Federal Register: RULES Hazardous waste program authorizations: [40 CFR Part 271]

ENVIRONMENTAL PROTECTION AGENCY

Environmental Protection Agency

CFR Citation: 40 CFR Part 271

EPA ID: [EPA-R05-RCRA-2006-0043; FRL-8040-3]

NOTICE: RULES

ACTION: Hazardous waste program authorizations:

DOCUMENT ACTION: Final rule.

SUBJECT CATEGORY: Michigan: Final Authorization of State Hazardous Waste Management Program Revision

EFFECTIVE DATES: This final authorization will be effective on March 9, 2006.

DOCUMENT SUMMARY: The EPA is granting Michigan final authorization of the changes to its hazardous waste management program under the Resource Conservation and Recovery Act (RCRA). The Agency published a proposed rule on November 23, 2005, at 70 FR 70761 and provided for public comment. The public comment period ended on December 23, 2005. We received no comments. No further opportunity for comment will be provided. EPA has determined that these changes satisfy all requirements needed to qualify for final authorization and is authorizing the State's changes through this final action.

SUMMARY: Michigan,

SUPPLEMENTAL INFORMATION

On November 23, 2005, EPA published a proposed rule proposing to grant Michigan authorization for changes to its RCRA hazardous waste management program, listed in Section F of that notice, which was subject to public comment. No comments were received. We hereby determine that Michigan's hazardous waste program revisions satisfy all of the requirements necessary to qualify for final authorization.

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 EPA's changes to its own 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 Michigan's application to revise its authorized program meets all of the statutory and regulatory requirements established by RCRA. Therefore, we hereby grant Michigan final authorization to operate its hazardous waste management program with the changes described in the authorization application. Michigan has responsibility for permitting treatment, storage, and disposal facilities (TSDFs) within its borders (except in Indian country) and for carrying out the aspects of the RCRA 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 Michigan, including issuing permits, until the State is granted authorization to do so.

C. What Is the Effect of Today's Authorization Decision?

This decision means that a facility in Michigan subject to RCRA will now have to comply with the authorized state requirements (listed in section F of this document) instead of the equivalent federal requirements in order to comply with RCRA. Michigan has enforcement responsibilities under its state hazardous waste management program for violations of such program, but EPA
[[Page 12142]]
retains its authority under RCRA sections 3007, 3008, 3013, and 7003, which include, among others, the authority to:

1. Do inspections, and require monitoring, tests, analyses or reports;

2. Enforce RCRA requirements and suspend or revoke permits; and

3. 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 Michigan is being authorized by today's action are already effective, and are not changed by today's action.

D. Proposed Rule

On November 23, 2005 (70 FR 70761), EPA published the proposed rule. In that proposed rule, we proposed granting authorization of changes to Michigan's hazardous waste management program and opened our decision to public comment. The Agency received no comments on this proposal. EPA found Michigan's revised program to be satisfactory. E. What Has Michigan Previously Been Authorized for?

Michigan initially received final authorization on October 16, 1986, effective October 30, 1986 (51 FR 3680436805) to implement the RCRA hazardous waste management program. We granted authorization for changes to Michigan's program on November 24, 1989, effective January 23, 1990 (54 FR 48608); on January 24, 1991, effective June 24, 1991 (56 FR 18517); on October 1, 1993, effective November 30, 1993 (58 FR 51244); on January 13, 1995, effective January 13, 1995 (60 FR 3095); on February 8, 1996, effective April 8, 1996 (61 FR 4742); on November 14, 1997, effective November 14, 1997 (62 FR 61775); on March 2, 1999, effective June 1, 1999 (64 FR 10111); and on July 31, 2002, effective July 31, 2002 (67 FR 49617).

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

On September 7, 2005, Michigan submitted a complete program revision application seeking authorization of its changes in accordance with 40 CFR 271.21. We now make a final decision that Michigan's hazardous waste management program revision satisfies all requirements necessary to qualify for final authorization. Therefore, we hereby grant Michigan final authorization for the following program changes: Program Revisions Based on Federal RCRA Changes Federal Register date and Description of Federal requirement Checklist No., if page (and/or RCRA Analogous state authority relevant statutory authority) HSWA Codification Rule; Household Waste 17C July 15, 1985, 50 FR R 299.9204(2)(a) and (Resource Recovery Facilities). 28702. (2)(a)(i)(ii). Corrective Action Management Units and 121 February 16, 1993, 58 FR R 299.9102(s) and (cc), R Temporary Units. 8658. 299.9103(r), R 299.9105(c)(vii), R 299.9105(t), R 299.9107(j), R 299.9311, R 299.9413, R 299.9519(9), R 299.9601(1), (2)(k) and (l) and (3)(a), R 299.9627, R 299.9629(3)(a) and (b), R 299.9635(3), R 299.9636, and R 299.11003(1)(u). Waste Water Treatment Sludges from 184 March 8, 2000, 65 FR R 299.9306(1)(d) and (7) Metal Finishing Industry; 180day 12378. (10). Accumulation Time.
Organobromine Production Waste and 187 June 8, 2000, 65 FR 36365 R 299.9220 and R Petroleum Refining Process Waste: 299.11003(1)(u). Technical Correction.

FOR FURTHER INFORMATION CONTACT Judy Feigler, Waste, Pesticides and Toxics Division, Program Management Branch, State Programs and Authorization Section, Mail Code DM7J, U.S. Environmental Protection Agency, 77 W. Jackson Blvd., Chicago, IL 60604, (312) 8864179; fax number (312) 3533159; email address: Feigler.Judith@epa.gov.