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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-4848-7]

Mississippi; Final Authorization of Revisions to State Hazardous

Waste Management Program

AGENCY: Environmental Protection Agency.

ACTION: Immediate final rule.

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

SUMMARY: Mississippi has applied for final authorization of revisions

to its hazardous waste program under the Resource Conservation and

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

contained in HSWA Cluster I except checklist 17L Corrective Action and

checklist 17P Interim Status. These requirements are listed in section

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

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

public review and comment, that Mississippi's hazardous waste program

revisions satisfy all of the requirements necessary to qualify for

final authorization. Thus, EPA intends to approve Mississippi's

hazardous waste program revisions. Mississippi's application for

program revisions is available for public review and comment.

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

effective May 17, 1994 unless EPA publishes a prior Federal Register

action withdrawing this immediate final rule. All comments on

Mississippi's program revision application must be received by the

close of business, April 18, 1994.

ADDRESSES: Copies of Mississippi's program revision application are

available during 8 a.m. to 4:30 p.m. at the following addresses for

inspection and copying: Mississippi Department of Environmental

Quality, 2380 Highway 80 West, P.O. Box 10385, Jackson, Mississippi

39209, (601) 961-5062; U.S. EPA, Region IV, Library, 345 Courtland

Street NE., Atlanta, Georgia 30365; (404) 347-4216. Written comments

should be sent to Al Hanke at the address listed below.

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 (Pub. L. 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 124, 260 through 268 and 270.

B. Mississippi

Mississippi initially received final authorization for its base

RCRA program effective on June 27, 1984. Mississippi received

authorization for revisions to its program on October 17, 1988, October

9, 1990, May 28, 1991, August 27, 1991, July 10, 1992, June 7, 1993,

and December 20, 1993.

On October 26, 1989, and November 25, 1992, Mississippi submitted a

program revision application for additional program approvals. Today,

Mississippi is seeking approval of its program revisions in accordance

with 40 CFR 271.21(b)(3).

EPA has reviewed Mississippi's application and has made an

immediate final decision that Mississippi'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 Mississippi.

The public may submit written comments on EPA's immediate final

decision up until April 18, 1994.

Copies of Mississippi'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 Mississippi's program

revisions shall become effective May 17, 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.

Mississippi is today seeking authority to administer the following

Federal requirements promulgated on November 8, 1984-June 30, 1987, for

HSWA I.

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

FR

Federal requirement FR reference promulgation

date

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

Checklist 14:

Dioxin waste listing and management 50 FR 1978 11/14/85

standards.

Checklist 16:

Paint filter test................... 50 FR 18370 4/30/85

HSWA codification rule:

Checklist 17A Small quantity 50 FR 28702 7/15/85

generators.

Checklist 17B Delisting

Checklist 17C Household waste

Checklist 17D Waste minimization

Checklist 17E Location standards for

salt domes, salt beds; underground

mines and caves

Checklist 17F Liquids in landfills

Checklist 17G Dust supression

Checklist 17H Double liners

Checklist 17I Groundwater monitoring

Checklist 17J Cement kilns

Checklist 17K Fuel labeling

Checklist 17M Pre-construction ban

Checklist 17N Permit life

Checklist 17O Imnibus provision

Checklist 17Q Research and

development permits

Checklist 17R Hazardous waste

exports

Checklist 17S Exposure information

Checklist 18:

Listing of TDI, DNT, and TDA wastes. 50 FR 42936 10/23/85

Checklist 19:

Burning of waste fuel and used oil 50 FR 49164 11/29/85

fuel in boilers and industrial 51 FR 41900 11/19/86

furnaces. 52 FR 11819 4/13/87

Checklist 20:

Listing of spent solvents........... 50 FR 53315 12/31/85

Checklist 21:

Listing of EDB wastes............... 51 FR 5330 2/13/86

Checklist 22:

Listing of four spent solvents...... 51 FR 6541 2/25/86

Checklist 23:

Generators of 100 to 1000 kg 51 FR 10174 3/24/86

hazardous waste.

Checklist 25:

Codification rule, technical 51 FR 19176 5/28/86

correction.

Checklists 30:

Biennial report correction 51 FR 28556 8/2/86

production wastes.

Checklist 31:

Exports of hazardous waste.......... 51 FR 28664 8/8/86

Checklist 32:

Standards for generators--waste 51 FR 55190 10/1/86

minimization certifications.

Checklist 33:

Listing of EDBC..................... 51 FR 37725 10/24/86

Checklist 34:

Land disposal restrictions.......... 51 FR 40572 11/7/86

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

Mississippi's application for these program revisions meet all of

the statutory and regulatory requirements established by RCRA.

Accordingly, Mississippi is granted final authorization to operate its

hazardous waste program as revised.

Mississippi 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 and previously approved authorities.

Mississippi 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

Mississippi'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: March 2, 1994.

John H. Hankinson, Jr.,

Regional Administrator.

[FR Doc. 94-6457 Filed 3-17-94; 8:45 am]

BILLING CODE 6560-50-P