[Federal Register Volume 65, Number 200 (Monday, October 16, 2000)]
[Rules and Regulations]
[Pages 61109-61112]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-26503]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-6885-5]
Utah: Final Authorization of State Hazardous Waste Management
Program Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Immediate final rule.
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SUMMARY: Utah has applied to EPA for Final authorization of the 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
authorizing the State's changes through this immediate final action.
EPA is publishing this rule to authorize the changes without a prior
proposal because we believe this action is not controversial. Unless we
get written comments which oppose this authorization during the comment
period, the decision to authorize Utah's changes to their hazardous
waste program will take effect. If we get comments that oppose this
action, we will publish a document in the Federal Register withdrawing
this rule before it takes effect and a separate document in the
proposed rules section of this Federal Register will serve as a
proposal to authorize the changes.
DATES: This Final authorization will become effective on January 16,
2001 unless EPA receives adverse written comment by November 30, 2000.
If EPA receives such comment, it will publish a timely withdrawal of
this immediate final rule in the Federal Register and inform the public
that this authorization will not take effect.
ADDRESSES: 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 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 a.m. to 5 p.m., 288 North 1460
West, Salt Lake City, Utah 84114-4880, contact: Susan Toronto, phone
number: (801) 538-6776. 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.
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. 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 Utah's application to revise its authorized
program meets all of the statutory and regulatory requirements
established by RCRA. Therefore, we grant Utah Final authorization to
operate its hazardous waste program with the changes described in the
authorization application. Utah 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 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 Utah, 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 Utah 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. Utah
has enforcement responsibilities under its State hazardous waste
program for violations of such program, but EPA retains its authority
under RCRA sections 3007,
[[Page 61110]]
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;
and 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 Utah is being
authorized by today's action are already effective and are not changed
by today's action.
D. Why Wasn't There a Proposed Rule Before Today's Rule?
EPA did not publish a proposal before today's rule because we view
this as a routine program change. We are providing an opportunity for
the public to comment now. In addition to this rule, in the proposed
rules section of today's Federal Register we are publishing a separate
document that proposes to authorize the State program changes.
E. What Happens if EPA Receives Comments That Oppose This Action?
If EPA receives comments that oppose this authorization, we will
withdraw this rule by publishing a document in the Federal Register
before the rule becomes effective. EPA will base any further decision
on the authorization of the State program changes on the proposal
mentioned in the previous paragraph. We will then address all public
comments in a later final rule. You may not have another opportunity to
comment. If you want to comment on this authorization, you must do so
at this time.
If we receive comments that oppose only the authorization of a
particular change to the State hazardous waste program, we will
withdraw that part of this rule but the authorization of the program
changes that the comments do not oppose will become effective on the
date specified above. The Federal Register withdrawal document will
specify which part of the authorization will become effective, and
which part is being withdrawn.
F. What Has Utah Previously Been Authorized for?
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); May 20, 1997 (62 FR 27501), effective
July 21, 1997; and January 13, 1999, effective March 15, 1999 (64 FR
02144).
G. What Changes Are We Authorizing With Today's Action?
On April 4, 2000, Utah submitted a final complete program revision
application, seeking authorization of their changes in accordance with
40 CFR 271.21. We now make an immediate final decision, subject to
receipt of written comments that oppose this action, that Utah's
hazardous waste program revision satisfies all of the requirements
necessary to qualify for Final authorization. Therefore, we grant Utah
Final authorization for the following program changes:
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Federal citation State analog \1\
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Removal of Legally Obsolete Rules [60 R315-1-1; R315-2-10; R315-3-3;
FR 33912, 06/29/95) (Checklist 144). R315-14-7.
Liquids in Landfills III [60 FR 35703, R315-7-21; R315-8-14.
07/11/95] (Checklist 145).
RCRA Expanded Public Participation [60 R315-1-1; R315-3-5; R315-3-10;
FR 63417, 12/11/95] (Checklist 148). R315-3-19; R315-3-20; R315-3-
37; R315-3-38.
Amendments to the Definition of Solid R315-2-4.
Waste; Amendment II [61 FR 13103, 03/
26/96] (Checklist 150).
Land Disposal Restrictions Phase III- R315-13-1.
Decharacterized Wastewaters, Carbamate
Wastes, & Spent Potliners [61 FR
15566, 08/08/96, as amended thru 62 FR
07502, 02/09/97] (Checklists 151 thru
151.6).
Imports & Exports of Hazardous Waste: R315-2-6; R315-4-3; R315-4-4;
Implementation of OECD Council R315-5-1; R315-5-13; R315-5-
Decision [61 FR 16290, 04/12/96] 15; R315-6-1; R315-7-9.3; R315-
(Checklist 152). 7-12.2; R315-8-2.3; R315-14-5;
R315-16-2.11; R315-16-3.11;
R315-16-4.7; R315-16-6.
Conditionally Exempt Small Quantity R315-2-5.
Generator Disposal Options Under
Subtitle D [61 FR 34252, 07/01/96]
(Checklist 153).
Consolidated Organic Air Emission R307-210-1; R315-1-2; R315-2-6;
Standards for Tanks, Surface R315-3-5; R315-3-6; R315-3-13;
Impoundments, & Containers [59 FR R315-5-10; R315-7-8; R315-7-9;
62896, 12/06/94, as amended thru 61 FR R315-7-12; R315-7-16; R315-7-
59997, 11/25/96] (Checklists 154 thru 17; R315-7-18; R315-7-26; R315-
154.6). 7-27; R315-7-30; R315-8-2;
R315-8-5; R315-8-9; R315-8-10;
R315-8-11; R315-8-16; R315-8-
17; R315-8-18; R315-8-22; R315-
50-17.
Land Disposal Restrictions Phase III-- R315-13-1.
Emergency Extension of the K088
Capacity Variance [62 FR 01992, 01/14/
97] (Checklist 155).
Land Disposal Restrictions Phase IV-- R315-1-1; R315-2-2; R315-2-4;
Treatment Standards for Wood R315-2-6; R315-13-1.
Preserving Wastes, Paperwork Reduction
& Streamlining, Exemptions from RCRA
for Certain Processed Materials; &
Miscellaneous Hazardous Waste
Provisions [62 FR 25998, 05/12/97]
(Checklist 157).
Testing & Monitoring Activities R315-1-2; R315-7-26; R315-7-27;
Amendment III [62 FR 32452, 06/13/97] R315-8-17; R315-8-18; R315-14-
(Checklist 158). 7; R315-50-14.
Conformance with the Carbamate Vacature R315-2-10; R315-2-11; R315-13-
[62 FR 01992, 05/29/97] (Checklist 1; R315-50-9; R315-50-10.
159).
Land Disposal Restrictions Phase III-- R315-13-1.
Emergency Extension of the K088
National Capacity Variance, Amendment
[60 FR 37694, 07/14/97] (Checklist
160).
[[Page 61111]]
Emergency Revision of the Carbamate R315-13-1.
Land Disposal Restrictions [62 FR
45568, 08/28/97] (Checklist 161).
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\1\ Utah Administrative Code, revised December 15, 1999.
H. Where Are the Revised State Rules Different From the Federal
Rules?
We consider the following State requirements to be more stringent
than the Federal requirements: R315-8-2.3(a)(2), R315-4-4(e), R315-7-
9.3(a)(2), and R315-7-12.2(d) because the State requires that
notification also be given to the Utah Division of Solid and Hazardous
Waste, as well as, the Federal entities.
These requirements are part of Utah's authorized program and are
Federally enforceable.
Utah'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. 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 citation within the Utah
Administrative Code, revised December 15, 1999: R315-3-20(d).
I. Who Handles Permits After the Authorization Takes Effect?
Utah 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
Utah has equivalent instruments in place. We will not issue any new
permits or new portions of permits for the provisions listed in the
Table above after 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. EPA will continue to implement and issue permits
for HSWA requirements for which Utah is not yet authorized.
J. How Does Today's Action Affect Indian Country (18 U.S.C. 1151)
in Utah?
This program revision does not extend to ``Indian Country'' as
defined in 18 U.S.C. 1151. Indian Country includes 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 (see below)
7. Ute Mountain Indian Reservation
With respect to the Uintah & Ouray Indian Reservation, Federal
courts have determined that certain lands within the exterior
boundaries of the Reservation do not constitute Indian Country. This
State program revision approval will extend to those lands which the
courts have determined are not Indian Country.
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.
K. What Is Codification and Is EPA Codifying Utah'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 TT for the codification of Utah's program
until a later date.
L. Administrative Requirements
The Office of Management and Budget has exempted this action from
the requirements of Executive Order 12866 (58 FR 51735, October 4,
1993), and therefore this action is not subject to review by OMB. This
action authorizes State requirements for the purpose of RCRA 3006 and
imposes no additional requirements beyond those imposed by State law.
Accordingly, I certify that this action will not have a significant
economic impact on a substantial number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this action
authorizes pre-existing requirements under State law and does not
impose any additional enforceable duty beyond that required by State
law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4). For the same reason,
this action also does not significantly or uniquely affect the
communities of Tribal governments, as specified by Executive Order
13084 (63 FR 27655, May 10, 1998). This action will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132 (64 FR 43255, August 10, 1999),
because it merely authorizes State requirements as part of the State
RCRA hazardous waste program without altering the relationship or the
distribution of power and responsibilities established by RCRA. This
action also is not subject to Executive Order 13045 (62 FR 19885, April
23, 1997), because it is not economically significant and it does not
make decisions based on environmental health or safety risks.
Under RCRA 3006(b), EPA grants a State's application for
authorization as long as the State meets the criteria required by RCRA.
It would thus be inconsistent with applicable law for EPA, when it
reviews a State authorization application, to require the use of any
particular voluntary consensus standard in place of another standard
that otherwise satisfies the requirements of RCRA. Thus, the
requirements of section 12(d) of the National Technology Transfer and
[[Page 61112]]
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required
by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996),
in issuing this rule, EPA has taken the necessary steps to eliminate
drafting errors and ambiguity, minimize potential litigation, and
provide a clear legal standard for affected conduct. EPA has complied
with Executive Order 12630 (53 FR 8859, March 15, 1988) by examining
the takings implications of the rule in accordance with the ``Attorney
General's Supplemental Guidelines for the Evaluation of Risk and
Avoidance of Unanticipated Takings'' issued under the executive order.
This rule does not impose an information collection burden under the
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this document and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication in the Federal Register. A major rule cannot take effect
until 60 days after it is published in the Federal Register. This
action is not a ``major rule'' as defined by 5 U.S.C. 804(2). This
action will be effective January 16, 2001.
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 recordkeeping requirements.
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: October 5, 2000.
William P. Yellowtail,
Regional Administrator, Region VIII.
[FR Doc. 00-26503 Filed 10-13-00; 8:45 am]
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