This action does not impose additional requirements on the regulated community because the regulations for which Florida is 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 Today's 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withdrawal document will specify which part of the authorization will become effective, and which part is being withdrawn.
[[Page 53890]]

F. What Has Florida Previously Been Authorized for?

Florida initially received Final authorization on January 29, 1985, effective February 12, 1985 (50 FR 3908), to implement the RCRA hazardous waste management program. We granted authorization for changes to their program on December 1, 1987, effective March 3, 1988 (52 FR 45634), December 16, 1988, effective January 3, 1989 (53 FR 50529), December 14, 1990, effective February 12, 1991 (55 FR 51416), February 5, 1992, effective April 6, 1992 (57 FR 4371), February 7, 1992, effective April 7, 1992 (57 FR 4738), May 20, 1992, effective July 20, 1992 (57 FR 21351), November 9, 1993, effective January 10, 1994 (58 FR 59367), July 11, 1994, effective September 9, 1994 (59 FR 35266), August 16, 1994, effective October 17, 1994 (59 FR 41979), October 26, 1994, effective December 27, 1994 (59 FR 53753), April 1, 1997, effective June 2, 1997 (62 FR 15407), August 23, 2001, effective October 22, 2001 (66 FR 44307). The authorized Florida program was incorporated by reference into the CFR on January 20, 1998, effective March 23, 1998 (63 FR 2896). Florida received corrective action authority on September 18, 2000, effective November 18, 2000 (65 FR 56256).

G. What Changes Are We Authorizing With Today's Action?

On September 1, 1998, Florida submitted a final complete program revision application, seeking authorization of their changes in accordance with 40 CFR 271.21. Florida's revisions consist of provisions contained in RCRA Cluster VII promulgated between July 1, 1996 to June 30, 1997. We now make an immediate final decision, subject to receipt of written comments that oppose this action, that Florida's hazardous waste program revision satisfies all of the requirements necessary to qualify for Final authorization. Therefore, we grant Florida Final authorization for the following program changes: Effective

Description of Federal requirement Federal Register Analogous State authority date Checklist 151Land Disposal Restrictions 4/8/96, 61 FR 1556615660 403.721(2), (3), & (6), 2/4/00 Phase IIIDecharacterized Wastewaters, as amended. 403.8055, Florida Statute Carbamate Wastes, and Spent Potliners. 4/8/96, 61 FR 1566015668.. (F.S.) (1999). 4/30/96, 61 FR 19117....... Rule 62730.183, Florida 6/28/96, 61 FR 3368033690. Administrative Code 7/10/96, 61 FR 3641936421. (F.A.C.). 8/26/96, 61 FR 4392443931. 2/19/97, 62 FR 75027600... Checklist 153\1\Conditionally Exempt 7/1/96, 61 FR 3425234278.. 403.704(15), 403.72(1), and 2/4/00 Small Quantity Generator Disposal 403.8055, F.S. (1999). Options under Subtitle D. Rules 62701.300(4) and 62 730.030(1), F.A.C. Checklist 155Land Disposal Restrictions 1/14/97, 62 FR 19921997... 403.721(2), (3), & (6), 2/4/00 Phase IIIEmergency Extension of the 403.8055 F.S. (1999). K088 Capacity Variance. Rule 62730.183, F.A.C..... Checklist 156Military Munitions Rule: 2/12/97, 62 FR 66226657... 403.721(2), (3) & (4) and 2/4/00 Hazardous Waste Identification and 403.8055. F.S. (1999). Management; Explosives, Emergencies; Rule 62730.160(1), F.A.C. Manifest Exemption for Transport of 403.061(7), 403.087, Hazardous Waste on RightofWays on 403.704(15), 403.72, Contiguous Properties. 403.721(2), (3), (4), & (6), 403.722, and 403.8055, F.S. (1999). Rules 62730.021(1)(a), 62 730.030(1), 62730.160(1), 62730.170(1), 62 730.180(1) & (2), 62.730.181(1), and 62 730.220(3), F.A.C. 403.721(2) and 403.8055, F.S. (1999). Rule 62730.181(1)......... Checklist 157Land Disposal Restrictions 5/12/97, 62 FR 2599826040. 403.72(1), 403.8055, F.S. 2/4/00 Phase IVTreatment Standards for Wood (1999). Preserving wastes, Paperwork Reduction Rule 62730.030(1), F.A.C. and Streamlining, Exemptions from RCRA 403.721(2), (3), & (6), for Certain Processed Materials; and 403.8055, F.S. (1999). Miscellaneous Hazardous. Rule 62730.183, F.A.C..... Checklist 158Testing and Monitoring 6/13/97, 62 FR 3245232463 403.704(15), 403.721(2) & 2/4/00 Activities Amendment III. (6) and 403.8055, F.S. (1999). Rules 62730.021(1)(a), 62 730.180(1) & (2) and. Rule 62730.181(1), F.A.C.. [[Page 53891]]
Checklist 159, Conformance with the 6/17/97, 62 FR 3297432980. 403.72(1) and 403.8055, 2/4/00 Carbamate Vacatur. F.S. (1999). Rule 62730.030(1), F.A.C. 403.721(2), (3), & (6), 403.8055, F.S. (1999). Rule 62730.183, F.A.C..... \1\ For discussion on where state rule differs, refer to Section H. below and the program revision application. H. Where Are the Revised State Rules Different From the Federal Rules?

Section 261.5(f) and (g) allows for hazardous waste generated by Conditionally Exempt Small Quantity Generators (CESQG) to be managed at municipal solid waste landfills subject to part 258. The State is more stringent than the Federal requirements because Rule 62701.300 (4) F. A. C. does not allow hazardous wastes in Subtitle D landfills in the State of Florida (Checklist 153).
I. Who Handles Permits After the Authorization Takes Effect?

Florida 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 the permits expire or are terminated. We will not issue any more new 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 Florida is not yet authorized.
J. How Does Today's Action Affect Indian Country (18 U.S.C. 115) in Florida?

Florida is not authorized to carry out its hazardous waste program in Indian country within the State, which includes:

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 K for this authorization of Florida's program changes until a later date.

L. 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 section 3006 and imposes no additional requirements beyond those imposed by State law. Accordingly, I certify that this 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 preexisting 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 (Public Law 1044). For the same reason, this action also does not significantly or uniquely affect the communities of tribal governments, as specified by Executive Order 13084 (63 FR 27655, May 10, 1998). 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.

Under RCRA section 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 October 21, 2002.

List of Subjects in 40 CFR Part 271

Environmental protection, Administrative practice and procedure, [[Page 53892]]
Confidential business information, Hazardous waste, Hazardous waste transportation, Indian lands, Intergovernmental relations, Penalties, Reporting and recordkeeping requirements.

Authority: This action is issued under the authority of 42 U.S.C. 6912(a), 6926, 6974(b).

Dated: July 30, 2002.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 0221193 Filed 81902; 8:45 am] BILLING CODE 656050P

FOR FURTHER INFORMATION CONTACT Narindar Kumar, Chief, RCRA Programs Branch, Waste Management Division, U.S. Environmental Protection Agency, The Sam Nunn Atlanta Federal Center, 61 Forsyth Street, SW., Atlanta, Georgia 303038960; (404) 5628440.