Federal Register, Volume 59 Issue 198 (Friday, October 14, 1994)

[Federal Register Volume 59, Number 198 (Friday, October 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-25386]

[[Page Unknown]]

[Federal Register: October 14, 1994]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 272

[FRL-5090-3]

Utah; Final Authorization of State Hazardous Waste Management
Program

AGENCY: Environmental Protection Agency.

Action: Immediate final rule.

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SUMMARY: The State of Utah has applied for final authorization of
revisions to its hazardous waste program under the Resource
Conservation and Recovery Act (RCRA). The Environmental Protection
Agency (EPA) has reviewed Utah's application and has made a decision,
subject to public review and comment, that Utah's hazardous waste
program revision satisfies all of the requirements necessary to qualify
for final authorization. Thus, EPA intends to approve Utah's hazardous
waste program revisions. Utah's application for program revision is
available for public review and comment.

DATES: Final authorization for Utah shall be effective December 13,
1994, unless EPA publishes a prior Federal Register action withdrawing
this immediate final rule. All comments on Utah's program revision
application must be received by the close of business November 13,
1994.

ADDRESSES: Copies of Utah's program revision application are available
during regular business hours at the following addresses for inspection
and copying: Division of Solid and Hazardous Waste, Utah Department of
Environmental Quality, 288 North 1460 West, Cannon Health Building, 4th
Floor, Salt Lake City, Utah, 84116-0690; U.S. EPA Region VIII Library,
999 18th Street, Suite 144, Denver, CO 80204-2466. Written comments
should be sent to: Ms. Marcella DeVargas (HWM-WM), U.S. Environmental
Protection Agency, 999 18th Street, Suite 500, Denver, Colorado 80202-
2466, Phone 303/293-1670.

FOR FURTHER INFORMATION CONTACT: Ms. Marcella DeVargas, Waste
Management Branch, U.S.EPA, 999 18th Street, Suite 500, Denver, CO
80202-2466, Phone: 303/293-1670.

SUPPLEMENTARY INFORMATION:

A. Background

States with final authorization under Section 3006(b) of the
Resource Conservation and Recovery Act (``RCRA'' or the ``the Act''),
42 U.S.C. 6929 (b), have a continuing obligation to maintain a
hazardous waste program that is equivalent to, consistent with, and no
less stringent than the Federal hazardous waste program.
Revisions to State hazardous waste programs are necessary when
Federal or State statutory or regulatory authority is modified or when
certain other changes occur. Most commonly, State program revisions are
necessitated by changes to EPA's regulations in 40 CFR parts 260-268
and 124 and 270. Modification to the Federal program, due to statutory
and regulatory changes, requires subsequent modifications to the State
authorized program. Until the State is authorized for such
modifications, EPA is responsible for implementing and enforcing the
modification in the State. Further, if the State law which forms the
basis of the federally authorized State program is amended, the State
must promptly seek revision authorization for those provisions. Until
the amendments to State law are authorized by EPA, the regulated
community must ensure compliance with both the federally authorized
State program and the non-authorized Federal program. The regulated
community may also need to comply with current State laws in the
situation where State law has been amended after Federal authorization
has been granted.

B. Utah

Utah initially received final authorization in October 1984. Utah
received authorization for revisions to its program on March 7, 1989,
July 22, 1991, July 14, 1992, and April 13, 1993. On December 30, 1993,
Utah submitted a final program revision application for additional
program approvals. In 1989, EPA published in the Federal Register
approval of the Availability of Information, 3006(f), provision. Since
that time the State statute was repealed. Therefore, a review of the
Availability of Information, 3006(f) provision was necessary. At this
time, EPA is approving authorization for availability of information,
3006(f). Today, Utah is seeking approval of its program revision in
accordance with 40 CFR 271.21(b)(3).
EPA has reviewed Utah's application, and has made an immediate
final decision that Utah's hazardous waste program revision satisfies
all of the requirements necessary to qualify for final authorization.
Consequently, EPA intends to grant final authorization for the
additional program modifications to Utah. The public may submit written
comments on EPA's immediate final decision up until (insert date at
least 30 calendar days after date of publication in Federal Register).
Copies of Utah's application for program revision are available for
inspection and copying at the locations indicated in the ADDRESSES
section of this notice.
Approval of Utah's program revision shall become effective in 60
days unless an adverse comment pertaining to the State's revision
discussed in this notice is received by the end of the comment period.
If an adverse comment is received EPA will publish either (1) a
withdrawal of the immediate final decision or (2) a notice containing a
response to comments which either affirms that the immediate final
decision takes effect or reverses the decision.
In September 1992, Utah submitted a draft application for EPA
review. EPA's comments on the draft application required additional
rulemaking. Utah addressed all of EPA's comment in the final
application. Thus, the Utah program is granted final authorization for
those provisions specifically listed in Table 1.
Utah has not requested hazardous waste program authority on Indian
Country. Therefore, EPA's approval applies to all activities in Utah
outside of Indian Country, as defined in 18 U.S.C. 1151. The
Environmental Protection Agency retains all hazardous waste authority
under RCRA which applies to Indian Country in Utah.
Today, Utah is seeking approval of its program revision in
accordance with 40 CFR 271.21(b)(3). Specific provisions which are
included in the Utah program authorization revision sought today are
listed in Table 1 below.

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HSWA or FR reference State equivalent\1\
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1. Land Disposal Restrictions for First Third Scheduled R315-8-2.4, R315-8-5.3, R315-7-9.4, R315-7-12.4, R315-
Wastes, 53 FR 31138, 8/17/88, and 54 FR 8264, 2/27/89. 14-2, R315-13.
2. Amendment to Requirements for Hazardous Waste R315-3-20.
Incinerator Permits, 54 FR 4286, 1/30/89.
3. Land Disposal Restrictions amendments to First Third R315-13.
Schedules Wastes, 54 FR 18836, 5/2/89.
4. Land Disposal Restrictions for Second Third R315-13.
Scheduled Wastes, 54 FR 26594, 6/23/89.
5. Delay of Closure Period for Hazardous Waste R315-8-2.4, R315-8-7, R315-8.8, R315-7-9.4, R315-7-14,
Management Facilities, 54 FR 33376, 8/14/89. R315-7-15, R315-50-16.
6. Mining Waste Exclusion I, 54 FR 36592, 9/1/89....... R315-2-3. R315-2-4.
7. Land Disposal Restrictions; Correction to the First R315-14-2, R315-13.
Third Scheduled Wastes, 54 FR 36967, 9/6/89 and 55 FR
23935, 6/13/90.
8. Testing and Monitoring, 54 FR 40260, 9/29/89........ R315-1-2, R315-50-8.
9. Reportable Quantity Adjustment Methyl Bromide R315-2-10, R315-50-8, R315-50-9.
Production Wastes, 54 FR 41402, 10/6/89.
10. Reportable Quantity Adjustment, 54 FR 50968, 12/11/ R315-2-10, R315-50-9, R315-50-10.
89.
11. Changes to Part 124 Not Accounted for by Present R315-3-17, R315-3-24, R315-3-26, R315-3-28.
Checklists, 48 FR 14146, 4/1/83, 48 FR 30112, 6/30/83,
53 FR 28118, 7/26/88, 53 FR 37396, 9/26/88, 54 FR 246,
1/4/89.
12. Mining Waste Exclusion II, 55 FR 2322, 1/23/90..... R315-1-1, R315-2-4.
13. Modification of FO19 Listing, 55 FR 5340, 2/14/90.. R315-2-10.
14. Test and Monitoring Activities; Technical R315-1-2, R-315-50-8.
Corrections, 55 FR 8948, 3/9/90.
15. Toxicity Characteristic Revision, 55 FR 11798, 3/29/ R315-2-4, R315-2-8, R315-2-9, R315-2-10, R315-50-7,
90 and 55 FR 26986, 6/29/90. R315-8-14, R315-7-18.
16. Listing of 1,1-Dimethylhydrazine Production Wastes, R315-2-10, R315-50-8, R315-50-9.
55 FR 18496, 5/2/90.
17. Criteria for Listing Toxic Wastes; Technical R315-2-9.
Amendment, 55 FR 18726, 5/4/90.
18. HSWA Codification Rule, Double Liners; Correction, R315-8-11, R315-8-14.
55 FR 19262, 5/9/90.
19. Land Disposal Restrictions for Third Third R315-2-9, R315-2-10, R315-2-11, R315-50-9, R315-5-2,
Scheduled Wastes, 55 FR 22520, 6/1/90. R315-5-10, R315-2-4, R315-8-11, R315-8-12, R315-8-13,
R315-8-14, R315-7-8, R315-7-9, R315-7-18, R315-7-19,
R315-7-20, R315-7-21, R315-13, R315-50-16.
20. Organic Air Emission Standards for Process Vents R315-1-2, R315-2-6, R315-8-2, R315-8-5, R315-8-17, R315-
and Equipment Leaks, 55 FR 25454, 6/21/90. 8-18, R315-7-9, R315-7-12, R315-7-26, R315-7-27, R315-
3-5, R315-3-6.
21. Land Disposal Restrictions for Third Third R315-2-3, R315-2-9, R315-2-10, R315-5-1, R315-5-2, R315-
Scheduled Wastes; Technical Amendments, 56 FR 3864, 1/ 5-10, R315-13.
31/91.
22. Organic Air Emission Standards for Process Vents R315-8-17, R315-8-18, R315-7-9, R315-7-12, R315-7-26,
and Equipment Leaks; Technical Amendment, 56 FR 19290, R315-7-27, R315-3-6.
4/26/91.
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\1\References are to the Utah Administrative Code revised 11/12/93.

C. Decision

I conclude that Utah's application for program revision meets all
of the statutory and regulatory requirements established by RCRA.
Accordingly, Utah is granted final authorization to operate its
hazardous waste program as revised.
Utah now has responsibility for permitting treatment, storage, and
disposal facilities within its borders and carrying out other aspects
of the RCRA program, subject to the limitation of its revised program
application and previously approved authorities. Utah also has primary
enforcement responsibilities, although EPA retains the right to conduct
inspections under Section 3007 of RCRA and to take enforcement actions
under Section 3008, 3013, and 7003 of RCRA. On March 21, 1994, the
State of Utah submitted an application for Non-HSWA cluster 6 and HSWA
cluster 2.

Compliance With Executive Order 12291

The Office of Management and Budget has exempted this rule from the
requirements of Section 3 of Executive Order 12291.

Certification Under the Regulatory Flexibility Act

Pursuant to the Provisions of 4 U.S.C. 605(b), I hereby certify
that this authorization will not have a significant economic impact on
a substantial number of small entities. This authorization effectively
suspends the applicability of certain Federal regulations in favor of
Utah's program, thereby eliminating duplicative requirements for
handlers of hazardous waste in the State. It does not impose any new
burdens on small entities. This rule, therefore, does not require a
regulatory flexibility analysis.

List of Subjects in 40 CFR Part 272

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: October 4, 1994.
William P. Yellowtail,
Regional Administrator.
[FR Doc. 94-25386 Filed 10-13-94; 8:45 am]
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