[Federal Register Volume 77, Number 153 (Wednesday, August 8, 2012)]
[Rules and Regulations]
[Pages 47302-47303]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-19324]



40 CFR Part 271

[EPA-R08-RCRA-2010-0933; FRL-9712-3]

South Dakota: Final Authorization of State Hazardous Waste 
Management Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.


SUMMARY: The EPA is granting final authorization of the changes to the 
hazardous waste program revisions submitted by South Dakota. The Agency 
published a Proposed Rule on December 27, 2010, and provided for public 
comment. No comments were received on the Resource Conservation and 
Recovery Act (RCRA) program issues. There was one comment from the 
South Dakota State Deputy Attorney General regarding Indian country 
language. No further opportunity for comment will be provided.

DATES: This final rule is effective on August 8, 2012.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R08-RCRA-2010-0933. All documents in the docket are 
listed on the Federal eRulemaking Portal: http://www.regulations.gov. 
Publicly available docket materials are available either electronically 
through www.regulations.gov or in hard copy at: EPA Region 8, from 8 
a.m. to 3 p.m., 1595 Wynkoop Street, Denver, Colorado 80202, contact: 
Moye Lin, phone number (303) 312-6667, email address: [email protected], 
or SDDENR, from 9 a.m. to 5 p.m., Joe Foss Building, 523 E. Capitol, 
Pierre, South Dakota 57501, contact: Carrie Jacobson, phone number 
(605) 773-3153.

[email protected] or Carrie Jacobson, phone number (605) 773-3153, 
[email protected].


I. Authorization of Revisions to South Dakota's Hazardous Waste Program

    On April 1, 2010, South Dakota submitted a final complete program 
revision application seeking authorization of their changes in 
accordance with 40 CFR 271.21. We now make a Final decision that South 
Dakota's hazardous waste program revisions satisfy all of the 
requirements necessary to qualify for Final authorization. For a list 
of rules that become effective with this Final Rule please see the 
Proposed Rule published in the December 27, 2010 Federal Register at 75 
FR 81187.
    Response to Comments: The EPA proposed to authorize South Dakota's 
State Hazardous waste management Program revisions published in the 
December 27, 2010 Federal Register at 75 FR 81187. The EPA received 
only one comment from the state of South Dakota objecting to the EPA's 
definition of Indian country, where the state is not authorized to 
administer its program. Specifically, the state disagreed that all 
``trust land'' in South Dakota is Indian country. With this Final Rule 
the EPA is clarifying that Indian country lands within the exterior 
boundary of the Yankton Reservation are excluded from the state's 
authorized program. Further explanation of this interpretation of 
Indian country can be found at 67 FR 45684 through 45686 (July 10, 

II. 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 preexisting 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 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), 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

[[Page 47303]]

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. 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.).
    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 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 August 8, 2012.

List of Subjects in 40 CFR Part 271

    Environmental protection, Administrative practice and procedure, 
Hazardous waste, Indian lands, Intergovernmental relations, Reporting 
and recordkeeping requirements.

    Dated: July 2, 2012.
James B. Martin,
Regional Administrator, Region 8.
[FR Doc. 2012-19324 Filed 8-7-12; 8:45 am]