production.
Checklist 174, Post-Closure Permit 10/22/98, 63 FR 56710.
Requirement and Closure Process.
Checklist 175, HWIR--Media......... 11/3/98, 63 FR 65874.
Checklist 176, Universal Rule-- 12/24/98, 63 FR 71225.
Technical Amendments.
Checklist 177, Organic Air Emission 1/21/99, 64 FR 3382.
Standards; Clarification and
Technical Amendments.
Checklist 178, Petroleum Refining 2/11/99, 64 FR 6806.
Process Wastes--Leachate Exemption.
Checklist 179, Land Disposal 5/11/99, 64 FR 25408.
Restrictions Phase IV--Technical
Corrections and Clarifications to
Treatment Standards.
Checklist 180, Test Procedures for 5/14/99, 64 FR 26315.
the Analysis of Oil and Grease and
Non-Polar Material.
Checklist 181, Universal Waste 7/6/99, 64 FR 36466.
Rule: Specific Provisions for
Hazardous Waste Lamps.
Checklist 182, Hazardous Air 9/30/99, 64 FR 52828; 11/19/99, 64
Pollutant Standards for Combustors. FR 63209.
Checklist 183, Land Disposal 10/20/99, 64 FR 56469.
Restrictions Phase IV--Technical
Corrections.
Checklist 184, Accumulation Time 3/8/00, 65 FR 12378.
for Waste Water Treatment Sludges.
Checklist 185, Organobromine 3/17/00, 65 FR 14472.
Production Wastes Vacatur.
Checklist 187, Petroleum Refining 6/8/00, 64 FR 36365.
Process Wastes--Clarification.
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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?
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. 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 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 Mississippi is not
yet authorized.
J. How Does Today's Action Affect Indian Country (18 U.S.C. 115) in
Mississippi?
The State of Mississippi's Hazardous Waste Program is not being
authorized to operate in Indian Country.
K. What Is Codification and Is EPA Codifying Mississippi'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 Mississippi's
program changes 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 section
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 13084 (63 FR
27655, May 10, 1998). 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.
Under RCRA section 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
[[Page 8734]]
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 April 25, 2005.
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, and 6974(b).
Dated: February 2, 2005.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 05-3363 Filed 2-22-05; 8:45 am]
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