[Federal Register Volume 66, Number 227 (Monday, November 26, 2001)]
[Rules and Regulations]
[Pages 58964-58973]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-28852]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 272

[FRL-7092-1]


Utah: Final Authorization of State-Initiated Changes and 
Incorporation by Reference of State Hazardous Waste Management Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate final rule.

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SUMMARY: During a review of Utah's regulations, EPA identified a 
variety of State-initiated changes to Utah's hazardous waste program 
under the Resource Conservation and Recovery Act (RCRA). We have 
determined that these changes are minor and satisfy all requirements 
needed to qualify for Final authorization and are authorizing the 
State-initiated changes through this Immediate Final action. In 
addition, today's document corrects technical errors made in the tables 
published in the May 23, 1991 Federal Register (as amended August 6, 
1991), October 14, 1994, and January 13, 1999 authorization documents 
for Utah.
    EPA uses the Section of the Code of Federal Regulations (CFR) 
entitled Approved State Hazardous Waste Management Programs to 
incorporate by reference those provisions of the State regulations that 
are part of the authorized State program. This document incorporates 
the newly authorized State program into the regulations entitled 
Approved State Hazardous Waste Management Programs and clarifies which 
of these provisions we have authorized and will enforce under sections 
3008, 3013, and 7003 of RCRA.

DATES: This Final authorization for Utah and incorporation by reference 
of the Utah authorized hazardous waste program will become effective on 
January 25, 2002, unless EPA receives adverse written comment by 
December 26, 2001. The Director of the Federal Register approves the 
incorporation by reference of the Utah regulations contained in this 
rule as of January 25, 2002 in accordance with 5 U.S.C. 552(a) and 1 
CFR part 51.

ADDRESSES: Send written comments to Kris Shurr, 8P-HW, U.S. EPA, Region 
VIII, 999 18th St., Suite 300, Denver, Colorado 80202-2466, phone 
number: (303) 312-6139. You can view and copy the materials used by EPA 
to make this determination during normal business hours at the 
following locations: Utah Department of Environmental Quality, Division 
of Solid and Hazardous Waste, 288 North 1460 West, Salt Lake City, Utah 
84114-4880, phone (801) 538-6776 and EPA Region VIII, 999 18th St., 
Suite 300, Denver, Colorado 80202-2466, phone (303) 312-6139.

FOR FURTHER INFORMATION CONTACT: Kris Shurr, EPA Region VIII, 999 18th 
Street, Suite 300, Denver, Colorado 80202-2466, phone (303) 312-6139.

SUPPLEMENTARY INFORMATION:

I. Authorization of State-Initiated Changes

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 hazardous waste program. As the Federal program 
changes, the States must change their programs and ask EPA to authorize 
the changes. Changes to State hazardous waste programs may be necessary 
when Federal or State statutory or regulatory authority is modified or 
when certain other changes occur. Most commonly, States must change 
their programs because of changes to EPA's regulations in 40 CFR parts 
124, 260 through 266, 268, 270, 273 and 279. States can also initiate 
their own changes to their hazardous waste program and these changes 
must then be authorized.

B. What Authorization Decisions Have We Made in This Rule?

    We conclude that Utah's revisions to its authorized program meet 
all of the statutory and regulatory requirements established by RCRA. 
We found that the State-initiated changes make Utah's rules more clear 
or conform more closely to the Federal equivalents and are so minor in 
nature that a formal application is unnecessary. Therefore, we grant 
Utah Final authorization to operate its hazardous waste program with 
the changes described in the table at item I.G. of this document. Utah 
has responsibility for permitting Treatment, Storage, and Disposal 
Facilities (TSDFs) within its borders (except in Indian Country) and 
for carrying out all authorized aspects of the RCRA program, 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 Utah, 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 Utah will 
continue to be subject to the authorized State requirements instead of 
the equivalent Federal requirements in order to comply

[[Page 58965]]

with RCRA. Utah 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; and 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 regulations for which Utah 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. If EPA receives comments which 
oppose this authorization or portion(s) thereof, that document will 
serve as a proposal to authorize such changes.

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

    If EPA receives comments that oppose this authorization or the 
incorporation by reference of the State program, we will withdraw this 
authorization and/or incorporation by reference of the State program 
decision by publishing a timely document in the Federal Register before 
the rule becomes effective. We will base any further decision on the 
authorization of the State program changes, or the incorporation by 
reference, on the proposed rule mentioned in paragraph I.D. of this 
document. We will then address all public comments in a later Final 
rule. If you want to comment on this authorization and incorporation by 
reference, you must do so at this time. You may not have another 
opportunity to comment.
    If EPA receives comments that oppose only the authorization of a 
particular change to the State hazardous waste program or the 
incorporation by reference of the State program, we may withdraw only 
that part of this rule, but the authorization of the program changes or 
the incorporation by reference of the State program 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 or incorporation by reference of the State program will 
become effective and which part is being withdrawn.

F. What Has Utah Previously Been Authorized For?

    Utah initially received Final authorization for its RCRA hazardous 
waste base program on 10/10/84, effective 10/24/84 (49 FR 39683). Utah 
received authorization for revisions to its program on 2/21/89, 
effective 03/07/89 (54 FR 7417); on 5/23/91 and 8/6/91, effective 07/
22/91 (56 FR 23648 as corrected by 56 FR 37291); on 5/15/92, effective 
7/14/92 (57 FR 20770); on 2/12/93 and 5/5/93, effective 4/13/93 (58 FR 
8232 as corrected by 58 FR 26689); on 10/14/94 and 11/10/94, effective 
12/13/94 (59 FR 52084 as corrected by 59 FR 56114); on 5/20/97, 
effective 7/21/97 (62 FR 27501); on 1/13/99, effective 3/15/99 (64 FR 
2144), and on 10/16/00, effective 1/16/01 (65 FR 61109).

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

    Utah has made conforming changes to its regulations for internal 
consistency relative to the changes made for the authorizations listed 
in Section I.F. Utah has also changed its regulations to make them more 
consistent with the Federal requirements.
    We are granting Utah Final authorization to carry out the following 
provisions of the State's program in lieu of the Federal program. These 
provisions are analogous to the indicated RCRA statutory provisions or 
RCRA regulations found at 40 CFR as of July 1, 1995 unless otherwise 
noted. The Utah provisions are from the Utah Administrative Code (UAC) 
effective as indicated.

 
----------------------------------------------------------------------------------------------------------------
      State requirement                                       Federal requirement
----------------------------------------------------------------------------------------------------------------
Utah Administrative Code       40 CFR 261.1(c), 279.1
 (UAC) R315-1-1(c) & (g),
 effective February 15, 1996.
UAC R315-2-4(a)(6) & (7),      40 CFR 261.4(a)(6) & (7)
 effective February 15, 1996.
UAC R315-2-9(c)(3), effective  40 CFR 261.11(c)
 February 15, 1996.
UAC R315-2-9(f)(1)(viii),      40 CFR 261.23(a)(8)
 effective February 15, 1996.
UAC R315-2-11 (introductory    40 CFR 261.33 (introductory paragraph), (a) & (b)
 paragraph), (a),&(b),
 effective February 15, 1996.
UAC R315-2-11(d), effective    40 CFR 261.33(d)
 February 15, 1996.
UAC R315-2-15, effective       40 CFR 260.21
 February 15, 1996.
UAC R315-2-22, effective       40 CFR 260.40
 February 15, 1996.
UAC R315-2-23, effective       40 CFR 260.41
 February 15, 1996.
UAC R315-3-3(i)(3), effective  40 CFR 124.3(d)
 February 15, 1996.
UAC R315-3-3(n) (introductory  40 CFR 270.1(c)(2) (introductory paragraph) through (c)(2)(vii), except (ii)
 paragraph) through (n)(7)
 except (n)(2), effective
 February 15, 1996.
UAC R315-3-5(b)(13)-(17),      40 CFR 270.14(b)(13)-(17)
 effective February 15, 1996.
UAC R315-3-5(b)(21),           40 CFR 270.14(b)(21)
 effective February 15, 1996.
UAC R315-3-6.2, effective      40 CFR 270.16
 February 15, 1996.
UAC R315-3-6.4(b), effective   40 CFR 270.18(b)
 February 15, 1996.
UAC R315-3-6.6 except (i),     40 CFR 270.20 except (i)
 effective February 15, 1996.
UAC R315-3-6.8, effective      40 CFR 270.23
 February 15, 1996.
UAC R315-3-7(a)(4)(ii),        40 CFR 270.14(c)(4)(ii)
 effective February 15, 1996.
UAC R315-3-8(d), effective     40 CFR 270.11(d)
 February 15, 1996.
UAC R315-3-10(d), effective    40 CFR 270.30(d)
 February 15, 1996.
UAC R315-3-10(l)(6)(iii),      40 CFR 270.30(l)(6)(iii)
 effective February 15, 1996.
UAC R315-3-11(g), effective    40 CFR 270.51(d)
 February 15, 1996.

[[Page 58966]]

 
UAC R315-3-19(a), effective    40 CFR 270.61(a)
 February 15, 1996.
UAC R315-3-23(b)(1),           40 CFR 270.32(b)(1)
 effective February 15, 1996.
UAC R315-3-23(c) & (d),        40 CFR 270.32(d) & (e)
 effective February 15, 1996.
UAC R315-3-26(c)(2),           40 CFR 124.10(c)(2)
 effective February 15, 1996.
UAC R315-3-33(a)&(b),          40 CFR 270.70(a)&(b)
 effective February 15, 1996.
UAC R315-3-35, effective       RCRA Sec.  3010(a)
 February 15, 1996.
UAC R315-4-2(a), effective     40 CFR 262.20(a)
 February 15, 1996.
UAC R315-4-3(i) & (j),         40 CFR 263.21(a) & (b)
 effective February 15, 1996.
UAC R315-4-4(c), effective     40 CFR 264.72
 February 15, 1996.
UAC R315-5-5, effective        40 CFR 262.40
 February 15, 1996.
UAC R315-5-6(a)(1) & (2),      40 CFR 262.41(a)(1) & (2)
 effective February 15, 1996.
UAC R315-5-6(b), effective     40 CFR 262.41(b)
 February 15, 1996.
UAC R315-5-14, effective       40 CFR 262.60
 February 15, 1996.
UAC R315-7-8.1(c)(9),          40 CFR 265.1(c)(11)
 effective February 15, 1996.
UAC R315-7-10.3(c), effective  40 CFR 265.32(c)
 February 15, 1996.
UAC R315-7-11.3(e), effective  40 CFR 265.52(e)
 February 15, 1996.
UAC R315-7-12.4, effective     40 CFR 265.73
 February 15, 1996.
UAC R315-7-12.5(c), effective  40 CFR 265.74(c)
 February 15, 1996.
UAC R315-7-12.7, effective     40 CFR 265.76
 February 15, 1996.
UAC R315-7-12.8(c), effective  40 CFR 265.77(c)
 February 15, 1996.
UAC R315-7-13.1(a) & (d),      40 CFR 265.90(a) & (d)
 effective February 15, 1996.
UAC R315-7-13.1(e), effective  40 CFR 265.90(e)
 February 15, 1996.
UAC R315-7-13.3(b)(1),         40 CFR 265.92(b)(1)
 effective February 15, 1996.
UAC R315-7-13.4(a), effective  40 CFR 265.93(a)
 February 15, 1996.
UAC R315-7-13.5(a)(2)(i)-      40 CFR 265.94(a)(2)(i)- (a)(2)(iii) & (b)(2)
 (a)(2)(iii) & (b)(2),
 effective February 15, 1996.
UAC R315-7-16.7(b), effective  40 CFR 265.177(b)
 February 15, 1996.
UAC R315-7-18.4, effective     40 CFR 265.225
 February 15, 1996.
UAC R315-7-18.5(a), effective  40 CFR 265.226(a)
 February 15, 1996.
UAC R315-7-18.8, effective     40 CFR 265.230
 February 15, 1996.
UAC R315-7-19.5(1) & (2),      40 CFR 265.256(a)(1) & (2)
 effective February 15, 1996.
UAC R315-7-19.6(a)(1) & (2),   40 CFR 265.256(a)(1) & (2)
 effective February 15, 1996.
UAC R315-7-19.7, effective     40 CFR 265.257
 February 15, 1996.
UAC R315-7-20.3(c) (including  40 CFR 265.273(c)
 undesignated paragraph),
 effective February 15, 1996.
UAC R315-7-20.4(a), effective  40 CFR 265.276(a)
 February 15, 1996.
UAC R315-7-20.4(c)(2)(iv),     40 CFR 265.276(c)(2)(iv)
 effective February 15, 1996.
UAC R315-7-20.6, effective     40 CFR 265.279
 February 15, 1996.
UAC R315-7-20.7(a),(d),(e) &   40 CFR 265.280(a),(d),(e) & (f)
 (f), effective February 15,
 1996.
UAC R315-7-20.9, effective     40 CFR 265.282
 February 15, 1996.
UAC R315-7-21.3, effective     40 CFR 265.309
 February 15, 1996.
UAC R315-7-21.4(b)             40 CFR 265.310(b) (introductory paragraph)
 (introductory paragraph),
 effective February 15, 1996.
UAC R315-7-21.6, effective     40 CFR 265.313
 February 15, 1996.
UAC R315-7-22.1(b), effective  40 CFR 265.340(b)
 February 15, 1996.
UAC R315-7-22.3, effective     40 CFR 265.341
 February 15, 1996.
UAC R315-7-23.3, effective     40 CFR 265.375
 February 15, 1996.
UAC R315-7-24.1, effective     40 CFR 265.400
 February 15, 1996.
UAC R315-7-24.3, effective     40 CFR 265.402
 February 15, 1996.
UAC R315-7-24.7, effective     40 CFR 265.406
 February 15, 1996.
UAC R315-7-25, effective       40 CFR 265.430
 February 15, 1996.
UAC R315-7-26, effective       40 CFR 265.1030 through 265.1035
 February 15, 1996.
UAC R315-8-1(f), effective     40 CFR 264.1(h)
 February 15, 1996.
UAC R315-8-2.1(a) & (b),       40 CFR 264.10(a) & (b)
 effective February 15, 1996.
UAC R315-8-2.5, effective      40 CFR 264.14
 February 15, 1996.
UAC R315-8-2.7, effective      40 CFR 264.16
 February 15, 1996.
UAC R315-8-2.8, effective      40 CFR 264.17
 February 15, 1996.
UAC R315-8-3, effective        40 CFR 264.30 through 264.37
 February 15, 1996.
UAC R315-8-4, except 4.3(a),   40 CFR 264.50 through 264.56, except 264.52(a)&(b), 264.54(e), & 264.56(d)(2)
 4.5(e), and 4.7(d)(2),
 effective February 15, 1996.
UAC R315-8-4.3(a) and 8-       40 CFR 264.52(a) & (b) and 264.56(d)(2)
 4.7(d)(2), effective
 February 15, 1996.
UAC R315-8-5.1, effective      40 CFR 264.70
 February 15, 1996.
UAC R315-8-5.3, effective      40 CFR 264.73
 February 15, 1996.
UAC R315-8-5.4, effective      40 CFR 264.72
 February 15, 1996.
UAC R315-8-5.5, effective      40 CFR 264.74
 February 15, 1996.
UAC R315-8-5.6 (introductory   40 CFR 264.75 (introductory paragraph)
 paragraph), effective
 February 15, 1996.
UAC R315-8-5.6(f), effective   40 CFR 264.75(g)
 February 15, 1996.
UAC R315-8-5.7 (introductory   40 CFR 264.76 (introductory paragraph)
 paragraph), effective
 February 15, 1996.
UAC R315-8-6.1(b)-(d),         40 CFR 264.90(b)-(d)
 effective February 15, 1996.
UAC R315-8-6.4(a), effective   40 CFR 264.93(a)
 February 15, 1996.
UAC R315-8-9.8, effective      40 CFR 264.177
 February 15, 1996.
UAC R315-8-11.5, except        40 CFR 264.228, except (b)(2) through (b)(4)
 (b)(2) through (b)(4),
 effective February 15, 1996.
UAC R315-8-11.7, effective     40 CFR 264.230
 February 15, 1996.

[[Page 58967]]

 
UAC R315-8-12.6, effective     40 CFR 264.258
 February 15, 1996.
UAC R315-8-13.1 through 13.8,  40 CFR 264.270 through 264.280
 effective February 15, 1996.
UAC R315-8-13.10, effective    40 CFR 264.282
 February 15, 1996.
UAC R315-8-14.4, effective     40 CFR 264.309
 February 15, 1996.
UAC R315-8-14.5(b)             40 CFR 264.310(b) (introductory paragraph)
 (introductory paragraph),
 effective February 15, 1996.
UAC R315-8-15.1(b) & (c),      40 CFR 264.340(b) & (c)
 effective February 15, 1996.
UAC R315-8-15.3, effective     40 CFR 264.342
 February 15, 1996.
UAC R315-8-15.7, effective     40 CFR 264.347
 February 15, 1996.
UAC R315-8-16, effective       40 CFR 264.600 through 264.603
 February 15, 1996.
UAC R315-8-17, effective       40 CFR 264.1030 through 264.1036
 February 15, 1996.
UAC R315-14-5, effective       40 CFR 266.70
 February 15, 1996.
UAC R315-50-1, effective       40 CFR Part 262, Appendix
 February 15, 1996.
UAC R315-50-3, effective       40 CFR Part 265, Appendix III
 February 15, 1996.
UAC R315-50-4, effective       40 CFR Parts 264 and 265, Appendix IV
 February 15, 1996.
UAC R315-50-5, effective       40 CFR Parts 264 and 265, Appendix V
 February 15, 1996.
UAC R315-50-6, effective       40 CFR Part 261, Appendix I
 February 15, 1996.
----------------------------------------------------------------------------------------------------------------

    In addition to the above listed changes, EPA is authorizing changes 
to the following State provisions. These provisions do not have a 
direct analog in the Federal RCRA regulations; however, none are 
considered broader-in-scope than the Federal program. This is because 
these provisions were either previously authorized as part of Utah's 
base authorization or have been added to make the State's regulations 
internally consistent with changes made for the other authorizations 
listed in Section F of this document. We have reviewed these provisions 
and have determined that they are consistent with and no less stringent 
than the Federal requirements.

                            State Requirement
------------------------------------------------------------------------
 
-------------------------------------------------------------------------
Utah Code Annotated, Volume 3A, 1998 Replacement and 1999 Supplement: 19-
 6-102(9), 19-6-102(11), 19-6-102(14), 19-6-102.1, 19-6-103, 19-6-104(1)
 introductory paragraph, 19-6-105(1)(a), 19-6-106, 19-6-107, 19-6-112,
 19-6-113(1), 19-6-113(3)&(4), and 19-6-113(6).
Utah Code Annotated, Volume 6D, 1997 Replacement and 1999 Supplement: 63-
 2-403, and 63-2-404.
Utah Administrative Code (UAC) R315-1-1(a), effective February 20, 1998.
UAC R315-1-1(e), effective February 15, 1996.
UAC R315-1-2(b), effective February 15, 1996.
UAC R315-2-13(b), effective February 15, 1996.
UAC R315-2-14, effective February 15, 1996.
UAC R315-3-2, effective February 15, 1996.
UAC R315-3-7(a)(9), effective February 15, 1996.
UAC R315-4-1, effective February 15, 1996.
UAC R315-8-5.8(b), effective February 15, 1996.
UAC R315-9-1(b) (introductory paragraph) and (b)(1), effective February
 15, 1996.
UAC R315-9-3, effective February 15, 1996.
UAC R315-9-4, effective February 15, 1996.
UAC R315-15-1.3(d)&(e), effective May 15, 1996.
------------------------------------------------------------------------

    Since the base program, Utah has removed certain provisions from 
the base regulations that had no Federal analog and which clarified the 
State's program. These provisions have been reviewed and we have 
determined that it is appropriate for the State to remove them and that 
their removal has no impact on the equivalency or consistency with the 
Federal program. The provisions removed were section 2.1.10, section 
2.2, section 3.3.2(b)(3)(iii), section 3.3.2(b)(4)(iv), and the 
undesignated paragraph after section 7.20.2(d).

H. Who Handles Permits After the Authorization Takes Effect?

    This authorization does not affect the status of State permits and 
those permits issued by EPA because no new substantive requirements are 
a part of these revisions.

I. How Does Today's Action Affect Indian Country (18 U.S.C. 1151) in 
Utah?

    This program revision does not extend to ``Indian Country'' as 
defined in 18 U.S.C. 1151. Indian Country includes lands within the 
exterior boundaries of the following Indian reservations located within 
or abutting the State of Utah:
    1. Goshute Indian Reservation.
    2. Navajo Indian Reservation.
    3. Northwestern Band of Shoshoni Nation of Utah (Washakie) Indian 
Reservation.
    4. Paiute Indian Tribe of Utah Indian Reservation.
    5. Skull Valley Band of Goshute Indians of Utah Indian Reservation.
    6. Uintah and Ouray Indian Reservation (see below).
    7. Ute Mountain Indian Reservation.
    With respect to the Uintah & Ouray Indian Reservation, Federal 
courts have determined that certain lands within the exterior 
boundaries of the Reservation do not constitute Indian Country. This 
State program revision approval will extend to those lands which the 
courts have determined are not Indian Country.
    In excluding Indian Country from the scope of this program 
revision, EPA is not making a determination that the State either has 
adequate jurisdiction or lacks jurisdiction over sources in Indian 
Country. Should the State of Utah choose to seek program authorization

[[Page 58968]]

within Indian Country, it may do so without prejudice. Before EPA would 
approve the State's program for any portion of Indian Country, EPA 
would have to be satisfied that the State has authority, either 
pursuant to explicit Congressional authorization or applicable 
principles of Federal Indian law, to enforce its laws against existing 
and potential pollution sources within any geographical area for which 
it seeks program approval and that such approval would constitute sound 
administrative practice.

II. Corrections

A. Corrections to May 23, 1991 (56 FR 23648) as Amended August 6, 1991 
(56 FR 37291), Authorization Document

    There were omissions in the table published as part of the May 23, 
1991 (56 FR 23648), as amended August 6, 1991 (56 FR 37291), 
authorization notice for Utah. The affected entries for that table are 
shown in the table below. The corrections have been bolded and 
italicized.

------------------------------------------------------------------------
       Federal Register reference               State equivalent 1
------------------------------------------------------------------------
      *                  *                   *                   *
                  *                   *                   *
6. Generators of 100-1,000 kg hazardous  R450-1, R450-2-1.4, R450-2-
 waste, 51 FR 10146-10176, 3/24/86.       1.9(f), R450-4-2, R450-5-9,
                                          R450-5-11, R450-4-3, R450-3-
                                          3.2.
*                  *                  *                  *
                  *                  *                  *
11. Standards for hazardous waste        R450-1, R450-2-1, R450-5-9,
 storage and treatment tank systems, 51   R450-8-2.6, R450-8-5.3, R450-8-
 FR 25422-25486, 7/14/86 as amended on    7, R450-8-8, R450-8-10, R450-7-
 8/15/86, 51 FR 29430-29431.              9.4, R450-7-9.4, R450-7-9.6,
                                          R450-7-12.4, R450-7-14, R450-7-
                                          15, R450-7-17, R450-3-3.2,
                                          R450-3-20.
*                  *                  *                  *
                  *                  *                  *
------------------------------------------------------------------------

* * * * * * *

B. Corrections to October 14, 1994 (59 FR 52085) Authorization Document

    There were omissions in the table published as part of the October 
14, 1994 (59 FR 52085), as amended November 10, 1994 (59 FR 56114), 
authorization notice for Utah. The affected entries for that table are 
shown in the table below. The corrections have been bolded and 
italicized.

 
------------------------------------------------------------------------
          HSWA or FR reference                 State equivalent \1\
------------------------------------------------------------------------
      *                  *                   *                   *
                  *                   *                   *
12. Mining Waste Exclusion II, 55 FR     R315-1-1, R315-2-4, R315-4-
 2322, 1/23/90.                           2(m).
      *                  *                   *                   *
                  *                   *                   *
15. Toxicity Characteristic Revision,    R315-2-4, R315-2-8, R315-2-9,
 55 FR 11798, 3/29/90 and 55 FR 26986,    R315-2-10, R315-50-7, R315-8-
 6/29/90.                                 14, R315-7-16, R315-7-20.3(a),
                                          R315-50-12.
*                  *                  *                  *
                  *                  *                  *
------------------------------------------------------------------------

* * * * * * *

C. Corrections to January 13, 1999 (64 FR 2144) Authorization Document

    There were omissions in the table published as part of the January 
13, 1999 (64 FR 2144) authorization notice for Utah. The affected 
entries for that table are shown in the table below. The corrections 
have been bolded and italicized.

 
----------------------------------------------------------------------------------------------------------------
                                                                                                      Effective
                      Federal citation                                  State analog \1\               date \1\
----------------------------------------------------------------------------------------------------------------
        *                  *                   *                  *                  *                  *
                                                         *
Recycled Used Oil Management Standards (HSWA/Non-HSWA) [57   R315-1-1(b); R315-2-3(a)(2)(v); R315-2-    02/10/94
 FR 41566, 09/10/92] (Checklist 112).                         3(a)(2)(v)(A)&(B); R315-2-5; R315-2-
                                                              6; R315-14-4; R315-14-7; R315-15-1.1;
                                                              1.1(a)-(b)(2)(iii); R315-15-1.1(b)(3)-
                                                              1.1(i); R315-15-1.2(a); R315-15-1.2,
                                                              Table 1; R315-15-1.3(a)-(c)(2)(iii);
                                                              R315-15-2.1(a)-(b)(5); R315-15-
                                                              2.2(a)&(b); R315-15-2.3; R315-15-
                                                              2.3(a)-(d)(4); R315-15-2.4; R315-15-
                                                              2.4(a)-(c); R315-15-2.5; R315-15-
                                                              2.5(a)-(c)(3); R315-15-3.1(a)-(b)(2);
                                                              R315-15-3.3(a)&(b); R315-15-4.1(a)-
                                                              (d)(5); R315-15-4.2(a)-(b)(2)(vii);
                                                              R315-15-4.4(a)-(c)(5); R315-15-4.5(a)-
                                                              (d); R315-15-4.6; R315-15-4.6(a)-
                                                              (f)(4); R315-15-4.7(a)-(d); R315-15-
                                                              4.8; R315-15-5.1(a)-(b)(5); R315-15-
                                                              5.2(a)-(b)(2)(vi); R315-15-5.3(a)-
                                                              (b)(6)(ix)(G); R315-15-5.4(a)-(c)(2);
                                                              R315-15-5.5; R315-15-5.5(a)-
                                                              (h)(2)(ii); R315-15-5.6; R315-15-
                                                              5.6(a)-(b)(3); R315-15-5.7(a)-(c);
                                                              R315-15-5.8(a)-(b); R315-15-5.9; R315-
                                                              15-10; R315-15-6.1(a)-(c); R315-15-
                                                              6.2(a)-(b)(2); R315-15-6.3(a)-
                                                              (b)(2)(vi); R315-15-6.4(a)-(d); R315-
                                                              15-6.5; R315-15-6.5(a)-(g)(4); R315-
                                                              15-6.6(a)&(b); R315-15-6.7(a)&(b);
                                                              R315-15-6.8; R315-15-7.1(a)-(c)(4);
                                                              R315-15-7.2; R315-15-7.2(a)&(b); R315-
                                                              15-7.3(a)&(b); R315-15-7.4(a)-
                                                              (b)(2)(v); R315-15-7.5(a)-(c); R315-
                                                              15-7.6(a)&(b); R315-15-8.1; R315-15-
                                                              8.2(a)&(b); R315-15-8.3.
                                                             R315-15-1.4; R315-15-1.5, R315-15-1.6;      5/15/96
                                                              R315-15-1.7; R315-15-3.2(b)
                                                              introductory paragraph through
                                                              (b)(2); R315-15-4.3(a); R315-15-
                                                              4.3(b) introductory paragraph; R315-
                                                              15-4.3(b)(1); R315-15-4.3(b)(2)
                                                              through (b)(2)(vii); and R315-15-9.

[[Page 58969]]

 
                                                             R315-15-3.2(a)........................     10/16/97
*                  *                  *                  *                  *                  *
                                                        *
Universal Waste Rule (Non-HSWA) [60 FR 25492, 05/11/95]      R315-2-5; R315-2-6; R315-2-17; R315-2-     02/15/96
 (Checklist 142A-E).                                          17(b); R315-2-25 introductory
                                                              paragraph; R315-2-25(a)-(c); R315-2-
                                                              25(a)-(c); R315-3-3(n) (8); R315-3-
                                                              3(n)(8)(i)-(iii); R315-7-8.1(c)(12);
                                                              R315-7-8.1 (c)(12)(i)-(iii); R315-8-
                                                              1(e)(10) introductory paragraph; R315-
                                                              8-1(e)(10)(i)-(iii); R315-13-1; R315-
                                                              14-6; R315-16-1.1(a) introductory
                                                              paragraph through (a)(3); R315-16-
                                                              1.1(b); R315-16-1.2 through 1.5; R315-
                                                              16-1.7 (a)&(b); R315-16-1.7(d), (e)
                                                              and (f); R315-16-1.7(h), (i), (j) and
                                                              (k); R315-16-1.7(l) introductory
                                                              paragraph through (l)(3); R315-16-
                                                              1.7(m) through (o); R315-16-2.1
                                                              through 2.3; R315-16-2.4(a)-(c); R315-
                                                              16-2.5 introductory paragraph through
                                                              2.5(d); R315-16-2.6 through 2.11;
                                                              R315-16-3.1 through 3.3; R315-16-
                                                              3.4(a) through (c); R315-16-3.5
                                                              introductory paragraph through (d);
                                                              R315-16-3.6 through 3.11, except for
                                                              references to --lamp-- R315-16-4;
                                                              R315-16-5.1(a);  R315-16-5.1(b)
                                                              through R315-16-6(c), except for
                                                              references to --lamp-- R315-16-7.1
                                                              and 7.2.
        *                  *                   *                  *                  *                  *
                                                         *
----------------------------------------------------------------------------------------------------------------

* * * * *
    The 1/13/99 Federal Register article (64 FR 2147, column 1) also 
contains a list of items which are more stringent and broader-in-scope. 
Errors in the list are corrected as follows: (1) R315-15-6.5(g) is 
corrected to R315-15-6.5(e) in the list of more stringent provisions, 
(2) R315-16-1.1(a)(4) is removed from the list of more stringent 
provisions, (3) R315-15-7.1(d) is added to the list of broader-in-scope 
provisions and (4) R315-16-1.1(a) is removed from the list of broader-
in-scope provisions.

III. Incorporation by Reference

A. What Is Codification?

    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. EPA uses 40 CFR part 272 
for codification of the decision to authorize Utah's program and for 
incorporation by reference of those regulatory provisions that EPA will 
enforce under sections 3008, 3013, and 7003 of RCRA. This effort 
provides clearer notice to the public of the scope of the authorized 
programs. The incorporation by reference of State authorized programs 
in the CFR should substantially enhance the public's ability to discern 
the current status of the authorized State program and clarify the 
extent of Federal enforcement authority.

B. What Codification Decisions Have We Made in this Rule?

    The purpose of today's Federal Register document is to codify 
Utah's base hazardous waste management program and seven (7) revisions 
to that program. EPA is not incorporating by reference, at this time, 
any of the changes authorized on 10/16/00, effective 1/16/01 at 65 FR 
61109. This rule incorporates by reference provisions of State 
hazardous waste regulations and clarifies which of these provisions are 
included in the authorized and Federally enforceable program.
    EPA intends to add subpart TT to 40 CFR part 272 to incorporate by 
reference the Utah authorized hazardous waste program. The State 
regulations are incorporated by reference at 40 CFR 272.2251(b)(1) and 
the Memorandum of Agreement, the Attorney General's Statement and the 
Program Description are referenced at 40 CFR 272.2251(b)(5), (6), and 
(7), respectively.

C. What Is the Effect of Utah's Codification on Enforcement?

    The Agency retains the authority under sections 3007, 3008, 3013 
and 7003 of RCRA to undertake enforcement actions in authorized States, 
regardless of whether the State program is codified. With respect to 
such an enforcement action, the Agency relies on Federal sanctions, 
Federal inspection authorities, and the Federal Administrative 
Procedure Act rather than the authorized State analogs to these 
requirements. Therefore, the Agency does not intend to incorporate by 
reference, for purposes of enforcement, authorized Utah enforcement 
authorities. Section 272.2251(b)(2) of 40 CFR lists those procedural 
and enforcement authorities that are part of the authorized program but 
are not incorporated by reference.

D. What State Provisions Are Not Part of the Codification?

    The public needs to be aware that some provisions of a State's 
hazardous waste management program are not part of the Federally 
authorized State program. These unauthorized provisions include:
    (1) Provisions that are not part of the RCRA subtitle C program 
because they are ``broader-in-scope'' than RCRA subtitle C (see 40 CFR 
271.1(i));
    (2) Federal provisions which the State incorporated into its 
regulations when the State adopted Federal regulations by reference, 
but for which the State is not authorized;
    (3) Unauthorized amendments to authorized State provisions.
    State provisions that are ``broader-in-scope'' than the Federal 
program are not part of the RCRA authorized program and EPA will not 
enforce them. Therefore, they are not incorporated by reference in 40 
CFR part 272. For reference and clarity, Sec. 272.2251(b)(3) of 40 CFR 
lists the Utah statutory and regulatory provisions which are ``broader-
in-scope'' than the Federal program. Although EPA will not enforce 
these provisions, the State may enforce them under State law.
    Utah is not authorized for the following Federal rules: November 8, 
1988 (53 FR 45089, Revision Checklist 58); June 29, 1995 (60 FR 33912, 
Revision Checklist 144); April 8, 1996, April 30, 1996, June 28, 1996, 
July 10, 1996, August 26, 1996, February 19, 1997 (61 FR 15566, 61 FR 
15660, 61 FR 19117, 61 FR 33680, 61 FR 36419, 61 FR 43924, 62 FR 7502, 
Revision Checklist 151); December 6, 1994 (59 FR 62896, Revision 
Checklist 154); January 14, 1997 (62 FR 1992 Revision Checklist 155); 
May 12, 1997 (62 FR 25998, Revision Checklist 157); June 13, 1997 (62 
FR 32452, Revision Checklist 158); and June 17 , 1997 (62 FR 32974, 
Revision Checklist 159).
    In addition to Federal rules for which the State is not yet 
authorized, Utah's hazardous waste regulations include amendments which 
have not been authorized by EPA. Since EPA cannot enforce a State's 
requirements which

[[Page 58970]]

have not been reviewed and authorized in accordance with RCRA section 
3006 and 40 CFR part 271, it is important to clarify any limitations on 
the scope of a State's approved hazardous waste program. Thus, in those 
instances where a State has made unauthorized amendments to previously 
authorized sections of State code, EPA will provide clarification by 
identifying in Sec. 272.2251(b)(4) any requirements which, while 
adopted, are not authorized by EPA and therefore are not Federally 
enforceable. Thus, notwithstanding the language in the Utah hazardous 
waste regulations incorporated by reference at Sec. 272.2251(b)(1), EPA 
will only enforce the State provisions that are actually authorized by 
EPA. For the convenience of the regulated community, the actual State 
regulatory text authorized by EPA for the citations listed at 
Sec. 272.2251(b)(1) is compiled as a separate document, Addendum to the 
EPA-Approved Utah Regulatory Requirements Applicable to the Hazardous 
Waste Management Program, March 1999. This document is available from 
EPA Region VIII, 999 18th Street, Suite 300, Denver, Colorado 80202-
2466, phone (303) 312-6139. With respect to HSWA requirements for which 
the State has not yet been authorized, EPA will continue to enforce the 
Federal HSWA standards until the State receives specific HSWA 
authorization from EPA.
    In addition, EPA has authorized but is not incorporating by 
reference, at this time, any of the State hazardous waste program 
changes authorized on 10/16/00, effective 1/16/01 at 65 FR 61109. These 
changes were not part of Utah's authorized program at the time of EPA's 
review for this codification action and will be incorporated by 
reference at a later date.

E. What Will Be the Effect of Federal HSWA Requirements on the 
Codification?

    The Agency is not amending 40 CFR part 272 to include HSWA 
requirements and prohibitions that are implemented by EPA. Section 
3006(g) of RCRA provides that any HSWA requirement or prohibition 
(including implementing regulations) take effect in authorized and 
unauthorized States at the same time. A HSWA requirement or prohibition 
supersedes any less stringent or inconsistent State provision which may 
have been previously authorized by EPA (50 FR 28702, July 15, 1985). 
EPA has the authority to implement HSWA requirements in all States, 
including authorized States, until the States become authorized for 
such requirement or prohibition. Authorized States are required to 
revise their programs to adopt the HSWA requirements and prohibitions 
and then to seek authorization for those revisions pursuant to 40 CFR 
part 271.
    Instead of amending the 40 CFR part 272 every time a new HSWA 
provision takes effect under the authority of RCRA section 3006(g), EPA 
will wait until the State receives authorization for its analog to the 
new HSWA provision before amending the State's 40 CFR part 272 
incorporation by reference. Until then, persons wanting to know whether 
a HSWA requirement or prohibition is in effect should refer to 40 CFR 
271.1(j), as amended, which lists each such provision.
    Some existing State requirements may be similar to the HSWA 
requirement implemented by EPA. However, until EPA authorizes those 
State requirements, EPA can only enforce the HSWA requirements and not 
the State analogs. EPA will not codify those State requirements until 
the State receives authorization for those requirements.

IV. Administrative Requirements

    The Office of Management and Budget (OMB) 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. Authorization and codification will not impose new burdens on 
small entities. 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 
implementing this action would authorize pre-existing requirements 
under State law and would 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 (Public Law 104-
4). For the same reason, this action also 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 Federal 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

[[Page 58971]]

and to the Comptroller General of the United States. EPA will submit a 
report containing this document 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 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). This action will be effective January 
25, 2002.

List of Subjects in 40 CFR Part 272

    Environmental protection, Hazardous materials transportation, 
Hazardous waste, Incorporation by reference, , Intergovernmental 
relations, 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: October 18, 2001.
Patricia D. Hull,
Acting Regional Administrator, Region VIII.
    For the reasons set forth in the preamble, 40 CFR part 272 is 
amended as follows:

PART 272--APPROVED STATE HAZARDOUS WASTE MANAGEMENT PROGRAMS

    1. The authority citation for part 272 continues to read as 
follows:

    Authority: Sections 2002(a), 3006, and 7004(b) of the Solid 
Waste Disposal Act, as amended by the Resource Conservation and 
Recovery Act, as amended, 42 U.S.C. 6912(a), 6926, and 6974(b).


    2. Subpart TT is amended by adding Sec. 272.2251 to read as 
follows:


Sec. 272.2251  Utah State-Administered program: Final authorization.

    (a) Pursuant to section 3006(b) of RCRA, 42 U.S.C. 6926(b), Utah 
has Final authorization for the following elements as submitted to EPA 
in Utah's base program application for Final authorization which was 
approved by EPA effective on October 24, 1984. Subsequent program 
revision applications were approved effective on March 7, 1989; July 
22, 1991; July 14, 1992; April 13, 1993; December 13, 1994; July 21, 
1997; and March 15, 1999.
    (b) State statutes and regulations. (1) The Utah regulations cited 
in this paragraph are incorporated by reference as part of the 
hazardous waste management program under subtitle C of RCRA, 42 U.S.C. 
6921 et seq. This incorporation by reference was approved by the 
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 
1 CFR Part 51. Copies of the Utah regulations that are incorporated by 
reference in this paragraph are available from the Utah Department of 
Environmental Quality, 288 North 1460 West, Salt Lake City, Utah 84114-
4880, Phone (801) 538-6776.
    (i) The EPA Approved Utah Regulatory Requirements Applicable to the 
Hazardous Waste Management Program, dated March 1999.
    (ii) [Reserved]
    (2) The following statutes and regulations concerning State 
procedures and enforcement, although not incorporated by reference, are 
part of the authorized State program:
    (i) Utah Code Annotated, Volume 3A, 1998 Replacement and 1999 
Supplement, Title 19: Sections 19-1-306(2), 19-1-306(3), 19-6-102 
introductory paragraph, 19-6-102(1) & (2), 19-6-102(6)-(9), 19-6-
102(11), 19-6-102(13)-(21), 19-6-102.1, 19-6-103, 19-6-104(1) except 
(1)(j), 19-6-105(1) introductory paragraph, 19-6-105(1)(a)-(f), 19-6-
105(1)(i) & (j), 19-6-105(2), 19-6-106, 19-6-107, 19-6-109, 19-6-111, 
19-6-112, 19-6-113(1) through (4), 19-6-113(6), 19-6-114, 19-6-115, and 
19-6-116.
    (ii) Utah Code Annotated, Volume 6D, 1997 Replacement and 1999 
Supplement, Title 63: Sections 63-2-103 through 63-2-105, 63-2-201 
through 63-2-203 (except 63-2-203(10)), 63-2-204, 63-2-205, 63-2-301 
through 63-2-308, 63-2-401 through 63-2-405, and 63-2-802.
    (iii) Utah Code Annotated, Volume 3, 1953 as amended 1987, Title 
26, Chapter 14: Section 26-14-8.
    (iv) Utah Administrative Code revised as of January 3, 1989: R450-
3.1.1(b) & (c) and R450-3-2.4(b).
    (v) Utah Administrative Code revised as of February 15, 1996: 
Sections R315-2-14, R315-3-3(i)(1)&(3), R315-3-11(a), (b) & (f), R315-
3-16(b), R315-3-23(b)(1) & (2), R315-3-23(c) & (d), R315-3-24(a) 
through R315-3-29, and R315-3-34.
    (vi) Utah Administrative Code revised as of May 15, 1996: Section 
R315-15-1.1(j) & (k).
    (3) The following statutory and regulatory provisions are broader-
in-scope than the Federal program, are not part of the authorized 
program, and are not incorporated by reference:
    (i) Utah Code Annotated, Volume 3A, 1998 Replacement and 1999 
Supplement, Title 19: Sections 19-6-105(3), 19-6-113(5), 19-6-118, 19-
6-120, and 19-6-121.
    (ii) Utah Administrative Code revised as of February 15, 1996. EPA 
considers Utah's listing of all P999 and some F999 wastes 
(specifically: nerve, military, and chemical agents) as more stringent 
than the Federal rule. To the extent that unused chemical agents, as 
produced, exhibit a hazardous waste reactivity characteristic, they are 
considered hazardous waste and, thus, are regulated under Federal rule. 
Utah's listing of these wastes enhances the degree of regulatory 
control regarding these wastes. EPA also considers Utah's rule as 
broader-in-scope than the federal rule for those F999 process wastes 
which do not exhibit a characteristic for hazardous waste and would not 
be regulated under Federal rule. R315-2-10(e)(1), 315-2-11(e) 
introductory paragraph and R315-2-11(e)(1) are broader-in-scope 
regarding these wastes.
    (iii) Utah Administrative Code, as of May 15, 1996: R315-15-7.1(d), 
R315-15-10, R315-15-11 with respect to used oil transfer and off-
specification used oil burning facilities, and R315-15-12 through R315-
15-15 except R315-15-13.5(d).
    (4) Unauthorized State provisions: (i) Although the Federal rules 
listed in the following table have been adopted by the State and have 
been included in the materials incorporated by reference in paragraph 
(b)(1) of this Section, EPA has not authorized the State for these 
rules at this time. While they may be enforceable under State law, they 
are not enforceable under RCRA:

------------------------------------------------------------------------
                                                             Publication
     Federal requirement        Federal Register reference       date
------------------------------------------------------------------------
Standards for Generators of    53 FR 45089                       11/8/88
 Hazardous Waste; Manifest
 Renewal (Revision Checklist
 58).
Removal of Legally Obsolete    60 FR 33912                       6/29/95
 Rules (Non-HSWA provisions)
 (Revision Checklist 144).
Testing and Monitoring         62 FR 32452                       6/13/97
 Activities Amendment III
 (Revision Checklist 158).
------------------------------------------------------------------------

    (ii) Additionally Utah has adopted but is not authorized to 
implement the HSWA rules that are listed below in lieu of EPA. EPA will 
continue to implement the Federal HSWA requirements for which Utah is 
not authorized until the State receives specific authorization for 
those requirements.

[[Page 58972]]



------------------------------------------------------------------------
                                                             Publication
     Federal requirement        Federal Register reference       date
------------------------------------------------------------------------
Removal of Legally Obsolete    60 FR 33912                       6/29/95
 Rules (HSWA provisions)
 (Revision Checklist 144).
Land Disposal Restrictions     61 FR 15566;                      4/8/96;
 Phase III--Decharacterized    61 FR 15660;                      4/8/96;
 Wastewaters, Carbamate
 Wastes, and Spent Potliners
 (Revision Checklist 151).
                               61 FR 19117;                     4/30/96;
                               61 FR 33680;                     6/28/96;
                               61 FR 36419;                     7/10/96;
                               61 FR 43924;                     8/26/96;
                               62 FR 7502                        2/19/97
Organic Air Emission           59 FR 62896                       12/6/94
 Standards for Tanks, Surface
 Impoundments, and
 Containers--formerly
 Revision Checklist 138 (Rule
 154.1).
Land Disposal Restrictions     62 FR 1992                        1/14/97
 Phase III--Emergency
 Extension of the K088
 Capacity Variance (Revision
 Checklist 155).
Land Disposal Restrictions--   62 FR 25998                       5/12/97
 Phase IV (Revision Checklist
 157).
Carbamate Production,          62 FR 32974                       6/17/97
 Identification and Listing
 of Hazardous Waste; Land
 Disposal Restrictions
 (Conformance With the
 Carbamate Vacatur) (Revision
 Checklist 159).
------------------------------------------------------------------------

    (5) Unauthorized State amendments. The following authorized 
provisions of the Utah regulations include amendments published in the 
Utah State Bulletin that are not approved by EPA. Such unauthorized 
amendments are not part of the State's authorized program and are, 
therefore, not Federally enforceable. Thus, notwithstanding the 
language in the Utah hazardous waste regulations incorporated by 
reference at Sec. 272.2251(b)(1), EPA will only enforce the authorized 
State provisions with the effective dates indicated in the table below. 
The actual State regulatory text authorized by EPA for the listed 
provisions is available as a separate document, Addendum to the EPA-
Approved Utah Regulatory Requirements Applicable to the Hazardous Waste 
Management Program, March 1999. Copies of the document can be obtained 
from U.S. EPA Region VIII, 999 18th St., Suite 500, Denver, Colorado 
80202-2466, phone (303) 312-6139.

----------------------------------------------------------------------------------------------------------------
                                                                             Unauthorized State amendments
                                                                     -------------------------------------------
           State provision                    State reference                                         Effective
                                                                             State reference             date
----------------------------------------------------------------------------------------------------------------
R315-2-1(b)(2)(ii)...................  9/24/86......................  DAR 12647....................      5/29/92
R315-7-11.3(b).......................  1/3/89.......................  DAR 12652....................      5/29/92
R315-7-12.6(g).......................  Base.........................  DAR 09632....................       1/3/89
----------------------------------------------------------------------------------------------------------------

    At R315-3-23(f)(3)(iv), Utah's analog to 40 CFR 270.33(b)(3)(iv), 
the State has a printing error in its regulations. The State will fix 
this error in its next rule making. For the codification, the 
authorized version of the provision will also be included in the 
Addendum to the EPA-Approved Utah Regulatory Requirements Applicable to 
the Hazardous Waste Management Program, March 1999.
    (6) Memorandum of Agreement. The Memorandum of Agreement between 
EPA Region VIII and the Utah Department of Environmental Quality, 
signed by the EPA Regional Administrator on October 4, 1994, is 
referenced as part of the authorized hazardous waste management program 
under subtitle C of RCRA, 42 U.S.C. 6921 et seq.
    (7) Statement of legal authority. ``Attorney General's Statement 
for Final Authorization'', signed by the Attorney General of Utah on 
January 16, 1984, and revisions, supplements and addenda to that 
Statement dated October 29, 1986, March 6, 1991, September 17, 1991, 
September 223, 1992, November 19, 1993, March 16, 1994, March 20, 1995, 
November 13, 1997, and March 2, 1999, are referenced as part of the 
authorized hazardous waste management program under subtitle C of RCRA, 
42 U.S.C. 6921 et seq.
    (8) Program description. The Program description and any other 
materials submitted as part of the original application or as 
supplements thereto are referenced as part of the authorized hazardous 
waste management program under subtitle C of RCRA, 42 U.S.C. 6921 et 
seq.

    3. Appendix A to Part 272--State Requirements, is amended by adding 
in alphabetical order, ``Utah'' and its listing to read as follows:

Appendix A to Part 272--State Requirements

* * * * *

Utah

    The regulatory provisions include:
    Utah Administrative Code effective February 15, 1996: Sections 
R315-1 except R315-1-1(a), R315-1-1(f)&(h) and R315-1-2(a); R315-2 
except R315-2-3(d)(2), R315-2-5, R315-2-6, R315-2-10(e)&(f), R315-2-
11(e)&(f), R315-2-17, and R315-2-25(d); R315-3 except R315-3-
1(b)&(c), R315-3-3(b)(3), R315-3-3(i)(1)-(3), R315-3-3(n)(8)(iv), 
R315-3-11(a)&(b), R315-3-11(f), R315-3-13(a)(4),R 315-3-16(b), R315-
3-23(b)(1)&(2), R315-3-23(c)&(d), R315-3-24 through R315-3-29, R315-
3-34 and R315-3-36; R315-4 through R315-7, except R315-7-
8.1(c)(12)(iv), R315-7-18.9(d)(2)(i)(A) phrase ``given the specific 
site conditions and the nature and extent of contamination''; R315-8 
except R315-8-1(e)(10)(iv), R315-8-6.1(a)(3), R315-8-6.12(b), R315-
8-11.2(e) phrase ``given the specific site conditions and the nature 
and extent of contamination'', R315-8-14.10(b); R315-9; R315-14 
except R315-14-3, R315-14-4, and R315-14-7; R315-16 except R315-16-
1.1(a)(4), R315-16-1.6, R 315-16-1.7(c), R315-16-1.7(g), R315-16-
1.7(l)(4), R315-16-2.4(d), R315-16-2.5(e), R315-16-2.12, R315-16-
3.4(d), R351-16-3.5(e), R315-16-3.6(c)(2) word ``lamp'', R315-16-
3.10(a)(2) word ``lamp'', R315-16-3.10(b)(2) word ``lamp'', R315-16-
3.12, R315-16-5.1(a); R315-50 except R315-50-9, R315-50-10, R315-50-
12, and R315-50-13.
    Utah Administrative Code revised as of May 15, 1996: Section 
R315-15, except R315-15-1.1(j)&(k), R315-15-1.3(b), R315-15-
2.1(a)(1)&(4), R315-15-2.3(c)(1), R315-15.2.3(d), R315-15-2.4(a), 
R315-15-2.4(d)&(e), R315-15-3.1(b), R315-15-3.2(a), R315-15-4.6(f), 
R315-15-5.1(c), R315-15-5.5(e), R315-15-6.5(e), R315-15-7.1(d), 
R315-15-8.3, R315-15-9, R315-15-10, R315-15-11 with respect to used 
oil transfer

[[Page 58973]]

and off-specification used oil burning facilities, R315-15-12, R315-
15-13.5(a)-(c) &(e), R315-15-14, and R315-15-15.
    Utah Administrative Code revised as of October 16, 1997: R315-2-
3(d)(2), R315-2-10(e), R315-8-6.12(b), R315-8-14.10(b), R315-15-
1.3(b), R315-15-2.1(a)(1)&(4), R315-15-2.3(c)(1), R315-15.2.3(d), 
R315-15-2.4(a), R315-15-2.4(d)&(e), R315-15-3.1(b), R315-15-3.2(a), 
R315-15-4.6(f), R315-15-5.5(e), R315-15-6.5(e), R315-15-8.3, and 
R315-15-9.
    Utah Administrative Code revised as of February 20, 1998: R315-
1-1(a), R315-1-2(a), R315-2-5, R315-2-6, R315-2-10(f), R315-2-11(e), 
R315-2-11(f), R315-2-17, R315-3-3(b)(3), R315-13-1, R315-14-7, R315-
16-5.1(a), R315-50-9, R315-50-10, and R315-50-12.
    Copies of the Utah regulations that are incorporated by 
reference are available from the Utah Department of Environmental 
Quality, 288 North 1460 West, Salt Lake City, Utah 84114-4880, Phone 
(801) 538-6776.
* * * * *
[FR Doc. 01-28852 Filed 11-23-01; 8:45 am]
BILLING CODE 6560-50-P