Minnesota: Final Authorization of State Hazardous Waste Management Program Revisions

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-4828-1]

Minnesota: Final Authorization of State Hazardous Waste

Management Program Revisions

AGENCY: Environmental Protection Agency.

ACTION: Immediate final rule.

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SUMMARY: Minnesota has applied for final authorization of revisions to

its hazardous waste program under the Resource Conservation and

Recovery Act (RCRA) of 1976 as amended. The Environmental Protection

Agency (EPA) has reviewed Minnesota's application and has reached a

decision, subject to public review and comment, that these hazardous

waste program revisions satisfy all the requirements necessary to

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

authorization to Minnesota to operate its expanded program, subject to

authority retained by EPA under the Hazardous and Solid Waste

Amendments of 1984 (Pub. L. 98-616, November 8, 1984, hereinafter

``HSWA'').

EFFECTIVE DATE: Final authorization for Minnesota's program revisions

shall be effective March 21, 1994, unless EPA publishes a prior Federal

Register (FR) action withdrawing this immediate final rule. All

comments on Minnesota's final authorization must be received by 4:30

p.m. central time on February 22, 1994. If an adverse comment is

received, EPA will publish either: (1) A withdrawal of this immediate

final rule or (2) a notice containing a response to the comment which

either affirms that the immediate final decision takes effect or

reverses the decision.

ADDRESSES: Copies of Minnesota's final authorization application are

available for inspection and copying from 9 a.m. to 4 p.m. at the

following addresses: Ms. Carol Nankivel, Supervisor, Rules Unit,

Minnesota Pollution Control Agency, 520 Lafayette Road, St. Paul,

Minnesota 55155, Phone 612/297-8369; Ms. Christine Klemme, USEPA,

Region V, Office of RCRA, 77 W. Jackson, 7th Floor, Chicago, Illinois

60604, Phone (312) 886-3715. Written comments should be sent to Ms.

Christine Klemme, USEPA, Region V, Program Management Branch, Office of

RCRA, 77 W. Jackson, HRM-7J, Chicago, Illinois 60604, Phone (312) 886-

3715.

FOR FURTHER INFORMATION CONTACT: Christine Klemme, Minnesota Regulatory

Specialist, U.S. Environmental Protection Agency, Region V, Office of

RCRA, Program Management Branch, Regulatory Development Section, HRM-

7J, 77 W. Jackson, Chicago, Illinois 60604, (312) 886-3715.

SUPPLEMENTARY INFORMATION

A. Background

States with final authorization under section 3006(b) of RCRA, 42

U.S.C. 6926(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.

In accordance with 40 CFR 271.21(a), 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 necessary because of changes

to EPA's regulations in 40 CFR parts 124, 260-268, and 270.

B. Minnesota

Minnesota initially received final authorization for its base RCRA

program effective on February 11, 1985 (see 50 FR 3756, January 28,

1985). Effective on September 18, 1987; June 23, 1989; August 14, 1990;

August 23, 1991; May 18, 1992, and May 17, 1993 (see 52 FR 27199, July

20, 1987; 54 FR 16361, April 24, 1989; 55 FR 24232, June 15, 1990; 56

FR 28709, June 24, 1991; 57 FR 9501, March 19, 1992, and 58 FR 14321,

March 17, 1993, respectively), Minnesota received authorization for

additional program revisions.

The Minnesota Pollution Control Agency completed a revision

application on November 18, 1993. EPA reviewed this application and

made an immediate final decision that Minnesota's hazardous waste

program revision satisfies all the requirements necessary to qualify

for final authorization. Consequently, EPA intends to grant Minnesota

final authorization for this additional program revision.

On March 21, 1994, (unless EPA publishes a prior FR action

withdrawing this immediate final rule), Minnesota will be authorized to

carry out, in lieu of the Federal program, those provisions of the

State's program which are analogous to the following provisions of the

Federal program:

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Federal requirement Analogous state authority

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Delay of Closure Period for MN 7045.0458(1) & (2); 7045.0478(2);

Hazardous Waste Management 7045.0486(5)(B); 7045.0488(1),(2), &

Facilities, August 14, 1989 (54 (2a); 7045.0502(1); 7045.0564(1) &

FR 33376). (2); 7045.0594(3); 7045.0596(1),

(2), and (2a); 7045.0610(1);

effective 11/25/91.

Changes to Part 124 Not Accounted MN 7001.0020; 7001.0030; 7001.0050;

for by Present Checklists, 7001.0060; 7001.0100(2 & 5);

January 4, 1989 (54 FR 246). 7001.0130(2); 7001.0150(2);

7001.0190; 7001.0200; 7001.0520(7);

7001.0650(5); 7001.0670(3);

7001.0720; effective 11/25/91.

*Listing of 1,1-Dimethylhydrazine MN 7045.0065; 7045.0135(3);

Production Wastes, May 2, 1990 7045.0139; effective 4/27/92.

(55 FR 18496).

*Toxicity Characteristics-- MN 7045.0120(K&Q); 7045.0131(7&8);

Correction 1, June 29, 1990 (55 7045.0135; 7045.0634(3a); effective

FR 26986). 1/9/91.

*Organic Air Emission Standards MN 7001.0560; 7001.0625; 7001.0626;

for Process Vents and Equipment 7045.0065; 7045.0125(9); 7045.0547;

Leaks, June 21, 1990 (55 FR 7045.0452(5); 7045.0458(2);

25454). 7045.0478(3); 7045.0482(4);

7045.0548; 7045.0564(2);

7045.0556(5); 7045.0584(3);

7045.0588(4); 7045.0647; 7045.0648;

effective 4/27/92.

*Toxicity Characteristics: MN 7045.0120; effective 8/17/92.

Refrigerants, February 13, 1991

(56 FR 5910).

Removal of Strontium Sulfide from MN 7045.0135(4)(E); 7045.0141(18);

List of Hazardous Wastes: effective 10/23/90.

Amendment, February 25, 1991 (56

FR 7657).

Mining Waste Exclusion III, June MN 7045.0120; effective 11/18/88.

13, 1991, (56 FR 27300).

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*indicates HSWA Requirement.

EPA shall administer any RCRA hazardous waste permits or portions

of permits that contain conditions based upon the Federal program

provisions for which the State is applying for authorization, and which

were issued by EPA prior to the effective date of this authorization.

EPA will suspend issuance of any further permits under the provisions

for which the State is being authorized on the effective date of this

authorization. EPA has previously suspended issuance of permits for the

other provisions on February 11, 1985, September 18, 1987, June 23,

1989, August 14, 1990, August 23, 1991, May 18, 1992, and May 17, 1993,

the effective dates of Minnesota's final authorization for the RCRA

base program, and for subsequent program revisions.

Minnesota is not authorized to operate the Federal program on

Indian lands. This authority remains with EPA unless provided otherwise

in a future statute or regulation.

C. Decision

I conclude that Minnesota's program revision application meets all

the statutory and regulatory requirements established by RCRA and its

amendments. Accordingly, EPA grants Minnesota final authorization to

operate its hazardous waste program as revised. Minnesota currently has

responsibility for permitting treatment, storage, and disposal

facilities within its borders and carrying out other aspects of the

RCRA program and its amendments. Minnesota also has primary enforcement

responsibilities, although EPA retains the right to conduct inspections

under section 3007 of RCRA, and to take enforcement actions under

sections 3008, 3013, and 7003 of RCRA.

E. Incorporation by Reference

EPA incorporates by reference authorized State programs in 40 CFR

part 272 to provide notice to the public of the scope of the authorized

program in each State. Incorporation by reference of the Minnesota

program will be completed at a later date.

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 5 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

Minnesota'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.

Paperwork Reduction Act

Under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., Federal

agencies must consider the paperwork burden imposed by any information

request contained in a proposed rule or a final rule. This rule will

not impose any information requirements upon the regulated community.

Lists 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 and 6974(b)).

Dated: December 23, 1993.

Valdas V. Adamkus,

Regional Administrator.

[FR Doc. 94-1399 Filed 1-19-94; 8:45 am]

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