[Federal Register Volume 77, Number 208 (Friday, October 26, 2012)]
[Rules and Regulations]
[Pages 65314-65320]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-26430]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R07-RCRA-2012-0719; FRL-9744-4]


Missouri: Final Authorization of State Hazardous Waste Management 
Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct 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. Missouri 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 December 26, 
2012 unless EPA receives adverse written comment by November 26, 2012. 
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 take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
RCRA-2012-0719, by one of the following methods:

[[Page 65315]]

    1. www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    2. Email: [email protected].
    3. Mail or Hand Delivery: Berla Jackson-Johnson, Environmental 
Protection Agency, Waste Enforcement and Materials Management Branch, 
11201 Renner Blvd., Lenexa, Kansas 66219.
    Instructions: Direct your comments to Docket ID No. EPA-R07-RCRA-
2012-0719. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
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 www.regulations.gov or 
email information that you consider to be CBI or otherwise protected. 
The 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 email 
comment directly to EPA without going through www.regulations.gov, your 
email 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 
www.regulations.gov index. Although listed in the index, some 
information whose disclosure is restricted by statute will not be 
publically available. Certain other material, such as copyrighted 
material, will be publicly available only in hard copy form. Publicly 
available docket materials are available either electronically in 
www.regulations.gov or in hard copy at the Environmental Protection 
Agency, RCRA Enforcement and State Programs Branch, 11201 Renner Blvd., 
Lenexa, Kansas 66219. The Regional Office's official hours of business 
are Monday through Friday, 8:00 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: Berla Jackson-Johnson, AWMD WEMM, RCRA 
Enforcement and State Programs Branch, U.S. EPA Region VII, 11201 
Renner Blvd., Lenexa, Kansas 66219, phone number (913) 551-7720; email 
address: [email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

A. Why are revisions to state program necessary?
B. What decisions has EPA made in this rule?
C. What is the effect of today's authorization decision?
D. Why wasn't there a proposed rule published before this rule?
E. What happens if EPA receives comments that oppose this action?
F. What has Missouri previously been authorized for?
G. What revisions are we authorizing with this action?
    1. Program Revision Changes for Federal Rules
H. Where are the revised missouri rules different from the federal 
rule?
    1. Rules for Which Missouri is not Seeking Authorization.
    2. More Stringent Missouri Rules.
I. Who handles permits after the authorization takes effect?
J. How does this action affect Indian country (18 U.S.S. 115) in 
Missouri?
K. What is codification and is EPA codifying Missouri's hazardous 
waste program as authorized in this rule?

A. Why are revisions to state programs necessary?

    States that 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 
that the Federal program. As the Federal program changes, a state must 
change its program accordingly 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 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 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 Missouri is 
granted authorization to do so.

C. What is the effect of today's authorization decision?

    This decision serves to authorize revisions to Missouri's 
authorized hazardous waste program. This action does not impose 
additional requirements on the regulated community because the 
regulations for which Missouri is being authorized by this action are 
already effective and are not changed by this action. Missouri has 
enforcement responsibilities under its state hazardous waste program 
for violations of its program, but EPA retains its authority under RCRA 
sections 3007, 3008, 3013, and 7003, which include, among others, 
authority to:
     Perform inspections, and require monitoring, tests, 
analyses or reports;
     Enforce RCRA requirements and suspend or revoke permits; 
and
     Take enforcement actions regardless of whether Missouri 
has taken its own actions.

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 we 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 Missouri's program revisions. If EPA receives 
comments that oppose this authorization, that document will serve as a 
proposal to authorize the revisions to Missouri's program that were the 
subject of adverse comment.

[[Page 65316]]

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 revisions on the proposal 
mentioned in the previous section. EPA will then address all public 
comments in a later final rule. You may not have another opportunity to 
comment. If you want to comment on this authorization, you must do so 
at this time. If EPA receives comments that oppose the authorization of 
a particular revision to Missouri's hazardous waste program, we will 
withdraw that part of this rule, but the authorization of the program 
revisions 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?

    Initially, Missouri received final authorization to implement its 
hazardous waste management program effective December 4, 1985 (50 FR 
47740). EPA granted authorization for revisions to Missouri's 
regulatory program on 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 30, 1997, (62 FR 29301) (document to 
correct the effective date of the rule to be consistent with section 
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 on May 4, 1999, 
effective July 6, 1999 (64 FR 23780). Missouri received authorization 
for further revisions to its program on February 28, 2000, effective 
April 28, 2000 (65 FR 10405; October 1, 2011, effective November 30, 
2001 (66 FR 49841); and on April 28, 2006 (71 FR 25079), effective June 
27, 2006.

G. What revisions are we authorizing with this action?

    On October 6, 2010, Missouri submitted a final complete program 
revision application, seeking authorization of additional revisions to 
its program in accordance with 40 CFR 271.21. Missouri's revision 
application includes regulations that are equivalent to, and no less 
stringent than revisions to the Federal hazardous waste program, as 
published in the Code of Federal Regulations as of July 1, 2006, and 
the final rule published July 28, 2006, (71 FR 42928; effective January 
29, 2007).
    We now make 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's 
authorization for the following program revisions:

1. Program Revision Changes for Federal Rules

    Missouri seeks authority to administer the Federal requirements 
that are listed in Table 1. This Table lists the Missouri analogs that 
are being recognized as no less stringent than the analogous Federal 
requirements. Missouri's regulatory references are to the Missouri Code 
of State Regulations, Title 10 Division 25, effective June 30, 2009.
    The State's statutory authority for the hazardous waste program for 
which it is seeking authorization is based on the following provisions 
from the Revised Statutes of Missouri (RSMo), as amended through the 
2009 Supplement: Revised Statutes of Missouri, Chapter 260, Section 
260.003 and ``Missouri Hazardous Waste Management Law'' section 260.350 
through 260.434. Missouri's authority to incorporate the Federal 
program is found at RSMo 536.031.

         Table 1--Missouri's Analogs to the Federal Requirements
------------------------------------------------------------------------
   Description of Federal
    requirement (revision       Federal Register     Analogous Missouri
     checklists [sup1])                                   authority
------------------------------------------------------------------------
                             RCRA Cluster XI
------------------------------------------------------------------------
NESHAPS: Final Standards for  65 FR 42292, 07/10/   10 CSR 25-
 Hazardous Air Pollutants      00; as amended 66     4.261(2)(D)4;
 for Hazardous Waste           FR 24270, 5/14/01;    7.264(1).
 Combustors, Revision          and 66 FR 35087, 7/  *10 CSR 25-
 Checklist 188.                03/01.                7.7270(2)(D)6 is
                                                     excluded from the
                                                     authorization
                                                     because Missouri
                                                     only partially
                                                     excludes 270.42(j)
                                                     (see Section H.1.g
                                                     for discussion).
Chlorinated Aliphatics        65 FR 67068, 11/8/00  10 CSR 25-4.261(1);
 Listing and LDRs for Newly                          7.268(1).
 Identified Wastes, Revision
 Checklist 189.
Land disposal Restrictions    65 FR 81373, 12/26/   10 CSR 25-7.268(1).
 Phase IV--Deferral for PCBs   00.
 in Soil, Revision Checklist
 190.
Storage, treatment,           66 FR 272218, 5/16/   10 CSR 25-7.266(1).
 Transportation and Disposal   01.
 of Mixed Waste, Revision
 Checklist 191.
Mixture and Derived--From     66 FR 27266, 5/16/01  10 CSR 25-4.261(1).
 Rules Revisions, Revision
 Checklist 192A.
Land disposal Restrictions    66 FR 27266, 5/16/01  10 CSR 25-7.268(1).
 Correction, Revision
 Checklist 192B.
Change of Official EPA        66 FR 34374, 6/28/01  10 CSR 25-3.260(1).
 Mailing Address, Revision
 Checklist 193.
------------------------------------------------------------------------
                            RCRA Cluster XII
------------------------------------------------------------------------
Mixture and Derived From      66 FR 50332, 10/3/    10 CSR 25-4.261(1).
 Rules Revision II, Revision   01; as amended 66
 Checklist 194.                FR 60153, 12/3/01.
Inorganic Chemical            66 FR 27266, 5/16/01  10 CSR 25-4.261(1).
 Manufacturing, revision
 Checklist 195.

[[Page 65317]]

 
CAMU Amendments, Revision     67 FR 2962, 1/22/02.  10 CSR 25-3.260(1).
 Checklist 196.
Hazardous Air Pollutant       67 FR 6792, 2/13/02.  10 CSR 25-7.264(1);
 Standards for Combustors:                           7.265(1);
 Interim Standards, Revision                         7.270(1)*.
 checklist 197.
------------------------------------------------------------------------
                            RCRA Cluster XIII
------------------------------------------------------------------------
National Treatment Variance   67 FR 62618, 10/07/   10 CSR 25-7.268(1).
 for Radioactively             02.
 Contaminated Batteries,
 Revision Checklist 201.
NESHAP: Standards for         67 FR 77687, 12/19/   10 CSR 25-7.270(1).*
 Hazardous Air Pollutants      02.                  *Missouri
 for Hazardous Waste                                 incorporates by
 Combustors--Corrections,                            reference the
 Revision checklist 202.                             changes to Federal
                                                     BIFs requirements
                                                     for which Missouri
                                                     is not authorized
                                                     (see Section H.1.b
                                                     for discussion).
------------------------------------------------------------------------
                            RCRA Cluster XIV
------------------------------------------------------------------------
NEXHAP: Surface Coating of    69 FR 22601, 4/26/04  10 CSR 25-7.264(1);
 Automobiles and Light Duty                          7.265(1).
 Trucks, Revision Checklist
 205.
------------------------------------------------------------------------
                             RCRA Cluster XV
------------------------------------------------------------------------
Nonwastewaters from           70 FR 9138, 2/24/05;  10 CSR 25-4.261(1);
 Productions of Dyes,          as amended 70 FR      7.268(1).
 Pigments, and Food, Drug      35032, 6/16/05.
 and cosmetic Colorants,
 Revision Checklist 206.
Uniform Hazardous Waste       70 FR 10776; 3/04/    10 CSR 25-3.260(1);
 Manifest final rules,         05; as amended June   4.261(1);
 Revision Checklist 207.       16, 2005 at 70 FR     5.262(1)*;
                               35034.                5.262(2)(B) except
                                                     (2)(B)3**;
                                                     5.262(2)(C);
                                                     5.262(2)(E);
                                                     5.262(2)(F);
                                                     6.263(1)*;
                                                     6.263(2)(B1;
                                                     5.264(1)*;
                                                     7.264(2)(E)1;
                                                     5.265(1).*
                                                    *Missouri
                                                     incorporates the
                                                     Federal provisions
                                                     by reference
                                                     without taking into
                                                     considerations that
                                                     the state cannot
                                                     assume authority
                                                     for certain EPA
                                                     functions; EPA will
                                                     continue to
                                                     implement these
                                                     functions (see
                                                     Section H.1.a for
                                                     discussion).
                                                    **10 CSR 25-
                                                     5.262(2)(B)(3) is
                                                     not being
                                                     authorized because
                                                     it is related to
                                                     state waste codes
                                                     for used oil;
                                                     Missouri is not
                                                     authorized for the
                                                     used oil program
                                                     (see Section H.1.c
                                                     for discussion).
Testing and Monitoring        70 FR 34538, 6/14/    10 CSR 25-3.260(1);
 Activities: Methods           05; as amended 70     3.260(2)(c);
 Innovation Rule and SW-846    FR 44150, 8/01/05.    4.261(1);
 Update IIIB, Revision                               4.261(2)(D)4;
 Checklist 208.                                      7.264(1); 7.265(1);
                                                     7.266(1)*;
                                                     7.268(1);
                                                     7.270(1).*
                                                    *Missouri has
                                                     incorporated by
                                                     reference the
                                                     changes to Federal
                                                     BIFs requirements
                                                     for which Missouri
                                                     is not authorized
                                                     (see Section H.1.b.
                                                     for discussion).
                                                    ** Missouri has
                                                     incorporated by
                                                     reference the
                                                     changes to 40 CFR
                                                     Part 279 as
                                                     indicated on
                                                     Revision Checklist
                                                     208 without
                                                     modification.
                                                     However, Missouri
                                                     cannot be
                                                     authorized for
                                                     changes to the used
                                                     oil requirements
                                                     because the State
                                                     is not authorized
                                                     for the used oil
                                                     program (see
                                                     Section H.1.c for
                                                     discussion).
------------------------------------------------------------------------
                            RCRA Cluster XVI
------------------------------------------------------------------------
Revision of Wastewater        70 FR 57769, 10/04/   10 CSR 25-4.261(1).
 Treatment Exemptions for      05.
 Hazardous Waste Mixtures,
 Revision Checklist 211.
National Emission Standards   70 FR 59401, 10/12/   10 CSR 25-3.260(1);
 for Hazardous Air             05.                   7.264(1);
 Pollutants: Final Standards                         7.266(1)*;
 for Hazardous Air                                   7.266(2)(H)1;
 Pollutants for Hazardous                            7.270(1).*
 Waste Combustors, Revision                         *Missouri has
 Checklist 212.                                      incorporated by
                                                     reference the
                                                     changes to Federal
                                                     BIFs requirements
                                                     for which Missouri
                                                     is not authorized
                                                     (see Section H.1.b
                                                     for discussion).

[[Page 65318]]

 
                                                    **10 CSR 25-
                                                     7.270(2)(D)6 is
                                                     excluded from the
                                                     authorization
                                                     because Missouri
                                                     only partially
                                                     excludes
                                                     270.42(j)(see
                                                     Section H.1.g for
                                                     discussion).
Burden Reduction Initiative,  71 FR 16862, 4/04/06  10 CSR 25-
 Revision Checklist 213.                             3.260(1)**;
                                                     4.261(1);
                                                     4.261(2)(D)4;
                                                     7.264(1)**;
                                                     7.264(2)(B)3;
                                                     7.264(2)(E)2;
                                                     7.264(2)(W);
                                                     7.265(1)**;
                                                     7.265(2)(B);
                                                     7.265(2)(W);
                                                     7.266(1)*;
                                                     7.268(1);
                                                     7.270(1)**;
                                                     7.270(2)(D)7.
                                                    *Missouri has
                                                     incorporated by
                                                     reference the
                                                     changes to Federal
                                                     BIFs requirements
                                                     for which Missouri
                                                     is not authorized
                                                     (see Section H.1.b
                                                     for discussion).
                                                    ** Missouri is not
                                                     being authorized
                                                     for the definition
                                                     of ``Performance
                                                     Track member
                                                     facility'', or the
                                                     changes made by
                                                     this final rule
                                                     relative to the
                                                     terminated
                                                     Performance track
                                                     program at 40 CFR
                                                     270.42, Appendix I,
                                                     Item O (see section
                                                     H.1.e for
                                                     discussion).
------------------------------------------------------------------------
                            RCRA Cluster XVII
------------------------------------------------------------------------
Cathode Ray Tubes Rule,       71 FR 42928, 7/28/06  10 CSR 25-3.260(1);
 Revision Checklist 215.                             4.261(1)*;
                                                     4.261(2)(d)4;
                                                     4.261(2)(E)1.
                                                    *Missouri
                                                     incorporates the
                                                     Federal provisions
                                                     by reference
                                                     without taking into
                                                     consideration that
                                                     the State cannot
                                                     assume authority
                                                     for 40 CFR
                                                     261.39(a)(5), which
                                                     addresses the
                                                     notification
                                                     requirements and
                                                     other EPA functions
                                                     relative to the
                                                     exports of CRTs
                                                     (see Section H.1.a
                                                     for discussion).
------------------------------------------------------------------------
\1\ A Revision Checklist is a document that addresses the specific
  revisions made to the Federal regulations by one or more related final
  rules published in the Federal Register. EPA develops these checklists
  as tools to assist states in developing their authorization
  applications and in documenting specific state analogs to the Federal
  Regulations. For more information see EPA's RCRA State Authorization
  Web page at http://www.epa.gov/osw/laws-regs/state/index.htm.

H. Where are the revised Missouri rules different from the Federal 
rules?

1. Rules for Which Missouri is Not Seeking Authorization

    Missouri is not being authorized for the following RCRA revisions 
that are found in 40 CFR as of July 1, 2006:
    (a) Missouri is not seeking authorization for, and has 
appropriately left authority with EPA, for the majority of the non-
delegable Federal rules that address specific functions for which EPA 
must retain authority, including treatment standards variances at 40 
CFR 268.44(a)-(g) and hazardous waste imports and exports (40 CFR part 
262, subparts E and H and other related requirements). However, 
Missouri has not left authority to EPA for the non-delegable provisions 
at: 40 CFR 261.39(a)(5)(exports of cathode ray tubes); 40 CFR 262.21 
(Manifest Registry); 40 CFR 262.60(c), (d) and (e) (40 CFR part 262, 
subpart F export requirements); and 40 CFR 263.20(g)(4), 264.71(a)(3), 
and 265.71(a)(3)(Manifest copies for imports and exports of hazardous 
waste). EPA will continue to implement these requirements as 
appropriate.
    (b) Missouri has adopted but has sought formal authorization and is 
not being authorized for the portions of the Federal program addressing 
the Burning of Hazardous Waste in Boilers and Industrial Furnaces 
(BIFs) that were introduced into the Federal code by a February 21, 
1991 final rule (56 FR 7134; Revision Checklist 85) and subsequently 
amended by the following Federal rules: July 17, 1991 (56 FR 32688; 
revision Checklist 94); August 27, 1991 (56 FR 42504; Revision 
Checklist 96); September 5, 1991 (56 FR 43874; Revision Checklist 98); 
August 25, 1992 (57 FR 38558; Revision Checklist 111); September 30, 
1992 (57 FR 44999; Revision Checklist 114); November 9, 1993 (58 FR 
59598; Revision Checklist 127); and April 15, 1998 (63 FR 18504; 
Revision Checklist 164). As noted in the table in Section G, several of 
the final rules for which Missouri is receiving authorization address 
hazardous waste combustors and affect provisions from 40 CFR part 266, 
subpart H, 270.22 and 270.66 that apply to the requirements for boilers 
and industrial furnaces. Missouri is not receiving authorization for 
these BIF provisions as part of this authorization.
    (c) Missouri has adopted but has not sought formal authorization 
and is not being authorized for the Universal Waste and Oil programs 
(40 CFR parts 273 and 279) as addressed by the following final rules: 
Used Oil--September 10, 1992 (57 FR 41566; Revision Checklist 112); May 
13, 1993 as amended on June 17, 1993 (58 FR 26420 and 58 FR 33341; 
Revision Checklist 122); March 4, 1994 (59 FR 10550; Revision Checklist 
130); May 6, 1998 as amended on July 14, 1998 (63 FR 24963 and 63 FR 
37780; Revision Checklist 166); and July 30, 2003 (68 FR 44659; 
Revision Checklist 203); and Universal Waste--May 11, 1995 (60 FR 
25492; Revision Checklist 142A- E); December 24, 1998 (63 FR 71225 
Revision Checklist 176); July 6, 1999 (64 FR 36466; Revision Checklist 
181); and August 5, 2005 (70 FR 45508; Revision Checklist 209).
    (d) Missouri has adopted but has not sought formal authorization 
and is not being authorized for the RCRA Expanded Public Participation

[[Page 65319]]

requirements introduced by the final rule published on December 11, 
1995 (60 FR 63417; Revision Checklist 148).
    (e) Missouri is not seeking authorization for the National 
Environmental Performance Track Program (April 22, 2004, 69 FR 21737; 
as amended October 25, 2004, 69 FR 62217; Revision Checklist 204). On 
May 14, 2009, EPA terminated the National Performance Track Program. In 
addition, Missouri has adopted but is not being authorized for the 
April 4, 2006 (71 FR 16862; revision Checklist 213) changes relative to 
the Performance Track program.
    (f) Missouri has chosen not to adopt nor seek authorization for the 
final rules that make up the Wood Preserving Listings; however, in its 
incorporation by reference of 40 CFR part 261 at 10 CSR 25-4.261(1), 
Missouri has not excluded the changes addressed by the following Wood 
Preserving Listings final rules: July 1, 1991 (56 FR 30192; Revision 
Checklist 92), December 24, 1992 (57 FR 61492; Revision Checklist 120) 
and May 26, 1998 (63 FR 28556; Revision Checklist 167F). Similarly, 
Missouri has not excluded the final rule addressed by Revision 
Checklist 92 from its incorporation by reference of 40 CFR part 262 at 
10 CSR 25-5.262(1).
    (g) At 10 CSR 25-7.270(2)(D)6., Missouri excludes 40 CFR 
270.42(j)(1) and (j)(2) from the incorporation by reference of 40 CFR 
part 270. To be consistent with the Federal program, Missouri needs to 
amend the language at 10 CSR 25-7.270(2)(D)6 to exclude the entire 
270.42(j). Due to this error the Missouri provision is being excluded 
from the authorization of the final rules addressed by Revision 
Checklists 188 and 212.

2. More Stringent Missouri Rules

    The Missouri hazardous waste program contains some provisions that 
are more stringent than is required by the RCRA program as codified in 
the July 1, 2006 edition of title 40 of the Code of Federal 
Regulations. These more stringent provisions are being recognized as a 
part of the Federally-authorized program. The specific more stringent 
provisions are also noted in Missouri's authorization application. They 
include, but are not limited to, the following:
    (a) At 10 CSR 25-5.262(2)(B) 1 and 2, Missouri is more stringent 
because the State requires generators to list the Missouri-specific 
acute hazardous waste code MH01 or MH02, as applicable, for wastes that 
are not regulated as acute hazardous wastes under the Federal program.
    (b) At 10 CSR 25-5.262(2)(E), Missouri is more stringent in that 
the State requires that all documents sent to EPA in compliance with 40 
CFR 262.54(c) and (e), also be sent to the Missouri Department of 
Natural Resources.
    (c) At 10 CSR 25-5.262(2)(F), Missouri is more stringent because it 
includes several state-specific requirements with which United States 
importers must also comply including registering as a Missouri 
generator and additional recordkeeping requirements.
    (d) At 10 CSR 25-6.263(2)(B)1, Missouri has adopted language in 
lieu of the Federal provisions at 40 CFR 263.20(a) that is more 
stringent than the Federal language including requirements related to 
the licensing of transporters and recordkeeping requirements for 
conditionally exempt small quantity generator waste.
    (e) At 10 CSR 25-7.264(2)(E)1 and 2, in addition to the Federal 
requirements incorporated by reference at 10 CSR 25-7.264(1), Missouri 
is more stringent in that the state requires additional recordkeeping 
requirements for Treatment Storage and Disposal Facilities including 
the requirement to submit copies of manifests to the State.

I. Who handles permits after the authorization takes effect?

    After authorization, Missouri will issue permits for all the 
provisions for which it is authorized and will administer the permits 
issues. EPA will continue to administer any RCRA hazardous waste 
permits or portions of permits that we issued prior to the effective 
date of this authorization. Until such time as formal transfer of EPA 
permit responsibility to Missouri occurs and EPA terminates its permit, 
EPA and Missouri agree to coordinate the administration of permits in 
order to maintain consistency. We will not issue any more new permits 
or new portions of permits for the provisions listed in Section G 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.

J. How does this action affect Indian country (18 U.S.S. 115) in 
Missouri?

    Missouri is not seeking authorization to operate the program on 
Indian lands, since there are no Federally-recognized Indian lands in 
Missouri.

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 272, subpart AA for this authorization of 
Missouri's program changes until a later date.

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 would not significantly or uniquely affect the communities of 
Tribal governments, as specified by Executive Order 13175 (65 FR 67249, 
November 9, 2000). In any case, Executive Order 13175 does not apply to 
this rule since there are no Federally-recognized tribes in the State 
of Missouri.
    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 that may disproportionately affect 
children. 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

[[Page 65320]]

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. 3701, et seq.) 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 18, 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. 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 is not a ``major 
rule'' as defined by U.S.C. 804(2); this action will be effective 
December 26, 2012.

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 
202(a), 3006 and 7004(b) of the Solid Waste Disposal Act, as 
amended, 42 U.S.C. 6912(a), 6926, 6974(b).

    Dated: October 11, 2012.
Karl Brooks,
Regional Administrator, Region 7.
[FR Doc. 2012-26430 Filed 10-25-12; 8:45 am]
BILLING CODE 6560-50-P