[Federal Register: March 7, 2008 (Volume 73, Number 46)]
[Rules and Regulations]
[Page 12277-12279]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07mr08-11]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[EPA-R08-RCRA-2006-0127; FRL-8538-1]
Utah: Final Authorization of State Hazardous Waste Management
Program Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Immediate final 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. Utah 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 authorizing the State's changes through this
immediate final action.
DATES: This final authorization will become effective on May 6, 2008,
unless the EPA receives adverse written comment by April 7, 2008. If
adverse comment is received, EPA will publish a timely withdrawal of
the immediate final rule in the Federal Register informing the public
that the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
RCRA-2006-0127, by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
E-mail: daly.carl@epa.gov.
Fax: (303) 312-6341.
Mail: Send written comments to Carl Daly, Solid and
Hazardous Waste Program, EPA Region 8, Mailcode 8P-HW, 1595 Wynkoop
Street, Denver, Colorado 80202-1129.
Hand Delivery or Courier: Deliver your comments to Carl
Daly, Solid and Hazardous Waste Program, EPA Region 8, Mailcode 8P-HW,
1595 Wynkoop Street, Denver, Colorado 80202-1129. Such 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-
2006-0127. 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 http://
www.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 or 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 www.regulations.gov or in hard copy at: EPA
Region 8, from 9 a.m. to 4 p.m., 1595 Wynkoop Street, Denver, Colorado,
contact: Carl Daly, phone number (303) 312-6416, or the Utah Department
of Environmental Quality (UDEQ), from 8 a.m. to 5 p.m., 288 North 1460
West, Salt Lake City, Utah 84114-4880, contact: Susan Toronto, phone
number (801) 538-6776. The public is advised to call in advance to
verify the business hours.
FOR FURTHER INFORMATION CONTACT: Carl Daly, Solid and Hazardous Waste
Program, EPA Region 8, 1595 Wynkoop Street, Denver, Colorado 80202,
(303) 312-6416, daly.carl@epa.gov.
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 Utah's application to revise its authorized
program meets all of the statutory and regulatory requirements
established by RCRA. Therefore, we grant Utah final authorization to
operate its hazardous waste program with the changes described in the
authorization application. Utah 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 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 Utah is
authorized to do so.
C. What Is the Effect of This Authorization Decision?
This decision means that a facility in Utah 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. 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: (1) Conduct
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inspections; require monitoring, tests, analyses, or reports; (2)
enforce RCRA requirements; suspend or revoke permits; and, (3) take
enforcement actions regardless of whether Utah 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 this action are already effective and are not changed by
this action.
D. Why Wasn't There a Proposed Rule Before This Rule?
EPA did not publish a proposal before this rule because we view
this as a routine program change. We are providing an opportunity for
the public to 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.
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 base any further decision
on the authorization of the State program changes on the proposal
mentioned in the previous paragraph. We will then address all public
comments in a later final rule. You may not have another opportunity to
comment, therefore, 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 Utah hazardous waste 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. For What Has Utah Previously Been Authorized?
Utah initially received final authorization on October 10, 1984,
effective October 24, 1984 (49 FR 39683) to implement its base
hazardous waste management program. Utah received authorization for
revisions to its program on February 21, 1989 (54 FR 7417), effective
March 7, 1989; May 23, 1991 (56 FR 23648) and August 6, 1991 (56 FR
37291), both effective July 22, 1991; May 15, 1992 (57 FR 20770),
effective July 14, 1992; February 12, 1993 (58 FR 8232) and May 5, 1993
(58 FR 26689), both effective April 13, 1993; October 14, 1994 (59 FR
52084), effective December 13, 1994; May 20, 1997 (62 FR 27501),
effective July 21, 1997; January 13, 1999 (64 FR 02144), effective
March 15, 1999; October 16, 2000 (65 FR 61109), effective January 16,
2001, May 7, 2002 (67 FR 30599), effective July 7, 2002; and June 11,
2003 (68 FR 34829), effective June 11, 2003.
G. What Changes Are We Authorizing With This Action?
On September 30, 2003, Utah submitted a complete program revision
application, seeking authorization of their 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 Utah's
hazardous waste program revision satisfies all of the requirements
necessary to qualify for final authorization. Therefore, we grant Utah
final authorization for the following program changes (the federal
citation followed by the analog from the Utah Administrative Code
(R315), revised September 15, 2003): Hazardous Air Pollutant Standards;
Technical Corrections (65 FR 42292, 07/10/00)(Checklist 188), (66 FR
24270, 05/14/01)(Checklist 188.1), and (66 FR 35087, 07/03/
01)(Checklist 188.2)/R315-13-2-26, R315-3-4.3, and R315-8-
15.1(b)(1)&(3); Chlorinated Aliphatics Listing and LDRs for Newly
Identified Wastes (65 FR 67068, 11/08/00)(Checklist 189)/R315-2-10(f),
R315-13-1, R315-50-9, and R315-50-10; Mixture and Derived-From Rules
Revisions (66 FR 27266, 05/16/01)(Checklist 192A)/R315-2-
3(a)(2)(iii)&(iv), R315-2-3(c)(2)(i), R315-2-3(f); Land Disposal
Restrictions Correction (66 FR 27266, 05/16/01)(Checklist 192B)/R315-
13-1; Change of Official EPA Mailing Address (66 FR 34374, 06/28/
01)(Checklist 193)/R315-1-2(a); Mixture and Derived-From Rules Revision
II (66 FR 50332, 10/03/01)(Checklist 194)/R315-2-3(a)(2)(iv) through
(iv)(G); R315-2-3(f)(4); Inorganic Chemical Manufacturing Wastes
Identification and Listing (66 FR 58258, 11/20/01)(Checklist 195)/R315-
2-4(b)(15), R315-2-10(f), R315-13-1; and R315-50-9; CAMU Amendments (67
FR 02962, 01/22/02)(Checklist 196)/R315-1-1(b), and R315-8-21;
Hazardous Air Pollutant Standards for Combustors: Interim Standards (67
FR 06792, 02/13/02)(Checklist 197)/R315-3-2.10(e), R315-3-2.13, R315-3-
6.3, R315-3-6.6, R315-3-9.1(a)&(b), R315-7-22.1(b)(1)&(3), R315-8-
15.1(b)(1)&(4), and R315-14-7; Hazardous Air Pollutant Standards for
Combustors: Corrections (67 FR 06968, 02/14/02)(Checklist 198)/R315-3-
4.3 and R315-14-7; Vacatur of Mineral Processing Spent Materials Being
Reclaimed as Solid Wastes and TCLP Use with MGP waste (67 FR 11251, 03/
13/02)(Checklist 199)/R315-2-2(c)(3), R315-2-4(a)(17), and R315-2-
9(g)(1); Treatment Variance for Radioactively Contaminated Batteries
(67 FR 62618, 10/07/02)(Checklist 201)/R315-13-1.
H. Where Are the Revised State Rules Different From the Federal Rules?
Utah did not adopt the exclusion for hazardous waste containing
radioactive waste at 40 CFR 261.3(h) in this rulemaking. This makes the
State more stringent. Utah did not change any previously more stringent
or broader-in-scope provisions to be equivalent to the federal rules.
I. Who Handles Permits After the Authorization Takes Effect?
Utah 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
until Utah has equivalent instruments in place. We will not issue any
new permits or new portions of permits for the provisions listed in
section G after the effective date of this authorization. EPA
previously suspended issuance of permits for other provisions on the
effective date of Utah's final authorization for the RCRA base program
and each of the revisions listed in Item F. EPA will continue to
implement and issue permits for HSWA requirements for which Utah is not
yet authorized.
J. 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:
1. Lands within the exterior boundaries of the following Indian
reservations located within or abutting the State of Utah:
a. Goshute Indian Reservation
b. Navajo Indian Reservation
c. Northwestern Band of Shoshoni Nation of Utah (Washakie) Indian
Reservation
d. Paiute Indian Tribe of Utah Indian Reservation
e. Skull Valley Band of Goshute Indians of Utah Indian Reservation
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f. Uintah and Ouray Indian Reservation (see below)
g. Ute Mountain Indian Reservation;
2. Any land held in trust by the United States for an Indian tribe;
and,
3. Any other areas which are ``Indian country'' within the meaning
of 18 U.S.C. 1151.
With respect to the Uintah and 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.
K. What Is Codification and Is EPA Codifying Utah's Hazardous Waste
Program as Authorized in This Rule?
Codification is the process of placing a 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. Utah's rules, up to and including those
revised on February 2, 1996, have previously been codified through the
incorporation-by-reference effective March 15, 1999 (66 FR 58964,
November 26, 2001). We reserve the amendment of 40 CFR part 272,
subpart TT for the codification of Utah's updated program until a later
date.
L. 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 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). 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.).
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 May 6, 2008.
List of Subjects in 40 CFR Part 271
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous waste, Hazardous waste
transportation, Incorporation-by-Reference, 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: February 22, 2008.
Robert E. Roberts,
Regional Administrator, Region 8. 1
[FR Doc. E8-4251 Filed 3-6-08; 8:45 am]
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