South Carolina: Final Authorization of State Hazardous Waste Management Program Revision, 15594-15596 [05-6040]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 70, Number 58 (Monday, March 28, 2005)]
[Rules and Regulations]
[Pages 15594-15596]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-6040]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-7889-8]


South Carolina: Final Authorization of State Hazardous Waste 
Management Program Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate final rule.

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SUMMARY: South Carolina 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 South Carolina's changes to their 
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 May 27, 2005, 
unless EPA receives adverse written comment by April 27, 2005. 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 Thornell Cheeks, South Carolina 
Authorizations Coordinator, RCRA Programs Branch, Waste Management 
Division, U.S. Environmental Protection Agency, Atlanta Federal Center, 
61 Forsyth Street, SW., Atlanta, GA, 30303-3104; (404) 562-8479. The 
application can be viewed electronically at https://www.regulation.gov. 
Electronic comments on the application can be made from this site. You 
may also e-mail your comments to Cheeks.Thornell@epa.gov. You can view 
and copy South Carolina's applications from 9 a.m. to 4 p.m. at the 
following addresses: South Carolina Department of Health and 
Environmental Control, 2600 Bull Street, Columbia, South Carolina 
29201, (803) 896-4174; and EPA Region 4, Atlanta Federal Center, 
Library, 61 Forsyth Street, SW., Atlanta, Georgia 30303; (404) 562-
8190, John Wright, Librarian.

FOR FURTHER INFORMATION CONTACT: Thornell Cheeks, South Carolina 
Authorizations Coordinator, RCRA Programs Branch, Waste Management 
Division, U.S. Environmental Protection Agency, Atlanta Federal Center, 
61 Forsyth Street, SW., Atlanta, GA, 30303-3104; (404) 562-8479.

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 South Carolina's applications to revise its 
authorized program meets all of the statutory and regulatory 
requirements established by RCRA. Therefore, we grant South Carolina 
Final authorization to operate its hazardous waste program with the 
changes described in the authorization applications. South Carolina 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 South Carolina, 
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 South Carolina 
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. South Carolina 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 South Carolina 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

[[Page 15595]]

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 South Carolina Previously Been Authorized for?

    South Carolina initially received Final authorization on November 
8, 1985, effective November 22, 1985 (50 FR 46437) to implement the 
RCRA hazardous waste management program. We granted authorization for 
changes to their program on September 8, 1988, effective November 7, 
1988 (53 FR 34758), February 10, 1993, effective April 12, 1993 (58 FR 
7865), November 29, 1994, effective January 30, 1995 (59 FR 60901), 
April 26, 1996, effective June 25, 1996 (61 FR 18502), October 4, 2000, 
effective December 4, 2000 (65 FR 59135) and August 21, 2001, effective 
October 22, 2001 (66 FR 43798).

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

    On November 11, 2004 South Carolina submitted a final complete 
program revision application, seeking authorization of their changes in 
accordance with 40 CFR 271.21. South Carolina's provisions consists of 
provisions promulgated July 1, 2002, through June 30, 2003, otherwise 
known as RCRA XIII. The rule adoption for the provisions of RCRA XIII 
covered in this action became effective June 25, 2004. South Carolina 
Statues at sections 44-56-1 through 840 and sections 44-96-10 through 
470 allow the South Carolina Department of Health and Environmental 
Control to administer the rules governing hazardous waste management. 
We now make an immediate final decision, subject to receipt of written 
comments that oppose this action, that South Carolina's hazardous waste 
program revisions satisfy all of the requirements necessary to qualify 
for Final authorization. Therefore, we grant South Carolina Final 
authorization for the following program changes:

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          Federal requirements                Federal Register                Analogous state authority
----------------------------------------------------------------------------------------------------------------
Zinc Fertilizer Rule, Checklist 200,     67 FR 48393-48415; July     SCHWM R.61-79.261.4.
 RCRA XIII, HSWA/Non-HSWA.                24, 2002.                  SCHWM R.61-79.261.4(a)(20).
                                                                     SCHWM R.61-79.261.4(a)(20)(i).
                                                                     SCHWM R.61-79.261.4(a)(20)(ii).
                                                                     SCHWM R.61-79.261.4(a)(20)(ii)(A).
                                                                     SCHWM R.61-79.261.4(a)(20)(ii)(B).
                                                                     SCHWM R.61-79.261.4(a)(20)(ii)(B)(1).
                                                                     SCHWM R.61-79.261.4(a)(20)(ii)(B)(2).
                                                                     SCHWM R.61-79.261.4(a)(20)(ii)(B)(3).
                                                                     SCHWM R.61-79.261.4(a)(20)(ii)(C).
                                                                     SCHWM R.61-79.261.4(a)(20)(ii)(D).
                                                                     SCHWM R.61-79.261.4(a)(20)(ii)(D)(1).
                                                                     SCHWM R.61-79.261.4(a)(20)(ii)(D)(2).
                                                                     SCHWM R.61-79.261.4(a)(20)(ii)(D)(3).
                                                                     SCHWM R.61-79.261.4(a)(20)(iii).
                                                                     SCHWM R.61-79.261.4(a)(20)(iii)(B).
                                                                     SCHWM R.61-79.261.4(a)(20)(iii)(C).
                                                                     SCHWM R.61-79.261.4(a)(20)(iii)(D).
                                                                     SCHWM R.61-79.261.4(a)(20)(iv).
                                                                     SCHWM R.61-79.261.4(a)(20)(v).
                                                                     SCHWM R.61-79.261.4(a)(21).
                                                                     SCHWM R.61-79.261.4(a)(21)(i).
                                                                     SCHWM R.61-79.261.4(a)(21) (i)(A).
                                                                     SCHWM R.61-79.261.4(a)(21)(i)(B).
                                                                     SCHWM R.61-79.261.4(a)(21)(ii).
                                                                     SCHWM R.61-79.261.4(a)(21)(iii).
                                                                     SCHWM R.61-79.261.4(a)(21)(iii)(A).
                                                                     SCHWM R.61-79.261.4(a)(21)(iii)(B).
                                                                     SCHWM R.61-79.261.4(a)(21)(iii)(C).
                                                                     SCHWM R.61-79.261.4(a)(21)(iii)(D).
                                                                     SCHWM R.61-79.261.4(a)(21)(iii)(E).
                                                                     SCHWM R.61-79.261.4(a)(21)(iii)(F).
                                                                     SCHWM R.61-79.266.20.
                                                                     SCHWM R.61-79.266.20(d).
                                                                     SCHWM R.61-79.266.20(d)(1).
                                                                     SCHWM R.61-79.266.20(d)(2).
                                                                     SCHWM R.61-79.268.40.
Treatment Variance for Radioactivity,    67 FR 62618-62624; October  SCHWM R.61-79.268.40/Table.
 Checklist 201, RCRA XIII, HSWA           7, 2002.
 Provision.
Hazardous Air Pollutant Standards for    67 FR 77687-77692;          SCHWM R.61-79.270.19(e).
 Combuster--Corrections 2, Checklist      December 19, 2002.         SCHWM R.61-79.270.22 (intro).
 202, RCRA XIII, HSWA Provision.                                     SCHWM R.61-79.270.62 (intro).
                                                                     SCHWM R.61-79.270.66 (intro).
----------------------------------------------------------------------------------------------------------------


[[Page 15596]]

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?

    South Carolina 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. 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 South Carolina is not 
yet authorized.

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

    South Carolina is not authorized to carry out its hazardous waste 
program in Indian country within the State, which includes the Catawba 
Indian Nation. Therefore, this action has no effect on Indian country. 
EPA will continue to implement and administer the RCRA program in these 
lands.

K. What Is Codification and Is EPA Codifying South Carolina'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 PP for this authorization of South 
Carolina'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 (Public Law 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 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 ) 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 May 27, 2005.

List of Subjects in 40 CFR Part 271

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

    Dated: March 17, 2005.
A. Stanley Meiburg,
Deputy Regional Administrator, Region 4.
[FR Doc. 05-6040 Filed 3-25-05; 8:45 am]
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