[Federal Register Volume 64, Number 19 (Friday, January 29, 1999)]
[Rules and Regulations]
[Pages 4596-4599]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-1908]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271
[FRL-6226-1]


Nevada; Final Authorization of State Hazardous Waste Management 
Program Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate final rule.

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SUMMARY: Nevada has applied for Final authorization of the revision to 
its hazardous waste program under the Resource Conservation and 
Recovery Act (RCRA). The revision covers regulatory changes that 
occurred between July 1, 1995 through June 30, 1997. The EPA has 
reviewed Nevada's application and determined that its hazardous waste 
program revision satisfies 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 
Nevada's hazardous waste program revision will take effect as provided 
below.

DATES: This final authorization for Nevada will become effective 
without further notice on March 30, 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 
Federal Register. Any comments on Nevada's program revision application 
must be filed by March 1, 1999.

ADDRESSES: Written comments should be sent to Lisa McClain-Vanderpool, 
U.S. EPA Region IX (WST-3), 75 Hawthorne Street, San Francisco, CA 
94105, Phone: 415/744-2086. Copies of Nevada's program revision 
application is available during the business hours of 9:00 a.m. to 5:00 
p.m. at the following addresses for inspection and copying:

Nevada Department of Conservation and Natural Resources, Division of 
Environmental Protection, 333 W. Nye Lane, Carson City, NV 89710, 
Phone: 702/687-5872. Contact Allen Biaggi, Administrator.
U.S. EPA Region IX Library-Information Center, 75 Hawthorne Street, San 
Francisco, CA 94105, Phone: 415/744-1510.

FOR FURTHER INFORMATION CONTACT: Lisa McClain-Vanderpool, U.S. EPA 
Region IX (WST-3), 75 Hawthorne Street, San Francisco, CA 94105, Phone: 
415/744-2086.

SUPPLEMENTARY INFORMATION:

A. Background

    States with final authorization under section 3006(b) of the 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 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. Nevada

    Nevada initially received final authorization for the base program 
on August 19, 1985 effective October 18, 1985 (160 FR 33359). Nevada 
received authorization for revisions to its program on April 29, 1992 
effective June 29, 1992 (57 FR 18083), on May 27, 1994 effective July 
26, 1994 (59 FR 27472), on April 11, 1995 effective June 12, 1995 (60 
FR 18358) and on June 24, 1996 effective August 23, 1996 (60 FR 32345).
    On September 22, 1998, Nevada submitted a final complete program 
revision application, seeking

[[Page 4597]]

authorization of its program revision in accordance with 40 CFR 271.21. 
The EPA reviewed Nevada's application, and now makes an immediate final 
decision, subject to receipt of adverse written comment, that Nevada's 
hazardous waste program revision satisfies all of the requirements 
necessary to qualify for Final Authorization. Consequently, EPA intends 
to grant Nevada Final Authorization for the program modifications 
contained in the revision.
    The public may submit written comments on EPA's immediate final 
decision until March 1, 1999. Copies of Nevada's application 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 
Nevada's program revision by the end of the comment period, the 
authorization of Nevada's revision will become effective 60 days from 
the date this document is published. If the Agency does receive adverse 
written comment, it will publish a document 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 Federal Register. 
EPA may not provide additional opportunity for comment. Any parties 
interested in commenting should do so at this time.
    Nevada is applying for authorization for changes and additions to 
the Federal RCRA implementing regulations that occurred between July 1, 
1995 and June 30, 1997, as listed below.

----------------------------------------------------------------------------------------------------------------
     Description of Federal requirement               Federal Register              Analogous State authority
----------------------------------------------------------------------------------------------------------------
Hazardous Waste Management: Liquids in       July 11,1995, 60 FR 35703........  Nevada Revised Statutes (NRS)
 Landfills III/Checklist 145.                                                    459.485 and 459.490; Nevada
                                                                                 Administrative Code (NAC)
                                                                                 444.8632 through 444.8634 and
                                                                                 regulations included as
                                                                                 Sections 8 and 9 of LCB File
                                                                                 No. R-202-97 filed with the
                                                                                 Secretary of State, March 5,
                                                                                 1998.
RCRA Expanded Public Participation/          December 11, 1995, 60 FR 63417...  Same as above.
 Checklist 148.
Identification and Listing of Hazardous      March 26, 1996, 61 FR 13103......  Same as above.
 Waste: Amendments to Definition of Solid
 Waste/Recovered Oil Exclusion, Correction
 Checklist 150.
Land Disposal Restrictions Phase III-        61 FR 15566 and 15660, April 8,    Same as above.
 Decharacterized Waste Waters, Carbamate      1996; 61 FR 19117, April 30,
 Wastes and Spent Potliners/Checklist 151.    1996; 61 FR 33680, June 28,
                                              1996; 61 FR 36419, July 10,
                                              1996; 61 FR 43924, August 26,
                                              1996; 62 FR 7502, February 19,
                                              1997.
Conditionally Exempt Small Quantity          July 1, 1996, 61 FR 34252........  Same as above.
 Disposal Options under RCRA subtitle D/
 Checklist 153.
Consolidated Organic Air Emission Standards  December 6, 1994, 59 FR 62896-     Same as above.
 for Tanks, Surface Impoundments and          62953; May 19, 1995, 60 FR 26828-
 Containers/Checklist 154.                    26829; September 29,1995, 60 FR
                                              50426-50430; November 13, 1995,
                                              60 FR 56952-56954; February 9,
                                              1996, 61 FR 4903-4916; June 5,
                                              1996, 61 FR 28508-28511; and
                                              November 25, 1996, 61 FR 59932-
                                              59997.
Land Disposal Restrictions Phase III:        January 14, 1997, 62 FR 1992.....  Same as above.
 Emergency Extension of K088 Capacity/
 Checklist 155.
Military Munitions Rule/Checklist 156......  February 12, 1997, 62 FR 6622....  Same as above.
Land Disposal Restrictions Phase IV--        May 12, 1997, 62 FR 25998........  Same as above.
 Treatment Standards for Wood Preserving
 Wastes, Paperwork Reduction and
 Streamlining, Exemptions From RCRA for
 Certain Processed Materials; and
 Miscellaneous Hazardous Waste Provisions/
 Checklist 157.
Testing and Monitoring Activities/Checklist  June 13, 1997, 62 FR 32452.......  Same as above.
 158.
Conformance with Carbamate Vacatur/          June 17, 1997, 62 FR 32974.......  Same as above.
 Checklist 159.
----------------------------------------------------------------------------------------------------------------
Note: NRS 459.485 effective 1981, amended 1991; NRS 459.490 effective 1981, amended 1987. NAC 444.8632 adopts by
  reference 40 CFR part 2, subpart A; part 124, subparts A and B; parts 260 through 270, inclusive; part 273 and
  part 279 as modified by NAC 444.8633, NAC 444.8634, 444.86325 and the regulations included as section 8 and 9
  of LCB File No. R-202-97 (filed with the Secretary of State on March 5, 1998).

    Nevada agrees to review all State hazardous waste permits which 
have been issued under State law prior to the effective date of this 
authorization. Nevada agrees to then modify or revoke and reissue such 
permits as necessary to require compliance with the amended State 
program. Nevada is not being authorized to operate any portion of the 
hazardous waste program on Indian lands.

C. Decision

    I conclude that Nevada's application for program revision 
authorization meets all of the statutory and regulatory requirements 
established by RCRA. Accordingly, EPA grants Nevada Final Authorization 
to operate its hazardous waste program as revised. Nevada 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 application, subject to the limitations of the HSWA. Nevada 
also has primary enforcement responsibilities, although EPA retains the 
right to conduct inspections under

[[Page 4598]]

section 3007 of RCRA, and to take enforcement actions under sections 
3008, 3013 and 7003 of RCRA.

D. Codification in Part 272

    The EPA uses 40 CFR part 272 for codification of the decision to 
authorize Nevada'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 DD 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 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 Nevada 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 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

[[Page 4599]]

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 Executive Order 13084 because it does 
not significantly or uniquely affect the communities of Indian tribal 
governments. Nevada 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''), 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, 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).

    Dated: December 21, 1998.
Laura Yoshii,
Acting Regional Administrator, Region 9.
[FR Doc. 99-1908 Filed 1-28-99; 8:45 am]
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