[Federal Register Volume 66, Number 190 (Monday, October 1, 2001)]
[Rules and Regulations]
[Pages 49841-49844]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-24194]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-7068-1]


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 comments that oppose it. 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. If we get comments that oppose this action, we will publish a 
document in the Federal Register withdrawing this rule before it takes 
effect, and 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 November 30, 
2001 unless EPA receives adverse written comment by October 31, 2001. 
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 Lisa V. Haugen, U.S. EPA Region 7, 
ARTD/RESP, 901 North 5th Street, Kansas City, Kansas 66101. You can 
view and copy Missouri's application during normal business hours at 
the following addresses: Hazardous Waste Program, Missouri Department 
of Natural Resources, P.O. Box 176, Jefferson City, Missouri 65102-
0176, (573) 751-3176; and EPA Region 7

[[Page 49842]]

Library, 901 North 5th Street, Kansas City, Kansas 66101, (913) 551-
7877, Lisa Haugen.

FOR FURTHER INFORMATION CONTACT: Lisa V. Haugen, (913) 551-7877. U.S. 
EPA Region 7, ARTD/RESP, 901 North 5th Street, Kansas City, Kansas 
66101.

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 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 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 the Federal Register 
before the 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. For What Has Missouri Been Previously Authorized?

    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 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 of the HSWA 
Codification Rule 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). Missouri received 
authorization for further revisions to its program on February 28, 
2000, effective April 28, 2000 (65 FR 10405).

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

    On March 22, 2001, 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:

    Revisions to Missouri's regulations which specifically govern 
remediation waste management provisions for corrective action 
management units (CAMU) and temporary units (TU) at RCRA facilities, 
promulgated February 16, 1993 (58 FR 8658) (Federal Revision 
Checklist 121).
In addition, as a result of today's final authorization of Missouri for 
the February 16, 1993, CAMU rule, the State will be eligible for 
interim authorization-by-rule for the proposed amendments to the CAMU 
rule, which also proposed the interim authorization-by-rule process 
(see August 22, 2000, 65 FR 51080). Missouri will also become eligible 
for conditional authorization if

[[Page 49843]]

that alternative is chosen by EPA in the final CAMU amendments rule.

------------------------------------------------------------------------
     Description of federal        Federal Register     Analogous state
           requirement               date and page       authority \1\
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Corrective action management      58 FR 8658-8685, 2/ 10 CSR 25-
 units and temporary units-        16/93.              3.260(1);
 checklist 121.                                        7.264(1);
                                                       7.265(1);
                                                       7.268(1);
                                                       7.270(1) (as
                                                       amended effective
                                                       January 30,
                                                       1999); and
                                                       260.370.3(1).
                                                       260.395.7 through
                                                       260.395.19, and
                                                       260.390 RSMo
                                                       2000.
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H. Where Are the Revised State Rules Different From the Federal 
Rules?

    In this authorization of the State of Missouri's program revisions 
for Federal Revision Checklist 121, there are no provisions that are 
more stringent or broader in scope. Broader in scope requirements are 
not part of the authorized program and EPA cannot enforce them.

I. Who Handles Permits After the 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 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.

L. Administrative Requirements

    The Office of Management and Budget has exempted this action from 
the requirements of Executive Order 12866 (58 FR 51735, October 4, 
1993), and therefore this action is not subject to review by OMB. This 
action authorizes State requirements for the purpose of RCRA 3006 and 
imposes no additional requirements beyond those imposed by State law. 
Accordingly, I certify that this action will not have a significant 
economic impact on a substantial number of small entities under the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this action 
authorizes preexisting requirements under State law and does not impose 
any additional enforceable duty beyond that required by State law, it 
does not contain any unfunded mandate or significantly or uniquely 
affect small governments, as described in the Unfunded Mandates Reform 
Act of 1995 (Pub. L. 104-4). For the same reason, this action does not 
have Tribal implications within the meaning of Executive Order 13175 
(65 FR 67249, November 6, 2000). It does not have substantial direct 
effects on Tribal governments, on the relationship between the Federal 
Government and the Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes, as 
specified in Executive Order 13175. This action will not have 
substantial direct 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, as 
specified in Executive Order 13132 (64 FR 43255, August 10, 1999), 
because it merely authorizes State requirements as part of the State 
RCRA hazardous waste program without altering the relationship or the 
distribution of power and responsibilities established by RCRA. This 
action also is not subject to Executive Order 13045 (62 FR 19885, April 
23, 1997), because it is not economically significant and it does not 
make decisions based on environmental health or safety risks. This rule 
is not subject to Executive Order 13211, ``Actions Concerning 
Regulations That Significantly Affect Energy Supply, Distribution, or 
Use'' (66 FR 28355 (May 22, 2001)) because it is not a significant 
regulatory action under Executive Order 12866.
    Under RCRA 3006(b), EPA grants a State's application for 
authorization as long as the State meets the criteria required by RCRA. 
It would thus be inconsistent with applicable law for EPA, when it 
reviews a State authorization application, to require the use of any 
particular voluntary consensus standard in place of another standard 
that otherwise satisfies the requirements of RCRA. Thus, the 
requirements of section 12(d) of the National Technology Transfer and 
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required 
by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996), 
in issuing this rule, EPA has taken the necessary steps to eliminate 
drafting errors and ambiguity, minimize potential litigation, and 
provide a clear legal standard for affected conduct. EPA has complied 
with Executive Order 12630 (53 FR 8859, March 15, 1988) by examining 
the takings implications of the rule in accordance with the ``Attorney 
General's Supplemental Guidelines for the Evaluation of Risk and 
Avoidance of Unanticipated Takings'' issued under the Executive Order. 
This rule does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this document and 
other required information to the United States Senate, the United 
States House of Representatives, and the Comptroller General of the 
United States prior to publication in the Federal Register. A major 
rule cannot take effect until 60 days after it is published in the 
Federal Register. This action is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

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

[[Page 49844]]

7004(b) of the Solid Waste Disposal Act as amended 42 U.S.C. 
6912(a), 6926, 6974(b).

    Dated: September 13, 2001.
William W. Rice,
Acting Regional Administrator, Region 7.
[FR Doc. 01-24194 Filed 9-28-01; 8:45 am]
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