[Federal Register Volume 63, Number 208 (Wednesday, October 28, 1998)]
[Rules and Regulations]
[Pages 57605-57608]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-28870]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-6178-3]


Arizona: Final Authorization of State Hazardous Waste Management 
Program Revisions

AGENCY: Environmental Protection Agency.

ACTION: Immediate final rule.

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SUMMARY: The State of Arizona has applied for final authorization of 
revisions to its hazardous waste program under the Resource 
Conservation and Recovery Act (RCRA), as amended. The Environmental 
Protection Agency (EPA) has completed its review of Arizona's 
application and has made a decision, subject to public review and 
comment, that Arizona's hazardous waste program revisions satisfy all 
of the requirements necessary to qualify for final authorization. Thus, 
EPA intends to approve Arizona's hazardous waste program revisions. 
Arizona's application for program revision is available for public 
review and comment.

DATES: Final authorization for Arizona is effective December 28, 1998 
unless EPA publishes a prior Federal Register action withdrawing this 
immediate final rule. All comments on Arizona's program revision 
application must be received by the close of business November 27, 
1998.

ADDRESSES: Copies of Arizona's program revision application are 
available during the business hours of 9:00 a.m. to 5:00 p.m. at the 
following addresses for inspection and copying:

Arizona Department of Environmental Quality, 3033 N. Central Avenue, 
Phoenix, AZ 85012, Contact: Russell F. Rhoades, Director, Phone: 602/
207-4211 or 1-800-234-5677.
U.S. EPA Region IX Library-Information Center, 75 Hawthorne Street, San 
Francisco, CA 94105, Phone: 415/744-1510.

    Written comments should be sent to: Jean Killpack, U.S. EPA Region 
IX (WST-3), 75 Hawthorne Street, San Francisco, CA 94105, Phone: 415/
744-2033.

FOR FURTHER INFORMATION CONTACT: Jean Killpack , U.S. EPA Region IX 
(WST-3), 75 Hawthorne Street, San Francisco, CA 94105 Phone: 415-744-
2033.
SUPPLEMENTARY INFORMATION:

A. Background

    States with final authorization under section 3006(b) of the 
Resource Conservation and Recovery Act (``RCRA'' or ``the Act''), 42 
U.S.C. 6926(b), have a continuing obligation to maintain a hazardous 
waste program that is equivalent to, consistent with, and no less 
stringent than the Federal hazardous waste program. Revisions to State 
hazardous waste programs are necessary when Federal or State statutory 
or regulatory authority is modified or when certain other changes 
occur. Most commonly, State program revisions are necessitated by 
changes to EPA's regulations in 40 CFR parts 260-266, 268, 124, 270 and 
279.

B. Arizona

    Arizona received final authorization for the base program on 
November 20, 1985. Arizona has since received final authorization for 
revisions to its hazardous waste program on August 6, 1991, July 13, 
1992, and November 23, 1992, October 27, 1993, June 12, 1995, and May 
6, 1997. These revisions include substantially all the Federal RCRA 
implementing regulations published in the Federal Register through July 
1, 1995. On April 20, 1998, Arizona submitted an application for 
additional revision approvals. Today, Arizona is seeking approval of 
its program revisions in accordance with 40 CFR 271.21(b)(3).
    EPA has reviewed Arizona's application, and has made an immediate 
final decision that Arizona's hazardous waste program revisions satisfy 
all of the requirements necessary to qualify for final authorization. 
Consequently, EPA intends to approve final authorization for Arizona's 
hazardous waste program revisions. The public may submit written 
comments on EPA's immediate final decision up until November 27, 1998. 
Copies of Arizona's applications for program revision are available for 
inspection and copying at the locations indicated in the ``Addresses'' 
section of this notice.
    Approval of Arizona's program revisions is effective in 60 days 
unless an adverse comment pertaining to the State's revisions discussed 
in this notice is received by the end of the comment period. If an 
adverse comment is received, EPA will publish either (1) a withdrawal 
of the immediate final decision or (2) a notice containing a response 
to the comment which either affirms that the immediate final decision 
takes effect or reverses the decision.
    Arizona is applying for authorization for changes and additions to 
the Federal RCRA implementing regulations that occurred between July 1, 
1995 and July 1, 1996 and three that were promulgated after July 1, 
1996, consisting of the following Federal hazardous waste regulations:


[[Page 57606]]

Federal Requirements:
    Criteria for Classification of Solid
     Waste Disposal Facilities and
     Practices; Identification and Listing
     of Hazardous Waste; Requirements for
     (HSWA) Authorization of state
     Hazardous Waste Programs (61 FR
     34252, July 1, 1996)
    Identification and Listing of
     Hazardous Waste; Amendments to
     Definition of Solid Waste (Non-HSWA)
     (61 FR 13103, March 26, 1996)
State Analog:
    Arizona Revised Statutes (ARS) 49-      ARS 49-922.A&B AAC R18-8-
     922.A&B Arizona Administrative Code    261.A&B
     (AAC)R18-8-261.A,B, G & H..
    Hazardous Waste Management; Liquids in  ARS 49-922.A&B AAC R18-8-
     Landfills (HSWA)(60 FR 35703, July      264.A, R18-8-265.A
     11, 1995).
    Hazardous Waste Treatment, Storage,     ARS 49-922.A&B AAC R18-8-
     and Disposal Facilities and Hazardous   261.A&B, R-18-8-262.A&B,
     Waste Generators; Organic Air           R18-8-264.A, R18-8-265.A
     Emission Standards for Tanks, Surface
     Impoundments, and Containers (HSWA)
     (61 FR 59932, November 25, 1996).
    RCRA Expanded Public Participation      ARS 49-922.A&B AAC R-18-8-
     (Non-HSWA) (60 FR 63417, July 11,       271.A, R18-8-271.A
     1996).
    Land Disposal Restrictions Phase III-   ARS 49-922.A&B AAC R18-8-
     Decharacterized Wastewaters,            268
     Carbamate Waste, and Spent Potliners
     (HSWA) (61 FR 15566, April 8, 1996;
     61 FR 15660, April 8, 1996; 61 FR
     19177, April 30, 1996; 61 FR 33680,
     June 28, 1996; 61 FR 36419, July 10,
     1996; 61 FR43924, August 26, 1996; 62
     FR 7502, February 19, 1997.

    The State is responsible for issuing, denying, modifying, reissuing 
and terminating permits for all hazardous waste treatment, storage and 
disposal facilities in a manner consistent with all Federal 
requirements for which Arizona is authorized. Arizona is not being 
authorized to operate any portion of the hazardous waste program on 
Indian lands.

C. Decision

    I conclude that Arizona's application for program revision meets 
all of the statutory and regulatory requirements established by RCRA. 
Accordingly, Arizona is granted final authorization to operate its 
hazardous waste program as revised.
    Arizona is now responsible for permitting treatment, storage, and 
disposal facilities within its borders and 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 
(Public Law 98-616, November 8, 1984) (``HSWA''). Arizona also has 
primary enforcement responsibilities, although EPA retains the right to 
conduct inspections under section 3007 of RCRA and to take enforcement 
actions under sections 3008, 3013 and 7003 of RCRA.

D. Administrative Requirements

Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), P.L. 
104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, EPA 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``Federal mandates'' that 
may result in expenditures to State, local, and tribal governments, in 
the aggregate, or to the private sector, of $100 million or more in any 
one year. Before promulgating an EPA rule for which a written statement 
is needed, section 205 of the UMRA generally requires EPA to identify 
and consider a reasonable number of regulatory alternatives and adopt 
the least costly, most cost-effective or least burdensome alternative 
that achieves the objectives of the rule. The provisions of section 205 
do not apply when they are inconsistent with applicable law. Moreover, 
section 205 allows EPA to adopt an alternative other than the least 
costly, most cost-effective or least burdensome alternative if the 
Administrator publishes with the final rule an explanation why that 
alternative was not adopted. Before EPA establishes any regulatory 
requirements that may significantly or uniquely affect small 
governments, including tribal governments, it must have developed under 
section 203 of the UMRA a small government agency plan. The plan must 
provide for notifying potentially affected small governments, enabling 
officials of affected small governments to have meaningful and timely 
input in the development of EPA regulatory proposals with significant 
Federal intergovernmental mandates, and informing, educating, and 
advising small governments on compliance with the regulatory 
requirements.
    EPA has determined that section 202 and 205 requirements do not 
apply to today's action because this rule does not contain a Federal 
mandate that may result in annual expenditures of $100 million or more 
for State, local, and/or tribal governments in the aggregate, or the 
private sector. Costs to State, local and/or tribal governments already 
exist under the Arizona program, and today's action does not impose any 
additional obligations on regulated entities. In fact, EPA's approval 
of State programs generally may reduce, not increase, compliance costs 
for the private sector. Further, as it applies to the State, this 
action does not impose a Federal intergovernmental mandate because UMRA 
does not include duties arising from participation in a voluntary 
federal program.
    The requirements of section 203 of UMRA also do not apply to 
today's action because this rule contains no regulatory requirements 
that might significantly or uniquely affect small governments. Although 
small governments may be hazardous waste generators, transporters, or 
own and/or operate TSDFs, they are already subject to the regulatory 
requirements under the existing State laws that are being authorized by 
EPA, and, thus, are not subject to any additional significant or unique 
requirements by virtue of this program approval.

Certification Under the Regulatory Flexibility Act

    Pursuant to the Regulatory Flexibility Act (5 U.S.C. 601 et seq., 
as amended by the Small Business Regulatory Enforcement Fairness Act of 
1996), whenever an agency is required to publish a notice of rulemaking 
for any proposed or final rule, it must prepare and make available for 
public comment a regulatory flexibility analysis that describes the 
effect of the rule on small entities (i.e., small businesses, small 
organizations, and small governmental jurisdictions). This analysis is 
unnecessary, however, if the agency's administrator certifies that the 
rule will not have a significant economic impact

[[Page 57607]]

on a substantial number of small entities.
    The EPA has determined that this authorization will not have a 
significant economic impact on a substantial number of small entities. 
Such small entities which are hazardous waste generators, transporters, 
or which own and/or operate TSDFs are already subject to the regulatory 
requirements under the existing State laws that are now being 
authorized by EPA. The EPA's authorization does not impose any 
significant additional burdens on these small entities. This is because 
EPA's authorization would simply result in an administrative change, 
rather than a change in the substantive requirements imposed on these 
small entities.
    Pursuant to the provision at 5 U.S.C. 605(b), the Agency hereby 
certifies that this authorization will not have a significant economic 
impact on a substantial number of small entities. This authorization 
approves regulatory requirements under existing State law to which 
small entities are already subject. It does not impose any new burdens 
on small entities. This rule, therefore, does not require a regulatory 
flexibility analysis.

Submission to Congress and the Comptroller General

    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. The EPA will submit a report containing this rule 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 of the rule in today's Federal Register. This rule is 
not a ``major rule'' as defined by 5 U.S.C. 804(2).

Compliance With Executive Order 12866

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

Compliance with Executive Order 12875

    Under Executive Order 12875, EPA may not issue a regulation that is 
not required by statute and that creates a mandate upon a State, local 
or tribal government, unless the Federal government provides the funds 
necessary to pay the direct compliance costs incurred by those 
governments, or EPA consults with those governments. If EPA complies 
with consulting, Executive Order 12875 requires EPA to provide to the 
Office of Management and Budget a description of the extent of EPA's 
prior consultation with representatives of affected State, local and 
tribal governments, the nature of their concerns, copies of any written 
communications from the governments, and a statement supporting the 
need to issue the regulation. In addition, Executive Order 12875 
requires EPA to develop an effective process permitting elected 
officials and other representatives of State, local and tribal 
governments ``to provide meaningful and timely input in the development 
of regulatory proposals containing significant unfunded mandates.''
    This rule does not create a mandate on State, local or tribal 
governments. The rule does not impose any enforceable duties on these 
entities. The State administers its hazardous waste program 
voluntarily, and any duties on other State, local or tribal 
governmental entities arise from that program, not from today's action. 
Accordingly, the requirements of Executive Order 12875 do not apply to 
this rule.

Compliance With Executive Order 13045

    Executive Order 13045, ``Protection of Children from Environmental 
Health Risks and Safety Risks,'' applies to any rule that: (1) the 
Office of Management and Budget determines is ``economically 
significant'' as defined under Executive Order 12866, and (2) concerns 
an environmental health or safety risk that EPA has reason to believe 
may have a disproportionate effect on children. If the regulatory 
action meets both criteria, the Agency must evaluate the environmental 
health or safety effects of the planned rule on children and explain 
why the planned regulation is preferable to other potentially effective 
and reasonably feasible alternatives considered by the Agency.
    This rule is not subject to E.O. 13045 because it is not an 
economically significant rule as defined by E.O. 12866, and because it 
does not involve decisions based on environmental health or safety 
risks.

Compliance With Executive Order 13084

    Under Executive Order 13084, EPA may not issue a regulation that is 
not required by statute, that significantly or uniquely affects the 
communities of Indian tribal governments, and that imposes substantial 
direct compliance costs on those communities, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by the tribal governments, or EPA consults with those 
governments. If EPA complies with consulting, Executive Order 13084 
requires EPA to provide to the Office of Management and Budget, in a 
separately identified section of the preamble to the rule, a 
description of the extent of EPA's prior consultation with 
representatives of affected tribal governments, a summary of the nature 
of their concerns, and a statement supporting the need to issue the 
regulation. In addition, Executive Order 13084 requires EPA to develop 
an effective process permitting elected officials and other 
representatives of Indian tribal governments ``to provide meaningful 
and timely input in the development of regulatory policies on matters 
that significantly or uniquely affect their communities.''
    This rule is not subject to E.O. 13084 because it does not 
significantly or uniquely affects the communities of Indian tribal 
governments. Arizona is not authorized to implement the RCRA hazardous 
waste program in Indian country. This action has no effect on the 
hazardous waste program that EPA implements in the Indian country 
within the State.

Paperwork Reduction Act

    Under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., Federal 
agencies must consider the paperwork burden imposed by any information 
request contained in a proposed rule or a final rule. This rule will 
not impose any information requirements upon the regulated community.

National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (``NTTAA''), Pub L. No. 104-113, Sec. 12(d) (15 U.S.C. 272 
note) directs EPA to use voluntary consensus standards in its 
regulatory activities unless to do so would be inconsistent with 
applicable law or otherwise impractical. Voluntary consensus standards 
are technical standards (e.g., materials specifications, test methods, 
sampling procedures, and business practices) that are developed or 
adopted by voluntary consensus standards bodies. The NTTAA directs EPA 
to provide Congress, through OMB, explanations when the Agency decides 
not to use available and applicable voluntary consensus standards.
    This action does not involved technical standards. Therefore, EPA 
did

[[Page 57608]]

not consider the use of any voluntary consensus standards.

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 record keeping 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, and 6974(b).

    Dated: August 30, 1998.
Felicia Marcus,
Regional Administrator.
[FR Doc. 98-28870 Filed 10-27-98; 8:45 am]
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