Montana; Final Authorization of State Hazardous Waste Management Program

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-4827-7]

Montana; Final Authorization of State Hazardous Waste Management

Program

AGENCY: Environmental Protection Agency.

ACTION: Immediate final rule.

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SUMMARY: The State of Montana has applied for final authorization of

revisions to its hazardous waste program under the Resource

Conservation and Recovery Act (RCRA). The Environmental Protection

Agency (EPA) has reviewed Montana's application and has made a

decision, subject to public review and comment, that Montana's

hazardous waste program revision satisfies all of the requirements

necessary to qualify for final authorization. Thus, EPA intends to

approve Montana's hazardous waste program revisions. Montana's

application for program revision is available for public review and

comment.

DATES: Final authorization for Montana shall be effective March 21,

1994 unless EPA publishes a prior Federal Register action withdrawing

this immediate final rule. All comments on Montana's program revision

application must be received by the close of business February 18,

1994.

ADDRESSES: Copies of Montana's program revision application are

available during regular business hours at the following addresses for

inspection and copying: Solid and Hazardous Waste Bureau, Department of

Health and Environmental Sciences, 836 Front Street, Helena, Montana

59601, Phone: 406/444-1430 and USEPA Region VIII, Montana Office, 301

S. Park, Federal Building, Helena, MT 59626, Phone: 406/449-5414.

Written comments should be sent to: Rosemary Rowe, U.S. Environmental

Protection Agency, 301 S. Park, Drawer 10096, Helena, MT 59626, Phone:

406/449-5414.

FOR FURTHER INFORMATION CONTACT: Rosemary Rowe, Air, Hazardous Waste,

and Toxics Branch, USEPA, 301 S. Park, Drawer 10096, Helena, MT 59626,

Phone: 406/449-5414.

SUPPLEMENTARY INFORMATION:

A. Background

States with final authorization under section 3006(b) of the

Resource Conservation and Recovery Act (``RCRA'' or the ``the Act''),

42 U.S.C. 6929(b), have a continuing obligation to maintain a hazardous

waste program that is equivalent to, consistent with, and no less

stringent than the Federal hazardous waste program.

Revisions to State hazardous waste programs are necessary when

Federal or State statutory or regulatory authority is modified or when

certain other changes occur. Most commonly, State program revisions are

necessitated by changes to EPA's regulations in 40 CFR parts 124, 260

through 268 and 270.

B. Montana

Montana received partial Phase I Interim authorization in February,

1981. Complete Phase I authorization was received in February, 1982.

Final authorization of the base program was received in July, 1984.

EPA has reviewed Montana's application, and has made an immediate

final decision that Montana's hazardous waste program revision

satisfies all of the requirements necessary to qualify for final

authorization. Consequently, EPA intends to grant final authorization

for the additional program modifications to Montana. The public may

submit written comments on EPA's immediate final decision up until

February 18, 1994. Copies of Montana's application for program revision

are available for inspection and copying at the locations indicated in

the Addresses section of this notice.

Approval of Montana's program revision shall become effective in 60

days unless an adverse comment pertaining to the State's revision

discussed in this notice is received by the end of the comment period.

If an adverse comment is received, EPA will publish either: (1) A

withdrawal of the immediate final decision; or (2) a notice containing

a response to comments which either affirms that the immediate final

decision takes effect or reverses the decision.

A draft application was submitted on January 7, 1991. The State of

Montana addressed all of EPA's concerns prior to submittal of the final

application. Thus, the Montana program is granted immediate final

authorization for the provisions in the following Table.

Provisions

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Federal Register reference State authority

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1. Biennial Report, 48 FR 3977, 1/28/83........... 75-10-405, MCA

2. Interim Status Standards Applicability, 48 FR 75-10-405, MCA

52718, 11/22/83.

3. Chlorinated Aliphatic Hydrocarbon Listing 75-10-405(a), MCA

(F024), 49 FR 4312, 2/10/84.

4. National Uniform Manifest, 49 FR 10500, 3/20/84 75-10-405, MCA

5. Permit Rules: Settlement Agreement, 49 FR 75-10-405, MCA

17718, 4/24/84.

6. Part 261--Warfarin and Zinc Phosphide, 49 FR 75-10-405(a), MCA

19923, 5/10/84.

7. Lime Stabilized Pickle Sludge, 49 FR 23287, 6/5/ 75-10-405, MCA

84.

8. Household Waste, 49 FR 44980, 11/13/84......... 75-10-405, MCA

9. Interim Status Standards Applicability, 40 FR 75-10-405, MCA

46095, 11/21/82.

10. Corrections to Test Methods Manual, 49 FR 75-10-405, MCA

47391, 12/2/84.

11. Satellite Accumulation, 49 FR 49571, 12/20/84. 75-10-405, MCA

12. Definition of Solid Waste, 50 FR 614, 1/4/85.. 75-10-405, MCA

13. Interim Status Standards for TSDF's, 50 FR 75-10-405, MCA

16044, 4/23/85.

14. Financial Responsibility: Settlement 75-10-405, MCA

Agreement, 51 FR 16443, 5/2/86.

15. Listing of Spent Pickle Liquor (K062), 51 FR 75-10-404, MCA, 75-

19320, 5/28/86. 10-405, MCA

16. Liability Coverage, 51 FR 25350, 7/11/86...... 75-10-405, MCA

17. Standards for Hazardous Waste Storage and 75-10-405, MCA

Treatment Tank Systems, 51 FR 25470, 7/14/86.

18. Corrections to Listings of Commercial Chemical 75-10-405, MCA

Products and Appendix VIII Constituents, 51 FR

28296, 8/6/86.

19. Revised Manual SW-846; Amended Incorporation 75-10-405, MCA

by Reference, 52 FR 8072, 3/16/87.

20. Closure/Post-Closure for Interim Status 75-10-405, MCA

Surface Impoundments, 52 FR 8704, 3/19/87.

21. Definition of Solid Waste Technical 75-10-405, MCA

Corrections, 52 FR 21306, 6/5/87.

22. Amendments to Part B Information Requirements 75-10-405, MCA

for Disposal Facilities, 52 FR 23447, 6/22/87.

23. List (Phase 1) of Hazardous Constituents for 75-10-405, MCA, 75-

Ground-Water Monitoring, 52 FR 25942, 7/9/87. 10-406, MCA

24. Identification and Listing of Hazardous Waste, 75-10-405(a), MCA

52 FR 26012, 7/10/87.

25. Liability Requirements for Hazardous Waste 75-10-405, MCA

Facilities; Corporate Guarantee, 52 FR 44314, 11/

18/87.

26. Hazardous Waste Miscellaneous Units, 52 FR 75-10-405, MCA

46946, 12/10/87.

27. Technical Corrections; Identification and 75-10-405(a), MCA

Listing of Hazardous Waste, 53 FR 13382, 4/22/88.

28. Generators of 100 to 1000 kg of Hazardous 75-10-404, MCA

Waste, 51 FR 10146, 3/24/86.

29. Biennial Report Correction, 51 FR 28556, 8/8/ 75-10-405, MCA, 75-

86. 10-204, MCA

30. Identification and Listing of Hazardous 75-10-405, MCA

Wastes; Technical Correction, 53 FR 27162, 7/19/

88.

31. Availabili ty of Information, Section 3006(f), 75-10-405, MCA, 30-

11/8/84. 14-401, MCA

32. Radioactive Mixed Waste, 51 FR 24504, 7/3/86.. 75-10-405, MCA

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Montana's program revisions include a requirement that

conditionally exempt small quantity generators keep records of waste

analyses for three years (ARM 16.44.402(2)(d)). This provision is

broader in scope than the federal requirement and is not a part of the

federally authorized program. Requirements more stringent than those of

the federal program are found in ARM 16.44.402(3) and 16.44.109(19).

These provisions require annual, rather than biennial, reporting for

state generators and treatment, storage, and disposal facilities. More

stringent provisions are a part of the federally authorized program.

C. Decision

I conclude that Montana's application for program revision meets

all of the statutory and regulatory requirements established by RCRA.

Accordingly, Montana is granted final authorization to operate its

hazardous waste program as revised.

Because the State of Montana and the Environmental Protection

Agency may have potential disagreement as to the scope of the State's

jurisdiction over certain lands within ``Indian Country'', as defined

in 18 U.S.C. 1151, Montana has not requested authorization of its

hazardous waste program, as revised, within ``Indian Country'' in

Montana. Accordingly, today's decision to grant Montana final hazardous

waste authorization, as revised, does not extend to ``Indian Country''.

The Environmental Protection Agency retains all hazardous waste

authority under RCRA which applies to ``Indian Country'' in Montana.

Montana now has responsibility for permitting treatment, storage,

and disposal facilities within its borders and carrying out other

aspects of the RCRA program, subject to the limitation of its revised

program application and previously approved authorities. Montana also

has primary enforcement responsibilities, although EPA retains the

right to conduct inspections under section 3007 of RCRA and to issue

orders under sections 3008, 3013, and 7003 of RCRA.

Montana has submitted draft applications for the hazardous waste

program provisions in clusters non-HSWA V and VI, HSWA I and II, and

RCRA I and II.

Compliance With Executive Order 12866

The Office of Management and Budget has exempted this rule from the

requirements of section 6 of Executive Order 12866.

Certification Under the Regulatory Flexibility Act

Pursuant to the provisions of 4 U.S.C. 605(b), I hereby certify

that this authorization will not have a significant economic impact on

a substantial number of small entities. This authorization effectively

suspends the applicability of certain Federal regulations in favor of

Montana's program, thereby eliminating duplicative requirements for

handlers of hazardous waste in the State. It does not impose any new

burdens on small entities. This rule, therefore, does not require a

regulatory flexibility analysis.

List of Subjects in 40 CFR Part 271

Environmental protection, Administrative practice and procedure,

Confidential business information, Hazardous materials transportation,

Hazardous waste, Indian lands, Intergovernmental relations, Penalties,

Reporting and recordkeeping requirements, Water pollution control,

Water supply.

Authority: This notice 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: December 30, 1993.

Jack W. McGraw,

Acting Regional Administrator.

[FR Doc. 94-1246 Filed 1-18-94; 8:45 am]

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