[Federal Register Volume 71, Number 82 (Friday, April 28, 2006)]
[Rules and Regulations]
[Pages 25079-25085]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-4025]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[EPA-R07-RCRA-2006-0026; FRL-8163-4]
Missouri: Final Authorization of State Hazardous Waste Management
Program Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Immediate final rule.
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SUMMARY: Missouri 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 EPA believes this action is not controversial and does
not expect comments that oppose it. Unless EPA receives written
comments that oppose this authorization during the comment period, the
decision to authorize Missouri's changes to its hazardous waste program
will take effect.
DATES: This Final authorization will become effective on June 27, 2006
unless EPA receives adverse written comment by May 30, 2006. 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: Submit your comments, identified by Docket ID No. EPA-R07-
RCRA-2006-0026, by one of the following methods:
1. http://www.regulations.gov. Follow the on-line instructions for
submitting comments.
2. E-mail: [email protected].
3. Mail: Lisa Haugen, Environmental Protection Agency, RCRA
Enforcement and State Programs Branch, 901 North 5th Street, Kansas
City, Kansas 66101.
5. Hand Delivery or Courier. Deliver your comments to Lisa Haugen,
Environmental Protection Agency, RCRA Enforcement and State Programs
Branch, 901 North 5th Street, Kansas City, Kansas 66101.
Instructions: Direct your comments to Docket ID No. EPA-R07-RCRA-
2006-0026. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit through http://www.regulations.gov or e-mail information that you consider to be CBI
or otherwise protected. The http://www.regulations.gov Web site is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
Docket: All documents in the electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in http://www.regulations.gov or in hard copy at the Environmental Protection
Agency, RCRA Enforcement and State Programs Branch, 901 North 5th
Street, Kansas City, Kansas 66101. The Regional Office's official hours
of business are Monday through Friday, 8 to 4:30 excluding Federal
holidays. The interested persons wanting to examine these documents
should make an appointment with the office at least 24 hours in
advance.
FOR FURTHER INFORMATION CONTACT: Lisa Haugen, EPA Region 7, ARTD/RESP,
901 North 5th Street, Kansas City, Kansas 66101, (913) 551-7877, or by
e-mail at [email protected].
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, a State must
change its program 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, the State must change its program 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 Has EPA Made in This Rule?
EPA concludes that Missouri's application to revise its authorized
program meets all of the statutory and regulatory requirements
established by RCRA. Therefore, EPA grants Missouri Final authorization
to operate its hazardous waste program with the changes described in
the authorization application. Missouri 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
[[Page 25080]]
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 Missouri including issuing permits,
until the State is granted authorization to do so.
C. What Is the Effect of This Authorization Decision?
The effect of this decision is that a facility in Missouri 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. Missouri 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.
This action does not impose additional requirements on the
regulated community because the regulations for which Missouri 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 Published Before This Rule?
EPA did not publish a proposal before today's rule because EPA
views this as a routine program change and does not expect comments
that oppose this approval. EPA is providing an opportunity for public
comment now. In addition to this rule, in the proposed rules section of
today's Federal Register EPA is 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, EPA 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 this Immediate
Final Rule. EPA will then 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 EPA receives comments that oppose only the authorization of a
particular change to the State hazardous waste program, EPA 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 Missouri Previously Been Authorized For?
On November 20, 1985, EPA published a Federal Register document
announcing its decision to grant final authorization for the RCRA base
program to the State of Missouri which became effective December 12,
1985 (50 FR 47740). Missouri received authorization for revisions to
its program as follows: February 27, 1989, effective April 28, 1989 (54
FR 8190); January 11, 1993, effective March 12, 1993 (58 FR 3497); and
on May 30, 1997, effective July 29, 1997 (62 FR 29301). On January 7,
1998, (63 FR 683) a correction was made to the May 30, 1997, (62 FR
29301) document to correct the effective date of the rule to be
consistent with sections 801 and 808 of the Congressional Review Act,
enacted as part of the Small Business Regulatory Enforcement Fairness
Act. Additionally, the State adopted and applied for interim
authorization for the corrective action portion of the HSWA
Codification Rule (July 15, 1985, 50 FR 28702). For a full discussion
of the HSWA Codification Rule, the reader is referred to the Federal
Register cited above. The State was granted interim authorization for
the corrective action portion of the HSWA Codification Rule on February
23, 1994, effective April 25, 1994 (50 FR 8544). Final authorization
for corrective action was granted on May 4, 1999, effective July 5,
1999 (64 FR 23740). Missouri received authorization for further
revisions to its program on February 28, 2000, effective April 28, 2000
(65 FR 10405); and on October 1, 2001, effective November 30, 2001 (66
FR 49841).
G. What Changes Is EPA Authorizing With This Action?
On June 22, 2005, Missouri submitted a final complete program
revision application, seeking authorization of its changes in
accordance with 40 CFR 271.21. EPA now makes an immediate final
decision, subject to receipt of written comments that oppose this
action, that Missouri's hazardous waste program revision satisfies all
of the requirements necessary to qualify for Final authorization.
Therefore, EPA grants Missouri Final authorization for the following
program changes:
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Analogous state
authority title 10,
division 25, code of
Description of federal Federal Register state regulations
requirement (include date and page (and/ (10 CSR 25, unless
checklist , if or RCRA statutory otherwise noted),
relevant) authority) Rules of Department
of Natural Resources
[as amended through
August 30, 2002]
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Organic Air Emission 59 FR 62896-62953 10 CSR 10-
Standards for Tanks, December 6,1994; 60 6.070(1)(A) & 10
Surface Impoundments, and FR 26828-26829 May CSR 25-3.260(1)(A);
Containers--Checklists 154, 19, 1995; 60 FR 25-3.260(1);
163 and 177). 50426-50430 4.261(1); 5.262(1);
September 29, 1995; 7.264(1); 7.265(1);
60 FR 56952-56954 7.270(1).
November 13, 1995;
61 FR 4903-4916
February 9, 1996;
61 FR 28508-28511
June 5, 1996; 61 FR
59932-59997
November 25, 1996;
62 FR 64636-64671
December 8, 1997;
and 64 FR 3382
January 21, 1999.
Standards for Generators of 53 FR 45089-45093 10 CSR 25-5.262(1).
Hazardous Waste--Checklist November 8, 1988.
58.
Exports of Hazardous Waste; 56 FR 43704-43705 10 CSR 25-5.262(1).
Technical Correction-- September 4, 1991.
Checklist 97.
Recycled Coke By-Product 57 FR 27880-27888 10 CSR 25-4.261(1);
Exclusion--Checklist 105. June 22, 1992. 7.266(1).
[[Page 25081]]
Land Disposal Restrictions 57 FR 37194-37282; 10 CSR 25-3.260(1);
for Newly Listed Wastes and 57 FR 39275; 57 FR 4.261(1); 5.262(1);
Hazardous Debris--Checklist 41173 August 18, 7.264(1); 7.265(1);
109. 1992. 7.268(1); 7.270(1).
Coke By-Products Listings-- 57 FR 37284-37306 10 CSR 25-4.261(1).
Checklist 110. August 18, 1992.
Boilers and Industrial 58 FR 38816-38884 10 CSR 25-3.260(1);
Furnaces; Changes for July 20, 1993. 7.266(1).
Consistency with New Air
Regulations--Checklist 125.
Testing and Monitoring 58 FR 46040-46051 10 CSR 25-3.260(1);
Activities--Checklist 126. August 31, 1993; 59 4.261(1); 7.264(1);
FR 47980-47982 7.265(1); 7.268(1);
September 19, 1994. 7.270(1).
Land Disposal Restrictions 61 FR 15566-15660; 10 CSR 25-7.268(1).
Phase III--Decharacterized 61 FR 15660-15668
Wastewaters, Carbamate April 8, 1996; 61
Wastes, and Spent FR 19117 April 30,
Potliners--Checklist 151. 1996; 61 FR 33680-
33691 June 28,
1996; 61 FR 36419-
36421 July 10,
1996; 61 FR 43924-
43931 August 26,
1996; 62 FR 7502-
7600 February 19,
1997.
Military Munitions Rule-- 62 FR 6622-6657 10 CSR 25-3.260(1);
Checklist 156. February 12, 1997. 4.261(1); 5.262(1);
6.263(1); 7.264(1);
7.265(1); 7.266(1);
7.266(2)(M)1-2;
7.270(1).
Land Disposal Restrictions-- 62 FR 25998-26040 10 CSR 25-4.261(1);
Phase IV--Checklist 157. May 12, 1997. 7.268(1).
Land Disposal Restrictions-- 62 FR 37694-37699 10 CSR 25-7.268(1).
Phase III--Emergency July 14, 1997.
Extension of the K088
National Capacity Variance,
Amendment--Checklist 160.
Emergency Revision of the 62 FR 45568-45573 10 CSR 25-7.268(1).
Carbamate Land Disposal August 28, 1997.
Restrictions--Checklist 161.
Clarification of Standards 62 FR 64504-64509 10 CSR 25-7.268(1);
for Hazardous Waste LDR December 5, 1997. 7.268(2)(D)4
Treatment Variances--
Checklist 162.
Land Disposal Restrictions 63 FR 28556-28753 10 CSR 25-7.268(1).
Phase IV--Treatment May 26, 1998; 63 FR
Standards for Metal Wastes 31266 June 8, 1998.
and Mineral Processing
Wastes--Checklist 167A.
Land Disposal Restrictions 63 FR 28556-28753 10 CSR 25-7.268(1).
Phase IV--Hazardous Soils May 26, 1998; 63 FR
Treatment Standards and 31266 June 8, 1998.
Exclusions--Checklist 167B.
Land Disposal Restrictions 63 FR 28556-28753 10 CSR 25-7.268(1).
Phase IV--Corrections-- May 26, 1998; 63 FR
Checklist 167C. 31266 June 8, 1998.
Mineral Processing Secondary 63 FR 28556-28753 10 CSR 25-4.261(1).
Materials Exclusion-- May 26, 1998; 63 FR
Checklist 167D. 31266 June 8, 1998.
Bevill Exclusion Revisions 63 FR 28556-28753 10 CSR 25-4.261(1).
and Clarification-- May 26, 1998; 63 FR
Checklist 167E. 31266 June 8, 1998.
Hazardous Waste Combustors 63 FR 33782-33829 10 CSR 7.270(1).
Revised Standards-- June 19, 1998.
Checklist 168.
Petroleum Refining Process 63 FR 42110-42189 10 CSR 25-4.261(1);
Wastes--Checklist 169. August 6, 1998; 63 7.266(1); 7.268(1).
FR 54356-54357
October 9, 1998.
Land Disposal Restrictions 63 FR 46332-46334 10 CSR 25-7.268(1).
Phase IV--Zinc August 31, 1998.
Micronutrient Fertilizers,
Administrative Stay--
Checklist 170.
Emergency Revision of the 63 FR 47410-47418 10 CSR 25-7.268(1).
Land Disposal Restrictions September 4, 1998.
Treatment Standards for
Listed Hazardous Wastes
from Carbamate Production--
Checklist 171.
Land Disposal Restrictions 63 FR 48124-48127 10 CSR 25-7.268(1).
Phase IV--Extension of September 9, 1998.
Compliance Date for
Characteristic Slags--
Checklist 172.
Land Disposal Restrictions-- 63 FR 51254-51267 10 CSR 25-7.268(1).
Treatment Standards for September 24, 1998.
Spent Potliners from
Primary Aluminum Reduction
(K088); Final Rule--
Checklist 173.
Post-Closure Requirements 63 FR 56710-56735 10 CSR 25-7.264(1);
and Closure Process-- October 22, 1998. 7.265(1); 7.270(1).
Checklist 174.
HWIR-Media--Checklist 175... 63 FR 65874-65947 10 CSR 25-3.260(1);
November 30, 1998. 4.261(1); 7.264(1);
7.265(1); 7.268(1);
7.270(1).
Petroleum Refining Process 64 FR 6806 February 10 CSR 25-4.261(1).
Wastes--Leachate Exemption-- 11, 1999.
Checklist 178.
Land Disposal Restrictions 64 FR 25408-25417 10 CSR 25-4.261(1);
Phase IV--Technical May 11, 1999. 5.262(1); 7.268(1).
Corrections and
Clarifications to Treatment
Standards--Checklist 179.
Test Procedures for the 64 FR 26315-26327 10 CSR 25-3.260(1).
Analysis of Oil and Grease May 14, 1999.
and Non-Polar Material--
Checklist 180.
[[Page 25082]]
Hazardous Air Pollutant 64 FR 52828-53077 10 CSR 25-260(1);
Standards for Combustors, September 30, 1999; 4.261(1); 7.264(1);
Miscellaneous Units, and 64 FR 63209-63213 7.265(1); 7.266(1);
Secondary Lead Smelters; November 19, 1999. 7.270(1).
Clarification of BIF
Requirements; Technical
Correction to Fast-track
Rule--Checklist 182.
Land Disposal Restrictions 64 FR 56469-56472 10 CSR 25-4.261(1);
Phase IV--Technical October 20, 1999. 5.262(1); 7.268(1).
Corrections--Checklist 183.
Accumulation Time for Waste 65 FR 12378-12398 10 CSR 25-5.262(1).
Water Treatment Sludges-- March 8, 2000.
Checklist 184.
Vacatur of Organobromine 65 FR 14472-14475 10 CSR 25-5.262(1);
Production Waste Listings-- March 17, 2000. 7.268(1).
Checklist 185.
Petroleum Refining Process 65 FR 36365-36367 10 CSR 25-4.261(1);
Wastes--Clarification--Chec June 8, 2000. 7.268(1).
klist 187.
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H. Where Are the Revised State Rules Different From the Federal Rules?
The following differences between the Federal Rules and the State
Rules have been deemed equivalent:
10 CSR 25-3.260(1)(A): Missouri replaces all Federal
internal references with references to its own analogs. Missouri
incorporates by reference 40 CFR part 60, including Appendix A, within
its air emission regulations at 10 CSR 10-6.070(1)(A). Therefore, the
state is equivalent to the Federal regulations.
10 CSR 25-5.262(2)(C)4.: Missouri has not adopted the
Federal provision at 40 CFR 262.34(a)(1)(iii) which was introduced by
the Wood Preserving Rule (Checklist 82). Checklist 109 merely made
minor typographical changes to this provision due to the insertion of
262.34(a)(1)(iv), which addresses containment buildings. Not adopting
262.34(a)(1)(iii) does not affect the State's provisions for Revision
Checklist 109.
10 CSR 25-7.266(2)(M)1. and (M)2.: Missouri has
substituted the oral and written notification of the director in 40 CFR
266.203(a)(1) with the notification of the ``department's emergency
response coordinator'' in the event of a loss or theft of waste
military munitions. This change satisfies the intent of the section;
therefore the state section is equivalent to the Federal.
EPA considers the following State requirements to be more stringent
than the Federal requirements:
10 CSR 25-3.260(2)(C): Missouri does not incorporate by
reference the Federal provision on Rulemaking Petitions found at 40 CFR
part 260, subpart C. The State requires the petitioner to seek
delisting from the Federal EPA after which Missouri may choose to allow
the waste delisting to be implemented for the State program. If the
State fails to take action within a sixty day window, the delisting is
``deemed approved.'' The modification is more stringent only in those
cases where the State decides not to approve the federal EPA approved
delisting. In those cases where the department either approves the
delisting or fails to take any action, the modification is equivalent.
10 CSR 25-4.261(2)(A)9: Missouri does not incorporate 40
CFR 261.4(a)(16) by reference. This section of the federal regulations
excludes comparable fuels and comparable syn/gas fuels in the
definition of solid waste. The state's omission of 40 CFR 261.4(a)(16)
makes the state more stringent because the syn/gas fuel provisions are
considered by EPA to reduce the stringency of the Federal program.
10 CSR 25-4.261(2)(D)4: Missouri does not incorporate 40
CFR 261.38 by reference. This section of the Federal regulations
includes requirements that syn/gas fuel generators must meet so as not
to be fully regulated as hazardous waste generators. The omission of 40
CFR 261.38 from the state regulations makes the state more stringent
because the syn/gas fuel provisions are considered by EPA to reduce the
stringency of the Federal program.
10 CSR 25-5.262(2)(C)6: Missouri modifies its
incorporation by reference of 40 CFR 262.34(d)(2) by requiring that all
generators regardless of quantity generated, including conditionally
exempt small quantity generators and small quantity generators, meet
the special requirements for ignitable or reactive waste set forth in
40 CFR 265.176 (incorporated by reference at 10 CSR 25-7.265). Because
the State requires the entire group of generators to follow the special
requirements, the State provision is more stringent.
10 CSR 25-7.266(2)(H)1: Missouri does not incorporate by
reference the exemption from regulation of used oil burned for
emergency recovery that is a hazardous waste solely because it is a
characteristic hazardous waste under 40 CFR part 261, subpart C. The
Federal program regulates this waste under the Used Oil requirements
found at 40 CFR part 279; however, Missouri includes this as hazardous
waste and subjects it to the more stringent requirements of part 266.
10 CSR 25-7.268(2)(B): Missouri does not incorporate 40
CFR 268.14(a)-(c) by reference and, as a result, is more stringent
because the state does not allow exemptions that the Federal program
added with Revision Checklist 109. Missouri does not allow otherwise
prohibited wastes to be placed in surface impoundments as allowed by
the Federal program through these exemptions.
10 CSR 25-7.270(2)(D)6: Missouri does not incorporate by
reference 40 CFR 270.42(j)(1) and (2), which address permit
modification requirements under 40 CFR 63.1211. Because the State does
not substitute its own requirements for the notification and approval
processes, the state provision is more stringent than the Federal
regulations because this provision is considered by EPA to reduce the
stringency of the Federal program. EPA added these provisions to help
assure that permitted facilities are able to meet the MACT standards
within three years.
These requirements are part of Missouri's authorized program and
are federally enforceable.
EPA also considers the following State requirement to go beyond the
scope of the Federal program:
10 CSR 25-7.266(2)(H)2: Missouri adds language to the end
of 40 CFR 266.100(d) which is the Federal provision on the conditional
exemption of facilities that process hazardous waste solely for metal
recovery. The state requires these facilities to be
[[Page 25083]]
subject to the Hazardous Waste Resource Recovery Processes regulations
at 10 CSR 25-9.020. Because there are no analogous provisions in the
Federal program, the State is broader in scope than the Federal
program.
Broader-in-scope requirements are not part of the authorized
program and EPA can not enforce them. However, although these
provisions are not requirements under RCRA, they remain effective as
state law.
I. Renumbering of Previously Authorized Provisions
The following table includes a list of Missouri provisions which
were previously authorized, and have since been renumbered. In most
instances, the State simply renumbered the provisions while making very
minor changes, if any, to the provisions themselves. EPA had determined
that the minor changes do not require the provisions to be re-
authorized.
------------------------------------------------------------------------
Previous state
citation as found in
Current state citation as title 10, Division
found in Title 10, Division 25, Code of State
25, Code of State Regulations Noted changes
Regulations [as amended [effective December
through August 30, 2002] 31, 1990, unless
otherwise noted]
------------------------------------------------------------------------
25-3.260(1)(A)18............ 25-3.260(1)(A)16.... N/A.
25-3.260(1)(A)19............ 25-3.260(1)(A)17.... N/A.
25-3.260(1)(A)20............ 25-3.260(1)(A)18.... N/A.
25-3.260(1)(A)21............ 25-3.260(1)(A)19.... N/A.
25-3.260(1)(A)22............ 25-3.260(1)(A)20.... N/A.
25-3.260(1)(A)23............ 25-3.260(1)(A)21.... N/A.
25-3.260(1)(A)24............ 25-3.260(1)(A)22.... N/A.
25-3.260(1)(A)25............ 25-3.260(1)(A)23.... N/A.
25-3.260(1)(A)26............ 26-3.260(1)(A)24.... State substituted
``regulation'' for
``rule''.
25-3.260(1)(A)27............ 26-3.260(1)(A)25.... N/A.
25-3.260(2)(A)1-(A)1.C...... 25-3.260(1)(B)-(1)(B At 25-
)3. 3.260(2)(A)1.A.,
Missouri removed
``this'' prior to
``subsection
(1)(B).''.
25-3.260(2)(C).............. 25-3.260(1)(C), N/A.
effective March 5,
1999.
25-3.260(2)(D).............. 25-3.260(1)(D)...... N/A.
25-3.260(3)(A)-(A)3......... 25-3.260(2)(A)-(A)3. N/A.
25-3.260(3)(C)-(H)3......... 25-3.260(2)(C)-(H)3. Slight wording
changes.
25-3.260(3)(H)5............. 25-3.260(2)(H)4..... N/A.
25-3.260(3)(I) and 25- 25-3.260(2)(I) and N/A.
3.260(3)(I)1. 25-3.260(2)(I)1.
25-3.260(3)(J)-(M)2......... 25-3.260(2)(J)-(M)2. N/A.
25-3.260(3)(M)4............. 25-3.260(2)(M)3..... Punctuation change.
25-3.260(3)(O)-(O)2......... 25-3.260(2)(O)-(O)2. Slight wording
changes.
25-3.260(3)(O)4............. 25-3.260(2)(O)3..... State substituted
``regulations'' for
``rules''.
25-3.260(3)(P) and (P)2..... 25-3.260(2)(P) and N/A.
(P)1.
25-3.260(3)(R)-(R)6......... 25-3.260(2)(R)-(R)6. N/A.
25-3.260(3)(R)8-(T)1........ 25-3.260(2)(R)8-(T)1 Slight wording
changes.
25-3.260(3)(T)3 and (T)4.... 25-3.260(2)(T)2 and Slight wording
(T)3. changes.
25-3.260(3)(U) introduction. 25-3.260(2)(U)...... N/A.
25-3.260(3)(U)3............. 25-3.260(2)(U)1..... N/A.
25-3.260(3)(V) introduction. 25-3.260(2)(V)...... N/A.
25-3.260(3)(V)2............. 25-3.260(2)(V)2..... N/A.
25-3.260(3)(W)-(W)2......... 25-3.260(2)(W)-(W)2. N/A.
25-4.261(2)(A)3............. 25-4.261(2)(A)2..... N/A.
25-4.261(2)(A)5............. 25-4.261(2)(A)4..... N/A.
25-4.261(2)(A)7............. 25-4.261(2)(A)5..... Punctuation change.
25-4.261(2)(A)11............ 25-4.261(2)(A)6..... Slight wording
changes.
25-4.261(2)(A)12............ 25-4.261(2)(A)7..... N/A.
25-4.261(2)(A)12.A.-12.B.... 25-4.261(2)(A)7.A.-7 N/A.
.B..
25-4.261(2)(A)13............ 25-4.261(2)(A)8, N/A.
effective March 31,
1996.
25-4.261(2)(A)17............ 25-4.261(2)(A)9..... N/A.
25-5.262(2)(C)5-7........... 25-5.262(2)(C)4-6... N/A.
25-5.262(2)(I).............. 25-5.262(2)(H)...... Punctuation change
25-5.262(2)(J).............. 25-5.262(2)(I)...... N/A.
25-6.263(2)(A)3-3.E......... 25-6.263(2)(A)3-3.C. Slight wording
changes.
25-6.263(2)(B)1, except 25-6.263(2)(B)1, N/A.
(B)1.A.(II). except (B)1.A., 3rd
sentence, effective
March 31, 1996.
25-7.264(2)(B)3............. 25-7.264(2)(B)4..... N/A.
25-7.264(2)(E)2 introduction 25-7.264(2)(E)3 N/A.
introduction.
25-7.264(2)(E)2.A........... 25-7.264(2)(E)3.A... N/A.
25-7.264(2)(E)2.B. and 2.C.. 25-7.264(2)(E)3.B. N/A.
and 3.C..
25-7.264(2)(E)2.D........... 25-7.264(2)(E)3-3.E. N/A.
25-764(2)(E)2.E............. 25-7.264(2)(E)3.E... N/A.
25-7.264(2)(E)3-3.C.(VI).... 25-7.264(2)(E)4-4.C. N/A.
(VI).
25-7.264(2)(F)4 25-7.264(2)(F)5 N/A.
introduction, 4.A. and introduction, 5.A.
4.A.(I). and 5.A.(I).
25-7.264(2)(F)4.B. 25-7.264(2)(F)5 N/A.
introduction-4.B.(I). introduction-
5.B.(I).
25-7.264(2)(F)4.B.(III)..... 25-7.264(2)(F)5.B.(V N/A.
II).
25-7.264(2)(F)5............. 25-7.264(2)(F)6..... N/A.
25-7.264(2)(G)2-4........... 25-7.264(2)(G)3-5... N/A.
25-7.264(2)(J)3-4........... 25-7.264(2)(J)2-3... N/A.
25-7.264(2)(L) introduction. 25-7.264(2)(L), N/A.
first sentence.
25-7.264(2)(L)1............. 25-7.264(2)(L), N/A.
second sentence.
25-7.264(2)(N)2.B.-G........ 25-7.264(2)(N)2.A., N/A.
effective March 5,
1999.
[[Page 25084]]
25-7.264(2)(N)2.J.-N........ 25-7.264(2)(N)2.B.-F N/A.
..
25-7.265(2)(E)1-3.D......... 25-7.265(2)(E)1..... N/A.
25-7.265(2)(G)1............. 25-7.265(2)(G)2..... N/A.
25-7.265(2)(G)2-(G)4........ 25-7.265(2)(G)3-(G)5 N/A.
25-7.265(2)(I) introduction. 25-7.265(2)(I) and N/A.
(I)1 introduction.
25-7.265(2)(I)1............. 25-7.265(2)(I)1.A... N/A.
25-7.265(2)(I)2 introduction- 25-7.265(2)(I)1.B.-B N/A.
2.E.. .(V).
25-7.265(2)(I)3............. 25-7.265(2)(I)1.C... N/A.
25-7.265(2)(I)4 introduction- 25-7.265(2)(1)1.D. N/A.
4.B.. introduction-D.(II).
25-7.265(2)(I)5............. 25-7.265(2)(I)2..... N/A.
25-7.265(2)(J)2............. 25-7.265(2)(J)1..... N/A.
25-7.270(2)(A)7............. 25-7.270(2)(A)5..... N/A.
25-7.270(2)(B)5 introduction 25-7.270(2)(B)4, N/A.
and 25-7.270(2)(B)5.A.-L. fourth sentence and
25-7.270(2)(B)4.A.-
L.
25-7.270(2)(B)6............. 25-7.270(2)(B)5..... N/A.
25-7.270(2)(B)12-15......... 25-7.270(2)(B)11-15. N/A.
------------------------------------------------------------------------
J. Who Handles Permits After the Authorization Takes Effect?
Missouri 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 EPA issued prior to the effective date of this authorization. EPA
will not issue any more new permits or new portions of permits for the
provisions listed in the Table above after the effective date of this
authorization. EPA will continue to implement and issue permits for
HSWA requirements for which Missouri is not yet authorized.
K. What Is Codification and Is EPA Codifying Missouri'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. EPA does this by
referencing the authorized State rules in 40 CFR part 272. EPA reserves
the amendment of 40 CFR part 272, subpart AA for this authorization of
Missouri's program changes until a later date.
L. Statutory and Executive Order Reviews
This rule only authorizes hazardous waste requirements pursuant to
RCRA section 3006 and does not impose any requirements other than those
imposed by State law (see Supplementary Information, Section A. Why are
Revisions to State Programs Necessary?). Therefore this rule complies
with applicable executive orders and statutory provisions as follows:
1. Executive Order 18266: Regulatory Planning Review
The Office of Management and Budget has exempted this action from
the requirements of Executive Order 12866 (58 FR 51735, October 4,
1993).
2. Paperwork Reduction Act
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.).
3. Regulatory Flexibility Act
After considering the economic impacts of today's rule on small
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), I
certify that this rule will not have a significant economic impact on a
substantial number of small entities.
4. Unfunded Mandates Reform Act
Because this rule approves 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. L. 104-4).
5. Executive Order 13132: Federalism
Executive Order 13132 (64 FR 43255, August 10, 1999) does not apply
to this rule because it will not have federalism implications (i.e.;
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).
6. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13185 (65 FR 67249, November 9, 2000) does not
apply to this rule because it will not have tribal implications (i.e.,
substantial direct effects on one or more Indian Tribes, or on the
relationship between the Federal Government and Indian Tribes, or on
the distribution of power and responsibilities between the Federal
Government and Indian Tribes.)
7. Executive Order 13045: Protection of Children From Environmental
Health and Safety Rules
This rule is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997), because it is not economically significant and it is
not based on environmental health or safety risks.
8. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This rule is not subject to Executive Order 13211 (66 FR 28355, May
22, 2001), because it is not a significant regulatory action as defined
in Executive Order 12866.
9. National Technology Transfer Advancement Act
EPA approves State programs as long as they meet criteria required
by RCRA, so it would be inconsistent with applicable law for EPA, in
its review of a State program, to require the use of a particular
voluntary consensus standard in place of another standard that meets
the requirements of RCRA. Thus, the requirements of section 12(d) of
the National Technology and Advancement Act of 1995 (15 U.S.C. 272
note) do not apply to this rule.
[[Page 25085]]
10. Executive Order 12988
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.
11. Executive Order 12630: Evaluation of Risk and Avoidance of
Unanticipated Takings
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.
12. Congressional Review Act
EPA will submit a report containing this rule and other information
required by the Congressional Review Act (5 U.S.C. 801 et seq.) 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).
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: April 17, 2006.
James B. Gulliford,
Regional Administrator, Region 7.
[FR Doc. 06-4025 Filed 4-27-06; 8:45 am]
BILLING CODE 6560-50-P