[Federal Register Volume 64, Number 153 (Tuesday, August 10, 1999)]
[Proposed Rules]
[Pages 43331-43336]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-20551]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-6417-2]
South Dakota: Final Authorization of State Hazardous Waste
Management Program Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: South Dakota has applied to EPA for Final authorization of
changes to its hazardous waste program under the Resource Conservation
and Recovery Act (RCRA). EPA has determined that these changes satisfy
all requirements needed to qualify for Final authorization, and is
proposing to authorize the State's changes through this proposed final
action.
DATES: Send your comments by September 9, 1999.
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. We must receive your comments by September 9, 1999. You
can view and copy South Dakota's applications at the following
addresses: SDDENR, from 9:00 AM to 5:00 PM, Joe Foss Building, 523 E.
Capitol, Pierre, South Dakota 57501-3181, contact: Carrie Jacobson,
phone number (605) 773-3153 and 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.
FOR FURTHER INFORMATION CONTACT: Kris Shurr, EPA Region VIII, 999 18th
Street, Suite 500, Denver, Colorado 80202-2466, phone number: (303)
312-6139.
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 South Dakota's applications to revise its
authorized program meet all of the statutory and regulatory
requirements established by RCRA. Therefore, we propose to grant South
Dakota Final authorization to operate its hazardous waste program with
the changes described in the authorization applications. South Dakota
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 program described in its
revised program applications, 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 South Dakota,
including issuing permits, until the State is granted authorization to
do so.
C. What Is the Effect of Today's Authorization Decision?
The effect of this decision is that a facility in South Dakota
subject to RCRA will now have to comply with the authorized State
requirements instead of the equivalent Federal requirements in order to
comply with RCRA. South Dakota has enforcement responsibilities under
its State hazardous waste program for violations of its currently
authorized program, but EPA retains its authority under RCRA sections
3007, 3008, 3013, and 7003, which include, among others, authority to:
Do 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 proposed regulations for which South
Dakota is requesting authorization are already effective, and are not
changed by this proposed approval.
D. What Happens If EPA Receives Comments That Oppose This Action?
If EPA receives comments that oppose this authorization, we will
address all public comments in a later Federal Register. You will not
have another opportunity to comment. If you want to
[[Page 43332]]
comment on this action, you must do so at this time.
E. What Has South Dakota Previously Been Authorized For?
South Dakota initially received Final authorization on October 19,
1984, effective November 2, 1984 (49 FR 41038) to implement the RCRA
hazardous waste management program. We granted authorization for
changes to their program on April 17, 1991, effective June 17, 1991 (56
FR 15503); September 8, 1993, effective November 8, 1993 (FR 47216);
January 10, 1994, effective March 11, 1994 (59 FR 01275); and July 24,
1996, effective September 23, 1996 (61 FR 38392).
F. What Changes Are We Proposing To Authorize With Today's Action?
On August 1, 1997, September 3, 1997, and March 23, 1999, South
Dakota submitted final complete program revision applications, seeking
authorization of their changes in accordance with 40 CFR 271.21. We now
make a Final decision, subject to receipt of written comments that
oppose this action, that South Dakota's hazardous waste program
revisions satisfy all of the requirements necessary to qualify for
Final authorization. Therefore, we propose to grant South Dakota
authorization for the following program changes:
------------------------------------------------------------------------
Description of federal Analogous state
requirement authority 1 Effective date
------------------------------------------------------------------------
Wood Preserving Listings [55 FR 74:28:21:02; 08/05/97
50450-50490, 12/6/90] 74:28:22:01;
(Checklist 82). 74:28:23:01;
74:28:25:01;
74:28:26:01;
74:28:28:01.
Wood Preserving Listings; 74:28:22:01; 08/05/97
Technical Corrections [56 FR 74:28:23:01;
30192-30198, 7/1/91] 74:28:25:01;
(Checklist 92). 74:28:26:01;
74:28:28:01.
Burning of Hazardous Waste in 74:28:22:01; 08/05/97
Boilers & Industrial Furnaces; 74:28:26:01;
Corrections & Technical 74:28:27:01;
Amendments I [56 FR 32688, 7/ 74:28:28:01.
17/91] (Checklist 94).
Land Disposal Restrictions for 74:28:22:01; 08/05/97
Electric Arc Furnace Dust 74:28:30:01.
(K061) [56 FR 41164-41178, 8/
19/91] (Checklist 95).
Burning of Hazardous Waste in 74:28:22:01; 08/05/97
Boilers & Industrial Furnaces; 74:28:27:01;
Technical Amendments II [56 FR 74:28:28:01.
42504-42517, 8/27/91]
(Checklist 96).
Exports of Hazardous Waste; 74:28:23:01............ 08/05/97
Technical Correction [56 FR
43704-43705] (Checklist 97).
Burning of Hazardous Waste in 74:28:27:01............ 08/05/97
Boilers & Industrial Furnaces;
Administrative Stay of
Applicability & Technical
Amendment [56 FR 43874-43877,
9/5/91] (Checklist 98).
Amendments to Interim Status 74:28:21:02; 08/05/97
Standards for Downgradient 74:28:28:01.
Ground-Water Monitoring Well
Locations [56 FR 66365-66369,
12/23/91] (Checklist 99).
Liners & Leak Detection Systems 74:28:21:02; 08/05/97
for Hazardous Waste Land 74:28:25:01;
Disposal Units [57 FR 3462- 74:28:26:01;
3497, 1/29/92] (Checklist 100). 74:28:28:01.
Administrative Stay for the 74:28:25:01; 08/05/97
Requirement that Existing Drip 74:28:28:01.
Pads Be Impregnable [57 FR
5859-5861, 2/18/92] (Checklist
101).
Second Correction to the Third 74:28:25:01; 08/05/97
Third Land Disposal 74:28:28:01;
Restrictions [57 FR 8086-8089, 74:28:30:01.
3/6/92] (Checklist 102).
Hazardous Debris Case-by-Case 74:28:30:01............ 08/05/97
Capacity Variance [57 FR 20766-
20770, 5/15/92] (Checklist
103).
Used Oil Filter Exclusion [57 74:28:22:01............ 08/05/97
FR 21524-21534, 5/29/92]
(Checklist 104).
Recycled Coke By-Product 74:28:22:01; 08/05/97
Exclusion [57 FR 27880-27888, 74:28:27:01.
6/22/92] (Checklist 105).
Lead-bearing Hazardous 74:28:30:01............ 08/05/97
Materials Case-by-Case
Capacity Variance [57 FR 28628-
28632, 6/26/92] (Checklist
106).
Used Oil Filter Exclusion: 74:28:22:01............ 08/05/97
Technical Corrections [57 FR
29220, 7/1/92] (Checklist 107).
Land Disposal Restrictions for 74:28:21:02; 08/05/97
Newly Listed Wastes & 74:28:22:01;
Hazardous Debris [57 FR 37194- 74:28:23:01;
37282] (Checklist 109). 74:28:25:01;
74:28:26:01;
74:28:28:01;
74:28:30:01.
Coke By-Products Listings [57 74:28:22:01............ 08/05/97
FR 37284-37306, 8/18/92]
(Checklist 110).
Burning of Hazardous Waste in 74:28:21:02; 08/05/97
Boilers & Industrial Furnaces; 74:28:22:01;
Technical Amendment III [57 FR 74:28:25:01;
38558-38566, 8/25/92] 74:28:27:01;
Checklist 111. 74:28:28:01.
Recycled Used Oil Management 74:28:22:02; 08/05/97
Standards [57 FR 41566-41626, 74:28:22:01;
9/10/92] (Checklist 112). 74:28:27:01.
Consolidated Liability 74:28:25:01; 08/05/97
Requirements [53 FR 33938- 74:28:28:01.
33960, 9/1/88; 56 FR 30200, 7/
1/91; 57 FR 42832-42844, 9/16/
92] (Checklist 113).
Burning of Hazardous Waste in 74:28:27:01............ 08/05/97
Boilers & Industrial Furnaces;
Technical Amendment IV [57 FR
44999-45001, 9/30/92]
(Checklist 114).
Chlorinated Toluenes Production 74:28:22:01............ 08/05/97
Waste Listing [57 FR 47376-
47386, 10/15/92] (Checklist
115).
Hazardous Soil Case-By-Case 74:28:30:01............ 08/05/97
Capacity Variance [57 FR 47772-
47776, 10/20/92] (Checklist
116).
Liquids in Landfills II [57 FR 74:28:21:02; 08/05/97
54452-54461, 11/18/92] 74:28:25:01;
(Checklist 118). 74:28:28:01.
[[Page 43333]]
Wood Preserving: Revisions to 74:28:22:01; 08/05/97
Listings & Technical 74:28:25:01;
Requirements [57 FR 61492- 74:28:28:01.
61505, 12/24/92] (Checklist
120).
Corrective Action Management 74:28:21:02; 08/05/97
Units & Temporary Units [58 FR 74:28:25:01;
8658-8685, 2/16/93] (Checklist 74:28:26:01;
121). 74:28:28:01;
74:28:30:01.
Recycled Used Oil Management 74:28:22:01; 08/05/97
Standards; Technical 74:28:25:01;
Amendments & Corrections I [58 74:28:27:01;
FR 26420-26426, 5/3/93] 74:28:28:01.
(Checklist 122).
Land Disposal Restrictions; 74:28:30:01............ 08/05/97
Renewal of the Hazardous Waste
Debris Case-By-Case Capacity
Variance [58 FR 28506-28511, 5/
14/93] (Checklist 123).
Land Disposal Restrictions for 74:28:25:01; 08/05/97
Ignitable & Corrosive 74:28:26:01;
Characteristic Wastes Whose 74:28:28:01;
Treatment Standards Were 74:28:30:01.
Vacated [58 FR 29860-29887, 5/
24/93] (Checklist 124).
Boilers & Industrial Furnaces; 74:28:21:02; 10/02/95
Changes for Consistency with 74:28:27:01.
New Air Regulations [58 FR
38816-38884, 7/20/93]
(Checklist 125).
Testing & Monitoring Activities 74:28:22:01; 10/02/95
[58 FR 46040-46051, 8/31/93] 74:28:25:01;
(Checklist 126). 74:28:26:01;
74:28:28:01;
74:28:30:01.
Boilers & Industrial Furnaces; 74:28:27:01............ 10/02/95
Administrative Stay & Interim
Standards for Bevill Residues
[58 FR 59598-59603, 11/9/93]
(Checklist 127).
Wastes From the Use of 74:28:21:02............ 10/02/95
Chlorophenolic Formulations in
Wood Surface Protection [59 FR
458-469, 1/4/94] (Checklist
128).
Revision of Conditional 74:28:22:01............ 10/02/95
Exemption for Small Scale
Treatability Studies [59 FR
8362-8366, 2/18/94] (Checklist
129).
Recycled Used Oil Management 74:28:27:01............ 10/02/95
Standards; Technical
Amendments & Corrections II
[59 FR 10550-10560, 3/4/94]
(Checklist 130).
Recordkeeping Instructions; 74:28:25:01; 10/02/95
Technical Amendment [59 FR 74:28:28:01.
13891-13893, 3/24/94]
(Checklist 131).
Wood Surface Protection; 74:28:21:02............ 10/02/95
Correction [59 FR 28484, 6/2/
94] (Checklist 132).
Letter of Credit Revision [59 74:28:25:01............ 10/02/95
FR 29958-29960, 6/10/94]
(Checklist 133).
Correction of Beryllium Powder 74:28:22:01; 10/02/95
(P015) Listing [59 FR 31551- 74:28:30:01;.
31552, 6/20/94] (Checklist
134).
Recovered Oil Exclusion [59 FR 74:28:22:01; 11/05/96
38336-38545, 7/28/94] 74:28:27:01.
(Checklist 135).
Removal of the Conditional 74:28:27:01; 11/05/96
Exemption for Certain Slag 74:28:30:01.
Residues [59 FR 43496-43500, 8/
24/94] (Checklist 136).
Universal Treatment Standards & 74:28:21:02; 11/05/96
Treatment Standards for 74:28:22:01;
Organic Toxicity 74:28:25:01;
Characteristic Wastes & Newly 74:28:27:01;
Listed Wastes [59 FR 47982- 74:28:28:01;
48110, 9/19/94] (Checklist 74:28:30:01.
137).
Testing & Monitoring Activities 74:28:21:02............ 11/05/96
Amendment I [60 FR 3089-3095,
1/13/95] (Checklist 139).
Testing & Monitoring Activities 74:28:21:02............ 11/05/96
Amendment II [60 FR 17001-
17004, 4/4/95] (Checklist 141).
Universal Waste: General 74:28:21:02; 11/05/96
Provisions [60 FR 25492-25551, 74:28:22:01;
5/11/95] (Checklist 142A). 74:28:25:01;
74:28:26:01;
74:28:27:01;
74:28:28:01;
74:28:30:01;
74:28:33:01.
Universal Waste: Specific 74:28:21:02; 11/05/96
Provisions for Batteries [60 74:28:22:01;
FR 25492-25551, 5/11/95] 74:28:23:01;
(Checklist 142B). 74:28:25:01;
74:28:26:01;
74:28:28:01;
74:28:30:01;
74:28:33:01.
Universal Waste: Specific 74:28:21:02; 11/05/96
Provisions for Thermostats [60 74:28:22:01;
FR 25492-25551, 5/11/95] 74:28:25:01;
(Checklist 142D). 74:28:26:01;
74:28:28:01;
74:28:30:01;
74:28:33:01.
Universal Waste: Petition 74:28:21:02; 11/05/96
Provisions to Add a New 74:28:33:01.
Universal Waste [60 FR 25492-
25551, 5/11/95] (Checklist
142E).
Liquids in Landfills III [60 FR 74:28:25:01; 08/05/97
35703-35706, 7/11/95] 74:28:28:01.
(Checklist 145).
Amendments to the Definition of 74:28:22:01............ 08/05/97
Solid Waste; Amendment II [61
FR 13103-13106, 3/26/96]
(Checklist 150).
Land Disposal Restrictions 74:28:30:01............ 08/05/97
Phase III--Decharacterized
Wastewaters, Carbamate Wastes
& Spent Potliners [61 FR 15566-
15660, 4/8/96] (Checklist 151).
------------------------------------------------------------------------
\1\ Administrative Rules of South Dakota.
G. Where Are The Revised State Rules Different From The Federal
Rules?
EPA cannot delegate the Federal requirements at 40 CFR 268.5,
268.42(b), and 268.44. South Dakota has excluded these requirements and
EPA will continue to implement these requirements.
H. Who Handles Permits After This Authorization Takes Effect?
South Dakota 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. When the State
incorporates
[[Page 43334]]
the terms and conditions of the Federal permits into State permits or
issues State permits to those facilities, EPA will terminate the
Federal permits. 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 South Dakota is not
yet authorized.
I. How Does Today's Action Affect Indian Country (18 U.S.C. Section
1151) In South Dakota?
EPA has been consulting with the affected Tribes and has had
discussions with the State regarding the extent of Indian country in
South Dakota. Based on these discussions, we propose the following
language. Recognizing that the affected parties may have differing
opinions, we invite comment from the Tribes, the State and others.
EPA's decision to authorize the South Dakota hazardous waste
program does not include any land that is, or becomes after the date of
this authorization, ``Indian Country,'' as defined in 18 U.S.C. 1151,
including:
1. Land within formal Indian reservations located within or
abutting the State of South Dakota, including the:
a. Cheyenne River Indian Reservation,
b. Crow Creek Indian Reservation,
c. Flandreau Indian Reservation,
d. Lower Brule Indian Reservation,
e. Pine Ridge Indian Reservation,
f. Rosebud Indian Reservation,
g. Standing Rock Indian Reservation, and
h. Yankton Indian Reservation.
2. Any land held in trust by the United States for an Indian tribe,
and
3. Any other land, whether on or off a reservation, that qualifies
as Indian country.
Moreover, in the context of these principles, a more detailed
discussion for three reservations follows.
Rosebud Sioux Reservation
In the September 16, 1996, FR Notice, EPA noted that the U.S.
Supreme Court in Rosebud Sioux Tribe v. Kneip, 430 U.S. 584 (1977),
determined that three Congressional acts diminished the Rosebud Sioux
Reservation and that it no longer includes Gregory, Tripp, Lyman and
Mellette Counties. Accordingly, EPA authorizes the South Dakota
hazardous waste program for all land in Gregory, Tripp, Lyman and
Mellette Counties that was formerly within the 1889 Rosebud Sioux
Reservation boundaries and does not otherwise qualify as Indian country
under 18 U.S.C. 1151. This authorization does not include any trust or
other land in Gregory, Tripp, Lyman and Mellette Counties that
qualifies as Indian country.
Lake Traverse (Sisseton-Wahpeton) Reservation
In the September 16, 1996, FR Notice, EPA noted that the U.S.
Supreme Court in DeCoteau v. District County Court, 420 U.S. 425
(1975), determined that an Act of Congress disestablished the Lake
Traverse (Sisseton-Wahpeton) Reservation. Therefore, EPA is authorizing
the South Dakota hazardous waste program for all land that was formerly
within the 1867 Lake Traverse Reservation boundaries and does not
otherwise qualify as Indian country under 18 U.S.C. 1151. This
authorization does not include any trust or other land within the
former Lake Traverse Reservation that qualifies as Indian country.
Yankton Sioux Reservation
The U.S. Supreme Court's ruling in South Dakota v. Yankton Sioux
Tribe, 522 U.S. 329 (1998), found that the Yankton Sioux Reservation
has been diminished by the unallotted, ``ceded'' lands, that is, those
lands that were not allotted to Tribal members and that were sold by
the Yankton Sioux Tribe to the United States pursuant to an Agreement
executed in 1892 and ratified by the United States Congress in 1894.
Accordingly, EPA is authorizing the South Dakota hazardous waste
program for unallotted, ceded lands that were ceded as a result of the
Act of 1894, 28 Stat. 286 and do not otherwise qualify as Indian
country under 18 U.S.C. 1151. This authorization does not include any
trust or other land within the original boundaries of the Yankton Sioux
Reservation that qualifies as Indian country under 18 U.S.C. 1151. EPA
acknowledges that there may be further interpretation of land status by
the final Federal court decision in Yankton Sioux Tribe v. Gaffey, Nos.
98-3893, 3894, 3986, 3900. If Indian country status changes as a result
of Gaffey, EPA will act to modify this authorization as appropriate.
J. What Is Codification and Is EPA Codifying South Dakota'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 QQ for this authorization of South Dakota's
program until a later date.
K. Regulatory Analysis and Notices
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 their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a 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 the 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 the 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 the South Dakota 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
[[Page 43335]]
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.
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. The 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 Federal Register. 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 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 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 officials 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. South Dakota
[[Page 43336]]
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 the 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, Incorporation by reference, Indian lands,
Intergovernmental relations, Penalties, Reporting and recordkeeping
requirements, Water pollution control, Water supply.
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, 6974(b).
Dated: August 2, 1999.
Jack McGraw,
Acting Regional Administrator, Region 8.
[FR Doc. 99-20551 Filed 8-9-99; 8:45 am]
BILLING CODE 6560-50-P
