[Federal Register Volume 73, Number 46 (Friday, March 7, 2008)]
[Rules and Regulations]
[Pages 12277-12279]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-4251]



[[Page 12277]]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R08-RCRA-2006-0127; FRL-8538-1]


Utah: Final Authorization of State Hazardous Waste Management 
Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate final rule.

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

SUMMARY: The Solid Waste Disposal Act, as amended, commonly referred to 
as the Resource Conservation and Recovery Act (RCRA), allows the 
Environmental Protection Agency (EPA) to authorize States to operate 
their hazardous waste management programs in lieu of the federal 
program. Utah has applied to EPA for final authorization of the changes 
to its hazardous waste program under 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.

DATES: This final authorization will become effective on May 6, 2008, 
unless the EPA receives adverse written comment by April 7, 2008. If 
adverse comment is received, EPA will publish a timely withdrawal of 
the immediate final rule in the Federal Register informing the public 
that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
RCRA-2006-0127, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
    Follow the on-line instructions for submitting comments.
     E-mail: [email protected].
     Fax: (303) 312-6341.
     Mail: Send written comments to Carl Daly, Solid and 
Hazardous Waste Program, EPA Region 8, Mailcode 8P-HW, 1595 Wynkoop 
Street, Denver, Colorado 80202-1129.
     Hand Delivery or Courier: Deliver your comments to Carl 
Daly, Solid and Hazardous Waste Program, EPA Region 8, Mailcode 8P-HW, 
1595 Wynkoop Street, Denver, Colorado 80202-1129. Such deliveries are 
only accepted during the Regional Office's normal hours of operation. 
The public is advised to call in advance to verify the business hours. 
Special arrangements should be made for deliveries of boxed 
information.
    Instructions: Direct your comments to Docket ID No. EPA-R08-RCRA-
2006-0127. EPA's policy is that all comments received will be included 
in the public docket without change, 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 information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov, or e-mail. The federal Web site, http://www.regulations.gov, 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 or any form of 
encryption, and be free of any defects or viruses. For additional 
information about EPA's public docket, visit the EPA Docket Center 
homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information may not be publicly available, e.g., CBI or other 
information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material, will be publicly available only 
in hard copy. Publicly available docket materials are available either 
electronically through www.regulations.gov or in hard copy at: EPA 
Region 8, from 9 a.m. to 4 p.m., 1595 Wynkoop Street, Denver, Colorado, 
contact: Carl Daly, phone number (303) 312-6416, or the 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. The public is advised to call in advance to 
verify the business hours.

FOR FURTHER INFORMATION CONTACT: Carl Daly, Solid and Hazardous Waste 
Program, EPA Region 8, 1595 Wynkoop Street, Denver, Colorado 80202, 
(303) 312-6416, [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 This 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: (1) Conduct

[[Page 12278]]

inspections; require monitoring, tests, analyses, or reports; (2) 
enforce RCRA requirements; suspend or revoke permits; and, (3) 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 this action are already effective and are not changed by 
this action.

D. Why Wasn't There a Proposed Rule Before This Rule?

    EPA did not publish a proposal before this 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 will become effective and which part is 
being withdrawn.

F. For What Has Utah Previously Been Authorized?

    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, May 7, 2002 (67 FR 30599), effective July 7, 2002; and June 11, 
2003 (68 FR 34829), effective June 11, 2003.

G. What Changes Are We Authorizing With This Action?

    On September 30, 2003, Utah submitted a 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 September 15, 2003): Hazardous Air Pollutant Standards; 
Technical Corrections (65 FR 42292, 07/10/00)(Checklist 188), (66 FR 
24270, 05/14/01)(Checklist 188.1), and (66 FR 35087, 07/03/
01)(Checklist 188.2)/R315-13-2-26, R315-3-4.3, and R315-8-
15.1(b)(1)&(3); Chlorinated Aliphatics Listing and LDRs for Newly 
Identified Wastes (65 FR 67068, 11/08/00)(Checklist 189)/R315-2-10(f), 
R315-13-1, R315-50-9, and R315-50-10; Mixture and Derived-From Rules 
Revisions (66 FR 27266, 05/16/01)(Checklist 192A)/R315-2-
3(a)(2)(iii)&(iv), R315-2-3(c)(2)(i), R315-2-3(f); Land Disposal 
Restrictions Correction (66 FR 27266, 05/16/01)(Checklist 192B)/R315-
13-1; Change of Official EPA Mailing Address (66 FR 34374, 06/28/
01)(Checklist 193)/R315-1-2(a); Mixture and Derived-From Rules Revision 
II (66 FR 50332, 10/03/01)(Checklist 194)/R315-2-3(a)(2)(iv) through 
(iv)(G); R315-2-3(f)(4); Inorganic Chemical Manufacturing Wastes 
Identification and Listing (66 FR 58258, 11/20/01)(Checklist 195)/R315-
2-4(b)(15), R315-2-10(f), R315-13-1; and R315-50-9; CAMU Amendments (67 
FR 02962, 01/22/02)(Checklist 196)/R315-1-1(b), and R315-8-21; 
Hazardous Air Pollutant Standards for Combustors: Interim Standards (67 
FR 06792, 02/13/02)(Checklist 197)/R315-3-2.10(e), R315-3-2.13, R315-3-
6.3, R315-3-6.6, R315-3-9.1(a)&(b), R315-7-22.1(b)(1)&(3), R315-8-
15.1(b)(1)&(4), and R315-14-7; Hazardous Air Pollutant Standards for 
Combustors: Corrections (67 FR 06968, 02/14/02)(Checklist 198)/R315-3-
4.3 and R315-14-7; Vacatur of Mineral Processing Spent Materials Being 
Reclaimed as Solid Wastes and TCLP Use with MGP waste (67 FR 11251, 03/
13/02)(Checklist 199)/R315-2-2(c)(3), R315-2-4(a)(17), and R315-2-
9(g)(1); Treatment Variance for Radioactively Contaminated Batteries 
(67 FR 62618, 10/07/02)(Checklist 201)/R315-13-1.

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

    Utah did not adopt the exclusion for hazardous waste containing 
radioactive waste at 40 CFR 261.3(h) in this rulemaking. This makes the 
State more stringent. 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 
section 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:
    1. Lands within the exterior boundaries of the following Indian 
reservations located within or abutting the State of Utah:

a. Goshute Indian Reservation
b. Navajo Indian Reservation
c. Northwestern Band of Shoshoni Nation of Utah (Washakie) Indian 
Reservation
d. Paiute Indian Tribe of Utah Indian Reservation
e. Skull Valley Band of Goshute Indians of Utah Indian Reservation

[[Page 12279]]

f. Uintah and Ouray Indian Reservation (see below)
g. Ute Mountain Indian Reservation;

    2. Any land held in trust by the United States for an Indian tribe; 
and,
    3. Any other areas which are ``Indian country'' within the meaning 
of 18 U.S.C. 1151.
    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.

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 on February 2, 1996, have previously been codified through the 
incorporation-by-reference effective March 15, 1999 (66 FR 58964, 
November 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. Statutory and Executive Order Reviews

    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 May 6, 2008.

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: February 22, 2008.
Robert E. Roberts,
Regional Administrator, Region 8. 1
[FR Doc. E8-4251 Filed 3-6-08; 8:45 am]
BILLING CODE 6560-50-P