[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.
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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
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Description of Federal
requirement (revision Federal Register Analogous Missouri
checklists [sup1]) authority
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RCRA Cluster XI
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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.
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RCRA Cluster XII
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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.
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RCRA Cluster XIII
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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).
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RCRA Cluster XIV
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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.
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RCRA Cluster XV
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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).
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RCRA Cluster XVI
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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).
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RCRA Cluster XVII
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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]
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