South Dakota: Final Authorization of State Hazardous Waste Management Program Revision and Incorporation by Reference of Approved State Hazardous Waste Management Program, 56419-56425 [05-19255]
Download as PDF
<![CDATA[
Federal Register / Vol. 70, No. 186 / Tuesday, September 27, 2005 / Proposed Rules
Amargosa Valley, Nevada and in
Washington, DC. The hearings
previously announced in the Federal
Register will be held as described in the
earlier notice; EPA is simply providing
an additional hearing in Las Vegas.
The additional hearing will be held
October 6, 2005, at the Cashman Center,
850 North Las Vegas Blvd, Las Vegas,
Nevada, from 10 a.m. until 12 p.m. An
information session will be held from 10
a.m.–11 a.m. and a public hearing from
11 a.m.–12 p.m.
Meeting Purpose and Format
The meetings will provide
opportunities for both informal
exchanges of information and formal
comments. Meeting formats are as
follows:
• Information Sessions: an informal
opportunity to learn about the
standards, meet EPA staff, and ask
questions. Comments on the record can
also be provided in writing or on tape.
• Public Hearings: a formal
opportunity to make verbal statements
that will be recorded for the public
record. For the convenience of the
public, individuals and organizations
should schedule a specific time to make
their comments (see Hearings
Procedures below).
Hearing Procedures
Persons wishing to testify at any of
the public hearings are requested to preregister by calling EPA’s toll-free Yucca
Mountain Information Line at 1–800–
331–9477 at any time. You will be asked
to leave a message with the following
information:
• Name/Organizational Affiliation (if
any).
• Hearing time(s) available to testify.
• Daytime telephone number.
Your call will be returned within one
business day to confirm a scheduled
time for testimony. In order to obtain a
scheduled speaking time, EPA must
receive requests no later than September
30, 2005, for the hearings in Las Vegas,
Nevada. Speakers not registered in
advance may register at the door but are
not guaranteed the opportunity to
testify, depending on time constraints
(all individuals will also be able to
comment in writing or on tape).
Individuals testifying on their own
behalf will be allowed 5 minutes.
Groups or organizations must designate
one individual to testify as the official
representative, and each group will be
allocated ten minutes for an oral
presentation. Individuals and
organizations may submit written
comments in addition to oral testimony.
Time allowed is exclusive of any time
consumed by questions from the
VerDate Aug<31>2005
13:24 Sep 26, 2005
Jkt 205001
government panel and answers to these
questions. Testimony from individuals
and representatives of organizations is
limited to one hearing location. In order
to ensure that all individuals and groups
are given an opportunity to testify,
substitutions will not be permitted for
any pre-registered person. Registrants
will not be permitted to yield their time
to other individuals or groups, nor will
hearing time be used to ‘‘read into the
record’’ testimony from individuals not
present at the hearings. In the event any
person wishes to enter comments for the
record, but either cannot or does not
appear personally at the hearings, EPA
will accept written comments during
the hearings and other meetings. These
written comments will be considered to
the same extent as oral testimony and
will be included as part of the official
hearings transcripts. The hearing
transcript will constitute the official
record of the hearings. Written
comments submitted outside of the
public hearings must be received by
EPA Docket OAR–2005–0083 in
Washington, DC, by November 21, 2005.
All comments received by EPA, whether
written or oral, will be given equal
consideration in development of the
final rule.
III. How and to Whom Do I Submit
Comments?
EPA is providing numerous ways for
the public to provide comments for us
to consider in developing our final rule.
First, the Agency has scheduled two
public hearings in Nevada and one in
Washington, DC. A Federal Register
notice has been published with times,
locations, and format of the meetings. In
addition, you may submit comments
electronically, by mail, by facsimile, or
through hand delivery/courier. To
ensure proper receipt by EPA, identify
the appropriate docket identification
number in the subject line on the first
page of your comment. Please ensure
that your comments are submitted by
November 21, 2005. Comments received
after that date will be marked ‘‘late.’’
EPA is not required to consider these
late comments, but will do so at its
discretion.
To submit comments electronically:
• Follow the instructions at the
Federal e-Rulemaking Web site: https://
www.regulations.gov, OR
• Go to EPA’s E-Docket for item OAR–
2005–0083, click on submit comment,
OR,
• E-mail comments to: a-and-rdocket@epa.gov and specify ‘‘to the
attention of Docket ID No. OAR–2005–
0083.’’
Do not use e-mail or the E-Docket to
submit confidential business
PO 00000
Frm 00042
Fmt 4702
Sfmt 4702
56419
information or other legally protected
information.
Send comments by surface mail to:
EPA Docket Center (EPA/DC), Air and
Radiation Docket, Environmental
Protection Agency, EPA West, Mail
Code 6102T, 1200 Pennsylvania
Avenue, NW., Washington, DC 20460,
Attention Docket ID No. OAR–2005–
0083.
Send comments by fax to: 202–566–
1741, Attention: Docket ID. No. OAR–
2005–0083.
Deliver comments by courier or inperson to:
Air and Radiation Docket, EPA Docket
Center, (EPA/DC), EPA West, Room
B102, 1301 Constitution Ave., NW.,
Washington, DC.
Dated: September 20, 2005.
William L. Wehrum,
Acting Assistant Administrator for Air and
Radiation.
[FR Doc. 05–19256 Filed 9–26–05; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 271 and 272
[FRL–7974–9]
South Dakota: Final Authorization of
State Hazardous Waste Management
Program Revision and Incorporation
by Reference of Approved State
Hazardous Waste Management
Program
Environmental Protection
Agency (EPA).
ACTION: Proposed Rule.
AGENCY:
SUMMARY: South Dakota has applied to
EPA for Final authorization of the
changes to its hazardous waste program
under the Resource Conservation and
Recovery Act (RCRA). EPA has
determined that these changes satisfy all
requirements needed to qualify for Final
authorization and is proposing to
authorize the State’s changes through
this proposed final action. Title 40 of
the Code of Federal Regulations (CFR)
Part 272 is used by EPA to codify its
decision to authorize individual State
programs and incorporates by reference
those provisions of the State statutes
and regulations that are subject to EPA’s
inspection and enforcement authorities
as authorized provisions of the State’s
program. This action also proposes to
codify the authorized provisions of the
South Dakota regulations. Finally,
today’s document corrects errors made
in the State authorization citations
published in the August 10, 1999 and
November 3, 2003 Federal Register
E:\FR\FM\27SEP1.SGM
27SEP1
56420
Federal Register / Vol. 70, No. 186 / Tuesday, September 27, 2005 / Proposed Rules
authorization documents for South
Dakota.
I. Authorization of Revisions to South
Dakota’s Hazardous Waste Program
Written comments must be
received by October 27, 2005.
A. Why Are Revisions to State Programs
Necessary?
States which 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 than the Federal
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 through 266, 268, 270, 273 and 279.
DATES:
Submit your comments by
one of the following methods: 1. Federal
eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments. 2.
E-mail: shurr.kris@epa.gov. 3. Mail: Kris
Shurr, 8P–HW, U.S. EPA, Region 8, 999
18th St., Ste 300, Denver, Colorado
80202–2466, phone number: (303) 312–
6139. 4. Hand Delivery or Courier:
Deliver your comments to Kris Shurr,
8P–HW, U.S. EPA, Region 8, 999 18th
St., Ste 300, Denver, Colorado 80202–
2466, phone number: (303) 312–6139.
Do not submit information that you
consider to be CBI or otherwise
protected through regulations.gov or email. The Federal regulations.gov
website 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 e-mail
comment directly to EPA without going
through regulations.gov, your e-mail
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. Copies of the South Dakota
program revision applications and the
materials which EPA used in evaluating
the revisions are available for inspection
and copying at the following locations:
EPA Region 8, from 7 a.m. to 4 p.m., 999
18th Street, Suite 300, Denver, Colorado
80202–2466, contact: Kris Shurr, phone
number: (303) 312–6139, or SDDENR,
from 9 a.m. to 5 p.m., Joe Foss Building,
523 E. Capitol, Pierre, South Dakota
57501–3181, contact: Carrie Jacobson,
phone number (605) 773–3153.
ADDRESSES:
Kris
Shurr, 8P–HW, U.S. EPA, Region 8, 999
18th Street, Suite 300, Denver, CO
80202–2466, phone number: (303) 312–
6139 or email: shurr.kris@epa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
VerDate Aug<31>2005
13:24 Sep 26, 2005
Jkt 205001
B. What Decisions Have We Made in
This Action?
We conclude that South Dakota’s
applications to revise its authorized
program meet all of the statutory and
regulatory requirements established by
RCRA. Therefore, we propose to grant
South Dakota final authorization to
operate its hazardous waste program
with the changes described in the
authorization applications. South
Dakota 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 South Dakota,
including issuing permits, until South
Dakota is authorized to do so.
C. What Is the Effect of Today’s
Authorization Decision?
This decision means that facilities in
South Dakota subject to RCRA will have
to comply with the authorized State
requirements instead of the equivalent
Federal requirements in order to comply
with RCRA. South Dakota has
enforcement responsibility 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, the
PO 00000
Frm 00043
Fmt 4702
Sfmt 4702
authority to conduct inspections and
require monitoring, tests, analyses, or
reports; and enforce RCRA
requirements; suspend or revoke
permits.
This action does not impose
additional requirements on the
regulated community because the
regulations for which South Dakota is
being authorized by today’s action are
already effective and are not changed by
today’s action.
D. What Happens If EPA Receives
Comments That Oppose This Action?
If EPA receives comments that oppose
this authorization, we will address all
public comments in a later Federal
Register. You will not have another
opportunity to comment, therefore, if
you want to comment on this action,
you must do so at this time.
E. What Has South Dakota Previously
Been Authorized For?
South Dakota initially received Final
authorization on October 19, 1984,
effective November 2, 1984 (49 FR
41038) to implement the RCRA
hazardous waste management program.
We granted authorization for changes to
their program on April 17, 1991,
effective June 17, 1991 (56 FR 15503);
September 8, 1993, effective November
8, 1993 (FR 47216); January 10, 1994,
effective March 11, 1994 (59 FR 01275);
July 24, 1996, effective September 23,
1996 (61 FR 38392); May 9, 2000,
effective June 8, 2000 (65 FR 26755) and
April 23, 2004, effective May 24, 2004
(69 FR 21962).
F. What Changes Are We Proposing To
Authorize With Today’s Action?
South Dakota submitted a final
complete program revision application
on October 25, 2004, 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 South Dakota’s
hazardous waste program revision
satisfies all of the requirements
necessary to qualify for Final
authorization. Therefore, we propose to
grant South Dakota final authorization
for the following program changes:
1. Program Revision Changes for Federal
Rules
South Dakota seeks authority to
administer the Federal requirements
that are listed below (the Federal
Citation is followed by the analog from
the Administrative Rules of South
Dakota (ARSD 74:28), revised August
29, 2004): Reissuance of the ‘‘Mixture’’
and ‘‘Derived-From’’ Rules (57 FR
E:\FR\FM\27SEP1.SGM
27SEP1
Federal Register / Vol. 70, No. 186 / Tuesday, September 27, 2005 / Proposed Rules
07628, 03/03/92; 57 FR 23062, 06/01/92;
57 FR 49278, 10/30/92) (Checklists
117A through 117A.2)/74:28:22:01;
Universal Waste Rule—Specific
Provisions for Pesticides (60 FR 25492,
05/11/95) (Checklist 142C)/74:28:21:02,
74:28:22:01, 74:28:25:01, 74:28:26:01,
74:28:28:01, 74:28:30:01, and
74:28:33:01; RCRA Expanded Public
Participation (60 FR 63417, 12/11/95)
(Checklist 148)/74:28:26:01; Organic Air
Emission Standards for Tanks, Surface
Impoundments, & Containers (59 FR
62896, 12/06/94; 60 FR 26828, 05/19/95;
60 FR 50426, 09/29/95; 60 FR 56952,
11/13/95; 61 FR 04903, 02/09/96; 61 FR
28508, 06/05/96; and 61 FR 59932, 11/
25/96) (Checklists 154 through 154.6)/
74:36:11:01, 74:28:21:02, 74:28:22:01,
74:28:23:01, 74:28:25:01, 74:28:26:01,
and 74:28:28:01; Organic Air Emission
Standards for Tanks, Surface
Impoundments, and Containers;
Clarification and Technical Amendment
(62 FR 64636, 12/08/97) (Checklist 163)/
74:28:25:01, 74:28:26:01, and
74:28:28:01; Mineral Processing
Secondary Materials Exclusion (63 FR
28556, 05/26/98)(Checklist 167D—
revised)/ 74:28:22:01; HWIR-Media (63
FR 65874; 11/30/98) (Checklist 175)/
74:28:21:01(17), 74:28:21:02,
74:28:22:01, 74:28:25:01, 74:28:26:01,
74:28:28:01, and 74:28:30:01; Test
Procedures for the Analysis of Oil and
Grease and Non-Polar Material (64 FR
26315, 05/14/99) (Checklist 180)/
74:28:21:02; Petroleum Refining Process
Wastes—Clarification (64 FR 36365, 06/
08/00) (Checklist 187)/74:28:22:01 and
74:28:30:01; Hazardous Air Pollutant
Standards; Technical Corrections (65 FR
42292, 07/10/00; 66 FR 24270, 05/14/01;
66 FR 35087, 07/03/01) (Checklists 188
through 188.2)/74:28:22:01, 74:28:25:01,
and 74:28:26:01; Chlorinated Aliphatics
Listing and LDRs for Newly Identified
Wastes (65 FR 67068, 11/8/00)
(Checklist 189)/74:28:22:01 and
74:28:30:01; Land Disposal Restrictions
Phase IV Deferral for PCBs in Soil (65
FR 81373, 12/26/00) (Checklist 190)/
74:28:30:01; Storage, Treatment,
Transportation, and Disposal of Mixed
Waste (66 FR 27218, 05/16/01)
(Checklist 191)/74:28:27:01; Mixture
and Derived-From Rules Revisions (66
FR 27266, 05/16/01) (Checklist 192A)/
74:28:22:01; Land Disposal Restrictions
Correction (66 FR 27266, 05/16/01)
(Checklist 192B)/74:28:30:01; Change of
Official EPA Mailing Address (66 FR
34374, 06/28/01) (Checklist 193)/
74:28:21:02; Mixture and Derived-From
Rules Revision II (66 FR 50332, 10/03/
01) (Checklist 194)/74:28:22:01;
Inorganic Chemical Manufacturing
Wastes Identification and Listing (66 FR
VerDate Aug<31>2005
13:24 Sep 26, 2005
Jkt 205001
58258, 11/20/01; 67 FR 17119, 04/09/
02) (Checklists 195 & 195.1)/74:28:22:01
and 74:28:30:01; CAMU Amendments
(67 FR 2962, 01/22/02) (Checklist 196)/
74:28:21:02 and 74:28:25:01; Hazardous
Air Pollutant Standards for Combustors:
Interim Standards (67 FR 6792, 02/13/
02) (Checklist 197)/74:28:25:01,
74:28:26:01, 74:28:27:01, and
74:28:28:01; Hazardous Air Pollutant
Standards for Combustors: Corrections
(67 FR 6968, 02/14/02) (Checklist 198)/
74:28:26:01 and 74:28:27:01; Vacatur of
Mineral Processing Spent Materials
Being Reclaimed as Solid Wastes (67 FR
11251, 03/13/02) (Checklist 199)/
74:28:22:01; Zinc Fertilizer Rule (67 FR
48393, 07/24/02) (Checklist 200)/
74:28:22:01, 74:28:27:01, and
74:28:30:01; Treatment Variance for
Radioactively Contaminated Batteries
(67 FR 62618, 10/07/02) (Checklist 201)/
74:28:30:01; Hazardous Air Pollutants
for Combustors-Corrections 2 (67 FR
77687, 12/19/02) (Checklist 202)/
74:28:26:01.
2. State-Initiated Changes
South Dakota has made amendments
to its regulations that are not directly
related to any of the Federal rules
addressed in Item F.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 Administrative Rules of South
Dakota (ARSD 74:28), revised August
29, 2004: 74:28:21:01 introductory
paragraph, 74:28:21:01(2)–(16),
74:28:21:03, 74:28:24:01, 74:28:25:02
through 74:28:25:05, 74:28:28:02
through 74:28:28:05 and 74:28:33:01.
G. Where Are the Revised State Rules
Different From the Federal Rules?
South Dakota did not make any
changes that are more stringent or
broader-in-scope than the Federal rules
in this rulemaking. South Dakota did
not change any previously more
stringent or broader-in-scope provisions
to be equivalent to the Federal rules.
H. Who Handles Permits After the
Authorization Takes Effect?
South Dakota will issue permits for all
the provisions for which it is authorized
and will administer the permits it
issues. EPA will continue to administer
PO 00000
Frm 00044
Fmt 4702
Sfmt 4702
56421
any RCRA hazardous waste permits or
portions of permits which were issued
prior to the effective date of this
authorization until South Dakota has
equivalent instruments in place. We
will not issue any new permits or new
portions of permits for the provisions
listed in Item G after the effective date
of this authorization. EPA previously
suspended issuance of permits for other
provisions on the effective date of South
Dakota’s Final Authorization for the
RCRA base program and each of the
revisions listed in Item F. EPA will
continue to implement and issue
permits for HSWA requirements for
which South Dakota is not yet
authorized.
I. How Does Today’s Action Affect
Indian Country (18 U.S.C. 1151) in
South Dakota?
This program revision does not
extend to ‘‘Indian country’’ as defined
in 18 U.S.C. 1151. Indian country
includes:
1. Lands within the exterior
boundaries of the following Indian
reservations located within the State of
South Dakota:
a. Cheyenne River Indian Reservation;
b. Crow Creek Indian Reservation;
c. Flandreau Indian Reservation;
d. Lower Brule Indian Reservation;
e. Pine Ridge Indian Reservation;
f. Rosebud Indian Reservation;
g. Standing Rock Indian Reservation;
h. Yankton Indian Reservation;
2. Any land held in trust by the
United States for an Indian tribe; and,
3. Any other areas which are ‘‘Indian
country’’ within the meaning of 18
U.S.C. 1151.
II. Corrections
A. Corrections to August 10, 1999 (64
FR 43331) Proposed Authorization
Document
There were typographical errors and
omissions in the table published as part
of the August 10, 1999 (64 FR 43331)
authorization notice for South Dakota.
The corrections for the affected entries
are as follows (the corrections have been
italicized):
1. In the entry for Checklist 82, insert
‘‘74:28:25:05’’ after ‘‘74:28:23:01’’ and
insert ‘‘74:28:28:05’’ after ‘‘74:28:26:01’’;
2. In the entry for Checklist 92, insert
‘‘74:28:25:05’’ after ‘‘74:28:23:01’’ and
insert ‘‘74:28:28:05’’ after ‘‘74:28:26:01’’;
3. In the entry for Checklist 120, insert
‘‘74:28:25:05; 74:28:28:05’’ after
‘‘74:28:22:01’’; and
4. In the entry for Checklist 142A,
insert ‘‘74:28:23:01’’ after ‘‘74:28:22:01’’.
E:\FR\FM\27SEP1.SGM
27SEP1
56422
Federal Register / Vol. 70, No. 186 / Tuesday, September 27, 2005 / Proposed Rules
B. Corrections to November 3, 2003 (68
FR 62264) Proposed Authorization
Document
There were typographical errors and
omissions in the State citations
published as part of the November 3,
2003 (68 FR 62264) authorization notice
for South Dakota. The affected entries in
Section F, ‘‘What Changes Are We
Proposing To Authorize With Today’s
Action?’’ are shown below. The
corrections have been italicized.
1. All references to ‘‘78:28’’ are
corrected to read ‘‘74:28’’
2. The State citation ‘‘74:28:21:01’’ is
removed from the entry for Hazardous
Air Pollutant Standards for Combustors
(Checklist 182).
3. The entry for ‘‘Toxicity
Characteristics Revision as of June 30,
2000’’ is revised to read as follows:
Toxicity Characteristics Revision as of
June 30, 2000 (Consolidated Checklist
includes 55 FR 11798, 3/29/90 and 55
FR 26986, 6/29/90 (Checklist 74)/
74:28:22:01, 74:28:25:01, 74:28:28:01
and 74:28:30:01; 55 FR 40834, 10/5/90,
56 FR 03978, 2/1/91, and 56 FR 13406,
4/2/91 (Checklist 80)/74:28:22:01; 56 FR
05910, 2/13/91 (Checklist 84)/
74:28:22:01; 57 FR 30657, 7/10/92
(Checklist 108)/74:28:22:01 and
74:28:28:01; 57 FR 23062, 6/1/92
(Checklist 117B)/74:28:22:01; 57 FR
55114, 11/24/92 (Checklist 119)/
74:28:22:01, as well as 58 FR 46040, 8/
31/93 (Checklist 126 update)/
74:28:30:01 and 62 FR 25998, 5/12/97
(Checklist 157 update)/74:28:22:01 and
74:28:30:01.
4. One entry was inadvertently
omitted from the list of State provisions
being authorized by EPA. The entry
should be added to the end of the list
as follows:
Exceptions to Blending and Burning
of Hazardous Waste (RCRA Section
3004(q)(2)(A), (r)(2) and (r)(3), as
codified in 40 CFR 261.4(a)(12)(i)&(ii))
(Non-Checklist Item BB)/74:28:22:01.
III. Incorporation By Reference
A. What Is Codification?
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 State regulations
authorized by EPA supplant the federal
regulations concerning the same matter
with the result that after authorization
EPA enforces the authorized
regulations. Infrequently, State statutory
language which acts to regulate a matter
VerDate Aug<31>2005
13:24 Sep 26, 2005
Jkt 205001
is also authorized by EPA with the
consequence that EPA enforces the
authorized statutory provision. EPA
does not authorize State enforcement
authorities and does not authorize State
procedural requirements. EPA codifies
the authorized State program in 40 CFR
part 272 and incorporates by reference
State statutes and regulations that make
up the approved program which is
Federally enforceable in accordance
with Sections 3007, 3008, 3013, and
7003 of RCRA, 42 U.S.C. 6927, 6928,
6934 and 6973, and any other applicable
statutory and regulatory provisions.
B. What Decisions Have We Proposed in
This Action?
Today’s action proposes to codify
EPA’s authorization of South Dakota’s
base hazardous waste management
program and its revisions to that
program. The proposed codification
reflects the State program that would be
in effect at the time EPA’s authorized
revisions to the South Dakota hazardous
waste management program addressed
in this proposed rule become final. This
proposed action does not reopen any
decision EPA previously made
concerning the authorization of the
State’s hazardous waste management
program. EPA is not requesting
comments on its decisions published in
the Federal Register notices referenced
in section I.E of this document
concerning revisions to the authorized
program in South Dakota.
EPA is proposing to incorporate by
reference EPA’s approval of South
Dakota’s hazardous waste management
program by amending Subpart QQ to 40
CFR part 272. The proposed action
amends § 272.2101 and incorporates by
reference South Dakota’s authorized
hazardous waste regulations, as
amended through August 29, 2004.
Section 272.2101 also references the
demonstration of adequate enforcement
authority, including procedural and
enforcement provisions, which provide
the legal basis for the State’s
implementation of the hazardous waste
management program. In addition,
§ 272.2101 references the Memorandum
of Agreement, the Attorney General’s
Statements and the Program
Description, which are evaluated as part
of the approval process of the hazardous
waste management program in
accordance with Subtitle C of RCRA.
C. What Is the Effect of South Dakota’s
Codification on Enforcement?
EPA retains the authority under
statutory provisions, including but not
limited to, RCRA sections 3007, 3008,
3013 and 7003, and other applicable
statutory and regulatory provisions to
PO 00000
Frm 00045
Fmt 4702
Sfmt 4702
undertake inspections and enforcement
actions and to issue orders in all
authorized States. With respect to
enforcement actions, EPA will rely on
Federal sanctions, Federal inspection
authorities, and Federal procedures
rather than the State analogs to these
provisions. Therefore, the EPA is not
proposing to incorporate by reference
South Dakota’s inspection and
enforcement authorities nor are those
authorities part of South Dakota’s
approved State program which operates
in lieu of the Federal program. 40 CFR
272.2101(c)(2) lists these authorities for
informational purposes, and also
because EPA considered them in
determining the adequacy of South
Dakota’s procedural and enforcement
authorities. South Dakota’s authority to
inspect and enforce the State’s
hazardous waste management program
requirements continues to operate
independently under State law.
D. What State Provisions Are Not
Proposed as Part of the Codification?
The public is reminded that some
provisions of South Dakota’s hazardous
waste management program are not part
of the federally authorized State
program. These non-authorized
provisions include:
(1) Provisions that are not part of the
RCRA subtitle C program because they
are ‘‘broader in scope’’ than RCRA
subtitle C (see 40 CFR 271.1(i));
(2) Federal rules for which South
Dakota is not authorized, but which
have been incorporated into the State
regulations because of the way the State
adopted Federal regulations by
reference.
(3) State procedural and enforcement
authorities which are necessary to
establish the ability of the State’s
program to enforce compliance but
which do not supplant the Federal
statutory enforcement and procedural
authorities.
State provisions that are ‘‘broader in
scope’’ than the Federal program are not
incorporated by reference in 40 CFR
part 272. For reference and clarity, EPA
proposes to list in 40 CFR 272.2101(c)(3)
the South Dakota statutory provisions
which are ‘‘broader in scope’’ than the
Federal program and which are not part
of the authorized program being
incorporated by reference. While
‘‘broader in scope’’ provisions are not
part of the authorized program and
cannot be enforced by EPA; the State
may enforce such provisions under
State law.
South Dakota has adopted but is not
authorized for certain Federal final rules
published between May 11, 1995 and
March 17, 2000. Therefore, the Federal
E:\FR\FM\27SEP1.SGM
27SEP1
Federal Register / Vol. 70, No. 186 / Tuesday, September 27, 2005 / Proposed Rules
amendments to 40 CFR parts 261, 262,
263, 264, 265, 266, 268, 270 and 273
addressed by these Federal rules and
included in South Dakota’s adoption by
reference at ARSD, section 74:28:22:01,
74:28:23:01, 74:28:24:01, 74:28:25:01,
74:28:28:01, 74:28:27:01, 74:28:30:01,
74:28:26:01 and 74:28:33:01,
respectively, are not part of the State’s
authorized program included in this
proposed codification. EPA is proposing
to identify in 40 CFR 272.2101(c)(4)
those Federal regulations which, while
adopted by South Dakota, are not
authorized by EPA.
E. What Will Be the Effect of the
Proposed Codification on Federal
HSWA Requirements?
With respect to any requirement(s)
pursuant to HSWA for which the State
has not yet been authorized, and which
EPA has identified as taking effect
immediately in States with authorized
hazardous waste management programs,
EPA will enforce those Federal HSWA
standards until the State is authorized
for those provisions.
The proposed codification does not
affect Federal HSWA requirements for
which the State is not authorized. EPA
has authority to implement HSWA
requirements in all States, including
States with authorized hazardous waste
management programs, until the States
become authorized for such
requirements or prohibitions, unless
EPA has identified the HSWA
requirement(s) as an optional or as a less
stringent requirement of the Federal
program. A HSWA requirement or
prohibition, unless identified by EPA as
optional or as less stringent, supersedes
any less stringent or inconsistent State
provision which may have been
previously authorized by EPA (50 FR
28702, July 15, 1985).
Some existing State requirements may
be similar to the HSWA requirements
implemented by EPA. However, until
EPA authorizes those State
requirements, EPA enforces the HSWA
requirements and not the State analogs.
IV. Administrative Requirements
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 proposes to
authorize and codify 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
VerDate Aug<31>2005
13:24 Sep 26, 2005
Jkt 205001
Act (5 U.S.C. 601 et seq.). Because this
action proposes to authorize and codify
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 proposed 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
proposes to authorize and codify 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 proposed 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 proposed
action 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
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 proposed action, 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
PO 00000
Frm 00046
Fmt 4702
Sfmt 4702
56423
the proposed action 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 proposed action does not
impose an information collection
burden under the provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
List of Subjects in 40 CFR Parts 271 and
272
Environmental protection,
Administrative practice and procedure,
Confidential business information,
Hazardous waste, Hazardous waste
transportation, Incorporation by
reference, Indian lands,
Intergovernmental relations, Penalties,
Reporting and recordkeeping
requirements.
Dated: September 20, 2005.
Robert E. Roberts,
Regional Administrator, Region VIII.
For the reasons set forth in the
preamble, 40 CFR parts 271 and 272 are
proposed to be amended as follows:
PART 271—REQUIREMENTS FOR
AUTHORIZATION OF STATE
HAZARDOUS WASTE PROGRAMS
EPA is proposing to grant final
authorization under part 271 to the State
of South Dakota for revisions to its
hazardous waste program under the
Resource Conservation and Recovery
Act.
PART 272—APPROVED STATE
HAZARDOUS WASTE MANAGEMENT
PROGRAMS
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, as amended, 42 U.S.C. 6912(a), 6926,
and 6974(b).
Subpart QQ—[Amended]
2. Subpart QQ is amended by adding
§ 272.2101 to read as follows:
§ 272.2101 South Dakota Stateadministered program: final authorization.
(a) Pursuant to section 3006(b) of
RCRA, 42 U.S.C. 6926(b), South Dakota
has final authorization for the following
elements as submitted to EPA in South
Dakota’s base program application for
final authorization which was approved
by EPA effective on November 2, 1984.
Subsequent program revision
applications were approved effective on
June 17, 1991, November 8, 1993, March
11, 1994, September 23, 1996, June 8,
E:\FR\FM\27SEP1.SGM
27SEP1
56424
Federal Register / Vol. 70, No. 186 / Tuesday, September 27, 2005 / Proposed Rules
2000, May 24, 2004 and [effective date
of final rule].
(b) The State of South Dakota has
primary responsibility for enforcing its
hazardous waste management program.
However, 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)
The South Dakota 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. This incorporation by
reference is approved by the Director of
the Federal Register in accordance with
5 U.S.C. 552(a) and 1 CFR part 51.
Copies of the South Dakota regulations
that are incorporated by reference in
this paragraph are available from South
Dakota Legislative Research Council,
3rd Floor, State Capitol, 500 East
Capitol Avenue, Pierre, SD 57501
(Phone: 605–773–3251).
(i) The Binder entitled ‘‘EPA
Approved South Dakota Regulatory
Requirements Applicable to the
Hazardous Waste Management
Program’’, dated [Month and Year of
effective date of final rule].
(ii) [Reserved]
(2) EPA considered the following
statutes and regulations in evaluating
the State program, but they are not
incorporated by reference for
enforcement purposes:
(i) South Dakota Codified Laws
(SDCL), as amended, effective July 1,
2004, Title 1, State Affairs and
Government: Chapter 1–26,
Administrative Procedures and Rules,
sections 1–26–1(1), 1–26–1(4), 1–26–
1(8) introductory paragraph, 1–26–
1(8)(a), 1–26–2, 1–26–6.6, 1–26–16
through 1–26–19, 1–26–19.1, 1–26–19.2,
1–26–27, 1–26–29, 1–26–30, 1–26–30.1,
1–26–30.2, 1–26–30.4, 1–26–31, 1–26–
31.1, 1–26–31.2, 1–26–31.4, 1–26–35
and 1–26–36; Chapter 1–27, Public
Records and Files, sections 1–27–1, first
sentence, 1–27–3, 1–27–9(2) and 1–27–
28(2); Chapter 1–32, Executive
Reorganization, section 1–32–1(1);
Chapter 1–40, Department of Natural
Resources, sections 1–40–4.1, 1–40–24,
1–40–31 and 1–40–34.
(ii) SDCL, as amended, effective July
1, 2004, Title 15, Civil Procedure:
Chapter 15–6, Rules of Procedure in
Circuit Courts, section 15–6–24(a)–(c).
VerDate Aug<31>2005
13:24 Sep 26, 2005
Jkt 205001
(iii) SDCL, as amended, effective July
1, 2004, Title 19, Evidence: Chapter 19–
13, Privileges, sections 19–13–2(1), 19–
13–2(5), 19–13–3, 19–13–20 and 19–13–
22.
(iv) SDCL, as amended, effective July
1, 2004, Title 21, Judicial Remedies:
Chapter 21–8, Injunction, section 21–8–
1.
(v) SDCL, as amended, effective July
1, 2004, Title 22, Crimes: Chapter 22–6,
Authorized Punishments, sections 22–
6–1 introductory paragraph and 22–6–
1(6).
(vi) SDCL, as amended, effective July
1, 2004, Title 23, Law Enforcement:
Chapter 23–5, Criminal Identification,
sections 23–5–1, 23–5–10(1), 23–5–
10(3), 23–5–10(4) and 23–5–11 first
sentence; Chapter 23–6, Criminal
Statistics, section 23–6–4.
(vii) SDCL, as amended, effective July
1, 2004, Title 34, Public Health and
Safety: Chapter 34–21, Radiation and
Uranium Resources Exposure Control,
section 34–21–2(7).
(viii) SDCL, as amended, effective July
1, 2004, Title 34A, Environmental
Protection: Chapter 34A–6, Solid Waste
Disposal, section 34A–6–1.3(17);
Chapter 34A–10, Remedies for
Protection of Environment, sections
34A–10–1, 34A–10–2, 34A–10–5, 34A–
10–11, 34A–10–14 and 34A–10–16,
Chapter 34A–11, Hazardous Waste
Management, sections 34A–11–1
through 34A–11–4, 34A–11–5, 34A–11–
8 through 34A–11–12, 34A–11–13
through 34A–11–16, 34A–11–17
through 34A–11–19, 34A–11–21 and
34A–11–22.
(ix) SDCL, as amended, effective July
1, 2004, Title 37, Trade Regulation,
Chapter 37–29, Uniform Trade Secrets
Act, section 37–29–1(4).
(x) Administrative Rules of South
Dakota (ARSD), Article 74:08,
Administrative Fees, effective August
29, 2004: Chapter 74:08:01, Fees for
Records Reproduction, sections
74:08:01:01 through 74:08:01:07.
(3) The following statutory 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) SDCL, as amended, effective July 1,
2004, Title 34A, Environmental
Protection, Chapter 34A–11, Hazardous
Waste Management, sections 34A–11–
12.1, 34A–11–16.1, 34A–11–25 and
34A–11–26.
(ii) [Reserved]
(4) Unauthorized State Amendments.
(i) South Dakota has adopted but is not
authorized for the following Federal
final rules:
PO 00000
Frm 00047
Fmt 4702
Sfmt 4702
(A) Removal of Legally Obsolete Rules
(HSWA/non-HSWA) (60 FR 33912, 06/
29/95);
(B) Imports and Exports of Hazardous
Waste: Implementation of OECD
Council Division (HSWA—Not
delegable to States) (61 FR 16290, 04/
12/96);
(C) Clarification of Standards for
Hazard Waste Land Disposal Restriction
Treatment Variances (HSWA)(62 FR
64504, 12/05/97); and
(D) Vacatur of Organobromide
Production Waste Listings (HSWA)(65
FR 14472, 03/17/00).
(ii) 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, EPA will
continue to enforce the Federal HSWA
standards for which South Dakota is not
authorized until the State receives
specific authorization from EPA.
(5) Memorandum of Agreement. The
Memorandum of Agreement between
EPA Region 8 and the State of South
Dakota, signed by the State of South
Dakota Department of Natural Resources
on June 6, 1996, and by the EPA
Regional Administrator on June 25,
1996, although not incorporated by
reference, is 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.
‘‘Attorney General’s Statement for Final
Authorization’’, signed by the Attorney
General of South Dakota on May 24,
1984, and revisions, supplements and
addenda to that Statement dated January
14, 1991, September 11, 1992,
September 25, 1992, April 1, 1993,
September 24, 1993, August 23, 1994,
December 29, 1994, September 5, 1995,
October 23, 1997, October 27, 1997,
October 28, 1997, November 5, 1999,
June 26, 2000, June 18, 2002 and
October 19, 2004, 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
under subtitle C of RCRA, 42 U.S.C.
6921 et seq.
3. Appendix A to part 272 , State
Requirements, is amended by adding in
alphabetical order, ‘‘South Dakota’’ and
its listing to read as follows:
E:\FR\FM\27SEP1.SGM
27SEP1
Federal Register / Vol. 70, No. 186 / Tuesday, September 27, 2005 / Proposed Rules
Appendix A to Part 272—State
Requirements
*
*
*
*
*
South Dakota
The regulatory provisions include:
Administrative Rules of South Dakota,
Article 74:28, Hazardous Waste, effective
August 29, 2004, sections 74:28:21:01,
74:28:21:02, 74:28:21:03, 74:28:22:01,
74:28:23:01, 74:28:24:01, 74:28:25:01 through
74:28:25:05, 74:28:26:01, 74:28:27:01,
74:28:28:01 through 74:28:28:05, 74:28:29:01,
74:28:30:01 and 74:28:33:01; Article 74:36,
Air Pollution Control Program, as of August
29, 2004, section 74:36:11:01.
Copies of the South Dakota regulations that
are incorporated by reference are available
from South Dakota Legislative Research
Council, 3rd Floor, State Capitol, 500 East
Capitol Avenue, Pierre, SD 57501 (Phone:
605–773–3251).
*
*
*
*
*
[FR Doc. 05–19255 Filed 9–26–05; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
49 CFR Part 571
Federal Motor Vehicle Safety
Standards
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Denial of petition for
rulemaking.
AGENCY:
SUMMARY: This document denies a
petition for rulemaking submitted by
Mr. Albert Donnay requesting NHTSA
to require manufacturers to offer carbon
monoxide detectors in all new gasoline
powered vehicles and to make available
retrofit devices for older vehicles. These
detectors would automatically shut off
the engine when carbon monoxide
levels inside the vehicle exceed a
concentration of 200 parts per million,
when the vehicle is stationary. The data
show that a mandate for in-vehicle
carbon monoxide detectors would fail to
address more than 70% of vehiclerelated carbon monoxide deaths,
because the victims are outside the
vehicle. NHTSA will use its resources to
consider safety areas where more
effective solutions are available.
FOR FURTHER INFORMATION CONTACT: Mr.
John Lee, Office of Crash Avoidance
Standards, NVS–123, National Highway
Traffic Safety Administration, 400 7th
Street, SW., Washington, DC 20590.
Telephone: (202) 366–2720. Fax: (202)
366–7002.
VerDate Aug<31>2005
13:24 Sep 26, 2005
Jkt 205001
For legal issues: Mr. George Feygin,
Office of Chief Counsel, NCC–112,
National Highway Traffic Safety
Administration, 400 7th Street, SW.,
Washington, DC 20590. Telephone:
(202) 366–2992. Fax: (202) 366–3820.
SUPPLEMENTARY INFORMATION: On
January 12, 2001, Mr. Albert Donnay
submitted a petition for rulemaking
requesting that NHTSA: (1) Issue annual
press releases on the dangers of vehicle
carbon monoxide 1 (CO) poisoning and
recommend the use of CO detectors, (2)
report CO vehicle-related fatalities
(suicide, unintentional, in moving and
stationary vehicles), (3) fund research
on CO poisoning in vehicles, (4) require
information on the dangers of carbon
monoxide poisoning be included in
owners’ manuals and (5) require
manufacturers to install CO detectors in
all new gasoline powered vehicles and
offer equivalent devices for older
vehicles. These detectors would have
the capability to cut-off the engine when
carbon monoxide levels inside the
vehicle exceed a concentration of 200
parts per million (ppm) for a stationary
vehicle. In moving vehicles the
occupants would be directed to open a
window immediately when an audio
and visual warning is given off by the
detector when CO level reached 10
ppm. In support of his petition, Mr.
Donnay cited two NHTSA Research
Notes, ‘‘Fatalities Associated With
Carbon Monoxide Poisoning From
Motor Vehicles in 1993’’ December
1996,2 and ‘‘Fatalities Associated With
Carbon Monoxide Poisoning From
Motor Vehicles, 1995–1997’’ April
2000.3
The agency is denying the petition for
the reasons explained below. We began
our consideration of the petition by
reviewing the data. In May 2004, the
1 Carbon monoxide is a colorless, odorless gas
that is contained in the exhaust of gasoline powered
motor vehicles. When inhaled in sufficient
quantities, carbon monoxide can cause illness or
death.
2 The December 1996 Research Note reported data
collected by the National Center for Health
Statistics (NCHS) on the estimated number of
people killed as a result of CO poisoning by exhaust
gases from motor vehicles in 1993. The study
examined factors such as stationary and moving
vehicles, unintentional and suicidal CO deaths,
season of the year, and vehicle location. NCHS
reported that in 1993, 1,978 deaths occurred while
the vehicle was in the stationary position. Eightyfour percent of the deaths were the result of suicide,
12 percent were accidental and 3 percent were of
unknown intent. The annual average of accidental
fatalities in stationary vehicles for 1993 was 245.
3 The April 2000 Research Note reported an
annual average of 222 accidental fatalities
associated with CO poisoning for stationary
vehicles for a period between 1995 and 1997. The
data from the April 2000 Research Note indicated
a decline in accidental fatalities in stationary
vehicles from 234 CO fatalities in 1995 to 208 CO
fatalities in 1997.
PO 00000
Frm 00048
Fmt 4702
Sfmt 4702
56425
agency published a more
comprehensive study of injuries and
fatalities resulting from, among other
things, CO poisoning.4 This study was
based on a review of 1998 death
certificates from 35 states. The results of
the study found that CO deaths most
often do not involve moving vehicles,
but rather vehicles left running in
enclosed spaces. There were 140 deaths
associated with vehicle generated
carbon monoxide poisoning found in
the death certificates reviewed. Of the
140 deaths, 41 deaths (29%) occurred
while the individual was sitting in the
vehicle. The other 71% of deaths
involved people outside the vehicle.
One hundred twenty-nine of the
fatalities (92%) occurred in a garage,
home, or residence. Most of the
scenarios involved someone working on
a vehicle with the vehicle running in a
closed garage, or a death in a residence
when someone left a vehicle running in
a garage attached to the home. A review
of scientific literature cited in the report
found, ‘‘Unintentional poisonings from
vehicle-generated carbon monoxide
diminished toward the close of the 20th
century, with a particular decline in
these types of incidents noted in the
years following 1975 when catalytic
converters were introduced into
automobiles. The steady decline from
4.0 to 0.9 deaths per 1 million personyears since 1975 represents a 76.3
percent decrease. The total number of
1998 unintentional motor vehicle
related deaths from carbon monoxide
has been reported at 238.’’ Thus, there
is a decline in vehicle-related CO deaths
absent any regulation. In addition, the
data about vehicle-related CO deaths
indicate a home CO detector would be
substantially more effective than a
vehicle CO detector at preventing these
deaths because 92% of the fatalities
occurred at the home.
Further, we note that NHTSA has
previously denied a petition for
rulemaking that is substantially similar
to Mr. Donnay’s petition,5 because the
costs far exceeded the expected benefits.
Specifically, the agency denied a
petition for rulemaking submitted by
Mr. Herb Denenberg, which requested
that: (1) The agency require carbon
monoxide detectors in all new motor
vehicles; (2) the agency require
manufacturers to offer optional carbon
monoxide detectors in all new motor
vehicles, (3) the agency require that the
owners’ manuals indicate the
4 ‘‘Non-Traffic Death and Injury Data Collection
Study,’’ see https://www.nhtsa.dot.gov/cars/
problems/studies/NonTraffic-NonCrash/Images/
noncrash.pdf.
5 See 62 FR 49190, September 19, 1997.
E:\FR\FM\27SEP1.SGM
27SEP1
]]>Agencies
[Federal Register Volume 70, Number 186 (Tuesday, September 27, 2005)]
[Proposed Rules]
[Pages 56419-56425]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-19255]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 271 and 272
[FRL-7974-9]
South Dakota: Final Authorization of State Hazardous Waste
Management Program Revision and Incorporation by Reference of Approved
State Hazardous Waste Management Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed Rule.
-----------------------------------------------------------------------
SUMMARY: South Dakota has applied to EPA for Final authorization of the
changes to its hazardous waste program under the Resource Conservation
and Recovery Act (RCRA). EPA has determined that these changes satisfy
all requirements needed to qualify for Final authorization and is
proposing to authorize the State's changes through this proposed final
action. Title 40 of the Code of Federal Regulations (CFR) Part 272 is
used by EPA to codify its decision to authorize individual State
programs and incorporates by reference those provisions of the State
statutes and regulations that are subject to EPA's inspection and
enforcement authorities as authorized provisions of the State's
program. This action also proposes to codify the authorized provisions
of the South Dakota regulations. Finally, today's document corrects
errors made in the State authorization citations published in the
August 10, 1999 and November 3, 2003 Federal Register
[[Page 56420]]
authorization documents for South Dakota.
DATES: Written comments must be received by October 27, 2005.
ADDRESSES: Submit your comments by one of the following methods: 1.
Federal eRulemaking Portal: https://www.regulations.gov. Follow the on-
line instructions for submitting comments. 2. E-mail:
shurr.kris@epa.gov. 3. Mail: Kris Shurr, 8P-HW, U.S. EPA, Region 8, 999
18th St., Ste 300, Denver, Colorado 80202-2466, phone number: (303)
312-6139. 4. Hand Delivery or Courier: Deliver your comments to Kris
Shurr, 8P-HW, U.S. EPA, Region 8, 999 18th St., Ste 300, Denver,
Colorado 80202-2466, phone number: (303) 312-6139. Do not submit
information that you consider to be CBI or otherwise protected through
regulations.gov or e-mail. The Federal regulations.gov website 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 e-mail comment directly to EPA without going
through regulations.gov, your e-mail 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. Copies of the South Dakota program revision applications
and the materials which EPA used in evaluating the revisions are
available for inspection and copying at the following locations: EPA
Region 8, from 7 a.m. to 4 p.m., 999 18th Street, Suite 300, Denver,
Colorado 80202-2466, contact: Kris Shurr, phone number: (303) 312-6139,
or SDDENR, from 9 a.m. to 5 p.m., Joe Foss Building, 523 E. Capitol,
Pierre, South Dakota 57501-3181, contact: Carrie Jacobson, phone number
(605) 773-3153.
FOR FURTHER INFORMATION CONTACT: Kris Shurr, 8P-HW, U.S. EPA, Region 8,
999 18th Street, Suite 300, Denver, CO 80202-2466, phone number: (303)
312-6139 or email: shurr.kris@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Authorization of Revisions to South Dakota's Hazardous Waste Program
A. Why Are Revisions to State Programs Necessary?
States which 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
than the Federal 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 through 266, 268, 270, 273 and 279.
B. What Decisions Have We Made in This Action?
We conclude that South Dakota's applications to revise its
authorized program meet all of the statutory and regulatory
requirements established by RCRA. Therefore, we propose to grant South
Dakota final authorization to operate its hazardous waste program with
the changes described in the authorization applications. South Dakota
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 South Dakota,
including issuing permits, until South Dakota is authorized to do so.
C. What Is the Effect of Today's Authorization Decision?
This decision means that facilities in South Dakota subject to RCRA
will have to comply with the authorized State requirements instead of
the equivalent Federal requirements in order to comply with RCRA. South
Dakota has enforcement responsibility 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, the authority to conduct inspections and require monitoring,
tests, analyses, or reports; and enforce RCRA requirements; suspend or
revoke permits.
This action does not impose additional requirements on the
regulated community because the regulations for which South Dakota is
being authorized by today's action are already effective and are not
changed by today's action.
D. What Happens If EPA Receives Comments That Oppose This Action?
If EPA receives comments that oppose this authorization, we will
address all public comments in a later Federal Register. You will not
have another opportunity to comment, therefore, if you want to comment
on this action, you must do so at this time.
E. What Has South Dakota Previously Been Authorized For?
South Dakota initially received Final authorization on October 19,
1984, effective November 2, 1984 (49 FR 41038) to implement the RCRA
hazardous waste management program. We granted authorization for
changes to their program on April 17, 1991, effective June 17, 1991 (56
FR 15503); September 8, 1993, effective November 8, 1993 (FR 47216);
January 10, 1994, effective March 11, 1994 (59 FR 01275); July 24,
1996, effective September 23, 1996 (61 FR 38392); May 9, 2000,
effective June 8, 2000 (65 FR 26755) and April 23, 2004, effective May
24, 2004 (69 FR 21962).
F. What Changes Are We Proposing To Authorize With Today's Action?
South Dakota submitted a final complete program revision
application on October 25, 2004, 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 South
Dakota's hazardous waste program revision satisfies all of the
requirements necessary to qualify for Final authorization. Therefore,
we propose to grant South Dakota final authorization for the following
program changes:
1. Program Revision Changes for Federal Rules
South Dakota seeks authority to administer the Federal requirements
that are listed below (the Federal Citation is followed by the analog
from the Administrative Rules of South Dakota (ARSD 74:28), revised
August 29, 2004): Reissuance of the ``Mixture'' and ``Derived-From''
Rules (57 FR
[[Page 56421]]
07628, 03/03/92; 57 FR 23062, 06/01/92; 57 FR 49278, 10/30/92)
(Checklists 117A through 117A.2)/74:28:22:01; Universal Waste Rule--
Specific Provisions for Pesticides (60 FR 25492, 05/11/95) (Checklist
142C)/74:28:21:02, 74:28:22:01, 74:28:25:01, 74:28:26:01, 74:28:28:01,
74:28:30:01, and 74:28:33:01; RCRA Expanded Public Participation (60 FR
63417, 12/11/95) (Checklist 148)/74:28:26:01; Organic Air Emission
Standards for Tanks, Surface Impoundments, & Containers (59 FR 62896,
12/06/94; 60 FR 26828, 05/19/95; 60 FR 50426, 09/29/95; 60 FR 56952,
11/13/95; 61 FR 04903, 02/09/96; 61 FR 28508, 06/05/96; and 61 FR
59932, 11/25/96) (Checklists 154 through 154.6)/74:36:11:01,
74:28:21:02, 74:28:22:01, 74:28:23:01, 74:28:25:01, 74:28:26:01, and
74:28:28:01; Organic Air Emission Standards for Tanks, Surface
Impoundments, and Containers; Clarification and Technical Amendment (62
FR 64636, 12/08/97) (Checklist 163)/ 74:28:25:01, 74:28:26:01, and
74:28:28:01; Mineral Processing Secondary Materials Exclusion (63 FR
28556, 05/26/98)(Checklist 167D--revised)/ 74:28:22:01; HWIR-Media (63
FR 65874; 11/30/98) (Checklist 175)/74:28:21:01(17), 74:28:21:02,
74:28:22:01, 74:28:25:01, 74:28:26:01, 74:28:28:01, and 74:28:30:01;
Test Procedures for the Analysis of Oil and Grease and Non-Polar
Material (64 FR 26315, 05/14/99) (Checklist 180)/74:28:21:02; Petroleum
Refining Process Wastes--Clarification (64 FR 36365, 06/08/00)
(Checklist 187)/74:28:22:01 and 74:28:30:01; Hazardous Air Pollutant
Standards; Technical Corrections (65 FR 42292, 07/10/00; 66 FR 24270,
05/14/01; 66 FR 35087, 07/03/01) (Checklists 188 through 188.2)/
74:28:22:01, 74:28:25:01, and 74:28:26:01; Chlorinated Aliphatics
Listing and LDRs for Newly Identified Wastes (65 FR 67068, 11/8/00)
(Checklist 189)/74:28:22:01 and 74:28:30:01; Land Disposal Restrictions
Phase IV Deferral for PCBs in Soil (65 FR 81373, 12/26/00) (Checklist
190)/74:28:30:01; Storage, Treatment, Transportation, and Disposal of
Mixed Waste (66 FR 27218, 05/16/01) (Checklist 191)/74:28:27:01;
Mixture and Derived-From Rules Revisions (66 FR 27266, 05/16/01)
(Checklist 192A)/74:28:22:01; Land Disposal Restrictions Correction (66
FR 27266, 05/16/01) (Checklist 192B)/74:28:30:01; Change of Official
EPA Mailing Address (66 FR 34374, 06/28/01) (Checklist 193)/
74:28:21:02; Mixture and Derived-From Rules Revision II (66 FR 50332,
10/03/01) (Checklist 194)/74:28:22:01; Inorganic Chemical Manufacturing
Wastes Identification and Listing (66 FR 58258, 11/20/01; 67 FR 17119,
04/09/02) (Checklists 195 & 195.1)/74:28:22:01 and 74:28:30:01; CAMU
Amendments (67 FR 2962, 01/22/02) (Checklist 196)/74:28:21:02 and
74:28:25:01; Hazardous Air Pollutant Standards for Combustors: Interim
Standards (67 FR 6792, 02/13/02) (Checklist 197)/74:28:25:01,
74:28:26:01, 74:28:27:01, and 74:28:28:01; Hazardous Air Pollutant
Standards for Combustors: Corrections (67 FR 6968, 02/14/02) (Checklist
198)/74:28:26:01 and 74:28:27:01; Vacatur of Mineral Processing Spent
Materials Being Reclaimed as Solid Wastes (67 FR 11251, 03/13/02)
(Checklist 199)/74:28:22:01; Zinc Fertilizer Rule (67 FR 48393, 07/24/
02) (Checklist 200)/74:28:22:01, 74:28:27:01, and 74:28:30:01;
Treatment Variance for Radioactively Contaminated Batteries (67 FR
62618, 10/07/02) (Checklist 201)/74:28:30:01; Hazardous Air Pollutants
for Combustors-Corrections 2 (67 FR 77687, 12/19/02) (Checklist 202)/
74:28:26:01.
2. State-Initiated Changes
South Dakota has made amendments to its regulations that are not
directly related to any of the Federal rules addressed in Item F.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 Administrative Rules of South Dakota (ARSD 74:28), revised
August 29, 2004: 74:28:21:01 introductory paragraph, 74:28:21:01(2)-
(16), 74:28:21:03, 74:28:24:01, 74:28:25:02 through 74:28:25:05,
74:28:28:02 through 74:28:28:05 and 74:28:33:01.
G. Where Are the Revised State Rules Different From the Federal Rules?
South Dakota did not make any changes that are more stringent or
broader-in-scope than the Federal rules in this rulemaking. South
Dakota did not change any previously more stringent or broader-in-scope
provisions to be equivalent to the Federal rules.
H. Who Handles Permits After the Authorization Takes Effect?
South Dakota will issue permits for all the provisions for which it
is authorized and will administer the permits it issues. EPA will
continue to administer any RCRA hazardous waste permits or portions of
permits which were issued prior to the effective date of this
authorization until South Dakota has equivalent instruments in place.
We will not issue any new permits or new portions of permits for the
provisions listed in Item G after the effective date of this
authorization. EPA previously suspended issuance of permits for other
provisions on the effective date of South Dakota's Final Authorization
for the RCRA base program and each of the revisions listed in Item F.
EPA will continue to implement and issue permits for HSWA requirements
for which South Dakota is not yet authorized.
I. How Does Today's Action Affect Indian Country (18 U.S.C. 1151) in
South Dakota?
This program revision does not extend to ``Indian country'' as
defined in 18 U.S.C. 1151. Indian country includes:
1. Lands within the exterior boundaries of the following Indian
reservations located within the State of South Dakota:
a. Cheyenne River Indian Reservation;
b. Crow Creek Indian Reservation;
c. Flandreau Indian Reservation;
d. Lower Brule Indian Reservation;
e. Pine Ridge Indian Reservation;
f. Rosebud Indian Reservation;
g. Standing Rock Indian Reservation;
h. Yankton Indian Reservation;
2. Any land held in trust by the United States for an Indian tribe;
and,
3. Any other areas which are ``Indian country'' within the meaning
of 18 U.S.C. 1151.
II. Corrections
A. Corrections to August 10, 1999 (64 FR 43331) Proposed Authorization
Document
There were typographical errors and omissions in the table
published as part of the August 10, 1999 (64 FR 43331) authorization
notice for South Dakota. The corrections for the affected entries are
as follows (the corrections have been italicized):
1. In the entry for Checklist 82, insert ``74:28:25:05'' after
``74:28:23:01'' and insert ``74:28:28:05'' after ``74:28:26:01'';
2. In the entry for Checklist 92, insert ``74:28:25:05'' after
``74:28:23:01'' and insert ``74:28:28:05'' after ``74:28:26:01'';
3. In the entry for Checklist 120, insert ``74:28:25:05;
74:28:28:05'' after ``74:28:22:01''; and
4. In the entry for Checklist 142A, insert ``74:28:23:01'' after
``74:28:22:01''.
[[Page 56422]]
B. Corrections to November 3, 2003 (68 FR 62264) Proposed Authorization
Document
There were typographical errors and omissions in the State
citations published as part of the November 3, 2003 (68 FR 62264)
authorization notice for South Dakota. The affected entries in Section
F, ``What Changes Are We Proposing To Authorize With Today's Action?''
are shown below. The corrections have been italicized.
1. All references to ``78:28'' are corrected to read ``74:28''
2. The State citation ``74:28:21:01'' is removed from the entry for
Hazardous Air Pollutant Standards for Combustors (Checklist 182).
3. The entry for ``Toxicity Characteristics Revision as of June 30,
2000'' is revised to read as follows: Toxicity Characteristics Revision
as of June 30, 2000 (Consolidated Checklist includes 55 FR 11798, 3/29/
90 and 55 FR 26986, 6/29/90 (Checklist 74)/74:28:22:01, 74:28:25:01,
74:28:28:01 and 74:28:30:01; 55 FR 40834, 10/5/90, 56 FR 03978, 2/1/91,
and 56 FR 13406, 4/2/91 (Checklist 80)/74:28:22:01; 56 FR 05910, 2/13/
91 (Checklist 84)/74:28:22:01; 57 FR 30657, 7/10/92 (Checklist 108)/
74:28:22:01 and 74:28:28:01; 57 FR 23062, 6/1/92 (Checklist 117B)/
74:28:22:01; 57 FR 55114, 11/24/92 (Checklist 119)/74:28:22:01, as well
as 58 FR 46040, 8/31/93 (Checklist 126 update)/74:28:30:01 and 62 FR
25998, 5/12/97 (Checklist 157 update)/74:28:22:01 and 74:28:30:01.
4. One entry was inadvertently omitted from the list of State
provisions being authorized by EPA. The entry should be added to the
end of the list as follows:
Exceptions to Blending and Burning of Hazardous Waste (RCRA Section
3004(q)(2)(A), (r)(2) and (r)(3), as codified in 40 CFR
261.4(a)(12)(i)&(ii)) (Non-Checklist Item BB)/74:28:22:01.
III. Incorporation By Reference
A. What Is Codification?
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 State regulations authorized
by EPA supplant the federal regulations concerning the same matter with
the result that after authorization EPA enforces the authorized
regulations. Infrequently, State statutory language which acts to
regulate a matter is also authorized by EPA with the consequence that
EPA enforces the authorized statutory provision. EPA does not authorize
State enforcement authorities and does not authorize State procedural
requirements. EPA codifies the authorized State program in 40 CFR part
272 and incorporates by reference State statutes and regulations that
make up the approved program which is Federally enforceable in
accordance with Sections 3007, 3008, 3013, and 7003 of RCRA, 42 U.S.C.
6927, 6928, 6934 and 6973, and any other applicable statutory and
regulatory provisions.
B. What Decisions Have We Proposed in This Action?
Today's action proposes to codify EPA's authorization of South
Dakota's base hazardous waste management program and its revisions to
that program. The proposed codification reflects the State program that
would be in effect at the time EPA's authorized revisions to the South
Dakota hazardous waste management program addressed in this proposed
rule become final. This proposed action does not reopen any decision
EPA previously made concerning the authorization of the State's
hazardous waste management program. EPA is not requesting comments on
its decisions published in the Federal Register notices referenced in
section I.E of this document concerning revisions to the authorized
program in South Dakota.
EPA is proposing to incorporate by reference EPA's approval of
South Dakota's hazardous waste management program by amending Subpart
QQ to 40 CFR part 272. The proposed action amends Sec. 272.2101 and
incorporates by reference South Dakota's authorized hazardous waste
regulations, as amended through August 29, 2004. Section 272.2101 also
references the demonstration of adequate enforcement authority,
including procedural and enforcement provisions, which provide the
legal basis for the State's implementation of the hazardous waste
management program. In addition, Sec. 272.2101 references the
Memorandum of Agreement, the Attorney General's Statements and the
Program Description, which are evaluated as part of the approval
process of the hazardous waste management program in accordance with
Subtitle C of RCRA.
C. What Is the Effect of South Dakota's Codification on Enforcement?
EPA retains the authority under statutory provisions, including but
not limited to, RCRA sections 3007, 3008, 3013 and 7003, and other
applicable statutory and regulatory provisions to undertake inspections
and enforcement actions and to issue orders in all authorized States.
With respect to enforcement actions, EPA will rely on Federal
sanctions, Federal inspection authorities, and Federal procedures
rather than the State analogs to these provisions. Therefore, the EPA
is not proposing to incorporate by reference South Dakota's inspection
and enforcement authorities nor are those authorities part of South
Dakota's approved State program which operates in lieu of the Federal
program. 40 CFR 272.2101(c)(2) lists these authorities for
informational purposes, and also because EPA considered them in
determining the adequacy of South Dakota's procedural and enforcement
authorities. South Dakota's authority to inspect and enforce the
State's hazardous waste management program requirements continues to
operate independently under State law.
D. What State Provisions Are Not Proposed as Part of the Codification?
The public is reminded that some provisions of South Dakota's
hazardous waste management program are not part of the federally
authorized State program. These non-authorized provisions include:
(1) Provisions that are not part of the RCRA subtitle C program
because they are ``broader in scope'' than RCRA subtitle C (see 40 CFR
271.1(i));
(2) Federal rules for which South Dakota is not authorized, but
which have been incorporated into the State regulations because of the
way the State adopted Federal regulations by reference.
(3) State procedural and enforcement authorities which are
necessary to establish the ability of the State's program to enforce
compliance but which do not supplant the Federal statutory enforcement
and procedural authorities.
State provisions that are ``broader in scope'' than the Federal
program are not incorporated by reference in 40 CFR part 272. For
reference and clarity, EPA proposes to list in 40 CFR 272.2101(c)(3)
the South Dakota statutory provisions which are ``broader in scope''
than the Federal program and which are not part of the authorized
program being incorporated by reference. While ``broader in scope''
provisions are not part of the authorized program and cannot be
enforced by EPA; the State may enforce such provisions under State law.
South Dakota has adopted but is not authorized for certain Federal
final rules published between May 11, 1995 and March 17, 2000.
Therefore, the Federal
[[Page 56423]]
amendments to 40 CFR parts 261, 262, 263, 264, 265, 266, 268, 270 and
273 addressed by these Federal rules and included in South Dakota's
adoption by reference at ARSD, section 74:28:22:01, 74:28:23:01,
74:28:24:01, 74:28:25:01, 74:28:28:01, 74:28:27:01, 74:28:30:01,
74:28:26:01 and 74:28:33:01, respectively, are not part of the State's
authorized program included in this proposed codification. EPA is
proposing to identify in 40 CFR 272.2101(c)(4) those Federal
regulations which, while adopted by South Dakota, are not authorized by
EPA.
E. What Will Be the Effect of the Proposed Codification on Federal HSWA
Requirements?
With respect to any requirement(s) pursuant to HSWA for which the
State has not yet been authorized, and which EPA has identified as
taking effect immediately in States with authorized hazardous waste
management programs, EPA will enforce those Federal HSWA standards
until the State is authorized for those provisions.
The proposed codification does not affect Federal HSWA requirements
for which the State is not authorized. EPA has authority to implement
HSWA requirements in all States, including States with authorized
hazardous waste management programs, until the States become authorized
for such requirements or prohibitions, unless EPA has identified the
HSWA requirement(s) as an optional or as a less stringent requirement
of the Federal program. A HSWA requirement or prohibition, unless
identified by EPA as optional or as less stringent, supersedes any less
stringent or inconsistent State provision which may have been
previously authorized by EPA (50 FR 28702, July 15, 1985).
Some existing State requirements may be similar to the HSWA
requirements implemented by EPA. However, until EPA authorizes those
State requirements, EPA enforces the HSWA requirements and not the
State analogs.
IV. Administrative Requirements
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 proposes to authorize and codify 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 proposes to authorize and codify 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 proposed 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 proposes to authorize
and codify 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 proposed 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 proposed
action 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 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 proposed action, 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 proposed action 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 proposed action does not impose an
information collection burden under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
List of Subjects in 40 CFR Parts 271 and 272
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous waste, Hazardous waste
transportation, Incorporation by reference, Indian lands,
Intergovernmental relations, Penalties, Reporting and recordkeeping
requirements.
Dated: September 20, 2005.
Robert E. Roberts,
Regional Administrator, Region VIII.
For the reasons set forth in the preamble, 40 CFR parts 271 and 272
are proposed to be amended as follows:
PART 271--REQUIREMENTS FOR AUTHORIZATION OF STATE HAZARDOUS WASTE
PROGRAMS
EPA is proposing to grant final authorization under part 271 to the
State of South Dakota for revisions to its hazardous waste program
under the Resource Conservation and Recovery Act.
PART 272--APPROVED STATE HAZARDOUS WASTE MANAGEMENT PROGRAMS
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, as amended, 42 U.S.C. 6912(a), 6926, and 6974(b).
Subpart QQ--[Amended]
2. Subpart QQ is amended by adding Sec. 272.2101 to read as
follows:
Sec. 272.2101 South Dakota State-administered program: final
authorization.
(a) Pursuant to section 3006(b) of RCRA, 42 U.S.C. 6926(b), South
Dakota has final authorization for the following elements as submitted
to EPA in South Dakota's base program application for final
authorization which was approved by EPA effective on November 2, 1984.
Subsequent program revision applications were approved effective on
June 17, 1991, November 8, 1993, March 11, 1994, September 23, 1996,
June 8,
[[Page 56424]]
2000, May 24, 2004 and [effective date of final rule].
(b) The State of South Dakota has primary responsibility for
enforcing its hazardous waste management program. However, 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) The South Dakota
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. This
incorporation by reference is approved by the Director of the Federal
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies
of the South Dakota regulations that are incorporated by reference in
this paragraph are available from South Dakota Legislative Research
Council, 3rd Floor, State Capitol, 500 East Capitol Avenue, Pierre, SD
57501 (Phone: 605-773-3251).
(i) The Binder entitled ``EPA Approved South Dakota Regulatory
Requirements Applicable to the Hazardous Waste Management Program'',
dated [Month and Year of effective date of final rule].
(ii) [Reserved]
(2) EPA considered the following statutes and regulations in
evaluating the State program, but they are not incorporated by
reference for enforcement purposes:
(i) South Dakota Codified Laws (SDCL), as amended, effective July
1, 2004, Title 1, State Affairs and Government: Chapter 1-26,
Administrative Procedures and Rules, sections 1-26-1(1), 1-26-1(4), 1-
26-1(8) introductory paragraph, 1-26-1(8)(a), 1-26-2, 1-26-6.6, 1-26-16
through 1-26-19, 1-26-19.1, 1-26-19.2, 1-26-27, 1-26-29, 1-26-30, 1-26-
30.1, 1-26-30.2, 1-26-30.4, 1-26-31, 1-26-31.1, 1-26-31.2, 1-26-31.4,
1-26-35 and 1-26-36; Chapter 1-27, Public Records and Files, sections
1-27-1, first sentence, 1-27-3, 1-27-9(2) and 1-27-28(2); Chapter 1-32,
Executive Reorganization, section 1-32-1(1); Chapter 1-40, Department
of Natural Resources, sections 1-40-4.1, 1-40-24, 1-40-31 and 1-40-34.
(ii) SDCL, as amended, effective July 1, 2004, Title 15, Civil
Procedure: Chapter 15-6, Rules of Procedure in Circuit Courts, section
15-6-24(a)-(c).
(iii) SDCL, as amended, effective July 1, 2004, Title 19, Evidence:
Chapter 19-13, Privileges, sections 19-13-2(1), 19-13-2(5), 19-13-3,
19-13-20 and 19-13-22.
(iv) SDCL, as amended, effective July 1, 2004, Title 21, Judicial
Remedies: Chapter 21-8, Injunction, section 21-8-1.
(v) SDCL, as amended, effective July 1, 2004, Title 22, Crimes:
Chapter 22-6, Authorized Punishments, sections 22-6-1 introductory
paragraph and 22-6-1(6).
(vi) SDCL, as amended, effective July 1, 2004, Title 23, Law
Enforcement: Chapter 23-5, Criminal Identification, sections 23-5-1,
23-5-10(1), 23-5-10(3), 23-5-10(4) and 23-5-11 first sentence; Chapter
23-6, Criminal Statistics, section 23-6-4.
(vii) SDCL, as amended, effective July 1, 2004, Title 34, Public
Health and Safety: Chapter 34-21, Radiation and Uranium Resources
Exposure Control, section 34-21-2(7).
(viii) SDCL, as amended, effective July 1, 2004, Title 34A,
Environmental Protection: Chapter 34A-6, Solid Waste Disposal, section
34A-6-1.3(17); Chapter 34A-10, Remedies for Protection of Environment,
sections 34A-10-1, 34A-10-2, 34A-10-5, 34A-10-11, 34A-10-14 and 34A-10-
16, Chapter 34A-11, Hazardous Waste Management, sections 34A-11-1
through 34A-11-4, 34A-11-5, 34A-11-8 through 34A-11-12, 34A-11-13
through 34A-11-16, 34A-11-17 through 34A-11-19, 34A-11-21 and 34A-11-
22.
(ix) SDCL, as amended, effective July 1, 2004, Title 37, Trade
Regulation, Chapter 37-29, Uniform Trade Secrets Act, section 37-29-
1(4).
(x) Administrative Rules of South Dakota (ARSD), Article 74:08,
Administrative Fees, effective August 29, 2004: Chapter 74:08:01, Fees
for Records Reproduction, sections 74:08:01:01 through 74:08:01:07.
(3) The following statutory 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) SDCL, as amended, effective July 1, 2004, Title 34A,
Environmental Protection, Chapter 34A-11, Hazardous Waste Management,
sections 34A-11-12.1, 34A-11-16.1, 34A-11-25 and 34A-11-26.
(ii) [Reserved]
(4) Unauthorized State Amendments. (i) South Dakota has adopted but
is not authorized for the following Federal final rules:
(A) Removal of Legally Obsolete Rules (HSWA/non-HSWA) (60 FR 33912,
06/29/95);
(B) Imports and Exports of Hazardous Waste: Implementation of OECD
Council Division (HSWA--Not delegable to States) (61 FR 16290, 04/12/
96);
(C) Clarification of Standards for Hazard Waste Land Disposal
Restriction Treatment Variances (HSWA)(62 FR 64504, 12/05/97); and
(D) Vacatur of Organobromide Production Waste Listings (HSWA)(65 FR
14472, 03/17/00).
(ii) 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, EPA will
continue to enforce the Federal HSWA standards for which South Dakota
is not authorized until the State receives specific authorization from
EPA.
(5) Memorandum of Agreement. The Memorandum of Agreement between
EPA Region 8 and the State of South Dakota, signed by the State of
South Dakota Department of Natural Resources on June 6, 1996, and by
the EPA Regional Administrator on June 25, 1996, although not
incorporated by reference, is 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. ``Attorney General's Statement
for Final Authorization'', signed by the Attorney General of South
Dakota on May 24, 1984, and revisions, supplements and addenda to that
Statement dated January 14, 1991, September 11, 1992, September 25,
1992, April 1, 1993, September 24, 1993, August 23, 1994, December 29,
1994, September 5, 1995, October 23, 1997, October 27, 1997, October
28, 1997, November 5, 1999, June 26, 2000, June 18, 2002 and October
19, 2004, 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 under subtitle C of RCRA, 42 U.S.C. 6921 et seq.
3. Appendix A to part 272 , State Requirements, is amended by
adding in alphabetical order, ``South Dakota'' and its listing to read
as follows:
[[Page 56425]]
Appendix A to Part 272--State Requirements
* * * * *
South Dakota
The regulatory provisions include:
Administrative Rules of South Dakota, Article 74:28, Hazardous
Waste, effective August 29, 2004, sections 74:28:21:01, 74:28:21:02,
74:28:21:03, 74:28:22:01, 74:28:23:01, 74:28:24:01, 74:28:25:01
through 74:28:25:05, 74:28:26:01, 74:28:27:01, 74:28:28:01 through
74:28:28:05, 74:28:29:01, 74:28:30:01 and 74:28:33:01; Article
74:36, Air Pollution Control Program, as of August 29, 2004, section
74:36:11:01.
Copies of the South Dakota regulations that are incorporated by
reference are available from South Dakota Legislative Research
Council, 3rd Floor, State Capitol, 500 East Capitol Avenue, Pierre,
SD 57501 (Phone: 605-773-3251).
* * * * *
[FR Doc. 05-19255 Filed 9-26-05; 8:45 am]
BILLING CODE 6560-50-P
