[Federal Register Volume 64, Number 37 (Thursday, February 25, 1999)]
[Rules and Regulations]
[Pages 9278-9281]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-3988]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-6302-1]
Wyoming: Final Authorization of State Hazardous Waste Management
Program Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Immediate final rule.
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SUMMARY: Wyoming has applied for Final authorization of the first
revision (Amendment A) to its hazardous waste program under the
Resource Conservation and Recovery Act (RCRA). EPA has reviewed the
Wyoming Department of Environmental Quality's application and
determined that its hazardous waste program revision satisfies all of
the requirements necessary to qualify for Final authorization. EPA is
authorizing the State program revision through this immediate final
action. EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial action and does not anticipate
adverse comments. However, in the proposed rules section of this
Federal Register, EPA is publishing a separate document that will serve
as a proposal to authorize the revision should the Agency receive
adverse comment. Unless EPA receives adverse written comments during
the review and comment period, the decision to authorize Wyoming's
hazardous waste program revision will take effect as provided below.
DATES: This Final authorization for Wyoming will become effective
without further notice on April 26, 1999, unless EPA receives adverse
comment by March 29, 1999. Should EPA receive such comments, EPA will
publish a timely withdrawal informing the public that the rule will not
take effect.
ADDRESSES: Send written comments to Kris Shurr, 8P-HW, U.S. EPA, Region
VIII, 999 18th St, Ste 500, Denver, Colorado 80202-2466, phone number:
(303) 312-6139. Copies of the Wyoming program revision application and
the materials which EPA used in evaluating the revision are available
for inspection and copying at the following locations: EPA Region VIII,
from 8:00 AM to 4:00 PM, 999 18th Street, Suite 500, Denver, Colorado
80202-2466, contact: Kris Shurr, phone number: (303) 312-6139; or
Wyoming Department of Environmental Quality (WDEQ), from 8:00 AM to
5:00 PM, 122 W. 25th Street, Cheyenne, Wyoming 82002, contact: Marisa
Latady, phone number: (307) 777-7541.
FOR FURTHER INFORMATION CONTACT: Kris Shurr, 8P-HW, U.S. EPA, Region
VIII, 999 18th St, Ste 500, Denver, Colorado 80202-2466, phone number:
(303) 312-6139.
SUPPLEMENTARY INFORMATION:
A. Background
States with Final authorization under Section 3006(b) of the 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 revise their programs because
of changes to EPA's regulations in Title 40 of the Code of Federal
Regulations (CFR) Parts 124, 260 through 266, 268, 270, 273 and 279.
B. Wyoming
Wyoming initially received Final Authorization on October 4, 1995,
effective October 18, 1995, to implement its base hazardous waste
management program (60 FR 51925).
On December 4, 1997, Wyoming submitted a final complete program
revision application, seeking authorization of its first program
modification (Amendment A) in accordance with 40 CFR 271.21. EPA
reviewed Wyoming's application and now makes an immediate final
decision, subject to receipt of adverse written comment, that Wyoming's
hazardous waste program modification, adopted June 17, 1996, satisfies
all of the requirements necessary to qualify for Final Authorization.
Consequently, EPA intends to grant Wyoming Final Authorization for the
program modification contained in the revision application designated
as Amendment A.
Today Wyoming is seeking authority to administer the following
Federal requirements promulgated between July 1, 1994 and June 30,
1995:
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Federal citation State analog1
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Testing & Monitoring Ch 1, Sec 1(g)(i)(L).
Activities Amend I [60 FR
3089-3095, 01/13/95]
(Checklist 139).
Testing & Monitoring Ch 1, Sec 1(g)(i)(L).
Activities Amend II [60 FR
17001-17004, 04/04/95]
(Checklist 141).
[[Page 9279]]
Universal Waste: General Ch 1, Sec 1(f)(i); Ch 2, Sec 1(e)(iii) &
Provisions [60 FR 25492- (iii)(A-F); Ch 2, Sec 1(e) (vi)(C) &
25551, 05/11/95] (Checklist (C)(I-VI); Ch 2, Sec 1(e)(vii)(C) &
142A). (C)(I-VI); Ch 2, Sec 1(i); Ch 8, Sec
1(a)(ii-vii); Ch 8, Sec 1(b)(D); Ch 10,
Sec 1 (a)(vii)(K), Ch 11, Sec
1(a)(iii)(N); Ch 13, Sec 1(a)(vi); Ch 1,
Sec 1(h)(iii)(B)(VIII); Ch 14, Sec
1(a)(i-ii); Ch 14, Sec 1 (f)(i) & (i)(A-
B); Ch 14, Sec 1(f)(ii); Ch 14, Sec 2(a-
c) & (e-k(iii)); Ch 14, Sec 3(a-c) & (e-
k (iii)); Ch 14, Sec 4(a-g(ii)); Ch 14,
Sec 5(a-c(ii)); Ch 14, Sec 6(a) & (a)(i-
iii).
Universal Waste Rule: Ch 1, Sec 1(f)(i); Ch 2, Sec
Specific Provisions for 1(f)(i)(C)(II-V); Ch 2, Sec 1(i)(A); Ch
Batteries [60 FR 25492- 10, Sec 1(a)(vii)(K) (I); Ch 11, Sec
25551, 05/11/95] (Checklist 1(a)(iii)(N)(I); Ch 12, Sec 7(a)(i-ii);
142B). Ch 13, Sec 1(a)(vi)(A); Ch
1(h)(iii)(B)(VIII)(1.); Ch 14, Sec
1(a)(i)(A); Ch 14, Sec 1(b)(i)(A-B); Ch
14, Sec 1(b) (ii) & (ii)(A-C); Ch 14,
Sec 1(b)(iii)(A-B); Ch 14, Sec 2(d)(i) &
(i)(A-C(II)); Ch 14, Sec 2(e)(i); Ch 14,
Sec 3(d)(i) & (i)(A-C(II)); Ch 14, Sec 3
(e)(i).
Universal Waste Rule: Ch 1, Sec 1(f)(i); Ch 2, Sec 1(i)(B); Ch
Specific Provisions for 10, Sec 1(a)(vii)(K)(II); Ch 11, Sec
Pesticides [60 FR 25492- 1(a)(iii)(N)(II); Ch 13, Sec
25551, 05/11/95] (Checklist 1(a)(vi)(II); Ch 1, Sec 1
142C). (h)(iii)(B)(VIII)(2.); Ch 14, Sec 1
(a)(i)(B); Ch 14, Sec 1(c)(i) & (i)(A-
B); Ch 14, Sec 1(c)(ii) & (ii)(A-D); Ch
14, Sec 1(c)(iii)(A-B); Ch 14, Sec
1(c)(iv) & (iv)(A-B); Ch 14, Sec
2(d)(ii) & (ii)(A-D); Ch 14, Sec
2(e)(ii) & (ii)(A-B); Ch 14, Sec
2(e)(iii) & (iii) (A-B); Ch 14, Sec
3(c)(i)(A & C); Ch 14, Sec 3(d)(ii) &
(ii)(A-D); Ch 14, Sec 3(e)(ii) & (ii)(A-
B); Ch 14, Sec 3(e)(iii) & (iii)(A-B).
Universal Waste Rule: Ch 1, Sec 1(f)(i); Ch 2, Sec 1(i)(C); Ch
Specific Provisions for 10, Sec 1(a)(vii)(K)(III); Ch 11, Sec
Thermostats [60 FR 25492- 1(a)(iii)(N)(III); Ch 13, Sec
25551, 05/11/95] (Checklist 1(a)(vi)(III); Ch 1, Sec
142D). 1(h)(iii)(B)(VIII)(3.); Ch 14, Sec
1(a)(i)(C); Ch 14, Sec 1(d)(i); Ch 14,
Sec 1(d)(ii) & (ii)(A-B); Ch 14, Sec
1(d)(iii)(A-B); Ch 14, Sec 1(c)(iv) &
(iv)(A-B); Ch 14, Sec 2(d)(iii) &
(iii)(A-C (III)); Ch 14, Sec 2(e)(iv);
Ch 14, Sec 3(d)(iii) & (iii) (A-C(III));
Ch 14, Sec 3(e)(iv).
Universal Waste Rule: Ch 1, Sec 3 (d)(i-iv); Ch 14, Sec 7(a)(i-
Petition Provisions [60 FR iii); Ch 14, Sec 7(b)(i-viii).
25492-25551, 05/11/95]
(Checklist 142E).
Removal of Legally Obsolete Ch 2, Sec 4(b)(i); Ch 12, Sec 8(d); Ch
Rules [60 FR 33912-33915, 06/ 12, Sec 8(e)(vi-viii); Ch 1, Sec
29/95] (Checklist 144). 1(f)(i); Ch 3, Sec 2(a)(v) (D); Ch 3,
Sec 2(a)(vi)(B); Ch 3, Sec 2(a)(vii)(A)
& (A)(I-III).
Liquids in Landfills III [60 Ch 10, Sec 13(o)(v)(B)(II-III); Ch 11,
FR 35703-35706, 07/11/95] Sec 15(o)(vi)(B)(II-III).
(Checklist 145).
RCRA Expanded Public Ch 3, Sec 1(s)(i-iv) & (s)(iv)(A)-(B)(V);
Participation [60 FR 63417- Ch 3, Sec 1(t)(i-ii) & (ii)(A-C); Ch 3,
63434, 12/11/95] (Checklist Sec 1(u)(i-iv); Ch 1, Sec 1(f)(i); Ch 3,
148). Sec 2 (e)(ii)(V); Ch 4, Sec 1(a)(xiii);
Ch 7, Sec 1(b)(ii)(E-K); Ch 7, Sec
1(c)(iv); Ch 7, Sec 1(g)(iv)(C-F); Ch 7,
Sec 1(g)(vii).
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\1\ Wyoming Hazardous Waste Management Rules and Regulations adopted 06/
17/96.
Wyoming's rules, promulgated pursuant to this application, contain
several errors which may create confusion within the regulated
community. EPA has determined that the errors associated with the
issues do not pose implementation or enforcement problems because any
facial ambiguity created by the errors are ultimately resolved within
other portions of the regulations. Therefore, EPA will proceed to
approve this application with the understanding that the State will
correct these items during its next rulemaking. These errors are at the
following citations within the Wyoming Hazardous Waste Management Rules
and Regulations adopted June 17, 1996 : Chapter 3, Section 1(s)(i);
Chapter 3, Section 1(s)(iv)(B); Chapter 3, Section 1(t)(ii)(A); Chapter
8, Section 1(b)(i)(D); Chapter 14, Section 1(f)(i)(A); Chapter 14,
Section 2(d)(ii)(B); and Chapter 14, Section 7(b)(i). In addition, the
requirements at Chapter 3, Section 2(a)(vii)(A)(I) are considered more
stringent as the State requires additional filings by owners and
operators of Treatment, Storage, and Disposal Facilities (TSDFs).
Facilities that have filed Part A of a permit application and who have
not yet filed Part B, must file an amended Part A application with the
State Director, in addition to the Regional Administrator (the Federal
requirement), within six months of the promulgation of a Federal rule
issued under the authority of the Hazardous and Solid Waste Amendments
of 1984 (Public Law 98-616, November 8, 1984, hereinafter ``HSWA'').
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 18, 1995, the effective date of Wyoming's
Final Authorization for the RCRA base program.
Indian Reservations
This program revision does not extend to ``Indian Country'' as
defined in 18 U.S.C. Section 1151, including lands within the exterior
boundaries of the following Indian reservation located within the State
of Wyoming: Wind River Indian Reservation.
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 Wyoming 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.
EPA is publishing this rule without prior proposal because we view
this as a noncontroversial program revision and do not anticipate
adverse comment. However in the ``Proposed Rules'' section of today's
FR, we are publishing a separate document that will serve as the
proposal to authorize the revision if we receive adverse comments. This
authorization will become effective without further notice on April 26,
1999, unless EPA receives adverse comment by March 29, 1999. Should EPA
receive such comments it will publish a timely withdrawal informing the
public that the rule will not take
[[Page 9280]]
effect. We will address all public comments in a subsequent final
action based on the proposed rule. EPA may not provide additional
opportunity for comment. Any parties interested in commenting must do
so at this time.
The public may submit written comments on EPA's immediate final
decision until March 29, 1999. Copies of Wyoming's application for
program revision are available for inspection and copying at the
locations indicated in the ADDRESSES section of this document. The
ADDRESSES section also indicates where to send written comments on this
action.
C. Decision
I conclude that Wyoming's application for program revision
authorization meets all of the statutory and regulatory requirements
established by RCRA. Accordingly, EPA grants Wyoming Final
Authorization to operate its Hazardous Waste Program as revised.
Wyoming now has responsibility for permitting TSDFs within its borders
(except in Indian Country) and for carrying out the aspects of the RCRA
program described in its revised program application, subject to the
limitations of HSWA. Wyoming 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 Wyoming'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 ZZ, 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 of UMRA, EPA
generally must prepare a written statement, including cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' 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. Before promulgating an EPA rule for which a written statement
is needed, section 205 of UMRA generally requires EPA to identify and
consider a reasonable number of regulatory alternatives and adopt the
least costly, most cost-effective, or least burdensome alternative that
achieves the objectives of the rule. The provisions of section 205 do
not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed under
section 203 of UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of EPA regulatory proposals with significant
Federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements.
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 Wyoming's 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 because 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.
Small entities such as hazardous waste generators, transporters, or
entities 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 amended 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
[[Page 9281]]
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, or EPA consults with those governments. If EPA complies
with consulting, Executive Order 12875 requires EPA to 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. The State administers its hazardous waste program voluntarily
and any duties on other State, local, or tribal governmental entities
arise from that program, not from this action. Accordingly, the
requirements of Executive Order 12875 do not apply to this rule.
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 Executive Order 13045 because it is not
an economically significant rule as defined by Executive Order 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 consults with those
governments. If EPA complies with consulting, Executive Order 13084
requires EPA to provide to the Office of Management and Budget, in a
separately identified section of the preamble to the rule, a
description of the extent of EPA's prior consultation with
representatives of affected tribal governments, a summary of the nature
of their concerns, 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 Executive Order 13084 because it does
not significantly or uniquely affect the communities of Indian tribal
governments. Wyoming 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 271
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous waste, Hazardous waste
transportation, Indian lands, Intergovernmental relations, Penalties,
Reporting, and Record keeping 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: February 5, 1999.
William P. Yellowtail,
Regional Administrator, Region 8.
[FR Doc. 99-3988 Filed 2-24-99; 8:45 am]
BILLING CODE 6560-50-U
