[Federal Register Volume 66, Number 227 (Monday, November 26, 2001)]
[Rules and Regulations]
[Pages 58964-58973]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-28852]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 272
[FRL-7092-1]
Utah: Final Authorization of State-Initiated Changes and
Incorporation by Reference of State Hazardous Waste Management Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Immediate final rule.
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SUMMARY: During a review of Utah's regulations, EPA identified a
variety of State-initiated changes to Utah's hazardous waste program
under the Resource Conservation and Recovery Act (RCRA). We have
determined that these changes are minor and satisfy all requirements
needed to qualify for Final authorization and are authorizing the
State-initiated changes through this Immediate Final action. In
addition, today's document corrects technical errors made in the tables
published in the May 23, 1991 Federal Register (as amended August 6,
1991), October 14, 1994, and January 13, 1999 authorization documents
for Utah.
EPA uses the Section of the Code of Federal Regulations (CFR)
entitled Approved State Hazardous Waste Management Programs to
incorporate by reference those provisions of the State regulations that
are part of the authorized State program. This document incorporates
the newly authorized State program into the regulations entitled
Approved State Hazardous Waste Management Programs and clarifies which
of these provisions we have authorized and will enforce under sections
3008, 3013, and 7003 of RCRA.
DATES: This Final authorization for Utah and incorporation by reference
of the Utah authorized hazardous waste program will become effective on
January 25, 2002, unless EPA receives adverse written comment by
December 26, 2001. The Director of the Federal Register approves the
incorporation by reference of the Utah regulations contained in this
rule as of January 25, 2002 in accordance with 5 U.S.C. 552(a) and 1
CFR part 51.
ADDRESSES: Send written comments to Kris Shurr, 8P-HW, U.S. EPA, Region
VIII, 999 18th St., Suite 300, Denver, Colorado 80202-2466, phone
number: (303) 312-6139. You can view and copy the materials used by EPA
to make this determination during normal business hours at the
following locations: Utah Department of Environmental Quality, Division
of Solid and Hazardous Waste, 288 North 1460 West, Salt Lake City, Utah
84114-4880, phone (801) 538-6776 and EPA Region VIII, 999 18th St.,
Suite 300, Denver, Colorado 80202-2466, phone (303) 312-6139.
FOR FURTHER INFORMATION CONTACT: Kris Shurr, EPA Region VIII, 999 18th
Street, Suite 300, Denver, Colorado 80202-2466, phone (303) 312-6139.
SUPPLEMENTARY INFORMATION:
I. Authorization of State-Initiated Changes
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 hazardous waste program. As the Federal program
changes, the States must change their programs and ask EPA to authorize
the changes. Changes 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 change
their programs because of changes to EPA's regulations in 40 CFR parts
124, 260 through 266, 268, 270, 273 and 279. States can also initiate
their own changes to their hazardous waste program and these changes
must then be authorized.
B. What Authorization Decisions Have We Made in This Rule?
We conclude that Utah's revisions to its authorized program meet
all of the statutory and regulatory requirements established by RCRA.
We found that the State-initiated changes make Utah's rules more clear
or conform more closely to the Federal equivalents and are so minor in
nature that a formal application is unnecessary. Therefore, we grant
Utah Final authorization to operate its hazardous waste program with
the changes described in the table at item I.G. of this document. Utah
has responsibility for permitting Treatment, Storage, and Disposal
Facilities (TSDFs) within its borders (except in Indian Country) and
for carrying out all authorized aspects of the RCRA program, 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?
The effect of this decision is that a facility in Utah will
continue to be subject to the authorized State requirements instead of
the equivalent Federal requirements in order to comply
[[Page 58965]]
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, 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 and do not expect comments that oppose
this approval. We are providing an opportunity for public 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. If EPA receives comments which
oppose this authorization or portion(s) thereof, that document will
serve as a proposal to authorize such changes.
E. What Happens if EPA Receives Comments That Oppose This Action?
If EPA receives comments that oppose this authorization or the
incorporation by reference of the State program, we will withdraw this
authorization and/or incorporation by reference of the State program
decision by publishing a timely document in the Federal Register before
the rule becomes effective. We will base any further decision on the
authorization of the State program changes, or the incorporation by
reference, on the proposed rule mentioned in paragraph I.D. of this
document. We will then address all public comments in a later Final
rule. If you want to comment on this authorization and incorporation by
reference, you must do so at this time. You may not have another
opportunity to comment.
If EPA receives comments that oppose only the authorization of a
particular change to the State hazardous waste program or the
incorporation by reference of the State program, we may withdraw only
that part of this rule, but the authorization of the program changes or
the incorporation by reference of the State program 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 or incorporation by reference of the State program will
become effective and which part is being withdrawn.
F. What Has Utah Previously Been Authorized For?
Utah initially received Final authorization for its RCRA hazardous
waste base program on 10/10/84, effective 10/24/84 (49 FR 39683). Utah
received authorization for revisions to its program on 2/21/89,
effective 03/07/89 (54 FR 7417); on 5/23/91 and 8/6/91, effective 07/
22/91 (56 FR 23648 as corrected by 56 FR 37291); on 5/15/92, effective
7/14/92 (57 FR 20770); on 2/12/93 and 5/5/93, effective 4/13/93 (58 FR
8232 as corrected by 58 FR 26689); on 10/14/94 and 11/10/94, effective
12/13/94 (59 FR 52084 as corrected by 59 FR 56114); on 5/20/97,
effective 7/21/97 (62 FR 27501); on 1/13/99, effective 3/15/99 (64 FR
2144), and on 10/16/00, effective 1/16/01 (65 FR 61109).
G. What Changes Are We Authorizing With Today's Action?
Utah has made conforming changes to its regulations for internal
consistency relative to the changes made for the authorizations listed
in Section I.F. Utah has also changed its regulations to make them more
consistent with the Federal requirements.
We are granting Utah Final authorization to carry out the following
provisions of the State's program in lieu of the Federal program. These
provisions are analogous to the indicated RCRA statutory provisions or
RCRA regulations found at 40 CFR as of July 1, 1995 unless otherwise
noted. The Utah provisions are from the Utah Administrative Code (UAC)
effective as indicated.
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State requirement Federal requirement
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Utah Administrative Code 40 CFR 261.1(c), 279.1
(UAC) R315-1-1(c) & (g),
effective February 15, 1996.
UAC R315-2-4(a)(6) & (7), 40 CFR 261.4(a)(6) & (7)
effective February 15, 1996.
UAC R315-2-9(c)(3), effective 40 CFR 261.11(c)
February 15, 1996.
UAC R315-2-9(f)(1)(viii), 40 CFR 261.23(a)(8)
effective February 15, 1996.
UAC R315-2-11 (introductory 40 CFR 261.33 (introductory paragraph), (a) & (b)
paragraph), (a),&(b),
effective February 15, 1996.
UAC R315-2-11(d), effective 40 CFR 261.33(d)
February 15, 1996.
UAC R315-2-15, effective 40 CFR 260.21
February 15, 1996.
UAC R315-2-22, effective 40 CFR 260.40
February 15, 1996.
UAC R315-2-23, effective 40 CFR 260.41
February 15, 1996.
UAC R315-3-3(i)(3), effective 40 CFR 124.3(d)
February 15, 1996.
UAC R315-3-3(n) (introductory 40 CFR 270.1(c)(2) (introductory paragraph) through (c)(2)(vii), except (ii)
paragraph) through (n)(7)
except (n)(2), effective
February 15, 1996.
UAC R315-3-5(b)(13)-(17), 40 CFR 270.14(b)(13)-(17)
effective February 15, 1996.
UAC R315-3-5(b)(21), 40 CFR 270.14(b)(21)
effective February 15, 1996.
UAC R315-3-6.2, effective 40 CFR 270.16
February 15, 1996.
UAC R315-3-6.4(b), effective 40 CFR 270.18(b)
February 15, 1996.
UAC R315-3-6.6 except (i), 40 CFR 270.20 except (i)
effective February 15, 1996.
UAC R315-3-6.8, effective 40 CFR 270.23
February 15, 1996.
UAC R315-3-7(a)(4)(ii), 40 CFR 270.14(c)(4)(ii)
effective February 15, 1996.
UAC R315-3-8(d), effective 40 CFR 270.11(d)
February 15, 1996.
UAC R315-3-10(d), effective 40 CFR 270.30(d)
February 15, 1996.
UAC R315-3-10(l)(6)(iii), 40 CFR 270.30(l)(6)(iii)
effective February 15, 1996.
UAC R315-3-11(g), effective 40 CFR 270.51(d)
February 15, 1996.
[[Page 58966]]
UAC R315-3-19(a), effective 40 CFR 270.61(a)
February 15, 1996.
UAC R315-3-23(b)(1), 40 CFR 270.32(b)(1)
effective February 15, 1996.
UAC R315-3-23(c) & (d), 40 CFR 270.32(d) & (e)
effective February 15, 1996.
UAC R315-3-26(c)(2), 40 CFR 124.10(c)(2)
effective February 15, 1996.
UAC R315-3-33(a)&(b), 40 CFR 270.70(a)&(b)
effective February 15, 1996.
UAC R315-3-35, effective RCRA Sec. 3010(a)
February 15, 1996.
UAC R315-4-2(a), effective 40 CFR 262.20(a)
February 15, 1996.
UAC R315-4-3(i) & (j), 40 CFR 263.21(a) & (b)
effective February 15, 1996.
UAC R315-4-4(c), effective 40 CFR 264.72
February 15, 1996.
UAC R315-5-5, effective 40 CFR 262.40
February 15, 1996.
UAC R315-5-6(a)(1) & (2), 40 CFR 262.41(a)(1) & (2)
effective February 15, 1996.
UAC R315-5-6(b), effective 40 CFR 262.41(b)
February 15, 1996.
UAC R315-5-14, effective 40 CFR 262.60
February 15, 1996.
UAC R315-7-8.1(c)(9), 40 CFR 265.1(c)(11)
effective February 15, 1996.
UAC R315-7-10.3(c), effective 40 CFR 265.32(c)
February 15, 1996.
UAC R315-7-11.3(e), effective 40 CFR 265.52(e)
February 15, 1996.
UAC R315-7-12.4, effective 40 CFR 265.73
February 15, 1996.
UAC R315-7-12.5(c), effective 40 CFR 265.74(c)
February 15, 1996.
UAC R315-7-12.7, effective 40 CFR 265.76
February 15, 1996.
UAC R315-7-12.8(c), effective 40 CFR 265.77(c)
February 15, 1996.
UAC R315-7-13.1(a) & (d), 40 CFR 265.90(a) & (d)
effective February 15, 1996.
UAC R315-7-13.1(e), effective 40 CFR 265.90(e)
February 15, 1996.
UAC R315-7-13.3(b)(1), 40 CFR 265.92(b)(1)
effective February 15, 1996.
UAC R315-7-13.4(a), effective 40 CFR 265.93(a)
February 15, 1996.
UAC R315-7-13.5(a)(2)(i)- 40 CFR 265.94(a)(2)(i)- (a)(2)(iii) & (b)(2)
(a)(2)(iii) & (b)(2),
effective February 15, 1996.
UAC R315-7-16.7(b), effective 40 CFR 265.177(b)
February 15, 1996.
UAC R315-7-18.4, effective 40 CFR 265.225
February 15, 1996.
UAC R315-7-18.5(a), effective 40 CFR 265.226(a)
February 15, 1996.
UAC R315-7-18.8, effective 40 CFR 265.230
February 15, 1996.
UAC R315-7-19.5(1) & (2), 40 CFR 265.256(a)(1) & (2)
effective February 15, 1996.
UAC R315-7-19.6(a)(1) & (2), 40 CFR 265.256(a)(1) & (2)
effective February 15, 1996.
UAC R315-7-19.7, effective 40 CFR 265.257
February 15, 1996.
UAC R315-7-20.3(c) (including 40 CFR 265.273(c)
undesignated paragraph),
effective February 15, 1996.
UAC R315-7-20.4(a), effective 40 CFR 265.276(a)
February 15, 1996.
UAC R315-7-20.4(c)(2)(iv), 40 CFR 265.276(c)(2)(iv)
effective February 15, 1996.
UAC R315-7-20.6, effective 40 CFR 265.279
February 15, 1996.
UAC R315-7-20.7(a),(d),(e) & 40 CFR 265.280(a),(d),(e) & (f)
(f), effective February 15,
1996.
UAC R315-7-20.9, effective 40 CFR 265.282
February 15, 1996.
UAC R315-7-21.3, effective 40 CFR 265.309
February 15, 1996.
UAC R315-7-21.4(b) 40 CFR 265.310(b) (introductory paragraph)
(introductory paragraph),
effective February 15, 1996.
UAC R315-7-21.6, effective 40 CFR 265.313
February 15, 1996.
UAC R315-7-22.1(b), effective 40 CFR 265.340(b)
February 15, 1996.
UAC R315-7-22.3, effective 40 CFR 265.341
February 15, 1996.
UAC R315-7-23.3, effective 40 CFR 265.375
February 15, 1996.
UAC R315-7-24.1, effective 40 CFR 265.400
February 15, 1996.
UAC R315-7-24.3, effective 40 CFR 265.402
February 15, 1996.
UAC R315-7-24.7, effective 40 CFR 265.406
February 15, 1996.
UAC R315-7-25, effective 40 CFR 265.430
February 15, 1996.
UAC R315-7-26, effective 40 CFR 265.1030 through 265.1035
February 15, 1996.
UAC R315-8-1(f), effective 40 CFR 264.1(h)
February 15, 1996.
UAC R315-8-2.1(a) & (b), 40 CFR 264.10(a) & (b)
effective February 15, 1996.
UAC R315-8-2.5, effective 40 CFR 264.14
February 15, 1996.
UAC R315-8-2.7, effective 40 CFR 264.16
February 15, 1996.
UAC R315-8-2.8, effective 40 CFR 264.17
February 15, 1996.
UAC R315-8-3, effective 40 CFR 264.30 through 264.37
February 15, 1996.
UAC R315-8-4, except 4.3(a), 40 CFR 264.50 through 264.56, except 264.52(a)&(b), 264.54(e), & 264.56(d)(2)
4.5(e), and 4.7(d)(2),
effective February 15, 1996.
UAC R315-8-4.3(a) and 8- 40 CFR 264.52(a) & (b) and 264.56(d)(2)
4.7(d)(2), effective
February 15, 1996.
UAC R315-8-5.1, effective 40 CFR 264.70
February 15, 1996.
UAC R315-8-5.3, effective 40 CFR 264.73
February 15, 1996.
UAC R315-8-5.4, effective 40 CFR 264.72
February 15, 1996.
UAC R315-8-5.5, effective 40 CFR 264.74
February 15, 1996.
UAC R315-8-5.6 (introductory 40 CFR 264.75 (introductory paragraph)
paragraph), effective
February 15, 1996.
UAC R315-8-5.6(f), effective 40 CFR 264.75(g)
February 15, 1996.
UAC R315-8-5.7 (introductory 40 CFR 264.76 (introductory paragraph)
paragraph), effective
February 15, 1996.
UAC R315-8-6.1(b)-(d), 40 CFR 264.90(b)-(d)
effective February 15, 1996.
UAC R315-8-6.4(a), effective 40 CFR 264.93(a)
February 15, 1996.
UAC R315-8-9.8, effective 40 CFR 264.177
February 15, 1996.
UAC R315-8-11.5, except 40 CFR 264.228, except (b)(2) through (b)(4)
(b)(2) through (b)(4),
effective February 15, 1996.
UAC R315-8-11.7, effective 40 CFR 264.230
February 15, 1996.
[[Page 58967]]
UAC R315-8-12.6, effective 40 CFR 264.258
February 15, 1996.
UAC R315-8-13.1 through 13.8, 40 CFR 264.270 through 264.280
effective February 15, 1996.
UAC R315-8-13.10, effective 40 CFR 264.282
February 15, 1996.
UAC R315-8-14.4, effective 40 CFR 264.309
February 15, 1996.
UAC R315-8-14.5(b) 40 CFR 264.310(b) (introductory paragraph)
(introductory paragraph),
effective February 15, 1996.
UAC R315-8-15.1(b) & (c), 40 CFR 264.340(b) & (c)
effective February 15, 1996.
UAC R315-8-15.3, effective 40 CFR 264.342
February 15, 1996.
UAC R315-8-15.7, effective 40 CFR 264.347
February 15, 1996.
UAC R315-8-16, effective 40 CFR 264.600 through 264.603
February 15, 1996.
UAC R315-8-17, effective 40 CFR 264.1030 through 264.1036
February 15, 1996.
UAC R315-14-5, effective 40 CFR 266.70
February 15, 1996.
UAC R315-50-1, effective 40 CFR Part 262, Appendix
February 15, 1996.
UAC R315-50-3, effective 40 CFR Part 265, Appendix III
February 15, 1996.
UAC R315-50-4, effective 40 CFR Parts 264 and 265, Appendix IV
February 15, 1996.
UAC R315-50-5, effective 40 CFR Parts 264 and 265, Appendix V
February 15, 1996.
UAC R315-50-6, effective 40 CFR Part 261, Appendix I
February 15, 1996.
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In addition to the above listed changes, EPA is authorizing changes
to the following State provisions. These provisions do not have a
direct analog in the Federal RCRA regulations; however, none are
considered broader-in-scope than the Federal program. This is because
these provisions were either previously authorized as part of Utah's
base authorization or have been added to make the State's regulations
internally consistent with changes made for the other authorizations
listed in Section F of this document. We have reviewed these provisions
and have determined that they are consistent with and no less stringent
than the Federal requirements.
State Requirement
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Utah Code Annotated, Volume 3A, 1998 Replacement and 1999 Supplement: 19-
6-102(9), 19-6-102(11), 19-6-102(14), 19-6-102.1, 19-6-103, 19-6-104(1)
introductory paragraph, 19-6-105(1)(a), 19-6-106, 19-6-107, 19-6-112,
19-6-113(1), 19-6-113(3)&(4), and 19-6-113(6).
Utah Code Annotated, Volume 6D, 1997 Replacement and 1999 Supplement: 63-
2-403, and 63-2-404.
Utah Administrative Code (UAC) R315-1-1(a), effective February 20, 1998.
UAC R315-1-1(e), effective February 15, 1996.
UAC R315-1-2(b), effective February 15, 1996.
UAC R315-2-13(b), effective February 15, 1996.
UAC R315-2-14, effective February 15, 1996.
UAC R315-3-2, effective February 15, 1996.
UAC R315-3-7(a)(9), effective February 15, 1996.
UAC R315-4-1, effective February 15, 1996.
UAC R315-8-5.8(b), effective February 15, 1996.
UAC R315-9-1(b) (introductory paragraph) and (b)(1), effective February
15, 1996.
UAC R315-9-3, effective February 15, 1996.
UAC R315-9-4, effective February 15, 1996.
UAC R315-15-1.3(d)&(e), effective May 15, 1996.
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Since the base program, Utah has removed certain provisions from
the base regulations that had no Federal analog and which clarified the
State's program. These provisions have been reviewed and we have
determined that it is appropriate for the State to remove them and that
their removal has no impact on the equivalency or consistency with the
Federal program. The provisions removed were section 2.1.10, section
2.2, section 3.3.2(b)(3)(iii), section 3.3.2(b)(4)(iv), and the
undesignated paragraph after section 7.20.2(d).
H. Who Handles Permits After the Authorization Takes Effect?
This authorization does not affect the status of State permits and
those permits issued by EPA because no new substantive requirements are
a part of these revisions.
I. 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
[[Page 58968]]
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.
II. Corrections
A. Corrections to May 23, 1991 (56 FR 23648) as Amended August 6, 1991
(56 FR 37291), Authorization Document
There were omissions in the table published as part of the May 23,
1991 (56 FR 23648), as amended August 6, 1991 (56 FR 37291),
authorization notice for Utah. The affected entries for that table are
shown in the table below. The corrections have been bolded and
italicized.
------------------------------------------------------------------------
Federal Register reference State equivalent 1
------------------------------------------------------------------------
* * * *
* * *
6. Generators of 100-1,000 kg hazardous R450-1, R450-2-1.4, R450-2-
waste, 51 FR 10146-10176, 3/24/86. 1.9(f), R450-4-2, R450-5-9,
R450-5-11, R450-4-3, R450-3-
3.2.
* * * *
* * *
11. Standards for hazardous waste R450-1, R450-2-1, R450-5-9,
storage and treatment tank systems, 51 R450-8-2.6, R450-8-5.3, R450-8-
FR 25422-25486, 7/14/86 as amended on 7, R450-8-8, R450-8-10, R450-7-
8/15/86, 51 FR 29430-29431. 9.4, R450-7-9.4, R450-7-9.6,
R450-7-12.4, R450-7-14, R450-7-
15, R450-7-17, R450-3-3.2,
R450-3-20.
* * * *
* * *
------------------------------------------------------------------------
* * * * * * *
B. Corrections to October 14, 1994 (59 FR 52085) Authorization Document
There were omissions in the table published as part of the October
14, 1994 (59 FR 52085), as amended November 10, 1994 (59 FR 56114),
authorization notice for Utah. The affected entries for that table are
shown in the table below. The corrections have been bolded and
italicized.
------------------------------------------------------------------------
HSWA or FR reference State equivalent \1\
------------------------------------------------------------------------
* * * *
* * *
12. Mining Waste Exclusion II, 55 FR R315-1-1, R315-2-4, R315-4-
2322, 1/23/90. 2(m).
* * * *
* * *
15. Toxicity Characteristic Revision, R315-2-4, R315-2-8, R315-2-9,
55 FR 11798, 3/29/90 and 55 FR 26986, R315-2-10, R315-50-7, R315-8-
6/29/90. 14, R315-7-16, R315-7-20.3(a),
R315-50-12.
* * * *
* * *
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* * * * * * *
C. Corrections to January 13, 1999 (64 FR 2144) Authorization Document
There were omissions in the table published as part of the January
13, 1999 (64 FR 2144) authorization notice for Utah. The affected
entries for that table are shown in the table below. The corrections
have been bolded and italicized.
----------------------------------------------------------------------------------------------------------------
Effective
Federal citation State analog \1\ date \1\
----------------------------------------------------------------------------------------------------------------
* * * * * *
*
Recycled Used Oil Management Standards (HSWA/Non-HSWA) [57 R315-1-1(b); R315-2-3(a)(2)(v); R315-2- 02/10/94
FR 41566, 09/10/92] (Checklist 112). 3(a)(2)(v)(A)&(B); R315-2-5; R315-2-
6; R315-14-4; 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.
R315-15-1.4; R315-15-1.5, R315-15-1.6; 5/15/96
R315-15-1.7; R315-15-3.2(b)
introductory paragraph through
(b)(2); R315-15-4.3(a); R315-15-
4.3(b) introductory paragraph; R315-
15-4.3(b)(1); R315-15-4.3(b)(2)
through (b)(2)(vii); and R315-15-9.
[[Page 58969]]
R315-15-3.2(a)........................ 10/16/97
* * * * * *
*
Universal Waste Rule (Non-HSWA) [60 FR 25492, 05/11/95] R315-2-5; R315-2-6; R315-2-17; R315-2- 02/15/96
(Checklist 142A-E). 17(b); R315-2-25 introductory
paragraph; R315-2-25(a)-(c); 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) introductory paragraph; R315-
8-1(e)(10)(i)-(iii); R315-13-1; R315-
14-6; R315-16-1.1(a) introductory
paragraph through (a)(3); R315-16-
1.1(b); R315-16-1.2 through 1.5; R315-
16-1.7 (a)&(b); R315-16-1.7(d), (e)
and (f); R315-16-1.7(h), (i), (j) and
(k); R315-16-1.7(l) introductory
paragraph through (l)(3); R315-16-
1.7(m) through (o); R315-16-2.1
through 2.3; R315-16-2.4(a)-(c); R315-
16-2.5 introductory paragraph through
2.5(d); R315-16-2.6 through 2.11;
R315-16-3.1 through 3.3; R315-16-
3.4(a) through (c); R315-16-3.5
introductory paragraph through (d);
R315-16-3.6 through 3.11, except for
references to --lamp-- R315-16-4;
R315-16-5.1(a); R315-16-5.1(b)
through R315-16-6(c), except for
references to --lamp-- R315-16-7.1
and 7.2.
* * * * * *
*
----------------------------------------------------------------------------------------------------------------
* * * * *
The 1/13/99 Federal Register article (64 FR 2147, column 1) also
contains a list of items which are more stringent and broader-in-scope.
Errors in the list are corrected as follows: (1) R315-15-6.5(g) is
corrected to R315-15-6.5(e) in the list of more stringent provisions,
(2) R315-16-1.1(a)(4) is removed from the list of more stringent
provisions, (3) R315-15-7.1(d) is added to the list of broader-in-scope
provisions and (4) R315-16-1.1(a) is removed from the list of broader-
in-scope provisions.
III. Incorporation by Reference
A. What Is Codification?
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. EPA uses 40 CFR part 272
for codification of the decision to authorize Utah's program and for
incorporation by reference of those regulatory provisions that EPA will
enforce under sections 3008, 3013, and 7003 of RCRA. This effort
provides clearer notice to the public of the scope of the authorized
programs. The incorporation by reference of State authorized programs
in the CFR should substantially enhance the public's ability to discern
the current status of the authorized State program and clarify the
extent of Federal enforcement authority.
B. What Codification Decisions Have We Made in this Rule?
The purpose of today's Federal Register document is to codify
Utah's base hazardous waste management program and seven (7) revisions
to that program. EPA is not incorporating by reference, at this time,
any of the changes authorized on 10/16/00, effective 1/16/01 at 65 FR
61109. This rule incorporates by reference provisions of State
hazardous waste regulations and clarifies which of these provisions are
included in the authorized and Federally enforceable program.
EPA intends to add subpart TT to 40 CFR part 272 to incorporate by
reference the Utah authorized hazardous waste program. The State
regulations are incorporated by reference at 40 CFR 272.2251(b)(1) and
the Memorandum of Agreement, the Attorney General's Statement and the
Program Description are referenced at 40 CFR 272.2251(b)(5), (6), and
(7), respectively.
C. What Is the Effect of Utah's Codification on Enforcement?
The Agency retains the authority under sections 3007, 3008, 3013
and 7003 of RCRA to undertake enforcement actions in authorized States,
regardless of whether the State program is codified. With respect to
such an enforcement action, the Agency relies on Federal sanctions,
Federal inspection authorities, and the Federal Administrative
Procedure Act rather than the authorized State analogs to these
requirements. Therefore, the Agency does not intend to incorporate by
reference, for purposes of enforcement, authorized Utah enforcement
authorities. Section 272.2251(b)(2) of 40 CFR lists those procedural
and enforcement authorities that are part of the authorized program but
are not incorporated by reference.
D. What State Provisions Are Not Part of the Codification?
The public needs to be aware that some provisions of a State's
hazardous waste management program are not part of the Federally
authorized State program. These unauthorized provisions include:
(1) Provisions that are not part of the RCRA subtitle C program
because they are ``broader-in-scope'' than RCRA subtitle C (see 40 CFR
271.1(i));
(2) Federal provisions which the State incorporated into its
regulations when the State adopted Federal regulations by reference,
but for which the State is not authorized;
(3) Unauthorized amendments to authorized State provisions.
State provisions that are ``broader-in-scope'' than the Federal
program are not part of the RCRA authorized program and EPA will not
enforce them. Therefore, they are not incorporated by reference in 40
CFR part 272. For reference and clarity, Sec. 272.2251(b)(3) of 40 CFR
lists the Utah statutory and regulatory provisions which are ``broader-
in-scope'' than the Federal program. Although EPA will not enforce
these provisions, the State may enforce them under State law.
Utah is not authorized for the following Federal rules: November 8,
1988 (53 FR 45089, Revision Checklist 58); June 29, 1995 (60 FR 33912,
Revision Checklist 144); April 8, 1996, April 30, 1996, June 28, 1996,
July 10, 1996, August 26, 1996, February 19, 1997 (61 FR 15566, 61 FR
15660, 61 FR 19117, 61 FR 33680, 61 FR 36419, 61 FR 43924, 62 FR 7502,
Revision Checklist 151); December 6, 1994 (59 FR 62896, Revision
Checklist 154); January 14, 1997 (62 FR 1992 Revision Checklist 155);
May 12, 1997 (62 FR 25998, Revision Checklist 157); June 13, 1997 (62
FR 32452, Revision Checklist 158); and June 17 , 1997 (62 FR 32974,
Revision Checklist 159).
In addition to Federal rules for which the State is not yet
authorized, Utah's hazardous waste regulations include amendments which
have not been authorized by EPA. Since EPA cannot enforce a State's
requirements which
[[Page 58970]]
have not been reviewed and authorized in accordance with RCRA section
3006 and 40 CFR part 271, it is important to clarify any limitations on
the scope of a State's approved hazardous waste program. Thus, in those
instances where a State has made unauthorized amendments to previously
authorized sections of State code, EPA will provide clarification by
identifying in Sec. 272.2251(b)(4) any requirements which, while
adopted, are not authorized by EPA and therefore are not Federally
enforceable. Thus, notwithstanding the language in the Utah hazardous
waste regulations incorporated by reference at Sec. 272.2251(b)(1), EPA
will only enforce the State provisions that are actually authorized by
EPA. For the convenience of the regulated community, the actual State
regulatory text authorized by EPA for the citations listed at
Sec. 272.2251(b)(1) is compiled as a separate document, Addendum to the
EPA-Approved Utah Regulatory Requirements Applicable to the Hazardous
Waste Management Program, March 1999. This document is available from
EPA Region VIII, 999 18th Street, Suite 300, Denver, Colorado 80202-
2466, phone (303) 312-6139. With respect to HSWA requirements for which
the State has not yet been authorized, EPA will continue to enforce the
Federal HSWA standards until the State receives specific HSWA
authorization from EPA.
In addition, EPA has authorized but is not incorporating by
reference, at this time, any of the State hazardous waste program
changes authorized on 10/16/00, effective 1/16/01 at 65 FR 61109. These
changes were not part of Utah's authorized program at the time of EPA's
review for this codification action and will be incorporated by
reference at a later date.
E. What Will Be the Effect of Federal HSWA Requirements on the
Codification?
The Agency is not amending 40 CFR part 272 to include HSWA
requirements and prohibitions that are implemented by EPA. Section
3006(g) of RCRA provides that any HSWA requirement or prohibition
(including implementing regulations) take effect in authorized and
unauthorized States at the same time. A HSWA requirement or prohibition
supersedes any less stringent or inconsistent State provision which may
have been previously authorized by EPA (50 FR 28702, July 15, 1985).
EPA has the authority to implement HSWA requirements in all States,
including authorized States, until the States become authorized for
such requirement or prohibition. Authorized States are required to
revise their programs to adopt the HSWA requirements and prohibitions
and then to seek authorization for those revisions pursuant to 40 CFR
part 271.
Instead of amending the 40 CFR part 272 every time a new HSWA
provision takes effect under the authority of RCRA section 3006(g), EPA
will wait until the State receives authorization for its analog to the
new HSWA provision before amending the State's 40 CFR part 272
incorporation by reference. Until then, persons wanting to know whether
a HSWA requirement or prohibition is in effect should refer to 40 CFR
271.1(j), as amended, which lists each such provision.
Some existing State requirements may be similar to the HSWA
requirement implemented by EPA. However, until EPA authorizes those
State requirements, EPA can only enforce the HSWA requirements and not
the State analogs. EPA will not codify those State requirements until
the State receives authorization for those requirements.
IV. Administrative Requirements
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. Authorization and codification will not impose new burdens on
small entities. 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
implementing this action would authorize pre-existing requirements
under State law and would 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 have tribal
implications within the meaning of Executive Order 13175 (65 FR 67249,
November 6, 2000). It does not have substantial direct effects on
tribal governments, on the relationship between the Federal government
and the Indian tribes, or on the distribution of power and
responsibilities between the Federal government and Indian tribes, as
specified in Executive Order 13175. This action will not have
substantial direct effects on the States, on the relationship between
the Federal 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. This rule
is not subject to Executive Order 13211, ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355 (May 22, 2001)) because it is not a significant
regulatory action under Executive Order 12866.
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 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
[[Page 58971]]
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
25, 2002.
List of Subjects in 40 CFR Part 272
Environmental protection, Hazardous materials transportation,
Hazardous waste, Incorporation by reference, , Intergovernmental
relations, 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: October 18, 2001.
Patricia D. Hull,
Acting Regional Administrator, Region VIII.
For the reasons set forth in the preamble, 40 CFR part 272 is
amended as follows:
PART 272--APPROVED STATE HAZARDOUS WASTE MANAGEMENT PROGRAMS
1. The authority citation for part 272 continues to read as
follows:
Authority: Sections 2002(a), 3006, and 7004(b) of the Solid
Waste Disposal Act, as amended by the Resource Conservation and
Recovery Act, as amended, 42 U.S.C. 6912(a), 6926, and 6974(b).
2. Subpart TT is amended by adding Sec. 272.2251 to read as
follows:
Sec. 272.2251 Utah State-Administered program: Final authorization.
(a) Pursuant to section 3006(b) of RCRA, 42 U.S.C. 6926(b), Utah
has Final authorization for the following elements as submitted to EPA
in Utah's base program application for Final authorization which was
approved by EPA effective on October 24, 1984. Subsequent program
revision applications were approved effective on March 7, 1989; July
22, 1991; July 14, 1992; April 13, 1993; December 13, 1994; July 21,
1997; and March 15, 1999.
(b) State statutes and regulations. (1) The Utah regulations cited
in this paragraph are incorporated by reference as part of the
hazardous waste management program under subtitle C of RCRA, 42 U.S.C.
6921 et seq. This incorporation by reference was approved by the
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and
1 CFR Part 51. Copies of the Utah regulations that are incorporated by
reference in this paragraph are available from the Utah Department of
Environmental Quality, 288 North 1460 West, Salt Lake City, Utah 84114-
4880, Phone (801) 538-6776.
(i) The EPA Approved Utah Regulatory Requirements Applicable to the
Hazardous Waste Management Program, dated March 1999.
(ii) [Reserved]
(2) The following statutes and regulations concerning State
procedures and enforcement, although not incorporated by reference, are
part of the authorized State program:
(i) Utah Code Annotated, Volume 3A, 1998 Replacement and 1999
Supplement, Title 19: Sections 19-1-306(2), 19-1-306(3), 19-6-102
introductory paragraph, 19-6-102(1) & (2), 19-6-102(6)-(9), 19-6-
102(11), 19-6-102(13)-(21), 19-6-102.1, 19-6-103, 19-6-104(1) except
(1)(j), 19-6-105(1) introductory paragraph, 19-6-105(1)(a)-(f), 19-6-
105(1)(i) & (j), 19-6-105(2), 19-6-106, 19-6-107, 19-6-109, 19-6-111,
19-6-112, 19-6-113(1) through (4), 19-6-113(6), 19-6-114, 19-6-115, and
19-6-116.
(ii) Utah Code Annotated, Volume 6D, 1997 Replacement and 1999
Supplement, Title 63: Sections 63-2-103 through 63-2-105, 63-2-201
through 63-2-203 (except 63-2-203(10)), 63-2-204, 63-2-205, 63-2-301
through 63-2-308, 63-2-401 through 63-2-405, and 63-2-802.
(iii) Utah Code Annotated, Volume 3, 1953 as amended 1987, Title
26, Chapter 14: Section 26-14-8.
(iv) Utah Administrative Code revised as of January 3, 1989: R450-
3.1.1(b) & (c) and R450-3-2.4(b).
(v) Utah Administrative Code revised as of February 15, 1996:
Sections R315-2-14, R315-3-3(i)(1)&(3), R315-3-11(a), (b) & (f), R315-
3-16(b), R315-3-23(b)(1) & (2), R315-3-23(c) & (d), R315-3-24(a)
through R315-3-29, and R315-3-34.
(vi) Utah Administrative Code revised as of May 15, 1996: Section
R315-15-1.1(j) & (k).
(3) The following statutory and regulatory provisions are broader-
in-scope than the Federal program, are not part of the authorized
program, and are not incorporated by reference:
(i) Utah Code Annotated, Volume 3A, 1998 Replacement and 1999
Supplement, Title 19: Sections 19-6-105(3), 19-6-113(5), 19-6-118, 19-
6-120, and 19-6-121.
(ii) Utah Administrative Code revised as of February 15, 1996. 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. R315-2-10(e)(1), 315-2-11(e)
introductory paragraph and R315-2-11(e)(1) are broader-in-scope
regarding these wastes.
(iii) Utah Administrative Code, as of May 15, 1996: R315-15-7.1(d),
R315-15-10, R315-15-11 with respect to used oil transfer and off-
specification used oil burning facilities, and R315-15-12 through R315-
15-15 except R315-15-13.5(d).
(4) Unauthorized State provisions: (i) Although the Federal rules
listed in the following table have been adopted by the State and have
been included in the materials incorporated by reference in paragraph
(b)(1) of this Section, EPA has not authorized the State for these
rules at this time. While they may be enforceable under State law, they
are not enforceable under RCRA:
------------------------------------------------------------------------
Publication
Federal requirement Federal Register reference date
------------------------------------------------------------------------
Standards for Generators of 53 FR 45089 11/8/88
Hazardous Waste; Manifest
Renewal (Revision Checklist
58).
Removal of Legally Obsolete 60 FR 33912 6/29/95
Rules (Non-HSWA provisions)
(Revision Checklist 144).
Testing and Monitoring 62 FR 32452 6/13/97
Activities Amendment III
(Revision Checklist 158).
------------------------------------------------------------------------
(ii) Additionally Utah has adopted but is not authorized to
implement the HSWA rules that are listed below in lieu of EPA. EPA will
continue to implement the Federal HSWA requirements for which Utah is
not authorized until the State receives specific authorization for
those requirements.
[[Page 58972]]
------------------------------------------------------------------------
Publication
Federal requirement Federal Register reference date
------------------------------------------------------------------------
Removal of Legally Obsolete 60 FR 33912 6/29/95
Rules (HSWA provisions)
(Revision Checklist 144).
Land Disposal Restrictions 61 FR 15566; 4/8/96;
Phase III--Decharacterized 61 FR 15660; 4/8/96;
Wastewaters, Carbamate
Wastes, and Spent Potliners
(Revision Checklist 151).
61 FR 19117; 4/30/96;
61 FR 33680; 6/28/96;
61 FR 36419; 7/10/96;
61 FR 43924; 8/26/96;
62 FR 7502 2/19/97
Organic Air Emission 59 FR 62896 12/6/94
Standards for Tanks, Surface
Impoundments, and
Containers--formerly
Revision Checklist 138 (Rule
154.1).
Land Disposal Restrictions 62 FR 1992 1/14/97
Phase III--Emergency
Extension of the K088
Capacity Variance (Revision
Checklist 155).
Land Disposal Restrictions-- 62 FR 25998 5/12/97
Phase IV (Revision Checklist
157).
Carbamate Production, 62 FR 32974 6/17/97
Identification and Listing
of Hazardous Waste; Land
Disposal Restrictions
(Conformance With the
Carbamate Vacatur) (Revision
Checklist 159).
------------------------------------------------------------------------
(5) Unauthorized State amendments. The following authorized
provisions of the Utah regulations include amendments published in the
Utah State Bulletin that are not approved by EPA. Such unauthorized
amendments are not part of the State's authorized program and are,
therefore, not Federally enforceable. Thus, notwithstanding the
language in the Utah hazardous waste regulations incorporated by
reference at Sec. 272.2251(b)(1), EPA will only enforce the authorized
State provisions with the effective dates indicated in the table below.
The actual State regulatory text authorized by EPA for the listed
provisions is available as a separate document, Addendum to the EPA-
Approved Utah Regulatory Requirements Applicable to the Hazardous Waste
Management Program, March 1999. Copies of the document can be obtained
from U.S. EPA Region VIII, 999 18th St., Suite 500, Denver, Colorado
80202-2466, phone (303) 312-6139.
----------------------------------------------------------------------------------------------------------------
Unauthorized State amendments
-------------------------------------------
State provision State reference Effective
State reference date
----------------------------------------------------------------------------------------------------------------
R315-2-1(b)(2)(ii)................... 9/24/86...................... DAR 12647.................... 5/29/92
R315-7-11.3(b)....................... 1/3/89....................... DAR 12652.................... 5/29/92
R315-7-12.6(g)....................... Base......................... DAR 09632.................... 1/3/89
----------------------------------------------------------------------------------------------------------------
At R315-3-23(f)(3)(iv), Utah's analog to 40 CFR 270.33(b)(3)(iv),
the State has a printing error in its regulations. The State will fix
this error in its next rule making. For the codification, the
authorized version of the provision will also be included in the
Addendum to the EPA-Approved Utah Regulatory Requirements Applicable to
the Hazardous Waste Management Program, March 1999.
(6) Memorandum of Agreement. The Memorandum of Agreement between
EPA Region VIII and the Utah Department of Environmental Quality,
signed by the EPA Regional Administrator on October 4, 1994, is
referenced as part of the authorized hazardous waste management program
under subtitle C of RCRA, 42 U.S.C. 6921 et seq.
(7) Statement of legal authority. ``Attorney General's Statement
for Final Authorization'', signed by the Attorney General of Utah on
January 16, 1984, and revisions, supplements and addenda to that
Statement dated October 29, 1986, March 6, 1991, September 17, 1991,
September 223, 1992, November 19, 1993, March 16, 1994, March 20, 1995,
November 13, 1997, and March 2, 1999, are referenced as part of the
authorized hazardous waste management program under subtitle C of RCRA,
42 U.S.C. 6921 et seq.
(8) Program description. The Program description and any other
materials submitted as part of the original application or as
supplements thereto are referenced as part of the authorized hazardous
waste management program under subtitle C of RCRA, 42 U.S.C. 6921 et
seq.
3. Appendix A to Part 272--State Requirements, is amended by adding
in alphabetical order, ``Utah'' and its listing to read as follows:
Appendix A to Part 272--State Requirements
* * * * *
Utah
The regulatory provisions include:
Utah Administrative Code effective February 15, 1996: Sections
R315-1 except R315-1-1(a), R315-1-1(f)&(h) and R315-1-2(a); R315-2
except R315-2-3(d)(2), R315-2-5, R315-2-6, R315-2-10(e)&(f), R315-2-
11(e)&(f), R315-2-17, and R315-2-25(d); R315-3 except R315-3-
1(b)&(c), R315-3-3(b)(3), R315-3-3(i)(1)-(3), R315-3-3(n)(8)(iv),
R315-3-11(a)&(b), R315-3-11(f), R315-3-13(a)(4),R 315-3-16(b), R315-
3-23(b)(1)&(2), R315-3-23(c)&(d), R315-3-24 through R315-3-29, R315-
3-34 and R315-3-36; R315-4 through R315-7, except R315-7-
8.1(c)(12)(iv), R315-7-18.9(d)(2)(i)(A) phrase ``given the specific
site conditions and the nature and extent of contamination''; R315-8
except R315-8-1(e)(10)(iv), R315-8-6.1(a)(3), R315-8-6.12(b), R315-
8-11.2(e) phrase ``given the specific site conditions and the nature
and extent of contamination'', R315-8-14.10(b); R315-9; R315-14
except R315-14-3, R315-14-4, and R315-14-7; R315-16 except R315-16-
1.1(a)(4), R315-16-1.6, R 315-16-1.7(c), R315-16-1.7(g), R315-16-
1.7(l)(4), R315-16-2.4(d), R315-16-2.5(e), R315-16-2.12, R315-16-
3.4(d), R351-16-3.5(e), R315-16-3.6(c)(2) word ``lamp'', R315-16-
3.10(a)(2) word ``lamp'', R315-16-3.10(b)(2) word ``lamp'', R315-16-
3.12, R315-16-5.1(a); R315-50 except R315-50-9, R315-50-10, R315-50-
12, and R315-50-13.
Utah Administrative Code revised as of May 15, 1996: Section
R315-15, except R315-15-1.1(j)&(k), R315-15-1.3(b), R315-15-
2.1(a)(1)&(4), R315-15-2.3(c)(1), R315-15.2.3(d), R315-15-2.4(a),
R315-15-2.4(d)&(e), R315-15-3.1(b), R315-15-3.2(a), R315-15-4.6(f),
R315-15-5.1(c), R315-15-5.5(e), R315-15-6.5(e), R315-15-7.1(d),
R315-15-8.3, R315-15-9, R315-15-10, R315-15-11 with respect to used
oil transfer
[[Page 58973]]
and off-specification used oil burning facilities, R315-15-12, R315-
15-13.5(a)-(c) &(e), R315-15-14, and R315-15-15.
Utah Administrative Code revised as of October 16, 1997: R315-2-
3(d)(2), R315-2-10(e), R315-8-6.12(b), R315-8-14.10(b), R315-15-
1.3(b), R315-15-2.1(a)(1)&(4), R315-15-2.3(c)(1), R315-15.2.3(d),
R315-15-2.4(a), R315-15-2.4(d)&(e), R315-15-3.1(b), R315-15-3.2(a),
R315-15-4.6(f), R315-15-5.5(e), R315-15-6.5(e), R315-15-8.3, and
R315-15-9.
Utah Administrative Code revised as of February 20, 1998: R315-
1-1(a), R315-1-2(a), R315-2-5, R315-2-6, R315-2-10(f), R315-2-11(e),
R315-2-11(f), R315-2-17, R315-3-3(b)(3), R315-13-1, R315-14-7, R315-
16-5.1(a), R315-50-9, R315-50-10, and R315-50-12.
Copies of the Utah regulations that are incorporated by
reference are available from the Utah Department of Environmental
Quality, 288 North 1460 West, Salt Lake City, Utah 84114-4880, Phone
(801) 538-6776.
* * * * *
[FR Doc. 01-28852 Filed 11-23-01; 8:45 am]
BILLING CODE 6560-50-P