Florida; Final Authorization of Revisions to State Hazardous Waste Management Program

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-5095-4]

Florida; Final Authorization of Revisions to State Hazardous

Waste Management Program

AGENCY: Environmental Protection Agency.

ACTION: Immediate final rule.

-----------------------------------------------------------------------

SUMMARY: Florida has applied for final authorization of revisions to

its hazardous waste program under the Resource Conservation and

Recovery Act (RCRA). Florida's revisions consist of the provisions

contained in the rules promulgated between July 1, 1987, and June 30,

1990, otherwise known as HSWA Cluster II. These requirements are listed

in Section B of this notice. The Environmental Protection Agency (EPA)

has reviewed Florida's application and has made a decision, subject to

public review and comment, that the Florida hazardous waste program

revisions satisfy all of the requirements necessary to qualify for

final authorization. Thus, EPA intends to approve Florida's hazardous

waste program revisions. Florida's application for program revisions is

available for public review and comment.

DATES: Final authorization for Florida's program revisions shall be

effective December 27, 1994 unless EPA publishes a prior Federal

Register action withdrawing this immediate final rule. All comments on

Florida's program revision application must be received by the close of

business, November 25, 1994.

ADDRESSES: Written comments should be sent to A.R. Hanke, Chief, State

Programs Section, Waste Programs Branch, Waste Management Division,

U.S. EPA, 345 Courtland Street, NE, Atlanta, Georgia 30365. Copies of

Florida's program revision application are available during normal

business hours at the following addresses for inspection and copying:

Florida Department of Environmental Protection, 2600 Blair Stone Road,

Tallahassee, Florida 32399-2400, phone (904) 488-0300; U.S. EPA Region

IV, Library, 345 Courtland Street, NE, Atlanta, Georgia 30365; (404)

347-4216.

FOR FURTHER INFORMATION CONTACT: Al Hanke, Chief, State Programs

Section, Waste Programs Branch, Waste Management Division, U.S.

Environmental Protection Agency, 345 Courtland Street, NE, Atlanta,

Georgia 30365; (404) 347-2234.

SUPPLEMENTARY INFORMATION:

A. Background

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

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

interim measure, the Hazardous and Solid Waste Amendments of 1984

(Public Law 98-616, November 8, 1984, hereinafter ``HSWA'') allows

States to revise their programs to become substantially equivalent

instead of equivalent to RCRA requirements promulgated under HSWA

authority. States exercising the latter option receive ``interim

authorization'' for the HSWA requirements under Section 3006(g) of

RCRA, 42 U.S.C. 6926(g), and later apply for final authorization for

the HSWA requirements.

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 260-268

and 124 and 270.

B. Florida

Florida initially received final authorization for its base RCRA

program effective on February 12, 1985, (50 FR 3908, January 29, 1985).

Florida received authorization for revisions to its program on April 6,

1992, for Non-HSWA III, IV, and V, and on January 10, 1994 for HSWA I

without Corrective Action. Today, Florida is seeking approval of its

program revisions in accordance with 40 CFR 271.21(b)(3).

EPA has reviewed Florida's application and has made an immediate

final decision that Florida'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 Florida. The public may submit

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

25, 1994. Copies of Florida's application for these program revisions

are available for inspection and copying at the locations indicated in

the Addresses section of this notice.

Approval of Florida's program revisions shall become effective

December 27, 1994, unless an adverse comment pertaining to the State's

revisions 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.

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.

Florida is today seeking authority to administer the following

Federal requirements.

----------------------------------------------------------------------------------------------------------------

Checklist Description FR date and page Florida rule

----------------------------------------------------------------------------------------------------------------

39.......... CA List Waste Restrictions....... 7/8/87, 52 FR 25760......... 403.704(15), 403.721(2) 17-

730.021, 730.180, 730.183.

42.......... Exception Reporting for SQGs of 9/23/87, 52 FR 35894........ 403.704, 403.721, 17-730.160.

Hazardous Waste.

44A......... Permit Application Requirements 12/1/87, 52 FR 45788........ 403.721, 403.722, 17-730.220.

RE: Corrective Action.

44E......... Permit as a Shield Provision..... 12/1/87, 52 FR 45788........ 403.721, 17-730.220.

44F......... Permit Conditions................ 12/1/87, 52 FR 45788........ 403.704, 403.721, 403.722, 17-

730.220, 17-730.280.

44G......... Post Closure Permits Equivalency 12/1/87, 52 FR 45788........ 403.721, 403.722, 17-730.220, 17-

Determination. 730.260.

50.......... LDR for 1st Third Scheduled Waste 8/17/88, 53 FR 31138; 2/27/ 403.703, 403.721, 17-730.180, 17-

89, 54 FR 8264. 730.181, 17-730.183.

62.......... LDR Amendments to 1st Third 5/2/89, 54 FR 18836......... 403.703, 403.721, 17-730.183.

Scheduled Waste.

63.......... LDR for 2nd Third Scheduled Waste 6/23/89, 54 FR 26594........ 403.703, 403.721, 17-730.183.

66.......... LDR; Correction to 1st Third 9/6/89, 54 FR 36967......... 403.703, 403.721, 17-730.181, 17-

Scheduled Wastes. 730.183.

68.......... Reportable Quantity Adjustment 10/6/89, 54 FR 41402........ 403.72, 17-730.030.

Methyl Bromide Production Wastes.

69.......... Reportable Quantity Adjustment... 12/11/89, 54 FR 50968....... 403.72, 17-730.030.

75.......... Listing of 1,1-Dimethylhydrazine 5/2/90, 55 FR 18496......... 403.72, 17-730.030.

Production Wastes.

78.......... LDR for 3rd Third Scheduled 6/1/90, 55 FR 22520......... 403.704, 403.72, 403.721, 17-

Wastes. 730.030, 17-730.180, 17-730.183.

79.......... Organic Air Emission Standards 6/21/90, 55 FR 25454........ 403.087, 403.721, 403.722, 17-

for Process Vents and Equipment 730.021, 17-730.030, 17-730.180.

Leaks.

----------------------------------------------------------------------------------------------------------------

C. Decision

I conclude that Florida's application for these program revisions

meets all of the statutory and regulatory requirements established by

RCRA. Accordingly, Florida is granted final authorization to operate

its hazardous waste program as revised.

Florida 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 limitations of its program

revision application, its previously approved authorities and where

otherwise noted in this Notice. Florida 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.

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

Florida'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

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: October 13, 1994.

Patrick M. Tobin,

Acting Regional Administrator.

[FR Doc. 94-26249 Filed 10-25-94; 8:45 am]

BILLING CODE 6560-50-P