[Federal Register Volume 64, Number 8 (Wednesday, January 13, 1999)]
[Rules and Regulations]
[Pages 2144-2149]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-667]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 272

[FRL-6217-7]


Utah: Final Authorization of State Hazardous Waste Management 
Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate final rule.

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SUMMARY: Utah has applied for Final authorization of the revisions 
(Addendums 7 and 8) to its hazardous waste program under the Resource 
Conservation and Recovery Act (RCRA). EPA has reviewed Utah's 
Department of Environmental Quality applications and determined that 
its hazardous waste program revisions satisfy all of the requirements 
necessary to qualify for Final authorization. Unless adverse written 
comments are received during the review and comment period, EPA's 
decision to authorize Utah's hazardous waste program revisions will 
take effect as provided below.

DATES: This Final authorization for Utah will become effective on March 
15, 1999, if EPA receives no adverse comment. Should EPA receive such 
comments, EPA will withdraw this rule before its effective date by 
publishing a notice of withdrawal in the FR. Any comments on Utah's 
program revision application must be filed by February 12, 1999.

ADDRESSES: Send written comments to Kris Shurr, 8P-HW, U.S. EPA, Region 
VIII, 999 18th Street, Suite 500, Denver, Colorado 80202-2466, phone 
number: (303) 312-6139. Copies of the Utah program revision 
applications and the materials which EPA used in evaluating the 
revisions are available for inspection and copying at the following 
locations: EPA Region VIII Library, from Noon to 4:00 p.m., 999 18th 
Street, Suite 500, Denver, Colorado 80202-2466, contact: Environmental 
Information Service Center (EISC), phone number: (303) 312-6312; or 
Utah Department of Environmental Quality (UDEQ), from 8:00 a.m. to 5:00 
p.m., 288 North 1460 West, Salt Lake City, Utah 84114-4880, contact: 
Susan Toronto, phone number: (801) 538-6776.

FOR FURTHER INFORMATION CONTACT: Kris Shurr, 8P-HW, U.S. EPA, Region 
VIII, 999 18th Street, Suite 500, Denver, Colorado 80202-2466, phone 
number: (303) 312-6139.

SUPPLEMENTARY INFORMATION:

A. Background

    States with Final Authorization under section 3006(b) of RCRA, 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. As the Federal 
hazardous waste program changes, the States must revise their programs 
and apply for authorization of the revisions. Revisions to State 
hazardous waste programs may be necessary when Federal or State 
statutory or regulatory authority is modified or when certain other 
changes occur. Most commonly, States must

[[Page 2145]]

revise 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. Utah

    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, effective March 7, 1989 
( 54 FR 7417); May 23, 1991 (56 FR 23648) and August 6, 1991 (56 FR 
37291, both effective July 22, 1991; May 15, 1992, effective July 14, 
1992 (57 FR 20770); February 12, 1993 (58 FR 8232) and May 5, 1993 (58 
FR 26689), both effective April 13, 1993; October 14, 1994, effective 
December 13, 1994 (59 FR 52084); and May 20, 1997 (62 FR 27501), 
effective July 21, 1997.
    On July 1, 1998 (Addendum 7) and August 5, 1998 (Addendum 8), Utah 
submitted final complete program revision applications, seeking 
authorization of its program modifications in accordance with 40 CFR 
271.21. EPA reviewed Utah's applications and now makes an immediate 
final decision, subject to receipt of adverse written comment, that 
Utah's hazardous waste program modifications, adopted between December 
9, 1993, and January 11, 1996, satisfy all of the requirements 
necessary to qualify them for Final Authorization. Consequently, EPA 
intends to grant Utah Final Authorization for the program modifications 
contained in the revision applications designated as Addendums 7 and 8.
    The public may submit written comments on EPA's immediate final 
decision until February 12, 1999. Copies of Utah's applications for 
program revision are available for inspection and copying at the 
locations indicated in the ADDRESSES section of this document.
    If EPA does not receive adverse written comment pertaining to 
Utah's program revisions by the end of the comment period, the 
authorization of Utah's revisions will become effective 60 days from 
the date this document is published. If the Agency receives an adverse 
comment, it will publish a notice withdrawing this Immediate Final Rule 
before its effective date. EPA will then address the comments in a 
later Final Rule based on the companion document appearing in the 
``Proposed Rules'' section of today's FR. EPA may not provide 
additional opportunity for comment. Any parties interested in 
commenting should do so at this time.
    Today, Utah is seeking authority to administer the following 
Federal requirements promulgated between May 20, 1992 and May 11, 1995:

----------------------------------------------------------------------------------------------------------------
                                                                                                      Effective
              Federal citation                                  State analog \1\                       date \1\
----------------------------------------------------------------------------------------------------------------
Used Oil Filter Exclusion (HSWA) [57 FR      R315-2-4(b)(14); R315-2-4(b)(14)(i)-(iv)..............     12/30/93
 21524, 05/20/92) (Checklist 104).
Used Oil Filter Exclusion; Technical         R315-2-4(b)(14).......................................     12/30/93
 Corrections (HSWA) [57 FR 29220, 07/01/92)
 (Checklist 107).
Toxicity Characteristics Revisions;          R315-2-4(b)(6)(ii); R315-2-4(b)(9); R315-7-21.2(d)(1).     07/30/93
 Technical Corrections (HSWA) [57 FR 30657,
 07/10/92] (Checklist 108).
Land Disposal Restrictions for Newly Listed  R315-1-1(b); R315-2-3(a)(2)(iii); R315-2-                  07/30/93
 Wastes and Hazardous Debris (HSWA) [57 FR    3(c)(2)(ii)(C)(1)&(2); R315-2-3(e); R315-2-
 37914, 08/18/92] (Checklist 109).            3(e)(1)&(2); R315-5-10; R315-8-7; R315-8-8; R315-8-
                                              20; R315-7-14; R315-7-15; R315-7-18.9(h); R315-7-29;
                                              R315-13-1; R315-3-4(p); R315-3-5(b)(2); R315-3-15(d);
                                              R315-50-16; R315-3-31(b)(6).
Coke By-Products Listing (HSWA) [57 FR       R315-2-4(a)(10); R315-2-10(f); R315-50-9..............     07/30/93
 37284, 08/18/92] (Checklist 110).
Burning of Hazardous Wastes in Boilers and   R315-1-1(b); R315-2-17(b); R315-2-2(e)(2)(iv); R315-8-     07/30/93
 Industrial Furnaces; Technical Amendment     1(e)(9); R315-7-8.1(c)(3); R315-14-7.
 III (HSWA/Non-HSWA) [57 FR 38558, 08/25/
 92] (Checklist 111).
Recycled Used Oil Management Standards       R315-1-1(b); R315-2-3(a)(2)(v); R315-2-                    02/10/94
 (HSWA/Non-HSWA) [57 FR 41566, 09/10/92]      3(a)(2)(v)(A)&(B); R315-2-5; R315-2-6; R315-14-4;
 (Checklist 112).                             R315-14-7; R315-15-1.1; 1.1(a)-(b)(2)(iii); R315-15-
                                              1.1(b)(3)-1.1(i); R315-15-1.2(a); R315-15-1.2, Table
                                              1; R315-15-1.3(a)-(c)(2)(iii); R315-15-2.1(a)-(b)(5);
                                              R315-15-2.2(a)&(b); R315-15-2.3; R315-15-2.3(a)-
                                              (d)(4); R315-15-2.4; R315-15-2.4(a)-(c); R315-15-2.5;
                                              R315-15-2.5(a)-(c)(3); R315-15-3.1(a)-(b)(2); R315-15-
                                              3.3(a)&(b); R315-15-4.1(a)-(d)(5); R315-15-4.2(a)-
                                              (b)(2)(vii); R315-15-4.4(a)-(c)(5); R315-15-4.5(a)-
                                              (d); R315-15-4.6; R315-15-4.6(a)-(f)(4); R315-15-
                                              4.7(a)-(d); R315-15-4.8; R315-15-5.1(a)-(b)(5); R315-
                                              15-5.2(a)-(b)(2)(vi); R315-15-5.3(a)-(b)(6)(ix)(G);
                                              R315-15-5.4(a)-(c)(2); R315-15-5.5; R315-15-5.5(a)-
                                              (h)(2)(ii); R315-15-5.6; R315-15-5.6(a)-(b)(3); R315-
                                              15-5.7(a)-(c); R315-15-5.8(a)-(b); R315-15-5.9; R315-
                                              15-10; R315-15-6.1(a)-(c); R315-15-6.2(a)-(b)(2);
                                              R315-15-6.3(a)-(b)(2)(vi); R315-15-6.4(a)-(d); R315-
                                              15-6.5; R315-15-6.5(a)-(g)(4); R315-15-6.6(a)&(b);
                                              R315-15-6.7(a)&(b); R315-15-6.8; R315-15-7.1(a)-
                                              (c)(4); R315-15-7.2; R315-15-7.2(a)&(b); R315-15-
                                              7.3(a)&(b); R315-15-7.4(a)-(b)(2)(v); R315-15-7.5(a)-
                                              (c); R315-15-7.6(a)&(b); R315-15-8.1; R315-15-
                                              8.2(a)&(b); R315-15-8.3.
Consolidated Liability Requirements (Non-    R315-8-8; R315-7-15...................................     07/30/93
 HSWA) [53 FR 33938, 06/29/95; 56 FR 30200,
 07/01/91; 57 FR 42832, 09/16/92]
 (Checklist 113).
Burning of Hazardous Wastes in Boilers and   R315-14-7.............................................     07/30/93
 Industrial Furnaces; Technical Amendment
 IV (HSWA/Non-HSWA) [57 FR 44999, 09/30/92]
 (Checklist 114).
Chlorinated Toluene Production Waste         R315-2-10(f); R315-50-9...............................     07/30/93
 Listing (HSWA) [57 FR 47376, 10/15/92]
 (Checklist 115).

[[Page 2146]]

 
Hazardous Soil Case-By-Case Capacity         R315-13-1.............................................     07/30/93
 Variance (HSWA) [57 FR 47772, 10/20/92]
 (Checklist 116).
Reissuance of the ``Mixture'' and ``Derived- R315-2-3(a)-(d)(2)....................................     07/30/93
 From'' Rules (HSWA/ Non-HSWA) [57 FR 7628,
 03/03/92; 57 FR 23062, 06/01/92; 57 FR
 49278] (Checklist 117A).
Toxicity Characteristic Amendment [57 FR     R315-2-3(a)(2)(ii)....................................     07/30/93
 23062, 06/01/92] (Checklist 117B).
Liquids in Landfills [57 FR 54452, 11/18/    R315-8-2.4; R315-8-14.8(a)(2); R315-8-14.8(b); R315-8-     07/30/93
 92] (Checklist 118).                         14.8(d)(1)(ii); R315-8-14.8(e)-(f)(2); R315-8-
                                              14.10(b)&(c); R315-7-9.4; R315-7-21.7(a)(2); R315-7-
                                              21.7(b); R315-7-21.7(c)(1)(ii); R315-7-21.7(f)-
                                              (g)(2); R315-7-21.9(b)&(c).
Toxicity Characteristic Revision; TCLP       R315-50-7.............................................     07/30/93
 Correction (HSWA) [57 FR 55114, 11/24/92]
 (Checklist 119).
Wood Preserving; Revisions to Listings and   R315-2-10(e); R315-8-19; R315-7-28....................     07/30/93
 Technical Requirements (HSWA/Non-HSWA) [57
 FR 61492, 12/24/92] (Checklist 120).
Corrective Action Management Units and       R315-1-1(b); R315-8-1.2; R315-8-6.12(b); R315-8-21;        07/30/93
 Temporary Units (HSWA) [58 FR 8658, 02/16/   R315-7-8.1(b); R315-13-1; R315-1-1(d); R315-3-15(d).
 93] (Checklist 121).
Recycled Used Oil Management Standards;      R315-2-4(b)(13)&(14); R315-2-5; R315-8-1(e)(9); R315-7-    02/10/94
 Technical Amendments and Corrections I       8.1(c)(3); R315-1-1(b); R315-15-1.1(b)(2); R315-15-
 (HSWA/Non-HSWA) [58 FR 26420, 05/03/93]      1.1(b)(2)(ii)&(iii); R315-15-1.1(c)-(e)(4); R315-15-
 (Checklist 122).                             1.1(i); R315-15-1.2, Table 1, note 3; R315-15-
                                              1.3(c)(3); R315-15-2.2(a); R315-15-2.3; R315-15-2.4;
                                              R315-15-2.4(a)-(c); R315-15-4.1(a)(4); R315-15-
                                              4.1(d)(4); R315-15-4.3(a)-(b)(1); R315-15-4.4(b);
                                              R315-15-4.6; R315-15-4.6(d)(1)(ii)&(iii); R315-15-
                                              5.2(a); R315-15-5.3(b)(6)(viii)(C); R315-15-15-5.5;
                                              R315-15-5.5(a); R315-15-5.5 (c)(1)(ii)&(iii); R315-15-
                                              6.1(b)(1); R315-15-6.3(a); R315-15-6.5; R315-15-
                                              7.1(a); R315-15-7.3(a); R315-15-7.4(a); R315-15-
                                              7.5(a).
Land Disposal Restrictions; Renewal of the   R315-13-1.............................................     11/15/94
 Hazardous Waste Debris Case-By-Case
 Capacity Variance (HSWA) [58 FR 28506, 05/
 14/93] (Checklist 123).
Land Disposal Restrictions for Ignitable     R315-8-1(e)(7); R315-7-8.1(c)(7); R315-13-1; R315-50-      11/15/94
 and Corrosive Characteristic Wastes Whose    16.
 Treatment Standards Were Vacated (HSWA)
 [58 FR 29860, 05/24/93] (Checklist 124).
Boilers and Industrial Furnaces; Changes     R315-1-2; R315-14-7...................................     11/15/94
 for Consistency with New Air Regulations
 (HSWA/Non-HSWA) [58 FR 38816, 07/20/93]
 (Checklist 125).
Testing and Monitoring Activities (HSWA/Non- R315-1-2; R315-2-16; R315-2-9(e); R315-2-9(g); R315-       11/15/94
 HSWA) [58 FR 46040, 08/31/93; 59 FR 47080,   50; R315-50-7; R315-50-8; R315-8-10; R315-8-14.8(c);
 09/19/94] (Checklist 126).                   R315-7-17; R315-7-21.7(d); R315-13-1; R315-1-2(a);
                                              R315-3-6.5(c)(1)(iii)&(iv); R315-3-
                                              20(b)(2)(i)(C)&(D); R315-3-37.
Boilers and Industrial Furnaces;             R315-14-7.............................................     11/15/94
 Administrative Stay and Interim Standards
 for Bevill Residues (HSWA) [58 FR 59598,
 11/09/93] (Checklist 127).
Wastes From the Use of Chlorophenolic        R315-1-2(a); R315-50-10...............................     11/15/94
 Formulations in Wood Surface Protection
 (Non-HSWA) [59 FR 458, 01/04/94]
 (Checklist 128).
Revision of Conditional Exemption for Small  R315-2-4(e)(2)(i)&(ii); R315-2-4(e)(3); R315-2-            11/15/94
 Scale Treatability Studies (Non-HSWA) [59    4(e)(3)(i)-(iii)(E); R315-2-4(f)(3)-(5).
 FR 8362, 02/18/94] (Checklist 129).
Recycled Used Oil Management Standards;      R315-1-1(b); R315-15-1.1(b)(1)(ii); R315-15-               09/01/94
 Technical Amendments and Corrections II      1.1(b)(2)(iii); R315-15-1.1(g); R315-15-1.1(g) (1)-
 (HSWA/Non-HSWA) [59 FR 10050, 03/04/94]      (6); R315-15-2.1(b)(2)(i)-(ii)(E); R315-15-4.2(c);
 (Checklist 130).                             R315-15-4.5(c); R315-15-4.7(a)(5)(i)&(ii); R315-15-
                                              4.7(b)(5)(i)&(ii); R315-15-5.4(c); R315-15-6.4(c).
Recordkeeping Instructions; Technical        R315-50-2.............................................     11/15/94
 Amendment (Non-HSWA) [59 FR 13891, 03/24/
 94] (Checklist 131).
Wood Surface Protection; Correction (Non-    R315-1-2(a)...........................................     02/15/96
 HSWA) [59 FR 28484, 06/02/94] (Checklist
 132).
Letter of Credit Revision (Non-HSWA) [59 FR  R315-8-8..............................................     02/15/96
 29958, 06/10/94] (Checklist 133).

[[Page 2147]]

 
Correction of Beryllium Powder (P015)        R315-2-11(e); R315-50-10; R315-13-1...................     02/15/96
 Listing (Non-HSWA) [59 FR 31551, 06/20/94]
 (Checklist 134).
Recovered Oil Exclusion (Non-HSWA) [59 FR    R315-2-3(c)(2)(ii)(B); R315-2-4(a)(12); R315-2-6; R315-    02/15/96
 38536, 07/28/94] (Checklist 135).            14-7.
Removal of the Conditional Exemption for     R315-14-2; R315-13-1..................................     02/15/96
 Certain Slag Residues (HSWA) [59 FR 43496,
 08/24/94] (Checklist 136).
Universal Treatment Standards and Treatment  R315-2-18; R315-2-19; R315-2-20; R315-2-21; R315-2-        01/05/95
 Standards for Organic Toxicity               2(e)(1)(iii); R315-8-1(e)(7); R315-7-8.1(c)(7); R315-
 Characteristic Wastes and Newly Listed       14-2; R315-14-7; R315-13-1.
 Wastes (HSWA/Non-HSWA) [59 FR 47982, 09/19/
 94; 60 FR 242, 01/03/95] (Checklist 137).
Testing and Monitoring Activities Amendment  R315-1-2(a)...........................................     02/15/96
 I (Non-HSWA) [60 FR 3089, 01/13/95]
 (Checklist 139).
Carbamate Production Identification and      R315-2-3(a)(2)(iv)(E)-(G); R315-2-3(c)(2)(ii) (D);         02/15/96
 Listing of Hazardous Waste (HSWA) [60 FR     R315-2-10(f); R315-2-11(e); R315-2-11 (f); R315-50-9;     07/15/97
 7824, 02/09/95; 60 FR 25619, 05/12/95]       R315-50-10.
 (Checklist 140).
Testing and Monitoring Activities Amendment  R315-1-2(a)...........................................     02/15/96
 II (Non-HSWA) [60 FR 17001, 04/04/95]
 (Checklist 141).
Universal Waste Rule (Non-HSWA) [60 FR       R315-2-5; R315-2-6; R315-2-17; R315-2-17 (b); R315-2-      02/15/96
 25492, 05/11/95] (Checklist 142A-E).         25; R315-2-25(a)-(c); R315-3-3(n) (8); R315-3-
                                              3(n)(8)(i)-(iii); R315-7-8.1(c)(12); R315-7-
                                              8.1(c)(12)(i)-(iii); R315-8-1(e)(10); R315-8-
                                              1(e)(10)(i)-(iii); R315-13-1; R315-14-6; R315-16.
----------------------------------------------------------------------------------------------------------------
\1\ Utah Hazardous Waste Management Rules and Regulations, revised February 20, 1998.

    EPA considers Utah's listing of all P999 and some F999 wastes 
(specifically: nerve, military, and chemical agents) as more stringent 
than the Federal rule. To the extent that unused chemical agents, as 
produced, exhibit a hazardous waste reactivity characteristic, they are 
considered hazardous waste and, thus, are regulated under Federal rule. 
Utah's listing of these wastes enhances the degree of regulatory 
control regarding these wastes. EPA also considers Utah's rule as 
broader-in-scope than the federal rule for those F999 process wastes 
which do not exhibit a characteristic for hazardous waste and would not 
be regulated under Federal rule. Utah is also more stringent at the 
following provisions: R315-15-1.3(c); R315-15-2.1(a)(1) & (4); R315-15-
2.3(d); R315-15-2.4(a), (d) & (e); R315-15-3.1(b); R315-15-3.2(b)(3) & 
(b)(3)(i-iv); R315-15-4.4(c); R315-15-4.6(d)(1)(iii); R315-15-4.6(f); 
R315-15-4.7(e); R315-15-5.1(a); R315-15-5.3(b)(6)(iv)(B); R315-15-
5.5(c)(1)(iii); R315-15-5.5(g); R315-15-5.8(a)(2)(iii); R315-15-5.8(b); 
R315-15-6.5(c)(1)(iii); R315-15-6.5(g); R315-15-9.1(c); R315-15-11; and 
R315-15-13.5(d). In addition, Utah is broader-in-scope at the following 
provisions: R315-2-10; R315-15-10 through 15; and R315-16-1.1(a).
    EPA shall administer any RCRA hazardous waste permits, or portions 
of permits, that contain conditions based on the Federal program 
provisions for which the State is applying for authorization and which 
were issued by EPA prior to the effective date of this authorization. 
EPA will suspend issuance of any further permits under the provisions 
for which the State is being authorized on the effective date of this 
authorization. EPA has previously suspended issuance of permits for 
other provisions on October 24, 1984, the effective date of Utah's 
Final Authorization for the RCRA base program.

Indian Reservations

    These program revisions do not extend to ``Indian Country'' as 
defined in 18 U.S.C. 1151, including lands within the exterior 
boundaries of the following Indian reservations located within or 
abutting the State of Utah:

1. Goshute Indian Reservation
2. Navajo Indian Reservation
3. Northwestern Band of Shoshoni Nation of Utah (Washakie) Indian 
Reservation
4. Paiute Indian Tribe of Utah Indian Reservation
5. Skull Valley Band of Goshute Indians of Utah Indian Reservation
6. Uintah and Ouray Indian Reservation
7. Ute Mountain Indian Reservation

    The Agency is cognizant that the State of Utah and the United 
States Government differ as to the exact geographical extent of Indian 
Country within the Uintah and Ouray Indian Reservation and are 
currently litigating this question in Federal Court. Until that 
litigation is completed and this question is resolved, the Agency will 
enter into discussions with the Ute Indian Tribe of the Uintah and 
Ouray Indian Reservation and the State of Utah to determine the best 
interim approach to managing this program in the disputed area. The 
Agency will notify the public of the outcome of these discussions.
    In excluding Indian Country from the scope of this program 
revision, EPA is not making a determination that the State either has 
adequate jurisdiction or lacks jurisdiction over sources in Indian 
Country. Should the State of Utah choose to seek program authorization 
within Indian Country, it may do so without prejudice. Before EPA would 
approve the State's program for any portion of Indian Country, EPA 
would have to be satisfied that the State 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 and that such approval would constitute sound 
administrative practice.

[[Page 2148]]

C. Decision

    I conclude that Utah's applications for program revision 
authorization meet all of the statutory and regulatory requirements 
established by RCRA. Accordingly, EPA grants Utah Final Authorization 
to operate its Hazardous Waste Program as revised. Utah now has 
responsibility for permitting treatment, storage, and disposal 
facilities within its borders (except in Indian Country) and for 
carrying out the aspects of the RCRA program described in its revised 
program applications, subject to the limitations of HSWA. Utah also has 
primary enforcement responsibilities, although EPA retains the 
authority to conduct inspections under section 3007 of RCRA and to take 
enforcement actions, including, but not limited to, actions that may be 
in addition to State actions, under sections 3008, 3013, and 7003 of 
RCRA.

D. Codification in Part 272

    EPA uses 40 CFR part 272 for codification of the decision to 
authorize Utah's program and for incorporation by reference of those 
provisions of its statutes and regulations that EPA will enforce under 
sections 3008, 3013, and 7003 of RCRA. EPA reserves amendment of 40 CFR 
part 272, subpart TT, until a later date.

Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for Federal agencies to assess the 
effects of certain regulatory actions on State, local, and tribal 
governments and the private sector. Under sections 202 and 205 of UMRA, 
EPA generally must prepare a written statement of economic and 
regulatory alternatives analyses for proposed and Final rules with 
Federal mandates, as defined by UMRA, 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.
    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 Utah 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. Before EPA establishes any regulatory requirements that 
may significantly or uniquely affect small governments, including 
tribal governments, section 203 of UMRA requires EPA to develop a small 
government agency plan. 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 on a substantial 
number of small entities.
    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. 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. 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 FR. 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. If the mandate is unfunded, EPA must 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. Accordingly, the requirements of section 1(a) of Executive 
Order 12875 do not apply to this rule.

[[Page 2149]]

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 provides to the Office 
of Management and Budget a description of the prior consultation and 
communications the agency has had with representatives of tribal 
governments and a statement supporting the need to issue the 
regulation. In addition, Executive Order 13084 requires EPA to develop 
an effective process permitting elected 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 affect the communities of Indian tribal 
governments. Utah 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 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''), Public Law 104-113, section 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 involve technical standards. Therefore, EPA 
did not consider the use of any voluntary consensus standards.

List of Subjects in 40 CFR Part 272

    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, Water pollution control, Water supply.

    Authority: This document 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).
Kerrigan G. Clough,
Acting Regional Administrator, Region 8.
[FR Doc. 99-667 Filed 1-12-99; 8:45 am]
BILLING CODE 6560-50-P