Colorado: Final Authorization of State Hazardous Waste Management Program Revisions, 40518-40521 [E9-19315]
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Federal Register / Vol. 74, No. 154 / Wednesday, August 12, 2009 / Rules and Regulations
§ 180.155 1-Naphthaleneacetic acid;
tolerances for residues.
(a) General. (1) * * *
(2) * * *
(b) Section 18 emergency exemptions.
Time-limited tolerances specified in the
following table are established for
residues of the ethyl ester of 1naphthaleneacetic acid in or on the
following raw agricultural commodities
resulting from use of the pesticide
Commodity
Parts per million
avocado
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Expiration/revocation date
0.05
December 31, 2012
• Mail: Christina Cosentini, Region 8,
Solid and Hazardous Waste Program,
U.S. EPA, Region 8, 1595 Wynkoop
Street, Denver, Colorado 80202–1129,
phone number: (303) 312–6231.
• Hand Delivery or Courier: Deliver
[FR Doc. E9–19200 Filed 8–11–09; 8:45 am]
your comments to Christina Cosentini,
BILLING CODE 6560–50–S
Region 8, Solid and Hazardous Waste
Program, Mailcode 8P–HW, U.S. EPA,
Region 8, 1595 Wynkoop Street, Denver,
ENVIRONMENTAL PROTECTION
Colorado 80202–1129, phone number:
AGENCY
(303) 312–6231.
Instructions: Direct your comments to
40 CFR Part 271
Docket ID No. EPA–R08–RCRA–2009–
[EPA–R08–RCRA–2009–0341; FRL–8941–1]
0341. EPA’s policy is that all comments
received will be included in the public
Colorado: Final Authorization of State
docket without change, including any
Hazardous Waste Management
personal information provided, unless
Program Revisions
the comment includes information
claimed to be Confidential Business
AGENCY: Environmental Protection
Information (CBI) or other information,
Agency (EPA).
disclosure of which is restricted by
ACTION: Immediate final rule.
statute. Do not submit information that
SUMMARY: The Solid Waste Disposal Act, you consider to be CBI or otherwise
as amended, commonly referred to as
protected from disclosure through
the Resource Conservation and
https://www.regulations.gov, or e-mail.
Recovery Act (RCRA), allows the
The federal Web site, https://
Environmental Protection Agency (EPA) www.regulations.gov, is an ‘‘anonymous
to authorize states to operate their
access’’ system, which means EPA will
hazardous waste management programs not know your identity or contact
in lieu of the federal program. Colorado
information unless you provide it in the
has applied to the EPA for final
body of your comment. If you send an
authorization of changes to its
e-mail comment directly to EPA without
hazardous waste program under RCRA.
going through https://
EPA has determined that these changes
www.regulations.gov, your e-mail
satisfy all requirements needed to
address will be automatically captured
qualify for final authorization, and is
and included as part of the comment
authorizing the state’s changes through
that is placed in the public docket and
this immediate final action.
made available on the Internet. If you
submit an electronic comment, EPA
DATES: This final authorization will
recommends that you include your
become effective on October 13, 2009
unless the EPA receives adverse written name and other contact information in
the body of your comment and with any
comments by September 11, 2009. If
adverse written comments are received, disk or CD–ROM you submit. If EPA
EPA will publish a timely withdrawal of cannot read your comment due to
technical difficulties and cannot contact
this immediate final rule in the Federal
you for clarification, EPA may not be
Register and inform the public that this
able to consider your comment.
authorization will not take effect.
Electronic files should avoid the use of
ADDRESSES: Submit your comments,
special characters, any form of
identified by Docket No. EPA–R08–
encryption, and be free of any defects or
RCRA–2009–0341, by any of the
viruses. For additional information
following methods:
• Federal eRulemaking Portal: https:// about EPA’s public docket, visit the EPA
www.regulations.gov. Follow the on-line Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
instructions for submitting comments.
Docket: All documents in the docket
• E-mail: cosentini.christina@epa.gov.
are listed in the https://
• Fax: (303) 312–6341.
(c) Tolerances with regional
registrations. [Reserved]
(d) Indirect or inadvertent residues.
[Reserved]
*
*
*
*
*
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pursuant to FIFRA section 18
emergency exemptions. The tolerances
expire and are revoked on the date
specified in the following table.
16:35 Aug 11, 2009
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www.regulations.gov.index. Although
listed in the index, some information
may not be publicly available, e.g., CBI
or other information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
will be publicly available only in hard
copy. Publicly available docket
materials are available either
electronically through https://
www.regulations.gov or in hard copy
from 9 a.m. to 4 p.m. at: EPA Region 8,
1595 Wynkoop Street, Denver,
Colorado, contact: Christina Cosentini,
phone number (303) 312–6231, or the
Colorado Department of Public Health
and Environment, 4300 Cherry Creek
Drive South, Denver, Colorado 80222–
1530, contact: Randy Perila, phone
number (303) 692–3364. The public is
advised to call in advance to verify
business hours.
FOR FURTHER INFORMATION CONTACT:
Christina Cosentini, (303) 312–6231,
cosentini.christina@epa.gov or Randy
Perila, (303) 692–3364,
randy.perila@state.co.us.
SUPPLEMENTARY INFORMATION:
A. Why Are Revisions to State
Programs Necessary?
States that have received final
authorization from EPA under RCRA
section 3006(b), 42 U.S.C. 6926(b), must
maintain a hazardous waste program
that is equivalent to, consistent with,
and no less stringent than the Federal
program. As the Federal program
changes, states must change their
programs and ask the 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 the 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 Rule?
We conclude that Colorado’s
application to revise its authorized
program meets all of the statutory and
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Federal Register / Vol. 74, No. 154 / Wednesday, August 12, 2009 / Rules and Regulations
regulatory requirements established by
RCRA. Therefore, we grant Colorado
Final Authorization to operate its
hazardous waste program with the
changes described in the authorization
application. Colorado 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 the EPA promulgates
under the authority of HSWA take effect
in authorized states before they are
authorized for the requirements. Thus,
the EPA will implement those
requirements and prohibitions in
Colorado including issuing permits,
until Colorado is authorized to do so.
C. What Is the Effect of Today’s
Authorization Decision?
This decision means that a facility in
Colorado subject to RCRA will now
have to comply with the authorized
state requirements instead of the
equivalent Federal requirements in
order to comply with RCRA. Colorado
has enforcement responsibilities under
its state hazardous waste program for
violations of such program, but EPA
retains its authority under RCRA
sections 3007, 3008, 3013, and 7003,
which include, among others, authority
to: (1) Conduct inspections, and require
monitoring, tests, analyses, or reports;
(2) enforce RCRA requirements, suspend
or revoke permits, and, (3) take
enforcement action regardless of
whether Colorado has taken its own
actions.
This action does not impose
additional requirements on the
regulated community because the
regulations for which Colorado is being
authorized by this action are already
effective under state law, and are not
changed by this action.
D. Why Wasn’t There a Proposed Rule
Before Today’s Rule?
EPA did not publish a proposal before
this rule because we view this as a
routine program change. We are
providing an opportunity for the public
to comment now. In addition to this
rule, we are publishing a separate
document that proposes to authorize the
state program changes in the proposed
rules section of today’s Federal
Register.
E. What Happens if the EPA Receives
Comments That Oppose This Action?
If the EPA receives comments that
oppose this authorization, we will
withdraw this rule by publishing a
document in the Federal Register before
the rule becomes effective. We will then
address all public comments in a later
Federal Register notice. You may not
have another opportunity to comment. If
you want to comment on this
authorization, you must do so at this
time.
If we receive comments that oppose
only the authorization of a particular
change to the Colorado hazardous waste
program, we will withdraw only that
part of this rule, but the authorization of
the program changes that the comments
do not oppose will become effective on
the date specified in this document. The
Federal Register withdrawal document
will specify which part of the
40519
authorization will become effective, and
which part is being withdrawn.
F. For What Has Colorado Previously
Been Authorized?
Colorado initially received final
authorization on October 19, 1984,
effective November 2, 1984 (49 FR
41036), to implement the RCRA
hazardous waste management program.
We granted authorization for changes to
the state’s program on: October 24,
1986, effective November 7; 1986 (51 FR
37729), May 15, 1989, effective July 14,
1989 (54 FR 20847); May 10, 1991,
effective July 9, 1991 (56 FR 21601);
April 7, 1994, effective June 6, 1994 (59
FR 16568); November 14, 2003, effective
January 13, 2004 (68 FR 64550) and
March 12, 2008 (73 FR 13141) effective
May 12, 2008.
G. What Changes Are We Approving
With Today’s Action?
Colorado submitted a final complete
program application on December 20,
2006, seeking authorization of their
changes in accordance with 40 CFR
271.21. We now make an immediate
final decision, subject to receipt of
written comments that oppose this
action, that Colorado’s hazardous waste
program revisions satisfy all of the
requirements necessary to qualify for
final authorization. The state of
Colorado is not seeking to be authorized
for Methods Innovation Rule and SW–
846 Update (Checklist 208). Rather,
Colorado’s revisions consist of
regulations that specifically govern
Federal Hazardous Waste revisions
promulgated from July 1, 2004 through
June 30, 2005 (RCRA Clusters XV).
Colorado’s requirements are included in
a chart with this document.
Federal Register date and page
(and/or RCRA statutory authority)
Analogous state authority
Nonwastewaters from Dyes and
Pigments. (Checklist 206).
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Description of federal requirement
(include checklist #, if relevant)
70 FR 9138–9180 February 24,
2005.
Colorado Hazardous Regulations, 6 CCR 1007–3 effective July 2,
2006; 261.4, 261.4(b)(15), 261.4(b)(15(i)–(v), 261.32, 261.32(a)–
(d), 261.32(d)(1)–(d)(2), 261.32(d)(2)(i)–(iv), 261.32(iv)(A)–(C),
261.32(d)(3),
261.32(d)(3)(i)–(iii),
261.32(d)(iii)(A)–(D),
261.32(d)(3)(iv),
261.32(d)(3)(iv)(A)–(B),
261.32(d)(3)(v)–(x),
261.32(x)(A)–(D),
261.32(d)(3)(xi),
261.32(d)(xi)(A)–(C),
261.32(d)(4)–(5), 261 Appendices VII–VIII, 268.20, 268.20(a)–(b),
268.20(b)(1)–(5), 268.20(c) 268.40/Treatment Standard Table and
268.48/Universal Waste Treatment Standard Table.
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Federal Register / Vol. 74, No. 154 / Wednesday, August 12, 2009 / Rules and Regulations
Description of federal requirement
(include checklist #, if relevant)
Federal Register date and page
(and/or RCRA statutory authority)
Analogous state authority
Uniform Hazardous Waste Manifest
Rule (Checklist 207).
70 FR 10776 March 4, 2005 .........
Checklist 207 Continues .................
70 FR 10776 March 4, 2005 .........
Colorado Hazardous Regulations, 6 CCR 1007–3 effective July 2,
2006; 260.10, 261.7(b)(1)(iii)(A)–(B), 262.20, 262.20(a)(1),
262.20(a)(2), 262.21/Section heading, 262.21(a)(1)–(2), 262.21(b),
262.21(b)(1)–(5), 262.21(b)(5)(i)–(iii), 262.21(b)(6)–(8), 262.21(c),
262.21(d)(1)–(2), 262.21(d)(2)(i)–(iv), 262.21(d)(3), 262.21(e)–(f),
262.21(f)(1)–(6), 262.21(f)(6)(i)–(vi), 262.21(f)(7), 262.21(f)(7(i),
262.21(f)(7(i)(A)–(C),
262.21(f)(7)(ii),
262.21(f)(7)(ii)(7)(A)–(C),
262.21(g)(1), 262.21(g)(i)–(iv), 262.21(g)(2), 262.21(h)(1)–(3),
262.21(i)– (l), 262.21(m)(1), 262.21(m)(1)(i)–(ii), 262.21(m)(2),
262.27, 262.27/Section heading, 262.27, 262.27(a)–(b), 262.32,
262.32(b), 262.33, 262.34, 262.34(n), 262.34(n)(1)–(2), 262.54(c),
262.54(e), 262.60, 262.60(c)–(e), 262/Appendix, 262/Appendix
8700–22, 262/Appendix/8700–22/I, International Shipment Block,
262/Appendix 8700–22/II, 262/Appendix 8700–22/III, 262/Appendix
8700–22/IV, 262/Appendix 8700–22A/Instructions–Continuation
Sheet, 263.20, 263.20(a)(1)–(3), 263.20(g), 263.20(g)(1)–(4),
263.21.
263.21(b)(1)–(2), 263.21(b)(2)(i)–(ii), 264.70(a), 264.70(b), 264.71,
264.71(a)(1)–(2), 264.71(a)(2)(i)–(v), 264.71(a)(3)–(4), 264.71(e),
264.72, 264.72(a), 264.72(a)(1)–(3), 264.72(b)– (c), 264.72(d)(1)–
(2),
264.72(e),
264.72(e)(1)–(7),
264.72(f),
264.72(1)–(7),
264.72(g), 264.76, 264.76(a), 264.76(a)(1)–(7), 264.76(b),
265.70(a), 265.70(b), 265.71, 265.71(a)(1)–(2), 265.71(a)(2)(i)–(v),
265.71(a)(3),
265.71(b)(4),
265.71(e),
265.72,
265.72(a),
265.72(a)(1)–(3), 265.72(b)–(c), 265.72(d)(1)–(2), 265.72(e),
265.72(e)(1)–(7), 265.72(f), 265.72(f)(1)–(7), 265.72(g), 265.76(a),
265.76(a)(1)–(7) and 265.76(b).
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H. Where Are the Revised State Rules
Different From the Federal Rules?
Colorado has requirements that are
more stringent than the federal rules at
(references are to the Code of Colorado
Regulations, except where there is no
state analog, then the reference is to the
federal citation): state analog Section
261.32 includes two additional stateadded listings (K901 and K902) related
to military munitions; in 261 Appendix
VII; and state analog 261 Appendix VIII
includes additional state-added listings
(K901, K902, P909, P910, and P911)
related to military munitions. The State
of Colorado’s hazardous waste rules are
more stringent at 40 CFR 266.203
because the state has not adopted state
analogs to the federal standards
applicable to the transportation of solid
waste military munitions. Specifically,
the state regulations do not provide the
exemptions that exist in 40 CFR
266.203; under the state’s regulations,
waste military munitions that are being
transported and that exhibit a hazardous
waste characteristic or are listed as
hazardous waste under Part 261, are not
exempted from manifest requirements
as in 40 CFR 264.70(a) and 265.70(a).
I. Who Issues and Administers Permits
After the Authorization Takes Effect?
Colorado 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 that were issued
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16:35 Aug 11, 2009
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prior to the effective date of this
authorization until Colorado has
equivalent instruments in place. We
will not issue any new permits or new
portions of permits for the provisions
listed in the Table in this document
after the effective date of this
authorization. EPA will continue to
implement and issue permits for HSWA
requirements for which Colorado is not
yet authorized.
J. How Does Today’s Action Affect
Indian Country (18 U.S.C. 1151) in
Colorado?
Colorado is not authorized to carry
out its hazardous waste program in
Indian country, as defined in 18 U.S.C.
1151. This includes: (1) Lands within
the exterior boundaries of the following
Indian reservations located within or
abutting the State of Colorado, (a)
Southern Ute Indian Reservation and (b)
Ute Mountain Ute Indian Reservation;
(2) any land held in trust by the United
States for an Indian tribe, and (3) any
other areas that are ‘‘Indian country’’
within the meaning of 18 U.S.C. 1151.
Therefore, this program revision does
not extend to Indian country where EPA
will continue to implement and
administer the RCRA program.
K. What Is Codification and Is EPA
Codifying Colorado’s Hazardous Waste
Program as Authorized in This Rule?
Codification is the process of placing
the state’s statutes and regulations that
comprise the state’s authorized
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hazardous waste program into the CFR,
which occurs when EPA references the
authorized state rules in 40 CFR part
272. We reserve the amendment of 40
CFR part 272, subpart G, for this
authorization of Colorado’s program
changes until a later date. EPA is not
codifying the rules documented in this
Federal Register notice in this
authorization application.
L. Statutory and Executive Order
Reviews
The Office of Management and Budget
(OMB) has exempted this action from
the requirements of Executive Order
12866 (58 FR 51735, October 4, 1993)
and, therefore, this action is not subject
to review by OMB. This action
authorizes Colorado state requirements
for the purpose of RCRA 3006, and
imposes no additional requirements
beyond those imposed by Colorado state
law. Accordingly, I certify that this
action will not have a significant
economic impact on a substantial
number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.). Because this action authorizes
pre-existing requirements under state
law and does not impose any additional
enforceable duty beyond that required
by state law, it does not contain any
unfunded mandate or significantly or
uniquely affect small governments, as
described in the Unfunded Mandates
Reform Act of 1995 (Pub. L. 104–4). For
the same reason, this action also does
not significantly or uniquely affect the
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Federal Register / Vol. 74, No. 154 / Wednesday, August 12, 2009 / Rules and Regulations
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), the EPA grants
a state’s application for authorization as
long as the state meets the criteria
required by RCRA. It would thus be
inconsistent with applicable law for
EPA, when it reviews a state
authorization application to require the
use of any particular voluntary
consensus standard in place of another
standard that otherwise satisfies the
requirements of RCRA. Thus, the
requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. As required by
section 3 of Executive Order 12988 (61
FR 4729, February 7, 1996), in issuing
this rule, the EPA has taken the
necessary steps to eliminate drafting
errors and ambiguity, minimize
potential litigation, and provide a clear
legal standard for affected conduct. The
EPA has 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
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16:35 Aug 11, 2009
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40521
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. The EPA will
submit a report containing this
document and other required
information to the U.S. Senate, the U.S.
House of Representatives, and the
Comptroller General of the United
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 October 13, 2009.
regulations to applicable provisions of
the DCIA.
DATES: This rule is effective September
11, 2009.
FOR FURTHER INFORMATION CONTACT:
Edward C. Ramos, Collections
Specialist, Office of the Secretary of
Transportation, Department of
Transportation, 1200 New Jersey
Avenue, SE., Washington, DC 20590;
(202) 366–5905. Hearing and speechimpaired persons may access this
number via TTY by calling the Federal
Information Relay Service at 1–800–
877–8339.
SUPPLEMENTARY INFORMATION:
List of Subjects in 40 CFR Part 271
Environmental protection,
Administrative practice and procedure,
Confidential business information,
Hazardous waste, Hazardous waste
transportation, Indians-lands,
Intergovernmental relations, Penalties,
Reporting and recordkeeping
requirements.
Background
Authority: This action is issued under the
authority of sections 2002(a), 3006, and
7004(b) of the Solid Waste Disposal Act as
amended 42 U.S.C. 6912(a), 6926, 6974(b).
Dated: July 14, 2009.
Carol Rushin,
Acting Regional Administrator, Region 8.
[FR Doc. E9–19315 Filed 8–11–09; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF TRANSPORTATION
Office of the Secretary of
Transportation
49 CFR Part 89
[Docket No. OST–2008–0329]
RIN 2105–AD78
Administrative Wage Garnishment
AGENCY: Office of the Secretary of
Transportation (OST), DOT.
ACTION: Final rule.
SUMMARY: This final rule will implement
the authority established under the Debt
Collection Improvement Act of 1996
(DCIA) for DOT to collect the
Department’s past due indebtedness
through administrative wage
garnishment. The final rule will adopt,
without change, the hearing procedures
issued by the Department of the
Treasury implementing administrative
wage garnishment under the DCIA. This
final rule would apply only to
individuals who are not Federal
employees. The final rule also will
amend regulations on procedures for the
collection of claims to conform DOT
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In 1996, Congress enacted the Debt
Collection Improvement Act of 1996
(Pub. L. 104–134, 110 Stat. 1321–1358,
approved April 26, 1996), which
amended the Debt Collection Act of
1982. Section 31001(o) of the DCIA
authorizes collection of Federal agency
debt by administrative wage
garnishment (section 31001(o) is
codified at 31 U.S.C. 3720D). Wage
garnishment is a legal process whereby
an employer withholds amounts from
an employee’s wages and pays those
amounts to the employee’s creditor in
satisfaction of a withholding order. The
DCIA authorizes Federal agencies to
garnish up to 15% of the disposable pay
of a debtor to satisfy delinquent nontax
debt owed to the United States. Prior to
the enactment of the DCIA, agencies
were required to obtain a court
judgment before garnishing the wages of
non-Federal employees.
The DCIA directed the Secretary of
the Treasury to issue implementing
regulations (see 31 U.S.C. 3720D(h)) on
this subject. On May 6, 1998 (63 FR
25136), the Department of the Treasury
published a final rule implementing the
statutory administrative wage
garnishment requirements at 31 CFR
285.11. Paragraph (f) of 31 CFR 285.11
provides that ‘‘[a]gencies shall prescribe
regulations for the conduct of
administrative wage garnishment
hearings consistent with this section or
shall adopt this section without change
by reference.’’ Under the DCIA, the
Treasury Department serves as a
coordinator for Federal debt collection
through its Treasury Offset Program.
This final rule would amend DOT’s
regulations at 49 CFR part 89, subpart B
to adopt 31 CFR 285.11 in its entirety.
Specifically, the final rule would
establish a new 49 CFR 89.35 that
would contain a cross-reference to 31
CFR 285.11.
On December 5, 2008, the DOT
published a notice of proposed
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]]>Agencies
[Federal Register Volume 74, Number 154 (Wednesday, August 12, 2009)]
[Rules and Regulations]
[Pages 40518-40521]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-19315]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[EPA-R08-RCRA-2009-0341; FRL-8941-1]
Colorado: Final Authorization of State Hazardous Waste Management
Program Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Immediate final rule.
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SUMMARY: The Solid Waste Disposal Act, as amended, commonly referred to
as the Resource Conservation and Recovery Act (RCRA), allows the
Environmental Protection Agency (EPA) to authorize states to operate
their hazardous waste management programs in lieu of the federal
program. Colorado has applied to the EPA for final authorization of
changes to its hazardous waste program under RCRA. EPA has determined
that these changes satisfy all requirements needed to qualify for final
authorization, and is authorizing the state's changes through this
immediate final action.
DATES: This final authorization will become effective on October 13,
2009 unless the EPA receives adverse written comments by September 11,
2009. If adverse written comments are received, EPA will publish a
timely withdrawal of this immediate final rule in the Federal Register
and inform the public that this authorization will not take effect.
ADDRESSES: Submit your comments, identified by Docket No. EPA-R08-RCRA-
2009-0341, by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the on-line instructions for submitting comments.
E-mail: cosentini.christina@epa.gov.
Fax: (303) 312-6341.
Mail: Christina Cosentini, Region 8, Solid and Hazardous
Waste Program, U.S. EPA, Region 8, 1595 Wynkoop Street, Denver,
Colorado 80202-1129, phone number: (303) 312-6231.
Hand Delivery or Courier: Deliver your comments to
Christina Cosentini, Region 8, Solid and Hazardous Waste Program,
Mailcode 8P-HW, U.S. EPA, Region 8, 1595 Wynkoop Street, Denver,
Colorado 80202-1129, phone number: (303) 312-6231.
Instructions: Direct your comments to Docket ID No. EPA-R08-RCRA-
2009-0341. EPA's policy is that all comments received will be included
in the public docket without change, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information,
disclosure of which is restricted by statute. Do not submit information
that you consider to be CBI or otherwise protected from disclosure
through https://www.regulations.gov, or e-mail. The federal Web site,
https://www.regulations.gov, 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 https://www.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. For additional
information about EPA's public docket, visit the EPA Docket Center
homepage at https://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket are listed in the https://www.regulations.gov.index. Although listed in the index, some
information may not be publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, will be publicly available only
in hard copy. Publicly available docket materials are available either
electronically through https://www.regulations.gov or in hard copy from
9 a.m. to 4 p.m. at: EPA Region 8, 1595 Wynkoop Street, Denver,
Colorado, contact: Christina Cosentini, phone number (303) 312-6231, or
the Colorado Department of Public Health and Environment, 4300 Cherry
Creek Drive South, Denver, Colorado 80222-1530, contact: Randy Perila,
phone number (303) 692-3364. The public is advised to call in advance
to verify business hours.
FOR FURTHER INFORMATION CONTACT: Christina Cosentini, (303) 312-6231,
cosentini.christina@epa.gov or Randy Perila, (303) 692-3364,
randy.perila@state.co.us.
SUPPLEMENTARY INFORMATION:
A. Why Are Revisions to State Programs Necessary?
States that have received final authorization from EPA under RCRA
section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous waste
program that is equivalent to, consistent with, and no less stringent
than the Federal program. As the Federal program changes, states must
change their programs and ask the 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
the 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 Rule?
We conclude that Colorado's application to revise its authorized
program meets all of the statutory and
[[Page 40519]]
regulatory requirements established by RCRA. Therefore, we grant
Colorado Final Authorization to operate its hazardous waste program
with the changes described in the authorization application. Colorado
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 the
EPA promulgates under the authority of HSWA take effect in authorized
states before they are authorized for the requirements. Thus, the EPA
will implement those requirements and prohibitions in Colorado
including issuing permits, until Colorado is authorized to do so.
C. What Is the Effect of Today's Authorization Decision?
This decision means that a facility in Colorado subject to RCRA
will now have to comply with the authorized state requirements instead
of the equivalent Federal requirements in order to comply with RCRA.
Colorado has enforcement responsibilities under its state hazardous
waste program for violations of such program, but EPA retains its
authority under RCRA sections 3007, 3008, 3013, and 7003, which
include, among others, authority to: (1) Conduct inspections, and
require monitoring, tests, analyses, or reports; (2) enforce RCRA
requirements, suspend or revoke permits, and, (3) take enforcement
action regardless of whether Colorado has taken its own actions.
This action does not impose additional requirements on the
regulated community because the regulations for which Colorado is being
authorized by this action are already effective under state law, and
are not changed by this action.
D. Why Wasn't There a Proposed Rule Before Today's Rule?
EPA did not publish a proposal before this rule because we view
this as a routine program change. We are providing an opportunity for
the public to comment now. In addition to this rule, we are publishing
a separate document that proposes to authorize the state program
changes in the proposed rules section of today's Federal Register.
E. What Happens if the EPA Receives Comments That Oppose This Action?
If the EPA receives comments that oppose this authorization, we
will withdraw this rule by publishing a document in the Federal
Register before the rule becomes effective. We will then address all
public comments in a later Federal Register notice. You may not have
another opportunity to comment. If you want to comment on this
authorization, you must do so at this time.
If we receive comments that oppose only the authorization of a
particular change to the Colorado hazardous waste program, we will
withdraw only that part of this rule, but the authorization of the
program changes that the comments do not oppose will become effective
on the date specified in this document. The Federal Register withdrawal
document will specify which part of the authorization will become
effective, and which part is being withdrawn.
F. For What Has Colorado Previously Been Authorized?
Colorado initially received final authorization on October 19,
1984, effective November 2, 1984 (49 FR 41036), to implement the RCRA
hazardous waste management program. We granted authorization for
changes to the state's program on: October 24, 1986, effective November
7; 1986 (51 FR 37729), May 15, 1989, effective July 14, 1989 (54 FR
20847); May 10, 1991, effective July 9, 1991 (56 FR 21601); April 7,
1994, effective June 6, 1994 (59 FR 16568); November 14, 2003,
effective January 13, 2004 (68 FR 64550) and March 12, 2008 (73 FR
13141) effective May 12, 2008.
G. What Changes Are We Approving With Today's Action?
Colorado submitted a final complete program application on December
20, 2006, seeking authorization of their changes in accordance with 40
CFR 271.21. We now make an immediate final decision, subject to receipt
of written comments that oppose this action, that Colorado's hazardous
waste program revisions satisfy all of the requirements necessary to
qualify for final authorization. The state of Colorado is not seeking
to be authorized for Methods Innovation Rule and SW-846 Update
(Checklist 208). Rather, Colorado's revisions consist of regulations
that specifically govern Federal Hazardous Waste revisions promulgated
from July 1, 2004 through June 30, 2005 (RCRA Clusters XV). Colorado's
requirements are included in a chart with this document.
------------------------------------------------------------------------
Federal Register
Description of federal date and page
requirement (include checklist (and/or RCRA Analogous state
, if relevant) statutory authority
authority)
------------------------------------------------------------------------
Nonwastewaters from Dyes and 70 FR 9138-9180 Colorado Hazardous
Pigments. (Checklist 206). February 24, Regulations, 6 CCR
2005. 1007-3 effective
July 2, 2006; 261.4,
261.4(b)(15),
261.4(b)(15(i)-(v),
261.32, 261.32(a)-
(d), 261.32(d)(1)-
(d)(2),
261.32(d)(2)(i)-(iv)
, 261.32(iv)(A)-(C),
261.32(d)(3),
261.32(d)(3)(i)-(iii
), 261.32(d)(iii)(A)-
(D),
261.32(d)(3)(iv),
261.32(d)(3)(iv)(A)-
(B), 261.32(d)(3)(v)-
(x), 261.32(x)(A)-
(D),
261.32(d)(3)(xi),
261.32(d)(xi)(A)-(C)
, 261.32(d)(4)-(5),
261 Appendices VII-
VIII, 268.20,
268.20(a)-(b),
268.20(b)(1)-(5),
268.20(c) 268.40/
Treatment Standard
Table and 268.48/
Universal Waste
Treatment Standard
Table.
[[Page 40520]]
Uniform Hazardous Waste 70 FR 10776 March Colorado Hazardous
Manifest Rule (Checklist 207). 4, 2005. Regulations, 6 CCR
1007-3 effective
July 2, 2006;
260.10,
261.7(b)(1)(iii)(A)-
(B), 262.20,
262.20(a)(1),
262.20(a)(2), 262.21/
Section heading,
262.21(a)(1)-(2),
262.21(b),
262.21(b)(1)-(5),
262.21(b)(5)(i)-(iii
), 262.21(b)(6)-(8),
262.21(c),
262.21(d)(1)-(2),
262.21(d)(2)(i)-(iv)
, 262.21(d)(3),
262.21(e)-(f),
262.21(f)(1)-(6),
262.21(f)(6)(i)-(vi)
, 262.21(f)(7),
262.21(f)(7(i),
262.21(f)(7(i)(A)-(C
), 262.21(f)(7)(ii),
262.21(f)(7)(ii)(7)(
A)-(C),
262.21(g)(1),
262.21(g)(i)-(iv),
262.21(g)(2),
262.21(h)(1)-(3),
262.21(i)- (l),
262.21(m)(1),
262.21(m)(1)(i)-(ii)
, 262.21(m)(2),
262.27, 262.27/
Section heading,
262.27, 262.27(a)-
(b), 262.32,
262.32(b), 262.33,
262.34, 262.34(n),
262.34(n)(1)-(2),
262.54(c),
262.54(e), 262.60,
262.60(c)-(e), 262/
Appendix, 262/
Appendix 8700-22,
262/Appendix/8700-22/
I, International
Shipment Block, 262/
Appendix 8700-22/II,
262/Appendix 8700-22/
III, 262/Appendix
8700-22/IV, 262/
Appendix 8700-22A/
Instructions-Continu
ation Sheet, 263.20,
263.20(a)(1)-(3),
263.20(g),
263.20(g)(1)-(4),
263.21.
Checklist 207 Continues....... 70 FR 10776 March 263.21(b)(1)-(2),
4, 2005. 263.21(b)(2)(i)-(ii)
, 264.70(a),
264.70(b), 264.71,
264.71(a)(1)-(2),
264.71(a)(2)(i)-(v),
264.71(a)(3)-(4),
264.71(e), 264.72,
264.72(a),
264.72(a)(1)-(3),
264.72(b)- (c),
264.72(d)(1)-(2),
264.72(e),
264.72(e)(1)-(7),
264.72(f), 264.72(1)-
(7), 264.72(g),
264.76, 264.76(a),
264.76(a)(1)-(7),
264.76(b),
265.70(a),
265.70(b), 265.71,
265.71(a)(1)-(2),
265.71(a)(2)(i)-(v),
265.71(a)(3),
265.71(b)(4),
265.71(e), 265.72,
265.72(a),
265.72(a)(1)-(3),
265.72(b)-(c),
265.72(d)(1)-(2),
265.72(e),
265.72(e)(1)-(7),
265.72(f),
265.72(f)(1)-(7),
265.72(g),
265.76(a),
265.76(a)(1)-(7) and
265.76(b).
------------------------------------------------------------------------
H. Where Are the Revised State Rules Different From the Federal Rules?
Colorado has requirements that are more stringent than the federal
rules at (references are to the Code of Colorado Regulations, except
where there is no state analog, then the reference is to the federal
citation): state analog Section 261.32 includes two additional state-
added listings (K901 and K902) related to military munitions; in 261
Appendix VII; and state analog 261 Appendix VIII includes additional
state-added listings (K901, K902, P909, P910, and P911) related to
military munitions. The State of Colorado's hazardous waste rules are
more stringent at 40 CFR 266.203 because the state has not adopted
state analogs to the federal standards applicable to the transportation
of solid waste military munitions. Specifically, the state regulations
do not provide the exemptions that exist in 40 CFR 266.203; under the
state's regulations, waste military munitions that are being
transported and that exhibit a hazardous waste characteristic or are
listed as hazardous waste under Part 261, are not exempted from
manifest requirements as in 40 CFR 264.70(a) and 265.70(a).
I. Who Issues and Administers Permits After the Authorization Takes
Effect?
Colorado 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
that were issued prior to the effective date of this authorization
until Colorado has equivalent instruments in place. We will not issue
any new permits or new portions of permits for the provisions listed in
the Table in this document after the effective date of this
authorization. EPA will continue to implement and issue permits for
HSWA requirements for which Colorado is not yet authorized.
J. How Does Today's Action Affect Indian Country (18 U.S.C. 1151) in
Colorado?
Colorado is not authorized to carry out its hazardous waste program
in Indian country, as defined in 18 U.S.C. 1151. This includes: (1)
Lands within the exterior boundaries of the following Indian
reservations located within or abutting the State of Colorado, (a)
Southern Ute Indian Reservation and (b) Ute Mountain Ute Indian
Reservation; (2) any land held in trust by the United States for an
Indian tribe, and (3) any other areas that are ``Indian country''
within the meaning of 18 U.S.C. 1151.
Therefore, this program revision does not extend to Indian country
where EPA will continue to implement and administer the RCRA program.
K. What Is Codification and Is EPA Codifying Colorado's Hazardous Waste
Program as Authorized in This Rule?
Codification is the process of placing the state's statutes and
regulations that comprise the state's authorized hazardous waste
program into the CFR, which occurs when EPA references the authorized
state rules in 40 CFR part 272. We reserve the amendment of 40 CFR part
272, subpart G, for this authorization of Colorado's program changes
until a later date. EPA is not codifying the rules documented in this
Federal Register notice in this authorization application.
L. Statutory and Executive Order Reviews
The Office of Management and Budget (OMB) has exempted this action
from the requirements of Executive Order 12866 (58 FR 51735, October 4,
1993) and, therefore, this action is not subject to review by OMB. This
action authorizes Colorado state requirements for the purpose of RCRA
3006, and imposes no additional requirements beyond those imposed by
Colorado state law. Accordingly, I certify that this action will not
have a significant economic impact on a substantial number of small
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
Because this action authorizes pre-existing requirements under state
law and does not impose any additional enforceable duty beyond that
required by state law, it does not contain any unfunded mandate or
significantly or uniquely affect small governments, as described in the
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4). For the same
reason, this action also does not significantly or uniquely affect the
[[Page 40521]]
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), the EPA grants a state's application for
authorization as long as the state meets the criteria required by RCRA.
It would thus be inconsistent with applicable law for EPA, when it
reviews a state authorization application to require the use of any
particular voluntary consensus standard in place of another standard
that otherwise satisfies the requirements of RCRA. Thus, the
requirements of section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required
by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996),
in issuing this rule, the EPA has taken the necessary steps to
eliminate drafting errors and ambiguity, minimize potential litigation,
and provide a clear legal standard for affected conduct. The EPA has
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. The EPA will submit a report containing this document
and other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United 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 October 13, 2009.
List of Subjects in 40 CFR Part 271
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous waste, Hazardous waste
transportation, Indians-lands, Intergovernmental relations, Penalties,
Reporting and recordkeeping requirements.
Authority: This action is issued under the authority of
sections 2002(a), 3006, and 7004(b) of the Solid Waste Disposal Act
as amended 42 U.S.C. 6912(a), 6926, 6974(b).
Dated: July 14, 2009.
Carol Rushin,
Acting Regional Administrator, Region 8.
[FR Doc. E9-19315 Filed 8-11-09; 8:45 am]
BILLING CODE 6560-50-P
