Wisconsin: Authorization of State Hazardous Waste Management Program

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-5027-4]

Wisconsin: Authorization of State Hazardous Waste Management

Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate final rule.

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SUMMARY: Wisconsin has applied for final authorization of revisions to

its hazardous waste program under the Resource Conservation and

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

Protection Agency (EPA) has reviewed Wisconsin'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 Wisconsin 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 Wisconsin shall be effective on

October 4, 1994, unless EPA publishes a prior Federal Register (FR)

action withdrawing this immediate final rule. All comments on

Wisconsin's final authorization must be received by 4:30 p.m. central

time on September 6, 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 Wisconsin's final Authorization Revision

Application are available from 9 a.m. to 4 p.m., at the following

addresses for inspection and copying: Mr. Al Matano, Wisconsin

Department of Natural Resources, 101 S. Webster, Third Floor, Madison,

Wisconsin 53707, Phone 608/267-3531; Ms. Margaret Millard, U.S. EPA

Region V, Office of RCRA, 77 W. Jackson, Seventh Floor, Chicago,

Illinois 60604, Phone 312/353-1440. Written comments should be sent to

Ms. Margaret Millard, U.S. EPA Region V, Office of RCRA, 77 W. Jackson

(HRM-7J), Chicago, Illinois, 60604, Phone 312/353-1440.

FOR FURTHER INFORMATION CONTACT: Margaret Millard, Wisconsin

Regulatory Specialist, U.S. EPA Region V, HRM-7J, 77 West Jackson

Blvd., Chicago, Illinois, 60604, (312) 353-1440.

SUPPLEMENTARY INFORMATION:

A. Background

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

In accordance with 40 CFR 271.21, 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, 260-266, 268, and 270.

B. Wisconsin

Wisconsin initially received final authorization for its program

effective January 31, 1986 (51 FR 3783). Subsequently, Wisconsin

received authorization for revisions to its program, which became

effective on June 6, 1989 (54 FR 22278), January 22, 1990 (54 FR

48243), April 24, 1992 (57 FR 15029), and August 2, 1993 (58 FR 31344).

On March 16, 1994, Wisconsin submitted a program revision application

for additional program approvals. Today, Wisconsin is seeking approval

of its program revision in accordance with 40 CFR 271.21(b)(3).

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

final decision that Wisconsin's hazardous waste program revisions

satisfy all of the requirements necessary to qualify for final

authorization. Consequently, EPA intends to grant final authorization

for the additional program modifications to Wisconsin. The public may

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

September 6, 1994. Copies of Wisconsin's application for program

revision are available for inspection and copying at the locations

indicated in the ``Addresses'' section of this notice.

Approval of Wisconsin'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.

On October 4, 1994, (unless EPA publishes a prior FR action

withdrawing this immediate final rule), Wisconsin 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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Toxicity Characteristic Wisconsin Administrative Code (WAC) NR

Revisions, March 29, 605.05(1)(a)5,9,17; 605.13; 605.08(5)(a),(b);

1990, (55 FR 11798)*. 605.09(1)(b); 605.11; effective September 1,

1992.

Land Disposal WAC NR 605.08(1)(b),(2)(b),(3)(b),(4)(b), and

Restrictions for Third (5)(b); 605.09(2)(a),(3)(a)3 and (5)(b); 605

Third Scheduled Appendix III; 610.05(3); 615.06(3);

Wastes, June 1, 1990, 660.13(8)(c)6; 675.22(4) and (4)(a)-(d);

(55 FR 22520)*. 675.22(5); and 680.22(25); 615.05(4)(a)5;

660.13(3); 655.09; 680.22(32); 600.03; 675.03;

600.03(85),(89),(112),(149),(162),(239)(a)-(c)

; 600.03(109)(a)-(h); 675.06(1) and (2);

675.07(1)(c)1.b,(1)(d)1.b and (1)(e)1.b;

675.07(1)(i),(1)(i)1-3; 675.07(1)(j) and (k);

675.07(2)(d)1.b; 675.07(2)(e)1 and 3;

675.07(2)(g); 675.09(1)-(5); 675.16(1)(a)-(e),

(2)-(8); 675.20(1) and (3); 675.21(1);

675.22(1) and (1)(b); 675.22(1)(b) Tables 1,2,

and 3; 675.22(2)(a); 675.23(1); 675.23(1)

Table CCW; 675.23(3),(3)(a)-(c); 675

Appendices III,IV,V,VI, and VII; effective

September 1, 1992.

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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 has previously suspended issuance of permits for the other

provisions on January 31, 1986, June 6, 1989, January 22, 1990, April

24, 1992, and August 2, 1993, the effective dates of Wisconsin's final

authorization for the RCRA base program, and for subsequent program

revisions.

Wisconsin 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 Wisconsin's program revision meets all of the

statutory and regulatory requirements established by RCRA described in

its revised program application, subject to the limitations of the

HSWA. Accordingly, EPA grants Wisconsin final authorization to operate

its hazardous waste program as revised. Wisconsin 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. Wisconsin 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.

D. Codification in Part 272

EPA incorporates by reference authorized State programs in Part 272

of 40 CFR to provide notice to the public of the scope of the

authorized program in each State. Incorporation by reference of the

Wisconsin 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 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

Wisconsin'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.

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: June 30, 1994.

Valdas V. Adamkus,

Regional Administrator.

[FR Doc. 94-19164 Filed 8-4-94; 8:45 am]

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