[Federal Register Volume 71, Number 82 (Friday, April 28, 2006)]
[Rules and Regulations]
[Pages 25079-25085]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-4025]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R07-RCRA-2006-0026; FRL-8163-4]


Missouri: Final Authorization of State Hazardous Waste Management 
Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate final rule.

-----------------------------------------------------------------------

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 EPA believes this action is not controversial and does 
not expect comments that oppose it. Unless EPA receives written 
comments that oppose this authorization during the comment period, the 
decision to authorize Missouri's changes to its hazardous waste program 
will take effect.

DATES: This Final authorization will become effective on June 27, 2006 
unless EPA receives adverse written comment by May 30, 2006. 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: Submit your comments, identified by Docket ID No. EPA-R07-
RCRA-2006-0026, by one of the following methods:
    1. http://www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    2. E-mail: [email protected].
    3. Mail: Lisa Haugen, Environmental Protection Agency, RCRA 
Enforcement and State Programs Branch, 901 North 5th Street, Kansas 
City, Kansas 66101.
    5. Hand Delivery or Courier. Deliver your comments to Lisa Haugen, 
Environmental Protection Agency, RCRA Enforcement and State Programs 
Branch, 901 North 5th Street, Kansas City, Kansas 66101.
    Instructions: Direct your comments to Docket ID No. EPA-R07-RCRA-
2006-0026. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit through http://www.regulations.gov or e-mail information that you consider to be CBI 
or otherwise protected. The http://www.regulations.gov Web site is an 
``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through http://www.regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically in http://www.regulations.gov or in hard copy at the Environmental Protection 
Agency, RCRA Enforcement and State Programs Branch, 901 North 5th 
Street, Kansas City, Kansas 66101. The Regional Office's official hours 
of business are Monday through Friday, 8 to 4:30 excluding Federal 
holidays. The interested persons wanting to examine these documents 
should make an appointment with the office at least 24 hours in 
advance.

FOR FURTHER INFORMATION CONTACT: Lisa Haugen, EPA Region 7, ARTD/RESP, 
901 North 5th Street, Kansas City, Kansas 66101, (913) 551-7877, or by 
e-mail at [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, a State must 
change its program 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, the State must change its program 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 Has EPA Made in This Rule?

    EPA concludes that Missouri's application to revise its authorized 
program meets all of the statutory and regulatory requirements 
established by RCRA. Therefore, EPA grants Missouri Final authorization 
to operate its hazardous waste program with the changes described in 
the authorization application. Missouri has responsibility for 
permitting Treatment, Storage, and Disposal Facilities (TSDFs) within 
its borders (except in Indian Country) and for carrying out the aspects 
of the RCRA program described in its revised

[[Page 25080]]

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 This 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 Published Before This Rule?

    EPA did not publish a proposal before today's rule because EPA 
views this as a routine program change and does not expect comments 
that oppose this approval. EPA is providing an opportunity for public 
comment now. In addition to this rule, in the proposed rules section of 
today's Federal Register EPA is 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, EPA 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 this Immediate 
Final Rule. EPA will then address all public comments in a later final 
rule. If you want to comment on this authorization, you must do so at 
this time.
    If EPA receives comments that oppose only the authorization of a 
particular change to the State hazardous waste program, EPA will 
withdraw that part of this rule but the authorization of the program 
changes that the comments do not oppose will become effective on the 
date specified above. The Federal Register withdrawal document will 
specify which part of the authorization will become effective, and 
which part is being withdrawn.

F. What Has Missouri Previously Been Authorized For?

    On November 20, 1985, EPA published a Federal Register document 
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) document to correct the effective date of the rule to be 
consistent with sections 801 and 808 of the Congressional Review Act, 
enacted as part of the Small Business Regulatory Enforcement Fairness 
Act. Additionally, the State adopted and applied for interim 
authorization for the corrective action portion of the HSWA 
Codification Rule (July 15, 1985, 50 FR 28702). For a full discussion 
of the HSWA Codification Rule, the reader is referred to the Federal 
Register cited above. The State was granted interim authorization for 
the corrective action portion 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); and on October 1, 2001, effective November 30, 2001 (66 
FR 49841).

G. What Changes Is EPA Authorizing With This Action?

    On June 22, 2005, Missouri submitted a final complete program 
revision application, seeking authorization of its changes in 
accordance with 40 CFR 271.21. EPA now makes 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, EPA grants Missouri Final authorization for the following 
program changes:

------------------------------------------------------------------------
                                                       Analogous state
                                                     authority title 10,
                                                    division 25, code of
   Description of federal       Federal Register      state regulations
    requirement  (include     date and page  (and/   (10 CSR 25, unless
   checklist , if      or RCRA statutory     otherwise noted),
          relevant)                authority)        Rules of Department
                                                    of Natural Resources
                                                     [as amended through
                                                      August 30, 2002]
------------------------------------------------------------------------
Organic Air Emission          59 FR 62896-62953     10 CSR 10-
 Standards for Tanks,          December 6,1994; 60   6.070(1)(A) & 10
 Surface Impoundments, and     FR 26828-26829 May    CSR 25-3.260(1)(A);
 Containers--Checklists 154,   19, 1995; 60 FR       25-3.260(1);
 163 and 177).                 50426-50430           4.261(1); 5.262(1);
                               September 29, 1995;   7.264(1); 7.265(1);
                               60 FR 56952-56954     7.270(1).
                               November 13, 1995;
                               61 FR 4903-4916
                               February 9, 1996;
                               61 FR 28508-28511
                               June 5, 1996; 61 FR
                               59932-59997
                               November 25, 1996;
                               62 FR 64636-64671
                               December 8, 1997;
                               and 64 FR 3382
                               January 21, 1999.
Standards for Generators of   53 FR 45089-45093     10 CSR 25-5.262(1).
 Hazardous Waste--Checklist    November 8, 1988.
 58.
Exports of Hazardous Waste;   56 FR 43704-43705     10 CSR 25-5.262(1).
 Technical Correction--        September 4, 1991.
 Checklist 97.
Recycled Coke By-Product      57 FR 27880-27888     10 CSR 25-4.261(1);
 Exclusion--Checklist 105.     June 22, 1992.        7.266(1).

[[Page 25081]]

 
Land Disposal Restrictions    57 FR 37194-37282;    10 CSR 25-3.260(1);
 for Newly Listed Wastes and   57 FR 39275; 57 FR    4.261(1); 5.262(1);
 Hazardous Debris--Checklist   41173 August 18,      7.264(1); 7.265(1);
 109.                          1992.                 7.268(1); 7.270(1).
Coke By-Products Listings--   57 FR 37284-37306     10 CSR 25-4.261(1).
 Checklist 110.                August 18, 1992.
Boilers and Industrial        58 FR 38816-38884     10 CSR 25-3.260(1);
 Furnaces; Changes for         July 20, 1993.        7.266(1).
 Consistency with New Air
 Regulations--Checklist 125.
Testing and Monitoring        58 FR 46040-46051     10 CSR 25-3.260(1);
 Activities--Checklist 126.    August 31, 1993; 59   4.261(1); 7.264(1);
                               FR 47980-47982        7.265(1); 7.268(1);
                               September 19, 1994.   7.270(1).
Land Disposal Restrictions    61 FR 15566-15660;    10 CSR 25-7.268(1).
 Phase III--Decharacterized    61 FR 15660-15668
 Wastewaters, Carbamate        April 8, 1996; 61
 Wastes, and Spent             FR 19117 April 30,
 Potliners--Checklist 151.     1996; 61 FR 33680-
                               33691 June 28,
                               1996; 61 FR 36419-
                               36421 July 10,
                               1996; 61 FR 43924-
                               43931 August 26,
                               1996; 62 FR 7502-
                               7600 February 19,
                               1997.
Military Munitions Rule--     62 FR 6622-6657       10 CSR 25-3.260(1);
 Checklist 156.                February 12, 1997.    4.261(1); 5.262(1);
                                                     6.263(1); 7.264(1);
                                                     7.265(1); 7.266(1);
                                                     7.266(2)(M)1-2;
                                                     7.270(1).
Land Disposal Restrictions--  62 FR 25998-26040     10 CSR 25-4.261(1);
 Phase IV--Checklist 157.      May 12, 1997.         7.268(1).
Land Disposal Restrictions--  62 FR 37694-37699     10 CSR 25-7.268(1).
 Phase III--Emergency          July 14, 1997.
 Extension of the K088
 National Capacity Variance,
 Amendment--Checklist 160.
Emergency Revision of the     62 FR 45568-45573     10 CSR 25-7.268(1).
 Carbamate Land Disposal       August 28, 1997.
 Restrictions--Checklist 161.
Clarification of Standards    62 FR 64504-64509     10 CSR 25-7.268(1);
 for Hazardous Waste LDR       December 5, 1997.     7.268(2)(D)4
 Treatment Variances--
 Checklist 162.
Land Disposal Restrictions    63 FR 28556-28753     10 CSR 25-7.268(1).
 Phase IV--Treatment           May 26, 1998; 63 FR
 Standards for Metal Wastes    31266 June 8, 1998.
 and Mineral Processing
 Wastes--Checklist 167A.
Land Disposal Restrictions    63 FR 28556-28753     10 CSR 25-7.268(1).
 Phase IV--Hazardous Soils     May 26, 1998; 63 FR
 Treatment Standards and       31266 June 8, 1998.
 Exclusions--Checklist 167B.
Land Disposal Restrictions    63 FR 28556-28753     10 CSR 25-7.268(1).
 Phase IV--Corrections--       May 26, 1998; 63 FR
 Checklist 167C.               31266 June 8, 1998.
Mineral Processing Secondary  63 FR 28556-28753     10 CSR 25-4.261(1).
 Materials Exclusion--         May 26, 1998; 63 FR
 Checklist 167D.               31266 June 8, 1998.
Bevill Exclusion Revisions    63 FR 28556-28753     10 CSR 25-4.261(1).
 and Clarification--           May 26, 1998; 63 FR
 Checklist 167E.               31266 June 8, 1998.
Hazardous Waste Combustors    63 FR 33782-33829     10 CSR 7.270(1).
 Revised Standards--           June 19, 1998.
 Checklist 168.
Petroleum Refining Process    63 FR 42110-42189     10 CSR 25-4.261(1);
 Wastes--Checklist 169.        August 6, 1998; 63    7.266(1); 7.268(1).
                               FR 54356-54357
                               October 9, 1998.
Land Disposal Restrictions    63 FR 46332-46334     10 CSR 25-7.268(1).
 Phase IV--Zinc                August 31, 1998.
 Micronutrient Fertilizers,
 Administrative Stay--
 Checklist 170.
Emergency Revision of the     63 FR 47410-47418     10 CSR 25-7.268(1).
 Land Disposal Restrictions    September 4, 1998.
 Treatment Standards for
 Listed Hazardous Wastes
 from Carbamate Production--
 Checklist 171.
Land Disposal Restrictions    63 FR 48124-48127     10 CSR 25-7.268(1).
 Phase IV--Extension of        September 9, 1998.
 Compliance Date for
 Characteristic Slags--
 Checklist 172.
Land Disposal Restrictions--  63 FR 51254-51267     10 CSR 25-7.268(1).
 Treatment Standards for       September 24, 1998.
 Spent Potliners from
 Primary Aluminum Reduction
 (K088); Final Rule--
 Checklist 173.
Post-Closure Requirements     63 FR 56710-56735     10 CSR 25-7.264(1);
 and Closure Process--         October 22, 1998.     7.265(1); 7.270(1).
 Checklist 174.
HWIR-Media--Checklist 175...  63 FR 65874-65947     10 CSR 25-3.260(1);
                               November 30, 1998.    4.261(1); 7.264(1);
                                                     7.265(1); 7.268(1);
                                                     7.270(1).
Petroleum Refining Process    64 FR 6806 February   10 CSR 25-4.261(1).
 Wastes--Leachate Exemption--  11, 1999.
 Checklist 178.
Land Disposal Restrictions    64 FR 25408-25417     10 CSR 25-4.261(1);
 Phase IV--Technical           May 11, 1999.         5.262(1); 7.268(1).
 Corrections and
 Clarifications to Treatment
 Standards--Checklist 179.
Test Procedures for the       64 FR 26315-26327     10 CSR 25-3.260(1).
 Analysis of Oil and Grease    May 14, 1999.
 and Non-Polar Material--
 Checklist 180.

[[Page 25082]]

 
Hazardous Air Pollutant       64 FR 52828-53077     10 CSR 25-260(1);
 Standards for Combustors,     September 30, 1999;   4.261(1); 7.264(1);
 Miscellaneous Units, and      64 FR 63209-63213     7.265(1); 7.266(1);
 Secondary Lead Smelters;      November 19, 1999.    7.270(1).
 Clarification of BIF
 Requirements; Technical
 Correction to Fast-track
 Rule--Checklist 182.
Land Disposal Restrictions    64 FR 56469-56472     10 CSR 25-4.261(1);
 Phase IV--Technical           October 20, 1999.     5.262(1); 7.268(1).
 Corrections--Checklist 183.
Accumulation Time for Waste   65 FR 12378-12398     10 CSR 25-5.262(1).
 Water Treatment Sludges--     March 8, 2000.
 Checklist 184.
Vacatur of Organobromine      65 FR 14472-14475     10 CSR 25-5.262(1);
 Production Waste Listings--   March 17, 2000.       7.268(1).
 Checklist 185.
Petroleum Refining Process    65 FR 36365-36367     10 CSR 25-4.261(1);
 Wastes--Clarification--Chec   June 8, 2000.         7.268(1).
 klist 187.
------------------------------------------------------------------------

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

    The following differences between the Federal Rules and the State 
Rules have been deemed equivalent:
     10 CSR 25-3.260(1)(A): Missouri replaces all Federal 
internal references with references to its own analogs. Missouri 
incorporates by reference 40 CFR part 60, including Appendix A, within 
its air emission regulations at 10 CSR 10-6.070(1)(A). Therefore, the 
state is equivalent to the Federal regulations.
     10 CSR 25-5.262(2)(C)4.: Missouri has not adopted the 
Federal provision at 40 CFR 262.34(a)(1)(iii) which was introduced by 
the Wood Preserving Rule (Checklist 82). Checklist 109 merely made 
minor typographical changes to this provision due to the insertion of 
262.34(a)(1)(iv), which addresses containment buildings. Not adopting 
262.34(a)(1)(iii) does not affect the State's provisions for Revision 
Checklist 109.
     10 CSR 25-7.266(2)(M)1. and (M)2.: Missouri has 
substituted the oral and written notification of the director in 40 CFR 
266.203(a)(1) with the notification of the ``department's emergency 
response coordinator'' in the event of a loss or theft of waste 
military munitions. This change satisfies the intent of the section; 
therefore the state section is equivalent to the Federal.
    EPA considers the following State requirements to be more stringent 
than the Federal requirements:
     10 CSR 25-3.260(2)(C): Missouri does not incorporate by 
reference the Federal provision on Rulemaking Petitions found at 40 CFR 
part 260, subpart C. The State requires the petitioner to seek 
delisting from the Federal EPA after which Missouri may choose to allow 
the waste delisting to be implemented for the State program. If the 
State fails to take action within a sixty day window, the delisting is 
``deemed approved.'' The modification is more stringent only in those 
cases where the State decides not to approve the federal EPA approved 
delisting. In those cases where the department either approves the 
delisting or fails to take any action, the modification is equivalent.
     10 CSR 25-4.261(2)(A)9: Missouri does not incorporate 40 
CFR 261.4(a)(16) by reference. This section of the federal regulations 
excludes comparable fuels and comparable syn/gas fuels in the 
definition of solid waste. The state's omission of 40 CFR 261.4(a)(16) 
makes the state more stringent because the syn/gas fuel provisions are 
considered by EPA to reduce the stringency of the Federal program.
     10 CSR 25-4.261(2)(D)4: Missouri does not incorporate 40 
CFR 261.38 by reference. This section of the Federal regulations 
includes requirements that syn/gas fuel generators must meet so as not 
to be fully regulated as hazardous waste generators. The omission of 40 
CFR 261.38 from the state regulations makes the state more stringent 
because the syn/gas fuel provisions are considered by EPA to reduce the 
stringency of the Federal program.
     10 CSR 25-5.262(2)(C)6: Missouri modifies its 
incorporation by reference of 40 CFR 262.34(d)(2) by requiring that all 
generators regardless of quantity generated, including conditionally 
exempt small quantity generators and small quantity generators, meet 
the special requirements for ignitable or reactive waste set forth in 
40 CFR 265.176 (incorporated by reference at 10 CSR 25-7.265). Because 
the State requires the entire group of generators to follow the special 
requirements, the State provision is more stringent.
     10 CSR 25-7.266(2)(H)1: Missouri does not incorporate by 
reference the exemption from regulation of used oil burned for 
emergency recovery that is a hazardous waste solely because it is a 
characteristic hazardous waste under 40 CFR part 261, subpart C. The 
Federal program regulates this waste under the Used Oil requirements 
found at 40 CFR part 279; however, Missouri includes this as hazardous 
waste and subjects it to the more stringent requirements of part 266.
     10 CSR 25-7.268(2)(B): Missouri does not incorporate 40 
CFR 268.14(a)-(c) by reference and, as a result, is more stringent 
because the state does not allow exemptions that the Federal program 
added with Revision Checklist 109. Missouri does not allow otherwise 
prohibited wastes to be placed in surface impoundments as allowed by 
the Federal program through these exemptions.
     10 CSR 25-7.270(2)(D)6: Missouri does not incorporate by 
reference 40 CFR 270.42(j)(1) and (2), which address permit 
modification requirements under 40 CFR 63.1211. Because the State does 
not substitute its own requirements for the notification and approval 
processes, the state provision is more stringent than the Federal 
regulations because this provision is considered by EPA to reduce the 
stringency of the Federal program. EPA added these provisions to help 
assure that permitted facilities are able to meet the MACT standards 
within three years.
    These requirements are part of Missouri's authorized program and 
are federally enforceable.
    EPA also considers the following State requirement to go beyond the 
scope of the Federal program:
     10 CSR 25-7.266(2)(H)2: Missouri adds language to the end 
of 40 CFR 266.100(d) which is the Federal provision on the conditional 
exemption of facilities that process hazardous waste solely for metal 
recovery. The state requires these facilities to be

[[Page 25083]]

subject to the Hazardous Waste Resource Recovery Processes regulations 
at 10 CSR 25-9.020. Because there are no analogous provisions in the 
Federal program, the State is broader in scope than the Federal 
program.
    Broader-in-scope requirements are not part of the authorized 
program and EPA can not enforce them. However, although these 
provisions are not requirements under RCRA, they remain effective as 
state law.

I. Renumbering of Previously Authorized Provisions

    The following table includes a list of Missouri provisions which 
were previously authorized, and have since been renumbered. In most 
instances, the State simply renumbered the provisions while making very 
minor changes, if any, to the provisions themselves. EPA had determined 
that the minor changes do not require the provisions to be re-
authorized.

------------------------------------------------------------------------
                                 Previous state
                              citation as found in
  Current state citation as    title 10, Division
 found in Title 10, Division    25, Code of State
      25, Code of State            Regulations          Noted changes
  Regulations  [as amended     [effective December
  through August 30, 2002]      31, 1990, unless
                                otherwise noted]
------------------------------------------------------------------------
25-3.260(1)(A)18............  25-3.260(1)(A)16....  N/A.
25-3.260(1)(A)19............  25-3.260(1)(A)17....  N/A.
25-3.260(1)(A)20............  25-3.260(1)(A)18....  N/A.
25-3.260(1)(A)21............  25-3.260(1)(A)19....  N/A.
25-3.260(1)(A)22............  25-3.260(1)(A)20....  N/A.
25-3.260(1)(A)23............  25-3.260(1)(A)21....  N/A.
25-3.260(1)(A)24............  25-3.260(1)(A)22....  N/A.
25-3.260(1)(A)25............  25-3.260(1)(A)23....  N/A.
25-3.260(1)(A)26............  26-3.260(1)(A)24....  State substituted
                                                     ``regulation'' for
                                                     ``rule''.
25-3.260(1)(A)27............  26-3.260(1)(A)25....  N/A.
25-3.260(2)(A)1-(A)1.C......  25-3.260(1)(B)-(1)(B  At 25-
                               )3.                   3.260(2)(A)1.A.,
                                                     Missouri removed
                                                     ``this'' prior to
                                                     ``subsection
                                                     (1)(B).''.
25-3.260(2)(C)..............  25-3.260(1)(C),       N/A.
                               effective March 5,
                               1999.
25-3.260(2)(D)..............  25-3.260(1)(D)......  N/A.
25-3.260(3)(A)-(A)3.........  25-3.260(2)(A)-(A)3.  N/A.
25-3.260(3)(C)-(H)3.........  25-3.260(2)(C)-(H)3.  Slight wording
                                                     changes.
25-3.260(3)(H)5.............  25-3.260(2)(H)4.....  N/A.
25-3.260(3)(I) and 25-        25-3.260(2)(I) and    N/A.
 3.260(3)(I)1.                 25-3.260(2)(I)1.
25-3.260(3)(J)-(M)2.........  25-3.260(2)(J)-(M)2.  N/A.
25-3.260(3)(M)4.............  25-3.260(2)(M)3.....  Punctuation change.
25-3.260(3)(O)-(O)2.........  25-3.260(2)(O)-(O)2.  Slight wording
                                                     changes.
25-3.260(3)(O)4.............  25-3.260(2)(O)3.....  State substituted
                                                     ``regulations'' for
                                                     ``rules''.
25-3.260(3)(P) and (P)2.....  25-3.260(2)(P) and    N/A.
                               (P)1.
25-3.260(3)(R)-(R)6.........  25-3.260(2)(R)-(R)6.  N/A.
25-3.260(3)(R)8-(T)1........  25-3.260(2)(R)8-(T)1  Slight wording
                                                     changes.
25-3.260(3)(T)3 and (T)4....  25-3.260(2)(T)2 and   Slight wording
                               (T)3.                 changes.
25-3.260(3)(U) introduction.  25-3.260(2)(U)......  N/A.
25-3.260(3)(U)3.............  25-3.260(2)(U)1.....  N/A.
25-3.260(3)(V) introduction.  25-3.260(2)(V)......  N/A.
25-3.260(3)(V)2.............  25-3.260(2)(V)2.....  N/A.
25-3.260(3)(W)-(W)2.........  25-3.260(2)(W)-(W)2.  N/A.
25-4.261(2)(A)3.............  25-4.261(2)(A)2.....  N/A.
25-4.261(2)(A)5.............  25-4.261(2)(A)4.....  N/A.
25-4.261(2)(A)7.............  25-4.261(2)(A)5.....  Punctuation change.
25-4.261(2)(A)11............  25-4.261(2)(A)6.....  Slight wording
                                                     changes.
25-4.261(2)(A)12............  25-4.261(2)(A)7.....  N/A.
25-4.261(2)(A)12.A.-12.B....  25-4.261(2)(A)7.A.-7  N/A.
                               .B..
25-4.261(2)(A)13............  25-4.261(2)(A)8,      N/A.
                               effective March 31,
                               1996.
25-4.261(2)(A)17............  25-4.261(2)(A)9.....  N/A.
25-5.262(2)(C)5-7...........  25-5.262(2)(C)4-6...  N/A.
25-5.262(2)(I)..............  25-5.262(2)(H)......  Punctuation change
25-5.262(2)(J)..............  25-5.262(2)(I)......  N/A.
25-6.263(2)(A)3-3.E.........  25-6.263(2)(A)3-3.C.  Slight wording
                                                     changes.
25-6.263(2)(B)1, except       25-6.263(2)(B)1,      N/A.
 (B)1.A.(II).                  except (B)1.A., 3rd
                               sentence, effective
                               March 31, 1996.
25-7.264(2)(B)3.............  25-7.264(2)(B)4.....  N/A.
25-7.264(2)(E)2 introduction  25-7.264(2)(E)3       N/A.
                               introduction.
25-7.264(2)(E)2.A...........  25-7.264(2)(E)3.A...  N/A.
25-7.264(2)(E)2.B. and 2.C..  25-7.264(2)(E)3.B.    N/A.
                               and 3.C..
25-7.264(2)(E)2.D...........  25-7.264(2)(E)3-3.E.  N/A.
25-764(2)(E)2.E.............  25-7.264(2)(E)3.E...  N/A.
25-7.264(2)(E)3-3.C.(VI)....  25-7.264(2)(E)4-4.C.  N/A.
                               (VI).
25-7.264(2)(F)4               25-7.264(2)(F)5       N/A.
 introduction, 4.A. and        introduction, 5.A.
 4.A.(I).                      and 5.A.(I).
25-7.264(2)(F)4.B.            25-7.264(2)(F)5       N/A.
 introduction-4.B.(I).         introduction-
                               5.B.(I).
25-7.264(2)(F)4.B.(III).....  25-7.264(2)(F)5.B.(V  N/A.
                               II).
25-7.264(2)(F)5.............  25-7.264(2)(F)6.....  N/A.
25-7.264(2)(G)2-4...........  25-7.264(2)(G)3-5...  N/A.
25-7.264(2)(J)3-4...........  25-7.264(2)(J)2-3...  N/A.
25-7.264(2)(L) introduction.  25-7.264(2)(L),       N/A.
                               first sentence.
25-7.264(2)(L)1.............  25-7.264(2)(L),       N/A.
                               second sentence.
25-7.264(2)(N)2.B.-G........  25-7.264(2)(N)2.A.,   N/A.
                               effective March 5,
                               1999.

[[Page 25084]]

 
25-7.264(2)(N)2.J.-N........  25-7.264(2)(N)2.B.-F  N/A.
                               ..
25-7.265(2)(E)1-3.D.........  25-7.265(2)(E)1.....  N/A.
25-7.265(2)(G)1.............  25-7.265(2)(G)2.....  N/A.
25-7.265(2)(G)2-(G)4........  25-7.265(2)(G)3-(G)5  N/A.
25-7.265(2)(I) introduction.  25-7.265(2)(I) and    N/A.
                               (I)1 introduction.
25-7.265(2)(I)1.............  25-7.265(2)(I)1.A...  N/A.
25-7.265(2)(I)2 introduction- 25-7.265(2)(I)1.B.-B  N/A.
 2.E..                         .(V).
25-7.265(2)(I)3.............  25-7.265(2)(I)1.C...  N/A.
25-7.265(2)(I)4 introduction- 25-7.265(2)(1)1.D.    N/A.
 4.B..                         introduction-D.(II).
25-7.265(2)(I)5.............  25-7.265(2)(I)2.....  N/A.
25-7.265(2)(J)2.............  25-7.265(2)(J)1.....  N/A.
25-7.270(2)(A)7.............  25-7.270(2)(A)5.....  N/A.
25-7.270(2)(B)5 introduction  25-7.270(2)(B)4,      N/A.
 and 25-7.270(2)(B)5.A.-L.     fourth sentence and
                               25-7.270(2)(B)4.A.-
                               L.
25-7.270(2)(B)6.............  25-7.270(2)(B)5.....  N/A.
25-7.270(2)(B)12-15.........  25-7.270(2)(B)11-15.  N/A.
------------------------------------------------------------------------

J. 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 EPA issued prior to the effective date of this authorization. EPA 
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.

K. 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 Code of Federal Regulations. EPA does this by 
referencing the authorized State rules in 40 CFR part 272. EPA reserves 
the amendment of 40 CFR part 272, subpart AA for this authorization of 
Missouri's program changes until a later date.

L. Statutory and Executive Order Reviews

    This rule only authorizes hazardous waste requirements pursuant to 
RCRA section 3006 and does not impose any requirements other than those 
imposed by State law (see Supplementary Information, Section A. Why are 
Revisions to State Programs Necessary?). Therefore this rule complies 
with applicable executive orders and statutory provisions as follows:

1. Executive Order 18266: Regulatory Planning Review

    The Office of Management and Budget has exempted this action from 
the requirements of Executive Order 12866 (58 FR 51735, October 4, 
1993).

2. Paperwork Reduction Act

    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.).

3. Regulatory Flexibility Act

    After considering the economic impacts of today's rule on small 
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), I 
certify that this rule will not have a significant economic impact on a 
substantial number of small entities.

4. Unfunded Mandates Reform Act

    Because this rule approves 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).

5. Executive Order 13132: Federalism

    Executive Order 13132 (64 FR 43255, August 10, 1999) does not apply 
to this rule because it will not have federalism implications (i.e.; 
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).

6. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    Executive Order 13185 (65 FR 67249, November 9, 2000) does not 
apply to this rule because it will not have tribal implications (i.e., 
substantial direct effects on one or more Indian Tribes, or on the 
relationship between the Federal Government and Indian Tribes, or on 
the distribution of power and responsibilities between the Federal 
Government and Indian Tribes.)

7. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Rules

    This rule is not subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997), because it is not economically significant and it is 
not based on environmental health or safety risks.

8. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This rule is not subject to Executive Order 13211 (66 FR 28355, May 
22, 2001), because it is not a significant regulatory action as defined 
in Executive Order 12866.

9. National Technology Transfer Advancement Act

    EPA approves State programs as long as they meet criteria required 
by RCRA, so it would be inconsistent with applicable law for EPA, in 
its review of a State program, to require the use of a particular 
voluntary consensus standard in place of another standard that meets 
the requirements of RCRA. Thus, the requirements of section 12(d) of 
the National Technology and Advancement Act of 1995 (15 U.S.C. 272 
note) do not apply to this rule.

[[Page 25085]]

10. Executive Order 12988

    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.

11. Executive Order 12630: Evaluation of Risk and Avoidance of 
Unanticipated Takings

    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.

12. Congressional Review Act

    EPA will submit a report containing this rule and other information 
required by the Congressional Review Act (5 U.S.C. 801 et seq.) 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).

List of Subjects in 40 CFR Part 271

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

    Authority: This action is issued under the authority of sections 
2002(a), 3006 and 7004(b) of the Solid Waste Disposal Act as amended 
42 U.S.C. 6912(a), 6926, 6974(b).

    Dated: April 17, 2006.
James B. Gulliford,
Regional Administrator, Region 7.
[FR Doc. 06-4025 Filed 4-27-06; 8:45 am]
BILLING CODE 6560-50-P