[Federal Register Volume 68, Number 69 (Thursday, April 10, 2003)]
[Rules and Regulations]
[Pages 17556-17558]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-8833]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-7480-6]


Utah: Final Authorization of State Hazardous Waste Management 
Program Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate final rule.

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SUMMARY: Utah 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. We 
are publishing this rule to authorize the changes without a prior 
proposal because we believe this action is not controversial. Unless we 
receive written comments which oppose this authorization during the 
comment period, the decision to authorize Utah's changes to their 
hazardous waste program will take effect. If we receive 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 June 9, 2003 
unless EPA receives adverse written comment by May 12, 2003. 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: Copies of the Utah program revision applications and the 
materials which EPA used in evaluating the revisions are available for 
inspection and copying at the following locations: EPA Region VIII, 
from 7 a.m. to 4 p.m., 999 18th Street, Suite 300, Denver, Colorado 
80202-2466, contact: Kris Shurr, phone number: (303) 312-6139 or Utah 
Department of Environmental Quality (UDEQ), from 8 a.m. to 5 p.m., 288 
North 1460 West, Salt Lake City, Utah 84114-4880, contact: Susan 
Toronto, phone number: (801) 538-6776. Send written comments to Kris 
Shurr, 8P-HW, U.S. EPA, Region VIII, 999 18th Street, Suite 300, 
Denver, Colorado 80202-2466, phone number: (303) 312-6139 or 
electronically to [email protected].

FOR FURTHER INFORMATION CONTACT: Kris Shurr, 8P-HW, U.S. EPA, Region 
VIII, 999 18th Street, Suite 300, Denver, Colorado 80202-2466, phone 
number: (303) 312-6139 or [email protected].

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 Utah's application to revise its authorized 
program meets all of the statutory and regulatory requirements 
established by RCRA. Therefore, we grant Utah Final authorization to 
operate its hazardous waste program with the changes described in the 
authorization application. Utah has responsibility for permitting 
Treatment, Storage, and Disposal Facilities (TSDFs) within its borders, 
except in Indian Country, and for carrying out the aspects of the RCRA 
program described in its revised program 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 Utah, including issuing permits, until Utah is 
authorized to do so.

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

    This decision means that a facility in Utah 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. 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:
    [sbull] Conduct inspections; require monitoring, tests, analyses, 
or reports;
    [sbull] enforce RCRA requirements; suspend or revoke permits; and,
    [sbull] take enforcement actions regardless of whether Utah 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. We are providing an opportunity for 
the public to 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, therefore, 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 Utah 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

[[Page 17557]]

will become effective and which part is being withdrawn.

F. What Has Utah Previously Been Authorized for?

    Utah initially received Final Authorization on October 10, 1984, 
effective October 24, 1984 (49 FR 39683) to implement its base 
hazardous waste management program. Utah received authorization for 
revisions to its program on February 21, 1989 (54 FR 7417), effective 
March 7, 1989; May 23, 1991 (56 FR 23648) and August 6, 1991 (56 FR 
37291), both effective July 22, 1991; May 15, 1992 (57 FR 20770), 
effective July 14, 1992; February 12, 1993 (58 FR 8232) and May 5, 1993 
(58 FR 26689), both effective April 13, 1993; October 14, 1994 (59 FR 
52084), effective December 13, 1994; May 20, 1997 (62 FR 27501), 
effective July 21, 1997; January 13, 1999 (64 FR 02144), effective 
March 15, 1999; October 16, 2000 (65 FR 61109), effective January 16, 
2001, and May 7, 2002 (67 FR 30599), effective July 7, 2002.

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

    On February 12, 2003, Utah submitted a final complete program 
revision application, seeking authorization of their 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 
Utah's hazardous waste program revision satisfies all of the 
requirements necessary to qualify for Final authorization. Therefore, 
we grant Utah Final authorization for the following program changes 
(the Federal Citation followed by the analog from the Utah 
Administrative Code (R315), revised August 15, 2002): Emergency 
Revision of the Land Disposal Restrictions (LDR) Treatment Standards 
for Listed Hazardous Wastes from Carbamate Production [63 FR 47409, 09/
04/98](Checklist 171)/R315-13-1(Utah rules for checklist revised 09/20/
2001); HWIR Media [63 FR 65874, 11/30/98](Checklist 175)/R315-1-1(b), 
R315-2-4(g) through R315-2-4(g)(2)(iii), R315-8-1(g) through R315-8-
1(g)(13), R315-8-5.3, and R315-8-6.12(d); Land Disposal Restrictions 
Phase IV--Technical Corrections and Clarifications to Treatment 
Standards [64 FR 25408, 05/11/99](Checklist 179)/R315-2-2(c), R315-2-
2(c)(3), R315-2-2(e)(1)(iii), R315-2-4(a)(16), R315-2-4(a)(17) and 
R315-2-4(a)(17)(v), R315-2-4(b)(7)(iii) and R315-2-4(b)(7)(iii)(A), 
R315-5-3.34, and R315-13-1; Test Procedures for the Analysis of Oil and 
Grease and Non-Polar Material [64 FR 26315, 05/14/99](Checklist 180)/
R315-1-2(a); Universal Waste Rule: Specific Provisions for Hazardous 
Waste Lamps [64 FR 36466, 07/06/99](Checklist 181)/R315-1-1(b), R315-2-
25(b)-(d), R315-8-1(e)(10)(ii)-(iv), R315-7-8.1(c)(11)(ii)-(iv), R315-
13-1, R315-3-1(e)(2)(viii)(B)-(D), R315-16-1.1(a)(2)-(4), R315-16-
1.2(a)(1), R315-16-1.2(b)(2) & (3), R315-16-1.3(a), R315-16-1.4(a), 
R315-16-1.5(a), R315-16-1.5(b) through R315-16-1.5(b)(2), R315-16-
1.5(c) through R315-16-1.5(c)(2), R315-16-1.8(a) through R315-16-
1.8(a)(2), R315-16-1.8(b), R315-16-1.9(e), R315-16-1.9(f), R315-16-
1.9(i), R315-16-1.9(k), R315-16-2.1, R315-16-2.4(d) through R315-16-
2.4(d)(2), R315-16-2.5(e), R315-16-3.1, R315-16-3.3(b)(4) & (5), R315-
16-3.4(d) through R315-16-3.4(d)(2), R315-16-3.5(e), R315-16-4.1, R315-
16-5.1(a), and R315-16-7.1(a); Hazardous Air Pollutant Standards for 
Combustors [64 FR 52828, 09/30/99](Checklist 182)/R315-1-1(b), R315-2-
26, R315-8-15.1(b) through R315-8-15.1(b)(2), R315-8-15.1(c)-(e), R315-
8-16, R315-7-22.1(b) through R315-7-22.1(b)(2), R315-7-22.1(c); R315-
14-7, R315-50-16, R315-3-2.10, R315-3-2.10(e), R315-3-2.13, R315-3-4.3, 
R315-3-6.3, and R315-3-6.6; Land Disposal Restrictions Phase IV--
Technical Corrections [64 FR 56469, 10/20/99](Checklist 183)/R315-2-
10(f), R315-5-3.34(a), and R315-13-1; Accumulation Time for Waste Water 
Treatment Sludges [65 FR 12378, 03/08/2000](Checklist 184)/R315-5-
3.34(a); Organobromine Production Wastes Vacatur [65 FR 14472, 03/17/
2000](Checklist 185)/R315-2-10(f), R315-2-11(f), R315-50-9, R315-50-10, 
and R315-13-1; Petroleum Refining Process Wastes--Clarification [65 FR 
36365, 06/08/2000](Checklist 187)/R315-2-10(e) and R315-13-1.

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

    Utah did not make any changes that are more stringent or broader-
in-scope than the Federal rules in this rulemaking. Utah did not change 
any previously more stringent or broader-in-scope provisions to be 
equivalent to the Federal rules.

I. Who Handles Permits After the Authorization Takes Effect?

    Utah 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 were issued prior to the effective date of this authorization 
until Utah has equivalent instruments in place. We will not issue any 
new permits or new portions of permits for the provisions listed in 
Item G after the effective date of this authorization. EPA previously 
suspended issuance of permits for other provisions on the effective 
date of Utah's Final Authorization for the RCRA base program and each 
of the revisions listed in Item F. EPA will continue to implement and 
issue permits for HSWA requirements for which Utah is not yet 
authorized.

J. 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 and 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 Utah either has 
adequate jurisdiction or lacks jurisdiction over sources in Indian 
Country. Should the Utah choose to seek program authorization 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.

[[Page 17558]]

K. What Is Codification and Is EPA Codifying Utah's Hazardous Waste 
Program as Authorized in This Rule?

    Codification is the process of placing a 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. Utah's rules, up to and including those 
revised 2/15/96, have previously been codified through the 
incorporation-by-reference effective 3/15/99 (66 FR 58964, 11/26/2001) 
We reserve the amendment of 40 CFR part 272, subpart TT for the 
codification of Utah's updated program 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 pre-existing 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 also does not significantly or uniquely affect the communities 
of Tribal governments, as specified by Executive Order 13175 (65 FR 
67249, November 9, 2000). 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 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 June 9, 2003.

List of Subjects in 40 CFR Part 271

    Environmental protection, Administrative practice and procedure, 
Confidential business information, Hazardous waste, Hazardous waste 
transportation, Incorporation by Reference, Indian lands, 
Intergovernmental relations, Penalties, Reporting and recordkeeping 
requirements.

    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: March 25, 2003.
Robert E. Roberts,
Regional Administrator, Region VIII.
[FR Doc. 03-8833 Filed 4-9-03; 8:45 am]
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