[Federal Register Volume 66, Number 151 (Monday, August 6, 2001)]
[Rules and Regulations]
[Pages 40911-40912]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-19564]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-7025-1]
Wyoming: Final Authorization of State Hazardous Waste Management
Program Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: On February 25, 1999, EPA Region VIII published an Immediate
Final Rule at 64 FR 09278 authorizing changes to Wyoming's hazardous
waste program under the Resource Conservation and Recovery Act (RCRA).
At that time, we determined that the changes to Wyoming's hazardous
waste program satisfied all requirements for final authorization and
authorized the changes through an Immediate Final Rule. The Immediate
Final Rule was to be effective on April 26, 1999 unless significant
written comments opposing the authorization were received during the
comment period. At the same time, in the event we received written
comments, we also published a Proposed Rule at 64 FR 09295 to authorize
these same changes to the Wyoming hazardous waste program.
As a result of comments received on the Immediate Final Rule and
the passage of Wyoming Senate File 147 (SF 147), we withdrew the
Immediate Final Rule on April 23, 1999 at 64 FR 19925, reopened the
Public Comment Period until July 22, 1999 at 64 FR 19968, and went
forward with the Proposed Rule. In addition, we held Public Hearings on
June 29 and 30, 1999. By today's action, we are issuing a Final Rule
authorizing the changes to the Wyoming hazardous waste program as
listed in the Immediate Final Rule at 64 FR 09278 and responding below
to all of the comments received.
DATES: This authorization will be effective on August 6, 2001.
ADDRESSES: You can view and copy Wyoming's application at the following
addresses: 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.
FOR FURTHER INFORMATION CONTACT: Kris Shurr, EPA Region VIII, 999 18th
Street, Suite 300, Denver, CO 80202-2466, Phone (303) 312-6139.
SUPPLEMENTARY INFORMATION: The reader should also refer to the Proposed
Rule at 64 FR 09295 and the Immediate Final Rule at 64 FR 09278, both
published on February 25, 1999.
We received written comments from twenty-eight parties during the
comment period; six recommended we grant authorization; ten requested
that we withhold approval of Wyoming's authorization revision until SF
147 could be revised; and four requested that we withdraw the State's
RCRA primacy.
The majority of commenters expressed concerns over a potential loss
of environmental protections due to the passage of SF 147. We agreed
with the concerns regarding the ability of
[[Page 40912]]
Wyoming's Department of Environmental Quality (WDEQ) to manage an
adequate and equivalent RCRA authorized program in light of SF 147 and
decided to withhold approval of Wyoming's program revisions until SF
147 could be revised.
As noted above, we withdrew the Immediate Final Rule on April 23,
1999. On March 10, 2000, Wyoming passed Senate File 15 (SF 15) which
repealed and substituted SF 147 with a significantly modified voluntary
remediation program. More recently, Wyoming passed Senate File 130 (SF
130) which amended and clarified SF 15. Many of the concerns raised by
commenters on the Proposed Rule and Immediate Final Rule have been
addressed through these legislative changes.
Conclusion
As a result of the changes to Wyoming's law since the passage of SF
147, EPA Region VIII has determined that approval of the revisions to
Wyoming's authorized RCRA program should proceed. Therefore, we are
granting final approval of Wyoming's RCRA program revisions as listed
in the Immediate Final Rule found at 64 FR 09278 on February 25, 1999.
The Office of Management and Budget (OMB) 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
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 Taking'' 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.).
List of Subjects in 40 CFR Part 271
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous waste, Hazardous waste
transportation, Indian country, Intergovernmental relations,
Incorporation-by-reference, 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: July 12, 2001.
Patricia D. Hull,
Acting Regional Administrator, Region 8.
[FR Doc. 01-19564 Filed 8-3-01; 8:45 am]
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