Alabama: Final Authorization of State Hazardous Waste Management Program Revision, 17924-17926 [E8-6813]
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Federal Register / Vol. 73, No. 64 / Wednesday, April 2, 2008 / Rules and Regulations
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[FR Doc. E8–6668 Filed 4–1–08; 8:45 am]
BILLING CODE 6560–50–S
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 271
[EPA–R04–RCRA–2007–0992; FRL–8550–3]
Alabama: Final Authorization of State
Hazardous Waste Management
Program Revision
Environmental Protection
Agency (EPA).
ACTION: Immediate Final Rule.
AGENCY:
SUMMARY: Alabama 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 Alabama. In the ‘‘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 June 2, 2008 unless EPA
receives adverse written comment on or
before May 2, 2008. 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–2007–0992 by one of the
following methods:
• https://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)
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DATES:
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18:23 Apr 01, 2008
Jkt 214001
• Mail: Send written comments to
Otis Johnson, Permits and State
Programs Section, RCRA Programs and
Materials Management Branch, RCRA
Division, U.S. Environmental Protection
Agency, The Sam Nunn Federal Center,
61 Forsyth Street, SW., Atlanta, Georgia
30303–8960.
• Hand Delivery: Otis Johnson,
Permits and State Programs Section,
RCRA Programs and Materials
Management Branch, RCRA Division,
U.S. Environmental Protection Agency,
The Sam Nunn Federal Center, 61
Forsyth Street, SW., Atlanta, Georgia
30303–8960. Such deliveries are only
accepted during the Docket’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–2007–
0992. 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 website 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
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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 Alabama’s
application from 8 a.m. to 4:30 p.m. at
the EPA Region 4, RCRA Division, 61
Forsyth Street, SW., Atlanta, Georgia
30303–8960.
You may also view and copy
Alabama’s application from 8 a.m. to
4:30 p.m. at The Alabama Department of
Environmental Management, 1400
Coliseum Blvd, Montgomery, Alabama
36110–2059.
FOR FURTHER INFORMATION CONTACT: Otis
Johnson, Permits and State Programs
Section, RCRA Programs and Materials
Management Branch, RCRA Division,
U.S. Environmental Protection Agency,
The Sam Nunn Federal Center, 61
Forsyth Street, SW., Atlanta, Georgia
30303–8960; (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 Alabama’s
application to revise its authorized
program meets all of the statutory and
regulatory requirements established by
RCRA. Therefore, we grant Alabama
Final authorization to operate its
hazardous waste program with the
changes described in the authorization
application. Alabama has responsibility
for permitting Treatment, Storage, and
Disposal Facilities (TSDF) within its
borders and for carrying out the aspects
of the RCRA program described in its
revised program application, subject to
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02APR1
Federal Register / Vol. 73, No. 64 / Wednesday, April 2, 2008 / Rules and Regulations
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 Alabama, 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 Alabama 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. Alabama
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 Alabama 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 Alabama Previously Been
Authorized for?
Alabama initially received Final
authorization on December 8, 1987,
effective December 22, 1987 (52 FR
46466), to implement the RCRA
hazardous waste management program.
We granted authorization for changes to
their program on November 29, 1991,
Description of federal requirement
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335–14–5–.28(1), 335–14–6–.28(1).
February 24, 2005 70 FR
9138–9180.
335–14–2–.01(4)(b)15, 335–14–2–.04(3), 335–14–2
Appendix VII, VIII, 335–14–9–.03(1), 335–14–9–
.04(1).
H. Where Are the Revised Rules?
Alabama will issue permits for all the
provisions for which it is authorized
and will administer the permits it
issues. EPA will continue to administer
18:23 Apr 01, 2008
Jkt 214001
On July 20, 2007, Alabama submitted
a final complete program revision
application, seeking authorization of
their changes in accordance with 40
CFR 271.21. Alabama’s revision consists
of provisions promulgated July 1, 2004,
through June 30, 2005, otherwise known
as RCRA Cluster XV. The Alabama
Department of Environmental
Management adopted the rules for
RCRA Cluster XV effective April 4,
2006. We can now make an immediate
final decision, subject to receipt of
written comments that oppose this
action, that Alabama’s hazardous waste
program revision satisfies all of the
requirements necessary to qualify for
Final authorization. Therefore, we grant
Alabama Final authorization for the
following program changes:
April 26, 2004 69 FR
22602–22661.
more stringent or broader in scope than
the Federal requirements.
VerDate Aug<31>2005
G. What Changes Are We Authorizing
With This Action?
Analogous state authority
The Alabama Department of
Environmental Management’s
Administrative Code, Division 335–14
Hazardous Waste Program Regulations
were effective March 31, 2005.
There are no State requirements in
this program revision considered to be
effective January 28, 1992 (56 FR
60926), May 13, 1992, effective July 12,
1992 (57 FR 20422), October 21, 1992,
effective December 21, 1992 (57 FR
47996), March 17, 1993, effective May
17, 1993 (58 FR 20422), September 24,
1993, effective November 23, 1993 (58
FR 49932), February 1, 1994, effective
April 4, 1994 (59 FR 4594), November
14, 1994, effective January 13, 1995 (59
FR 56407), August 14, 1995, effective
October 13, 1995 (60 FR 41818),
February 14, 1996, effective April 15,
1996 (61 FR 5718), April 25, 1996,
effective June 24, 1996 (61 FR 5718),
November 21, 1997, effective February
10, 1998 (62 FR 62262), December 20,
2000, effective February 20, 2001 (65 FR
79769), March 15, 2005, effective May
16, 2005 (FR 70 12593), June 2, 2005,
effective August 1, 2005 (70 FR 32247),
and September 13, 2006, effective
November 13, 2006 (71 FR 53989).
Federal Register
Checklist 205, Hazardous Waste Management System;
National Emission Standards for Hazardous Air Pollutants: Surface Coating of Automobiles and Light-Duty
Trucks.
Checklist 206, Hazardous Waste—Non-wastewaters
from Production of Dyes, Pigments, and Food, Drug
and Cosmetic Colorants; Mass Loadings-Based Listing.
I. Who Handles Permits After the
Authorization Takes Effect?
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17925
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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
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Federal Register / Vol. 73, No. 64 / Wednesday, April 2, 2008 / Rules and Regulations
implement and issue permits for HSWA
requirements for which Alabama is not
yet authorized.
mstockstill on PROD1PC66 with RULES
J. What Is Codification and Is EPA
Codifying Alabama’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
B, for this authorization of Alabama’s
program changes until a later date.
K. Administrative Requirements
The Office of Management and Budget
(OMB) has exempted this action from
the requirements of Executive Order
12866 (58 FR 51735, October 4, 1993),
and therefore this action is not subject
to review by OMB. This action
authorizes State requirements for the
purpose of RCRA 3006 and imposes no
additional requirements beyond those
imposed by State law. Accordingly, I
certify that this action will not have a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.). Because this action
authorizes pre-existing requirements
under State law and does not impose
any additional enforceable duty beyond
that required by State law, it does not
contain any unfunded mandate or
significantly or uniquely affect small
governments, as described in the
Unfunded Mandates Reform Act of 1995
(Pub. L. 104–4). 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 State, 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
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18:23 Apr 01, 2008
Jkt 214001
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 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 June 2, 2008.
List of Subjects in 40 CFR Part 271
Environmental protection,
Administrative practice and procedure,
Confidential business information,
Hazardous waste, Hazardous waste
transportation, Indians—lands,
Intergovernmental relations, Penalties,
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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: January 22, 2008.
J. I. Palmer, Jr.,
Regional Administrator, Region 4.
[FR Doc. E8–6813 Filed 4–1–08; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 64
[Docket No. FEMA–8017]
Suspension of Community Eligibility
Federal Emergency
Management Agency, DHS.
ACTION: Final rule.
AGENCY:
SUMMARY: This rule identifies
communities, where the sale of flood
insurance has been authorized under
the National Flood Insurance Program
(NFIP), that are scheduled for
suspension on the effective dates listed
within this rule because of
noncompliance with the floodplain
management requirements of the
program. If the Federal Emergency
Management Agency (FEMA) receives
documentation that the community has
adopted the required floodplain
management measures prior to the
effective suspension date given in this
rule, the suspension will not occur and
a notice of this will be provided by
publication in the Federal Register on a
subsequent date.
DATES: Effective Dates: The effective
date of each community’s scheduled
suspension is the third date (‘‘Susp.’’)
listed in the third column of the
following tables.
ADDRESSES: If you want to determine
whether a particular community was
suspended on the suspension date,
contact the appropriate FEMA Regional
Office.
FOR FURTHER INFORMATION CONTACT:
David Stearrett, Mitigation Directorate,
Federal Emergency Management
Agency, 500 C Street, SW., Washington,
DC 20472, (202) 646–2953.
SUPPLEMENTARY INFORMATION: The NFIP
enables property owners to purchase
flood insurance which is generally not
otherwise available. In return,
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02APR1
Agencies
[Federal Register Volume 73, Number 64 (Wednesday, April 2, 2008)]
[Rules and Regulations]
[Pages 17924-17926]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-6813]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[EPA-R04-RCRA-2007-0992; FRL-8550-3]
Alabama: Final Authorization of State Hazardous Waste Management
Program Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Immediate Final Rule.
-----------------------------------------------------------------------
SUMMARY: Alabama 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
Alabama. In the ``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 June 2, 2008 unless
EPA receives adverse written comment on or before May 2, 2008. 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-2007-0992 by one of the following methods:
https://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, Permits and
State Programs Section, RCRA Programs and Materials Management Branch,
RCRA Division, U.S. Environmental Protection Agency, The Sam Nunn
Federal Center, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960.
Hand Delivery: Otis Johnson, Permits and State Programs
Section, RCRA Programs and Materials Management Branch, RCRA Division,
U.S. Environmental Protection Agency, The Sam Nunn Federal Center, 61
Forsyth Street, SW., Atlanta, Georgia 30303-8960. Such deliveries are
only accepted during the Docket'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-
2007-0992. 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 website 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
Alabama's application from 8 a.m. to 4:30 p.m. at the EPA Region 4,
RCRA Division, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960.
You may also view and copy Alabama's application from 8 a.m. to
4:30 p.m. at The Alabama Department of Environmental Management, 1400
Coliseum Blvd, Montgomery, Alabama 36110-2059.
FOR FURTHER INFORMATION CONTACT: Otis Johnson, Permits and State
Programs Section, RCRA Programs and Materials Management Branch, RCRA
Division, U.S. Environmental Protection Agency, The Sam Nunn Federal
Center, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960; (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 Alabama's application to revise its authorized
program meets all of the statutory and regulatory requirements
established by RCRA. Therefore, we grant Alabama Final authorization to
operate its hazardous waste program with the changes described in the
authorization application. Alabama has responsibility for permitting
Treatment, Storage, and Disposal Facilities (TSDF) within its borders
and for carrying out the aspects of the RCRA program described in its
revised program application, subject to
[[Page 17925]]
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 Alabama, 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 Alabama 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. Alabama 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 Alabama 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 Alabama Previously Been Authorized for?
Alabama initially received Final authorization on December 8, 1987,
effective December 22, 1987 (52 FR 46466), to implement the RCRA
hazardous waste management program. We granted authorization for
changes to their program on November 29, 1991, effective January 28,
1992 (56 FR 60926), May 13, 1992, effective July 12, 1992 (57 FR
20422), October 21, 1992, effective December 21, 1992 (57 FR 47996),
March 17, 1993, effective May 17, 1993 (58 FR 20422), September 24,
1993, effective November 23, 1993 (58 FR 49932), February 1, 1994,
effective April 4, 1994 (59 FR 4594), November 14, 1994, effective
January 13, 1995 (59 FR 56407), August 14, 1995, effective October 13,
1995 (60 FR 41818), February 14, 1996, effective April 15, 1996 (61 FR
5718), April 25, 1996, effective June 24, 1996 (61 FR 5718), November
21, 1997, effective February 10, 1998 (62 FR 62262), December 20, 2000,
effective February 20, 2001 (65 FR 79769), March 15, 2005, effective
May 16, 2005 (FR 70 12593), June 2, 2005, effective August 1, 2005 (70
FR 32247), and September 13, 2006, effective November 13, 2006 (71 FR
53989).
G. What Changes Are We Authorizing With This Action?
On July 20, 2007, Alabama submitted a final complete program
revision application, seeking authorization of their changes in
accordance with 40 CFR 271.21. Alabama's revision consists of
provisions promulgated July 1, 2004, through June 30, 2005, otherwise
known as RCRA Cluster XV. The Alabama Department of Environmental
Management adopted the rules for RCRA Cluster XV effective April 4,
2006. We can now make an immediate final decision, subject to receipt
of written comments that oppose this action, that Alabama's hazardous
waste program revision satisfies all of the requirements necessary to
qualify for Final authorization. Therefore, we grant Alabama Final
authorization for the following program changes:
------------------------------------------------------------------------
Description of federal Analogous state
requirement Federal Register authority
------------------------------------------------------------------------
Checklist 205, Hazardous Waste April 26, 2004 69 335-14-5-.28(1), 335-
Management System; National FR 22602-22661. 14-6-.28(1).
Emission Standards for
Hazardous Air Pollutants:
Surface Coating of
Automobiles and Light-Duty
Trucks.
Checklist 206, Hazardous February 24, 2005 335-14-2-.01(4)(b)15,
Waste--Non-wastewaters from 70 FR 9138-9180. 335-14-2-.04(3), 335-
Production of Dyes, Pigments, 14-2 Appendix VII,
and Food, Drug and Cosmetic VIII, 335-14-9-
Colorants; Mass Loadings- .03(1), 335-14-9-
Based Listing. .04(1).
------------------------------------------------------------------------
The Alabama Department of Environmental Management's Administrative
Code, Division 335-14 Hazardous Waste Program Regulations were
effective March 31, 2005.
H. Where Are the Revised Rules?
There are no State requirements in this program revision considered
to be more stringent or broader in scope than the Federal requirements.
I. Who Handles Permits After the Authorization Takes Effect?
Alabama 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
[[Page 17926]]
implement and issue permits for HSWA requirements for which Alabama is
not yet authorized.
J. What Is Codification and Is EPA Codifying Alabama'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 B, for this authorization of Alabama's
program changes until a later date.
K. Administrative Requirements
The Office of Management and Budget (OMB) has exempted this action
from the requirements of Executive Order 12866 (58 FR 51735, October 4,
1993), and therefore this action is not subject to review by OMB. This
action authorizes State requirements for the purpose of RCRA 3006 and
imposes no additional requirements beyond those imposed by State law.
Accordingly, I certify that this action will not have a significant
economic impact on a substantial number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this action
authorizes pre-existing requirements under State law and does not
impose any additional enforceable duty beyond that required by State
law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4). 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 State, 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 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 June 2, 2008.
List of Subjects in 40 CFR Part 271
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous waste, Hazardous waste
transportation, 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: January 22, 2008.
J. I. Palmer, Jr.,
Regional Administrator, Region 4.
[FR Doc. E8-6813 Filed 4-1-08; 8:45 am]
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