Florida: Final Authorization of State Hazardous Waste Management Program Revision, 44973-44976 [E7-15670]
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Federal Register / Vol. 72, No. 154 / Friday, August 10, 2007 / Rules and Regulations
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Jon M. Griffin, U.S. Army Corps of
Engineers, Jacksonville District,
Regulatory Division, at 904–232–1680.
SUPPLEMENTARY INFORMATION: Pursuant
to its authorities in Section 7 of the
Rivers and Harbors Act of 1917 (40 Stat
266; 33 U.S.C. 1) and Chapter XIX of the
Army Appropriations Act of 1919 (40
Stat 892; 33 U.S.C. 3), the Corps is
amending the regulations in 33 CFR part
334 by modifying the restricted area at
§ 334.610. The modification to the
existing restricted area is described
below. The proposed rule was
published in the February 21, 2007,
issue of the Federal Register (72 FR
7841). One comment was received in
response to the proposed rule. That
commenter had no objection to the
proposed amendment.
The Ammunition and Hazardous
Materials Handling Review Board has
cited NASKW for allowing anchored
pleasure craft to be within the inhabited
building distance of the Fleming Island
Magazine area. The amendment to the
regulations will allow the Commanding
Office NASKW to restrict passage of
persons, watercraft, and vessels to
ensure that ESQD requirements related
to the Fleming Island Magazine area are
met.
contacting the district office listed at the
end of the FOR FURTHER INFORMATION
CONTACT section, above.
d. Unfunded Mandates Act. This rule
does not impose an enforceable duty
among the private sector and, therefore,
is not a Federal private sector mandate
and is not subject to the requirements of
Section 202 or 205 of the Unfunded
Mandates Reform Act (Pub. L. 104–4,
109 Stat. 48, 2 U.S.C. 1501 et seq.). We
have also found under Section 203 of
the Act that small governments will not
be significantly or uniquely affected by
this rule.
Procedural Requirements
a. Review Under Executive Order
12866. This rule is issued with respect
to a military function of the Defense
Department and the provisions of
Executive Order 12866 do not apply.
b. Review Under the Regulatory
Flexibility Act. This rule has been
reviewed under the Regulatory
Flexibility Act (Pub. L. 96–354) which
requires the preparation of a regulatory
flexibility analysis for any regulation
that will have a significant economic
impact on a substantial number of small
entities (i.e., small businesses and small
governments). The Corps has concluded
that modifying this restricted area
would have practically no economic
impact on the public, and would create
no anticipated navigational hazard or
interference with existing waterway
traffic. Accordingly, it is certified that
this rule will not have a significant
economic impact on small entities.
c. Review Under the National
Environmental Policy Act. The Corps
has concluded, based on the minor
nature of this action, that the
amendment to the restricted area will
not be a major Federal action having
significant impact on the quality of the
human environment and, therefore,
preparation of an environmental impact
statement will not be required. An
environmental assessment has been
prepared and it is available by
§ 334.610 Key West Harbor, at U.S. Naval
Base, Key West, Fla.; naval restricted areas
and danger zone.
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List of Subjects in 33 CFR Part 334
Danger zones, Navigation (water),
Restricted areas, Waterways.
I For the reasons set out in the
preamble, the Corps amends 33 CFR
part 334 as follows:
PART 334—DANGER ZONE AND
RESTRICTED AREA REGULATIONS
1. The authority citation for 33 CFR
Part 334 continues to read as follows:
I
Authority: 40 Stat. 266 (33 U.S.C. 1) and
40 Stat. 892 (33 U.S.C. 3).
2. Amend § 334.610 by revising
paragraph (a)(4) to read as follows:
I
(a) The areas. * * *
(4) Beginning at the last point
designated in area 3 at Latitude
24°34.0550′ N., Longitude 81°47.9166′
W.; proceed in a northwesterly direction
to a point at Latitude 24°34.2725′ N.,
Longitude 81°48.1304′ W.; thence
proceed in a northeasterly direction to
a point at Latitude 24°34.3562′ N.,
Longitude 81°48.0192′ W.; thence
proceed in a northwesterly direction to
a point at Latitude 24°34.4506′ N.,
Longitude 81°48.1444′ W.; thence
proceed in a northwesterly direction to
a point at Latitude 24°34.5619′ N.,
Longitude 81°48.1873′ W.; thence
proceed in a northeasterly direction to
a point at Latitude 24°34.9084′ N.,
Longitude 81°48.0945′ W.; thence
proceed in a northeasterly direction to
a point at Latitude 24°34.9809′ N.,
Longitude 81°47.9400′ W.; proceed in a
general northerly direction maintaining
a distance of 100 yards from the
shoreline of Fleming Key, continue
around Fleming Key to a point easterly
of the southeast corner of Fleming Key
at Latitude 24°34.0133′ N., Longitude
81°47.6250′ W.; thence easterly to
Latitude 24°33.9600′ N., Longitude
81°47.3333′ W.; thence southerly to a
point on the shore at Latitude
24°33.9117′ N., Longitude 81°47.3450′
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W. The Department of the Navy plans to
install buoys along that portion of the
restricted area boundary which marks
the outer edge of the explosive hazard
safety distance requirements.
*
*
*
*
*
Dated: August 6, 2007.
Lawrence A. Lang,
Acting Chief, Operations Directorate of Civil
Works.
[FR Doc. E7–15694 Filed 8–9–07; 8:45 am]
BILLING CODE 3710–92–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 271
[EPA–R04–RCRA–2007–0016; FRL–8451–8]
Florida: Final Authorization of State
Hazardous Waste Management
Program Revision
Environmental Protection
Agency (EPA).
ACTION: Immediate final rule.
AGENCY:
SUMMARY: Florida has applied to EPA for
Final authorization of the changes to its
hazardous waste program under the
Resource Conservation and Recovery
Act (RCRA). EPA is granting Final
authorization to Florida. EPA is
authorizing the changes by this
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 this
immediate final rule. Unless we get
written comments which oppose this
authorization during the comment
period, this 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 this immediate final rule
and it will not take effect. We will
respond to public comments in a later
final rule based on this immediate final
rule. You may not have another
opportunity for comment.
DATES: This Final authorization is
effective on October 9, 2007 unless EPA
receives adverse written comment on or
before September 10, 2007. 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–
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Federal Register / Vol. 72, No. 154 / Friday, August 10, 2007 / Rules and Regulations
RCRA–2007–0016 by one of the
following methods:
• https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
• E-mail: johnson.otis@epa.gov.
• Fax: (404) 562–9964 (prior to
faxing, please notify the EPA contact
listed below).
• Mail: Send written comments to
Otis Johnson, Permit and State Programs
Section, RCRA Programs/Materials
Management Branch, RCRA Division,
U.S. Environmental Protection Agency,
The Sam Nunn Federal Center, 61
Forsyth Street, SW., Atlanta, Georgia
30303.
• Hand Delivery: Otis Johnson, Permit
and State Programs Section, RCRA
Programs/Materials Management
Branch, RCRA Division, U.S.
Environmental Protection Agency, The
Sam Nunn Federal Center, 61 Forsyth
Street, SW., Atlanta, Georgia 30303.
FOR FURTHER INFORMATION CONTACT: Otis
Johnson, Permit and State Programs
Section, RCRA Programs/Materials
Management Branch, RCRA Division,
U.S. Environmental Protection Agency,
The Sam Nunn Federal Center, 61
Forsyth Street, SW., Atlanta, Georgia
30303; telephone number: (404) 562–
8481; fax number: (404) 562–9964; email address: johnson.otis@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.
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B. What Decisions Have We Made in
This Rule?
We conclude that Florida’s
application to revise its authorized
program meets all of the statutory and
regulatory requirements established by
RCRA. Therefore, we grant Florida Final
authorization to operate its hazardous
waste program with the changes
described in the authorization
application. Florida has responsibility
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for permitting Treatment, Storage, and
Disposal Facilities (TSDFs) 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 Florida, 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 Florida 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. Florida 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 Florida is being
authorized by today’s action are already
effective, and are not changed by today’s
action.
D. Why Wasn’t There a Proposed Rule
Before This Rule?
EPA did not publish a proposal before
today’s rule because we view this as a
routine program change and do not
expect comments that oppose this
approval. We are providing an
opportunity for public comment now. In
addition to this rule, in the proposed
rules section of today’s Federal
Register, we are publishing a separate
document that proposes to authorize the
State program changes.
E. What Happens if EPA Receives
Comments That Oppose This Action?
If EPA receives comments that oppose
this authorization, we will withdraw
this rule by publishing a document in
the Federal Register before the rule
becomes effective. EPA will base any
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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 Florida Previously Been
Authorized for?
Florida initially received Final
authorization on January 29, 1985,
effective February 12, 1985 (50 FR
3908), to implement the RCRA
hazardous waste management program.
We granted authorization for changes to
their program on December 1, 1987,
effective March 3, 1988 (52 FR 45634),
December 16, 1988, effective January 3,
1989 (53 FR 50529), December 14, 1990,
effective February 12, 1991 (55 FR
51416), February 5, 1992, effective April
6, 1992 (57 FR 4371), February 7, 1992,
effective April 7, 1992 (57 FR 4738),
May 20, 1992, effective July 20, 1992 (57
FR 21351), November 9, 1993, effective
January 10, 1994 (58 FR 59367), July 11,
1994, effective September 9, 1994 (59
FR 35266), August 16, 1994, effective
October 17, 1994 (59 FR 41979), October
26, 1994, effective December 27, 1994
(59 FR 53753), April 1, 1997, effective
June 2, 1997 (62 FR 15407), August 23,
2001, effective October 22, 2001 (66 FR
44307), August 20, 2002, effective
October 21, 2002 (67 FR 53886 and 67
FR 53889), and October 14, 2004,
effective December 13, 2004. The
authorized Florida program, through
RCRA Cluster IV, was incorporated by
reference into the CFR on January 20,
1998, effective March 23, 1998 (63 FR
2896). Florida received corrective action
authority on September 18, 2000,
effective November 18, 2000 (65 FR
56256).
G. What Changes Are We Authorizing
With This Action?
Florida has submitted final complete
program revision applications on
seeking authorization of their changes in
accordance with 40 CFR 271.21.
Florida’s revision consists of provisions
promulgated July 1, 2000 through June
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30, 2005, otherwise known as RCRA
Clusters XI–XV.
Florida Statutes Chapter 403 allows
the Florida Department of
Environmental Protection to administer
the rules governing hazardous waste
management in the State. We now make
an immediate final decision, subject to
receipt of written comments that oppose
this action, that Florida’s hazardous
44975
waste program revisions satisfy all of
the requirements necessary to qualify
for Final authorization. Therefore, we
grant Florida Final authorization for the
following program changes:
Description of Federal requirement
Federal Register
Analogous state authority
Checklist 188, Hazardous Air Pollutants Standards; technical corrections.
July 10, 2000, 65 FR 42292–42302; May 14,
2001, 66 FR 24270–24272; July 3, 2001,
66 FR 35087–35107.
November 8, 2000, 65 FR 67068–67133 ........
Rules 62–730.030(1), 62–730.180(4), Florida
Administrative Code (F.A.C.).
May 16, 2001, 66 FR 27218–27266 ................
May 16, 2001, 66 FR 27266–27297 ................
Rule 62–730.181(1), F.A.C.
Rule 62–730.030(1), F.A.C.
May 16, 2001, 66 FR 27266–27297 ................
Rule 62–730.183(1), F.A.C.
June 28, 2001, 66 FR 34374–34376 ...............
Rule 62–730.021(1)(a), F.A.C.
October 3, 2001, 66 FR 50332–50334 ............
Rule 62–730.030(2), F.A.C.
November 20, 2001, 66 FR 58258–58300;
April 9, 2002, 67 FR 17119–17120.
January 22, 2002, 67 FR 2962–3029 ..............
February 13, 2002, 67 FR 6792–6818 ............
Rules 62–730.030(2), 62–730.183(2), F.A.C.
Checklist 189, Chlorinated Aliphatics Listing
and LDRs for Newly Identified Wastes.
Checklist 191, Mixed Waste Rule ......................
Checklist 192 A, Mixture and Derived-From
Rules Revisions.
Checklist 192 B, Land Disposal Restrictions
Correction.
Checklist 193, Change of Official EPA Mailing
Address.
Checklist 194, Mixture and Derived-From Rules
Revision II.
Checklist 195, Inorganic Chemical Manufacturing Wastes Identification and Listing.
Checklist 196, CAMU Amendments ...................
Checklist 197, Hazardous Air Pollutant Standards for Combustors: Interim Standards.
Checklist 198, Hazardous Air Pollutant Standards for Combustors: Corrections.
Checklist 199, Vacatur of Mineral Processing
Spent Materials Being Reclaimed as Solid
Wastes and TCLP Use with MGP Waste.
Checklist 200, Zinc Fertilizer Rule .....................
Checklist 201, Treatment Variance for Radioactively Contaminated Batteries.
Checklist 202, Hazardous Air Pollutant Standards for Combustors-Corrections 2.
Checklist 203, Recycled Used Oil Management
Standards: Clarification.
Checklist 204, Performance Track .....................
Checklist 205, NESHAP: Surface Coating of
Automobiles and Light-Duty Trucks.
Checklist 206, Nonwastewaters from Dyes and
Pigments.
Checklist 207, Uniform Hazardous Waste Manifest Rule.
Methods Innovation Rule ...................................
Rules 62–730.030(1), 62–730.183(1), F.A.C.
February 14, 2002, 67 FR 6968–6996 ............
Rules 62–730.020(1), 62–730.180(4), F.A.C.
Rules 62–730.180(4), 62–730.181(1), 62–
730.220(3), F.A.C.
Rule 62–730.181(1), F.A.C.
March 13, 2002 67 FR 11251–11254 .............
Rule 62–730.030(2), F.A.C.
July 24, 2002, 67 FR 48393–48415 ................
October 7, 2002, 67 FR 62618–62624 ............
Rules 62–730.030(1), 62–730.181(1),
730.183, F.A.C.
Rule 62–730.183, F.A.C.
December 19, 2002, 67 FR 77687–77692 ......
Rule 62–730.220(3), F.A.C.
July 30, 2003, 68 FR 44659–44665 ................
Rules 62–730.030(1), 62–710.210(2), F.A.C.
April 22, 2004, 69 FR 21737–21754 as
amended on October 25, 2004; 69 FR
62217–62224.
April 26, 2004, 69 FR 22601–22661 ...............
Rule 62–730.160(1), F.A.C.
February 24, 2005, 70 FR 9138–9180 ............
Rules 62–730.030(1), 62–730.183, F.A.C.
March 4, 2005, 70 FR 10776–10825 ..............
Rules 62–730.020(1), 62–730.030(1), 62–
730.160(1), 62–730.170(1), 62–730.180(1),
62–730.180(2), F.A.C.
Rules 62–730.021, 62–730.030(1), 62–
730.180(1), 62–730.180(2), 62–730.181(1),
62–730.183, 62–730.220(1), F.A.C.
June 14, 2005, 70 FR 34537–34592 as
amended August 1, 2005, 70 FR 44150.
62–
Rules 62–730.180(1), 62–730.180(2), F.A.C.
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H. Where Are the Revised State Rules
Different From the Federal Rules?
I. Who Handles Permits After the
Authorization Takes Effect?
requirements for which Florida is not
yet authorized.
Florida did not adopt did not adopt
the optional amendments in 270.42(j)(l)
in Checklist 188 and 198 for permit
modifications at the request of the
permittee. Rule 62–730.290(1)(d),
F.A.C., states that the Department may
require permit modifications for the
causes set forth in 40 CFR 270.41 and
270.42. Accordingly, Florida did not
adopt the optional amendment in
Checklist 198 pertaining to permit
modifications at the request of the
permittee.
Florida will issue permits for all the
provisions for which it is authorized
and will administer the permits it
issues. EPA will continue to administer
any RCRA hazardous waste permits or
portions of permits which we issued
prior to the effective date of this
authorization until they expire or are
terminated. We will not issue any more
new permits or new portions of permits
for the provisions listed in the Table
above after the effective date of this
authorization. EPA will continue to
implement and issue permits for HSWA
J. What Is Codification and Is EPA
Codifying Florida’s Hazardous Waste
Program as Authorized in This Rule?
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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
K for this authorization of Florida’s
program changes until a later date.
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Federal Register / Vol. 72, No. 154 / Friday, August 10, 2007 / Rules and Regulations
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 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 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 1985,
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
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National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. As required by
section 3 of Executive Order 12988 (61
FR 4729, February 7, 1996), in issuing
this rule, EPA has taken the necessary
steps to eliminate drafting errors and
ambiguity, minimize potential litigation,
and provide a clear legal standard for
affected conduct. EPA has complied
with Executive Order 12630 (53 FR
8859, March 15, 1988) by examining the
takings implications of the rule in
accordance with the ‘‘Attorney
General’s Supplemental Guidelines for
the Evaluation of Risk and Avoidance of
Unanticipated Takings’’ issued under
the Executive Order. This rule does not
impose an information collection
burden under the provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this document and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication in the Federal Register. A
major rule cannot take effect until 60
days after it is published in the Federal
Register. This action is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
This action will be effective October
9, 2007.
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 42 U.S.C. 6912(a), 6926, 6974(b).
Dated: July 13, 2007.
J.I. Palmer, Jr.,
Regional Administrator, Region 4.
[FR Doc. E7–15670 Filed 8–9–07; 8:45 am]
BILLING CODE 6560–50–P
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FEDERAL MARITIME COMMISSION
46 CFR Part 515
[Docket No. 07–08]
RIN 3072–AC32
Optional Method of Filing Form FMC–
18, Application for a License as an
Ocean Transportation Intermediary
August 6, 2007.
Federal Maritime Commission.
Final rule.
AGENCY:
ACTION:
SUMMARY: The Federal Maritime
Commission (‘‘FMC’’ or ‘‘Commission’’)
amends its regulations relating to the
method of filing Form FMC–18,
Application for a License as an Ocean
Transportation Intermediary (‘‘OTI’’), to
provide for optional filing of OTI
applications through a new electronic
filing system. This optional filing
system is intended to facilitate more
efficient processing and review of
applications for licensing. A filing fee of
$250 will apply to new applicants for
OTI licensing, and $125 for existing
licensees who might want to use the
optional electronic filing system to
update their licensing records or to
submit changes in the licensee’s
organization for which prior
Commission approval is required.
DATES: Effective September 24, 2007.
FOR FURTHER INFORMATION CONTACT:
Sandra Kusumoto, Director, Bureau of
Certification and Licensing, Federal
Maritime Commission, 800 North
Capitol Street, NW., Washington, DC
20573, (202) 523–5787, E-mail:
SKusumoto@fmc.gov.
Amy W. Larson, General Counsel,
Federal Maritime Commission, 800
North Capitol Street, NW.,
Washington, DC 20573, (202) 523–
5740, E-mail:
GeneralCounsel@fmc.gov.
SUPPLEMENTARY INFORMATION:
By Notice of Inquiry in Docket No.
01–08, the Commission first solicited
comments concerning the impact of the
Government Paperwork Elimination Act
and the Electronic Signatures in Global
and National Commerce Act on all
sectors of the U.S. ocean shipping
industry. Comments received in
response to the Notice were supportive
and encouraging of the Commission’s
efforts to provide expanded electronic
filing options for information
collections.
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E:\FR\FM\10AUR1.SGM
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[Federal Register Volume 72, Number 154 (Friday, August 10, 2007)]
[Rules and Regulations]
[Pages 44973-44976]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-15670]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[EPA-R04-RCRA-2007-0016; FRL-8451-8]
Florida: Final Authorization of State Hazardous Waste Management
Program Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Immediate final rule.
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SUMMARY: Florida has applied to EPA for Final authorization of the
changes to its hazardous waste program under the Resource Conservation
and Recovery Act (RCRA). EPA is granting Final authorization to
Florida. EPA is authorizing the changes by this 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 this immediate final rule. Unless we get written
comments which oppose this authorization during the comment period,
this 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 this
immediate final rule and it will not take effect. We will respond to
public comments in a later final rule based on this immediate final
rule. You may not have another opportunity for comment.
DATES: This Final authorization is effective on October 9, 2007 unless
EPA receives adverse written comment on or before September 10, 2007.
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-
[[Page 44974]]
RCRA-2007-0016 by one of the following methods:
https://www.regulations.gov: Follow the on-line
instructions for submitting comments.
E-mail: johnson.otis@epa.gov.
Fax: (404) 562-9964 (prior to faxing, please notify the
EPA contact listed below).
Mail: Send written comments to Otis Johnson, Permit and
State Programs Section, RCRA Programs/Materials Management Branch, RCRA
Division, U.S. Environmental Protection Agency, The Sam Nunn Federal
Center, 61 Forsyth Street, SW., Atlanta, Georgia 30303.
Hand Delivery: Otis Johnson, Permit and State Programs
Section, RCRA Programs/Materials Management Branch, RCRA Division, U.S.
Environmental Protection Agency, The Sam Nunn Federal Center, 61
Forsyth Street, SW., Atlanta, Georgia 30303.
FOR FURTHER INFORMATION CONTACT: Otis Johnson, Permit and State
Programs Section, RCRA Programs/Materials Management Branch, RCRA
Division, U.S. Environmental Protection Agency, The Sam Nunn Federal
Center, 61 Forsyth Street, SW., Atlanta, Georgia 30303; telephone
number: (404) 562-8481; fax number: (404) 562-9964; e-mail address:
johnson.otis@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 Florida's application to revise its authorized
program meets all of the statutory and regulatory requirements
established by RCRA. Therefore, we grant Florida Final authorization to
operate its hazardous waste program with the changes described in the
authorization application. Florida has responsibility for permitting
Treatment, Storage, and Disposal Facilities (TSDFs) 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 Florida, 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 Florida 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. Florida 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 Florida is being
authorized by today's action are already effective, and are not changed
by today's action.
D. Why Wasn't There a Proposed Rule Before This Rule?
EPA did not publish a proposal before today's rule because we view
this as a routine program change and do not expect comments that oppose
this approval. We are providing an opportunity for public comment now.
In addition to this rule, in the proposed rules section of today's
Federal Register, we are publishing a separate document that proposes
to authorize the State program changes.
E. What Happens if EPA Receives Comments That Oppose This Action?
If EPA receives comments that oppose this authorization, we will
withdraw this rule by publishing a document in the Federal Register
before the rule becomes effective. EPA will base any further decision
on the authorization of the State program changes on the proposal
mentioned in the previous paragraph. We will then address all public
comments in a later final rule. You may not have another opportunity to
comment. If you want to comment on this authorization, you must do so
at this time.
If we receive comments that oppose only the authorization of a
particular change to the State hazardous waste program, we will
withdraw that part of this rule but the authorization of the program
changes that the comments do not oppose will become effective on the
date specified above. The Federal Register withdrawal document will
specify which part of the authorization will become effective, and
which part is being withdrawn.
F. What Has Florida Previously Been Authorized for?
Florida initially received Final authorization on January 29, 1985,
effective February 12, 1985 (50 FR 3908), to implement the RCRA
hazardous waste management program. We granted authorization for
changes to their program on December 1, 1987, effective March 3, 1988
(52 FR 45634), December 16, 1988, effective January 3, 1989 (53 FR
50529), December 14, 1990, effective February 12, 1991 (55 FR 51416),
February 5, 1992, effective April 6, 1992 (57 FR 4371), February 7,
1992, effective April 7, 1992 (57 FR 4738), May 20, 1992, effective
July 20, 1992 (57 FR 21351), November 9, 1993, effective January 10,
1994 (58 FR 59367), July 11, 1994, effective September 9, 1994 (59 FR
35266), August 16, 1994, effective October 17, 1994 (59 FR 41979),
October 26, 1994, effective December 27, 1994 (59 FR 53753), April 1,
1997, effective June 2, 1997 (62 FR 15407), August 23, 2001, effective
October 22, 2001 (66 FR 44307), August 20, 2002, effective October 21,
2002 (67 FR 53886 and 67 FR 53889), and October 14, 2004, effective
December 13, 2004. The authorized Florida program, through RCRA Cluster
IV, was incorporated by reference into the CFR on January 20, 1998,
effective March 23, 1998 (63 FR 2896). Florida received corrective
action authority on September 18, 2000, effective November 18, 2000 (65
FR 56256).
G. What Changes Are We Authorizing With This Action?
Florida has submitted final complete program revision applications
on seeking authorization of their changes in accordance with 40 CFR
271.21. Florida's revision consists of provisions promulgated July 1,
2000 through June
[[Page 44975]]
30, 2005, otherwise known as RCRA Clusters XI-XV.
Florida Statutes Chapter 403 allows the Florida Department of
Environmental Protection to administer the rules governing hazardous
waste management in the State. We now make an immediate final decision,
subject to receipt of written comments that oppose this action, that
Florida's hazardous waste program revisions satisfy all of the
requirements necessary to qualify for Final authorization. Therefore,
we grant Florida Final authorization for the following program changes:
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Description of Federal Analogous state
requirement Federal Register authority
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Checklist 188, Hazardous Air July 10, 2000, 65 FR Rules 62-730.030(1),
Pollutants Standards; 42292-42302; May 62-730.180(4),
technical corrections. 14, 2001, 66 FR Florida
24270-24272; July Administrative Code
3, 2001, 66 FR (F.A.C.).
35087-35107.
Checklist 189, Chlorinated November 8, 2000, 65 Rules 62-730.030(1),
Aliphatics Listing and LDRs FR 67068-67133. 62-730.183(1),
for Newly Identified Wastes. F.A.C.
Checklist 191, Mixed Waste May 16, 2001, 66 FR Rule 62-730.181(1),
Rule. 27218-27266. F.A.C.
Checklist 192 A, Mixture and May 16, 2001, 66 FR Rule 62-730.030(1),
Derived-From Rules 27266-27297. F.A.C.
Revisions.
Checklist 192 B, Land May 16, 2001, 66 FR Rule 62-730.183(1),
Disposal Restrictions 27266-27297. F.A.C.
Correction.
Checklist 193, Change of June 28, 2001, 66 FR Rule 62-
Official EPA Mailing 34374-34376. 730.021(1)(a),
Address. F.A.C.
Checklist 194, Mixture and October 3, 2001, 66 Rule 62-730.030(2),
Derived-From Rules Revision FR 50332-50334. F.A.C.
II.
Checklist 195, Inorganic November 20, 2001, Rules 62-730.030(2),
Chemical Manufacturing 66 FR 58258-58300; 62-730.183(2),
Wastes Identification and April 9, 2002, 67 F.A.C.
Listing. FR 17119-17120.
Checklist 196, CAMU January 22, 2002, 67 Rules 62-730.020(1),
Amendments. FR 2962-3029. 62-730.180(4),
F.A.C.
Checklist 197, Hazardous Air February 13, 2002, Rules 62-730.180(4),
Pollutant Standards for 67 FR 6792-6818. 62-730.181(1), 62-
Combustors: Interim 730.220(3), F.A.C.
Standards.
Checklist 198, Hazardous Air February 14, 2002, Rule 62-730.181(1),
Pollutant Standards for 67 FR 6968-6996. F.A.C.
Combustors: Corrections.
Checklist 199, Vacatur of March 13, 2002 67 FR Rule 62-730.030(2),
Mineral Processing Spent 11251-11254. F.A.C.
Materials Being Reclaimed
as Solid Wastes and TCLP
Use with MGP Waste.
Checklist 200, Zinc July 24, 2002, 67 FR Rules 62-730.030(1),
Fertilizer Rule. 48393-48415. 62-730.181(1), 62-
730.183, F.A.C.
Checklist 201, Treatment October 7, 2002, 67 Rule 62-730.183,
Variance for Radioactively FR 62618-62624. F.A.C.
Contaminated Batteries.
Checklist 202, Hazardous Air December 19, 2002, Rule 62-730.220(3),
Pollutant Standards for 67 FR 77687-77692. F.A.C.
Combustors-Corrections 2.
Checklist 203, Recycled Used July 30, 2003, 68 FR Rules 62-730.030(1),
Oil Management Standards: 44659-44665. 62-710.210(2),
Clarification. F.A.C.
Checklist 204, Performance April 22, 2004, 69 Rule 62-730.160(1),
Track. FR 21737-21754 as F.A.C.
amended on October
25, 2004; 69 FR
62217-62224.
Checklist 205, NESHAP: April 26, 2004, 69 Rules 62-730.180(1),
Surface Coating of FR 22601-22661. 62-730.180(2),
Automobiles and Light-Duty F.A.C.
Trucks.
Checklist 206, February 24, 2005, Rules 62-730.030(1),
Nonwastewaters from Dyes 70 FR 9138-9180. 62-730.183, F.A.C.
and Pigments.
Checklist 207, Uniform March 4, 2005, 70 FR Rules 62-730.020(1),
Hazardous Waste Manifest 10776-10825. 62-730.030(1), 62-
Rule. 730.160(1), 62-
730.170(1), 62-
730.180(1), 62-
730.180(2), F.A.C.
Methods Innovation Rule..... June 14, 2005, 70 FR Rules 62-730.021, 62-
34537-34592 as 730.030(1), 62-
amended August 1, 730.180(1), 62-
2005, 70 FR 44150. 730.180(2), 62-
730.181(1), 62-
730.183, 62-
730.220(1), F.A.C.
------------------------------------------------------------------------
H. Where Are the Revised State Rules Different From the Federal Rules?
Florida did not adopt did not adopt the optional amendments in
270.42(j)(l) in Checklist 188 and 198 for permit modifications at the
request of the permittee. Rule 62-730.290(1)(d), F.A.C., states that
the Department may require permit modifications for the causes set
forth in 40 CFR 270.41 and 270.42. Accordingly, Florida did not adopt
the optional amendment in Checklist 198 pertaining to permit
modifications at the request of the permittee.
I. Who Handles Permits After the Authorization Takes Effect?
Florida will issue permits for all the provisions for which it is
authorized and will administer the permits it issues. EPA will continue
to administer any RCRA hazardous waste permits or portions of permits
which we issued prior to the effective date of this authorization until
they expire or are terminated. We will not issue any more new permits
or new portions of permits for the provisions listed in the Table above
after the effective date of this authorization. EPA will continue to
implement and issue permits for HSWA requirements for which Florida is
not yet authorized.
J. What Is Codification and Is EPA Codifying Florida'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 K for this authorization of Florida's
program changes until a later date.
[[Page 44976]]
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 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 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 1985, April
23, 1997), because it is not economically significant and it does not
make decisions based on environmental health or safety risks. This rule
is not subject to Executive Order 13211, ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001), because it is not a significant
regulatory action under Executive Order 12866.
Under RCRA 3006(b), EPA grants a State's application for
authorization as long as the State meets the criteria required by RCRA.
It would thus be inconsistent with applicable law for EPA, when it
reviews a State authorization application, to require the use of any
particular voluntary consensus standard in place of another standard
that otherwise satisfies the requirements of RCRA. Thus, the
requirements of section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required
by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996),
in issuing this rule, EPA has taken the necessary steps to eliminate
drafting errors and ambiguity, minimize potential litigation, and
provide a clear legal standard for affected conduct. EPA has complied
with Executive Order 12630 (53 FR 8859, March 15, 1988) by examining
the takings implications of the rule in accordance with the ``Attorney
General's Supplemental Guidelines for the Evaluation of Risk and
Avoidance of Unanticipated Takings'' issued under the Executive Order.
This rule does not impose an information collection burden under the
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this document and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication in the Federal Register. A major rule cannot take effect
until 60 days after it is published in the Federal Register. This
action is not a ``major rule'' as defined by 5 U.S.C. 804(2).
This action will be effective October 9, 2007.
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 42
U.S.C. 6912(a), 6926, 6974(b).
Dated: July 13, 2007.
J.I. Palmer, Jr.,
Regional Administrator, Region 4.
[FR Doc. E7-15670 Filed 8-9-07; 8:45 am]
BILLING CODE 6560-50-P
