[Federal Register Volume 60, Number 144 (Thursday, July 27, 1995)]
[Proposed Rules]
[Pages 38537-38539]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-18489]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271

[FRL-5265-4]


State of Wyoming; Final Authorization of State Hazardous Waste 
Management Program

AGENCY: Environmental Protection Agency.

ACTION: Notice of tentative determination on application of Wyoming for 
final authorization, public hearing and public comment period.

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SUMMARY: Wyoming has applied for final authorization of its hazardous 
waste regulatory program under the Resource Conservation and Recovery 
Act (RCRA). The Environmental Protection Agency (EPA) has reviewed 
Wyoming's application and has made the tentative decision that 
Wyoming's hazardous waste program satisfies all of the requirements 
necessary to qualify for final authorization. Thus, EPA intends to 
grant final authorization to the State to operate its program subject 
to the limitations on its authority retained by EPA in accordance with 
the Hazardous and Solid Waste Amendments of 1984. Wyoming's application 
for final authorization is available for public review and comment and 
a public hearing will be held to solicit comments on the application.

DATES: A public hearing is scheduled for August 29, 1995, at 7:00 p.m., 
at the Laramie County Library, Pioneer Room, 2800 Central Avenue, 
Cheyenne, Wyoming, at 7:00 p.m. Wyoming will participate in the public 
hearing held by EPA on this subject. All comments on the Wyoming's 
final authorization application must be received by the close of 
business on August 28, 1995.

ADDRESSES: Copies of Wyoming's final authorization application are 
available during business hours at the following addresses for 
inspection and copying: U.S. EPA Region VIII, Library, Suite 144, 999 
18th Street, Denver, Colorado 80202-2466 and at the Department of 
Environmental Quality, Herschler Building, 4th Floor, 122 West 25th 
Street, Cheyenne, Wyoming 82002. Written comments should be sent to 
Marcella DeVargas, Mail code: 8HWM-WM, U.S. EPA Region VIII, 999 18th 
Street, Suite 500, Denver, Colorado, 80202-2466.

FOR FURTHER INFORMATION CONTACT: Marcella DeVargas, U.S. EPA Region 
VIII, 999 18th Street, Suite 500, Denver, Colorado, 80202-2466, Phone 
1-800-227-8917 or 303-293-1670.

SUPPLEMENTARY INFORMATION:

A. Background

    Section 3006 of the Resource Conservation and Recovery Act (RCRA) 
allows EPA to authorize State hazardous waste programs to operate in 
the State in lieu of the Federal hazardous waste program, subject to 
the authority retained by EPA in accordance with the Hazardous and 
Solid Waste Amendments of 1984 (HSWA). Two types of authorization may 
be granted. The first type, known as ``interim authorization,'' is a 
temporary authorization which is granted if EPA determines that the 
State program is ``substantially equivalent'' to the Federal program 
(Section 3006(c), 42 U.S.C. 6926(c)). Interim authorization is 
currently available only for requirements imposed pursuant to HSWA.
    The second type of authorization is a ``final'' (permanent) 
authorization that is granted by EPA if the Agency finds that the State 
program (1) is ``equivalent'' to the Federal program, (2) is consistent 
with the Federal program and other State programs, and (3) provides for 
adequate enforcement (Section 3006(b), 42 U.S.C. 6926(b)). States need 
not have obtained interim authorization in order to qualify for final 
authorization. EPA regulations for the interim or final State 

[[Page 38538]]
authorization processes appear at 40 CFR Part 271.

B. Wyoming

    On September 19, 1994, Wyoming submitted a draft application to EPA 
for review. This application consisted of Wyoming's proposed hazardous 
waste rules. EPA submitted comments to the State on January 31, 1995. 
Comments on the draft application have been addressed by the State. On 
July 17, 1995, Wyoming submitted its official application for review 
for final authorization to EPA. Prior to submission, Wyoming solicited 
public comments and held a public hearing on the draft application.
    EPA has reviewed Wyoming's application, and has tentatively 
determined that the State's program meets all of the requirements 
necessary to qualify for final authorization. Consequently, EPA intends 
to grant final authorization to Wyoming to operate its program subject 
to the authority retained by EPA under HSWA.
    In accordance with Section 3006 of RCRA and 40 CFR 271.20(d), the 
Agency will hold a public hearing on its tentative decision on August 
29, 1995, at the Laramie Public Library, Pioneer Room, 2800 Central 
Avenue, Cheyenne, Wyoming at 7:00 p.m. The public may also submit 
written comments on EPA's tentative determination until August 28, 
1995. Copies of Wyoming's application are available for inspection and 
copying at the locations indicated in the Addresses section of this 
notice.
    EPA will consider all public comments on its tentative 
determination received at the hearing or during the public comment 
period. Issues raised by those comments may be the basis for a decision 
to deny final authorization to Wyoming. EPA expects to make a final 
decision on whether or not to approve Wyoming's program by October 25, 
1995 and will give notice of it in the Federal Register. The notice 
will include a summary of the reasons for the final determination and a 
response to all major comments.

C. Effect of HSWA on Wyoming's Authorization

    Prior to the Hazardous and Solid Waste Amendments of 1984, a State 
with final authorization would have administered its hazardous waste 
program entirely in lieu of EPA. The Federal requirements no longer 
applied in the authorized State, and EPA could not issue permits for 
any facilities the State was authorized to permit. When new, more 
stringent Federal requirements were promulgated or enacted, the State 
was obligated to enact equivalent authority within specified time 
frames. New Federal requirements, however, did not take effect in an 
authorized State until the State adopted the requirements as State law.
    In contrast, under the amended Section 3006(g) of RCRA, 42 U.S.C. 
6926(g), new requirements and prohibitions imposed by HSWA take effect 
in authorized States at the same time as they take effect in non-
authorized States. EPA is directed to carry out those requirements and 
prohibitions in authorized States, including the issuance of full or 
partial permits, until the State is granted authorization to do so. 
While States must still adopt law equivalent or more stringent than 
newly promulgated HSWA-related federal provisions to retain final 
authorization, such federally promulgated HSWA-related provisions apply 
in authorized States in the interim.
    As a result of HSWA, there will be a dual State/Federal regulatory 
program in Wyoming if final RCRA authorization is granted. To the 
extent the State program as authorized is unaffected by changes to the 
federal program promulgated pursuant to HSWA, the State program will 
operate in lieu of the Federal program. To the extent federal HSWA-
related requirements go into effect after authorization of the State 
program, EPA will administer and enforce these portions of HSWA in 
Wyoming until the State receives authorization to do so. Among other 
things, this will entail the issuance of Federal RCRA permits for those 
areas in which the State is not yet authorized.
    Once the State is authorized to implement a HSWA requirement or 
prohibition, the State program in that area will operate in lieu of the 
Federal provision. Until that time the State may assist EPA's 
implementation of HSWA under a Cooperative Agreement.
    Today's tentative determination only includes authorization of 
Wyoming's program for certain HSWA requirements. Any State requirement 
that is more stringent than a Federal HSWA provision will also remain 
in effect; thus, generators of hazardous waste, and those who manage 
(transport, treat, store and/or dispose) hazardous waste regulated 
under the State program, must comply with any more stringent State 
requirements.
    EPA has published a Federal Register notice that explains in detail 
the HSWA and its effect on authorized States. That notice was published 
at 50 FR 28702-28755, July 15, 1985.

D. Indian Country

    Today's proposal to authorize the Wyoming hazardous waste 
regulatory program does not extend to ``Indian Country,'' as defined in 
18 U.S.C. Sec. 1151, including the Wind River Reservation.
    Should Wyoming decide in the future to apply for authorization of 
its hazardous waste program on ``Indian Country'', the State would have 
to provide an appropriate analysis of the State's jurisdiction to 
enforce in these areas. In order for a state (or tribe) to satisfy this 
requirement, it must demonstrate to the EPA's satisfaction that it has 
authority either pursuant to explicit Congressional authorization or 
applicable principles of Federal Indian Law to enforce its laws against 
existing and potential pollution sources within any geographical area 
for which it seeks program approval.
    EPA is not making a determination that the State either has 
adequate jurisdiction or lacks such jurisdiction. Should the State of 
Wyoming choose to submit analysis with regard to jurisdiction of the 
State over all or part of Indian Country in the State, it may do so 
without prejudice.
    Any future EPA evaluation of whether to approve the Wyoming program 
for ``Indian Country,'' to include Indian reservation lands, would be 
governed by EPA's judgment as to whether the State has demonstrated 
adequate authority to justify such approval, based upon its 
understanding of the relevant principles of Federal Indian law and 
sound administrative practice. The State may wish to consider EPA's 
discussion of the related issue of tribal jurisdiction found in the 
preamble to the Indian Water Quality Standards Regulation (see 56 
Federal Register 64876, December 12, 1991).

Compliance With Executive Order 12866

    The Office of Management and Budget has exempted this rule from the 
requirements of section 6 of Executive Order 12866.

Certification Under the Regulatory Flexibility Act

    Pursuant to the provisions of 5 U.S.C. 605(b), I hereby certify 
that this authorization will not have a significant economic impact on 
a substantial number of small entities. The authorization effectively 
suspends the applicability of certain Federal regulations in favor of 
Wyoming's program, thereby eliminating duplicative requirements for 
handlers of hazardous waste in the State. It does not 

[[Page 38539]]
impose any new burdens on small entities. This rule, therefore, does 
not require a regulatory flexibility analysis.

List of Subjects in 40 CFR Part 271

    Environmental protection, Administrative practice and procedure, 
Confidential business information, Hazardous materials transportation, 
Hazardous waste, Indian lands, Intergovernmental relations, Penalties, 
Reporting and recordkeeping requirements, Water pollution control, 
Water supply.

    Authority: This notice 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: July 19, 1995.
William P. Yellowtail,
Regional Administrator.
[FR Doc. 95-18489 Filed 7-26-95; 8:45 am]
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