[Federal Register: March 12, 2008 (Volume 73, Number 49)]
[Rules and Regulations]
[Page 13141-13144]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12mr08-33]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[EPA-R08-RCRA-2006-0382; FRL-8541-5]
Colorado: 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. Colorado 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 12, 2008,
unless the EPA receives adverse written comment by April 11, 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-2006-0382, 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-
2006-0382. 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 Colorado
Department of Public Health and Environment, from 9 a.m. to 4 p.m.,
4300 Cherry Creek Drive South, Denver, Colorado 80222-1530; contact:
Randy Perila, phone number (303) 692-3364. 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 Colorado's application to revise its authorized
program meets all of the statutory and regulatory requirements
established by RCRA. Therefore, we grant Colorado final authorization
to operate its hazardous waste program with the changes described in
the authorization applications. Colorado has responsibility for
permitting Treatment, Storage, and Disposal Facilities (TSDFs) within
its borders, except in Indian
[[Page 13142]]
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 Colorado, including
issuing permits, until Colorado is authorized to do so.
C. What is the Effect of This Authorization Decision?
This decision means that a facility in Colorado 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.
Colorado 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 inspections; require
monitoring, tests, analyses, or reports; (2) enforce RCRA requirements;
suspend or revoke permits; and, (3) take enforcement actions regardless
of whether Colorado has taken its own actions.
This action does not impose additional requirements on the
regulated community because the regulations for which Colorado 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 Colorado 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 Colorado Previously Been Authorized?
Colorado initially received final authorization on October 19,
1984, effective November 2, 1984 (49 FR 41036) to implement the RCRA
hazardous waste management program. We granted authorization for
changes to their program on October 24, 1986, effective November 7,
1986 (51 FR 37729); May 15, 1989, effective July 14, 1989 (54 FR
20847); May 10, 1991, effective July 9, 1991 (56 FR 21601); April 7,
1994, effective June 6, 1994 (59 FR 16568); and November 14, 2003,
effective January 13, 2004 (68 FR 64550).
G. What Changes Are We Authorizing With This Action?
Colorado submitted complete program revision applications on
December 31, 2002, September 23, 2003, and December 23, 2003 seeking
authorization of their changes in accordance with 40 CFR 271.21. Some
of the revisions that Colorado submitted in these applications are not
granted approval at this time. We now make an immediate final decision,
subject to receipt of written comments that oppose this action that
Colorado's hazardous waste program revisions listed here satisfy all of
the requirements necessary to qualify for final authorization.
Therefore, we grant Colorado final authorization for the following
program changes (the federal citation followed by the analog from the
Code of Colorado Regulations (6 CCR 7007-3), revised through December
30, 2004, unless otherwise noted: Financial Responsibility; Settlement
Agreement (55 FR 25976, 6/26/90)(Checklist 24A)/264.113(a)-(c) and
265.113(a)-(c); Permit Modifications for Hazardous Waste Management
Facilities (53 FR 37912, 9/28/88 & 53 FR 41649, 10/24/88)(Checklists 54
& 54.1)/100.60(c)(1)&(3), 264.54(e), 264.112(c), 264.118(d),
265.112(c)(3)&(4), 265.118(d), 260.10, 100.42(l)(2), 100.62(a)&(b),
100.61, 100.63, and Part 100, Appendix I, 100.22(c)&(d); Delay of
Closure Period for Hazardous Waste Management Facilities (54 FR 33376,
8/14/89)(Checklist 64)/264.13(a)&(b), 264.112(d)(2), 264.113,
266.12(a)(3)&(4), 265.13(a)&(b), 265.112(d), 265.113, and Part 100,
Appendix I; Land Disposal Restrictions for Newly Listed Wastes (57 FR
37194, 08/18/92)(Checklist 109)/100.20(b)(6), 100.40(a)(13),
100.41(a)(2), 100.63(e)(3)(ii)(B), 100.63 Appendix I, I(6), 100.63
Appendix I, 100.63 Appendix I & M, 260.10, 261.3(a)(2)(iii),
261.3(c)(2)(ii)(C)(1)&(2), 261.3(f), 262.34(a)(1)(iii),
262.34(a)(1)(iii)(B), 262.34(a)(1)(iv), 262.34(a)(2), 264.110(b),
264.111(c), 264.112(a)(2), 264.1100-1100(e), 264.1101(a)-(e),
264.1102(a)&(b), 265.110(b)(1)-(b)(4), 265.111(c), 265.112(d)(4),
265.221(h), 265.1100-1100(e), 265.1101(a)-(e), 265.1192(a)&(b),
266.10(b)-(b)(4), 266.12(a), 268.2(g), 268.2(h), 268.5 (reserved),
268.7(a)(1)(iii)-(v), 268.7(a)(2), 268.7(a)(3)(iv)-(vi), 268.7(a)(4),
268.7(b)(4)&(5), 268.7(d), 268.9(d), 268.14(a)-(c), 268.36(a)-(i),
268.40(b)&(d), 268.41(a), 268.41(a)/Table CCWE, 268.41(c), 268.42/Table
2, 268.42(b)&(d), 268.43/Table CCW, 268.45(a)-(d)(5), 268.45/Table 1,
268.46, 268.46/Table 1, 268.50(a)(1)&(2), and 268 Appendix II;
Consolidated Liability Requirements (53 FR 33938, 9/1/88; 56 FR 30200,
7/1/91; and 57 FR 42832, 9/16/92)(Checklists 113, 113.1, & 113.2)/
266.11(h), 266.14(i)(11), 266.16(a),(b),(f),(g),&(i)-(m), and
266.18(f)&(h)-(n); Removal of the Conditional Exemption for Certain
Slag Residues (59 FR 43496, 08/24/94)(Checklist 136)/267.20(c) and
268.41; Universal Waste Rule (60FR 25492, 05/11/95)(Checklist 142E)/
260.20(a), 260.23(a)-(d), 273.80(a)-(c), and 273.81(a)-h); Removal of
Legally Obsolete Rules (60 FR 33912, 06/29/95)(Checklist 144)/
100.11(b)(1), 100.11(c)(2), and 100.11(d); RCRA Expanded Public
Participation (60 FR 63417, 12/11/95)(Checklist 148)/100.11(f)(1)-
(4)(ii)(E), 100.22(a)(5), 100.22(c)(2)(vi)-(x), 100.22(c)(4),
100.41(a)(22), 100.42(n), 100.506(a)(1)(vi) 100.506(a)(1)(vii),
100.506(f)(1)-(5), and 260.10; Imports & Exports of Hazardous Waste:
Implementation of OECD Council Decision (61 FR 16290, 04/12/
96)(Checklist 152)/261.6(a)(5), 261.10(d) thru (h), 262.53(b),
262.56(b), 262.58(a)&(b), 262.80(a)&(b), 262.81 thru (L), 262.82(a)
thru (c)(3), 262.83(a) thru (e)(12), 262.84(a) thru (e), 262.85(a) thru
(g), 262.86(a)&(b), 262.87(a) thru (c)(2),
[[Page 13143]]
262.88, 268.89(a) thru (e), 263.10(c), 263.20(a), 264.12(a)(1)&(2),
264.71(d), 265.12(a)(1)&(2), 265.71(d), 267.70(b)(2)&(3), 273.20,
273.40, 273.56, 273.79 intro, and 273.70(d); Military Munitions Rule
(62 FR 06622, 2/12/97)(Checklist 156)/260.10, 262.20(f),
264.1(g)(8)(iv), 265.1(c)(11)(iv), 267.200-267.202, and 100.10(a)(8);
Organic Air Emission Standards for Tanks, Surface Impoundments, and
Containers; Clarification & Technical Amendment (62 FR 64636, 12/8/
97)(Checklist 163)/100.41(a)(5), 264.15(b)(4), 264.73(b)(6),
264.1030(b)(3), 264.1030(c)&(e), 264.1031, 264.1033(a)(2)(i) thru (iv),
264.1050(b)(3), 264.1050(c)&(f), 264.1060(a) thru (b)(4),
264.1062(b)(2)&(3), 264.1064(g)(6), 264.1064(m), 264.1080(b)(1),
264.1080(c), 264.1082(b), 264.1082(c)(2)(ix)(A)&(B), 264.1082(c)(3),
264.1083(a)(2), 264.1083(b)(1), 264.1083(c)(4)(ii),
264.1084(c)(2)(iii), 264.1084(c)(2)(iii)(B) thru (B)(2),
264.1084(e)(4), 264.1084(f)(3)(i)(D)(4), 264.1084(f)(3)(iii),
264.1084(f)(4), 264.1084(j)(2)(iii), 264.1085(b)(2),
264.1085(d)(1)(iii), 264.1085(d)(2)(i)(B), 264.1085(e)(2)(iii),
264.1086(c)(2), 264.1086(c)(4)(i), 264.1086(d)(2), 264.1086(d)(4)(i),
264.1086(g), 264.1087(c)(3)(ii), 264.1087(c)(7), 264.1089(a),
264.1089(b)(1)(ii)(B), 264.1089(f)(1), 264.1089(j), 265.15(b)(4),
265.73(b)(6), 265.1030(b)(3), 265.1030(d), 265.1033(a)(2)(i) thru (iv),
265.1033(f)(2)(vi)(B), 265.1050(b)(3), 265.1050(e), 265.1060(a)&(b),
265.1062(b)(2)&(3), 265.1064(g)(6), 265.1064(m), 265.1080(b)(1),
265.1080(c), 265.1081, 265.1082(a) thru (d), 265.1083(b),
265.1083(c)(2)(i), 265.1083(c)(2)(ix)(A)&(B), 265.1083(c)(3),
265.1083(c)(4)(ii), 265.1084(a)(2), 265.1084(a)(3)(ii)(B),
265.1084(a)(3)(iii)& (3)(A), 265.1084(a)(3)(iii)(F)&(G),
265.1084(a)(3)(iv)&(v), 265.1084(a)(4)(iv, 265.1084(b)(1),
265.1084(b)(3)(ii)(B), 265.1084(b)(3)(iii), 265.1084(b)(3)(iii)(F)&(G),
265.1084(b)(3)(iv)&(v), 265.1084(b)(8)(iii), 265.1084(b)(9)(iv),
265.1084(d)(5)(ii), 265.1085(c)(2)(iii), 265.1085(c)(2)(iii)(B) thru
(B)(2), 265.1085(e)(4), 265.1085(f)(3)(i)(D)(4), 265.1085(f)(4),
265.1085(j)(2)(iii), 265.1086(b)(2), 265.1086(d)(1)(iii),
265.1086(d)(2)(i)(B), 265.1086(e)(2)(iii), 265.1087(c)(4)(i),
265.1087(d)(4)(i), 265.1087(g), 265.1088(c)(3)(ii), 265.1088(c)(7),
265.1090(a), 265.1090(b)(1)(ii)(B), 265.1090(f)(1), 265.1090(j), and
265 Appendix VI; Land Disposal Restrictions Phase IV--Treatment
Standards for Metal Wastes & Mineral Processing Wastes (63 FR 28556, 5/
26/98)(Checklist 167A)/268.2(i), 268.3(d), 268.34(a) thru (e),
268.40(e)&(h), 268/Table ``Treatment Standards for Hazardous Wastes'',
and 268.48(a)/Table UTS; Land Disposal Restrictions Phase IV--
Corrections (63 FR 28556, 5/26/98 and 63 FR 31266, 6/8/98)(Checklists
167C and 167C.1)/268.4(a)(2)(ii)&(iii), 268.7(a)(7), 268.7(b)(3)(ii)/
Table, 268.7(b)(4)(iv)&(v), 268.7(b)(5)&(6), 268.40(e), 268.40/Table,
268.42(a), 268.45(a) intro, 268.45(d)(3)&(4), 268.48/Table UTS, 268
Appendix VII/Tables 1&2, and 268 Appendix VIII; Organic Air Emission
Standards--Clarification & Technical Amendments (64 FR 03382, 1/21/
99)(Checklist 177)/262.34(a)(1)(i)&(ii), 264.1031, 264.1080(b)(5),
264.1083(a)(1)(i)&(ii), 264.1083(b)(1)(i)&(ii), 264.1084(h)(3),
264.1086(e)(6), 265.1080(b)(5), 265.1084(a)(1)(i)&(ii),
265.1084(a)(3)(ii)(B)&(D), 265.1084(a)(3)(iii), 265.1084(b)(1)(i)&(ii),
265.1084(b)(3)(ii)(B)(&(D), 265.1084(b)(3)(iii), 265.1085(h)(3), and
265.1087(e)(6); Universal Waste Rule: Specific Provisions for Hazardous
Waste Lamps (64 FR 36466, 07/06/99)(Checklist 181)/260.10,
261.9(a)(2),(3)&(5), 264.1(g)(11)(ii),(iii)&(v),
265.1(c)(14)(ii),(iii)&(v), 268.1(f)(2),(3)&(5),
100.10(a)(14)(ii),(iii)&(v), 273.1(a)(2),(3)&(5), 273.2(a)(1)(i),
273.2(a)(2)(ii)&(iii), 273.2(b)(1), 273.2(c)(1), 273.2(e), 273.6&7,
273.8(a)&(b), 273.9 ``lamp'', ``large quantity handler of universal
waste'', ``small quantity handler of universal waste'', & ``universal
waste'', 273.10, 273.13(e), 273.30, 273.32(b)(4), 273.33(b)(5),
273.33(e), 273.34(f), 273.50, 273.60(a), and 273.81(a); Organobromine
Production Wastes Vactur (65 FR 14472, 03/17/00)(Checklist 185)/261.32/
Table, 261.33(f)/Table, 261 Appendix VII & VIII, 268.33, 268.40/Table,
and 268.48/Table; Mixture & Derived-From Rules Revisions (66 FR 27266,
06/16/01)(Checklist 192A)/261.3(a)(2)(iii)&(iv), 261.3(c)(2)(i), and
261.3(g)(1)-(3); Land Disposal Restrictions Correction (66 FR 27266,
05/16/01)(Checklist 192B)/268 Appendix VII/Table 1; Change of Official
EPA Mailing Address (66 FR 34374, 06/28/01)(Checklist 193)/
260.11(a)(11); Mixture & Derived-From Rules Revision II (66 FR 50332,
10/03/01)(Checklist 194)/261.3(a)(2)(iv), and 261.3(g)(4); Inorganic
Chemical Manufacturing Wastes Identification & Listing (66 FR 58258,
11/20/01, and 67 FR 17119, 04/09/02)(Checklists 195 and 195.1)/
261.4(15), 261.32, 261 Appendix VII, 268.36(a)&(b), and 268.40/Table;
Vacatur of Mineral Processing Spent Materials Being Reclaimed as Solid
Wastes & TCLP Use with MGP Waste (67 FR 11251, 03/13/02)(Checklist
199)/261.2(c)(3), 261.4(a)(17), and 261.24(a); Zinc Fertilizer Rule (67
FR 48393, 07/24/02)(Checklist 200)/261.4, 261.4(a)(20)&(21), 267.20,
267.20(d), 267.20(d)(1)&(2), and 268.40; Performance Track (69 FR
21737, 04/22/04 and 69 FR 62217, 10/25/04)(Checklists 204 and 204.1)/
262.34(k)-(m), effective March 2, 2005.
H. Where Are the Revised State Rules Different From the Federal Rules?
Colorado has requirements that are more stringent than the federal
rules at (references are to the Code of Colorado Regulations, except
where there is no State analog. Then the reference is to the federal
citation): 100.11(f)(2)&(3), 100.11(f)(4)(i)(A)&(C),
100.41(a)(15),(16),&(22), 100 Appendix I, 261.3(a)(2)(iv),
261.3(c)(2)(i), 261.3(h)(1)-(3) no State analogs, 262.34(l)&(m),
264.112(d)(2)(i), 264.113(e)(5), 264.151(i)(2)(d) no State analog,
264.551, 264.552(a)(1), 264.552(a)(1)(ii)(A), 264.552(a)(3)(iii),
264.552(c)(4)&(5), 264.552(c)(7), 264.552(e)(3), 264.552(e)(3)(i) thru
(ii)(A) no State analogs, 264.552(e)(4)(i)(A) thru (B),
264.552(e)(4)(v)(E)(5), 264.552(e)(6)(i)(B), 264.552(e)(6)(v),
264.552(e)(6)(v)(B), 264.552(k), & (l), 264.555(a) thru (g) no State
analogs, 265.112(e), 265.113(e)(5), 266.16(i)(1), 266.16(j)(1),
266.16(k)(1), 266.18(h)(2), 266.18(i) thru (k), 268.40(e), 268.7(a)(7),
268.40/Table ``Treatment Standards for Hazardous Wastes'', 268.48/Table
UTS, 270.14(b)(15)&(16).
Colorado is broader-in-scope than the federal rules at: 261.32
(K140) and 268.40/table (K140 & U408).
Colorado is in the process of adopting the federal regulations
regarding Boilers & Industrial Furnaces (BIFs). Until the State is
authorized for BIF regulations, some of the above approved rules do not
include references to these type of facilities at this time.
I. Who Handles Permits After the Authorization Takes Effect?
Colorado 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 Colorado has equivalent instruments in place. We
[[Page 13144]]
will not issue any new permits or new portions of permits for the
provisions listed in Item G after the effective date of this
authorization. EPA previously suspended issuance of permits for other
provisions on the effective date of Colorado'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 Colorado is not yet authorized.
J. How Does This Action Affect Indian Country (18 U.S.C. 1151) in
Colorado?
Colorado is not authorized to carry out its RCRA program in
``Indian country'', as defined in 18 U.S.C. 1151. This includes: (1)
Lands within the exterior boundaries of the following Indian
reservations located within or abutting the State of Colorado, (a)
Southern Ute Indian Reservation and (b) Ute Mountain Ute 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.
Therefore, this program revision does not extend to Indian country
where EPA will continue to implement and administer the RCRA program in
these lands.
K. What is Codification and is EPA Codifying Colorado'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. We reserve the amendment of 40 CFR part 272,
subpart G for the codification of Colorado'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 12, 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 28, 2008.
Carol Rushin,
Acting Regional Administrator, Region 8.
[FR Doc. E8-4978 Filed 3-11-08; 8:45 am]
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