[Federal Register Volume 64, Number 153 (Tuesday, August 10, 1999)]
[Proposed Rules]
[Pages 43331-43336]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-20551]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-6417-2]


South Dakota: Final Authorization of State Hazardous Waste 
Management Program Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: South Dakota has applied to EPA for Final authorization of 
changes to its hazardous waste program under the Resource Conservation 
and Recovery Act (RCRA). EPA has determined that these changes satisfy 
all requirements needed to qualify for Final authorization, and is 
proposing to authorize the State's changes through this proposed final 
action.

DATES: Send your comments by September 9, 1999.

ADDRESSES: Send written comments to Kris Shurr, 8P-HW, U.S. EPA, Region 
VIII, 999 18th St, Ste 500, Denver, Colorado 80202-2466, phone number: 
(303) 312-6139. We must receive your comments by September 9, 1999. You 
can view and copy South Dakota's applications at the following 
addresses: SDDENR, from 9:00 AM to 5:00 PM, Joe Foss Building, 523 E. 
Capitol, Pierre, South Dakota 57501-3181, contact: Carrie Jacobson, 
phone number (605) 773-3153 and EPA Region VIII, from 8:00 AM to 4:00 
PM, 999 18th Street, Suite 500, Denver, Colorado 80202-2466, contact: 
Kris Shurr, phone number: (303) 312-6139.

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

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 South Dakota's applications to revise its 
authorized program meet all of the statutory and regulatory 
requirements established by RCRA. Therefore, we propose to grant South 
Dakota Final authorization to operate its hazardous waste program with 
the changes described in the authorization applications. South Dakota 
has responsibility for permitting Treatment, Storage, and Disposal 
Facilities (TSDFs) 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 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 South Dakota, 
including issuing permits, until the State is granted authorization to 
do so.

C. What Is the Effect of Today's Authorization Decision?

    The effect of this decision is that a facility in South Dakota 
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. South Dakota has enforcement responsibilities under 
its State hazardous waste program for violations of its currently 
authorized program, but EPA retains its authority under RCRA sections 
3007, 3008, 3013, and 7003, which include, among others, authority to:
     Do inspections and require monitoring, tests, analyses, or 
reports
     Enforce RCRA requirements and suspend or revoke permits
     Take enforcement actions regardless of whether the State 
has taken its own actions
    This action does not impose additional requirements on the 
regulated community because the proposed regulations for which South 
Dakota is requesting authorization are already effective, and are not 
changed by this proposed approval.

D. What Happens If EPA Receives Comments That Oppose This Action?

    If EPA receives comments that oppose this authorization, we will 
address all public comments in a later Federal Register. You will not 
have another opportunity to comment. If you want to

[[Page 43332]]

comment on this action, you must do so at this time.

E. What Has South Dakota Previously Been Authorized For?

    South Dakota initially received Final authorization on October 19, 
1984, effective November 2, 1984 (49 FR 41038) to implement the RCRA 
hazardous waste management program. We granted authorization for 
changes to their program on April 17, 1991, effective June 17, 1991 (56 
FR 15503); September 8, 1993, effective November 8, 1993 (FR 47216); 
January 10, 1994, effective March 11, 1994 (59 FR 01275); and July 24, 
1996, effective September 23, 1996 (61 FR 38392).

F. What Changes Are We Proposing To Authorize With Today's Action?

    On August 1, 1997, September 3, 1997, and March 23, 1999, South 
Dakota submitted final complete program revision applications, seeking 
authorization of their changes in accordance with 40 CFR 271.21. We now 
make a Final decision, subject to receipt of written comments that 
oppose this action, that South Dakota's hazardous waste program 
revisions satisfy all of the requirements necessary to qualify for 
Final authorization. Therefore, we propose to grant South Dakota 
authorization for the following program changes:

------------------------------------------------------------------------
     Description of federal          Analogous state
          requirement                  authority 1        Effective date
------------------------------------------------------------------------
Wood Preserving Listings [55 FR  74:28:21:02;                   08/05/97
 50450-50490, 12/6/90]            74:28:22:01;
 (Checklist 82).                  74:28:23:01;
                                  74:28:25:01;
                                  74:28:26:01;
                                  74:28:28:01.
Wood Preserving Listings;        74:28:22:01;                   08/05/97
 Technical Corrections [56 FR     74:28:23:01;
 30192-30198, 7/1/91]             74:28:25:01;
 (Checklist 92).                  74:28:26:01;
                                  74:28:28:01.
Burning of Hazardous Waste in    74:28:22:01;                   08/05/97
 Boilers & Industrial Furnaces;   74:28:26:01;
 Corrections & Technical          74:28:27:01;
 Amendments I [56 FR 32688, 7/    74:28:28:01.
 17/91] (Checklist 94).
Land Disposal Restrictions for   74:28:22:01;                   08/05/97
 Electric Arc Furnace Dust        74:28:30:01.
 (K061) [56 FR 41164-41178, 8/
 19/91] (Checklist 95).
Burning of Hazardous Waste in    74:28:22:01;                   08/05/97
 Boilers & Industrial Furnaces;   74:28:27:01;
 Technical Amendments II [56 FR   74:28:28:01.
 42504-42517, 8/27/91]
 (Checklist 96).
Exports of Hazardous Waste;      74:28:23:01............        08/05/97
 Technical Correction [56 FR
 43704-43705] (Checklist 97).
Burning of Hazardous Waste in    74:28:27:01............        08/05/97
 Boilers & Industrial Furnaces;
 Administrative Stay of
 Applicability & Technical
 Amendment [56 FR 43874-43877,
 9/5/91] (Checklist 98).
Amendments to Interim Status     74:28:21:02;                   08/05/97
 Standards for Downgradient       74:28:28:01.
 Ground-Water Monitoring Well
 Locations [56 FR 66365-66369,
 12/23/91] (Checklist 99).
Liners & Leak Detection Systems  74:28:21:02;                   08/05/97
 for Hazardous Waste Land         74:28:25:01;
 Disposal Units [57 FR 3462-      74:28:26:01;
 3497, 1/29/92] (Checklist 100).  74:28:28:01.
Administrative Stay for the      74:28:25:01;                   08/05/97
 Requirement that Existing Drip   74:28:28:01.
 Pads Be Impregnable [57 FR
 5859-5861, 2/18/92] (Checklist
 101).
Second Correction to the Third   74:28:25:01;                   08/05/97
 Third Land Disposal              74:28:28:01;
 Restrictions [57 FR 8086-8089,   74:28:30:01.
 3/6/92] (Checklist 102).
Hazardous Debris Case-by-Case    74:28:30:01............        08/05/97
 Capacity Variance [57 FR 20766-
 20770, 5/15/92] (Checklist
 103).
Used Oil Filter Exclusion [57    74:28:22:01............        08/05/97
 FR 21524-21534, 5/29/92]
 (Checklist 104).
Recycled Coke By-Product         74:28:22:01;                   08/05/97
 Exclusion [57 FR 27880-27888,    74:28:27:01.
 6/22/92] (Checklist 105).
Lead-bearing Hazardous           74:28:30:01............        08/05/97
 Materials Case-by-Case
 Capacity Variance [57 FR 28628-
 28632, 6/26/92] (Checklist
 106).
Used Oil Filter Exclusion:       74:28:22:01............        08/05/97
 Technical Corrections [57 FR
 29220, 7/1/92] (Checklist 107).
Land Disposal Restrictions for   74:28:21:02;                   08/05/97
 Newly Listed Wastes &            74:28:22:01;
 Hazardous Debris [57 FR 37194-   74:28:23:01;
 37282] (Checklist 109).          74:28:25:01;
                                  74:28:26:01;
                                  74:28:28:01;
                                  74:28:30:01.
Coke By-Products Listings [57    74:28:22:01............        08/05/97
 FR 37284-37306, 8/18/92]
 (Checklist 110).
Burning of Hazardous Waste in    74:28:21:02;                   08/05/97
 Boilers & Industrial Furnaces;   74:28:22:01;
 Technical Amendment III [57 FR   74:28:25:01;
 38558-38566, 8/25/92]            74:28:27:01;
 Checklist 111.                   74:28:28:01.
Recycled Used Oil Management     74:28:22:02;                   08/05/97
 Standards [57 FR 41566-41626,    74:28:22:01;
 9/10/92] (Checklist 112).        74:28:27:01.
Consolidated Liability           74:28:25:01;                   08/05/97
 Requirements [53 FR 33938-       74:28:28:01.
 33960, 9/1/88; 56 FR 30200, 7/
 1/91; 57 FR 42832-42844, 9/16/
 92] (Checklist 113).
Burning of Hazardous Waste in    74:28:27:01............        08/05/97
 Boilers & Industrial Furnaces;
 Technical Amendment IV [57 FR
 44999-45001, 9/30/92]
 (Checklist 114).
Chlorinated Toluenes Production  74:28:22:01............        08/05/97
 Waste Listing [57 FR 47376-
 47386, 10/15/92] (Checklist
 115).
Hazardous Soil Case-By-Case      74:28:30:01............        08/05/97
 Capacity Variance [57 FR 47772-
 47776, 10/20/92] (Checklist
 116).
Liquids in Landfills II [57 FR   74:28:21:02;                   08/05/97
 54452-54461, 11/18/92]           74:28:25:01;
 (Checklist 118).                 74:28:28:01.

[[Page 43333]]

 
Wood Preserving: Revisions to    74:28:22:01;                   08/05/97
 Listings & Technical             74:28:25:01;
 Requirements [57 FR 61492-       74:28:28:01.
 61505, 12/24/92] (Checklist
 120).
Corrective Action Management     74:28:21:02;                   08/05/97
 Units & Temporary Units [58 FR   74:28:25:01;
 8658-8685, 2/16/93] (Checklist   74:28:26:01;
 121).                            74:28:28:01;
                                  74:28:30:01.
Recycled Used Oil Management     74:28:22:01;                   08/05/97
 Standards; Technical             74:28:25:01;
 Amendments & Corrections I [58   74:28:27:01;
 FR 26420-26426, 5/3/93]          74:28:28:01.
 (Checklist 122).
Land Disposal Restrictions;      74:28:30:01............        08/05/97
 Renewal of the Hazardous Waste
 Debris Case-By-Case Capacity
 Variance [58 FR 28506-28511, 5/
 14/93] (Checklist 123).
Land Disposal Restrictions for   74:28:25:01;                   08/05/97
 Ignitable & Corrosive            74:28:26:01;
 Characteristic Wastes Whose      74:28:28:01;
 Treatment Standards Were         74:28:30:01.
 Vacated [58 FR 29860-29887, 5/
 24/93] (Checklist 124).
Boilers & Industrial Furnaces;   74:28:21:02;                   10/02/95
 Changes for Consistency with     74:28:27:01.
 New Air Regulations [58 FR
 38816-38884, 7/20/93]
 (Checklist 125).
Testing & Monitoring Activities  74:28:22:01;                   10/02/95
 [58 FR 46040-46051, 8/31/93]     74:28:25:01;
 (Checklist 126).                 74:28:26:01;
                                  74:28:28:01;
                                  74:28:30:01.
Boilers & Industrial Furnaces;   74:28:27:01............        10/02/95
 Administrative Stay & Interim
 Standards for Bevill Residues
 [58 FR 59598-59603, 11/9/93]
 (Checklist 127).
Wastes From the Use of           74:28:21:02............        10/02/95
 Chlorophenolic Formulations in
 Wood Surface Protection [59 FR
 458-469, 1/4/94] (Checklist
 128).
Revision of Conditional          74:28:22:01............        10/02/95
 Exemption for Small Scale
 Treatability Studies [59 FR
 8362-8366, 2/18/94] (Checklist
 129).
Recycled Used Oil Management     74:28:27:01............        10/02/95
 Standards; Technical
 Amendments & Corrections II
 [59 FR 10550-10560, 3/4/94]
 (Checklist 130).
Recordkeeping Instructions;      74:28:25:01;                   10/02/95
 Technical Amendment [59 FR       74:28:28:01.
 13891-13893, 3/24/94]
 (Checklist 131).
Wood Surface Protection;         74:28:21:02............        10/02/95
 Correction [59 FR 28484, 6/2/
 94] (Checklist 132).
Letter of Credit Revision [59    74:28:25:01............        10/02/95
 FR 29958-29960, 6/10/94]
 (Checklist 133).
Correction of Beryllium Powder   74:28:22:01;                   10/02/95
 (P015) Listing [59 FR 31551-     74:28:30:01;.
 31552, 6/20/94] (Checklist
 134).
Recovered Oil Exclusion [59 FR   74:28:22:01;                   11/05/96
 38336-38545, 7/28/94]            74:28:27:01.
 (Checklist 135).
Removal of the Conditional       74:28:27:01;                   11/05/96
 Exemption for Certain Slag       74:28:30:01.
 Residues [59 FR 43496-43500, 8/
 24/94] (Checklist 136).
Universal Treatment Standards &  74:28:21:02;                   11/05/96
 Treatment Standards for          74:28:22:01;
 Organic Toxicity                 74:28:25:01;
 Characteristic Wastes & Newly    74:28:27:01;
 Listed Wastes [59 FR 47982-      74:28:28:01;
 48110, 9/19/94] (Checklist       74:28:30:01.
 137).
Testing & Monitoring Activities  74:28:21:02............        11/05/96
 Amendment I [60 FR 3089-3095,
 1/13/95] (Checklist 139).
Testing & Monitoring Activities  74:28:21:02............        11/05/96
 Amendment II [60 FR 17001-
 17004, 4/4/95] (Checklist 141).
Universal Waste: General         74:28:21:02;                   11/05/96
 Provisions [60 FR 25492-25551,   74:28:22:01;
 5/11/95] (Checklist 142A).       74:28:25:01;
                                  74:28:26:01;
                                  74:28:27:01;
                                  74:28:28:01;
                                  74:28:30:01;
                                  74:28:33:01.
Universal Waste: Specific        74:28:21:02;                   11/05/96
 Provisions for Batteries [60     74:28:22:01;
 FR 25492-25551, 5/11/95]         74:28:23:01;
 (Checklist 142B).                74:28:25:01;
                                  74:28:26:01;
                                  74:28:28:01;
                                  74:28:30:01;
                                  74:28:33:01.
Universal Waste: Specific        74:28:21:02;                   11/05/96
 Provisions for Thermostats [60   74:28:22:01;
 FR 25492-25551, 5/11/95]         74:28:25:01;
 (Checklist 142D).                74:28:26:01;
                                  74:28:28:01;
                                  74:28:30:01;
                                  74:28:33:01.
Universal Waste: Petition        74:28:21:02;                   11/05/96
 Provisions to Add a New          74:28:33:01.
 Universal Waste [60 FR 25492-
 25551, 5/11/95] (Checklist
 142E).
Liquids in Landfills III [60 FR  74:28:25:01;                   08/05/97
 35703-35706, 7/11/95]            74:28:28:01.
 (Checklist 145).
Amendments to the Definition of  74:28:22:01............        08/05/97
 Solid Waste; Amendment II [61
 FR 13103-13106, 3/26/96]
 (Checklist 150).
Land Disposal Restrictions       74:28:30:01............       08/05/97
 Phase III--Decharacterized
 Wastewaters, Carbamate Wastes
 & Spent Potliners [61 FR 15566-
 15660, 4/8/96] (Checklist 151).
------------------------------------------------------------------------
\1\ Administrative Rules of South Dakota.

G. Where Are The Revised State Rules Different From The Federal 
Rules?

    EPA cannot delegate the Federal requirements at 40 CFR 268.5, 
268.42(b), and 268.44. South Dakota has excluded these requirements and 
EPA will continue to implement these requirements.

H. Who Handles Permits After This Authorization Takes Effect?

    South Dakota 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 we issued prior to the effective date of this 
authorization until they expire or are terminated. When the State 
incorporates

[[Page 43334]]

the terms and conditions of the Federal permits into State permits or 
issues State permits to those facilities, EPA will terminate the 
Federal permits. We will not issue any more new permits or new portions 
of permits for the provisions listed in the Table above after the 
effective date of this authorization. EPA will continue to implement 
and issue permits for HSWA requirements for which South Dakota is not 
yet authorized.

I. How Does Today's Action Affect Indian Country (18 U.S.C. Section 
1151) In South Dakota?

    EPA has been consulting with the affected Tribes and has had 
discussions with the State regarding the extent of Indian country in 
South Dakota. Based on these discussions, we propose the following 
language. Recognizing that the affected parties may have differing 
opinions, we invite comment from the Tribes, the State and others.
    EPA's decision to authorize the South Dakota hazardous waste 
program does not include any land that is, or becomes after the date of 
this authorization, ``Indian Country,'' as defined in 18 U.S.C. 1151, 
including:
    1. Land within formal Indian reservations located within or 
abutting the State of South Dakota, including the:
    a. Cheyenne River Indian Reservation,
    b. Crow Creek Indian Reservation,
    c. Flandreau Indian Reservation,
    d. Lower Brule Indian Reservation,
    e. Pine Ridge Indian Reservation,
    f. Rosebud Indian Reservation,
    g. Standing Rock Indian Reservation, and
    h. Yankton Indian Reservation.
    2. Any land held in trust by the United States for an Indian tribe, 
and
    3. Any other land, whether on or off a reservation, that qualifies 
as Indian country.
    Moreover, in the context of these principles, a more detailed 
discussion for three reservations follows.

Rosebud Sioux Reservation

    In the September 16, 1996, FR Notice, EPA noted that the U.S. 
Supreme Court in Rosebud Sioux Tribe v. Kneip, 430 U.S. 584 (1977), 
determined that three Congressional acts diminished the Rosebud Sioux 
Reservation and that it no longer includes Gregory, Tripp, Lyman and 
Mellette Counties. Accordingly, EPA authorizes the South Dakota 
hazardous waste program for all land in Gregory, Tripp, Lyman and 
Mellette Counties that was formerly within the 1889 Rosebud Sioux 
Reservation boundaries and does not otherwise qualify as Indian country 
under 18 U.S.C. 1151. This authorization does not include any trust or 
other land in Gregory, Tripp, Lyman and Mellette Counties that 
qualifies as Indian country.

Lake Traverse (Sisseton-Wahpeton) Reservation

    In the September 16, 1996, FR Notice, EPA noted that the U.S. 
Supreme Court in DeCoteau v. District County Court, 420 U.S. 425 
(1975), determined that an Act of Congress disestablished the Lake 
Traverse (Sisseton-Wahpeton) Reservation. Therefore, EPA is authorizing 
the South Dakota hazardous waste program for all land that was formerly 
within the 1867 Lake Traverse Reservation boundaries and does not 
otherwise qualify as Indian country under 18 U.S.C. 1151. This 
authorization does not include any trust or other land within the 
former Lake Traverse Reservation that qualifies as Indian country.

Yankton Sioux Reservation

    The U.S. Supreme Court's ruling in South Dakota v. Yankton Sioux 
Tribe, 522 U.S. 329 (1998), found that the Yankton Sioux Reservation 
has been diminished by the unallotted, ``ceded'' lands, that is, those 
lands that were not allotted to Tribal members and that were sold by 
the Yankton Sioux Tribe to the United States pursuant to an Agreement 
executed in 1892 and ratified by the United States Congress in 1894. 
Accordingly, EPA is authorizing the South Dakota hazardous waste 
program for unallotted, ceded lands that were ceded as a result of the 
Act of 1894, 28 Stat. 286 and do not otherwise qualify as Indian 
country under 18 U.S.C. 1151. This authorization does not include any 
trust or other land within the original boundaries of the Yankton Sioux 
Reservation that qualifies as Indian country under 18 U.S.C. 1151. EPA 
acknowledges that there may be further interpretation of land status by 
the final Federal court decision in Yankton Sioux Tribe v. Gaffey, Nos. 
98-3893, 3894, 3986, 3900. If Indian country status changes as a result 
of Gaffey, EPA will act to modify this authorization as appropriate.

J. What Is Codification and Is EPA Codifying South Dakota's 
Hazardous Waste Program As Authorized in This Rule?

    Codification is the process of placing the State's statutes and 
regulations that comprise the State's authorized hazardous waste 
program into the Code of Federal Regulations. We do this by referencing 
the authorized State rules in 40 CFR part 272. We reserve the amendment 
of 40 CFR part 272, subpart QQ for this authorization of South Dakota's 
program until a later date.

K. Regulatory Analysis and Notices

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 South Dakota 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

[[Page 43335]]

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.
    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. 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 this 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 affect the communities of Indian tribal 
governments. South Dakota

[[Page 43336]]

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 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, Water pollution control, Water supply.

    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: August 2, 1999.
Jack McGraw,
Acting Regional Administrator, Region 8.
[FR Doc. 99-20551 Filed 8-9-99; 8:45 am]
BILLING CODE 6560-50-P