[Federal Register Volume 88, Number 184 (Monday, September 25, 2023)]
[Rules and Regulations]
[Pages 65621-65626]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20523]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 271 and 272

[EPA-R08-RCRA-2023-0034; FRL 10614-02-R8]


Wyoming: Final Authorization of State Hazardous Waste Management 
Program Revisions and Incorporation by Reference

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The State of Wyoming Department of Environmental Quality has 
applied to the Environmental Protection Agency (EPA) for final 
authorization of the changes to its hazardous waste program under the 
Resource Conservation and Recovery Act (RCRA). The EPA has determined 
that these changes satisfy all requirements needed to qualify for final 
authorization and is authorizing the State's changes through this 
direct final action. The EPA uses the regulations entitled ``Approved 
State Hazardous Waste Management Programs'' to provide notice of the 
authorization status of State programs and to incorporate by reference 
those provisions of State statutes and regulations that will be subject 
to the EPA's inspection and enforcement. This rule also codifies in the 
regulations the approval of Wyoming's hazardous waste management 
program and incorporates by reference authorized provisions of the 
State's regulations.

DATES: This direct final rule is effective on November 24, 2023 unless 
the EPA receives adverse written comment by October 25, 2023. If the 
EPA receives any such comment, we will publish a timely withdrawal of 
this direct final rule in the Federal Register informing the public 
that the rule will not take effect. The Director of the Federal 
Register approves the incorporation by reference as of November 24, 
2023, in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
RCRA-2023-0034; FRL 10614-02-R8 by one of the following methods:
    1. Federal eRulemaking Portal: https://www.regulations.gov. Follow 
the online instructions for submitting comments.
    2. Email: [email protected].
    3. Fax: (303) 312-6341 (prior to faxing, please notify the EPA 
contact listed below).
    4. Mail, Hand Delivery or Courier: Moye Lin, Resource Conservation 
and Recovery Branch, EPA Region 8, Mailcode 8LCR-RC, 1595 Wynkoop 
Street, Denver, Colorado 80202-1129. Courier or hand deliveries are 
only accepted during the Regional Office's normal hours of operation. 
The public is advised to call in advance to verify business hours. 
Special arrangements should be made for deliveries of boxed 
information.
    Instructions: The EPA must receive your comments by October 25, 
2023. Direct your comments to EPA-R08-RCRA-2023-0034; FRL 10614-02-R8. 
The EPA's policy is that all comments received will be included in the 
public docket without change and may be available online at https://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 information that you consider to 
be CBI or otherwise protected through https://regulations.gov, or 
email. The Federal https://www.regulations.gov website is an 
``anonymous access'' system, which means the 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 the EPA without 
going through https://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, the EPA recommends that you include your 
name and other contact information in the body of your comment with any 
CD you submit. If the EPA cannot read your comment due to technical 
difficulties and cannot contact you for clarification, the 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 docket are listed in the https://www.regulations.gov index. Although listed in the index, some 
information is not 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 electronically 
through https://www.regulations.gov. For alternative access to docket 
materials, please contact the person identified in the FOR FURTHER 
INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Moye Lin, Resource Conservation and 
Recovery Branch, EPA Region 8, 1595 Wynkoop Street, Denver, Colorado 
80202-1129; phone number (303) 312-6667; Email address: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Authorization of Revisions to Wyoming's Hazardous Waste Program

A. Why are revisions to State programs necessary?

    States which have received final authorization from the 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 the 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 the EPA's regulations in 40 Code of Federal 
Regulations (CFR) parts 124, 260 through 268, 270, 273 and 279.

B. What authorization decisions has the EPA made in this rule?

    On June 17, 2022, Wyoming submitted a program revision application 
seeking authorization of changes to its hazardous waste program. The 
EPA concludes that Wyoming's applications to revise its authorized 
program meet all of the statutory and regulatory requirements 
established by RCRA. Therefore, we grant Wyoming final authorization to 
operate its hazardous waste program with the changes described in the 
authorization application. Wyoming has responsibility for permitting 
Treatment, Storage, and Disposal Facilities (TSDFs), 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), for all areas within the State, except 
for (1) lands located within formal Indian Reservations within or 
abutting the State of Wyoming, including Wind River Indian Reservation, 
(2) any land held in trust by the United States for an Indian tribe, 
(3) and any other land,

[[Page 65622]]

whether on or off a reservation that qualifies as ``Indian country'' 
within the meaning of 18 U.S.C. 1151. New Federal requirements and 
prohibitions imposed by Federal regulations that the EPA promulgates 
under the authority of HSWA take effect in authorized States before 
they are authorized for the requirements. Thus, the EPA will implement 
those requirements and prohibitions in Wyoming, including issuing 
permits, until Wyoming is authorized to do so.

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

    The effect of this decision is that a facility in Wyoming subject 
to RCRA will have to comply with the authorized State requirements 
instead of the equivalent Federal requirements in order to comply with 
RCRA. The State of Wyoming will continue to have enforcement 
responsibilities under its State hazardous waste program for violations 
of such program, but the EPA retains its authority under RCRA sections 
3007, 3008, 3013, and 7003, which include, among others, authority to:
     Conduct inspections and require monitoring, tests, 
analyses, or reports;
     Enforce RCRA requirements; suspend or revoke permits; and
     Take enforcement actions after notice to and consultation 
with the State.
    This action to approve these provisions would not impose additional 
requirements on the regulated community because the regulations for 
which the State of Wyoming is requesting authorization are already 
effective under State law and are not changed by the act of 
authorization.

D. Why is the EPA using a direct final rule?

    The EPA is publishing this rule without a prior proposal because we 
view this as a noncontroversial action and anticipate no adverse 
comment. However, in the ``Proposed Rules'' section of this issue of 
the Federal Register, we are publishing a separate document that will 
serve as the proposed rule allowing the public an opportunity to 
comment. We will not institute a second comment period on this action. 
Any parties interested in commenting must do so at this time. For 
further information about commenting on this rule, see the ADDRESSES 
section of this document.

E. What happens if the EPA receives comments opposing this action?

    If the EPA receives comments that oppose this authorization, we 
will publish a timely withdrawal in the Federal Register informing the 
public that this direct final rule will not take effect. We will 
address all public comments in a later Federal Register document. You 
will not have another opportunity to comment, therefore, if you want to 
comment on this action, you must do so at this time.

F. For what has Wyoming previously been authorized?

    Wyoming initially received Final authorization on October 4, 1995, 
effective October 18, 1995 (60 FR 51925) to implement the RCRA 
hazardous waste management program. We granted authorization for 
changes to their program on: February 25, 1999, effective August 6, 
2001 (56 FR 15503); however, this authorization was subsequently 
withdrawn on April 23, 1999 (64 FR 19925) and re-issued with the 
initial effective date of August 6, 2001 (66 FR 40911). Most recently, 
the EPA granted authorization for changes to Wyoming's program on June 
24, 2016, effective August 23, 2016 (81 FR 41229).

G. What changes is the EPA authorizing with this action?

    On June 17, 2022, the State of Wyoming submitted a program revision 
application seeking authorization of their changes in accordance with 
40 CFR 271.21. We now make a final decision, subject to receipt of 
written comments that oppose this action, that Wyoming's hazardous 
waste program satisfies all of the requirements necessary to qualify 
for final authorization. Therefore, we grant Wyoming final 
authorization for the following changes:
1. Program Revision Changes for Federal Rules
    The State of Wyoming revisions consist of regulations which 
specifically govern Federal hazardous waste revisions promulgated 
between February 7, 2014, and July 7, 2020, Revision Checklists 231 
through 243, (RCRA Clusters XXIII through XXIX). The State requirements 
from its Hazardous Waste Rules and Regulations, Chapter 1, General 
Provisions, Sections 1 through 279 are listed in the chart below.

------------------------------------------------------------------------
    Description of federal       Federal Register     Analogous State
          requirement             date and page          authority
------------------------------------------------------------------------
Hazardous Waste Electronic      79 FR 7518; 02/07/ HWRR, Chapter 1,
 Manifest Rule (Checklist 231).  14.                Sections 3(a)(vii),
                                                    260(a) intro., 262
                                                    intro., 263 intro.,
                                                    263(b), 264(a)
                                                    intro., 264(a)(vi),
                                                    and 265(a) intro.
Revisions to the Export         79 FR 36220; 6/26/ HWRR, Chapter 1,
 Provisions of the Cathode Ray   14.                Sections 260(a)
 Tube (CRT) Rule (Checklist                         intro., 261(a)
 232).                                              intro., and
                                                    261(a)(ii) and
                                                    (iii).
                                                   [More stringent
                                                    provision:
                                                    261(a)(iii)]
Revisions to the Definition of  80 FR 1694-1814;   HWRR, Chapter 1,
 Solid Waste (Checklists 233A,   01/13/15.          Sections 260(a)
 B, C, D2, and E).              83 FR 24664-        intro., 261(a)
                                 24671; 05/30/18.   intro., 261(b)(i)
                                                    and (ii), and 270(a)
                                                    intro.
                                                   [More stringent
                                                    provision: 261(b)]
Response to Vacaturs of the     80 FR 18777; 4/8/  HWRR, Chapter 1,
 Comparable Fuels Rule and the   15.                Section 2(b) and
 Gasification Rule (Checklist                       261(a) intro.
 234).
Disposal of Coal Combustion     80 FR 21302; 4/17/ HWRR, Chapter 1,
 Residuals from Electric         15.                Section 261(a)
 Utilities (Checklist 235).                         intro.
Imports and Exports of          81 FR 85696; 11/   HWRR, Chapter 1,
 Hazardous Waste (Checklist      28/16.             Sections 3(a)(vii),
 236).                          82 FR 41015; 8/29/  260(a) intro.,
                                 17.                261(a) intro.,
                                83 FR 38263; 8/6/   261(a)(ii), 262
                                 18.                intro., 263 intro.,
                                                    263(a), 263(b),
                                                    263(a)(iii) in 3/18/
                                                    15 regs. [Removed],
                                                    264(a) intro.,
                                                    264(a)(ii),
                                                    264(a)(vi), 265(a)
                                                    intro., 265(a)(iii),
                                                    265(a)(iv), 266(a)
                                                    intro., 267 intro.,
                                                    and 273(a) intro.
                                                   [More stringent
                                                    provision: 262(d)]

[[Page 65623]]

 
Hazardous Waste Generator       81 FR 85732; 11/   HWRR, Chapter 1,
 Improvements Rule (Checklist    28/16.             Sections 3(f),
 237).                                              260(a) intro.,
                                                    261(a) intro.,
                                                    261(a)(iv) in 3/18/
                                                    15 regs. [Removed],
                                                    262 intro.,
                                                    262(a)(i) in 3/18/15
                                                    regs. [Removed],
                                                    262(a)(vi) in 3/18/
                                                    15 regs. [Removed],
                                                    262(b), 262(c),
                                                    262(e), 262(f), 263
                                                    intro., 264(a)
                                                    intro., 265(a)
                                                    intro., 266(a)
                                                    intro., 267 intro.,
                                                    268 intro., 270(a)
                                                    intro., 273(a)
                                                    intro., and 279
                                                    intro.
                                                   [More stringent
                                                    provision: 3(f),
                                                    262(f), 264(a)
                                                    intro.]
Confidentiality Determinations  83 FR 60894; 12/   HWRR, Chapter 1,
 for Hazardous Waste Export      26/17.             Sections 3(a)(vii),
 and Import Documents                               260(a) intro. and
 (Checklist 238).                                   261(a) intro.,
                                                    261(a)(ii)
Hazardous Waste Electronic      83 FR 420; 01/03/  HWRR, Chapter 1,
 Manifest User Fee Rule          18.                Sections 3(a)(vii),
 (Checklist 239).                                   260(a) intro. 262
                                                    intro., 262(a)(iii),
                                                    263 intro., 263(a),
                                                    264(a) intro., and
                                                    265(a) intro.
                                                   [More stringent
                                                    provision: 262(d)]
Safe Management of Recalled     83 FR 61552; 11/   HWRR, Chapter 1,
 Airbags (Checklist 240).        30/18.             Sections 260(a)
                                                    intro., 261(a)
                                                    intro., and 262
                                                    intro.
Management Standards for        84 FR 5816; 02/22/ HWRR, Chapter 1,
 Hazardous Waste                 19.                Sections 261(a)
 Pharmaceuticals and Amendment                      intro., 262 intro.,
 to the P075 Listing for                            264(a) intro.,
 Nicotine (Checklist 241).                          265(a) intro.,
                                                    266(a) intro., 268
                                                    intro., 270(a)
                                                    intro., and 273(a)
                                                    intro.
Universal Waste Regulations;    84 FR 67202; 12/9/ HWRR, Chapter 1,
 Addition of Aerosol Cans        19.                Sections 260(a)
 Checklist 242).                                    intro., 261(a)
                                                    intro., 264(a)
                                                    intro., 265(a)
                                                    intro., 268 intro.,
                                                    270(a) intro., and
                                                    273(a) intro.
Modernizing Ignitable Liquids   85 FR 40594; 07/7/ HWRR, Chapter 1,
 Determinations (Checklist       20.                Sections 260(a)
 243).                                              intro. and 261(a)
                                                    intro.
------------------------------------------------------------------------

2. State-Initiated Changes
    Wyoming has made amendments to its regulations that are not 
directly related to any of the Federal rules addressed in Item G.1 
above. These State-initiated changes are either conforming changes made 
to existing authorized provisions, or the adoption of provisions that 
clarify and make the State's regulations internally consistent. The 
State's regulations, as amended by these provisions, provide authority 
which remains equivalent to and no less stringent than the Federal laws 
and regulations. These State-initiated changes are submitted under the 
requirements of 40 CFR 271.21(a) and include the following provisions 
from the Hazardous Waste Rules and Regulations (HWRR), Chapter 1, as 
amended, effective April 7, 2022: HWRR 2(c), 3(b) ``Administrator'' or 
``Regional Administrator'', 3(c) ``Board'' or ``Environmental Appeals 
Board'', 3(g) ``Qualified Professional Geologist'', 3(h) ``RCRA'', 3(k) 
``United States'' or ``U.S.'', 4(a) ``Air contaminant'', 4(b) ``Air 
pollution'', 4(u) ``One excess cancer per million people'', 4(v) 
``Potentially exposed populations'', 4(z) ``Waste material'', 
260(a)(i), 260(a)(ii), 264(a)(iv), 264(d)(iii) introductory paragraph, 
264(h)(i) introductory paragraph, (A) and (B), 264(i)(viii), 264(j), 
265(b), 266(b)(iv), 267(a), 270(a)(iv), and 270(a)(xviii).

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

    The Wyoming revisions being authorized in this rule include 
provisions that contain purely Federal functions which are not 
delegable to States. The non-delegable Federal program areas include 
import/export requirements reserved as part of the Federal foreign 
relations function, and manifest registry and electronic manifest 
functions administered solely by the EPA. Wyoming has appropriately 
adopted these provisions by leaving the authority with the EPA for 
implementation and enforcement.
    When revised State rules differ from the Federal rules in the RCRA 
State authorization process, the EPA determines whether the State rules 
are equivalent to, more stringent than, or broader in scope than the 
Federal program. Pursuant to RCRA section 3009, 42 U.S.C. 6929, State 
programs may contain requirements that are more stringent than the 
Federal regulations. Such more stringent requirements can be federally 
authorized and, once authorized, become federally enforceable. Although 
the statute does not prevent States from adopting regulations that are 
broader in scope than the Federal program, States cannot receive 
Federal authorization for such regulations, and they are not federally 
enforceable.
    We consider the following State requirements to be more stringent 
than the Federal requirements: HWRR, Chapter 1, Sections 3(f), 3(g), 
261(a)(iii), 261(b), 262(d), and 262(f), for the following reasons.
    At Sections 3(f) and 3(g), Wyoming requires both professional 
engineers and professional geologists to be registered in the State 
when referring to activities requiring Professional Engineer or 
Professional Geologist certification.
    At 261(a)(iii), 262(a)(v), 262(d), and 262(f), Wyoming requires 
copies of necessary notifications and reports be made and submitted to 
the Director or State agency in addition to the required Federal 
notification or reporting.
    The State did not make any changes that are broader-in-scope than 
the Federal rules in this rulemaking. In addition, Wyoming 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?

    The State of Wyoming will continue to issue permits for all the 
provisions for which it is authorized and will administer the permits 
it issues. The EPA will continue to administer any RCRA hazardous waste 
permits or portions of permits which we issued prior to the effective 
date of this authorization, until Wyoming has equivalent instruments in 
place. The EPA will implement and issue permits for HSWA requirements 
for which Wyoming is not yet authorized.

J. How does today's action affect Indian Country (18 U.S.C.1151) in 
Wyoming?

    Wyoming is not authorized to carry out its hazardous waste program 
in Indian country, as defined in 18 U.S.C. 1151. This includes, but is 
not limited to:
    1. Lands within the exterior boundaries of the following Indian

[[Page 65624]]

Reservations located within or abutting the State of Wyoming:
    a. Wind River Indian Reservation
    2. Any land held in trust by the U.S. for an Indian tribe; and
    3. Any other land, whether on or off a reservation that qualifies 
as Indian country within the meaning of 18 U.S.C. 1151.
    Therefore, this program revision does not extend to Indian country 
where the EPA will continue to implement and administer the RCRA 
program.

II. Incorporation by Reference

    Codification is the process of including the statutes and 
regulations that comprise the State's authorized hazardous waste 
management program into the CFR. Section 3006(b) of RCRA, as amended, 
allows the Environmental Protection Agency (EPA) to authorize State 
hazardous waste management programs. The EPA is incorporating by 
reference EPA's approval of Wyoming's hazardous waste management 
program by amending Subpart ZZ to 40 CFR part 272. The action amends 
Sec.  272.2551 and incorporates by reference Wyoming's authorized 
hazardous waste regulations, as amended effective April 7, 2022. The 
State regulations authorized by EPA supplant the Federal regulations 
concerning the same matter with the result that after authorization EPA 
enforces the authorized regulations as described in paragraphs I. and 
II in this Supplementary Information. The EPA has made these documents 
available electronically through https://www.regulations.gov and will 
continue to make these documents available. For alternative access to 
docket materials, please contact the person identified in the ADDRESSES 
section of this preamble.

III. Administrative Requirements

    The Office of Management and Budget (OMB) has exempted this action 
from the requirements of Executive Orders 12866 (58 FR 51735, October 
4, 1993) and 13563 (76 FR 3821, January 21, 2011). Therefore, this 
action is not subject to review by OMB. This action authorizes and 
codifies 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 
and codifies 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 and codifies 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), the 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 the 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, the EPA has taken the necessary steps to 
eliminate drafting errors and ambiguity, minimize potential litigation, 
and provide a clear legal standard for affected conduct. The 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.).
    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes 
federal executive policy on environmental justice. Its main provision 
directs federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high 
and adverse human health or environmental effects of their programs, 
policies, and activities on minority populations and low-income 
populations in the United States. Because this rule authorizes pre-
existing State rules which are at least equivalent to, and no less 
stringent than existing Federal requirements and imposes no additional 
requirements beyond those imposed by State law, and there are no 
anticipated significant adverse human health or environmental effects, 
the rule is not subject to Executive Order 12898.
    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. The 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 November 24, 2023.

List of Subjects

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.

40 CFR Part 272

    Hazardous materials transportation, Hazardous waste, Incorporation 
by reference, Intergovernmental relations, Water pollution control, 
Water supply.

    Authority: This rule 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).


[[Page 65625]]


    Dated: August 31, 2023.
KC Becker,
Regional Administrator, Region 8.

    For the reasons set forth in the preamble, under the authority at 
42 U.S.C. 6912(a), 6926, and 6974(b), the EPA is amending 40 CFR part 
272 as follows:

PART 272--APPROVED STATE HAZARDOUS WASTE MANAGEMENT PROGRAMS

0
1. The authority citation for part 272 continues to read as follows:

    Authority:  Secs. 2002(a), 3006, and 7004(b) of the Solid Waste 
Disposal Act, as amended by the Resource Conservation and Recovery 
Act of 1976, as amended, 42 U.S.C. 6912(a), 6926, and 6974(b).


0
2. Revise Sec.  272.2551 to read as follows:


Sec.  272.2551  Wyoming State-Administered Program: Final 
Authorization.

    (a) History of the State of Wyoming authorization. Pursuant to 
section 3006(b) of RCRA, 42 U.S.C. 6926(b), Wyoming has final 
authorization for the following elements as submitted to the EPA in 
Wyoming's base program application for final authorization which was 
approved by the EPA effective on October 18, 1995. Subsequent program 
revision applications were approved effective on August 6, 2001, August 
23, 2016, and November 24, 2023.
    (b) Enforcement authority. The State of Wyoming has primary 
responsibility for enforcing its hazardous waste management program. 
However, the EPA retains the authority to exercise its inspection and 
enforcement authorities in accordance with sections 3007, 3008, 3013, 
7003 of RCRA, 42 U.S.C. 6927, 6928, 6934, 6973, and any other 
applicable statutory and regulatory provisions, regardless of whether 
the State has taken its own actions, as well as in accordance with 
other statutory and regulatory provisions.
    (c) State Statutes and Regulations--(1) Incorporation by reference. 
The Wyoming regulations cited in paragraph (c)(1)(i) of this section 
are incorporated by reference as part of the hazardous waste management 
program under Subtitle C of RCRA, 42 U.S.C. 6921 et seq. The Director 
of the Federal Register approves this incorporation by reference in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. For the availability 
of this information at the National Archives and Records Administration 
(NARA) and at the EPA, see Sec.  272.2. You may access copies of the 
Wyoming regulations that are incorporated by reference in this 
paragraph from the Wyoming Secretary of State's Office, Herschler 
Building East, 122 West 25th Street, Suite 100, Cheyenne, WY 82002-
0020, (Phone: (307) 777-5847; website: https://rules.wyo.gov/).
    (i) ``EPA-Approved Wyoming Regulatory Requirements Applicable to 
the Hazardous Waste Management Program,'' dated December 2022.
    (ii) [Reserved]
    (2) Legal basis. The following provisions provide the legal basis 
for the State's implementation of the hazardous waste program, but they 
are not being incorporated by reference and do not replace Federal 
authorities:
    (i) Wyoming Statutes Annotated (W.S.), as amended, 2021 Edition, 
Title 16, City, County, State, and Local Powers: Chapter 1, 
Intergovernmental Cooperation, section 16-1-101; Chapter 3, 
Administrative Procedure, sections 16-3-101(b)(vi), 16-3-103(h), 16-3-
107(k); Chapter 4, Uniform Municipal Fiscal Procedures, Public Records, 
Documents and Meetings, sections 16-4-201 through 16-4-205.
    (ii) W.S., as amended, 2021 Edition, Title 35, Public Health and 
Safety: Chapter 11, Environmental Quality, Article 1, General 
Provisions, sections 35-11-102, 35-11-103(a), 35-11-103(d)(i), 35-11-
103(d)(ii), 35-103(d)(vii), 35-11-104 through 35-11-106, 35-11-108 
through 35-11-115; Article 5, Solid Waste Management, sections 35-11-
501 through 35-11-503 (except 35-11-503(b) and (c)), 35-11-504 through 
35-11-506, 35-11-508, 35-11-509, 35-11-514, 35-11-516, 35-11-518 
through 35-11-520; Article 9, Penalties, sections 35-11-901(a), (j), 
and (k); Article 11, Miscellaneous Provisions, sections 35-11-1101, 35-
11-1105(d), 35-11-1106(a)(iv); Article 16, Voluntary Remediation of 
Contaminated Sites, section 35-11-1607(e).
    (iii) Wyoming Rules of Civil Procedure, as amended, Rule 24.
    (iv) Wyoming Hazardous Waste Rules and Regulations, Chapter 1, 
General Provisions: sections 1(a) through (c); 2(a) (except (a)(1)), 
(d) and (e); 124 (except 124(g)(v)); 260(b)(ii); and 270(m) through 
270(o).
    (v) Wyoming Department of Environmental Quality, Rules of Practice 
and Procedure, as amended February 14, 1994, Chapter III.
    (3) Related legal provisions. The following statutory and 
regulatory provisions are broader in scope than the Federal program, 
are not part of the authorized program, are not incorporated by 
reference and are not federally enforceable:
    (i) W.S., as amended, 2021 Edition, Title 35, Public Health and 
Safety: Chapter 11, Environmental Quality, Article 5, Solid Waste 
Management, section 35-11-517; Chapter 12, Industrial Development and 
Siting, sections 35-12-101, et seq.
    (ii) Wyoming Solid and Hazardous Waste Management Rules, Chapter 1, 
General Provisions: sections 264(d)(i) [with respect to the Wyoming 
Voluntary Remediation Program only]; 264(d)(ii); and 270(l).
    (iii) [Reserved]
    (4) Unauthorized State Amendments. Wyoming has adopted but is not 
authorized for the following Federal final rules:
    (i) Imports and Exports of Hazardous Waste: Implementation of OECD 
Council Division (61 FR 16290, April 12, 1996) (HSWA--Not delegable to 
States); and
    (ii) OECD Requirements; Export Shipments of Spent Lead Acid 
Batteries (75 FR 1236, January 8, 2010) (Non-HSWA--Not delegable to 
States).
    (iii) Those Federal rules written under RCRA provisions that 
predate HSWA (non-HSWA) which the State has adopted, but for which it 
is not authorized, are not Federally enforceable. In contrast, the EPA 
will continue to enforce the Federal HSWA standards for which Wyoming 
is not authorized until the State receives specific authorization from 
the EPA.
    (5) Memorandum of Agreement. The Memorandum of Agreement between 
the EPA Region 8 and the State of Wyoming, signed by the State of 
Wyoming Department of Environmental Quality on March 7, 2016, and by 
the EPA Regional Administrator on July 28, 2016, although not 
incorporated by reference, are referenced as part of the authorized 
hazardous waste management program under subtitle C of RCRA, 42 U.S.C. 
6921 et seq.
    (6) Statement of Legal Authority. ``Independent Legal Counsel 
Statement'', accompanied by an Attorney General concurrence letter 
signed by the Attorney General of Wyoming on July 14, 1995, and 
revisions, supplements and addenda to that Statement accompanied by 
Attorney General concurrence letters dated December 9, 1997, May 11, 
2015, and May 25, 2022, although not incorporated by reference, are 
referenced as part of the authorized hazardous waste management program 
under subtitle C of RCRA, 42 U.S.C. 6921 et seq.
    (7) Program Description. The Program Description and any other 
materials submitted as supplements thereto, although not incorporated 
by reference, are referenced as part of the authorized hazardous waste 
management program

[[Page 65626]]

under subtitle C of RCRA, 42 U.S.C. 6921 et seq.

0
3. Appendix A to part 272, State Requirements, is amended by revising 
the listing for ``Wyoming'' to read as follows:

Appendix A to Part 272--State Requirements

* * * * *

Wyoming

    The regulatory provisions include:
    Wyoming Hazardous Waste Rules and Regulations, as amended 
effective April 7, 2022, Chapter 1, General Provisions, sections 
2(b), 2(c); 3; 4; 124(g)(v); 260 (except 260(b)(ii)); 261; 262; 263; 
264(a) through 264(c), 264(d)(i) (except the citation ``W.S. 35-11-
1607'' and the phrase ``or a signed remedy agreement pursuant to 
W.S. 35-11-1607'' in the first sentence), 264(d)(iii), 264(e) 
through 264(j); 265; 266; 267; 268; 270(a) through 270(k); 273; and 
279.
    Copies of the Wyoming regulations that are incorporated by 
reference are available from the Wyoming Secretary of State's 
Office, Herschler Building East, 122 West 25th Street, Suite 100, 
Cheyenne, WY 82002-0020, (Phone: (307) 777-5847; website: https://rules.wyo.gov/).

[FR Doc. 2023-20523 Filed 9-22-23; 8:45 am]
BILLING CODE 6560-50-P