[Federal Register Volume 67, Number 113 (Wednesday, June 12, 2002)]
[Rules and Regulations]
[Pages 40229-40232]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-14629]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-7228-1]
Nevada: Final Authorization of State Hazardous Waste Management
Program Revisions
AGENCY: Environmental Protection Agency.
ACTION: Immediate final rule.
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SUMMARY: The State of Nevada applied for final authorization of
revisions to its hazardous waste management program under the Resource
Conservation and Recovery Act (RCRA), as amended. The Environmental
Protection Agency (EPA) has completed its review of Nevada's
application and made a decision, subject to public review and comment,
that Nevada's hazardous waste management program revisions satisfy all
of the requirements necessary to qualify for final authorization. Thus,
with respect to the revisions identified below, EPA is authorizing
Nevada's hazardous waste management program revisions through this
immediate final rule. EPA is publishing this rule to authorize the
changes without a prior proposal because we believe that this action is
not controversial and do not expect comments that oppose it. In the
Proposed Rules section of this Federal Register, EPA is also publishing
a proposal to authorize these changes to Nevada's hazardous waste
management program. Unless we receive written comments that oppose this
authorization during the comment period, the decision to authorize
Nevada's changes to its hazardous waste management program will take
effect as provided below. If we receive comments that oppose this
action, we will publish a document in the Federal Register withdrawing
this rule before it takes effect and the separate document in the
proposed rules section of this Federal Register will serve as the
proposal for purposes of this rulemaking action. EPA will respond to
public comments in a later final rule based on the proposal. Nevada's
application for program revision is available for public review and
comment. EPA may not provide further opportunity for comment. Any
parties interested in commenting on this action should do so at this
time.
DATES: Final authorization for Nevada is effective August 12, 2002
unless EPA publishes a prior Federal Register action withdrawing this
immediate final rule. All comments on Nevada's program revision
application must be received by the close of business July 12, 2002.
ADDRESSES: Copies of Nevada's program revision application are
available during the business hours of 9 a.m. to 5 p.m. at the
following addresses for inspection and copying:
Nevada Department of Conservation and Natural Resources, Division of
Environmental Protection, 333 W. Nye Lane, Carson City, NV 89710 Phone:
775/687-5872 Contact Allen Biaggi, Administrator.
U.S. EPA Region IX Library-Information Center, 75 Hawthorne Street, San
Francisco, CA 94105, Phone: 415/947-4406.
Written comments should be sent to Lisa McClain-Vanderpool, U.S.
EPA Region IX (WST-2), 75 Hawthorne Street, San Francisco, CA 94105,
Phone: 415/972-3316.
FOR FURTHER INFORMATION CONTACT: Lisa McClain-Vanderpool, U.S. EPA
Region IX (WST-2), 75 Hawthorne Street, San Francisco, CA 94105 Phone:
415/972-3316.
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
management program that is equivalent to, consistent with, and no less
stringent than the Federal program. As the Federal program changes,
States must revise their programs and ask EPA to authorize the
revisions. Revisions 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.
Nevada initially received final authorization from EPA on August
19, 1985, effective October 18, 1985 (50 FR 33359), to implement the
RCRA hazardous waste management program in Nevada. EPA has also
authorized revisions to Nevada's authorized program to reflect changes
in the Federal program. Currently Nevada's hazardous waste management
program includes Federal changes through July 1, 1997. On March 13,
2000 and November 6, 2001, Nevada submitted final complete program
revision applications for changes to the Federal program that occurred
between July 1, 1997 and July 6, 1999, seeking authorization of its
revisions in accordance with 40 CFR 271.21. This rulemaking action
addresses those revisions.
B. What Decisions Have We Made in This Rule?
We conclude that Nevada's application to revise its authorized
program meets all of the statutory and regulatory requirements
established by RCRA. Therefore, we grant Nevada final authorization to
operate its hazardous waste management program with the changes
described in this rulemaking. Nevada 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 on its authority retained by EPA in accordance with RCRA,
including the Hazardous and Solid Waste Amendments of 1984 (HSWA). New
Federal requirements and prohibitions imposed by HSWA regulations take
effect as a matter of federal law in authorized States before those
states are authorized for such requirements and prohibitions. Thus, EPA
implements those requirements and new prohibitions in Nevada, including
issuing permits, until the State is granted authorization to do so.
[[Page 40230]]
C. What Is the Effect of Today's Authorization Decision?
A facility in Nevada subject to RCRA will now have to comply with
the authorized State requirements instead of the corresponding Federal
requirements in order to comply with RCRA. Additionally, facilities
must comply with any applicable Federally issued requirements, such as,
for example, HSWA regulations issued by EPA for which Nevada has not
received authorization, and RCRA requirements that are not supplanted
by authorized State-issued requirements. Nevada continues to have
enforcement responsibilities under its State law to pursue violations
of its hazardous waste management program. EPA continues to have
independent authority under RCRA sections 3007, 3008, 3013, and 7003,
which include, among others, the authority to:
Do inspections, and require monitoring, tests, analyses or
reports;
Enforce RCRA requirements (including State-issued statutes
and regulations that are authorized by EPA and any applicable
federally-issued statutes and regulations) and suspend or revoke
permits; and
Take enforcement actions regardless of whether the State
has taken its own actions.
This authorization action does not impose additional requirements
on the regulated community because the regulations for which Nevada is
being authorized are already effective under State law, and are not
changed by today's authorization 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.
You may not have another opportunity to comment. 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 these 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 then use the proposal
mentioned in the previous paragraph in making any further decision on
the authorization of the State program changes. EPA will also address
all public comments in a later final rule. 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 management 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 Nevada Previously Been Authorized for?
Nevada initially received final authorization for the base RCRA
program on August 19, 1985 effective October 18, 1985 (50 FR 33359).
Nevada has since received authorization for all revisions to the
Federal RCRA program through June 1997. The following Federal Register
publication and effective dates apply to those revisions: April 29,
1992 effective June 29, 1992 (57 FR 18083), May 27, 1994 effective July
26, 1994 (59 FR 27472), April 11, 1995 effective June 12, 1995 (60 FR
18358), June 24, 1996 effective August 23, 1996 (60 FR 32345) and
January 29, 1999 effective March 30, 1999 (64 FR 4596).
G. What Changes Are We Authorizing With Today's Action?
On March 13, 2000 and November 6, 2001, Nevada submitted final
complete program revision applications for changes and additions to the
Federal RCRA implementing regulations that occurred between July 1,
1997 and July 6, 1999, seeking authorization of those 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
Nevada's hazardous waste management program revision satisfies all of
the requirements necessary to qualify for final authorization. These
revisions are analogous to the RCRA statutory provisions or Federal
RCRA regulations in effect as of July 6, 1999. Upon authorization, the
following Nevada hazardous waste management requirements that are
either equivalent to or more stringent than the corresponding Federal
requirements will apply instead of the Federal requirements:
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Federal requirement State analog
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Land Disposal Restrictions Phase III- Nevada Revised Statutes (NRS)
Emergency Extension of the K088 459.485 (1981, amended 1991)
National Capacity Variance, Amendment and 459.490 (1981, amended
(62 FR 37694, July 14, 1997) (HSWA) 1987, 1993); Nevada
(Checklist 160). Administrative Code (NAC)
444.8632 through 444.8634 and
regulations included as
Sections 4 of LCB File No. R-
124-98 (filed with the
Secretary of State on November
2, 1998).
Emergency Revision of the Carbamate Same as above.
Land Disposal Restrictions (62 FR
45568, August 28, 1997) (HSWA)
(Checklist 161).
Organic Air Emissions Standards for Same as above.
Tanks, Surface Impoundments and
Containers: Clarification and
Technical Amendment (62 FR 64636,
December 8, 1997) (HSWA) (Checklist
163).
Kraft Mill Steam Stripper Condensate Same as above.
Exclusion (63 FR 18504, April 15,
1998) (HSWA) (Checklist 164).
Recycled Used Oil Management Standards: Same as above.
Technical Correction and Clarification
(63 FR 24963, May 6, 1998) (Non-HSWA)
(Checklist 166).
Land Disposal Restrictions Phase IV Same as above. However, this
Treatment Standards for Metal Wastes authorization does not include
and Mineral Processing Wastes; the mineral processing
Hazardous Soils Treatment Standards secondary materials exclusion
and Exclusions; Corrections; Mineral portion of this rule
Processing Secondary Materials (Checklist 167D)
Exclusion; Bevill Exclusion Revisions
and Clarification; Exclusion of
Recycled Wood Preserving Wastewaters
(63 FR 28556, May 26, 1998 and 63 FR
31266, June 8, 1998) (HSWA/Non-HSWA)
(Checklists 167 A, B, C, E and F).
[[Page 40231]]
Hazardous Waste Combustors Revised Same as above.
Standards (63 FR 33782, June 19, 1998)
(Non-HSWA) (Checklist 168).
Petroleum Refining Process Waste (63 FR Nevada Revised Statutes (NRS)
42110, August 6, 1998 and 63 FR 54356, 459.485 (1981, amended 1991)
October 9, 1998) (HSWA/Non-HSWA) and 459.490 (1981, amended
(Checklist 169). 1987, 1993); Nevada
Administrative Code (NAC)
444.8632 through 444.8634 and
regulations included as
Sections 8 and 9 of LCB File
No. R-170-99 (filed with the
Secretary of State on January
26, 2000).
Land Disposal Restrictions Phase IV-- Same as above.
Zinc Micronutrients, Administrative
Stay (63 FR 46332, August 31, 1998)
(HSWA) (Checklist 170).
Emergency Revision of the LDR Treatment Same as above.
Standards for Listed Hazardous Waste
from Carbamate Production (63 FR
47410, September 4, 1998) (HSWA)
(Checklist 171).
Land Disposal Restrictions Phase IV- Same as above.
Extension of Compliance Date for
Characteristic Slags (63 FR 48124,
September 9, 1998) (HSWA) (Checklist
172).
Land Disposal Restrictions treatment Same as above.
Standards for Spent Potliners from
Primary Aluminum Production (K088),
Final Rule (63 FR 51254, September 24,
1998) (HSWA) (Checklist 173).
Post Closure Requirements and Closure Same as above.
Process (63 FR 56710, October 22,
1998) (HSWA/Non-HSWA) (Checklist 174).
Hazardous Waste Remediation Management Same as above.
Requirements--HWIR Media (63 FR 65874,
November 30, 1998) (HSWA/Non-HSWA)
(Checklist 175).
Universal Waste Rule--Technical Same as above.
Amendments (63 FR 71225, December 24,
1998) (Non-HSWA) (Checklist 176).
Organic Air Emission Standards: Same as above.
Clarification and Technical Amendments
(64 FR 3382, January 21, 1999) (HSWA)
(Checklist 177).
Petroleum Refining Process Wastes-- Same as above.
Leachate Exemption (64 FR 6806,
February 11, 1999) (HSWA) (Checklist
178).
LDR Phase IV--Technical Corrections and
Clarifications to Treatment Standards
(64 FR 25408, May 11, 1999) (HSWA/Non-
HSWA) (Checklist 179).
Test Procedures for the Analysis of Oil Same as above.
and Grease and Nonpolar Material (64
FR 26315, May 14, 1999) (Non-HSWA)
(Checklist 180).
Universal Waste Rule: Specific Same as above.
Provisions for Hazardous Waste Lamps
(64 FR 36466, July 6, 1999) (Non-HSWA)
(Checklist 181).
------------------------------------------------------------------------
Note: NRS 459.485 effective 1981, amended 1991; NRS 459.490 effective
1981, amended 1987, 1993. NAC 444.8632 adopts by reference 40 CFR part
2, subpart A; part 124, subparts A and B; parts 260 through 270,
inclusive; part 273 and part 279 as modified by NAC 444.8633, NAC
444.8634, 444.86325 and the regulations included as Section 4 of LCB
File No. R-124-98 and Sections 8 and 9 of LCB File No. R-170-99 (filed
with the Secretary of State on November 2, 1998 and January 26, 2000).
H. Where Are the Revised State Rules Different From the Federal Rules?
Nevada has adopted by reference the Federal revisions identified
above. There are no significant differences between the Federal rules
and the revised State rules being authorized today.
I. Who Handles Permits After the Authorization Takes Effect?
NDEP will issue permits for all the provisions for which it is
authorized and will administer the permits it issues. Section
3006(g)(1) of RCRA gives EPA the authority to issue or deny permits or
parts of permits for requirements for which the state is not
authorized. Therefore, whenever EPA adopts standards under HSWA for
activities or wastes not currently covered by the authorized program,
EPA may process RCRA permits in Nevada for the new or revised HSWA
standards until NDEP has received final authorization for such new or
revised HSWA standards. EPA and NDEP have agreed to a joint permitting
process for facilities covered by both the authorized program and
standards under HSWA for which the State is not yet authorized, and for
handling existing EPA permits after the State receives authorization.
J. How Does Today's Action Affect Indian Country in Nevada?
Nevada is not being authorized to operate any portion of the
hazardous waste management program in Indian country. Nevada is not
authorized to carry out its hazardous waste management program in
Indian country within the State, which includes the following: The
Confederated Tribes of the Goshute Reservation; Duckwater Shoshone
Tribe; Ely Shoshone Tribe; Fort McDermitt Paiute and Shoshone Tribes;
Fort Mohave Indian Tribe; Las Vegas Tribe of Paiute Indians; Lovelock
Paiute Tribe; Moapa Band of Paiute Indians; Paiute-Shoshone Tribe of
the Fallon Reservation and Colony; Pyramid Lake Paiute Tribe; Reno-
Sparks Indian Colony; Shoshone-Paiute Tribes of Duck Valley
Reservation; Summit Lake Paiute Tribe; Te-Moak Tribes of Western
Shoshone Indians; Walker River Paiute Tribe; Washoe Tribe; Winnemucca
Indian Colony; Yerington Paiute Tribe; and the Yomba Shoshone Tribe.
This authorization action has no effect in Indian country. EPA will
continue to implement and administer the RCRA program in Indian country
within the State.
K. What Is Codification and Is EPA Codifying Nevada's Hazardous Waste
Management 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
management 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 DD for this authorization of
Nevada's program changes.
[[Page 40232]]
L. 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.
Furthermore, 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.
This action authorizes State requirements for the purpose of RCRA
Section 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 (Pub. Law 104-4). For the same
reason, this action also does not have implication within the meaning
of Executive Order 13175 (65 FR 67249, November 9, 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 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 management 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 does not make decisions based on
environmental health or safety risks. This action does not include
environmental justice related issues that require consideration under
Executive Order 12898 (59 FR 7629, February 16, 1994).
Under RCRA section 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 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 August 12, 2002.
List of Subjects in 40 CFR Part 271
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous materials transportation,
Hazardous waste, Indians-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: June 3, 2002.
Laura Yoshii,
Acting Regional Administrator, Region 9.
[FR Doc. 02-14629 Filed 6-11-02; 8:45 am]
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