[Federal Register Volume 65, Number 39 (Monday, February 28, 2000)]
[Rules and Regulations]
[Pages 10405-10411]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-4650]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-6543-6]


Missouri: Final Authorization of State Hazardous Waste Management 
Program Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate final rule.

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SUMMARY: Missouri has applied to EPA for final authorization of the 
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 
authorizing the state's changes through this immediate final action. 
EPA is publishing this rule to authorize the changes without a prior 
proposal because we believe this action is not controversial and do not 
expect opposing comments. Unless we get written comments which oppose 
this authorization during the comment period, the decision to authorize 
Missouri's changes to its hazardous waste program will take effect as 
provided below. If we get comments that oppose this action, we will 
publish a document in the Federal Register withdrawing this rule before 
it takes effect. A separate document in the proposed rules section of 
this Federal Register will serve as a proposal to authorize the 
changes.

DATES: This final authorization will become effective on April 28, 2000 
unless EPA receives adverse written comment by March 29, 2000. If EPA 
receives such comment, it will publish a timely withdrawal of this 
immediate final rule in the Federal Register and inform the public that 
this authorization will not take effect.

ADDRESSES: Send written comments to Heather Hamilton, U.S. EPA Region 
VII, ARTD/RESP, 901 North 5th Street, Kansas City, Kansas 66101. We 
must receive your comments by March 29, 2000. You can view and copy 
Missouri's application during normal business hours at the following 
address: Hazardous Waste Program, Missouri Department of Natural 
Resources, P.O. Box 176, Jefferson City, Missouri 65102-0176 (573) 751-
3176.

FOR FURTHER INFORMATION CONTACT: Heather Hamilton, U.S. EPA Region VII, 
ARTD/RESP, 901 North 5th Street, Kansas City, Kansas 66101. (913) 551-
7039.

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 Missouri's application to revise its authorized 
program meets all of the statutory and regulatory requirements 
established by RCRA. Therefore, we grant Missouri final authorization 
to operate its hazardous waste program with the changes described in 
the authorization application. Missouri has responsibility for 
permitting treatment, storage, and disposal facilities (TSDFs) within 
its borders and for 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 (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 Missouri, 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 Missouri 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. Missouri has enforcement responsibilities under its state 
hazardous waste program for violations of such 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.
    This action does not impose additional requirements on the 
regulated community because the regulations for which Missouri is being 
authorized by today's action are already effective, and are not changed 
by today's action.

D. Why Wasn't There a Proposed Rule Before Today's Rule?

    EPA did not publish a proposal before today's rule because we view 
this as a routine program change and do not expect comments that oppose 
this approval. We are providing an opportunity for public comment now. 
In addition to this rule, in the proposed rules section of today's 
Federal Register we are publishing a separate document that proposes to 
authorize the state program changes.

E. What Happens if EPA Receives Comments That Oppose This Action?

    If EPA receives comments that oppose this authorization, we will 
withdraw this rule by publishing a document in

[[Page 10406]]

the Federal Register before this rule becomes effective. EPA will base 
any further decision on the authorization of the state program changes 
on the proposal mentioned in the previous paragraph. We will then 
address all public comments in a later final rule. You may not have 
another opportunity to comment. If you want to comment on this 
authorization, you must do so at this time.
    If we receive comments that oppose only the authorization of a 
particular change to the state hazardous waste program, we will 
withdraw that part of this rule but the authorization of the program 
changes that the comments do not oppose will become effective on the 
date specified above. The Federal Register withdrawal document will 
specify which part of the authorization will become effective, and 
which part is being withdrawn.

F. What Has Missouri Previously Been Authorized For?

    On November 20, 1985, EPA published a Federal Register notice 
announcing its decision to grant final authorization for the RCRA base 
program to the State of Missouri which became effective December 12, 
1985 (50 FR 47740). Missouri received authorization for revisions to 
its program as follows: February 27, 1989, effective April 28, 1989 (54 
FR 8190); January 11, 1993, effective March 12, 1993 (58 FR 3497) and 
on May 30, 1997, effective July 29, 1997 (62 FR 29301). On January 7, 
1998, (63 FR 683) a correction was made to the May 30, 1997 (62 FR 
29301) notice to correct the effective date of the rule to be 
consistent with sections 801 and 808 of the Congressional Review Act, 
enacted as part of the Small Business Regulatory Enforcement Fairness 
Act. Additionally, the state adopted and applied for interim 
authorization for the corrective action portion of the HSWA 
Codification Rule (July 15, 1985, 50 FR 28702). For a full discussion 
of the HSWA Codification Rule, the reader is referred to the Federal 
Register cited above. The state was granted interim authorization for 
the corrective action portion on February 23, 1994, effective April 25, 
1994 (50 FR 8544). Final authorization for corrective action was 
granted on May 4, 1999, effective July 5, 1999 (64 FR 23740).

G. What Changes Are We Authorizing With Today's Action?

    On August 25, 1999, Missouri submitted a final complete program 
revision application, seeking authorization of its changes in 
accordance with 40 CFR 271.21. We now make an immediate final decision, 
subject to receipt of written comments that oppose this action, that 
Missouri's hazardous waste program revision satisfies all of the 
requirements necessary to qualify for final authorization. Therefore, 
we grant Missouri final authorization for the following program changes 
and revisions:

 
------------------------------------------------------------------------
          Checklist             FR date and page       State rule \1\
------------------------------------------------------------------------
80--Toxicity Characteristic:  55 FR 40834-40837,    10 CSR 25-4.261(1),
 Hydrocarbon Recovery          10/5/90; amended at   and 260.370 RSMo
 Operations.                   56 FR 3978, 2/1/91;   Supp. 1998.
                               and 56 FR 13406-
                               13411, 4/2/91.
81--Petroleum Refinery        55 FR 46354-46397,    10 CSR 25-4.261(1),
 Primary and Secondary Oil/    11/2/90; amended at   and 260.370 RSMo
 Water/Solids Separation       55 FR 51707, 12/17/   Supp. 1998.
 Sludge Listings (F037 and     90.
 F038.).
84--Toxicity Characteristic;  56 FR 5910-5915, 2/   10 CSR 25-4.261(1),
 Chlorofluorocarbon            13/91.                and 260.370 RSMo
 Refrigerants.                                       Supp. 1998.
86--Removal of Strontium      56 FR 7567-7568, 2/   10 CSR 25-4.261(1),
 Sulfide from the List of      25/91.                and 260.370 RSMo
 Hazardous Wastes; Technical                         Supp. 1998.
 Amendment.
87--Organic Air Emission      56 FR 19290, 4/26/91  10 CSR 25-7.264(1),
 Standards for Process Vents                         7.265(1), 7.270(1),
 and Equipment Leaks;                                and 260.370 RSMo
 Technical Amendment.                                Supp. 1998, 260.390
                                                     and 260.395 RSMo
                                                     1994.
88--Administrative Stay for   56 FR 19951, 5/1/91.  10 CSR 25-4.261(1),
 K069 Listing.                                       and 260.370 RSMo
                                                     Supp. 1998.
89--Revision to the           56 FR 21955-21960, 5/ 10 CSR 25-4.261(1),
 Petroleum Refining Primary    13/91.                and 260.370 RSMo
 and Secondary Oil/Water/                            Supp. 1998.
 Solids Separation Sludge
 Listings (F037 and F038.).
90--Mining Waste Exclusion    56 FR 27300-27330, 6/ 10 CSR 25-4.261(1),
 III..                         13/91.                and 260.370 RSMo
                                                     Supp. 1998.
95--Land Disposal             56 FR 41164-41178, 8/ 10 CSR 25-4.261(1),
 Restrictions for Electric     19/91.                4.261(2)(A)8,
 Arc Furnace Dust (K061).                            7.268(1), and
                                                     260.370 RSMo Supp.
                                                     1998, 260.390,
                                                     260.395, and
                                                     260.400 RSMo 1994.
99--Amendments to Interim     56 FR 66365-66369,    10 CSR 25-3.260(1),
 Status Standards for          12/23/91.             7.265(1), and
 Downgradient Groundwater                            260.370 RSMo Supp.
 Monitoring Well Locations.                          1998, 260.390 and
                                                     260.395 RSMo 1994.
100--Liners and Leak          57 FR 3462-3497, 1/   10 CSR 25-3.260(1);
 Detection Systems for         29/92.                7.264(1); 7.265(1);
 Hazardous Waste Land                                7.264(2)(K)1.B.;
 Disposal Units.                                     7.264(2)(K)1.C.;
                                                     7.264(2)(K)1.D.;
                                                     7.264(2)(K)1.E.;
                                                     7.264(2)(K)1.F.;
                                                     7.264(2)(L)2.B.;
                                                     7.264(2)(L)2.C.;
                                                     7.264(2)(L)2.D.;
                                                     7.264(2)(L)2.E.;
                                                     7.264(2)(L)2.F.;
                                                     7.264(2)(L)3.A.;
                                                     7.264(2)(N)2.B.;
                                                     7.264(2)(N)2.C.;
                                                     7.264(2)(N)2.D.;
                                                     7.264(2)(N)2.E.;
                                                     7.264(2)(N)2.F.;
                                                     7.264(2)(N)2.G.;
                                                     7.270(1), and
                                                     260.370 RSMo Supp.
                                                     1998, 260.390 and
                                                     260.395 RSMo 1994

[[Page 10407]]

 
102--Second Correction to     57 FR 8086-8089, 3/6/ 10 CSR 25-7.264(1),
 the Third Third Land          92.                   7.265(1), 7.268(1),
 Disposal Restrictions.                              and 260.370 RSMo
                                                     Supp. 1998,
                                                     260.390, 260.395
                                                     and 260.400 RSMo
                                                     1994.
103--Hazardous Debris Case-   57 FR 20766-20770, 5/ 10 CSR 25-7.268(1),
 by-Case Capacity Variance.    15/92.                and 260.370 RSMo
                                                     Supp. 1998,
                                                     260.390, 260.395
                                                     and 260.400 RSMo
                                                     1994.
104--Used Oil Filter          57 FR 21524-21534, 5/ 10 CSR 25-4.261(1),
 Exclusion.                    20/92.                and 260.370 RSMo
                                                     Supp. 1998.
106--Lead-Bearing Hazardous   57 FR 28628-28632, 6/ 10 CSR 25-7.268(1),
 Materials Case-by-Case        26/92.                and 260.370 RSMo
 Capacity Variance.                                  Supp. 1998,
                                                     260.390, 260.395
                                                     and 260.400 RSMo
                                                     1994.
107--Used Oil Filter          57 FR 29220, 7/1/92.  10 CSR 25-4.261(1),
 Exclusion Technical                                 and 260.370 RSMo
 Corrections.                                        Supp. 1998.
108--Toxicity Characteristic  57 FR 30657-30658, 7/ 10 CSR 25-4.261(1),
 Revisions; Technical          10/92.                7.265(1), and
 Corrections.                                        260.370 RSMo Supp.
                                                     1998, 260.390 and
                                                     260.395 RSMo 1994.
113--Consolidated Liability   53 FR 33938-33960, 9/ 10 CSR 25-7.264(1);
 Requirements.                 1/88; 56 FR 30200,    7.265(1);
                               7/1/91; 57 FR 42832-  7.264(2)(H)6;
                               42844, 9/16/92.       7.264(2)(H)7;
                                                     7.264(2)(H)8;
                                                     7.264(2)(H)9;
                                                     7.264(2)(H)10;
                                                     7.264(2)(H)11;
                                                     7.265(2)(H)5;
                                                     7.265(2)(H)8;
                                                     7.265(2)(H)9;
                                                     7.265(2)(H)10, and
                                                     260.370 RSMo Supp.
                                                     1998, 260.390 and
                                                     260.395 RSMo 1994.
  115--Chlorinated Toluenes   57 FR 47376-47386,    10 CSR 25-4.261(1),
   Production Waste Listing.   10/15/92.             and 260.370 RSMo
                                                     Supp. 1998.
116--Hazardous Soil Case-by-  57 FR 47772-47776,    10 CSR 25-7.268(1),
 Case Capacity Variance.       10/20/92.             and 260.370 RSMo
                                                     Supp. 1998,
                                                     260.390, 260.395,
                                                     and 260.400 RSMo
                                                     1994.
117A--Reissuance of the       57 FR 7628-7633, 3/3/ 10 CSR 25-4.261(1),
 Mixture and Derived-From      92; 57 FR 23062-      and 260.370 RSMo
 Rules.                        23063, 6/1/92; 57     Supp. 1998.
                               FR 49278-49279, 10/
                               30/92.
117B--Toxicity                57 FR 23062-23063, 6/ 10 CSR 25-4.261(1),
 Characteristic Amendment.     1/92.                 and 260.370 RSMo
                                                     Supp. 1998.
118--Liquids in Landfills     57 FR 54452-54461,    CSR 25-3.260(1),
 II..                          11/18/92.10.          7.264(1), 7.265(1),
                                                     and 260.370 RSMo
                                                     Supp. 1998, 260.390
                                                     and 260.395 RSMo
                                                     1994.
119--Toxicity Characteristic  57 FR 55114-55117,    10 CSR 25-4.261(1),
 Revision; TCLP Correction.    11/24/92; 58 FR       and 260.370 RSMo
                               6854, 2/2/93.         Supp. 1998.
123--Land Disposal            58 FR 28506-28511, 5/ 10 CSR 25-7.268(1),
 Restrictions; Renewal of      14/93.                and 260.370 RSMo
 the Hazardous Waste Debris                          Supp. 1998,
 Case-by-Case Capacity                               260.390, 260.395
 Variance.                                           and 260.400 RSMo
                                                     1994.
124--Land Disposal            58 FR 29860-29887, 5/ 10 CSR 25-7.264(1),
 Restrictions for Ignitable    24/93.                7.265(1), 7.268(1),
 and Corrosive                                       and 260.370 RSMo
 Characteristic Wastes Whose                         Supp. 1998,
 Treatment Standards Were                            260.390, 260.395
 Vacated.                                            and 260.400 RSMo
                                                     1994.
129--Revision of Conditional  59 FR 8362-8366, 2/   10 CSR 25-4.261(1),
 Exemption for Small Scale     18/94.                and 260.370 RSMo
 Treatability Studies.                               Supp. 1998.
131--Recordkeeping            59 FR 13891-13893, 3/ 10 CSR 25-7.264(1),
 Instructions; Technical       24/94.                7.265(1), and
 Amendment.                                          260.370 RSMo Supp.
                                                     1998, 260.390 and
                                                     260.395 RSMo 1994.
133--Letter of Credit         59 FR 29958-29960, 6/ 10 CSR 25-7.264(1),
 Revision.                     10/94.                and 260.370 RSMo
                                                     Supp. 1998, 260.390
                                                     and 260.395 RSMo
                                                     1994.
134--Correction of Beryllium  59 FR 31551-31552, 6/ 10 CSR 25-4.261(1),
 Powder (P015) Listing.        20/94.                7.268(1), and
                                                     260.370 RSMo Supp.
                                                     1998, 260.390,
                                                     260.395, and
                                                     260.400 RSMo 1994.
135--Recovered Oil Exclusion  59 FR 38536-38545, 7/ 10 CSR 25-4.261(1),
                               28/94.                7.266(1), and
                                                     260.370 RSMo Supp.
                                                     1998, 260.390 and
                                                     260.395 RSMo 1994.
136--Removal of the           59 FR 43496-43500, 8/ 10 CSR 25-7.266(1),
 Conditional Exemption for     24/94.                7.268(1), and
 Certain Slag Residues.                              260.370 RSMo Supp.
                                                     1998, 260.390,
                                                     260.395 and 260.400
                                                     RSMo 1994.
137--Universal Treatment      59 FR 47982-48109, 9/ 10 CSR 25-3.260(1);
 Standards and Treatment       19/94; 60 FR 242-     3.260(2)(B);
 Standards for Organic         302, 1/3/95.          7.264(1); 7.265(1);
 Characteristic Wastes and                           7.266(1); 7.268(1),
 Newly Listed Waste.                                 and 260.370 RSMo
                                                     Supp. 1998,260.390,
                                                     260.395 and 260.400
                                                     RSMo 1994.
139--Testing and Monitoring   60 FR 3089-3095, 1/   10 CSR 25-3.260(1),
 Activities Amendment I.       13/95.                and 260.370 RSMo
                                                     Supp. 1998.
140--Carbamate Production     60 FR 7824-7859, 2/9/ 10 CSR 25-4.261(1),
 Identification and Listing    95; 60 FR 19165-      and 260.370 RSMo
 of Hazardous Waste.           19167, 4/17/95; 60    Supp. 1998.
                               FR 25619-25620, 5/
                               12/95.
141--Testing and Monitoring   60 FR 17001-17004, 4/ 10 CSR 25-3.260(1),
 Activities Amendment II.      4/95.                 and 260.370 RSMo
                                                     Supp. 1998.

[[Page 10408]]

 
144--Removal of Legally       60 FR 33912-33915, 6/ 10 CSR 25-4.261(1),
 Obsolete Rules.               29/95.                7.266(1), 7.270(1),
                                                     and 260.370 RSMo
                                                     Supp. 1998,
                                                     260.390, 260.395
                                                     and 260.400 RSMo
                                                     1994.
145--Liquids in Landfills     60 FR 35703-35706, 7/ 10 CSR 25-7.264(1),
 III.                          11/95.                7.265(1), and
                                                     260.370 RSMo Supp.
                                                     1998, 260.390,
                                                     260.395 and 260.400
                                                     RSMo 1994.
150--Recovered Oil            61 FR 13103-13106, 3/ 10 CSR 25-4.261(1),
 Exclusion, Correction.        26/96.                and 260.370 RSMo
                                                     Supp. 1998.
152--Imports and Exports of   61 FR 16290-16316, 4/ 10 CSR 25-4.261(1);
 Hazardous Waste:              12/96.                5.262(1);
 Implementation of OECD                              5.262(2)(E);
 Council Decision.                                   6.263(1); 7.264(1);
                                                     7.264(2)(B)1.;
                                                     7.265(1);
                                                     7.265(2)(B)1.;
                                                     7.266(1);
                                                     16.273(1);
                                                     16.273(2)(B)10.;
                                                     16.273(2)(C)14.,
                                                     and 260.370 RSMo
                                                     Supp.1998, 260.380,
                                                     260.385, 260.390
                                                     and 260.395 RSMo
                                                     1994.
153--Conditionally Exempt     61 FR 34252-34278, 7/ 10 CSR 25-4.261(1),
 Small Quantity Generator      1/96.                 4.261(2)(A)11.C,
 Disposal Options under                              and 260.370 RSMo
 Subtitle D.                                         Supp. 1998.
155--Land Disposal            62 FR 1992-1997, 1/   10 CSR 25-7.268(1),
 Restrictions Phase III--      14/97.                and 260.370 RSMo
 Emergency Extension of the                          Supp. 1998,
 K088 Capacity Variance.                             260.390, 260.395,
                                                     and 260.400 RSMo
                                                     1994.
158--Testing and Monitoring   62 FR 32452-32463, 6/ 10 CSR 25-3.260(1);
 Activities Amendment III.     13/97.                7.264(1); 7.265(1);
                                                     7.266(1), and
                                                     260.370 RSMo Supp.
                                                     1998, 260.390, and
                                                     260.395, and RSMo
                                                     1994.
159--Conformance with         62 FR 32974-32980, 6/ 10 CSR 25-4.261(1),
 Carbamate Vacatur.            17/97.                7.268(1), and
                                                     260.370 RSMo Supp.
                                                     1998, and 260.390,
                                                     260.395 and 260.400
                                                     RSMo 1994
------------------------------------------------------------------------
\1\ CSR refers to Missouri's Code of State Regulations, Hazardous Waste
  Management Law; RSMo refers to Revised Statues of Missouri.

H. Where Are the Revised State Rules Different From the Federal 
Rules?

    We consider the following state requirements to be more stringent 
than the Federal requirements and, therefore, Federally enforceable:
     Missouri's 10 CSR 25-7.264(2)(K)1.B. Each new surface 
impoundment shall be constructed with a double liner as required in 40 
CFR 264.221(c), incorporated in this rule in accordance with the 
additional requirements in subparagraphs (2)(K)1.C. and D. of the 
state's rule.
     Missouri's 10 CSR 25-7.264(2)(K)1.C. This state regulation 
imposes stricter standards with regard to what the lower component of 
the composite liner must consist of that is required by 40 CFR 
264.221(c) which is incorporated by reference.
     Missouri's 10 CSR 25-7.264(2)(K)1.D. This state regulation 
requires the leak detection system required by 40 CFR 264.221(c)(2) to 
cover the entire sides and bottom of the surface impoundment, whereas 
264.221(c)(2) requires the leak detection system to be installed 
between the liners, and immediately above the bottom composite liner in 
the case of multiple leachate collection and removal systems.
     Missouri's 10 CSR 25-7.264(2)(K)1.E., 7.264(2)(L)2.E., and 
7.264(2)(N)2.F. When liquids are detected in a leak detection system, 
Missouri regulations require an owner/operator to notify the department 
within 30 days of the event, and to continue to operate and maintain 
the leak detection system so that liquids are removed as they 
accumulate or with sufficient frequency to prevent backwater within the 
system, and to implement leachate monitoring requirements in accordance 
with 7.264(2)(K)1.F. for surface impoundments, 7.264(2)(L)2.F. for 
waste piles, or 7.264(2)(N)2.G. for landfills. The Federal regulations 
do not contain these requirements.
     Missouri's CSR 10-25.7.264(2)(K)1.F.(I), 
7.264(2)(L)2.F.(I), and 7.264(2)(N)2.G.(I). These state regulations 
require the owner operator who is required under 7.264 (2)(K)(1)E., 
7.264 (2)(L)2.E., or 7.264 (2)(N)2.F. to initiate leachate monitoring 
to remove any accumulated leachate in the leak detection system 
collection sumps at least weekly during active life and closure 
periods. Whereas, 40 CFR 264.221(c)(3), 264.251(c)(4), and 
264.301(c)(4) do not impose a time requirement and merely require the 
owner/operator to collect and remove pumpable liquids in the leak 
detection system sumps to minimize the head on the bottom liner.
     Missouri's 10 CSR 25-7.264(2)(K)1.F.(II), 7.264 
(2)(L)1.F.(II), and 7.264(2)(N)2.G.(II). These state regulations 
require owner/operator to analyze the leachate at least annually. The 
Federal regulations do not contain this requirement.
     Missouri's 10 CSR 25-7.264(2)(L)2.B. Each new waste pile 
shall be constructed with a double liner as required in 40 CFR 
264.251(c), incorporated in this rule, and in accordance with the 
additional requirements in subparagraphs (2)(L)2.C. and D. of the 
state's rule.
     Missouri's 10 CSR 25-7.264(2)(L)2.C. This state regulation 
imposes stricter standards with regard to what the lower component of 
the composite liner must consist of that is required by 40 CFR 
264.251(c), which is incorporated.
     Missouri's 10 CSR 25-7.264(2)(L)2.D. This state regulation 
requires the leak detection system required by 40 CFR 264.251(c)(3) to 
be capable of detecting leaks from the entire area of the waste pile, 
whereas 264.251(c)(3) requires the leak detection system to be capable 
of detecting leaks through all areas of the top liner likely to be 
exposed to waste or leachate during the active life and post-closure 
care period.
     Missouri's 10 CSR 25-7.264(2)(L)3.A. In addition to 
recording the amount of liquids removed from each leak detection system 
sump at least once per week during the active life and closure period, 
as required by 40 CFR 264.254(c), the owner/operator shall record the 
amount of liquids removed from each leachate collection/removal system 
sump at the same frequency.
     Missouri's 10 CSR 25-7.264(2)(N)2.B. Each new landfill 
shall

[[Page 10409]]

be constructed with a double liner as required in 40 CFR 264.301(c), 
incorporated in this rule, and in accordance with the additional 
requirements in subparagraphs (2)(N)2.C. of the state's rule.
     Missouri's 10 CSR 25-7.264(2)(N)2.C. This state regulation 
imposes stricter standards with regard to what the lower component of 
the composite liner must consist of that is required by 40 CFR 
264.301(c), which is incorporated.
     Missouri's 10 CSR 25-7.264(2)(N)2.E. This state regulation 
requires the leak detection system required by 40 CFR 264.301(c)(3) to 
be capable of detecting leaks from the entire sides and bottom of each 
cell, whereas 264.301(c)(3) requires the leak detection system to be 
capable of detecting leaks through all areas of the top liner likely to 
be exposed to waste or leachate during the active life and post-closure 
care period.
     Missouri's 10 CSR 25-7.264(2)(H)6. This state regulation 
modifies the requirements for letters of credit per 40 CFR 264.143(d), 
264.145(d), and 264.147(h) which are incorporated. The Missouri 
regulation provides that letters of credit shall be issued by a state-
or Federally-chartered and regulated bank or trust association. This 
state regulation also states that if the issuing institution is not 
located in Missouri, a bank or trust association located in Missouri 
shall confirm the letter of credit and the confirmation and the letter 
of credit shall be filed with the department.
     Missouri's 10 CSR 25-7.264(2)(H)7. An owner/operator of a 
facility that is a commercial facility may not satisfy financial 
assurance requirements for closure, post-closure, or liability 
coverage, or any combination of these, by the use of a financial test 
as specified in 40 CFR 264.143(f), 264.145(f), or 264.147(h), which are 
incorporated.
     Missouri's 10 CSR 25-7.264(2)(H)8. This state regulation 
modifies the requirements for closure insurance per 40 CFR 264.143(e), 
post-closure insurance per 264.145(e), liability coverage for sudden 
accidental occurrences per 264.147(a)(1), and liability coverage for 
non-sudden accidental occurrences per 264.147(b)(1), which are all 
incorporated. The state regulation provides that each insurance policy 
shall be issued by an insurer which, at a minimum, is licensed to 
transact the business of insurance or is eligible to provide insurance 
as an excess or surplus lines insurer in Missouri. In contrast, the 
Federal regulations require the insurer to be licensed or eligible to 
provide insurance as an excess or surplus lines insurer in one of more 
states.
     Missouri's 10 CSR 25-7.264(2)(H)9., 7.264(2)(H)10., and 
7.264(2)(H)11. Missouri incorporates the cited Federal regulations (40 
CFR 264.143(f), 264.145(f) and 264.147(g)) but deletes from them the 
phrase, ``or a firm with a `substantial business relationship,' with 
the owner or operator.'' Missouri does not recognize a ``substantial 
business relationship,'' and deletes it from the incorporation wherever 
it occurs in the three CFR provisions noted.
     Missouri's 10 CSR 25-7.265(2)(H)5. This state regulation 
modifies the requirements for letters of credit per 40 CFR 265.143(c), 
265.145(c), and 265.147(h), which are incorporated. The Missouri 
regulation provides that letters of credit shall be issued by a state-
or Federally-chartered and regulated bank or trust association. The 
state regulation also states that if the issuing institution is not 
located in Missouri, a bank or trust association located in Missouri 
shall confirm the letter of credit and the confirmation and the letter 
of credit shall be filed with the department.
     Missouri's 10 CSR 25-7.265(2)(H)6. An owner/operator of a 
facility that is a commercial TSDF may not satisfy financial assurance 
requirements for closure, post-closure, or liability coverage, or any 
combination of these, by the use of a financial test as specified in 40 
CFR 265.143(e), 265.145(e), or 265.147(f), which are incorporated.
     Missouri's 10 CSR 25-7.265(2)(H)7. This state regulation 
modifies the requirements for closure insurance per 40 CFR 265.143(d), 
post-closure insurance per 265.145(d), liability coverage for sudden 
accidental occurrences per 265.147(a)(1), and liability coverage for 
non-sudden accidental occurrences per 265.147(b)(1), which are all 
incorporated. The state regulation provides that each insurance policy 
shall be issued by an insurer which, at a minimum, is licensed to 
transact the business of insurance or is eligible to provide insurance 
as an excess or surplus lines insurer in Missouri. In contrast, the 
Federal regulations require the insurer to be licensed or eligible to 
provide insurance as an excess or surplus lines insurer in one or more 
states.
     Missouri's 10 CSR 7.265(2)(H)8., 7.265(2)(H)9., and 
7.265(2)(H)10. Missouri incorporates the cited Federal regulations (40 
CFR 265 265.143(e), 265.145(e), and 265.147(g)), but deletes from them 
the phrase, ``or a firm with a ``substantial business relationship,' 
with the owner or operator.'' Missouri does not recognize ``a 
substantial business relationship,'' and deletes it from the 
incorporation wherever it occurs in the three CFR provisions noted.
     Missouri's 10 CSR 3.260(2)(B). 40 CFR 260, Subpart C, 
Rulemaking Petitions, is not incorporated in this rule; 3.260(2)(B) 
provides that not more than 60 days after promulgation of the final 
federal determination, the department shall approve or disapprove all 
delistings granted under 40 CFR 260.20 or 260.22. If the department 
fails to take action within that 60-day time frame, the delistings 
shall be deemed approved.
     Missouri's 10 CSR 25-7.264(2)(B)1. In addition to the 
requirements in 40 CFR 264.12(a) incorporated in this rule, an owner/
operator shall submit a separate analysis for each hazardous waste that 
he/she intends to import.
     Missouri's 10 CSR 25-7.265(2)(B)1. In addition to the 
requirements in 40 CFR 265.12(a) incorporated in this rule, an owner/
operator shall submit a separate analysis for each hazardous waste that 
he/she intends to import.
     Missouri's 10 CSR 25-4.261(2)(A)11.C. Missouri regulations 
specify that a process, procedure, method, or technology is considered 
on-site treatment, for the purposes of 40 CFR 261.5(f)(3) and 
261.5(g)(3), as incorporated in this rule, only if the process, 
procedure, method or technology reduces the hazardous characteristics 
and/or the quantity of hazardous waste; and the process, procedure, 
method, or technology does not result in off-site emissions of any 
hazardous waste or constituent. These criteria provide a more specific 
definition of on-site treatment than the Federal analog and are, 
therefore, more stringent.
    The following state requirement goes beyond the scope of the 
Federal program:
     Missouri's 10 CSR 25-4.261(2)(A)(8). The state rule does 
not incorporate 40 CFR 261.4(a)(11), which excludes from the definition 
of solid waste non-wastewater splash condenser dross residue from the 
treatment of K061 in high temperature metals recovery units, provided 
it is shipped in drums (if shipped) and not land disposed before 
recovery. Because the state regulation provides fewer exceptions, it is 
broader in scope.
    Broader-in-scope requirements are not part of the authorized 
program and EPA can not enforce them. Although you must comply with 
these requirements in accordance with state law, they are not RCRA 
requirements.

[[Page 10410]]

I. Who Handles Permits After This Authorization Takes Effect?

    Missouri 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. 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 Missouri is not yet authorized.

J. What Is Codification and Is the EPA Codifying Missouri'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 CFR. We do this by referencing the authorized state 
rules in 40 CFR part 272. We reserve the amendment of 40 CFR part 272, 
subpart AA for this authorization of Missouri's program changes 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 Missouri 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 (RFA), as amended by 
the Small Business Regulatory Enforcement Fairness Act of 1996 
(SBREFA), 5 U.S.C. 601 et seq.

    The RFA generally requires an agency to prepare a regulatory 
flexibility analysis of any rule subject to notice and comment 
rulemaking requirements under the Administrative Procedure Act or any 
other statute unless the agency certifies that the rule will not have a 
significant economic impact on a substantial number of small entities. 
Small entities include small businesses, small organizations, and small 
governmental jurisdictions.
    For purposes of assessing the impacts of today's action on small 
entities, small entity is defined as: (1) a small business as specified 
in the Small Business Administration regulations; (2) a small 
governmental jurisdiction that is a government of a city, county, town, 
school district or special district with a population of less than 
50,000; and (3) a small organization that is any not-for-profit 
enterprise which is independently owned and operated and is not 
dominant in its field.
    After considering the economic impacts of this authorization on 
small entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. This action 
does not impose any new requirements on small entities because small 
entities that are hazardous waste generators, transporters, or that own 
and/or operate TSDFs are already subject to the regulatory requirements 
under the state laws which EPA is now authorizing. This action merely 
authorizes for the purpose of RCRA section 3006 those existing state 
requirements.

Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
SBREFA 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 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 13132 (Federalism)

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999), requires EPA to develop an accountable process to ensure 
``meaningful and timely input by state and local officials in the 
development of regulatory policies that have Federalism implications.'' 
``Policies that have Federalism implications'' is defined in the 
Executive Order to include regulations that have ``substantial direct

[[Page 10411]]

effects on the states, on the relationship between the national 
government and the states, or on the distribution of power and 
responsibilities among the various levels of government.''
    Under section 6 of Executive Order 13132, EPA may not issue a 
regulation that has Federalism implications, that imposes substantial 
direct compliance costs, and that is not required by statute, unless 
the Federal government provides the funds necessary to pay the direct 
compliance costs incurred by state and local governments, or EPA 
consults with state and local officials early in the process of 
developing the proposed regulation. EPA also may not issue a regulation 
that has Federalism implications and that preempts state law unless the 
agency consults with state and local officials early in the process of 
developing the proposed regulation.
    This authorization does not have Federalism implications. It will 
not have a substantial direct effect on states, on the relationship 
between the national government and the states, or on the distribution 
of power and responsibilities among the various levels of government, 
as specified in Executive Order 13132, because this rule affects only 
one state. This action simply approves Missouri's proposal to be 
authorized for updated requirements of the hazardous waste program that 
the state has voluntarily chosen to operate. Further, as a result of 
this action, newly authorized provisions of the state's program now 
apply in Missouri in lieu of the equivalent Federal program provisions 
implemented by EPA under HSWA. Affected parties are subject only to 
those authorized state program provisions, as opposed to being subject 
to both Federal and state regulatory requirements. Thus, the 
requirements of section 6 of the Executive Order do not apply.

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 Executive Order 13045 because it is not 
an economically significant rule as defined by Executive Order 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 affects the communities of Indian tribal 
governments. Missouri 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 No. 104-113, 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, Indian lands, Intergovernmental relations, Penalties, 
Reporting and recordkeeping requirements.

    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: February 16, 2000.
William Rice,
Acting Regional Administrator, Region 7.
[FR Doc. 00-4650 Filed 2-25-00; 8:45 am]
BILLING CODE 6560-50-P