[Federal Register Volume 69, Number 79 (Friday, April 23, 2004)]
[Rules and Regulations]
[Pages 21962-21963]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-9284]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-7653-2]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule and response to comments.

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SUMMARY: The EPA is granting final authorization to the hazardous waste 
program revisions submitted by South Dakota. The Agency published a 
Proposed Rule on November 3, 2003, and provided for public comment. The 
public comment period ended on December 3, 2003. No comments were 
received regarding Resource Conservation and Recovery Act (RCRA) 
program issues. There was one comment from the South Dakota State 
Attorney General regarding Indian country language. No further 
opportunity for comment will be provided.

DATES: This authorization will be effective on May 24, 2004.

ADDRESSES: You can view and copy South Dakota's applications at the 
following addresses: SDDENR, from 9 a.m. to 5 p.m., Joe Foss Building, 
523 E. Capitol, Pierre, South Dakota 57501-3181, contact: Carrie 
Jacobson, phone number (605) 773-3153 and EPA Region VIII, from 8 a.m. 
to 3 p.m., 999 18th Street, Suite 300, Denver, Colorado 80202-2466, 
contact: Kris Shurr, phone number: (303) 312-6139, e-mail: 
[email protected].

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

SUPPLEMENTARY INFORMATION: On August 16, 2002, and February 14, 2003, 
South Dakota submitted final complete program revision applications 
seeking authorization of their changes in accordance with 40 CFR 
271.21. We now make a Final decision that South Dakota's hazardous 
waste program revisions satisfy all of the requirements necessary to 
qualify for Final authorization. For a list of rules that become 
effective with this Final Rule, please see the Proposed Rule published 
in the November 3, 2003 Federal Register at 68 FR 62264.
    Response to Comments: EPA proposed to authorize South Dakota's 
State Hazardous Waste Management Program Revisions on November 3, 2003 
(68 FR 62264). EPA received only one comment, from the State of South 
Dakota, objecting to EPA's definition of Indian country, where the 
State is not authorized to administer its program. Specifically, the 
State disagreed that all ``trust land'' in South Dakota is Indian 
country. However, through a letter dated March 12, 2004, the State of 
South Dakota conveyed to EPA that ``while we [the State] continue to 
object and disagree on this issue, the state will accept EPA's 
authorization of the hazardous waste program revisions as described in 
EPA's November 3, 2003, notice in the Federal Register.''
    EPA maintains the interpretation of Indian country in South Dakota 
as described in the November 3, 2003 Federal Register notice of 
proposed rulemaking. Further explanation of this interpretation of 
Indian country can be found at 67 FR 45684-45686 (July 10, 2002).
    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

[[Page 21963]]

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 section 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 May 24, 2004.

List of Subjects in 40 CFR Part 271

    Environmental protection, Administrative practice and procedure, 
Confidential business information, Hazardous materials transportation, 
Hazardous waste, Incorporation-by-reference, Indians-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: April 14, 2004.
Robert E. Roberts,
Regional Administrator, Region VIII.
[FR Doc. 04-9284 Filed 4-22-04; 8:45 am]
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