Michigan: Final Authorization to Revisions to State Hazardous Waste Management Program

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-5093-2]

Michigan: Final Authorization to Revisions to State Hazardous

Waste Management Program

AGENCY: Environmental Protection Agency.

ACTION: Notice of proposed rulemaking and public comment period.

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SUMMARY: Michigan has applied for final authorization of revisions to

its hazardous waste management program under the Resource Conservation

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

Environmental Protection Agency (EPA) has reviewed Michigan's

application and has reached a decision, subject to public review and

comment, that these hazardous waste management program revisions

satisfy all of the requirements necessary to qualify for final

authorization. Thus, EPA intends to approve Michigan's hazardous waste

management program revisions. Michigan's application for program

revision is available for public review and comment.

DATES: All comments on this proposed rulemaking must be received by

4:30 p.m. central time on November 21, 1994.

ADDRESSES: Copies of the State of Michigan's final Authorization

Revision Application are available during normal business hours at the

following addresses for inspection and copying: Library of Michigan,

Government Documents Section, 717 West Allegan, Lansing, Michigan;

Olson Library, Northern Michigan University, Harden Circle Drive,

Marquette, Michigan; Ms. Judy Feigler, US EPA Region 5, RCRA Regulatory

Development Section, 77 West Jackson, Seventh Floor, Chicago, Illinois.

Written comments should be sent to: Ms. Judy Feigler, RCRA Regulatory

Development Section (HRM-7J), USEPA, Region 5, 77 West Jackson,

Chicago, Illinois.

FOR FURTHER INFORMATION CONTACT: Ms. Judy Feigler, RCRA Regulatory

Development Section, at the USEPA address noted above or telephone 312/

886-4179.

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 management program.

When either EPA's or a State program's controlling statutory or

regulatory authority is modified or supplemented, or when certain other

changes occur, revisions to State hazardous waste management programs

may be necessary. Most commonly, State program revisions are

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

through 268, and 270. The procedures that States and EPA must follow

for revision of State programs are found at 40 CFR 271.21.

B. Michigan

The State of Michigan initially received final authorization for

its hazardous waste management program effective on October 30, 1986

(51 FR 36804-36805, October 16, 1986). Subsequently, Michigan received

authorization for revisions to its program effective on January 23,

1990 (54 FR 225, November 24, 1989), June 24, 1991 (56 FR 18517, April

23, 1991), and November 30, 1993 (58 FR 51244, October 1, 1993).

On November 8, 1991, the Governor of Michigan issued Executive

Order 1991-31, which resulted in reorganization of the Michigan

Department of Natural Resources (MDNR), the State agency that

administers the RCRA program in the State of Michigan. However, the

Order did not immediately take effect due to court challenges by the

State House of Representatives and environmental groups. A State

Supreme Court ruling on September 2, 1993, upheld the Governor's power

to organize the executive branch and lifted the stay on the Order,

making the Order immediately effective on September 2, 1993.

On March 10 and August 18, 1994, Michigan submitted an application

seeking authorization of the revised program. The application consisted

of a modified program description, a statement by the Michigan Attorney

General, and an addendum to the memorandum of agreement between the

State and EPA outlining the policies, responsibilities and procedures

under which the program is administered.

EPA has reviewed Michigan's application and has determined that the

MDNR's operation of the State hazardous waste management program

continued on and after September 2, 1993, without interruption, and the

MDNR has continued to act as the lead State agency responsible for

administering the program. EPA has also determined that the reorganized

MDNR did not result in significant modification of Michigan's hazardous

waste management program, nor did the Order transfer any part of the

program from the approved State agency to any other State agency.

Therefore, EPA does not view the reorganization as a transfer within

the purview of Sec. 271.21(c).

Consequently, EPA has made a decision, subject to public review and

comment, that Michigan's hazardous waste program, as revised, satisfies

all of the requirements necessary to qualify for final authorization.

The public may submit written comments on EPA's decision up until

November 21, 1994. Copies of Michigan's application are available for

inspection and copying at the locations indicated in the Addresses

section of this notice.

Approval of Michigan's program revision shall become effective when

the Regional Administrator's final approval is published in the Federal

Register. If adverse comment pertaining to Michigan's program revision

is received during the comment period, EPA will publish either: (1) A

notice of disapproval; or (2) a final rulemaking approving the

modifications, which would include appropriate comment response.

If final approval is granted, Michigan will maintain final

authorization to operate its hazardous waste management program as

revised. MDNR will continue to have 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. Michigan also will maintain 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.

Michigan is not seeking authority to operate the Federal program on

Indian lands. This authority will remain with EPA unless provided

otherwise in a future statute or regulation.

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, nor will it 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: September 30, 1994.

Valdas V. Adamkus,

Regional Administrator.

[FR Doc. 94-25919 Filed 10-20-94; 8:45 am]

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