

[Federal Register: May 11, 2006 (Volume 71, Number 91)]
[Rules and Regulations]               
[Page 27405-27408]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11my06-5]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R04-RCRA-2006-0429; FRL-8168-4]

 
Tennessee: Final Authorization of State Hazardous Waste 
Management Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate final rule.

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SUMMARY: Tennessee has applied to EPA for final authorization of the 
changes to its hazardous waste program under the Resource Conservation 
and Recovery Act (RCRA). EPA proposes to grant Final authorization to 
Tennessee. In the

[[Page 27406]]

``Rules and Regulations'' section of this Federal Register, EPA is 
authorizing the changes by an immediate final rule. EPA did not make a 
proposal prior to the immediate final rule because we believe this 
action is not controversial and do not expect comments that oppose it. 
We have explained the reasons for this authorization in the preamble of 
the immediate final rule. Unless we get written comments which oppose 
this authorization during the comment period, the immediate final rule 
will become effective on the date it establishes, and we will not take 
further action on this proposal. If we receive comments that oppose 
this action, we will withdraw the immediate final rule and it will not 
take effect. We will respond to public comments in a later final rule 
based on this proposal. You may not have another opportunity for 
comment.

DATES: Final authorization will become effective on July 10, 2006 
unless EPA receives adverse written comment on or before June 12, 2006. 
If EPA receives such comment, it will publish a timely withdrawal of 
this immediate final rule in the Federal Register and inform the public 
that this authorization will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
RCRA-2006-0429 by one of the following methods:
     http://www.regulations.gov: Follow the on-line 

instructions for submitting comments.
     E-mail: Gleaton.Gwen@epa.gov.
     Fax: (404) 562-8439 (prior to faxing, please notify the 
EPA contact listed below)
     Mail: Send written comments to Gwen Gleaton, RCRA Services 
Section, RCRA Programs Branch, Waste Management Division, U.S. 
Environmental Protection Agency, The Sam Nunn Atlanta Federal Center, 
61 Forsyth Street, SW., Atlanta, Georgia 30303-8960.
     Hand Delivery: Gwen Gleaton, RCRA Services Section, RCRA 
Programs Branch, Waste Management Division, U.S. Environmental 
Protection Agency, The Sam Nunn Atlanta Federal Center, 61 Forsyth 
Street, SW., Atlanta, Georgia 30303-8960. Such deliveries are only 
accepted during the office's normal hours of operation, and special 
arrangements should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R04-RCRA-
2006-0429. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov including any personal information provided, 

unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site is an ``anonymous 

access'' system, which means EPA will not know your identity or contact 
information unless you provide it in the body of your comment. If you 
send an e-mail comment directly to EPA without going through http://www.regulations.gov
, your e-mail address will be automatically captured 

and included as part of the comment that is placed in the public docket 
and made available on the Internet. If you submit an electronic 
comment, EPA recommends that you include your name and other contact 
information in the body of your comment and with any disk or CD-ROM you 
submit. If EPA cannot read your comment due to technical difficulties 
and cannot contact you for clarification, EPA may not be able to 
consider your comment. Electronic files should avoid the use of special 
characters, any form of encryption, and be free of any defects or 
viruses. (For additional information about EPA's public docket, visit 
the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm
).

    Docket: All documents in the docket are listed in the http://www.regulations.gov
 index. Although listed in the index, some 

information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in http://www.regulations.gov or in hard copy. You may view and copy 

Tennessee's application at The EPA Region 4, Library, The Sam Nunn 
Atlanta Federal Center, 61 Forsyth Street, SW., Atlanta, Georgia 30303-
8960. The Library is open from 8:30 a.m. to 4 p.m. Monday through 
Friday, excluding legal holidays. The Library telephone number is (404) 
562-8190.
    You may also view and copy Tennessee's application from 8 a.m. to 
4:30 p.m. at the following address: Tennessee Department of Environment 
and Conservation, Division of Solid Waste Management, 5th Floor, L & C 
Tower, 401 Church Street, Nashville, Tennessee 37243-1535.

FOR FURTHER INFORMATION CONTACT: Gwen Gleaton, RCRA Services Section, 
RCRA Programs Branch, Waste Management Division, EPA Region 4, The Sam 
Nunn Atlanta Federal Center, 61 Forsyth Street, SW., Atlanta, Georgia 
30303-8960; (404) 562-8500; fax number: (404) 562-8439; e-mail address: 
Gleaton.Gwen@epa.gov.


SUPPLEMENTARY INFORMATION: 

A. Why Are Revisions to State Programs Necessary?

    States which have received Final authorization from EPA under RCRA 
section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous waste 
program that is equivalent to, consistent with, and no less stringent 
than the Federal program. As the Federal program changes, States must 
change their programs and ask EPA to authorize the changes. Changes to 
State programs may be necessary when Federal or State statutory or 
regulatory authority is modified or when certain other changes occur. 
Most commonly, States must change their programs because of changes to 
EPA's regulations in 40 Code of Federal Regulations (CFR) parts 124, 
260 through 266, 268, 270, 273 and 279.

B. What Decisions Have We Made in This Rule?

    We conclude that Tennessee's application to revise its authorized 
program meets all of the statutory and regulatory requirements 
established by RCRA. Therefore, we grant Tennessee Final authorization 
to operate its hazardous waste program with the changes described in 
the authorization application. Tennessee has responsibility for 
permitting Treatment, Storage, and Disposal Facilities within its 
borders and for carrying out the aspects of the RCRA program described 
in its revised program application, subject to the limitations of the 
Hazardous and Solid Waste Amendments of 1984 (HSWA). New Federal 
requirements and prohibitions imposed by Federal regulations that EPA 
promulgates under the authority of HSWA take effect in authorized 
States before they are authorized for the requirements. Thus, EPA will 
implement those requirements and prohibitions in Tennessee, including 
issuing permits, until the State is granted authorization to do so.

C. What Is the Effect of This Authorization Decision?

    The effect of this decision is that a facility in Tennessee subject 
to RCRA will now have to comply with the authorized State requirements 
instead of the equivalent Federal requirements in

[[Page 27407]]

order to comply with RCRA. Tennessee has enforcement responsibilities 
under its State hazardous waste program for violations of such program, 
but EPA retains its authority under RCRA sections 3007, 3008, 3013, and 
7003, which include, among others, authority to:
     Perform inspections, and require monitoring, tests, 
analyses or reports.
     Enforce RCRA requirements and suspend or revoke permits.
     Take enforcement actions regardless of whether the State 
has taken its own actions.
    This action does not impose additional requirements on the 
regulated community because the regulations for which Tennessee are 
being authorized by today's action are already effective, and are not 
changed by today's action.

D. Why Wasn't There a Proposed Rule Before This Rule?

    EPA did not publish a proposal before today's rule because we view 
this as a routine program change and do not expect comments that oppose 
this approval. We are providing an opportunity for public comment now. 
In addition to this rule, in the proposed rules section of today's 
Federal Register, we are publishing a separate document that proposes 
to authorize the State program changes.

E. What Happens if EPA Receives Comments That Oppose This Action?

    If EPA receives comments that oppose this authorization, we will 
withdraw this rule by publishing a document in the Federal Register 
before the rule becomes effective. EPA will base any further decision 
on the authorization of the State program changes on the proposal 
mentioned in the previous paragraph. We will then address all public 
comments in a later final rule. You may not have another opportunity to 
comment. If you want to comment on this authorization, you must do so 
at this time.
    If we receive comments that oppose only the authorization of a 
particular change to the State hazardous waste program, we will 
withdraw that part of this rule but the authorization of the program 
changes that the comments do not oppose will become effective on the 
date specified above. The Federal Register withdrawal document will 
specify which part of the authorization will become effective, and 
which part is being withdrawn.

F. What Has Tennessee Previously Been Authorized For?

    Tennessee initially received final authorization on January 22, 
1985, effective February 5, 1985 (50 FR 2820) to implement the RCRA 
hazardous waste management program. We granted authorization for 
changes to Tennessee's program on March 14, 2005, effective May 13, 
2005 (70 FR 12416), April 11, 2003, effective June 10, 2003 (68 FR 
17748), December 26, 2001, effective February 25, 2002 (66 FR 66342), 
October 26, 2000, effective December 26, 2000 (65 FR 64161), September 
15, 1999, effective November 15, 1999 (64 FR 49998), January 30, 1998, 
effective March 31, 1998 (63 FR 45870), on May 23, 1996, effective July 
22, 1996 (61 FR 25796), on August 24, 1995, effective October 23, 1995 
(60 FR 43979), on May 8, 1995, effective July 7, 1995 (60 FR 22524), on 
June 1, 1992, effective July 31, 1992 (57 FR 23063), and on June 12, 
1987, effective August 11, 1987 (52 FR 22443).

G. What Changes Are We Authorizing With This Action?

    On January 12, 2006, Tennessee submitted a final complete program 
revision application, seeking authorization of its changes in 
accordance with 40 CFR 271.21. We now make an immediate final decision, 
subject to receipt of comments that oppose this action, that 
Tennessee's hazardous waste program revision satisfies all of the 
requirements necessary to qualify for Final authorization. Therefore, 
we grant final authorization for the following program changes:

------------------------------------------------------------------------
    Description of federal       Federal Register     Analogous state
          requirement             date and page        authority \1\
------------------------------------------------------------------------
203--Recycled Used Oil          68 FR 44659, 07/   Tennessee Revised
 Management Standards;           30/03.             Code 1200-1-11-
 Clarification.                                     .02(1)(e)10,
                                                    .11(2)(a),
                                                    .11(2)(a)9,
                                                    .11(8)(e),
                                                    .11(8)(e)2,
                                                    .11(8)(e)2(i)-(iv).
204--Performance Track........  69 FR 21737, 04/   Tennessee Revised
                                 22/04.             Code 1200-1-11-
                                                    .03(4)(e),
                                                    .03(4)(e)13,
                                                    .03(4)(e)13(i)-(ix),
                                                    .03(4)(e)13(ii)(I)-(
                                                    IV),
                                69 FR 62217, 10/   .03(4)(e)13(i)-(iii)(
                                 25/04.             I)-(IV),
                                                    .03(4)(e)13(v)(I)-(I
                                                    I),
                                                    .03(4)(e)13(ix)(I)-(
                                                    IV), .03(4)(e)14-15.
205--NESHAP: Surface Coating    69 FR 22601, 04/   Tennessee Revised
 of Automobiles and Light-Duty   26/04.             Code 1200-1-11-
 Trucks.                                            .06(31)(a),
                                                    .06(31)(a)8,
                                                    .05(28)(a),
                                                    .05(28)(a)7.
------------------------------------------------------------------------
\1\ The Tennessee provisions are from the Tennessee Hazardous Waste
  Management Regulations effective August 23, 2005.

H. Where Are the Revised State Rules Different From the Federal Rules?

    There are no State requirements that are more stringent or broader 
in scope than the Federal requirements.

I. Who Handles Permits After the Authorization Takes Effect?

    Tennessee will issue permits for all the provisions for which it is 
authorized and will administer the permits it issues. EPA will continue 
to administer any RCRA hazardous waste permits or portions of permits 
which we issued prior to the effective date of this authorization until 
they expire or are terminated. We will not issue any more permits or 
new portions of permits for the provisions listed in the Table above 
after the effective date of this authorization. EPA will continue to 
implement and issue permits for HSWA requirements for which Tennessee 
is not authorized.

J. What Is Codification and Is EPA Codifying Tennessee's Hazardous 
Waste Program as Authorized in This Rule?

    Codification is the process of placing the State's statutes and 
regulations that comprise the State's authorized hazardous waste 
program into the Code of Federal Regulations. We do this by referencing 
the authorized State rules in 40 CFR part 272. We reserve the amendment 
of 40 CFR part 272, subpart RR for this authorization of Tennessee's 
program changes until a later date.

K. Administrative Requirements

    The Office of Management and Budget has exempted this action from 
the requirements of Executive Order 12866 (58 FR 51735, October 4, 
1993), and therefore this action is not subject to review by OMB. This 
action authorizes State requirements for the purpose of RCRA 3006 and 
imposes no additional requirements beyond those imposed by State law. 
Accordingly, I certify that this

[[Page 27408]]

action will not have a significant economic impact on a substantial 
number of small entities under the Regulatory Flexibility Act (5 U.S.C. 
601 et seq.). Because this action authorizes pre-existing requirements 
under State law and does not impose any additional enforceable duty 
beyond that required by State law, it does not contain any unfunded 
mandate or significantly or uniquely affect small governments, as 
described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4). 
For the same reason, this action also does not significantly or 
uniquely affect the communities of Tribal governments, as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000). This action will 
not have substantial direct effects on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government, 
as specified in Executive Order 13132 (64 FR 43255, August 10, 1999), 
because it merely authorizes State requirements as part of the State 
RCRA hazardous waste program without altering the relationship or the 
distribution of power and responsibilities established by RCRA. This 
action also is not subject to Executive Order 13045 (62 FR 19885, April 
23, 1997), because it is not economically significant and it does not 
make decisions based on environmental health or safety risks. This rule 
is not subject to Executive Order 13211, ``Actions Concerning 
Regulations That Significantly Affect Energy Supply, Distribution, or 
Use'' (66 FR 28355 (May 22, 2001)) because it is not a significant 
regulatory action under Executive Order 12866.
    Under RCRA 3006(b), EPA grants a State's application for 
authorization as long as the State meets the criteria required by RCRA. 
It would thus be inconsistent with applicable law for EPA, when it 
reviews a State authorization application, to require the use of any 
particular voluntary consensus standard in place of another standard 
that otherwise satisfies the requirements of RCRA. Thus, the 
requirements of section 12(d) of the National Technology Transfer and 
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required 
by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996), 
in issuing this rule, EPA has taken the necessary steps to eliminate 
drafting errors and ambiguity, minimize potential litigation, and 
provide a clear legal standard for affected conduct. EPA has complied 
with Executive Order 12630 (53 FR 8859, March 15, 1988) by examining 
the takings implications of the rule in accordance with the ``Attorney 
General's Supplemental Guidelines for the Evaluation of Risk and 
Avoidance of Unanticipated Takings'' issued under the executive order. 
This rule does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this document and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication in the Federal Register. A major rule cannot take effect 
until 60 days after it is published in the Federal Register. This 
action is not a ``major rule'' as defined by 5 U.S.C. 804(2). This 
action will be effective July 10, 2006.

List of Subjects in 40 CFR Part 271

    Environmental protection, Administrative practice and procedure, 
Confidential business information, Hazardous materials transportation, 
Hazardous waste, Indians-lands, Intergovernmental relations, Penalties, 
Reporting and recordkeeping requirements.

    Authority: This action 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: April 25, 2006.
A. Stanley Meiburg,
Deputy Regional Administrator, Region 4.
[FR Doc. 06-4397 Filed 5-10-06; 8:45 am]

BILLING CODE 6560-50-P
