Minnesota: Final Authorization of State Hazardous Waste Management Program Revision, 2618-2625 [2011-749]
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Federal Register / Vol. 76, No. 10 / Friday, January 14, 2011 / Proposed Rules
Comments must be
identified with ‘‘RIN 1219–AB64’’ and
may be sent by any of the following
methods:
(1) Federal e-Rulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments.
(2) Electronic mail: zzMSHAcomments@dol.gov. Include ‘‘RIN 1219–
AB64’’ in the subject line of the message.
(3) Facsimile: 202–693–9441. Include
‘‘RIN 1219–AB64’’ in the subject line of
the message.
(4) Regular Mail: MSHA, Office of
Standards, Regulations, and Variances,
1100 Wilson Boulevard, Room 2350,
Arlington, Virginia 22209–3939.
(5) Hand Delivery or Courier: MSHA,
Office of Standards, Regulations, and
Variances, 1100 Wilson Boulevard,
Room 2350, Arlington, Virginia. Sign in
at the receptionist’s desk on the 21st
floor.
MSHA will post all comments on the
Internet without change, including any
personal information provided.
Comments can be accessed
electronically at https://www.msha.gov
under the ‘‘Rules & Regs’’ link.
Comments may also be reviewed in
person at the Office of Standards,
Regulations, and Variances, 1100
Wilson Boulevard, Room 2350,
Arlington, Virginia. Sign in at the
receptionist’s desk on the 21st floor.
MSHA maintains a list that enables
subscribers to receive e-mail notification
when the Agency publishes rulemaking
documents in the Federal Register. To
subscribe, go to https://www.msha.gov/
subscriptions/subscribe.aspx.
ADDRESSES:
Request for Comments
MSHA solicits comments from the
mining community on all aspects of the
proposed rule.
MSHA is interested in commenters’
views on what actions should be taken
by MSHA and the mine operator when
a single shift respirable dust sample
meets or exceeds the Excessive
Concentration Value (ECV). In this
situation, if operators use a CPDM, what
alternative actions to those contained in
the proposed rule would you suggest
that MSHA and the operator take?
MSHA is particularly interested in
alternatives to those in the proposal and
how such alternatives would be
protective of miners.
Clarification
A commenter at the first public
hearing suggested that the timeframe for
miners’ review of the Continuous
Personal Dust Monitor (CPDM)
Performance Plan be expanded. For
clarification, MSHA, in developing the
proposed rule, relied on the timeframe
and process in the existing requirements
for mine ventilation plans. In the
proposal, MSHA did not intend to
change the existing timeframe and
process and stated that the proposed
rule is consistent with ventilation plan
requirements and would allow miners’
representatives the opportunity to
meaningfully participate in the process.
Dated: January 10, 2011.
Joseph A. Main,
Assistant Secretary of Labor for Mine Safety
and Health.
[FR Doc. 2011–704 Filed 1–11–11; 11:15 am]
BILLING CODE 4510–43–P
FOR FURTHER INFORMATION CONTACT:
Roslyn B. Fontaine, Acting Director,
Office of Standards, Regulations and
Variances, MSHA, at
Fontaine.Roslyn@dol.gov (E-mail), (202)
693–9440 (Voice), or (202) 693–9441
(Fax).
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 271
[EPA–R05–RCRA–2010–0738; FRL–9253–1]
Extension of Comment Period
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SUPPLEMENTARY INFORMATION:
Minnesota: Final Authorization of State
Hazardous Waste Management
Program Revision
On October 19, 2010 (75 FR 64412),
MSHA published a proposed rule,
Lowering Miners’ Exposure to
Respirable Coal Mine Dust, Including
Continuous Personal Dust Monitors. In
response to requests from interested
parties, MSHA is extending the
comment period from February 28,
2011, to May 2, 2011. In support of their
requests, commenters noted the
comprehensive, extensive nature of the
proposal. All comments and supporting
documentation must be received or
postmarked by May 2, 2011.
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Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
Minnesota has applied to EPA
for final authorization of the changes to
its hazardous waste program under the
Resource Conservation and Recovery
Act (RCRA). EPA has reviewed
Minnesota’s application with regards to
Federal requirements, and is proposing
to authorize the State’s changes.
SUMMARY:
PO 00000
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Comments on this proposed rule
must be received on or before February
14, 2011.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
RCRA–2010–0738 by one of the
following methods:
https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
E-mail: westefer.gary@epa.gov.
Mail: Gary Westefer, Minnesota
Regulatory Specialist, LR–8J, U.S. EPA,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604.
Instructions: Direct your comments to
Docket ID Number EPA–R05–RCRA–
2010–0738. EPA’s policy is that all
comments received will be included in
the public docket without change and
may be made available online at
https://www.regulations.gov, including
any personal information provided,
unless the comment includes
information claimed to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Do not submit
information that you consider to be CBI
or otherwise protected through https://
www.regulations.gov or e-mail. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through https://
www.regulations.gov your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters or 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.epagov/epahome/dockets.htm.
Docket: All documents in the docket
are listed in the https://
www.regulations.gov index. Although
listed in the index, some of the
information is not publicly available,
e.g., CBI or other information for which
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
DATES:
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Federal Register / Vol. 76, No. 10 / Friday, January 14, 2011 / Proposed Rules
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 Minnesota’s
application from 9 a.m. to 4 p.m. at the
following addresses: U.S. EPA Region 5,
LR–8J, 77 West Jackson Boulevard,
Chicago, Illinois, contact: Gary Westefer
(312) 886–7450; or Minnesota Pollution
Control Agency, 520 Lafayette Road,
North, St. Paul, Minnesota 55515,
contact: Nathan Cooley (651) 757–2290.
FOR FURTHER INFORMATION CONTACT: Gary
Westefer, Minnesota Regulatory
Specialist, U.S. EPA Region 5, LR–8J, 77
West Jackson Boulevard, Chicago,
Illinois 60604, (312) 886–7450, e-mail
westefer.gary@epa.gov.
SUPPLEMENTARY INFORMATION:
application. Minnesota has
responsibility for permitting treatment,
storage, and disposal facilities (TSDFs)
within its borders (except in Indian
Country) and for carrying out the
aspects of the RCRA program described
in its revised program application,
subject to the limitations of the
Hazardous and Solid Waste
Amendments of 1984 (HSWA). New
Federal requirements and prohibitions
imposed by Federal regulations that
EPA promulgates under the authority of
HSWA take effect in authorized States
before they are authorized for the
requirements. Thus, EPA will
implement those requirements and
prohibitions in Minnesota, including
issuing permits, until the State is
granted authorization to do so.
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 request 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.
C. What is the effect of this
authorization decision?
B. What decisions have we made in this
rule?
We conclude that Minnesota’s
application to revise its authorized
program meets all of the statutory and
regulatory requirements established by
RCRA. Therefore, we propose to grant
Minnesota final authorization to operate
its hazardous waste program with the
changes described in the authorization
The effect of this decision, once
finalized, is that a facility in Minnesota
subject to RCRA would have to comply
with the authorized State requirements
instead of the equivalent Federal
requirements in order to comply with
RCRA. Minnesota has enforcement
responsibilities under its State
hazardous waste program for RCRA
violations, but EPA retains its authority
under RCRA sections 3007, 3008, 3013,
and 7003, which include, among others,
authority to:
1. Do inspections, and require
monitoring, tests, analyses or reports;
and
1. Enforce RCRA requirements and
suspend or revoke permits.
This action will not impose additional
requirements on the regulated
community because the regulations for
which Minnesota is being authorized
are already effective, and will not be
changed by EPA’s final action.
D. What happens if EPA receives
adverse comments on this action?
If EPA receives adverse comments on
this authorization, we will address all
2619
public comments in a later Federal
Register. You may not have another
opportunity to comment. If you want to
comment on this authorization, you
must do so at this time.
E. What has Minnesota previously been
authorized for?
Minnesota initially received Final
(base) authorization on January 28,
1985, effective February 11, 1985 (50 FR
3756) to implement the RCRA
hazardous waste management program.
We granted authorization for changes to
Minnesota’s program on July 20, 1987,
effective September 18, 1987 (52 FR
27199); on April 24, 1989, effective June
23, 1989 (54 FR 16361) amended June
28, 1989 (54 FR 27170); on June 15,
1990, effective August 14, 1990 (55 FR
24232); on June 24, 1991, effective
August 23, 1991 (56 FR 28709); on
March 19, 1992, effective May 18, 1992
(57 FR 9501); on March 17, 1993,
effective May 17, 1993 (58 FR 14321);
on January 20, 1994, effective March 21,
1994 (59 FR 2998); and on May 25,
2000, effective August 23, 2000 (65 FR
33774). Minnesota also received
authorization for the U.S. Filter
Recovery Services Project XL on May
22, 2001, effective May 22, 2001 (66 FR
28085), and for the Joint Powers
Agreement with Hennepin County on
October 23, 2008 (73 FR 63074),
effective October 23, 2008.
F. What changes are we proposing with
today’s action?
On June 2, 2010, Minnesota submitted
a final complete program revision
application, seeking authorization of
their changes in accordance with 40
CFR 271.21. We are now proposing to
authorize, subject to receipt of written
comments that oppose this action,
Minnesota’s hazardous waste program
revision. We propose to grant Minnesota
final authorization for the following
program changes:
MINNESOTA’S ANALOGS TO THE FEDERAL REQUIREMENTS
Federal Register date and
page
(and/or RCRA statutory
authority)
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Description of Federal requirement
(include checklist No., if relevant)
Land Disposal Restrictions for Electric Arc Furnace Dust
(K061) Checklist 95.
Liners and Leak Detection Systems for Hazardous
Waste Land Disposal Units Checklist 100.
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PO 00000
August 19, 1991, 56 FR
41164.
January 29, 1992, 57 FR
3462.
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Analogous State authority
MR 7045.0125,4,K; 7045.0214,3,E; 7045.1390; Effective June 22, 2009.
MR 7001.0150; 7001.0590; 7001.0600; 7001.0620;
7001.0720; MR 7045.0219; 7045.0220; 7045.0452;
7045.0461;
7045.0478;
7045.0532(3),(4),(5),(7);
7045.0534;
7045.0534(4),(5),(6);
7045.0538;
7045.0538(4),(5);
7045.0556;
7045.0556(8);
7045.0584; 7045.0630; 7045.0630(5),(6); 7045.0632;
7045.0632(4),(8),(9); 7045.0638; 7045.0638(2); Effective June 22, 2009.
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MINNESOTA’S ANALOGS TO THE FEDERAL REQUIREMENTS—Continued
Federal Register date and
page
(and/or RCRA statutory
authority)
Analogous State authority
Hazardous Waste Management System; Identification
and Listing of Hazardous Waste; Toxicity Characteristic; Corrections Checklist 108.
Land Disposal Restrictions for Newly Listed Wastes and
Hazardous Debris Checklist 109.
July 10, 1992, 57 FR 30657
MR 7045.0075; 7045.0100; 7045.0102; 7045.0120;
7045.0121; 7045.0638; Effective June 22, 2009.
August 18, 1992, 57 FR
37194.
Identification and Listing of Hazardous Waste; CERCLA
Hazardous Designation; Reportable Quantity Adjustment; Coke By-Product Wastes Checklist 110.
Consolidated Liability Requirements:
Financial Responsibility for Third Party Liability, Closure and Post-Closure Checklist 113.
August 18, 1992, 57 FR
37284.
MR 7001.0550(K); 7001.0560(B); 7001.0650(5)(F)(6);
MR
7045.0219;
7045.0214(3)(E),(F),(G);
7045.0292(1)(B); 7045.0490(1)(D); 7045.0486(2),(3);
7045.0498(1)(D);
7045.0502(1);
7045.0551;
7045.0594(1);
7045.0600(1),(2);
7045.0608(1);
7045.0610(1); 7045.0630(2); 7045.0651; 7045.1390;
Effective June 22, 2009.
MR 7045.0125(4)(F); 7045.0135(1a),(C),(M); Effective
June 22, 2009.
Standards Applicable to Owners and Operators of
Hazardous Waste Treatment, Storage, and Disposal Facilities; Liability Coverage Checklist 113.1.
Liability Requirements; Technical Amendment
Checklist 113.2.
Hazardous Waste Management System; Identification
and Listing of Hazardous Waste and CERCLA Hazardous Designation; Reportable Quantity Adjustment;
Chlorinated Toluenes Production Wastes Checklist
115.
Hazardous Waste Management System; Land Disposal
Restrictions; Case-By-Case Capacity Variance Checklist 116.
Hazardous Waste Management System; Definition of
Hazardous Waste; Mixture and Derived-From Rules
Checklist 117B.
Hazardous Waste Management; Liquids in Landfills II
Checklist 118.
September 1, 1988, 53 FR
33938.
Corrective Action Management Units and Temporary
Units; Corrective Action Units Under Subtitle C Checklist 121.
Land Disposal Restrictions; Renewal of the Hazardous
Waste Debris Case-By-Case Capacity Variance
Checklist 123.
Land Disposal Restrictions for Ignitable and Corrosive
Characteristic Wastes Whose Treatment Standards
Were Vacated Checklist 124.
Hazardous Waste Management System; Testing and
Monitoring Activities Checklist 126 as amended.
February 16, 1993, 58 FR
8658.
Checklist 126.1 .................................................................
September 19, 1994, 59 FR
47980.
January 4, 1994, 59 FR
458.
MR 7045.0065; 7045.0135(1a)(N); Effective June 22,
2009.
March 24, 1994, 59 FR
13891.
June 2, 1994, 59 FR 28484
MR
7045.0543(1)(A);
7045.0643(1)(A);
7045.0645(1)(A); Effective June 22, 2009.
MR 7045.0065(1); Effective June 22, 2009.
June 20, 1994, 59 FR
31551.
August 24, 1994, 59 FR
43496.
MR 7045.0135(1a)(D),(N); 7045.1390; Effective June
22, 2009.
MR 7045.0665(1)(B); 7045.1390; Effective June 22,
2009.
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Description of Federal requirement
(include checklist No., if relevant)
Hazardous Waste Management System; Identification
and Listing of Hazardous Waste; Wastes From Wood
Surface Protection Checklist 128.
Recordkeeping Instructions; Technical Amendment
Checklist 131.
Hazardous Waste Management System; Identification
and Listing of Hazardous Waste; Wastes from Wood
Surface Protection; Correction Checklist 132.
Hazardous Waste Management System; Correction of
Listing of P015—Beryllium Powder Checklist 134.
Standards for the Management of Specific Hazardous
Wastes; Amendment to Subpart C—Recyclable Materials Used in a Manner Constituting Disposal; Final
Rule Checklist 136.
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PO 00000
September 16, 1992, 57 FR
42832.
MR 7045.0504(7)(L),(M); 7045.0518; 7045.0524;
7045.0608(2); 7045.0614; 7045.0620; Effective June
22, 2009.
July 1, 1991, 56 FR 30200.
October 15, 1992, 57 FR
47376.
MR 7045.0135(1a)(C),(M); Effective June 22, 2009.
October 20, 1992, 57 FR
47772.
MR 7045.1390; Effective June 22, 2009.
June 1, 1992, 57 FR 23062
MR 7045.0102(2); Effective June 22, 2009.
November 18, 1992, 57 FR
54452.
MR
7045.0020(84a);
7045.0458(2)(G)(3);
7045.0538(10),(12);
7045.0564(2)(G)(3);
7045.0638(7),(9); Effective June 22, 2009.
MR 7001.0510; 7001.0720; 7045.0020; 7045.0219;
7045.0220; 7045.0485; 7045.0545; 7045.0552; Effective October 2, 1995.
MR 7045.1390; Effective June 22, 2009.
May 14, 1993, 58 FR
28506.
May 24, 1993, 58 FR
29860.
MR 7045.0450(3)(E); 7045.0552(3)(F); 7045.1390; Effective June 22, 2009.
August 31, 1993, 58 FR
46040.
MR 7001.0510; 7045.0630(C); 7001.0700(3)(A)(3–5);
MR
7045.0065(1);
7045.0075(2)(E)(1)(a);
7045.0131(4)(A),(B); 7045.0131(7)(A); 7045.0135(1);
7045.0528(1)(A); 7045.0538(10)(C); 7045.0628(1)(A);
7045.0638(7)(B); 7045.1390; Effective June 22,
2009.
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MINNESOTA’S ANALOGS TO THE FEDERAL REQUIREMENTS—Continued
Federal Register date and
page
(and/or RCRA statutory
authority)
Description of Federal requirement
(include checklist No., if relevant)
Land Disposal Restrictions Phase II—Universal Treatment Standards, and Treatment Standards for Organic
Toxicity Characteristic Wastes and Newly Listed
Wastes.
Checklist 137 as amended ...............................................
Checklist 137.1.
Universal Waste Rule: General Provisions Checklist
142A.
Universal Waste Rule: Specific Provisions for Batteries
Checklist 142B.
Universal Waste Rule: Specific Provisions for Pesticides
Checklist 142C.
Universal Waste Rule: Specific Provisions for Thermostats Checklist 142D.
Universal Waste Rule: Provisions for Petitions to Add a
New Universal Waste Checklist 142E.
Land Disposal Restrictions Phase III—Decharacterized
Wastewaters, Carbamate Wastes, and Spent Potliners
Checklist 151 as amended.
Checklist 151.1 as amended ............................................
Checklist 151.2 as amended ............................................
Checklist 151.3 as amended ............................................
Checklist 151.4 as amended ............................................
Checklist 151.5 as amended ............................................
Checklist 151.6 .................................................................
Imports and Exports of Hazardous Waste: Implementation of OECD Council Decision C(92)39 Concerning
the Control of Transfrontier Movements of Wastes
Destined for Recovery Operations Checklist 152.
Criteria for Classification of Solid Waste Disposal Facilities and Practices; Identification and Listing of Hazardous Waste; Requirements for Authorization of
State Hazardous Waste Programs Checklist 153.
Hazardous Waste Treatment, Storage and Disposal Facilities and Hazardous Waste Generators; Organic Air
Emissions Standards for Tanks, Surface Impoundments, and Containers Checklist 154 as amended.
Checklist 154.1 as amended ............................................
Checklist 154.2 as amended ............................................
Checklist 154.3 as amended ............................................
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Checklist 154.4 as amended ............................................
Checklist 154.5 as amended ............................................
Checklist 154.6 .................................................................
Land Disposal Restrictions Phase III—Emergency Extension of the K088 Capacity Variance Checklist 155.
Land Disposal Restrictions Phase IV; Treatment Standards for Wood Preserving Wastes, Paperwork Reduction and Streamlining, Exemptions From RCRA for
Certain Processed Materials; and Miscellaneous Hazardous Waste Provisions Checklist 157.
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September 19, 1994, 59 FR
47982.
Analogous State authority
MR
7045.0075(3),(4)
MR7045.0450(3)(E);
7045.0552(3)(F); 7045.0665(4)(B); 7045.1390 Minnesota Stat. 116.06(11) 3745–266–106; 3745–266–
107; Effective June 22, 2009.
January 3, 1995, 60 FR
242.
May 11, 1995, 60 FR
25492.
May 11, 1995, 60 FR
25492.
May 11, 1995, 60 FR
25492.
May 11, 1995, 60 FR
25492.
May 11, 1995, 60 FR
25492.
April 8, 1996, 61 FR 15566
MR 7001.0520(2)(N); MR 7045.0020; 7045.0120(2)(E);
7045.0206(5)(G); 7045.0208(1)(G); 7045.0214(1);
7045.0450(3)(L); 7045.1400; Effective July 25, 2005.
MR 7045.0685(1); 7045.1400; Effective July 25, 2005.
MR 7045.1400; Effective July 25, 2005.
MR 7045.1400; Effective July 25, 1995.
MR 7045.1400; Effective July 25, 2005.
MR 7045.1390; Effective June 22, 2009.
April 8, 1996, 61 FR 15566.
April 30, 1996, 61 FR
19117.
June 28, 1996, 61 FR
33680.
July 10, 1996, 61 FR 36419.
August 26, 1996, 61 FR
43924.
February 19, 1997, 62 FR
7502.
April 12, 1996, 61 FR
MR
7045.0125;
7045.0211;
7045.0213;
16290.
7045.0302(2),(4),(6);
7045.0351;
7045.0355;
7045.0375; 7045.0452; 7045.0474; 7045.0556;
7045.0578; 7045.0675; 7045.1400; Effective June 22,
2009.
July 1, 1996, 61 FR 34252
MR 7045.0219; Effective June 22, 2009.
November 25, 1996, 61 FR
59931.
MR
7001.0150(3)(P)(3),(4);
7001.0560(E);
7001.0570(G);
7001.0580(K);
7001.0590(N);
7001.0635;
MR
7045.0065(1);
7045.0125(9);
7045.0292;
7045.0452(5)(C);
7045.0458(2);
7045.0478(3);
7045.0482(4)(C);
7045.0526(10);
7045.0528(12);
7045.0532(11);
7045.0539(2);
7045.0547; 7045.0548; 7045.0549; 7045.0564(2);
7045.0556(5)(C); 7045.0584(3); 7045.0588(4)(D);
7045.0626(9);
7045.0628(13);
7045.0630(9);
7045.0647; 7045.0648;7045.0649; Effective June 22,
2009.
December 6, 1994, 59 FR
62896.
May 19, 1995, 60 FR
26828.
September 29, 1995, 60 FR
50426.
November 13, 1995, 60 FR
56952.
February 9, 1996, 61 FR
4903.
June 5, 1996, 61 FR 28508.
January 14, 1997, 62 FR
MR 7045.1390; Effective June 22, 2009.
1992.
May 12, 1997, 62 FR
MR 7045.0020; 7045.0120(2)(E),(F); 7045.0125(4)(C);
25998.
7045.1390; Minnesota Stat. 116.06(11); Effective
June 22, 2009.
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Federal Register / Vol. 76, No. 10 / Friday, January 14, 2011 / Proposed Rules
MINNESOTA’S ANALOGS TO THE FEDERAL REQUIREMENTS—Continued
Federal Register date and
page
(and/or RCRA statutory
authority)
mstockstill on DSKH9S0YB1PROD with PROPOSALS
Description of Federal requirement
(include checklist No., if relevant)
Hazardous Waste Management System; Carbamate
Production, Identification and Listing of Hazardous
Waste; Land Disposal Restrictions Checklist 159.
Land Disposal Restrictions Phase III—Emergency Extension of the K088 National Capacity Variance,
Amendment Checklist 160.
Second Emergency Revision of the Land Disposal Restrictions (LDR) Treatment Standards for Listed Hazardous Wastes From Carbamate Production Checklist
161.
Classification of Standards for Hazardous Waste Land
Disposal Restriction Treatment Variances Checklist
162.
Hazardous Waste Treatment, Storage and Disposal Facilities and Hazardous Waste Generators; Organic Air
Emissions Standards for Tanks, Surface Impoundments, and Containers; Clarification and Technical
Amendment Checklist 163.
Land Disposal Restrictions Phase IV; Treatment Standards for Metal Wastes and Mineral Processing Wastes
Checklist 167A.
Land Disposal Restrictions Phase IV; Hazardous Soils
Treatment Standards and Exclusions Checklist 167B.
Land Disposal Restrictions Phase IV; Corrections
Checklist 167C as amended.
Checklist 167C.1 ...............................................................
Minerals Processing Secondary Materials Exclusion
Checklist 167D.
Bevill Exclusion Revisions and Clarification Checklist
167E.
Exclusion of Recycled Wood Preserving Wastewaters
Checklist 167F.
Hazardous Waste Combustors; Revised Standards;
Final Rule-Part 1–RCRA Comparable Fuel Exclusion;
Permit Modifications for Hazardous Waste Combustion Units; Notification of Intent to Comply; Waste
Minimization and Pollution Prevention Criteria for
Compliance Extensions Checklist 168.
Hazardous Waste Management System; Identification
and Listing of Hazardous Waste; Petroleum Refining
Process Wastes; Land Disposal Restrictions for Newly
Identified Wastes; and CERCLA Hazardous Substance Designation and Reportable Quantities Checklist 169.
Hazardous Waste Recycling; Land Disposal Restrictions
Phase IV Zinc Micronutrient Fertilizers, Administrative
Stay Checklist 170.
Emergency Revisions of the Land Disposal Restrictions
(LDR) Treatment Standards for Listed Hazardous
Wastes From Carbamate Production Checklist 171.
Characteristic Slags Generated From Thermal Recovery
of Lead by Secondary Lead Smelters; Land Disposal
Restrictions; Final Rule; Extension of Compliance
Date Checklist 172.
Land Disposal Restrictions (LDR) Treatment Standards
for Spent Potliners from Primary Aluminum Reduction
(K088) Checklist 173.
Standards Applicable to Owners and Operators of
Closed and Closing Hazardous Waste Management
Facilities: Post-Closure Permit Requirement and Closure Process; Final rule Checklist 174.
Hazardous Remediation Waste Management Requirements (HWIR–Media) Checklist 175.
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Analogous State authority
June 17, 1997, 62 FR
32974.
MR 7045.0135; 7045.1390; Effective June 22, 2009.
July 14, 1997, 62 FR 37694
MR 7045.1390; Effective June 22, 2009.
August 28, 1997, 62 FR
45568.
MR 7045.1390; Effective June 22, 2009.
December 5, 1997, 62 FR
64504.
MR 7045.1390; Effective June 22, 2009.
December 8, 1997, 62 FR
64636.
MR
7001.0560(E);
MR
7045.0452(5)(C);
7045.0478(3)(H); 7045.0547; 7045.0548; 7045.0549;
7045.0556(4)(C); 7045.0584(3)(H); 7045.0643(1)(F);
7045.0647; 7045.0648; 7045.0649; Effective June 22,
2009.
MR 7045.1390; Effective June 22, 2009.
May 26, 1998, 63 FR
28556.
May 26, 1998, 63 FR
28556.
May 26, 1998, 63 FR
28556.
June 8, 1998, 63 FR 31266.
May 26, 1998, 63 FR
28556.
May 26, 1998, 63 FR
28556.
May 26, 1998, 63 FR
28556.
June 19, 1998, 63 FR
33782.
MR 7045.1390; Effective June 22, 2009.
August 6, 1998, 63 FR
42110.
MR 7045.0075; 7045.0100; 7045.0102; 7045.0120;
7045.0121; 7045.0124; 7045.0125; 7045.0135(2),(3);
7045.0141; 7045.1390; Effective June 22, 2009.
August 31, 1998, 63 FR
46332.
MR 7045.1390; Effective June 22, 2009.
September 4, 1998, 63 FR
47409.
MR 7045.1390; Effective June 22, 2009.
September 9, 1998, 63 FR
48124.
MR 7045.1390; Effective June 22, 2009.
September 24, 1998, 63 FR
51254.
MR 7045.1390; Effective June 22, 2009.
October 22, 1998, 63 FR
56710.
MR 7001.0500; 7001.0520; 7001.0560; 7001.0640; MR
7045.0060; 7045.484(1); 7045.486; 7045.0490;
7045.0498;
7045.0590;
7045.0594;
7045.600;
7045.0602(2); 7045.0608(1); 7045.628; 7045.0630;
7045.0670(2); Effective February 14, 2005.
MR 7001.0060; 7001.0070; 7001.0190; 7001.0510;
7001.0720;
7001.0650(7);
MR
7045.0020;
7045.0075; 7045.0100; 7045.0102; 7045.0120;
7045.0121; 7045.0219; 7045.0220; 7045.0450;
7045.0478; 7045.0485; 7045.0545; 7045.0552;
7045.1390; Effective February 14, 2005.
November 30, 1998, 63 FR
65874.
Frm 00018
Fmt 4702
Sfmt 4702
MR 7045.1390; Effective June 22, 2009.
MR 7045.1390; Effective June 22, 2009.
MR 7045.0102(2)(H),(I); 7045.0120(1)(I); Effective June
22, 2009.
MR 7045.0120(1)(T); Effective June 22, 2009.
MR
7001.0650(5)(F)(7);
7001.0730(6);
7045.0120(2)(E); Effective June 1, 2004.
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Federal Register / Vol. 76, No. 10 / Friday, January 14, 2011 / Proposed Rules
2623
MINNESOTA’S ANALOGS TO THE FEDERAL REQUIREMENTS—Continued
Federal Register date and
page
(and/or RCRA statutory
authority)
Description of Federal requirement
(include checklist No., if relevant)
mstockstill on DSKH9S0YB1PROD with PROPOSALS
Universal Waste Rule—Technical Amendments Checklist 176.
Hazardous Waste Treatment, Storage and Disposal Facilities and Hazardous Waste Generators; Organic Air
Emissions Standards for Tanks, Surface Impoundments, and Containers Checklist 177.
Land Disposal Restrictions Phase IV: Treatment Standards for Wood Preserving Wastes, Treatment Standards for Metal Wastes, Zinc Micronutrient Fertilizers,
Carbamate Treatment Standards, and K088 Treatment Standards Checklist 179.
Hazardous Waste Management System; Modification of
the Hazardous Waste Program; Hazardous Waste
Lamps; Final Rule Checklist 181.
Land Disposal Restrictions Phase IV: Final Rule Promulgating Treatment Standards for Metal Wastes, and
Mineral Processing Wastes; Mineral Processing Secondary Materials and Bevill Exclusion Issues; Treatment Standards for Hazardous Soils, and Exclusion of
Recycled Wood Preserving Wastewaters Checklist
183.
Organobromine Production Wastes; Identification and
Listing of Hazardous Waste; Land Disposal Restrictions; Listing of CERCLA Hazardous Substances, Reportable Quantities Checklist 185.
Organobromine Production Wastes; Petroleum Refining
Wastes; Land Disposal Restrictions; Checklist 187.
Hazardous Waste Management System; Identification
and Listing of Hazardous Waste; Chlorinated
Aliphatics Production Wastes; and CERCLA Hazardous Substance Designation and Reportable Quantities Checklist 189.
Deferral of Phase IV Standards for PCBs as a Constituent Subject to Treatment in Soil Checklist 190.
Hazardous Waste Identification Rule (HWIR); Revisions
to the Mixture and Derived From Rules Checklist
192A.
Hazardous Waste Identification Rule (HWIR); Land Disposal Restrictions Correction Checklist 192B.
Corrections to the Hazardous Waste Identification Rule
(HWIR); Revisions to the Mixture and Derived From
Rules (Revision II) Checklist 194.
Amendments to the Corrective Action Management Unit
Rule Checklist 196.
Hazardous Waste Management System; Definition of
Solid Waste; Toxicity Characteristic; Vacatur of Mineral Processing Spent Materials Being Reclaimed as
Solid Wastes and TCLP Use with MGP Waste Checklist 199.
Land Disposal Restrictions; National Treatment Variance
to Designate New Treatment Subcategories for Radioactively Contaminated Cadmium-, Mercury-, and Silver-Containing Batteries Checklist 201.
Hazardous Waste Management System; Identification
and Listing of Hazardous Waste; Amendment to Hazardous Waste Code F019 Checklist 218.
G. Which revised State rules are
different from the Federal rules?
Minnesota has excluded the nondelegable Federal requirements at 40
CFR 268.5, 268.6, 268.42(b), 268.44, and
270.3. EPA will continue to implement
those requirements. In this action,
Minnesota has chosen to remain more
stringent in the Hazardous Remediation
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Analogous State authority
December 24, 1998, 63 FR
71225.
January 21, 1999, 64 FR
3381.
MR 7045.0685; 7045.1400; Effective July 25, 2005.
May 11, 1999, 64 FR
25408.
Minnesota Stat. 166.06(11); MR 7045.0120(1);
7045.0292(5)(G); 7045.1390; Effective June 22,
2009.
July 6, 1999, 64 FR 36466
MR 7001.0500; 7001.0520; MR 7045.0219; 7045.0220;
7045.0450; 7045.0552; 7045.1300; 7045.1400; Effective July 25, 2005.
MR 7045.0135(1)(C); 7045.0292(1)(G); 7045.1390; Effective June 22, 2009.
October 20, 1999, 64 FR
56469.
MR 7045.0547; 7045.0549; 7045.0649; Effective June
22, 2009.
March 17, 2000, 65 FR
14472.
MR 7045.0135(1); 7045.1390; Effective June 22, 2009.
June 8, 2000, 65 FR 36365
MR 7045.0135(1)(B); 7045.1390; Effective June 22,
2009.
MR 7045.0135(1); 7045.1390; Effective June 22, 2009.
November 8, 2000, 65 FR
67068.
December 26, 2000, 65 FR
81373.
May 16, 2001, 66 FR
27266.
MR 7045.1390; Effective June 22, 2009.
May 16, 2001, 66 FR
27266.
October 3, 2001, 66 FR
50332.
MR 7045.1390; Effective June 22, 2009.
January 22, 2002, 67 FR
2962.
March 13, 2002, 67 FR
11251.
MR
7045.0020;
7045.0545(1)(a);
7045.0547(1);
7045.0548(1); Effective February 14, 2005.
Minnesota Stat. 116.06(11); MR 7045.0120(1)(X);
7045.0131(7); Effective June 22, 2009.
October 7, 2002, 67 FR
62618.
MR 7045.1390; Effective June 22, 2009.
June 4, 2008, 73 FR 31756
MR 7045.0135; Effective June 22, 2009.
MR 7045.0102(2); 7045.0214(3)(A); Effective June 22,
2009.
MR 7045.0102; 7045.0124; Effective June 22, 2009.
Waste Management Requirements,
(Checklist 175 above) by choosing not to
adopt 40 CFR 270.79 through 270.230
which allow for Remedial Action Plans
(RAP). The RAP is considered to be less
stringent. Minnesota is more stringent in
checklist 108, as it does not recognize
the list of excluded processes, nor does
it have provision to waive the double
PO 00000
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Fmt 4702
Sfmt 4702
liner requirement in 40 CFR 265.301(d).
In rule revision (Checklist) 118,
Minnesota does not allow any liquids in
landfills even as provided for in 40 CFR
264.314. In rule revision (Checklist) 142,
Minnesota does not contain a provision
to add a Universal Waste under 40 CFR
273.80 or 260.23.
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H. Who handles permits after the
authorization takes effect?
Minnesota 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 Minnesota is
not yet authorized.
I. How does today’s action affect Indian
Country (18 U.S.C. 1151) in Minnesota?
Minnesota is not authorized to carry
out its hazardous waste program in
‘‘Indian Country,’’ as defined in 18
U.S.C. 1151. Indian Country includes:
1. All lands within the exterior
boundaries of Indian Reservations
within or abutting the State of
Minnesota, including:
a. Bois Forte Indian Reservation
b. Fond Du Lac Indian Reservation
c. Grand Portage Indian Reservation
d. Leech Lake Indian Reservation
e. Lower Sioux Indian Reservation
f. Mille Lacs Indian Reservation
g. Prairie Island Indian Reservation
h. Red Lake Indian Reservation
i. Shakopee Mdewankanton Indian
Reservation
j. Upper Sioux Indian Reservation
k. White Earth Indian Reservation
2. Any land held in trust by the U.S.
for an Indian tribe; and
3. Any other land, whether on or off
an Indian reservation that qualifies as
Indian Country.
Therefore, EPA retains the authority to
implement and administer the RCRA
program in Indian Country.
mstockstill on DSKH9S0YB1PROD with PROPOSALS
J. What is codification and is EPA
codifying Minnesota’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. Minnesota’s rules, up
to and including those revised June 7,
1991, as corrected August 19, 1991,
have previously been codified through
incorporation by reference effective
February 4, 1992 (57 FR 4162) .
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16:43 Jan 13, 2011
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K. Statutory and Executive Order
Reviews
This proposed rule only authorizes
hazardous waste requirements pursuant
to RCRA 3006 and imposes no
requirements other than those imposed
by State law (see SUPPLEMENTARY
INFORMATION, Section A. Why are
Revisions to State Programs Necessary?).
Therefore this rule complies with
applicable executive orders and
statutory provisions as follows:
1. Executive Order 18266: Regulatory
Planning Review
The Office of Management and Budget
has exempted this rule from its review
under Executive Order 12866 (58 FR
51735, October 4, 1993).
2. Paperwork Reduction Act
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.).
3. Regulatory Flexibility Act
This rule authorizes State
requirements for the purpose of RCRA
3006 and imposes no additional
requirements beyond those required by
State law. Accordingly, I certify that this
rule 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.).
4. Unfunded Mandates Reform Act
Because this rule approves preexisting 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).
5. Executive Order 13132: Federalism
Executive Order 13132 (64 FR 43255,
August 10, 1999) does not apply to this
rule because it will not have federalism
implications (i.e., 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).
6. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
Executive Order 13175 (65 FR 67249,
November 9, 2000) does not apply to
this rule because it will not have tribal
implications (i.e., substantial direct
effects on one or more Indian tribes, or
on the relationship between the Federal
PO 00000
Frm 00020
Fmt 4702
Sfmt 4702
Government and Indian tribes, or on the
distribution of power and
responsibilities between the Federal
Government and Indian tribes.)
7. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
This rule is not subject to Executive
Order 13045 (62 FR 19885, April 23,
1997), because it is not economically
significant as defined in Executive
Order 12866 and because the EPA does
not have reason to believe the
environmental health or safety risks
addressed by this action present a
disproportionate risk to children.
8. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
This rule is not subject to Executive
Order 13211 (66 FR 28355, May 22,
2001), because it is not a significant
regulatory action as defined in
Executive Order 12866.
9. National Technology Transfer
Advancement Act
EPA approves State programs as long
as they meet criteria required by RCRA,
so it would be inconsistent with
applicable law for EPA, in its review of
a State program, to require the use of
any particular voluntary consensus
standard in place of another standard
that meets 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 to this rule.
10. Executive Order 12988
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.
11. Executive Order 12630: Evaluation
of Risk and Avoidance of Unanticipated
Takings
EPA has complied with Executive
Order 12630 (53 FR 8859, March 18,
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.
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Federal Register / Vol. 76, No. 10 / Friday, January 14, 2011 / Proposed Rules
12. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and Low
Income Populations
Because this rule proposes
authorization of pre-existing State rules
and imposes no additional requirements
beyond those imposed by State law and
there are no anticipated significant
adverse human health or environmental
effects, the rule is not subject to
Executive Order 12898 (59 FR 7629,
February 16, 1994).
13. Congressional Review Act
EPA will submit a report containing
this rule and other information required
by the Congressional Review Act (5
U.S.C. 801 et seq.) 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).
List of Subjects in 40 CFR Part 271
Environmental protection,
Administrative practice and procedure,
Confidential business information,
Hazardous materials transportation,
Hazardous waste, Indians-lands,
Intergovernmental relations, Penalties,
Reporting and recordkeeping
requirements.
Authority: This action is issued under the
authority of sections 2002(a), 3006 and
7004(b) of the Solid Waste Disposal Act as
amended, 42 U.S.C. 6912(a), 6926, 6974(b).
Dated: September 28, 2010.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2011–749 Filed 1–13–11; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 20
[WT Docket No. 10–254; DA 10–2388]
Comment Sought on 2010 Review of
Hearing Aid Compatibility Regulations
Federal Communications
Commission.
ACTION: Proposed rule.
mstockstill on DSKH9S0YB1PROD with PROPOSALS
AGENCY:
The Wireless
Telecommunications Bureau (Bureau)
seeks comments on the operation and
effectiveness of the Commission’s rules
relating to hearing aid compatibility of
wireless handsets. On the basis of the
evaluation, the Bureau will consider
SUMMARY:
VerDate Mar<15>2010
17:59 Jan 13, 2011
Jkt 223001
whether to recommend to the
Commission both rule revisions and
non-regulatory measures to ensure that
persons with hearing loss will continue
to have broad access to evolving modes
of wireless communication.
DATES: Interested parties may file
comments on or before February 14,
2011, and reply comments on or before
March 1, 2011.
ADDRESSES: All filings should refer to
WT Docket No. 10–254. Comments may
be filed using: (1) The Commission’s
Electronic Comment Filing System
(ECFS), or (2) by filing paper copies. See
Electronic Filing of Documents in
Rulemaking Proceedings, 63 FR 24121
(1998).
• Electronic Filers: Comments may be
filed electronically using the Internet by
accessing the ECFS: https://www.fcc.gov/
cgb/ecfs/. Filers should follow the
instructions provided on the Web site
for submitting comments. If multiple
dockets or rulemaking numbers appear
in the caption of this proceeding, filers
must transmit one electronic copy of the
comments for each docket or
rulemaking number referenced in the
caption. In completing the transmittal
screen, filers should include their full
name, Postal Service mailing address,
and the applicable docket number.
Parties may also submit an electronic
comment by Internet e-mail. To get
filing instructions for e-mail comments,
filers should send an e-mail to
ecfs@fcc.gov, and should include the
following words in the body of the
message, ‘‘get form 〈your e-mail
address〉.’’ A sample form and directions
will be sent in response.
• Paper Filers: Parties who choose to
file by paper must file an original and
four copies of each filing. If more than
one docket or rulemaking number
appears in the caption of this
proceeding, filers must submit two
additional copies for each additional
docket or rulemaking number.
Filings can be sent by hand or
messenger delivery, by commercial
overnight courier, or by first-class or
overnight U.S. Postal Service mail
(although we continue to experience
delays in receiving U.S. Postal Service
mail). All filings must be addressed to
the Commission’s Secretary, Office of
the Secretary, Federal Communications
Commission.
• The Commission’s contractor will
receive hand-delivered or messengerdelivered paper filings for the
Commission’s Secretary at 236
Massachusetts Avenue, NE., Suite 110,
Washington, DC 20002. The filing hours
at this location are 8 a.m. to 7 p.m. All
hand deliveries must be held together
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Frm 00021
Fmt 4702
Sfmt 4702
2625
with rubber bands or fasteners. Any
envelopes must be disposed of before
entering the building.
• Commercial overnight mail (other
than U.S. Postal Service Express Mail
and Priority Mail) must be sent to 9300
East Hampton Drive, Capitol Heights,
MD 20743.
• U.S. Postal Service first-class mail,
Express Mail, and Priority Mail should
be addressed to 445 12th Street, SW.,
Washington, DC 20554.
One copy of each pleading must be
delivered electronically, by e-mail or
facsimile, or if delivered as paper copy,
by hand or messenger delivery, by
commercial overnight courier, or by
first-class or overnight U.S. Postal
Service mail (according to the
procedures set forth above for paper
filings), to the Commission’s duplicating
contractor, Best Copy and Printing, Inc.,
at FCC@BCPIWEB.COM or (202) 488–
5563 (facsimile).
Copies of the public notice and any
subsequently-filed documents in this
matter may be obtained from Best Copy
and Printing, Inc. in person at 445 12th
Street, SW., Room CY–B402,
Washington, DC 20554, via telephone at
(202) 488–5300, via facsimile at (202)
488–5563, or via e-mail at
FCC@BCPIWEB.COM. The public notice
and any associated documents are also
available for public inspection and
copying during normal reference room
hours at the following Commission
office: FCC Reference Information
Center, 445 12th Street, SW., Room CY–
A257, Washington, DC 20554. The
public notice is also available
electronically through the Commission’s
ECFS, which may be accessed on the
Commission’s Internet Web site at
https://www.fcc.gov.
To request information in accessible
formats (computer diskettes, large print,
audio recording, and Braille), send an email to fcc504@fcc.gov or call the FCC’s
Consumer and Governmental Affairs
Bureau at (202) 418–0530 (voice), (202)
418–0432 (TTY).
FOR FURTHER INFORMATION CONTACT:
Michael Rowan, Spectrum and
Competition Policy Division, Wireless
Telecommunications Bureau, at (202)
418–1883 or by e-mail:
Michael.Rowan@fcc.gov.
This is a
summary of the Commission’s Public
Notice in WT Docket No. 10–254 and
DA 10–2388, released on December 28,
2010. In the Hearing Aid Compatibility
Second Report and Order and Further
NPRM released on August 5, 2010, in
WT Docket No. 07–250, 75 FR 54508
and 75 FR 54546 (Sept. 8, 2010), the
SUPPLEMENTARY INFORMATION:
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]]>Agencies
[Federal Register Volume 76, Number 10 (Friday, January 14, 2011)]
[Proposed Rules]
[Pages 2618-2625]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-749]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[EPA-R05-RCRA-2010-0738; FRL-9253-1]
Minnesota: Final Authorization of State Hazardous Waste
Management Program Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: Minnesota has applied to EPA for final authorization of the
changes to its hazardous waste program under the Resource Conservation
and Recovery Act (RCRA). EPA has reviewed Minnesota's application with
regards to Federal requirements, and is proposing to authorize the
State's changes.
DATES: Comments on this proposed rule must be received on or before
February 14, 2011.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
RCRA-2010-0738 by one of the following methods:
https://www.regulations.gov: Follow the on-line instructions for
submitting comments.
E-mail: westefer.gary@epa.gov.
Mail: Gary Westefer, Minnesota Regulatory Specialist, LR-8J, U.S.
EPA, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604.
Instructions: Direct your comments to Docket ID Number EPA-R05-
RCRA-2010-0738. EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at https://www.regulations.gov, including any personal
information provided, unless the comment includes information claimed
to be Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Do not submit information
that you consider to be CBI or otherwise protected through https://www.regulations.gov or e-mail. The https://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through https://www.regulations.gov your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters or 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.epagov/epahome/dockets.htm.
Docket: All documents in the docket are listed in the https://www.regulations.gov index. Although listed in the index, some of the
information is not publicly available, e.g., CBI or other information
for which disclosure is restricted by statute. Certain other material,
such as copyrighted material, will be publicly
[[Page 2619]]
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 Minnesota's application from 9 a.m. to
4 p.m. at the following addresses: U.S. EPA Region 5, LR-8J, 77 West
Jackson Boulevard, Chicago, Illinois, contact: Gary Westefer (312) 886-
7450; or Minnesota Pollution Control Agency, 520 Lafayette Road, North,
St. Paul, Minnesota 55515, contact: Nathan Cooley (651) 757-2290.
FOR FURTHER INFORMATION CONTACT: Gary Westefer, Minnesota Regulatory
Specialist, U.S. EPA Region 5, LR-8J, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886-7450, e-mail westefer.gary@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 request 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 Minnesota's application to revise its authorized
program meets all of the statutory and regulatory requirements
established by RCRA. Therefore, we propose to grant Minnesota final
authorization to operate its hazardous waste program with the changes
described in the authorization application. Minnesota has
responsibility for permitting treatment, storage, and disposal
facilities (TSDFs) within its borders (except in Indian Country) and
for carrying out the aspects of the RCRA program described in its
revised program application, subject to the limitations of the
Hazardous and Solid Waste Amendments of 1984 (HSWA). New Federal
requirements and prohibitions imposed by Federal regulations that EPA
promulgates under the authority of HSWA take effect in authorized
States before they are authorized for the requirements. Thus, EPA will
implement those requirements and prohibitions in Minnesota, 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, once finalized, is that a facility in
Minnesota subject to RCRA would have to comply with the authorized
State requirements instead of the equivalent Federal requirements in
order to comply with RCRA. Minnesota has enforcement responsibilities
under its State hazardous waste program for RCRA violations, but EPA
retains its authority under RCRA sections 3007, 3008, 3013, and 7003,
which include, among others, authority to:
1. Do inspections, and require monitoring, tests, analyses or
reports; and
1. Enforce RCRA requirements and suspend or revoke permits.
This action will not impose additional requirements on the
regulated community because the regulations for which Minnesota is
being authorized are already effective, and will not be changed by
EPA's final action.
D. What happens if EPA receives adverse comments on this action?
If EPA receives adverse comments on this authorization, we will
address all public comments in a later Federal Register. You may not
have another opportunity to comment. If you want to comment on this
authorization, you must do so at this time.
E. What has Minnesota previously been authorized for?
Minnesota initially received Final (base) authorization on January
28, 1985, effective February 11, 1985 (50 FR 3756) to implement the
RCRA hazardous waste management program. We granted authorization for
changes to Minnesota's program on July 20, 1987, effective September
18, 1987 (52 FR 27199); on April 24, 1989, effective June 23, 1989 (54
FR 16361) amended June 28, 1989 (54 FR 27170); on June 15, 1990,
effective August 14, 1990 (55 FR 24232); on June 24, 1991, effective
August 23, 1991 (56 FR 28709); on March 19, 1992, effective May 18,
1992 (57 FR 9501); on March 17, 1993, effective May 17, 1993 (58 FR
14321); on January 20, 1994, effective March 21, 1994 (59 FR 2998); and
on May 25, 2000, effective August 23, 2000 (65 FR 33774). Minnesota
also received authorization for the U.S. Filter Recovery Services
Project XL on May 22, 2001, effective May 22, 2001 (66 FR 28085), and
for the Joint Powers Agreement with Hennepin County on October 23, 2008
(73 FR 63074), effective October 23, 2008.
F. What changes are we proposing with today's action?
On June 2, 2010, Minnesota submitted a final complete program
revision application, seeking authorization of their changes in
accordance with 40 CFR 271.21. We are now proposing to authorize,
subject to receipt of written comments that oppose this action,
Minnesota's hazardous waste program revision. We propose to grant
Minnesota final authorization for the following program changes:
Minnesota's Analogs to the Federal Requirements
------------------------------------------------------------------------
Federal Register
Description of Federal date and page
requirement (include checklist (and/or RCRA Analogous State
No., if relevant) statutory authority
authority)
------------------------------------------------------------------------
Land Disposal Restrictions for August 19, 1991, MR 7045.0125,4,K;
Electric Arc Furnace Dust 56 FR 41164. 7045.0214,3,E;
(K061) Checklist 95. 7045.1390; Effective
June 22, 2009.
Liners and Leak Detection January 29, 1992, MR 7001.0150;
Systems for Hazardous Waste 57 FR 3462. 7001.0590;
Land Disposal Units Checklist 7001.0600;
100. 7001.0620;
7001.0720; MR
7045.0219;
7045.0220;
7045.0452;
7045.0461;
7045.0478;
7045.0532(3),(4),(5)
,(7); 7045.0534;
7045.0534(4),(5),(6)
; 7045.0538;
7045.0538(4),(5);
7045.0556;
7045.0556(8);
7045.0584;
7045.0630;
7045.0630(5),(6);
7045.0632;
7045.0632(4),(8),(9)
; 7045.0638;
7045.0638(2);
Effective June 22,
2009.
[[Page 2620]]
Hazardous Waste Management July 10, 1992, 57 MR 7045.0075;
System; Identification and FR 30657. 7045.0100;
Listing of Hazardous Waste; 7045.0102;
Toxicity Characteristic; 7045.0120;
Corrections Checklist 108. 7045.0121;
7045.0638; Effective
June 22, 2009.
Land Disposal Restrictions for August 18, 1992, MR 7001.0550(K);
Newly Listed Wastes and 57 FR 37194. 7001.0560(B);
Hazardous Debris Checklist 7001.0650(5)(F)(6);
109. MR 7045.0219;
7045.0214(3)(E),(F),
(G);
7045.0292(1)(B);
7045.0490(1)(D);
7045.0486(2),(3);
7045.0498(1)(D);
7045.0502(1);
7045.0551;
7045.0594(1);
7045.0600(1),(2);
7045.0608(1);
7045.0610(1);
7045.0630(2);
7045.0651;
7045.1390; Effective
June 22, 2009.
Identification and Listing of August 18, 1992, MR 7045.0125(4)(F);
Hazardous Waste; CERCLA 57 FR 37284. 7045.0135(1a),(C),(M
Hazardous Designation; ); Effective June
Reportable Quantity 22, 2009.
Adjustment; Coke By-Product
Wastes Checklist 110.
Consolidated Liability
Requirements:
Financial Responsibility September 16, MR
for Third Party 1992, 57 FR 7045.0504(7)(L),(M);
Liability, Closure and 42832. 7045.0518;
Post-Closure Checklist 7045.0524;
113. 7045.0608(2);
7045.0614;
7045.0620; Effective
June 22, 2009.
Standards Applicable to September 1,
Owners and Operators of 1988, 53 FR
Hazardous Waste 33938.
Treatment, Storage, and
Disposal Facilities;
Liability Coverage
Checklist 113.1.
Liability Requirements; July 1, 1991, 56
Technical Amendment FR 30200.
Checklist 113.2.
Hazardous Waste Management October 15, 1992, MR
System; Identification and 57 FR 47376. 7045.0135(1a)(C),(M)
Listing of Hazardous Waste ; Effective June 22,
and CERCLA Hazardous 2009.
Designation; Reportable
Quantity Adjustment;
Chlorinated Toluenes
Production Wastes Checklist
115.
Hazardous Waste Management October 20, 1992, MR 7045.1390;
System; Land Disposal 57 FR 47772. Effective June 22,
Restrictions; Case-By-Case 2009.
Capacity Variance Checklist
116.
Hazardous Waste Management June 1, 1992, 57 MR 7045.0102(2);
System; Definition of FR 23062. Effective June 22,
Hazardous Waste; Mixture and 2009.
Derived-From Rules Checklist
117B.
Hazardous Waste Management; November 18, MR 7045.0020(84a);
Liquids in Landfills II 1992, 57 FR 7045.0458(2)(G)(3);
Checklist 118. 54452. 7045.0538(10),(12);
7045.0564(2)(G)(3);
7045.0638(7),(9);
Effective June 22,
2009.
Corrective Action Management February 16, MR 7001.0510;
Units and Temporary Units; 1993, 58 FR 8658. 7001.0720;
Corrective Action Units Under 7045.0020;
Subtitle C Checklist 121. 7045.0219;
7045.0220;
7045.0485;
7045.0545;
7045.0552; Effective
October 2, 1995.
Land Disposal Restrictions; May 14, 1993, 58 MR 7045.1390;
Renewal of the Hazardous FR 28506. Effective June 22,
Waste Debris Case-By-Case 2009.
Capacity Variance Checklist
123.
Land Disposal Restrictions for May 24, 1993, 58 MR 7045.0450(3)(E);
Ignitable and Corrosive FR 29860. 7045.0552(3)(F);
Characteristic Wastes Whose 7045.1390; Effective
Treatment Standards Were June 22, 2009.
Vacated Checklist 124.
Hazardous Waste Management August 31, 1993, MR 7001.0510;
System; Testing and 58 FR 46040. 7045.0630(C);
Monitoring Activities 7001.0700(3)(A)(3-5)
Checklist 126 as amended. ; MR 7045.0065(1);
7045.0075(2)(E)(1)(a
);
7045.0131(4)(A),(B);
7045.0131(7)(A);
7045.0135(1);
7045.0528(1)(A);
7045.0538(10)(C);
7045.0628(1)(A);
7045.0638(7)(B);
7045.1390; Effective
June 22, 2009.
Checklist 126.1............... September 19,
1994, 59 FR
47980.
Hazardous Waste Management January 4, 1994, MR 7045.0065;
System; Identification and 59 FR 458. 7045.0135(1a)(N);
Listing of Hazardous Waste; Effective June 22,
Wastes From Wood Surface 2009.
Protection Checklist 128.
Recordkeeping Instructions; March 24, 1994, MR 7045.0543(1)(A);
Technical Amendment Checklist 59 FR 13891. 7045.0643(1)(A);
131. 7045.0645(1)(A);
Effective June 22,
2009.
Hazardous Waste Management June 2, 1994, 59 MR 7045.0065(1);
System; Identification and FR 28484. Effective June 22,
Listing of Hazardous Waste; 2009.
Wastes from Wood Surface
Protection; Correction
Checklist 132.
Hazardous Waste Management June 20, 1994, 59 MR
System; Correction of Listing FR 31551. 7045.0135(1a)(D),(N)
of P015--Beryllium Powder ; 7045.1390;
Checklist 134. Effective June 22,
2009.
Standards for the Management August 24, 1994, MR 7045.0665(1)(B);
of Specific Hazardous Wastes; 59 FR 43496. 7045.1390; Effective
Amendment to Subpart C-- June 22, 2009.
Recyclable Materials Used in
a Manner Constituting
Disposal; Final Rule
Checklist 136.
[[Page 2621]]
Land Disposal Restrictions September 19, MR 7045.0075(3),(4)
Phase II--Universal Treatment 1994, 59 FR MR7045.0450(3)(E);
Standards, and Treatment 47982. 7045.0552(3)(F);
Standards for Organic 7045.0665(4)(B);
Toxicity Characteristic 7045.1390 Minnesota
Wastes and Newly Listed Stat. 116.06(11)
Wastes. 3745-266-106; 3745-
266-107; Effective
June 22, 2009.
Checklist 137 as amended...... January 3, 1995,
60 FR 242.
Checklist 137.1...............
Universal Waste Rule: General May 11, 1995, 60 MR 7001.0520(2)(N);
Provisions Checklist 142A. FR 25492. MR 7045.0020;
7045.0120(2)(E);
7045.0206(5)(G);
7045.0208(1)(G);
7045.0214(1);
7045.0450(3)(L);
7045.1400; Effective
July 25, 2005.
Universal Waste Rule: Specific May 11, 1995, 60 MR 7045.0685(1);
Provisions for Batteries FR 25492. 7045.1400; Effective
Checklist 142B. July 25, 2005.
Universal Waste Rule: Specific May 11, 1995, 60 MR 7045.1400;
Provisions for Pesticides FR 25492. Effective July 25,
Checklist 142C. 2005.
Universal Waste Rule: Specific May 11, 1995, 60 MR 7045.1400;
Provisions for Thermostats FR 25492. Effective July 25,
Checklist 142D. 1995.
Universal Waste Rule: May 11, 1995, 60 MR 7045.1400;
Provisions for Petitions to FR 25492. Effective July 25,
Add a New Universal Waste 2005.
Checklist 142E.
Land Disposal Restrictions April 8, 1996, 61 MR 7045.1390;
Phase III--Decharacterized FR 15566. Effective June 22,
Wastewaters, Carbamate 2009.
Wastes, and Spent Potliners
Checklist 151 as amended.
Checklist 151.1 as amended.... April 8, 1996, 61
FR 15566.
Checklist 151.2 as amended.... April 30, 1996,
61 FR 19117.
Checklist 151.3 as amended.... June 28, 1996, 61
FR 33680.
Checklist 151.4 as amended.... July 10, 1996, 61
FR 36419.
Checklist 151.5 as amended.... August 26, 1996,
61 FR 43924.
Checklist 151.6............... February 19,
1997, 62 FR 7502.
Imports and Exports of April 12, 1996, MR 7045.0125;
Hazardous Waste: 61 FR 16290. 7045.0211;
Implementation of OECD 7045.0213;
Council Decision C(92)39 7045.0302(2),(4),(6)
Concerning the Control of ; 7045.0351;
Transfrontier Movements of 7045.0355;
Wastes Destined for Recovery 7045.0375;
Operations Checklist 152. 7045.0452;
7045.0474;
7045.0556;
7045.0578;
7045.0675;
7045.1400; Effective
June 22, 2009.
Criteria for Classification of July 1, 1996, 61 MR 7045.0219;
Solid Waste Disposal FR 34252. Effective June 22,
Facilities and Practices; 2009.
Identification and Listing of
Hazardous Waste; Requirements
for Authorization of State
Hazardous Waste Programs
Checklist 153.
Hazardous Waste Treatment, November 25, MR
Storage and Disposal 1996, 61 FR 7001.0150(3)(P)(3),(
Facilities and Hazardous 59931. 4); 7001.0560(E);
Waste Generators; Organic Air 7001.0570(G);
Emissions Standards for 7001.0580(K);
Tanks, Surface Impoundments, 7001.0590(N);
and Containers Checklist 154 7001.0635; MR
as amended. 7045.0065(1);
7045.0125(9);
7045.0292;
7045.0452(5)(C);
7045.0458(2);
7045.0478(3);
7045.0482(4)(C);
7045.0526(10);
7045.0528(12);
7045.0532(11);
7045.0539(2);
7045.0547;
7045.0548;
7045.0549;
7045.0564(2);
7045.0556(5)(C);
7045.0584(3);
7045.0588(4)(D);
7045.0626(9);
7045.0628(13);
7045.0630(9);
7045.0647;
7045.0648;7045.0649;
Effective June 22,
2009.
Checklist 154.1 as amended.... December 6, 1994,
59 FR 62896.
Checklist 154.2 as amended.... May 19, 1995, 60
FR 26828.
Checklist 154.3 as amended.... September 29,
1995, 60 FR
50426.
Checklist 154.4 as amended.... November 13,
1995, 60 FR
56952.
Checklist 154.5 as amended.... February 9, 1996,
61 FR 4903.
Checklist 154.6............... June 5, 1996, 61
FR 28508.
Land Disposal Restrictions January 14, 1997, MR 7045.1390;
Phase III--Emergency 62 FR 1992. Effective June 22,
Extension of the K088 2009.
Capacity Variance Checklist
155.
Land Disposal Restrictions May 12, 1997, 62 MR 7045.0020;
Phase IV; Treatment Standards FR 25998. 7045.0120(2)(E),(F);
for Wood Preserving Wastes, 7045.0125(4)(C);
Paperwork Reduction and 7045.1390; Minnesota
Streamlining, Exemptions From Stat. 116.06(11);
RCRA for Certain Processed Effective June 22,
Materials; and Miscellaneous 2009.
Hazardous Waste Provisions
Checklist 157.
[[Page 2622]]
Hazardous Waste Management June 17, 1997, 62 MR 7045.0135;
System; Carbamate Production, FR 32974. 7045.1390; Effective
Identification and Listing of June 22, 2009.
Hazardous Waste; Land
Disposal Restrictions
Checklist 159.
Land Disposal Restrictions July 14, 1997, 62 MR 7045.1390;
Phase III--Emergency FR 37694. Effective June 22,
Extension of the K088 2009.
National Capacity Variance,
Amendment Checklist 160.
Second Emergency Revision of August 28, 1997, MR 7045.1390;
the Land Disposal 62 FR 45568. Effective June 22,
Restrictions (LDR) Treatment 2009.
Standards for Listed
Hazardous Wastes From
Carbamate Production
Checklist 161.
Classification of Standards December 5, 1997, MR 7045.1390;
for Hazardous Waste Land 62 FR 64504. Effective June 22,
Disposal Restriction 2009.
Treatment Variances Checklist
162.
Hazardous Waste Treatment, December 8, 1997, MR 7001.0560(E); MR
Storage and Disposal 62 FR 64636. 7045.0452(5)(C);
Facilities and Hazardous 7045.0478(3)(H);
Waste Generators; Organic Air 7045.0547;
Emissions Standards for 7045.0548;
Tanks, Surface Impoundments, 7045.0549;
and Containers; Clarification 7045.0556(4)(C);
and Technical Amendment 7045.0584(3)(H);
Checklist 163. 7045.0643(1)(F);
7045.0647;
7045.0648;
7045.0649; Effective
June 22, 2009.
Land Disposal Restrictions May 26, 1998, 63 MR 7045.1390;
Phase IV; Treatment Standards FR 28556. Effective June 22,
for Metal Wastes and Mineral 2009.
Processing Wastes Checklist
167A.
Land Disposal Restrictions May 26, 1998, 63 MR 7045.1390;
Phase IV; Hazardous Soils FR 28556. Effective June 22,
Treatment Standards and 2009.
Exclusions Checklist 167B.
Land Disposal Restrictions May 26, 1998, 63 MR 7045.1390;
Phase IV; Corrections FR 28556. Effective June 22,
Checklist 167C as amended. 2009.
Checklist 167C.1.............. June 8, 1998, 63
FR 31266.
Minerals Processing Secondary May 26, 1998, 63 MR 7045.1390;
Materials Exclusion Checklist FR 28556. Effective June 22,
167D. 2009.
Bevill Exclusion Revisions and May 26, 1998, 63 MR
Clarification Checklist 167E. FR 28556. 7045.0102(2)(H),(I);
7045.0120(1)(I);
Effective June 22,
2009.
Exclusion of Recycled Wood May 26, 1998, 63 MR 7045.0120(1)(T);
Preserving Wastewaters FR 28556. Effective June 22,
Checklist 167F. 2009.
Hazardous Waste Combustors; June 19, 1998, 63 MR
Revised Standards; Final Rule- FR 33782. 7001.0650(5)(F)(7);
Part 1-RCRA Comparable Fuel 7001.0730(6); MR
Exclusion; Permit 7045.0120(2)(E);
Modifications for Hazardous Effective June 1,
Waste Combustion Units; 2004.
Notification of Intent to
Comply; Waste Minimization
and Pollution Prevention
Criteria for Compliance
Extensions Checklist 168.
Hazardous Waste Management August 6, 1998, MR 7045.0075;
System; Identification and 63 FR 42110. 7045.0100;
Listing of Hazardous Waste; 7045.0102;
Petroleum Refining Process 7045.0120;
Wastes; Land Disposal 7045.0121;
Restrictions for Newly 7045.0124;
Identified Wastes; and CERCLA 7045.0125;
Hazardous Substance 7045.0135(2),(3);
Designation and Reportable 7045.0141;
Quantities Checklist 169. 7045.1390; Effective
June 22, 2009.
Hazardous Waste Recycling; August 31, 1998, MR 7045.1390;
Land Disposal Restrictions 63 FR 46332. Effective June 22,
Phase IV Zinc Micronutrient 2009.
Fertilizers, Administrative
Stay Checklist 170.
Emergency Revisions of the September 4, MR 7045.1390;
Land Disposal Restrictions 1998, 63 FR Effective June 22,
(LDR) Treatment Standards for 47409. 2009.
Listed Hazardous Wastes From
Carbamate Production
Checklist 171.
Characteristic Slags Generated September 9, MR 7045.1390;
From Thermal Recovery of Lead 1998, 63 FR Effective June 22,
by Secondary Lead Smelters; 48124. 2009.
Land Disposal Restrictions;
Final Rule; Extension of
Compliance Date Checklist 172.
Land Disposal Restrictions September 24, MR 7045.1390;
(LDR) Treatment Standards for 1998, 63 FR Effective June 22,
Spent Potliners from Primary 51254. 2009.
Aluminum Reduction (K088)
Checklist 173.
Standards Applicable to Owners October 22, 1998, MR 7001.0500;
and Operators of Closed and 63 FR 56710. 7001.0520;
Closing Hazardous Waste 7001.0560;
Management Facilities: Post- 7001.0640; MR
Closure Permit Requirement 7045.0060;
and Closure Process; Final 7045.484(1);
rule Checklist 174. 7045.486; 7045.0490;
7045.0498;
7045.0590;
7045.0594; 7045.600;
7045.0602(2);
7045.0608(1);
7045.628; 7045.0630;
7045.0670(2);
Effective February
14, 2005.
Hazardous Remediation Waste November 30, MR 7001.0060;
Management Requirements (HWIR- 1998, 63 FR 7001.0070;
Media) Checklist 175. 65874. 7001.0190;
7001.0510;
7001.0720;
7001.0650(7); MR
7045.0020;
7045.0075;
7045.0100;
7045.0102;
7045.0120;
7045.0121;
7045.0219;
7045.0220;
7045.0450;
7045.0478;
7045.0485;
7045.0545;
7045.0552;
7045.1390; Effective
February 14, 2005.
[[Page 2623]]
Universal Waste Rule-- December 24, MR 7045.0685;
Technical Amendments 1998, 63 FR 7045.1400; Effective
Checklist 176. 71225. July 25, 2005.
Hazardous Waste Treatment, January 21, 1999, MR 7045.0547;
Storage and Disposal 64 FR 3381. 7045.0549;
Facilities and Hazardous 7045.0649; Effective
Waste Generators; Organic Air June 22, 2009.
Emissions Standards for
Tanks, Surface Impoundments,
and Containers Checklist 177.
Land Disposal Restrictions May 11, 1999, 64 Minnesota Stat.
Phase IV: Treatment Standards FR 25408. 166.06(11); MR
for Wood Preserving Wastes, 7045.0120(1);
Treatment Standards for Metal 7045.0292(5)(G);
Wastes, Zinc Micronutrient 7045.1390; Effective
Fertilizers, Carbamate June 22, 2009.
Treatment Standards, and K088
Treatment Standards Checklist
179.
Hazardous Waste Management July 6, 1999, 64 MR 7001.0500;
System; Modification of the FR 36466. 7001.0520; MR
Hazardous Waste Program; 7045.0219;
Hazardous Waste Lamps; Final 7045.0220;
Rule Checklist 181. 7045.0450;
7045.0552;
7045.1300;
7045.1400; Effective
July 25, 2005.
Land Disposal Restrictions October 20, 1999, MR 7045.0135(1)(C);
Phase IV: Final Rule 64 FR 56469. 7045.0292(1)(G);
Promulgating Treatment 7045.1390; Effective
Standards for Metal Wastes, June 22, 2009.
and Mineral Processing
Wastes; Mineral Processing
Secondary Materials and
Bevill Exclusion Issues;
Treatment Standards for
Hazardous Soils, and
Exclusion of Recycled Wood
Preserving Wastewaters
Checklist 183.
Organobromine Production March 17, 2000, MR 7045.0135(1);
Wastes; Identification and 65 FR 14472. 7045.1390; Effective
Listing of Hazardous Waste; June 22, 2009.
Land Disposal Restrictions;
Listing of CERCLA Hazardous
Substances, Reportable
Quantities Checklist 185.
Organobromine Production June 8, 2000, 65 MR 7045.0135(1)(B);
Wastes; Petroleum Refining FR 36365. 7045.1390; Effective
Wastes; Land Disposal June 22, 2009.
Restrictions; Checklist 187.
Hazardous Waste Management November 8, 2000, MR 7045.0135(1);
System; Identification and 65 FR 67068. 7045.1390; Effective
Listing of Hazardous Waste; June 22, 2009.
Chlorinated Aliphatics
Production Wastes; and CERCLA
Hazardous Substance
Designation and Reportable
Quantities Checklist 189.
Deferral of Phase IV Standards December 26, MR 7045.1390;
for PCBs as a Constituent 2000, 65 FR Effective June 22,
Subject to Treatment in Soil 81373. 2009.
Checklist 190.
Hazardous Waste Identification May 16, 2001, 66 MR 7045.0102(2);
Rule (HWIR); Revisions to the FR 27266. 7045.0214(3)(A);
Mixture and Derived From Effective June 22,
Rules Checklist 192A. 2009.
Hazardous Waste Identification May 16, 2001, 66 MR 7045.1390;
Rule (HWIR); Land Disposal FR 27266. Effective June 22,
Restrictions Correction 2009.
Checklist 192B.
Corrections to the Hazardous October 3, 2001, MR 7045.0102;
Waste Identification Rule 66 FR 50332. 7045.0124; Effective
(HWIR); Revisions to the June 22, 2009.
Mixture and Derived From
Rules (Revision II) Checklist
194.
Amendments to the Corrective January 22, 2002, MR 7045.0020;
Action Management Unit Rule 67 FR 2962. 7045.0545(1)(a);
Checklist 196. 7045.0547(1);
7045.0548(1);
Effective February
14, 2005.
Hazardous Waste Management March 13, 2002, Minnesota Stat.
System; Definition of Solid 67 FR 11251. 116.06(11); MR
Waste; Toxicity 7045.0120(1)(X);
Characteristic; Vacatur of 7045.0131(7);
Mineral Processing Spent Effective June 22,
Materials Being Reclaimed as 2009.
Solid Wastes and TCLP Use
with MGP Waste Checklist 199.
Land Disposal Restrictions; October 7, 2002, MR 7045.1390;
National Treatment Variance 67 FR 62618. Effective June 22,
to Designate New Treatment 2009.
Subcategories for
Radioactively Contaminated
Cadmium-, Mercury-, and
Silver-Containing Batteries
Checklist 201.
Hazardous Waste Management June 4, 2008, 73 MR 7045.0135;
System; Identification and FR 31756. Effective June 22,
Listing of Hazardous Waste; 2009.
Amendment to Hazardous Waste
Code F019 Checklist 218.
------------------------------------------------------------------------
G. Which revised State rules are different from the Federal rules?
Minnesota has excluded the non-delegable Federal requirements at 40
CFR 268.5, 268.6, 268.42(b), 268.44, and 270.3. EPA will continue to
implement those requirements. In this action, Minnesota has chosen to
remain more stringent in the Hazardous Remediation Waste Management
Requirements, (Checklist 175 above) by choosing not to adopt 40 CFR
270.79 through 270.230 which allow for Remedial Action Plans (RAP). The
RAP is considered to be less stringent. Minnesota is more stringent in
checklist 108, as it does not recognize the list of excluded processes,
nor does it have provision to waive the double liner requirement in 40
CFR 265.301(d). In rule revision (Checklist) 118, Minnesota does not
allow any liquids in landfills even as provided for in 40 CFR 264.314.
In rule revision (Checklist) 142, Minnesota does not contain a
provision to add a Universal Waste under 40 CFR 273.80 or 260.23.
[[Page 2624]]
H. Who handles permits after the authorization takes effect?
Minnesota 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 Minnesota
is not yet authorized.
I. How does today's action affect Indian Country (18 U.S.C. 1151) in
Minnesota?
Minnesota is not authorized to carry out its hazardous waste
program in ``Indian Country,'' as defined in 18 U.S.C. 1151. Indian
Country includes:
1. All lands within the exterior boundaries of Indian Reservations
within or abutting the State of Minnesota, including:
a. Bois Forte Indian Reservation
b. Fond Du Lac Indian Reservation
c. Grand Portage Indian Reservation
d. Leech Lake Indian Reservation
e. Lower Sioux Indian Reservation
f. Mille Lacs Indian Reservation
g. Prairie Island Indian Reservation
h. Red Lake Indian Reservation
i. Shakopee Mdewankanton Indian Reservation
j. Upper Sioux Indian Reservation
k. White Earth Indian Reservation
2. Any land held in trust by the U.S. for an Indian tribe; and
3. Any other land, whether on or off an Indian reservation that
qualifies as Indian Country.
Therefore, EPA retains the authority to implement and administer the
RCRA program in Indian Country.
J. What is codification and is EPA codifying Minnesota'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. Minnesota's rules, up to
and including those revised June 7, 1991, as corrected August 19, 1991,
have previously been codified through incorporation by reference
effective February 4, 1992 (57 FR 4162) .
K. Statutory and Executive Order Reviews
This proposed rule only authorizes hazardous waste requirements
pursuant to RCRA 3006 and imposes no requirements other than those
imposed by State law (see SUPPLEMENTARY INFORMATION, Section A. Why are
Revisions to State Programs Necessary?). Therefore this rule complies
with applicable executive orders and statutory provisions as follows:
1. Executive Order 18266: Regulatory Planning Review
The Office of Management and Budget has exempted this rule from its
review under Executive Order 12866 (58 FR 51735, October 4, 1993).
2. Paperwork Reduction Act
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.).
3. Regulatory Flexibility Act
This rule authorizes State requirements for the purpose of RCRA
3006 and imposes no additional requirements beyond those required by
State law. Accordingly, I certify that this rule 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.).
4. Unfunded Mandates Reform Act
Because this rule approves 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).
5. Executive Order 13132: Federalism
Executive Order 13132 (64 FR 43255, August 10, 1999) does not apply
to this rule because it will not have federalism implications (i.e.,
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).
6. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175 (65 FR 67249, November 9, 2000) does not
apply to this rule because it will not have tribal implications (i.e.,
substantial direct effects on one or more Indian tribes, or on the
relationship between the Federal Government and Indian tribes, or on
the distribution of power and responsibilities between the Federal
Government and Indian tribes.)
7. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
This rule is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997), because it is not economically significant as defined
in Executive Order 12866 and because the EPA does not have reason to
believe the environmental health or safety risks addressed by this
action present a disproportionate risk to children.
8. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This rule is not subject to Executive Order 13211 (66 FR 28355, May
22, 2001), because it is not a significant regulatory action as defined
in Executive Order 12866.
9. National Technology Transfer Advancement Act
EPA approves State programs as long as they meet criteria required
by RCRA, so it would be inconsistent with applicable law for EPA, in
its review of a State program, to require the use of any particular
voluntary consensus standard in place of another standard that meets
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 to this rule.
10. Executive Order 12988
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.
11. Executive Order 12630: Evaluation of Risk and Avoidance of
Unanticipated Takings
EPA has complied with Executive Order 12630 (53 FR 8859, March 18,
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.
[[Page 2625]]
12. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low Income Populations
Because this rule proposes authorization of pre-existing State
rules and imposes no additional requirements beyond those imposed by
State law and there are no anticipated significant adverse human health
or environmental effects, the rule is not subject to Executive Order
12898 (59 FR 7629, February 16, 1994).
13. Congressional Review Act
EPA will submit a report containing this rule and other information
required by the Congressional Review Act (5 U.S.C. 801 et seq.) 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).
List of Subjects in 40 CFR Part 271
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous materials transportation,
Hazardous waste, Indians-lands, Intergovernmental relations, Penalties,
Reporting and recordkeeping requirements.
Authority: This action is issued under the authority of
sections 2002(a), 3006 and 7004(b) of the Solid Waste Disposal Act
as amended, 42 U.S.C. 6912(a), 6926, 6974(b).
Dated: September 28, 2010.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2011-749 Filed 1-13-11; 8:45 am]
BILLING CODE 6560-50-P
