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Oklahoma: Final Authorization of State Hazardous Waste Management Program Revisions
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: January 2, 2001 (Volume 66, Number 1)]
[Rules and Regulations]
[Page 28-33]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02ja01-10]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-6923-6]
Oklahoma: Final Authorization of State Hazardous Waste Management
Program Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Immediate final rule.
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SUMMARY: The State of Oklahoma has applied for Final authorization of
the changes to its Hazardous Waste Program under the Resource
Conservation and
[[Page 29]]
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 immediate final action.
The EPA is publishing this rule to authorize the changes without a
prior proposal because we believe this action is not controversial and
do not expect comments that oppose it. Unless we get written comments
which oppose this authorization during the comment period, the decision
to authorize the Oklahoma Department of Environmental Quality`s (ODEQ)
changes to their hazardous waste program will take effect. If we get
comments that oppose this action, we will publish a document in the
Federal Register withdrawing this rule before it takes effect and a
separate document in the proposed rules section of this Federal
Register will serve as a proposal to authorize the changes.
DATES: This immediate final rule is effective on March 5, 2001 unless
EPA receives adverse written comments by February 1, 2001. If EPA
receives such comments, it will publish a timely withdrawal of this
immediate final rule in the Federal Register and inform the public that
this authorization will not take effect.
ADDRESSES: Written comments, referring to Docket Number OK-00-3, should
be sent to Alima Patterson Region 6 Regional Authorization Coordinator,
Grants and Authorization Section (6PD-G), Multimedia Planning and
Permitting Division, EPA Region 6, 1445 Ross Avenue, Dallas, Texas
75202-2733. Copies of Oklahoma program revision application and the
materials which EPA used in evaluating the revision are available for
inspection and copying from 8:30 a.m. to 4:00 p.m. Monday through
Friday at the following addresses: Oklahoma Department of Environmental
Quality, 707 North Robinson, Oklahoma City, Oklahoma 73101-1677, (405)
702-7180 and EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733,
(214) 665-6444.
FOR FURTHER INFORMATION CONTACT: Alima Patterson (214) 665-8533.
SUPPLEMENTARY INFORMATION:
A. Why Are Revisions to State Programs Necessary?
States that receive 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 Hazardous Waste 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, 260-266, 268, 270, 273, and 279.
B. What Is the Effect of Today's Authorization Decision?
The effect of this decision is that a facility in Oklahoma subject
to RCRA will have to comply with the authorized State requirements (in
portions of RCRA Cluster VIII and RCRA Cluster IX listed in this
document) instead of the equivalent federal requirements in order to
comply with RCRA. Oklahoma 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) Do inspections, and
require monitoring, tests, analyses or reports, (2) enforce RCRA
requirements and suspend or revoke permits, and (3) take enforcement
actions regardless of whether the State has taken its own actions. This
action does not impose additional requirements on the regulated
community because the regulations for which Oklahoma is being
authorized by today's action are already effective, and are not changed
by today's action.
C. What Is the History of Oklahoma's Final Authorization and Its
Revisions?
Oklahoma initially received Final Authorization on January 10,
1985, (49 FR 50362) to implement its base hazardous waste management
program. We authorized the following revisions: Oklahoma received
authorization for revisions to its program on June 18, 1990 (55 FR
14280), effective November 27, 1990; (55 FR 39274) effective June 3,
1991; (56 FR 13411) effective November 19, 1991; (56 FR 47675)
effective December 21, 1994; (59 FR 51116-51122) effective April 27,
1995; (60 FR 2699-2702) effective October 9, 1996; (61 FR 52884-52886),
Technical Correction effective March 14, 1997 (62 FR 12100); effective
February 8, 1999 (63 FR 67800-67802); (65 FR 16528) effective April 28,
2000 and effective July 10, 2000 (65 FR 29981-29985). The authorized
Oklahoma RCRA program was incorporated by reference into the CFR
effective December 13, 1993 (58 FR 52679-52682); and (63 FR 23673-
23678) effective July 14, 1998. On August 3, 2000, Oklahoma submitted a
final complete program revision application, seeking authorization of
its program revision in accordance with 40 CFR 271.21.
Oklahoma statutes provide authority for a single State agency, the
Oklahoma Department of Environmental Quality (ODEQ,) to administer the
provisions of the State Hazardous Waste Management Program. These
statutes are the Oklahoma Department of Environmental Quality Act, 27
O.S. Supplement (Supp) 1999 Secs. 1-1-101 et seq. General provisions of
the Oklahoma Environmental Quality Code which may affect the Hazardous
Waste Program are 27A O.S. Supplement (Supp). 1999 Secs. 2-1-101
through 2-3-507; and the Oklahoma Hazardous Waste Management Act
(OHWMA), 27A O.S. Supp. 1999 Secs. 2-7-101 et seq. No amendments were
made to the above statutory authorities during the 2000 legislative
session which will substantially affect the State Hazardous Waste
Management Program.
The Oklahoma Board adopted RCRA Cluster IX rules on February 25,
2000, as permanent rules. These permanent rules became effective on
June 12, 2000, to implement the State hazardous waste program, which
are codified in OAC 252:205 et seq.
These rules include provisions, found at OAC 252:205-3-1 through
252:205-3-6, to incorporate by reference, in accordance with the
Guidelines For State Adoption of Federal Regulations By Reference, the
following EPA Hazardous Waste Management Regulations as amended through
July 1, 1999. The provisions of Title 40 CFR part 124 which are
required by 40 CFR part 271.14 as well as parts 124.19 (a) through (c)
and (e), 124.31, and 124.32 and 124.33; 40 CFR parts 260-266, with the
exception of 40 CFR parts 260.20 through 260.22, 264.1(f), 264.149,
264.150, 264.301(1), the Appendix VI to part 264, 265.1(c)(4), and
265.149 and 265.150; 40 CFR part 268 except 268.5, 268.5, 268.6,
268.10, 268.11, 268.12, 268.13, 268.42(b), 268.44 (a), through (g) and
268.44 (m) through (p); 40 CFR part 270 except 270.14(b)(18); 40 CFR
part 273; and 40 CFR part 279). Additionally, the rules adopt the new
or superseding amendments to 40 CFR found in 64 FR 36465-36490
published July 6, 1999, dealing with hazardous waste lamps as a
universal waste.
The ODEQ remains the official agency of the State of Oklahoma, as
designated by 27A O.S. Supp. 1999 Section 2-7-105(13) to cooperate with
Federal agencies for purposes of hazardous waste regulation. The OHWMA
delegates authority to the ODEQ to administer the State hazardous waste
[[Page 30]]
program, including the statutory and regulatory provisions necessary to
administer the RCRA Cluster IX provisions. Included in this Federal
Register notice also are portions of RCRA Cluster VIII rules
(Checklists 166, 167 A, 167 B, 167 C & C.1, and 167 E) that were not
authorized when the State was granted authorization for RCRA Cluster
VIII effective July 10, 2000. However, the RCRA Cluster VIII
regulations were effective in the State on June 11, 1999. The DEQ is
the sole State agency responsible for administering the provisions of
the OHWMA.
At the present, the Oklahoma Corporation Commission (OCC) regulates
certain aspects of the oil and gas production and transportation
industry in Oklahoma, including certain waste generated by pipelines,
bulk fuel sales terminals and certain tank farms. The ODEQ and the OCC
have in place a ODEQ/OCC Jurisdictional Guidance Document that reflects
the current state of affairs between the two agencies. The current
ODEQ/OCC jurisdictional Guidance Document was amended and signed on
January 27, 1999. The ODEQ exclusively hazardous regulates waste in
Oklahoma (excluding Indian lands) and OCC does not regulate hazardous
waste in Oklahoma.
The revisions of the State program to include administration of the
provisions of portions of RCRA Cluster VIII and RCRA Cluster IX will
not require a change in responsibility for administration of the State
hazardous waste program.
D. What Changes Are We Approving With Today's Action?
On August 3, 2000, the State of Oklahoma submitted a final complete
program 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
the State of Oklahoma's hazardous waste program revision satisfies all
of the requirements necessary to qualify for Final authorization. The
State of Oklahoma revisions consist of regulations which specifically
govern Federal Hazardous Waste promulgated from July 1, 1998 to June
30, 1999 (RCRA Cluster IX) and also portion of RCRA Cluster VIII
promulgated from July 1, 1997 to June 30, 1998. Oklahoma requirements
are included in a chart with this document.
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Federal citation State analog
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1. Recycled Used Oil Management 27A O.S. Supp. 1998 Sec. 2-2-
Standards; Technical Correction and 104 Added by Laws 1994,
Clarification, [63 FR 24963] May 6, effective July 1, 1994,
1998. (Checklist 166). Annotated Oklahoma Statutes 27
A. O.S. Supp. 1998 Sec. 2-2-
106 Amended by Laws 1993,
effective July 1, 1993, Rules
252:205:3-1 through 252:205-3-
7 permanent effective date
June 11, 1999.
2. Land Disposal Restrictions Phase 27A O.S. Supp, 1998 Sec. 2-2-
IV--Treatment Standards for Metal 104 Added by Laws 1994,
Wastes and Mineral Processing Wastes, effective July 1, 1994; 27A
[63 FR 28556] May 26, 1998. (Checklist O.S. Supp, 1998 Sec. 2-7-106
167 A). Amended by Laws 1993,
effective July 1, 1993; Rules
252:205-3-1 through 252:205-3-
7 permanent effective date
June 11, 1999.
3. Land Disposal Restrictions Phase 27A O.S. Supp, 1998 Sec. 2-2-
IV--Hazardous Soils Treatment 104 Added by Laws, 1994,
Standards and Exclusions, [63 FR effective July 1, 1994; 27A
28556] May 26, 1998. (Checklist 167 B). O.S. Supp, 1998 Sec. 2-7-106
Amended by Laws 1993,
effective July 1, 1993; Rules
252:205-3-1 through 252:205-3-
7 permanent effective date
June 11, 1999.
4. Land Disposal Restrictions Phase 27A O.S. Supp. 1998 Sec. 2-2-
IV--Corrections, [63 FR 28556] May 26, 104 Added by Laws 1994,
1998. (Checklist 167 C and 167.C.1). effective July 1, 1994; 27A
O.S. Supp, 1998 Sec. 2-7-106
Amended by Laws 1993,
effective July 1, 1993; Rules
252-205-3-1 through 252:205-3-
7 permanent effective date
June 11, 1999.
5. Bevill Exclusion Revisions and 27A O.S. Supp. 1998 Sec. 2-2-
Clarification, [63 FR 28556] May 26, 104 Added by Laws 1994,
1998. (Checklist 167 E). effective July 1, 1994; 27A
O.S. Supp, 1998 Sec. 2-7-106
Amended by Laws 1993,
effective July 1, 1993; Rules
252:205-3-1 through 252:205-3-
7 permanent effective date
June 11, 1999.
6. Petroleum Refining Waste Process, 27A O.S. Supp. 1999 Sec. 2-2-
[63 FR 42110] August 6, 1998 104 Added by Laws 1994,
(Checklist 169). effective July 1, 1994; 27A
O.S. Supp, 1999 Sec. 2-7-106
Amended by Laws 1993,
effective July 1, 1993; Rules
252:205-3-1 through 252:205-3-
6 permanent effective date
June 12, 2000.
7. Petroleum Refining Waste Process, 27A O.S. Supp. 1999 Sec. 2-2-
[63 FR 54356] October 9, 1998. 104 Added by Laws 1994,
(Checklist 169.1). effective July 1, 1994; 27A
O.S. Supp, 1999 Sec. 2-7-106
Amended by Laws 1993,
effective July 1, 1993; Rules
252:205-3-1 through 252:205-3-
6 permanent effective date
June 12, 2000.
8. Land Disposal Restrictions--Phase 27A O.S. Supp. 1999 Sec. 2-2-
IV, [63 FR 46332] August 31, 1998. 104 Added by Laws 1994,
(Checklist 170). effective July 1, 1994; 27A
O.S. Supp, 1999 Sec. 2-7-106
Amended by Laws 1993,
effective July 1, 1993; Rules
252:205-3-1 through 252:205-3-
6 permanent effective date
June 12, 2000.
9. Emergency Revisions of LDR 27A O.S. Supp. 1999 Sec. 2-2-
Treatment Standards, [63 FR 47409] 104 Added by Laws 1994,
September 4, 1998. (Checklist 171). effective July 1, 1994; 27A
O.S. Supp, 1999 Sec. 2-7-106
Amended by Laws 1993,
effective July 1, 1993; Rules
252:205-3-1 through 252:205-3-
6 permanent effective date
June 12, 2000.
10. Emergency Revisions of LDR 27A O.S. Supp. 1999 Sec. 2-2-
Treatment Standards, [63 FR 48124] 104 Added by Laws 1994,
September 9, 1998. (Checklist 172). effective July 1, 1994; 27A
O.S. Supp, 1999 Sec. 2-7-106
Amended by Laws 1993,
effective July 1, 1993; Rules
252:205-3-1 through 252:205-3-
6 permanent effective date
June 12, 2000.
11. Land Disposal Restrictions 27A O.S. Supp. 1999 Sec. 2-2-
Treatment Standards (Spent Potliners), 104 Added by Laws 1994,
[63 FR 51254] September 24, 1998. effective July 1, 1994; 27A
(Checklist 173). O.S. Supp, 1999 Sec. 2-7-106
Amended by Laws 1993,
effective July 1, 1993; Rules
252:205-3-1 through 252:205-3-
6 permanent effective date
June 12, 2000.
[[Page 31]]
12. Standards Applicable to Owners and 27A O.S. Supp. 1999 Sec. 2-2-
Operators of Closed/Closing 104 Added by Laws 1994,
Facilities, [63 FR 56710] October 22, effective July 1, 1994; 27A
1998. (Checklist 174). O.S. Supp, 1999 Sec. 2-7-106
Amended by Laws 1993,
effective July 1, 1993; Rules
252:205-3-1 through 252:205-3-
6 permanent effective date
June 12, 2000.
13. Hazardous Remediation Waste 27A O.S. Supp. 1999 Sec. 2-2-
Management Requirements (HWIR-Media), 104 Added by Laws 1994,
[63 FR 65874] November 30, 1998. effective July 1, 1994; 27A
(Checklist 175). O.S. Supp, 1999 Sec. 2-7-106
Amended by Laws 1993,
effective July 1, 1993; Rules
252:205-3-1 through 252:205-3-
6 permanent effective date
June 12, 2000.
14. Universal Waste Rule; Technical 27A O.S. Supp. 1999 Sec. 2-2-
Amendment (Conditionally Optional), 104 Added by Laws 1994,
[63 FR 71225] December 24, 1998. effective July 1, 1994; 27A
(Checklist 176). O.S. Supp, 1999 Sec. 2-7-106
Amended by Laws 1993,
effective July 1, 1993; Rules
252:205-3-1 through 252:205-3-
6 permanent effective date
June 12, 2000.
15. Organic Air Emission Standards, 27A O.S. Supp. 1999 Sec. 2-2-
[64 FR 3381] January 21, 1999. 104 Added by Laws 1994,
(Checklist 177). effective July 1, 1994; 27A
O.S. Supp, 1999 Sec. 2-7-106
Amended by Laws 1993,
effective July 1, 1993; Rules
252:205-3-1 through 252:205-3-
6 permanent effective date
June 12, 2000.
16. Petroleum Refining Process Wastes, 27A O.S. Supp. 1999 Sec. 2-2-
[64 FR 6806] February 11, 1999. 104 Added by Laws 1994,
(Checklist 178). effective July 1, 1994; 27A
O.S. Supp, 1999 Sec. 2-7-106
Amended by Laws 1993,
effective July 1, 1993; Rules
252:205-3-1 through 252:205-3-
6 permanent effective date
June 12, 2000.
17. Land Disposal Restrictions Phase 27A O.S. Supp. 1999 Sec. 2-2-
IV--Technical Corrections and 104 Added by Laws 1994,
Clarifications to Treatment Standards, effective July 1, 1994; 27A
[64 FR 25408] May 11, 1999. (Checklist O.S. Supp, 1999 Sec. 2-7-106
179). Amended by Laws 1993,
effective July 1, 1993; Rules
252:205-3-1 through 252:205-3-
6 permanent effective date
June 12, 2000.
18. Test Procedures for the Analysis 27A O.S. Supp. 1999 Sec. 2-2-
of Oil and Grease Non-Polar Material, 104 Added by Laws 1994,
[64 FR 26315] May 14, 1999. (Checklist effective July 1, 1994; 27A
180). O.S. Supp, 1999 Sec. 2-7-106
Amended by Laws 1993,
effective July 1, 1993; Rules
252:205-3-1 through 252:205-3-
6 permanent effective date
June 12, 2000.
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E. What Is the Relationship Between the Resource Conservation and
Recovery Act and the Hazardous Waste Combustor MACT? How Does This
Effect Delegation of This Standard to ODEQ's Authorization?
In this authorization document, the State of Oklahoma is also
seeking authorization for the Post-Closure Permit Requirement and
Closure Process, (Checklist 174). On September 30, 1999, the EPA
finalized the National Emission Standards for Hazardous Air Pollutants
(NESHAP) for three categories waste combustors (HWCs): incinerators,
cement kilns and light-weight aggregate kilns (64 FR 52828). The EPA
promulgated this rule under joint authority of the Clean Air Act (AA)
and (RCRA). Before this rule went into effect, the air emissions from
these three types of HWCs was primarily regulated under the authority
of RCRA (see 40 CFR parts 264, 265, 266, and 270). However, with the
release of the final HWC NESHAP (see 40 CFR part 63 subpart EEE), the
air emissions from these sources is now regulated under RCRA and the
CAA. Even though both statutes give us the authority to regulate these
emissions, we determined that having emissions standards and permitting
requirements in both sets of implementing regulations would be
duplicative. For this reason, using the authority provided by section
1006(b) of RCRA, we deferred the RCRA requirements for HWC emission
controls to the CAA requirements of 40 CFR part 63 subpart EEE.
Therefore, with today's authorization of the State of Oklahoma for
the RCRA provisions of the September 30, 1999 HWC NESHAP rule, the RCRA
waste management standards for air emissions from these units will no
longer apply after the facility has demonstrated compliance with 40 CFR
part 63 subpart EEE. One notable exception concerns section 3005(c)(3)
of RCRA, which requires that each RCRA permits contain the terms and
conditions necessary to protect human health and the environment. Under
this provision of RCRA, if a regulatory authority determines that more
stringent conditions than the HWC NESHAP are necessary to protect human
health and environment for a particular facility, then the regulatory
authority may impose those conditions in the facility's RCRA permit.
(See the HWC MACT rule preamble discussion on the interrelationship of
the MACT rule with the RCRA Omibus provision and site specific risk
assessment at (64 FR 52828, pages 52839-52843, September 30, 1999, and
RCRA Site-Specific Risk Assessment Policy for Hazardous Waste
Combustion Facilities dated June, 2000 for more information.
F. What Decisions Has EPA Made?
We conclude that Oklahoma's application for program revision meets
all of the statutory and regulatory requirements established by RCRA.
Therefore, we grant Oklahoma final authorization to operate its
hazardous waste program with the changes described in the authorization
application . Oklahoma has responsibility for permitting treatment,
storage, and disposal facilities 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 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 Oklahoma, including issuing permits,
until the State is granted authorization to do so.
G. How Do the Revised State Rules Differ From the Federal Rules?
In this authorization of the State of Oklahoma's program revisions
for portions of RCRA Cluster VIII and RCRA Cluster IX, there are no
provisions that are more stringent or broader in scope. Broader in
scope requirements are not part of the authorized program and EPA can
not enforce them.
H. Who Handles Permits After This Authorization Takes Effect?
The State of Oklahoma will issue permits for all the provisions for
which
[[Page 32]]
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. We will not issue any more permits or new portions of
permits for the provisions listed in that Table in this document after
the effective date of this authorization. The EPA will continue to
implement and issue permits for HSWA requirements for which Oklahoma is
not yet authorized.
I. Why Wasn't There Not Proposed Rule Before Today's Notice?
The EPA did not publish a proposal before today's rule because we
view this as a routine program change and do not expect comments that
oppose this approval because we believe this action is not
controversial. 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 the State program changes.
J. Where Do I Send My Comments and When Are They Due?
You should send written comments to Alima Patterson, Regional
Authorization Coordinator, Grants and Authorization Section (6PD-G),
Multimedia Planning and Permitting Division, EPA Region 6, 1445 Ross
Avenue, Dallas, Texas 75202-2733, (214) 665-8533. Please refer to
Docket Number OK-00-3. We must receive your comments by February 1,
2001. You may not have an opportunity to comment again. If you want to
comment on this action, you must do so at this time.
K. What Happens if EPA Receives Comments Opposing 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. The 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. If you want to comment on this authorization,
you must do so at this time.
L. When Will This Approval Take Effect?
Unless EPA receives comments opposing this action, this final
authorization approval will become effective without further notice on
March 5, 2001.
M. Where Can I Review The State's Application?
You can review and copy the State of Oklahoma's application from
8:30 a.m. to 4 p.m. Monday through Friday at the following addresses:
Oklahoma Department of Environmental Quality, 707 North Robinson,
Oklahoma City, Oklahoma 73101-1677, (405) 702-7180 and EPA, Region 6 ,
1445 Ross Avenue, Dallas, Texas 75202-2733, (214) 665-6444. For further
information contact Alima Patterson, Regional Authorization
Coordinator, Grants and Authorization Section (6PD-G), Multimedia
Planning and Permitting Division, EPA Region 6, 1445 Ross Avenue,
Dallas, Texas 75202-2733, (214) 665-8533.
N. Does Today's Action Affect Indian Country in Oklahoma?
Oklahoma is not authorized to carry out its Hazardous Waste Program
in Indian Country within the State. This authority remains with EPA.
Therefore, this action has no effect on Indian Country.
O. What Is Codification?
Codification is the process of placing the State's statutes and
regulations that comprise the State's authorized hazardous waste
program into the CFR. The EPA does this by referencing the authorized
State rules in 40 CFR part 272. The EPA reserves the amendment of 40
CFR part 272, Subpart LL for this codification of Oklahoma's program
changes until a later date.
Administrative Requirements
The Office of Management and Budget (OMB) 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 requirement for the purpose of RCRA 3006 and
impose 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 Mandates Reform Act of 1995
(Public Law 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 13084 (63 FR 27655, May 10, 1998). This
action will not have substantial direct effects on 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.
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. The EPA has
compiled with Executive Order 12630 (53 FR 8859, March 15, 1988) by
examining the takings implications of the rule in accordance with the
``Attorney Generals' Supplemental Guidelines for the Evaluation of Risk
and Avoidance of Unanticipated Takings'' issued under 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. 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
[[Page 33]]
States prior to publication in the Federal Register. A major rule
cannot take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
List of Subjects in 40 CFR Part 271
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous materials transportation,
Hazardous waste, Indian lands, Intergovernmental relations, Penalties,
Reporting and recordkeeping requirements, Water pollution control,
Water supply.
Authority
This notice 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: December 7, 2000.
Myron O. Knudson,
Acting Regional Administrator, Region 6.
[FR Doc. 00-33155 Filed 12-29-00; 8:45 am]
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