[Federal Register Volume 75, Number 247 (Monday, December 27, 2010)]
[Proposed Rules]
[Pages 81187-81190]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-32480]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[EPA-R08-RCRA-2010-0933, FRL-9244-1]
South Dakota: Final Authorization of State Hazardous Waste
Management Program Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed Rule.
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SUMMARY: The Solid Waste Disposal Act, as amended, commonly referred to
as the Resource Conservation and Recovery Act (RCRA), allows the
Environmental Protection Agency (EPA) to authorize states to operate
their hazardous waste management programs in lieu of the federal
program. South Dakota has applied to EPA for final authorization of the
changes to its hazardous waste program under RCRA. EPA has determined
that these changes satisfy all requirements needed to qualify for final
authorization, and is proposing to authorize the State's changes
through this proposed final action.
DATES: Comments must be received by January 26, 2011.
ADDRESSES: Submit your comments by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
E-mail: [email protected].
Fax: (303) 312-6341 (prior to faxing, please notify the
EPA contact listed below).
Mail, Hand Delivery or Courier: Deliver your comments to
Christina Cosentini, Solid and Hazardous Waste Program, EPA Region 8,
Mailcode 8P-HW, 1595 Wynkoop Street, Denver, Colorado 80202-1129.
Courier or hand deliveries are only accepted during the Regional
Office's normal hours of operation. The public is advised to call in
advance to verify the business hours. Special arrangements should be
made for deliveries of boxed information.
Instructions: Direct your comments to Docket ID No.: EPA-R08-RCRA-
2010-0933. EPA's policy is that all comments received will be included
in the public docket without change, 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 information that you
consider to be CBI or otherwise protected through regulations.gov, or
e-mail. The federal Web site http://www.regulations.gov 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. For additional information about EPA's public
docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information may not be publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, will be publicly available only
in hard copy. Publicly available docket materials are available either
electronically through http://www.regulations.gov or in hard copy at:
EPA Region 8, from 8 a.m. to 4 p.m., 1595 Wynkoop Street, Denver,
Colorado, contact: Christina Cosentini, phone number (303) 312-6231, or
the South Dakota Department of Environment and Natural Resources, from
9 a.m. to 5 p.m., Joe Foss Building, 523 East Capitol Avenue, Pierre,
SD 57501, contact: Carrie Jacobson, phone number (605) 773-3153. The
public is advised to call in advance to verify business hours.
FOR FURTHER INFORMATION CONTACT: Christina Cosentini, Solid and
Hazardous Waste Program, EPA Region 8, 1595 Wynkoop Street, Denver,
Colorado 80202, (303) 312-6231, [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, states must
change their programs and ask EPA to authorize the changes. Changes to
state programs may be necessary when federal or state statutory or
regulatory authority is modified or when certain other changes occur.
Most commonly, states must change their programs because of changes to
EPA's regulations in 40 Code of Federal Regulations (CFR) parts 124,
260 through 266, 268, 270, 273, and 279.
B. What decisions have we made in this rule?
We conclude that the State of South Dakota's application to revise
its authorized program meets all of the statutory and regulatory
requirements established by RCRA. Therefore, we grant South Dakota
final authorization to operate its hazardous waste program with the
changes described in the authorization application. South Dakota has
responsibility for permitting Treatment, Storage, and Disposal
Facilities (TSDFs), and for carrying out the aspects of the RCRA
program described in its revised program application, subject to the
limitations of the Hazardous and Solid Waste Amendments of 1984 (HSWA)
for all areas within the State except for lands located within formal
Indian Reservations within or abutting the State of South Dakota,
including the Cheyenne River Indian Reservation, Crow Creek Indian
Reservation, Flandreau Indian Reservation, Lower Brule Indian
Reservation, Pine Ridge Indian Reservation, Rosebud Indian
[[Page 81188]]
Reservation, Standing Rock Indian Reservation, Yankton Indian
Reservation, any land held in trust by the U.S. for an Indian tribe,
and any other land, whether on or off a reservation that qualifies as
Indian country within the meaning of 18 U.S.C. 1151. 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 South Dakota including
issuing permits, until South Dakota 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 South Dakota
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. The State of South Dakota 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:
Conduct inspections, and require monitoring, tests,
analyses, or reports; and
Enforce RCRA requirements and suspend or revoke permits;
and
Take enforcement actions regardless of whether South
Dakota has taken its own actions.
This action does not impose additional requirements on the
regulated community because the regulations for which South Dakota is
being authorized by this action are already effective under State law,
and are not changed by this action.
D. What happens if EPA receives comments opposing this action?
If EPA receives comments opposing this authorization, we will
address all public comments in a later Federal Register. You will not
have another opportunity to comment on this action, you must do so at
this time.
E. For what has South Dakota previously been authorized?
South Dakota initially received final authorization on October 19,
1984, effective November 2, 1984 (49 FR41038) to implement the RCRA
hazardous waste management program. We granted authorization for
changes to their program on: April 17, 1991, effective June 17, 1991
(56 FR 15503); September 8, 1993, effective November 8, 1993 (58 FR
47216); January 10, 1994, effective March 11, 1994 (59 FR 01275); July
24, 1996, effective September 23, 1996 (61 FR 38392); May 9, 2000,
effective June 8, 2000 (65 FR 26755); April 23, 2004, effective May 24,
2004 (69 FR 21962); and March 8, 2006, effective March 8, 2006 (71 FR
11533).
F. What changes are we approving with today's action?
South Dakota submitted a complete program revision application on
April 1, 2010, seeking authorization of their changes in accordance
with 40 CFR 271.21. Subject to receipt of written comments that oppose
this action, we now propose that South Dakota's hazardous waste program
revision satisfies all of the requirements necessary to qualify for
final authorization. Therefore, we propose to grant South Dakota final
authorization for its entire Hazardous Waste Program. South Dakota has
revised its entire program using a method that incorporates the federal
Program by reference. This method clearly indicates where the State's
requirements are more stringent or broader-in-scope than the federal
requirements. The State also excluded federal provisions, from the
incorporation by reference, that are not delegated to the State's
program.
The State of South Dakota revisions consist of regulations which
specifically govern Federal Hazardous Waste revisions promulgated from
July 1, 2004 through July 1, 2007, (RCRA Clusters XIV-XVII). South
Dakota requirements are included in a chart with this document.
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Description of federal Federal Register
requirement (include date and page (and/ Analogous state
checklist , if or RCRA statutory authority
relevant) authority)
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1. Recycled Used Oil 68 FR 44659-44665 South Dakota
Management Standards; July 30, 2003. Codified Laws
Clarification. (Checklist (SDCL) 34A-11;
203). Administrative
Rules of South
Dakota (ARSD),
74:28:22:01,
74:28:27:01, 2007
Rule Update,
effective September
13, 2007.
2. NESHAP: Surface Coating 69 FR 22601-22661 South Dakota
of Automobiles and Light- April 26, 2004. Codified Laws
Duty Trucks. (Checklist (SDCL) 34A-11;
205). Administrative
Rules of South
Dakota (ARSD),
74:28:25:01,
74:28:28:01, 2007
Rule Update,
effective September
13, 2007.
3. Nonwastewaters from Dyes 70 FR 9138-9180 South Dakota Code
and Pigments. (Checklist February 24, 2005. Annotated (SDCL)
206). 34A-11;
Administrative
Rules of South
Dakota (ARSD),
74:28:22:01,
74:28:30:01, 2007
Rule Update,
effective September
13, 2007.
4. Uniform Hazardous Waste 70 FR 10776-10825 South Dakota Code
Manifest Rule. (Checklist March 4, 2005. Annotated (SDCL)
207). 34A-11;
Administrative
Rules of South
Dakota (ARSD),
74:28:21:02,
74:28:22:01,
74:28:23:01,
74:28:24:01,
74:28:25:01,
74:28:28:01, 2007
Rule Update,
effective September
13, 2007.
5. Methods Innovation Rule 70 FR 34538-34592 South Dakota Code
and SW-846 Final Update June 14, 2005. Annotated (SDCL)
IIIB. (Checklist 208). 34A-11;
Administrative
Rules of South
Dakota (ARSD),
74:28:21:02,
74:28:22:01,
74:28:25:01,
74:28:26:01,
74:28:27:01,
74:28:28:01,
74:28:30:01, 2007
Rule Update,
effective September
13, 2007.
6. Universal Waste Rule: 70 FR 45508-45522 South Dakota Code
Specific Provisions for August 5, 2005. Annotated (SDCL)
Mercury Containing 34A-11;
Equipment. (Checklist 209). Administrative
Rules of South
Dakota (ARSD),
74:28:21:02,
74:28:22:01,
74:28:25:01,
74:28:28:01,
74:28:26:01,
74:28:30:01,
74:28:33:01, 2007
Rule Update,
effective September
13, 2007.
[[Page 81189]]
7. Standardized Permits for 70 FR 53420-53478 South Dakota Code
RCRA Hazardous Waste September 8, 2005. Annotated (SDCL)
Management Facilities. 34A-11;
(Checklist 210). Administrative
Rules of South
Dakota (ARSD),
74:28:21:02,
74:28:22:01,
74:28:26:01, 2008
Rule Update,
effective October
27, 2008.
8. Revisions of Wastewater 70 FR 57769-57785 South Dakota Code
Treatment Exemptions for October 4, 2005. Annotated (SDCL)
Hazardous Waste Mixtures. 34A-11;
(``Headworks exemptions'' Administrative
Checklist 211). Rules of South
Dakota (ARSD),
74:28:22:01, 2007
Rule Update,
effective September
13, 2007.
9. NESHAP: Final Standards 70 FR 59402-59579 South Dakota Code
for Hazardous Waste October 12, 2005. Annotated (SDCL)
Combustors. (Phase I Final 34A-11;
Replacement Standards and Administrative
Phase II (Checklist 212). Rules of South
Dakota (ARSD),
74:28:21:02,
74:28:25:01,
74:28:26:01,
74:28:27:01,
74:28:28:01, 2007
Rule Update,
effective September
13, 2007.
10. Burden Reduction 71 FR 16862-16915 South Dakota Code
Initiative. (Checklist 213). April 4, 2006. Annotated (SDCL)
34A-11;
Administrative
Rules of South
Dakota (ARSD),
74:28:21:02,
74:28:22:01,
74:28:25:01,
74:28:26:01,
74:28:27:01,
74:28:28:01,
74:28:33:01 2007
Rule Update,
effective September
13, 2007.
11. Corrections to Errors in 71 FR 40254-40280 South Dakota Code
the Code of Federal July 14, 2006. Annotated (SDCL)
Regulations. (Checklist 34A-11;
214). Administrative
Rules of South
Dakota (ARSD),
74:28:21:02,
74:28:22:01,
74:28:23:01,
4:28:25:01,
74:28:26:01,
74:28:27:01,
74:28:28:01,
74:28:30:01,
74:28:33:01, 2008
Rule Update,
effective October
27, 2008.
12. Cathode Ray Tubes Rule. 71 FR 42928-42949 South Dakota Code
(Checklist 215). July 28, 2006. Annotated (SDCL)
34A-11;
Administrative
Rules of South
Dakota (ARSD),
74:28:21:02,
74:28:22:01, 2007
Rule Update
effective September
13, 2007.
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G. Where are the revised state rules different from the federal rules?
The South Dakota hazardous waste program is equivalent to the
Federal program in all areas. EPA cannot delegate the Federal
requirements at 40 CFR part 262, subpart E and H, sections 268.5,
268.6, 268.42(b), and 268.44(a) through (g). EPA will continue to
implement these requirements.
H. Who handles permits after the authorization takes effect?
South Dakota 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 were issued prior to the effective date of this
authorization. We will not issue any new permits or new portions of
permits for the provisions listed in the Table in this document after
the effective date of this authorization. EPA will continue to
implement and issue permits for HSWA requirements for which South
Dakota is not yet authorized.
I. How does today's action affect Indian country (18 U.S.C. 1151) in
South Dakota?
South Dakota is not authorized to carry out its hazardous waste
program in Indian country, as defined in 18 U.S.C. 1151. This includes,
but is not limited to:
1. Lands within the exterior boundaries of the following Indian
Reservations located within or abutting the State of South Dakota:
a. Cheyenne River Indian Reservation.
b. Crow Creek Indian Reservation.
c. Flandreau Indian Reservation.
d. Lower Brule Indian Reservation.
e. Pine Ridge Indian Reservation.
f. Rosebud Indian Reservation.
g. Standing Rock Indian Reservation.
h. Yankton Indian Reservation.
2. Any land held in trust by the U.S. for an Indian tribe, and
3. Any other land, whether on or off a reservation that qualifies
as Indian country within the meaning of 18 U.S.C. 1151.
Therefore, this program revision does not extend to Indian country
where EPA will continue to implement and administer the RCRA program in
these lands.
J. What is codification and is EPA codifying South Dakota'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 CFR. We do this by referencing the authorized State
rules in 40 CFR part 272. We reserve the amendment of 40 CFR part 272,
subpart QQ for this authorization of South Dakota's program changes
until a later date. In this authorization application EPA is not
codifying the rules documented in this Federal Register notice.
K. Statutory and Executive Order Reviews
The Office of Management and Budget has exempted this action from
the requirements of Executive Order 12866 (58 FR 51735, October 4,
1993), and therefore this action is not subject to review by OMB. This
action authorizes state requirements for the purpose of RCRA 3006 and
imposes no additional requirements beyond those imposed by state law.
Accordingly, I certify that this action will not have a significant
economic impact on a substantial number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this action
authorizes preexisting 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
[[Page 81190]]
Reform Act of 1995 (Pub. L. 104-4). For the same reason, this action
also does not significantly or uniquely affect the communities of
tribal governments, as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000). This action will not have substantial direct effects
on the states, on the relationship between the national government and
the states, or on the distribution of power and responsibilities among
the various levels of government, as specified in Executive Order 13132
(64 FR 43255, August 10, 1999), because it merely authorizes state
requirements as part of the State RCRA hazardous waste program without
altering the relationship or the distribution of power and
responsibilities established by RCRA. This action also is not subject
to Executive Order 13045 (62 FR 19885, April 23, 1997), because it is
not economically significant and it does not make decisions based on
environmental health or safety risks. 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.).
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: December 6, 2010.
Carol Rushin,
Acting Regional Administrator, Region 8.
[FR Doc. 2010-32480 Filed 12-23-10; 8:45 am]
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