[Federal Register Volume 64, Number 8 (Wednesday, January 13, 1999)]
[Rules and Regulations]
[Pages 2144-2149]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-667]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 272
[FRL-6217-7]
Utah: Final Authorization of State Hazardous Waste Management
Program Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Immediate final rule.
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SUMMARY: Utah has applied for Final authorization of the revisions
(Addendums 7 and 8) to its hazardous waste program under the Resource
Conservation and Recovery Act (RCRA). EPA has reviewed Utah's
Department of Environmental Quality applications and determined that
its hazardous waste program revisions satisfy all of the requirements
necessary to qualify for Final authorization. Unless adverse written
comments are received during the review and comment period, EPA's
decision to authorize Utah's hazardous waste program revisions will
take effect as provided below.
DATES: This Final authorization for Utah will become effective on March
15, 1999, if EPA receives no adverse comment. Should EPA receive such
comments, EPA will withdraw this rule before its effective date by
publishing a notice of withdrawal in the FR. Any comments on Utah's
program revision application must be filed by February 12, 1999.
ADDRESSES: Send written comments to Kris Shurr, 8P-HW, U.S. EPA, Region
VIII, 999 18th Street, Suite 500, Denver, Colorado 80202-2466, phone
number: (303) 312-6139. Copies of the Utah program revision
applications and the materials which EPA used in evaluating the
revisions are available for inspection and copying at the following
locations: EPA Region VIII Library, from Noon to 4:00 p.m., 999 18th
Street, Suite 500, Denver, Colorado 80202-2466, contact: Environmental
Information Service Center (EISC), phone number: (303) 312-6312; or
Utah Department of Environmental Quality (UDEQ), from 8:00 a.m. to 5:00
p.m., 288 North 1460 West, Salt Lake City, Utah 84114-4880, contact:
Susan Toronto, phone number: (801) 538-6776.
FOR FURTHER INFORMATION CONTACT: Kris Shurr, 8P-HW, U.S. EPA, Region
VIII, 999 18th Street, Suite 500, Denver, Colorado 80202-2466, phone
number: (303) 312-6139.
SUPPLEMENTARY INFORMATION:
A. Background
States with Final Authorization under section 3006(b) of RCRA, 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. As the Federal
hazardous waste program changes, the States must revise their programs
and apply for authorization of the revisions. Revisions to State
hazardous waste programs may be necessary when Federal or State
statutory or regulatory authority is modified or when certain other
changes occur. Most commonly, States must
[[Page 2145]]
revise 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. Utah
Utah initially received Final Authorization on October 10, 1984,
effective October 24, 1984 (49 FR 39683) to implement its base
hazardous waste management program. Utah received authorization for
revisions to its program on February 21, 1989, effective March 7, 1989
( 54 FR 7417); May 23, 1991 (56 FR 23648) and August 6, 1991 (56 FR
37291, both effective July 22, 1991; May 15, 1992, effective July 14,
1992 (57 FR 20770); February 12, 1993 (58 FR 8232) and May 5, 1993 (58
FR 26689), both effective April 13, 1993; October 14, 1994, effective
December 13, 1994 (59 FR 52084); and May 20, 1997 (62 FR 27501),
effective July 21, 1997.
On July 1, 1998 (Addendum 7) and August 5, 1998 (Addendum 8), Utah
submitted final complete program revision applications, seeking
authorization of its program modifications in accordance with 40 CFR
271.21. EPA reviewed Utah's applications and now makes an immediate
final decision, subject to receipt of adverse written comment, that
Utah's hazardous waste program modifications, adopted between December
9, 1993, and January 11, 1996, satisfy all of the requirements
necessary to qualify them for Final Authorization. Consequently, EPA
intends to grant Utah Final Authorization for the program modifications
contained in the revision applications designated as Addendums 7 and 8.
The public may submit written comments on EPA's immediate final
decision until February 12, 1999. Copies of Utah's applications for
program revision are available for inspection and copying at the
locations indicated in the ADDRESSES section of this document.
If EPA does not receive adverse written comment pertaining to
Utah's program revisions by the end of the comment period, the
authorization of Utah's revisions will become effective 60 days from
the date this document is published. If the Agency receives an adverse
comment, it will publish a notice withdrawing this Immediate Final Rule
before its effective date. EPA will then address the comments in a
later Final Rule based on the companion document appearing in the
``Proposed Rules'' section of today's FR. EPA may not provide
additional opportunity for comment. Any parties interested in
commenting should do so at this time.
Today, Utah is seeking authority to administer the following
Federal requirements promulgated between May 20, 1992 and May 11, 1995:
----------------------------------------------------------------------------------------------------------------
Effective
Federal citation State analog \1\ date \1\
----------------------------------------------------------------------------------------------------------------
Used Oil Filter Exclusion (HSWA) [57 FR R315-2-4(b)(14); R315-2-4(b)(14)(i)-(iv).............. 12/30/93
21524, 05/20/92) (Checklist 104).
Used Oil Filter Exclusion; Technical R315-2-4(b)(14)....................................... 12/30/93
Corrections (HSWA) [57 FR 29220, 07/01/92)
(Checklist 107).
Toxicity Characteristics Revisions; R315-2-4(b)(6)(ii); R315-2-4(b)(9); R315-7-21.2(d)(1). 07/30/93
Technical Corrections (HSWA) [57 FR 30657,
07/10/92] (Checklist 108).
Land Disposal Restrictions for Newly Listed R315-1-1(b); R315-2-3(a)(2)(iii); R315-2- 07/30/93
Wastes and Hazardous Debris (HSWA) [57 FR 3(c)(2)(ii)(C)(1)&(2); R315-2-3(e); R315-2-
37914, 08/18/92] (Checklist 109). 3(e)(1)&(2); R315-5-10; R315-8-7; R315-8-8; R315-8-
20; R315-7-14; R315-7-15; R315-7-18.9(h); R315-7-29;
R315-13-1; R315-3-4(p); R315-3-5(b)(2); R315-3-15(d);
R315-50-16; R315-3-31(b)(6).
Coke By-Products Listing (HSWA) [57 FR R315-2-4(a)(10); R315-2-10(f); R315-50-9.............. 07/30/93
37284, 08/18/92] (Checklist 110).
Burning of Hazardous Wastes in Boilers and R315-1-1(b); R315-2-17(b); R315-2-2(e)(2)(iv); R315-8- 07/30/93
Industrial Furnaces; Technical Amendment 1(e)(9); R315-7-8.1(c)(3); R315-14-7.
III (HSWA/Non-HSWA) [57 FR 38558, 08/25/
92] (Checklist 111).
Recycled Used Oil Management Standards R315-1-1(b); R315-2-3(a)(2)(v); R315-2- 02/10/94
(HSWA/Non-HSWA) [57 FR 41566, 09/10/92] 3(a)(2)(v)(A)&(B); R315-2-5; R315-2-6; R315-14-4;
(Checklist 112). R315-14-7; R315-15-1.1; 1.1(a)-(b)(2)(iii); R315-15-
1.1(b)(3)-1.1(i); R315-15-1.2(a); R315-15-1.2, Table
1; R315-15-1.3(a)-(c)(2)(iii); R315-15-2.1(a)-(b)(5);
R315-15-2.2(a)&(b); R315-15-2.3; R315-15-2.3(a)-
(d)(4); R315-15-2.4; R315-15-2.4(a)-(c); R315-15-2.5;
R315-15-2.5(a)-(c)(3); R315-15-3.1(a)-(b)(2); R315-15-
3.3(a)&(b); R315-15-4.1(a)-(d)(5); R315-15-4.2(a)-
(b)(2)(vii); R315-15-4.4(a)-(c)(5); R315-15-4.5(a)-
(d); R315-15-4.6; R315-15-4.6(a)-(f)(4); R315-15-
4.7(a)-(d); R315-15-4.8; R315-15-5.1(a)-(b)(5); R315-
15-5.2(a)-(b)(2)(vi); R315-15-5.3(a)-(b)(6)(ix)(G);
R315-15-5.4(a)-(c)(2); R315-15-5.5; R315-15-5.5(a)-
(h)(2)(ii); R315-15-5.6; R315-15-5.6(a)-(b)(3); R315-
15-5.7(a)-(c); R315-15-5.8(a)-(b); R315-15-5.9; R315-
15-10; R315-15-6.1(a)-(c); R315-15-6.2(a)-(b)(2);
R315-15-6.3(a)-(b)(2)(vi); R315-15-6.4(a)-(d); R315-
15-6.5; R315-15-6.5(a)-(g)(4); R315-15-6.6(a)&(b);
R315-15-6.7(a)&(b); R315-15-6.8; R315-15-7.1(a)-
(c)(4); R315-15-7.2; R315-15-7.2(a)&(b); R315-15-
7.3(a)&(b); R315-15-7.4(a)-(b)(2)(v); R315-15-7.5(a)-
(c); R315-15-7.6(a)&(b); R315-15-8.1; R315-15-
8.2(a)&(b); R315-15-8.3.
Consolidated Liability Requirements (Non- R315-8-8; R315-7-15................................... 07/30/93
HSWA) [53 FR 33938, 06/29/95; 56 FR 30200,
07/01/91; 57 FR 42832, 09/16/92]
(Checklist 113).
Burning of Hazardous Wastes in Boilers and R315-14-7............................................. 07/30/93
Industrial Furnaces; Technical Amendment
IV (HSWA/Non-HSWA) [57 FR 44999, 09/30/92]
(Checklist 114).
Chlorinated Toluene Production Waste R315-2-10(f); R315-50-9............................... 07/30/93
Listing (HSWA) [57 FR 47376, 10/15/92]
(Checklist 115).
[[Page 2146]]
Hazardous Soil Case-By-Case Capacity R315-13-1............................................. 07/30/93
Variance (HSWA) [57 FR 47772, 10/20/92]
(Checklist 116).
Reissuance of the ``Mixture'' and ``Derived- R315-2-3(a)-(d)(2).................................... 07/30/93
From'' Rules (HSWA/ Non-HSWA) [57 FR 7628,
03/03/92; 57 FR 23062, 06/01/92; 57 FR
49278] (Checklist 117A).
Toxicity Characteristic Amendment [57 FR R315-2-3(a)(2)(ii).................................... 07/30/93
23062, 06/01/92] (Checklist 117B).
Liquids in Landfills [57 FR 54452, 11/18/ R315-8-2.4; R315-8-14.8(a)(2); R315-8-14.8(b); R315-8- 07/30/93
92] (Checklist 118). 14.8(d)(1)(ii); R315-8-14.8(e)-(f)(2); R315-8-
14.10(b)&(c); R315-7-9.4; R315-7-21.7(a)(2); R315-7-
21.7(b); R315-7-21.7(c)(1)(ii); R315-7-21.7(f)-
(g)(2); R315-7-21.9(b)&(c).
Toxicity Characteristic Revision; TCLP R315-50-7............................................. 07/30/93
Correction (HSWA) [57 FR 55114, 11/24/92]
(Checklist 119).
Wood Preserving; Revisions to Listings and R315-2-10(e); R315-8-19; R315-7-28.................... 07/30/93
Technical Requirements (HSWA/Non-HSWA) [57
FR 61492, 12/24/92] (Checklist 120).
Corrective Action Management Units and R315-1-1(b); R315-8-1.2; R315-8-6.12(b); R315-8-21; 07/30/93
Temporary Units (HSWA) [58 FR 8658, 02/16/ R315-7-8.1(b); R315-13-1; R315-1-1(d); R315-3-15(d).
93] (Checklist 121).
Recycled Used Oil Management Standards; R315-2-4(b)(13)&(14); R315-2-5; R315-8-1(e)(9); R315-7- 02/10/94
Technical Amendments and Corrections I 8.1(c)(3); R315-1-1(b); R315-15-1.1(b)(2); R315-15-
(HSWA/Non-HSWA) [58 FR 26420, 05/03/93] 1.1(b)(2)(ii)&(iii); R315-15-1.1(c)-(e)(4); R315-15-
(Checklist 122). 1.1(i); R315-15-1.2, Table 1, note 3; R315-15-
1.3(c)(3); R315-15-2.2(a); R315-15-2.3; R315-15-2.4;
R315-15-2.4(a)-(c); R315-15-4.1(a)(4); R315-15-
4.1(d)(4); R315-15-4.3(a)-(b)(1); R315-15-4.4(b);
R315-15-4.6; R315-15-4.6(d)(1)(ii)&(iii); R315-15-
5.2(a); R315-15-5.3(b)(6)(viii)(C); R315-15-15-5.5;
R315-15-5.5(a); R315-15-5.5 (c)(1)(ii)&(iii); R315-15-
6.1(b)(1); R315-15-6.3(a); R315-15-6.5; R315-15-
7.1(a); R315-15-7.3(a); R315-15-7.4(a); R315-15-
7.5(a).
Land Disposal Restrictions; Renewal of the R315-13-1............................................. 11/15/94
Hazardous Waste Debris Case-By-Case
Capacity Variance (HSWA) [58 FR 28506, 05/
14/93] (Checklist 123).
Land Disposal Restrictions for Ignitable R315-8-1(e)(7); R315-7-8.1(c)(7); R315-13-1; R315-50- 11/15/94
and Corrosive Characteristic Wastes Whose 16.
Treatment Standards Were Vacated (HSWA)
[58 FR 29860, 05/24/93] (Checklist 124).
Boilers and Industrial Furnaces; Changes R315-1-2; R315-14-7................................... 11/15/94
for Consistency with New Air Regulations
(HSWA/Non-HSWA) [58 FR 38816, 07/20/93]
(Checklist 125).
Testing and Monitoring Activities (HSWA/Non- R315-1-2; R315-2-16; R315-2-9(e); R315-2-9(g); R315- 11/15/94
HSWA) [58 FR 46040, 08/31/93; 59 FR 47080, 50; R315-50-7; R315-50-8; R315-8-10; R315-8-14.8(c);
09/19/94] (Checklist 126). R315-7-17; R315-7-21.7(d); R315-13-1; R315-1-2(a);
R315-3-6.5(c)(1)(iii)&(iv); R315-3-
20(b)(2)(i)(C)&(D); R315-3-37.
Boilers and Industrial Furnaces; R315-14-7............................................. 11/15/94
Administrative Stay and Interim Standards
for Bevill Residues (HSWA) [58 FR 59598,
11/09/93] (Checklist 127).
Wastes From the Use of Chlorophenolic R315-1-2(a); R315-50-10............................... 11/15/94
Formulations in Wood Surface Protection
(Non-HSWA) [59 FR 458, 01/04/94]
(Checklist 128).
Revision of Conditional Exemption for Small R315-2-4(e)(2)(i)&(ii); R315-2-4(e)(3); R315-2- 11/15/94
Scale Treatability Studies (Non-HSWA) [59 4(e)(3)(i)-(iii)(E); R315-2-4(f)(3)-(5).
FR 8362, 02/18/94] (Checklist 129).
Recycled Used Oil Management Standards; R315-1-1(b); R315-15-1.1(b)(1)(ii); R315-15- 09/01/94
Technical Amendments and Corrections II 1.1(b)(2)(iii); R315-15-1.1(g); R315-15-1.1(g) (1)-
(HSWA/Non-HSWA) [59 FR 10050, 03/04/94] (6); R315-15-2.1(b)(2)(i)-(ii)(E); R315-15-4.2(c);
(Checklist 130). R315-15-4.5(c); R315-15-4.7(a)(5)(i)&(ii); R315-15-
4.7(b)(5)(i)&(ii); R315-15-5.4(c); R315-15-6.4(c).
Recordkeeping Instructions; Technical R315-50-2............................................. 11/15/94
Amendment (Non-HSWA) [59 FR 13891, 03/24/
94] (Checklist 131).
Wood Surface Protection; Correction (Non- R315-1-2(a)........................................... 02/15/96
HSWA) [59 FR 28484, 06/02/94] (Checklist
132).
Letter of Credit Revision (Non-HSWA) [59 FR R315-8-8.............................................. 02/15/96
29958, 06/10/94] (Checklist 133).
[[Page 2147]]
Correction of Beryllium Powder (P015) R315-2-11(e); R315-50-10; R315-13-1................... 02/15/96
Listing (Non-HSWA) [59 FR 31551, 06/20/94]
(Checklist 134).
Recovered Oil Exclusion (Non-HSWA) [59 FR R315-2-3(c)(2)(ii)(B); R315-2-4(a)(12); R315-2-6; R315- 02/15/96
38536, 07/28/94] (Checklist 135). 14-7.
Removal of the Conditional Exemption for R315-14-2; R315-13-1.................................. 02/15/96
Certain Slag Residues (HSWA) [59 FR 43496,
08/24/94] (Checklist 136).
Universal Treatment Standards and Treatment R315-2-18; R315-2-19; R315-2-20; R315-2-21; R315-2- 01/05/95
Standards for Organic Toxicity 2(e)(1)(iii); R315-8-1(e)(7); R315-7-8.1(c)(7); R315-
Characteristic Wastes and Newly Listed 14-2; R315-14-7; R315-13-1.
Wastes (HSWA/Non-HSWA) [59 FR 47982, 09/19/
94; 60 FR 242, 01/03/95] (Checklist 137).
Testing and Monitoring Activities Amendment R315-1-2(a)........................................... 02/15/96
I (Non-HSWA) [60 FR 3089, 01/13/95]
(Checklist 139).
Carbamate Production Identification and R315-2-3(a)(2)(iv)(E)-(G); R315-2-3(c)(2)(ii) (D); 02/15/96
Listing of Hazardous Waste (HSWA) [60 FR R315-2-10(f); R315-2-11(e); R315-2-11 (f); R315-50-9; 07/15/97
7824, 02/09/95; 60 FR 25619, 05/12/95] R315-50-10.
(Checklist 140).
Testing and Monitoring Activities Amendment R315-1-2(a)........................................... 02/15/96
II (Non-HSWA) [60 FR 17001, 04/04/95]
(Checklist 141).
Universal Waste Rule (Non-HSWA) [60 FR R315-2-5; R315-2-6; R315-2-17; R315-2-17 (b); R315-2- 02/15/96
25492, 05/11/95] (Checklist 142A-E). 25; R315-2-25(a)-(c); R315-3-3(n) (8); R315-3-
3(n)(8)(i)-(iii); R315-7-8.1(c)(12); R315-7-
8.1(c)(12)(i)-(iii); R315-8-1(e)(10); R315-8-
1(e)(10)(i)-(iii); R315-13-1; R315-14-6; R315-16.
----------------------------------------------------------------------------------------------------------------
\1\ Utah Hazardous Waste Management Rules and Regulations, revised February 20, 1998.
EPA considers Utah's listing of all P999 and some F999 wastes
(specifically: nerve, military, and chemical agents) as more stringent
than the Federal rule. To the extent that unused chemical agents, as
produced, exhibit a hazardous waste reactivity characteristic, they are
considered hazardous waste and, thus, are regulated under Federal rule.
Utah's listing of these wastes enhances the degree of regulatory
control regarding these wastes. EPA also considers Utah's rule as
broader-in-scope than the federal rule for those F999 process wastes
which do not exhibit a characteristic for hazardous waste and would not
be regulated under Federal rule. Utah is also more stringent at the
following provisions: R315-15-1.3(c); R315-15-2.1(a)(1) & (4); R315-15-
2.3(d); R315-15-2.4(a), (d) & (e); R315-15-3.1(b); R315-15-3.2(b)(3) &
(b)(3)(i-iv); R315-15-4.4(c); R315-15-4.6(d)(1)(iii); R315-15-4.6(f);
R315-15-4.7(e); R315-15-5.1(a); R315-15-5.3(b)(6)(iv)(B); R315-15-
5.5(c)(1)(iii); R315-15-5.5(g); R315-15-5.8(a)(2)(iii); R315-15-5.8(b);
R315-15-6.5(c)(1)(iii); R315-15-6.5(g); R315-15-9.1(c); R315-15-11; and
R315-15-13.5(d). In addition, Utah is broader-in-scope at the following
provisions: R315-2-10; R315-15-10 through 15; and R315-16-1.1(a).
EPA shall administer any RCRA hazardous waste permits, or portions
of permits, that contain conditions based on 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. EPA has previously suspended issuance of permits for
other provisions on October 24, 1984, the effective date of Utah's
Final Authorization for the RCRA base program.
Indian Reservations
These program revisions do not extend to ``Indian Country'' as
defined in 18 U.S.C. 1151, including lands within the exterior
boundaries of the following Indian reservations located within or
abutting the State of Utah:
1. Goshute Indian Reservation
2. Navajo Indian Reservation
3. Northwestern Band of Shoshoni Nation of Utah (Washakie) Indian
Reservation
4. Paiute Indian Tribe of Utah Indian Reservation
5. Skull Valley Band of Goshute Indians of Utah Indian Reservation
6. Uintah and Ouray Indian Reservation
7. Ute Mountain Indian Reservation
The Agency is cognizant that the State of Utah and the United
States Government differ as to the exact geographical extent of Indian
Country within the Uintah and Ouray Indian Reservation and are
currently litigating this question in Federal Court. Until that
litigation is completed and this question is resolved, the Agency will
enter into discussions with the Ute Indian Tribe of the Uintah and
Ouray Indian Reservation and the State of Utah to determine the best
interim approach to managing this program in the disputed area. The
Agency will notify the public of the outcome of these discussions.
In excluding Indian Country from the scope of this program
revision, EPA is not making a determination that the State either has
adequate jurisdiction or lacks jurisdiction over sources in Indian
Country. Should the State of Utah choose to seek program authorization
within Indian Country, it may do so without prejudice. Before EPA would
approve the State's program for any portion of Indian Country, EPA
would have to be satisfied that the State has authority, either
pursuant to explicit Congressional authorization or applicable
principles of Federal Indian law, to enforce its laws against existing
and potential pollution sources within any geographical area for which
it seeks program approval and that such approval would constitute sound
administrative practice.
[[Page 2148]]
C. Decision
I conclude that Utah's applications for program revision
authorization meet all of the statutory and regulatory requirements
established by RCRA. Accordingly, EPA grants Utah Final Authorization
to operate its Hazardous Waste Program as revised. Utah now has
responsibility for permitting treatment, storage, and disposal
facilities within its borders (except in Indian Country) and for
carrying out the aspects of the RCRA program described in its revised
program applications, subject to the limitations of HSWA. Utah also has
primary enforcement responsibilities, although EPA retains the
authority to conduct inspections under section 3007 of RCRA and to take
enforcement actions, including, but not limited to, actions that may be
in addition to State actions, under sections 3008, 3013, and 7003 of
RCRA.
D. Codification in Part 272
EPA uses 40 CFR part 272 for codification of the decision to
authorize Utah's program and for incorporation by reference of those
provisions of its statutes and regulations that EPA will enforce under
sections 3008, 3013, and 7003 of RCRA. EPA reserves amendment of 40 CFR
part 272, subpart TT, until a later date.
Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of certain regulatory actions on State, local, and tribal
governments and the private sector. Under sections 202 and 205 of UMRA,
EPA generally must prepare a written statement of economic and
regulatory alternatives analyses for proposed and Final rules with
Federal mandates, as defined by UMRA, that may result in expenditures
to State, local, and tribal governments, in the aggregate, or to the
private sector, of $100 million or more in any one year.
EPA has determined that section 202 and 205 requirements do not
apply to today's action because this rule does not contain a Federal
mandate that may result in annual expenditures of $100 million or more
for State, local, and/or tribal governments in the aggregate, or the
private sector. Costs to State, local and/or tribal governments already
exist under the Utah program, and today's action does not impose any
additional obligations on regulated entities. In fact, EPA's approval
of State programs generally may reduce, not increase, compliance costs
for the private sector. Further, as it applies to the State, this
action does not impose a Federal intergovernmental mandate because UMRA
does not include duties arising from participation in a voluntary
federal program.
The requirements of section 203 of UMRA also do not apply to
today's action. Before EPA establishes any regulatory requirements that
may significantly or uniquely affect small governments, including
tribal governments, section 203 of UMRA requires EPA to develop a small
government agency plan. This rule contains no regulatory requirements
that might significantly or uniquely affect small governments. Although
small governments may be hazardous waste generators, transporters, or
own and/or operate TSDFs, they are already subject to the regulatory
requirements under the existing State laws that are being authorized by
EPA, and, thus, are not subject to any additional significant or unique
requirements by virtue of this program approval.
Certification Under the Regulatory Flexibility Act
Pursuant to the Regulatory Flexibility Act (5 U.S.C. 601 et seq.,
as amended by the Small Business Regulatory Enforcement Fairness Act of
1996), whenever an agency is required to publish a notice of rulemaking
for any proposed or Final rule, it must prepare and make available for
public comment a regulatory flexibility analysis that describes the
effect of the rule on small entities (i.e., small businesses, small
organizations, and small governmental jurisdictions). This analysis is
unnecessary, however, if the agency's administrator certifies that the
rule will not have a significant economic impact on a substantial
number of small entities.
EPA has determined that this authorization will not have a
significant economic impact on a substantial number of small entities.
Such small entities which are hazardous waste generators, transporters,
or which own and/or operate TSDFs are already subject to the regulatory
requirements under the existing State laws that are now being
authorized by EPA. EPA's authorization does not impose any significant
additional burdens on these small entities. This is because EPA's
authorization would simply result in an administrative change, rather
than a change in the substantive requirements imposed on these small
entities.
Pursuant to the provision at 5 U.S.C. 605(b), the Agency hereby
certifies that this authorization will not have a significant economic
impact on a substantial number of small entities. This authorization
approves regulatory requirements under existing State law to which
small entities are already subject. It does not impose any new burdens
on small entities. This rule, therefore, does not require a regulatory
flexibility analysis.
Submission to Congress and the Comptroller General
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 rule 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 of the rule in today's FR. This rule is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
Compliance With Executive Order 12866
The Office of Management and Budget has exempted this rule from the
requirements of Executive Order 12866.
Compliance With Executive Order 12875
Under Executive Order 12875, EPA may not issue a regulation that is
not required by statute and that creates a mandate upon a State, local
or tribal government, unless the Federal government provides the funds
necessary to pay the direct compliance costs incurred by those
governments. If the mandate is unfunded, EPA must provide to the Office
of Management and Budget a description of the extent of EPA's prior
consultation with representatives of affected State, local and tribal
governments, the nature of their concerns, copies of any written
communications from the governments, and a statement supporting the
need to issue the regulation. In addition, Executive Order 12875
requires EPA to develop an effective process permitting elected
officials and other representatives of State, local and tribal
governments ``to provide meaningful and timely input in the development
of regulatory proposals containing significant unfunded mandates.''
This rule does not create a mandate on State, local or tribal
governments. The rule does not impose any enforceable duties on these
entities. Accordingly, the requirements of section 1(a) of Executive
Order 12875 do not apply to this rule.
[[Page 2149]]
Compliance With Executive Order 13045
Executive Order 13045, ``Protection of Children from Environmental
Health Risks and Safety Risks,'' applies to any rule that: (1) the
Office of Management and Budget determines is ``economically
significant'' as defined under Executive Order 12866, and (2) concerns
an environmental health or safety risk that EPA has reason to believe
may have a disproportionate effect on children. If the regulatory
action meets both criteria, the Agency must evaluate the environmental
health or safety effects of the planned rule on children and explain
why the planned regulation is preferable to other potentially effective
and reasonably feasible alternatives considered by the Agency.
This rule is not subject to E.O. 13045 because it is not an
economically significant rule as defined by E.O. 12866 and because it
does not involve decisions based on environmental health or safety
risks.
Compliance With Executive Order 13084
Under Executive Order 13084, EPA may not issue a regulation that is
not required by statute, that significantly or uniquely affects the
communities of Indian tribal governments, and that imposes substantial
direct compliance costs on those communities, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by the tribal governments, or EPA provides to the Office
of Management and Budget a description of the prior consultation and
communications the agency has had with representatives of tribal
governments and a statement supporting the need to issue the
regulation. In addition, Executive Order 13084 requires EPA to develop
an effective process permitting elected and other representatives of
Indian tribal governments to provide meaningful and timely input in the
development of regulatory policies on matters that significantly or
uniquely affect their communities.
This rule is not subject to E.O. 13084 because it does not
significantly or uniquely affect the communities of Indian tribal
governments. Utah is not authorized to implement the RCRA hazardous
waste program in Indian Country. This action has no effect on the
hazardous waste program that EPA implements in Indian Country within
the State.
Paperwork Reduction Act
Under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., Federal
agencies must consider the paperwork burden imposed by any information
request contained in a proposed rule or a Final rule. This rule will
not impose any information requirements upon the regulated community.
National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, section 12(d) (15 U.S.C.
272 note) directs EPA to use voluntary consensus standards in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by voluntary consensus standards bodies. The NTTAA directs EPA
to provide Congress, through OMB, explanations when the Agency decides
not to use available and applicable voluntary consensus standards.
This action does not involve technical standards. Therefore, EPA
did not consider the use of any voluntary consensus standards.
List of Subjects in 40 CFR Part 272
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous waste, Hazardous waste
transportation, Incorporation by reference, Indian lands,
Intergovernmental relations, Penalties, Reporting and recordkeeping
requirements, Water pollution control, Water supply.
Authority: This document 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).
Kerrigan G. Clough,
Acting Regional Administrator, Region 8.
[FR Doc. 99-667 Filed 1-12-99; 8:45 am]
BILLING CODE 6560-50-P
