Tennessee: Final Authorization of State Hazardous Waste Management Program Revisions, 27405-27408 [06-4397]
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Federal Register / Vol. 71, No. 91 / Thursday, May 11, 2006 / Rules and Regulations
g. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
Executive Order 13175, entitled
‘‘Consultation and Coordination with
Indian Tribal Governments’’ (65 FR
67249, November 9, 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.’’ This action does not have
tribal implications, as specified in
Executive Order 13175. Thus, Executive
Order 13175 does not apply to this
action.
h. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
Executive Order 13045 applies to any
rule that: (1) Is determined to be
‘‘economically significant’’ as defined
under Executive Order 12866, and (2)
concerns an environmental health or
safety risk that EPA has reason to
believe may have a disproportionate
effect on children. If the regulatory
action meets both criteria, the Agency
must evaluate the environmental health
or safety effects of the planned rule on
children, and explain why the planned
regulation is preferable to other
potentially effective and reasonably
feasible alternatives considered by the
Agency. This action is not subject to
Executive Order 13045 because it is not
economically significant as defined in
Executive Order 12866 and because the
Agency does not have reason to believe
the environmental health or safety risks
addressed by this action present a
disproportionate risk to children. The
action concerns the designation and dedesignation of ocean disposal sites and
would only have the effect of providing
designated locations to use for ocean
disposal of dredged material pursuant to
section 102(c) of the MPRSA.
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i. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
This action 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’’ as
defined under Executive Order 12866.
j. National Technology Transfer and
Advancement Act
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (‘‘NTTAA’’), Public Law
104–113, section 12(d) (15 U.S.C. 272)
directs EPA to use voluntary consensus
standards in its regulatory activities
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unless to do so would be inconsistent
with applicable law or otherwise
impractical. Voluntary consensus
standards are technical standards (e.g.,
materials specifications, test methods,
sampling procedures, and business
practices) that are developed or adopted
by voluntary consensus bodies. The
NTTAA directs EPA to provide to
Congress, through the OMB,
explanations when the Agency decides
not to use available and applicable
voluntary consensus standards.
Although EPA stated that the proposed
action did not directly involve technical
standards, the proposed action and
today’s final action include
environmental monitoring and
measurement as described in EPA’s
SMMP. EPA will not require the use of
specific, prescribed analytic methods for
monitoring and managing the
designated sites. Rather, the Agency
plans to allow the use of any method,
whether it constitutes a voluntary
consensus standard or not, that meets
the monitoring and measurement
criteria discussed in the final SMMP.
k. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and Low
Income Populations
To the greatest extent practicable and
permitted by law, and consistent with
the principles set forth in the report on
the National Performance Review, each
Federal agency must make achieving
environmental justice part of its mission
by identifying and addressing, as
appropriate, disproportionately high
and adverse human health and
environmental effects of its programs,
policies, and activities on minority
populations and low-income
populations in the United States and its
territories and possessions, the District
of Columbia, the Commonwealth of
Puerto Rico, and the Commonwealth of
the Mariana Islands. Because this action
addresses ocean disposal site
designations (away from inhabited land
areas), no significant adverse human
health or environmental effects are
anticipated. The action is not subject to
Executive Order 12898 because there are
no anticipated significant adverse
human health or environmental effects.
List of Subjects in 40 CFR Part 228
Environmental protection, Water
pollution control.
Authority: This action is issued under the
authority of section 102 of the Marine
Protection, Research, and Sanctuaries Act, as
amended, 33 U.S.C. 1401, 1411, 1412.
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27405
Dated: April 28, 2006.
L. Michael Bogert,
Regional Administrator, Region 10.
For the reasons set out in the
preamble, Chapter I of title 40 is
amended as set forth below:
I
PART 228—[AMENDED]
1. The authority citation for part 228
continues to read as follows:
I
Authority: 33 U.S.C. 1412 and 1418.
2. Section 228.15 is amended by
revising paragraphs (n)(4)(i), (ii), (iii),
(iv), (v), and (vi) to read as follows:
I
§ 228.15 Dumping sites designated on a
final basis.
*
*
*
*
*
(n) * * *
(4) * * *
(i) Location: 43°22′54.8887″ N,
124°19′28.9905″ W; 43°21′32.8735″ N,
124°20′37.7373″ W; 43°22′51.4004″ N,
124°23′32.4318″ W; 43°23′58.4014″ N,
124°22′35.4308″ W (NAD 83).
(ii) Size: 4.45 kilometers long and 2.45
kilometers wide.
(iii) Depth: Ranges from 6 to 51
meters.
(iv) Primary Use: Dredged material
determined to be suitable for ocean
disposal.
(v) Period of Use: Continuing Use.
(vi) Restriction: Disposal shall be
limited to dredged material determined
to be suitable for unconfined disposal;
Disposal shall be managed by the
restrictions and requirements contained
in the currently-approved Site
Management and Monitoring Plan
(SMMP); Monitoring, as specified in the
SMMP, is required.
*
*
*
*
*
[FR Doc. 06–4286 Filed 5–10–06; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 271
[EPA–R04–RCRA–2006–0429; FRL–8168–4]
Tennessee: Final Authorization of
State Hazardous Waste Management
Program Revisions
Environmental Protection
Agency (EPA).
ACTION: Immediate final rule.
AGENCY:
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 proposes to grant
Final authorization to Tennessee. In the
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Federal Register / Vol. 71, No. 91 / Thursday, May 11, 2006 / Rules and Regulations
‘‘Rules and Regulations’’ section of this
Federal Register, EPA is authorizing the
changes by an immediate final rule. EPA
did not make a proposal prior to the
immediate final rule because we believe
this action is not controversial and do
not expect comments that oppose it. We
have explained the reasons for this
authorization in the preamble of the
immediate final rule. Unless we get
written comments which oppose this
authorization during the comment
period, the immediate final rule will
become effective on the date it
establishes, and we will not take further
action on this proposal. If we receive
comments that oppose this action, we
will withdraw the immediate final rule
and it will not take effect. We will
respond to public comments in a later
final rule based on this proposal. You
may not have another opportunity for
comment.
Final authorization will become
effective on July 10, 2006 unless EPA
receives adverse written comment on or
before June 12, 2006. If EPA receives
such comment, it will publish a timely
withdrawal of this immediate final rule
in the Federal Register and inform the
public that this authorization will not
take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
RCRA–2006–0429 by one of the
following methods:
• https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
• E-mail: Gleaton.Gwen@epa.gov.
• Fax: (404) 562–8439 (prior to faxing,
please notify the EPA contact listed
below)
• Mail: Send written comments to
Gwen Gleaton, RCRA Services Section,
RCRA Programs Branch, Waste
Management Division, U.S.
Environmental Protection Agency, The
Sam Nunn Atlanta Federal Center, 61
Forsyth Street, SW., Atlanta, Georgia
30303–8960.
• Hand Delivery: Gwen Gleaton,
RCRA Services Section, RCRA Programs
Branch, Waste Management Division,
U.S. Environmental Protection Agency,
The Sam Nunn Atlanta Federal Center,
61 Forsyth Street, SW., Atlanta, Georgia
30303–8960. Such deliveries are only
accepted during the office’s normal
hours of operation, and special
arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–R04–RCRA–2006–
0429. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
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DATES:
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www.regulations.gov including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov or e-mail. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through https://
www.regulations.gov, your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses. (For additional information
about EPA’s public docket, visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm).
Docket: All documents in the docket
are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
will be publicly available only in hard
copy. Publicly available docket
materials are available either
electronically in https://
www.regulations.gov or in hard copy.
You may view and copy Tennessee’s
application at The EPA Region 4,
Library, The Sam Nunn Atlanta Federal
Center, 61 Forsyth Street, SW., Atlanta,
Georgia 30303–8960. The Library is
open from 8:30 a.m. to 4 p.m. Monday
through Friday, excluding legal
holidays. The Library telephone number
is (404) 562–8190.
You may also view and copy
Tennessee’s application from 8 a.m. to
4:30 p.m. at the following address:
Tennessee Department of Environment
and Conservation, Division of Solid
Waste Management, 5th Floor, L & C
Tower, 401 Church Street, Nashville,
Tennessee 37243–1535.
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FOR FURTHER INFORMATION CONTACT:
Gwen Gleaton, RCRA Services Section,
RCRA Programs Branch, Waste
Management Division, EPA Region 4,
The Sam Nunn Atlanta Federal Center,
61 Forsyth Street, SW., Atlanta, Georgia
30303–8960; (404) 562–8500; fax
number: (404) 562–8439; e-mail address:
Gleaton.Gwen@epa.gov.
SUPPLEMENTARY INFORMATION:
A. Why Are Revisions to State
Programs Necessary?
States which have received Final
authorization from EPA under RCRA
section 3006(b), 42 U.S.C. 6926(b), must
maintain a hazardous waste program
that is equivalent to, consistent with,
and no less stringent than the Federal
program. As the Federal program
changes, States must change their
programs and ask EPA to authorize the
changes. Changes to State programs may
be necessary when Federal or State
statutory or regulatory authority is
modified or when certain other changes
occur. Most commonly, States must
change their programs because of
changes to EPA’s regulations in 40 Code
of Federal Regulations (CFR) parts 124,
260 through 266, 268, 270, 273 and 279.
B. What Decisions Have We Made in
This Rule?
We conclude that Tennessee’s
application to revise its authorized
program 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 within
its borders and for carrying out the
aspects of the RCRA program described
in its revised program application,
subject to the limitations of the
Hazardous and Solid Waste
Amendments of 1984 (HSWA). New
Federal requirements and prohibitions
imposed by Federal regulations that
EPA promulgates under the authority of
HSWA take effect in authorized States
before they are authorized for the
requirements. Thus, EPA will
implement those requirements and
prohibitions in Tennessee, including
issuing permits, until the State is
granted authorization to do so.
C. What Is the Effect of This
Authorization Decision?
The effect of this decision is that a
facility in Tennessee subject to RCRA
will now have to comply with the
authorized State requirements instead of
the equivalent Federal requirements in
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Federal Register / Vol. 71, No. 91 / Thursday, May 11, 2006 / Rules and Regulations
order to comply with RCRA. Tennessee
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:
• Perform 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 Tennessee are
being authorized by today’s action are
already effective, and are not changed
by today’s action.
D. Why Wasn’t There a Proposed Rule
Before This Rule?
EPA did not publish a proposal before
today’s rule because we view this as a
routine program change and do not
expect comments that oppose this
approval. We are providing an
opportunity for public comment now. In
addition to this rule, in the proposed
rules section of today’s Federal
Register, we are publishing a separate
document that proposes to authorize the
State program changes.
E. What Happens if EPA Receives
Comments That Oppose This Action?
If EPA receives comments that oppose
this authorization, we will withdraw
this rule by publishing a document in
the Federal Register before the rule
becomes effective. EPA will base any
further decision on the authorization of
the State program changes on the
proposal mentioned in the previous
paragraph. We will then address all
public comments in a later final rule.
You may not have another opportunity
to comment. If you want to comment on
this authorization, you must do so at
this time.
If we receive comments that oppose
only the authorization of a particular
change to the State hazardous waste
program, we will withdraw that part of
this rule but the authorization of the
program changes that the comments do
not oppose will become effective on the
date specified above. The Federal
Register withdrawal document will
specify which part of the authorization
will become effective, and which part is
being withdrawn.
F. What Has 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
27407
authorization for changes to Tennessee’s
program on March 14, 2005, effective
May 13, 2005 (70 FR 12416), April 11,
2003, effective June 10, 2003 (68 FR
17748), December 26, 2001, effective
February 25, 2002 (66 FR 66342),
October 26, 2000, effective December
26, 2000 (65 FR 64161), September 15,
1999, effective November 15, 1999 (64
FR 49998), 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 This Action?
On January 12, 2006, 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 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:
Description of federal requirement
Federal Register date and
page
Analogous state authority 1
203—Recycled Used Oil Management Standards; Clarification.
68 FR 44659, 07/30/03 ......
204—Performance Track ..................................................
69 FR 21737, 04/22/04 ......
Tennessee Revised Code 1200–1–11–.02(1)(e)10,
.11(2)(a),
.11(2)(a)9,
.11(8)(e),
.11(8)(e)2,
.11(8)(e)2(i)–(iv).
Tennessee Revised Code 1200–1–11–.03(4)(e),
.03(4)(e)13, .03(4)(e)13(i)–(ix), .03(4)(e)13(ii)(I)–(IV),
.03(4)(e)13(i)–(iii)(I)–(IV),
.03(4)(e)13(v)(I)–(II),
.03(4)(e)13(ix)(I)–(IV), .03(4)(e)14–15.
Tennessee Revised Code 1200–1–11–.06(31)(a),
.06(31)(a)8, .05(28)(a), .05(28)(a)7.
69 FR 62217, 10/25/04 ......
205—NESHAP: Surface Coating of Automobiles and
Light-Duty Trucks.
1 The
Tennessee provisions are from the Tennessee Hazardous Waste Management Regulations effective August 23, 2005.
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?
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69 FR 22601,
04/26/04.
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 until they expire or are
terminated. We will not issue any more
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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.
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 changes until a later date.
J. What Is Codification and Is EPA
Codifying Tennessee’s Hazardous
Waste Program as Authorized in This
Rule?
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
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
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K. Administrative Requirements
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27408
Federal Register / Vol. 71, No. 91 / Thursday, May 11, 2006 / Rules and Regulations
action will not have a significant
economic impact on a substantial
number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.). Because this action authorizes
pre-existing requirements under State
law and does not impose any additional
enforceable duty beyond that required
by State law, it does not contain any
unfunded mandate or significantly or
uniquely affect small governments, as
described in the Unfunded Mandates
Reform Act of 1995 (Pub. L. 104–4). For
the same reason, this action also does
not significantly or uniquely affect the
communities of Tribal governments, as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This
action will not have substantial direct
effects on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government, as
specified in Executive Order 13132 (64
FR 43255, August 10, 1999), because it
merely authorizes State requirements as
part of the State RCRA hazardous waste
program without altering the
relationship or the distribution of power
and responsibilities established by
RCRA. This action also is not subject to
Executive Order 13045 (62 FR 19885,
April 23, 1997), because it is not
economically significant and it does not
make decisions based on environmental
health or safety risks. This rule is not
subject to Executive Order 13211,
‘‘Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355 (May
22, 2001)) because it is not a significant
regulatory action under Executive Order
12866.
Under RCRA 3006(b), EPA grants a
State’s application for authorization as
long as the State meets the criteria
required by RCRA. It would thus be
inconsistent with applicable law for
EPA, when it reviews a State
authorization application, to require the
use of any particular voluntary
consensus standard in place of another
standard that otherwise satisfies the
requirements of RCRA. Thus, the
requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. As required by
section 3 of Executive Order 12988 (61
FR 4729, February 7, 1996), in issuing
this rule, EPA has taken the necessary
steps to eliminate drafting errors and
ambiguity, minimize potential litigation,
and provide a clear legal standard for
affected conduct. EPA has complied
with Executive Order 12630 (53 FR
8859, March 15, 1988) by examining the
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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 July 10, 2006.
List of Subjects in 40 CFR Part 271
Environmental protection,
Administrative practice and procedure,
Confidential business information,
Hazardous materials 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, and
6974(b).
Dated: April 25, 2006.
A. Stanley Meiburg,
Deputy Regional Administrator, Region 4.
[FR Doc. 06–4397 Filed 5–10–06; 8:45 am]
BILLING CODE 6560–50–P
PO 00000
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 051213334–6119–02; I.D.
112905C]
RIN 0648–AT98
Magnuson-Stevens Act Provisions;
Fisheries off West Coast States;
Pacific Coast Groundfish Fishery
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
SUMMARY: NMFS is implementing the
regulatory provisions of Amendment 19
to the Pacific Coast Groundfish Fishery
Management Plan (FMP). Amendment
19 provides for a comprehensive
program to describe and protect
essential fish habitat (EFH) for Pacific
Coast Groundfish. The management
measures to implement Amendment 19,
which are authorized by the FMP and
the Magnuson-Stevens Fishery
Conservation and Management or
Magnuson-Stevens Act), are intended to
minimize, to the extent practicable,
adverse effects to EFH from fishing. The
measures include fishing gear
restrictions and prohibitions, areas that
are closed to bottom trawling, and areas
that are closed to all fishing that
contacts the bottom.
DATES: Effective June 12, 2006.
ADDRESSES: Copies of the Record of
Decision, the Final Environmental
Impact Statement, the Final Regulatory
Flexibility Analysis (FRFA), and the
Small Entity Compliance Guide (SECG)
are available at www.nwr.noaa.gov or
from D. Robert Lohn, Administrator,
Northwest Region, NMFS, 7600 Sand
Point Way NE, Seattle, WA 98115–0070,
phone: 206–526–6150.
FOR FURTHER INFORMATION CONTACT:
Steve Copps (Northwest Region, NMFS),
phone: 206–526–6140; fax: 206–526–
6736 and; e-mail: steve.copps@noaa.gov.
SUPPLEMENTARY INFORMATION:
Electronic Access
This Federal Register document is
available on the Government Printing
Office’s website at: www.gpoaccess.gov/
fr/.
Background information and
documents are available at the NMFS
Northwest Region website at:
www.nwr.noaa.gov and at the Pacific
Fishery Management Council′s website
at: www.pcouncil.org.
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]]>Agencies
[Federal Register Volume 71, Number 91 (Thursday, May 11, 2006)]
[Rules and Regulations]
[Pages 27405-27408]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-4397]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[EPA-R04-RCRA-2006-0429; FRL-8168-4]
Tennessee: Final Authorization of State Hazardous Waste
Management Program Revisions
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 proposes to grant Final authorization to
Tennessee. In the
[[Page 27406]]
``Rules and Regulations'' section of this Federal Register, EPA is
authorizing the changes by an immediate final rule. EPA did not make a
proposal prior to the immediate final rule because we believe this
action is not controversial and do not expect comments that oppose it.
We have explained the reasons for this authorization in the preamble of
the immediate final rule. Unless we get written comments which oppose
this authorization during the comment period, the immediate final rule
will become effective on the date it establishes, and we will not take
further action on this proposal. If we receive comments that oppose
this action, we will withdraw the immediate final rule and it will not
take effect. We will respond to public comments in a later final rule
based on this proposal. You may not have another opportunity for
comment.
DATES: Final authorization will become effective on July 10, 2006
unless EPA receives adverse written comment on or before June 12, 2006.
If EPA receives such comment, it will publish a timely withdrawal of
this immediate final rule in the Federal Register and inform the public
that this authorization will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
RCRA-2006-0429 by one of the following methods:
https://www.regulations.gov: Follow the on-line
instructions for submitting comments.
E-mail: Gleaton.Gwen@epa.gov.
Fax: (404) 562-8439 (prior to faxing, please notify the
EPA contact listed below)
Mail: Send written comments to Gwen Gleaton, RCRA Services
Section, RCRA Programs Branch, Waste Management Division, U.S.
Environmental Protection Agency, The Sam Nunn Atlanta Federal Center,
61 Forsyth Street, SW., Atlanta, Georgia 30303-8960.
Hand Delivery: Gwen Gleaton, RCRA Services Section, RCRA
Programs Branch, Waste Management Division, U.S. Environmental
Protection Agency, The Sam Nunn Atlanta Federal Center, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-8960. Such deliveries are only
accepted during the office's normal hours of operation, and special
arrangements should be made for deliveries of boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R04-RCRA-
2006-0429. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
https://www.regulations.gov including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through https://www.regulations.gov or e-
mail. The https://www.regulations.gov Web site is an ``anonymous
access'' system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an e-mail comment directly to EPA without going through https://
www.regulations.gov, your e-mail address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment and with any disk or CD-ROM you
submit. If EPA cannot read your comment due to technical difficulties
and cannot contact you for clarification, EPA may not be able to
consider your comment. Electronic files should avoid the use of special
characters, any form of encryption, and be free of any defects or
viruses. (For additional information about EPA's public docket, visit
the EPA Docket Center homepage at https://www.epa.gov/epahome/
dockets.htm).
Docket: All documents in the docket are listed in the https://
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in https://www.regulations.gov or in hard copy. You may view and copy
Tennessee's application at The EPA Region 4, Library, The Sam Nunn
Atlanta Federal Center, 61 Forsyth Street, SW., Atlanta, Georgia 30303-
8960. The Library is open from 8:30 a.m. to 4 p.m. Monday through
Friday, excluding legal holidays. The Library telephone number is (404)
562-8190.
You may also view and copy Tennessee's application from 8 a.m. to
4:30 p.m. at the following address: Tennessee Department of Environment
and Conservation, Division of Solid Waste Management, 5th Floor, L & C
Tower, 401 Church Street, Nashville, Tennessee 37243-1535.
FOR FURTHER INFORMATION CONTACT: Gwen Gleaton, RCRA Services Section,
RCRA Programs Branch, Waste Management Division, EPA Region 4, The Sam
Nunn Atlanta Federal Center, 61 Forsyth Street, SW., Atlanta, Georgia
30303-8960; (404) 562-8500; fax number: (404) 562-8439; e-mail address:
Gleaton.Gwen@epa.gov.
SUPPLEMENTARY INFORMATION:
A. Why Are Revisions to State Programs Necessary?
States which have received Final authorization from EPA under RCRA
section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous waste
program that is equivalent to, consistent with, and no less stringent
than the Federal program. As the Federal program changes, States must
change their programs and ask EPA to authorize the changes. Changes to
State programs may be necessary when Federal or State statutory or
regulatory authority is modified or when certain other changes occur.
Most commonly, States must change their programs because of changes to
EPA's regulations in 40 Code of Federal Regulations (CFR) parts 124,
260 through 266, 268, 270, 273 and 279.
B. What Decisions Have We Made in This Rule?
We conclude that Tennessee's application to revise its authorized
program 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 within its
borders and for carrying out the aspects of the RCRA program described
in its revised program application, subject to the limitations of the
Hazardous and Solid Waste Amendments of 1984 (HSWA). New Federal
requirements and prohibitions imposed by Federal regulations that EPA
promulgates under the authority of HSWA take effect in authorized
States before they are authorized for the requirements. Thus, EPA will
implement those requirements and prohibitions in Tennessee, including
issuing permits, until the State is granted authorization to do so.
C. What Is the Effect of This Authorization Decision?
The effect of this decision is that a facility in Tennessee subject
to RCRA will now have to comply with the authorized State requirements
instead of the equivalent Federal requirements in
[[Page 27407]]
order to comply with RCRA. Tennessee 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:
Perform 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 Tennessee are
being authorized by today's action are already effective, and are not
changed by today's action.
D. Why Wasn't There a Proposed Rule Before This Rule?
EPA did not publish a proposal before today's rule because we view
this as a routine program change and do not expect comments that oppose
this approval. We are providing an opportunity for public comment now.
In addition to this rule, in the proposed rules section of today's
Federal Register, we are publishing a separate document that proposes
to authorize the State program changes.
E. What Happens if EPA Receives Comments That Oppose This Action?
If EPA receives comments that oppose this authorization, we will
withdraw this rule by publishing a document in the Federal Register
before the rule becomes effective. EPA will base any further decision
on the authorization of the State program changes on the proposal
mentioned in the previous paragraph. We will then address all public
comments in a later final rule. You may not have another opportunity to
comment. If you want to comment on this authorization, you must do so
at this time.
If we receive comments that oppose only the authorization of a
particular change to the State hazardous waste program, we will
withdraw that part of this rule but the authorization of the program
changes that the comments do not oppose will become effective on the
date specified above. The Federal Register withdrawal document will
specify which part of the authorization will become effective, and
which part is being withdrawn.
F. What Has 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 Tennessee's program on March 14, 2005, effective May 13,
2005 (70 FR 12416), April 11, 2003, effective June 10, 2003 (68 FR
17748), December 26, 2001, effective February 25, 2002 (66 FR 66342),
October 26, 2000, effective December 26, 2000 (65 FR 64161), September
15, 1999, effective November 15, 1999 (64 FR 49998), 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 This Action?
On January 12, 2006, 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 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:
------------------------------------------------------------------------
Description of federal Federal Register Analogous state
requirement date and page authority \1\
------------------------------------------------------------------------
203--Recycled Used Oil 68 FR 44659, 07/ Tennessee Revised
Management Standards; 30/03. Code 1200-1-11-
Clarification. .02(1)(e)10,
.11(2)(a),
.11(2)(a)9,
.11(8)(e),
.11(8)(e)2,
.11(8)(e)2(i)-(iv).
204--Performance Track........ 69 FR 21737, 04/ Tennessee Revised
22/04. Code 1200-1-11-
.03(4)(e),
.03(4)(e)13,
.03(4)(e)13(i)-(ix),
.03(4)(e)13(ii)(I)-(
IV),
69 FR 62217, 10/ .03(4)(e)13(i)-(iii)(
25/04. I)-(IV),
.03(4)(e)13(v)(I)-(I
I),
.03(4)(e)13(ix)(I)-(
IV), .03(4)(e)14-15.
205--NESHAP: Surface Coating 69 FR 22601, 04/ Tennessee Revised
of Automobiles and Light-Duty 26/04. Code 1200-1-11-
Trucks. .06(31)(a),
.06(31)(a)8,
.05(28)(a),
.05(28)(a)7.
------------------------------------------------------------------------
\1\ The Tennessee provisions are from the Tennessee Hazardous Waste
Management Regulations effective August 23, 2005.
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 until
they expire or are terminated. We will not issue any more 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. 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 changes until a later date.
K. 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
[[Page 27408]]
action will not have a significant economic impact on a substantial
number of small entities under the Regulatory Flexibility Act (5 U.S.C.
601 et seq.). Because this action authorizes pre-existing requirements
under State law and does not impose any additional enforceable duty
beyond that required by State law, it does not contain any unfunded
mandate or significantly or uniquely affect small governments, as
described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4).
For the same reason, this action also does not significantly or
uniquely affect the communities of Tribal governments, as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000). This action will
not have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132 (64 FR 43255, August 10, 1999),
because it merely authorizes State requirements as part of the State
RCRA hazardous waste program without altering the relationship or the
distribution of power and responsibilities established by RCRA. This
action also is not subject to Executive Order 13045 (62 FR 19885, April
23, 1997), because it is not economically significant and it does not
make decisions based on environmental health or safety risks. This rule
is not subject to Executive Order 13211, ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355 (May 22, 2001)) because it is not a significant
regulatory action under Executive Order 12866.
Under RCRA 3006(b), EPA grants a State's application for
authorization as long as the State meets the criteria required by RCRA.
It would thus be inconsistent with applicable law for EPA, when it
reviews a State authorization application, to require the use of any
particular voluntary consensus standard in place of another standard
that otherwise satisfies the requirements of RCRA. Thus, the
requirements of section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required
by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996),
in issuing this rule, EPA has taken the necessary steps to eliminate
drafting errors and ambiguity, minimize potential litigation, and
provide a clear legal standard for affected conduct. EPA has complied
with Executive Order 12630 (53 FR 8859, March 15, 1988) by examining
the takings implications of the rule in accordance with the ``Attorney
General's Supplemental Guidelines for the Evaluation of Risk and
Avoidance of Unanticipated Takings'' issued under the executive order.
This rule does not impose an information collection burden under the
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this document and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication in the Federal Register. A major rule cannot take effect
until 60 days after it is published in the Federal Register. This
action is not a ``major rule'' as defined by 5 U.S.C. 804(2). This
action will be effective July 10, 2006.
List of Subjects in 40 CFR Part 271
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous materials 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, and 6974(b).
Dated: April 25, 2006.
A. Stanley Meiburg,
Deputy Regional Administrator, Region 4.
[FR Doc. 06-4397 Filed 5-10-06; 8:45 am]
BILLING CODE 6560-50-P
