Alabama: Final Authorization of State Hazardous Waste Management Program Revision, 17924-17926 [E8-6813]

Download as PDF 17924 * * Federal Register / Vol. 73, No. 64 / Wednesday, April 2, 2008 / Rules and Regulations * * * [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) mstockstill on PROD1PC66 with RULES DATES: VerDate Aug<31>2005 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 PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 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 E:\FR\FM\02APR1.SGM 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 mstockstill on PROD1PC66 with RULES 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? PO 00000 17925 Frm 00045 Fmt 4700 Sfmt 4700 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 E:\FR\FM\02APR1.SGM 02APR1 17926 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 VerDate Aug<31>2005 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, PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 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, E:\FR\FM\02APR1.SGM 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]
BILLING CODE 6560-50-P
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