South Dakota: Final Authorization of State Hazardous Waste Management Program Revision, 81187-81190 [2010-32480]

Download as PDF Federal Register / Vol. 75, No. 247 / Monday, December 27, 2010 / Proposed Rules • Fax: (303) 312–6341 (prior to faxing, please notify the EPA contact listed below). • Mail, Hand Delivery or Courier: Deliver your comments to Christina Cosentini, Solid and Hazardous Waste Program, EPA Region 8, Mailcode 8P– HW, 1595 Wynkoop Street, Denver, Colorado 80202–1129. Courier or hand deliveries are only accepted during the Regional Office’s normal hours of operation. The public is advised to call in advance to verify the business hours. Special arrangements should be made List of Subjects in 40 CFR Part 52 for deliveries of boxed information. Instructions: Direct your comments to Environmental protection, Air Docket ID No.: EPA–R08–RCRA–2010– pollution control, Incorporation by 0933. EPA’s policy is that all comments reference, Intergovernmental relations, received will be included in the public and Reporting and recordkeeping docket without change, including any requirements. personal information provided, unless Authority: 42 U.S.C. 7401 et seq. the comment includes information Dated: December 15, 2010. claimed to be Confidential Business William W. Rice, Information (CBI) or other information whose disclosure is restricted by statute. Acting Regional Administrator, Region 7. Do not submit information that you [FR Doc. 2010–32456 Filed 12–23–10; 8:45 am] consider to be CBI or otherwise BILLING CODE 6560–50–P protected through regulations.gov, or email. The federal Web site https://www. regulations.gov is an ‘‘anonymous ENVIRONMENTAL PROTECTION access’’ system, which means EPA will AGENCY not know your identity or contact 40 CFR Part 271 information unless you provide it in the body of your comment. If you send an [EPA–R08–RCRA–2010–0933, FRL–9244–1] e-mail comment directly to EPA without going through https://www.regulations. South Dakota: Final Authorization of gov, your e-mail address will be State Hazardous Waste Management automatically captured and included as Program Revision part of the comment that is placed in the public docket and made available on the AGENCY: Environmental Protection Internet. If you submit an electronic Agency (EPA). comment, EPA recommends that you ACTION: Proposed Rule. include your name and other contact SUMMARY: The Solid Waste Disposal Act, information in the body of your comment and with any disk or CD–ROM as amended, commonly referred to as you submit. If EPA cannot read your the Resource Conservation and comment due to technical difficulties Recovery Act (RCRA), allows the Environmental Protection Agency (EPA) and cannot contact you for clarification, EPA may not be able to consider your to authorize states to operate their hazardous waste management programs comment. Electronic files should avoid the use of special characters, any form in lieu of the federal program. South of encryption, and be free of any defects Dakota has applied to EPA for final or viruses. For additional information authorization of the changes to its about EPA’s public docket, visit the EPA hazardous waste program under RCRA. Docket Center homepage at https://www. EPA has determined that these changes epa.gov/epahome/dockets.htm. satisfy all requirements needed to Docket: All documents in the docket qualify for final authorization, and is are listed in the https://www.regulations. proposing to authorize the State’s gov index. Although listed in the index, changes through this proposed final some information may not be publicly action. available, e.g., CBI or other information DATES: Comments must be received by whose disclosure is restricted by statute. January 26, 2011. Certain other material, such as copyrighted material, will be publicly ADDRESSES: Submit your comments by available only in hard copy. Publicly one of the following methods: • Federal eRulemaking Portal: https:// available docket materials are available www.regulations.gov. Follow the on-line either electronically through https:// www.regulations.gov or in hard copy at: instructions for submitting comments. • E-mail: cosentini.christina@epa.gov. EPA Region 8, from 8 a.m. to 4 p.m., erowe on DSK5CLS3C1PROD with PROPOSALS-1 health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the state of Nebraska, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. VerDate Mar<15>2010 14:50 Dec 23, 2010 Jkt 223001 PO 00000 Frm 00043 Fmt 4702 Sfmt 4702 81187 1595 Wynkoop Street, Denver, Colorado, contact: Christina Cosentini, phone number (303) 312–6231, or the South Dakota Department of Environment and Natural Resources, from 9 a.m. to 5 p.m., Joe Foss Building, 523 East Capitol Avenue, Pierre, SD 57501, contact: Carrie Jacobson, phone number (605) 773–3153. The public is advised to call in advance to verify business hours. FOR FURTHER INFORMATION CONTACT: Christina Cosentini, Solid and Hazardous Waste Program, EPA Region 8, 1595 Wynkoop Street, Denver, Colorado 80202, (303) 312–6231, cosentini.christina@epa.gov. SUPPLEMENTARY INFORMATION: 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 rule? We conclude that the State of South Dakota’s application to revise its authorized program meets all of the statutory and regulatory requirements established by RCRA. Therefore, we grant South Dakota final authorization to operate its hazardous waste program with the changes described in the authorization application. South Dakota has responsibility for permitting Treatment, Storage, and Disposal Facilities (TSDFs), 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) for all areas within the State except for lands located within formal Indian Reservations within or abutting the State of South Dakota, including the Cheyenne River Indian Reservation, Crow Creek Indian Reservation, Flandreau Indian Reservation, Lower Brule Indian Reservation, Pine Ridge Indian Reservation, Rosebud Indian E:\FR\FM\27DEP1.SGM 27DEP1 81188 Federal Register / Vol. 75, No. 247 / Monday, December 27, 2010 / Proposed Rules Reservation, Standing Rock Indian Reservation, Yankton Indian Reservation, any land held in trust by the U.S. for an Indian tribe, and any other land, whether on or off a reservation that qualifies as Indian country within the meaning of 18 U.S.C. 1151. 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 granted authorization to do so. C. What is the effect of today’s authorization decision? The effect of this decision is that a facility in South Dakota 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. The State of South Dakota 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: • Conduct inspections, and require monitoring, tests, analyses, or reports; and • Enforce RCRA requirements and suspend or revoke permits; and • Take enforcement actions regardless of whether South Dakota has taken its own actions. This action does not impose additional requirements on the regulated community because the regulations for which South Dakota is being authorized by this action are already effective under State law, and are not changed by this action. D. What happens if EPA receives comments opposing this action? If EPA receives comments opposing this authorization, we will address all public comments in a later Federal Register. You will not have another opportunity to comment on this action, you must do so at this time. E. For what has South Dakota previously been authorized? South Dakota initially received final authorization on October 19, 1984, effective November 2, 1984 (49 FR41038) 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 (58 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); April 23, 2004, effective May 24, 2004 (69 FR 21962); and March 8, 2006, effective March 8, 2006 (71 FR 11533). F. What changes are we approving with today’s action? South Dakota submitted a complete program revision application on April 1, 2010, seeking authorization of their changes in accordance with 40 CFR 271.21. Subject to receipt of written comments that oppose this action, we now propose 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 its entire Hazardous Waste Program. South Dakota has revised its entire program using a method that incorporates the federal Program by reference. This method clearly indicates where the State’s requirements are more stringent or broader-in-scope than the federal requirements. The State also excluded federal provisions, from the incorporation by reference, that are not delegated to the State’s program. The State of South Dakota revisions consist of regulations which specifically govern Federal Hazardous Waste revisions promulgated from July 1, 2004 through July 1, 2007, (RCRA Clusters XIV–XVII). South Dakota requirements are included in a chart with this document. Federal Register date and page (and/or RCRA statutory authority) Analogous state authority 1. Recycled Used Oil Management Standards; Clarification. (Checklist 203). 68 FR 44659–44665 July 30, 2003 ................. 2. NESHAP: Surface Coating of Automobiles and Light-Duty Trucks. (Checklist 205). 69 FR 22601–22661 April 26, 2004 ................ 3. Nonwastewaters from Dyes and Pigments. (Checklist 206). 70 FR 9138–9180 February 24, 2005 ............. 4. Uniform Hazardous Waste Manifest Rule. (Checklist 207). 70 FR 10776–10825 March 4, 2005 ............... 5. Methods Innovation Rule and SW–846 Final Update IIIB. (Checklist 208). erowe on DSK5CLS3C1PROD with PROPOSALS-1 Description of federal requirement (include checklist #, if relevant) 70 FR 34538–34592 June 14, 2005 ................ 6. Universal Waste Rule: Specific Provisions for Mercury Containing Equipment. (Checklist 209). 70 FR 45508–45522 August 5, 2005 .............. South Dakota Codified Laws (SDCL) 34A–11; Administrative Rules of South Dakota (ARSD), 74:28:22:01, 74:28:27:01, 2007 Rule Update, effective September 13, 2007. South Dakota Codified Laws (SDCL) 34A–11; Administrative Rules of South Dakota (ARSD), 74:28:25:01, 74:28:28:01, 2007 Rule Update, effective September 13, 2007. South Dakota Code Annotated (SDCL) 34A– 11; Administrative Rules of South Dakota (ARSD), 74:28:22:01, 74:28:30:01, 2007 Rule Update, effective September 13, 2007. South Dakota Code Annotated (SDCL) 34A– 11; Administrative Rules of South Dakota (ARSD), 74:28:21:02, 74:28:22:01, 74:28:23:01, 74:28:24:01, 74:28:25:01, 74:28:28:01, 2007 Rule Update, effective September 13, 2007. South Dakota Code Annotated (SDCL) 34A– 11; Administrative Rules of South Dakota (ARSD), 74:28:21:02, 74:28:22:01, 74:28:25:01, 74:28:26:01, 74:28:27:01, 74:28:28:01, 74:28:30:01, 2007 Rule Update, effective September 13, 2007. South Dakota Code Annotated (SDCL) 34A– 11; Administrative Rules of South Dakota (ARSD), 74:28:21:02, 74:28:22:01, 74:28:25:01, 74:28:28:01, 74:28:26:01, 74:28:30:01, 74:28:33:01, 2007 Rule Update, effective September 13, 2007. VerDate Mar<15>2010 14:50 Dec 23, 2010 Jkt 223001 PO 00000 Frm 00044 Fmt 4702 Sfmt 4702 E:\FR\FM\27DEP1.SGM 27DEP1 Federal Register / Vol. 75, No. 247 / Monday, December 27, 2010 / Proposed Rules 81189 Description of federal requirement (include checklist #, if relevant) Federal Register date and page (and/or RCRA statutory authority) Analogous state authority 7. Standardized Permits for RCRA Hazardous Waste Management Facilities. (Checklist 210). 70 FR 53420–53478 September 8, 2005 ........ 8. Revisions of Wastewater Treatment Exemptions for Hazardous Waste Mixtures. (‘‘Headworks exemptions’’ Checklist 211). 70 FR 57769–57785 October 4, 2005 ............. 9. NESHAP: Final Standards for Hazardous Waste Combustors. (Phase I Final Replacement Standards and Phase II (Checklist 212). 70 FR 59402–59579 October 12, 2005 ........... 10. Burden Reduction Initiative. (Checklist 213) 71 FR 16862–16915 April 4, 2006 .................. 11. Corrections to Errors in the Code of Federal Regulations. (Checklist 214). 71 FR 40254–40280 July 14, 2006 ................. 12. Cathode Ray Tubes Rule. (Checklist 215) .. 71 FR 42928–42949 July 28, 2006 ................. South Dakota Code Annotated (SDCL) 34A– 11; Administrative Rules of South Dakota (ARSD), 74:28:21:02, 74:28:22:01, 74:28:26:01, 2008 Rule Update, effective October 27, 2008. South Dakota Code Annotated (SDCL) 34A– 11; Administrative Rules of South Dakota (ARSD), 74:28:22:01, 2007 Rule Update, effective September 13, 2007. South Dakota Code Annotated (SDCL) 34A– 11; Administrative Rules of South Dakota (ARSD), 74:28:21:02, 74:28:25:01, 74:28:26:01, 74:28:27:01, 74:28:28:01, 2007 Rule Update, effective September 13, 2007. South Dakota Code Annotated (SDCL) 34A– 11; Administrative Rules of South Dakota (ARSD), 74:28:21:02, 74:28:22:01, 74:28:25:01, 74:28:26:01, 74:28:27:01, 74:28:28:01, 74:28:33:01 2007 Rule Update, effective September 13, 2007. South Dakota Code Annotated (SDCL) 34A– 11; Administrative Rules of South Dakota (ARSD), 74:28:21:02, 74:28:22:01, 74:28:23:01, 4:28:25:01, 74:28:26:01, 74:28:27:01, 74:28:28:01, 74:28:30:01, 74:28:33:01, 2008 Rule Update, effective October 27, 2008. South Dakota Code Annotated (SDCL) 34A– 11; Administrative Rules of South Dakota (ARSD), 74:28:21:02, 74:28:22:01, 2007 Rule Update effective September 13, 2007. G. Where are the revised state rules different from the federal rules? The South Dakota hazardous waste program is equivalent to the Federal program in all areas. EPA cannot delegate the Federal requirements at 40 CFR part 262, subpart E and H, sections 268.5, 268.6, 268.42(b), and 268.44(a) through (g). EPA will continue to implement these requirements. erowe on DSK5CLS3C1PROD with PROPOSALS-1 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. 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 South Dakota is not yet authorized. I. How does today’s action affect Indian country (18 U.S.C. 1151) in South Dakota? South Dakota is not authorized to carry out its hazardous waste program VerDate Mar<15>2010 14:50 Dec 23, 2010 Jkt 223001 in Indian country, as defined in 18 U.S.C. 1151. This includes, but is not limited to: 1. Lands within the exterior boundaries of the following Indian Reservations located within or abutting 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 U.S. for an Indian tribe, and 3. Any other land, whether on or off a reservation that qualifies as 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 in these lands. J. What is codification and is EPA codifying South Dakota’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. PO 00000 Frm 00045 Fmt 4702 Sfmt 4702 We do this by referencing the authorized State rules in 40 CFR part 272. We reserve the amendment of 40 CFR part 272, subpart QQ for this authorization of South Dakota’s program changes until a later date. In this authorization application EPA is not codifying the rules documented in this Federal Register notice. K. Statutory and Executive Order Reviews The Office of Management and Budget has exempted this action from the requirements of Executive Order 12866 (58 FR 51735, October 4, 1993), and therefore this action is not subject to review by OMB. This action authorizes state requirements for the purpose of RCRA 3006 and imposes no additional requirements beyond those imposed by state law. Accordingly, I certify that this action will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this action authorizes preexisting requirements under state law and does not impose any additional enforceable duty beyond that required by state law, it does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates E:\FR\FM\27DEP1.SGM 27DEP1 erowe on DSK5CLS3C1PROD with PROPOSALS-1 81190 Federal Register / Vol. 75, No. 247 / Monday, December 27, 2010 / Proposed Rules Reform Act of 1995 (Pub. L. 104–4). For the same reason, this action also does not significantly or uniquely affect the communities of tribal governments, as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). This action will not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999), because it merely authorizes state requirements as part of the State RCRA hazardous waste program without altering the relationship or the distribution of power and responsibilities established by RCRA. This action also is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), because it is not economically significant and it does not make decisions based on environmental health or safety risks. This rule is not subject to Executive Order 13211, ‘‘Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use’’ (66 FR 28355 (May 22, 2001)) because it is not a significant regulatory action under Executive Order 12866. Under RCRA 3006(b), EPA grants a state’s application for authorization as long as the state meets the criteria required by RCRA. It would thus be inconsistent with applicable law for EPA, when it reviews a state authorization application, to require the use of any particular voluntary consensus standard in place of another standard that otherwise satisfies the requirements of RCRA. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing this rule, EPA has taken the necessary steps to eliminate drafting errors and ambiguity, minimize potential litigation, and provide a clear legal standard for affected conduct. EPA has complied with Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the takings implications of the rule in accordance with the ‘‘Attorney General’s Supplemental Guidelines for the Evaluation of Risk and Avoidance of Unanticipated Takings’’ issued under the Executive Order. This rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). VerDate Mar<15>2010 14:50 Dec 23, 2010 Jkt 223001 List of Subjects in 40 CFR Part 271 Environmental protection, Administrative practice and procedure, Confidential business information, Hazardous waste, Hazardous waste transportation, Indian lands, Intergovernmental relations, Penalties, Reporting and recordkeeping requirements. Authority: This action is issued under the authority of sections 2002(a), 3006, and 7004(b) of the Solid Waste Disposal Act as amended 42 U.S.C. 6912(a), 6926, 6974(b). Dated: December 6, 2010. Carol Rushin, Acting Regional Administrator, Region 8. [FR Doc. 2010–32480 Filed 12–23–10; 8:45 am] BILLING CODE 6560–50–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 73 [DA 10–2365; MB Docket No. 02–151; RM– 10453] Television Broadcasting Services; Yuma, AZ Federal Communications Commission. ACTION: Dismissal. AGENCY: The Commission dismisses the petition for rulemaking filed by Arizona Western College, requesting that the Commission amend the pretransition DTV Table Allotments to allot digital channel 24 at Yuma, Arizona. The pre-transition DTV Table of Allotments is now obsolete as the DTV transition is over and the PostTransition Table of DTV Allotments has replaced the pre-transition DTV Table of Allotments. Therefore, the petition for rulemaking filed by Arizona Western College is dismissed. FOR FURTHER INFORMATION CONTACT: Adrienne Y. Denysyk, adrienne.denysyk@fcc.gov, Media Bureau, (202) 418–1600. SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission’s Order, MB Docket No. 02–151, adopted December 15, 2010, and released December 16, 2010. The full text of this document is available for public inspection and copying during normal business hours in the FCC’s Reference Information Center at Portals II, CY– A257, 445 12th Street, SW., Washington, DC 20554. This document will also be available via ECFS (https:// www.fcc.gov/cgb/ecfs/). (Documents will be available electronically in ASCII, Word 97, and/or Adobe Acrobat.) This SUMMARY: PO 00000 Frm 00046 Fmt 4702 Sfmt 4702 document may be purchased from the Commission’s duplicating contractor, Best Copy and Printing, Inc., 445 12th Street, SW., Room CY–B402, Washington, DC 20554, telephone 1– 800–478–3160 or via e-mail https://www. BCPIWEB.com. To request this document in accessible formats (computer diskettes, large print, audio recording, and Braille), send an e-mail to fcc504@fcc.gov or call the Commission’s Consumer and Governmental Affairs Bureau at (202) 418–0530 (voice), (202) 418–0432 (TTY). This document does not contain information collection requirements subject to the Paperwork Reduction Act of 1995, Public Law 104–13. In addition, therefore, it does not contain any information collection burden ‘‘for small business concerns with fewer than 25 employees,’’ pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107–198, see 44 U.S.C. 3506(c)(4). Provisions of the Regulatory Flexibility Act of 1980 do not apply to this proceeding. This document is not subject to the Congressional Review Act. (The Commission, is, therefore, not required to submit a copy of this Order to the Government Accountability Office, pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A) since this proposed rule is dismissed, herein.) Clay C. Pendarvis, Associate Chief, Video Division, Media Bureau, Federal Communications Commission. [FR Doc. 2010–32481 Filed 12–23–10; 8:45 am] BILLING CODE 6712–01–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 73 [DA 10–2358; MB Docket No. 01–323; RM– 10337] Television Broadcasting Services; Vernal and Santaquin, UT, and Ely and Caliente, NV Federal Communications Commission. ACTION: Dismissal. AGENCY: The Commission dismisses the pending rulemaking petition filed by TV 6, L.L.C., former permittee of KBCJ, analog channel 6, Vernal, Utah, and Kaleidescope Foundation Inc., former permitee of KBNY, analog channel 6, Ely, Nevada, requesting to reallot their analog channels from Vernal to Santaquin, Utah and from Ely to Caliente, Nevada. The Commission was required by the DTV Delay Act to SUMMARY: E:\FR\FM\27DEP1.SGM 27DEP1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 75, Number 247 (Monday, December 27, 2010)]
[Proposed Rules]
[Pages 81187-81190]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-32480]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R08-RCRA-2010-0933, FRL-9244-1]

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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed 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. South Dakota has applied to EPA for final authorization of the
changes to its hazardous waste program under RCRA. EPA has determined
that these changes satisfy all requirements needed to qualify for final
authorization, and is proposing to authorize the State's changes
through this proposed final action.

DATES: Comments must be received by January 26, 2011.

ADDRESSES: Submit your comments by one 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 (prior to faxing, please notify the
EPA contact listed below).
Mail, Hand Delivery or Courier: Deliver your comments to
Christina Cosentini, Solid and Hazardous Waste Program, EPA Region 8,
Mailcode 8P-HW, 1595 Wynkoop Street, Denver, Colorado 80202-1129.
Courier or hand deliveries are only accepted during the Regional
Office's normal hours of operation. The public is advised to call in
advance to verify the business hours. Special arrangements should be
made for deliveries of boxed information.
Instructions: Direct your comments to Docket ID No.: EPA-R08-RCRA-
2010-0933. 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 whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through 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 at:
EPA Region 8, from 8 a.m. to 4 p.m., 1595 Wynkoop Street, Denver,
Colorado, contact: Christina Cosentini, phone number (303) 312-6231, or
the South Dakota Department of Environment and Natural Resources, from
9 a.m. to 5 p.m., Joe Foss Building, 523 East Capitol Avenue, Pierre,
SD 57501, contact: Carrie Jacobson, phone number (605) 773-3153. The
public is advised to call in advance to verify business hours.

FOR FURTHER INFORMATION CONTACT: Christina Cosentini, Solid and
Hazardous Waste Program, EPA Region 8, 1595 Wynkoop Street, Denver,
Colorado 80202, (303) 312-6231, cosentini.christina@epa.gov.

SUPPLEMENTARY INFORMATION:

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 rule?

We conclude that the State of South Dakota's application to revise
its authorized program meets all of the statutory and regulatory
requirements established by RCRA. Therefore, we grant South Dakota
final authorization to operate its hazardous waste program with the
changes described in the authorization application. South Dakota has
responsibility for permitting Treatment, Storage, and Disposal
Facilities (TSDFs), 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)
for all areas within the State except for lands located within formal
Indian Reservations within or abutting the State of South Dakota,
including the Cheyenne River Indian Reservation, Crow Creek Indian
Reservation, Flandreau Indian Reservation, Lower Brule Indian
Reservation, Pine Ridge Indian Reservation, Rosebud Indian

[[Page 81188]]

Reservation, Standing Rock Indian Reservation, Yankton Indian
Reservation, any land held in trust by the U.S. for an Indian tribe,
and any other land, whether on or off a reservation that qualifies as
Indian country within the meaning of 18 U.S.C. 1151. 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 granted authorization to do so.

C. What is the effect of today's authorization decision?

The effect of this decision is that a facility in South Dakota
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. The State of South Dakota 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:
Conduct inspections, and require monitoring, tests,
analyses, or reports; and
Enforce RCRA requirements and suspend or revoke permits;
and
Take enforcement actions regardless of whether South
Dakota has taken its own actions.
This action does not impose additional requirements on the
regulated community because the regulations for which South Dakota is
being authorized by this action are already effective under State law,
and are not changed by this action.

D. What happens if EPA receives comments opposing this action?

If EPA receives comments opposing this authorization, we will
address all public comments in a later Federal Register. You will not
have another opportunity to comment on this action, you must do so at
this time.

E. For what has South Dakota previously been authorized?

South Dakota initially received final authorization on October 19,
1984, effective November 2, 1984 (49 FR41038) 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 (58 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); April 23, 2004, effective May 24,
2004 (69 FR 21962); and March 8, 2006, effective March 8, 2006 (71 FR
11533).

F. What changes are we approving with today's action?

South Dakota submitted a complete program revision application on
April 1, 2010, seeking authorization of their changes in accordance
with 40 CFR 271.21. Subject to receipt of written comments that oppose
this action, we now propose 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 its entire Hazardous Waste Program. South Dakota has
revised its entire program using a method that incorporates the federal
Program by reference. This method clearly indicates where the State's
requirements are more stringent or broader-in-scope than the federal
requirements. The State also excluded federal provisions, from the
incorporation by reference, that are not delegated to the State's
program.
The State of South Dakota revisions consist of regulations which
specifically govern Federal Hazardous Waste revisions promulgated from
July 1, 2004 through July 1, 2007, (RCRA Clusters XIV-XVII). South
Dakota requirements are included in a chart with this document.

------------------------------------------------------------------------
Description of federal Federal Register
requirement (include date and page (and/ Analogous state
checklist , if or RCRA statutory authority
relevant) authority)
------------------------------------------------------------------------
1. Recycled Used Oil 68 FR 44659-44665 South Dakota
Management Standards; July 30, 2003. Codified Laws
Clarification. (Checklist (SDCL) 34A-11;
203). Administrative
Rules of South
Dakota (ARSD),
74:28:22:01,
74:28:27:01, 2007
Rule Update,
effective September
13, 2007.
2. NESHAP: Surface Coating 69 FR 22601-22661 South Dakota
of Automobiles and Light- April 26, 2004. Codified Laws
Duty Trucks. (Checklist (SDCL) 34A-11;
205). Administrative
Rules of South
Dakota (ARSD),
74:28:25:01,
74:28:28:01, 2007
Rule Update,
effective September
13, 2007.
3. Nonwastewaters from Dyes 70 FR 9138-9180 South Dakota Code
and Pigments. (Checklist February 24, 2005. Annotated (SDCL)
206). 34A-11;
Administrative
Rules of South
Dakota (ARSD),
74:28:22:01,
74:28:30:01, 2007
Rule Update,
effective September
13, 2007.
4. Uniform Hazardous Waste 70 FR 10776-10825 South Dakota Code
Manifest Rule. (Checklist March 4, 2005. Annotated (SDCL)
207). 34A-11;
Administrative
Rules of South
Dakota (ARSD),
74:28:21:02,
74:28:22:01,
74:28:23:01,
74:28:24:01,
74:28:25:01,
74:28:28:01, 2007
Rule Update,
effective September
13, 2007.
5. Methods Innovation Rule 70 FR 34538-34592 South Dakota Code
and SW-846 Final Update June 14, 2005. Annotated (SDCL)
IIIB. (Checklist 208). 34A-11;
Administrative
Rules of South
Dakota (ARSD),
74:28:21:02,
74:28:22:01,
74:28:25:01,
74:28:26:01,
74:28:27:01,
74:28:28:01,
74:28:30:01, 2007
Rule Update,
effective September
13, 2007.
6. Universal Waste Rule: 70 FR 45508-45522 South Dakota Code
Specific Provisions for August 5, 2005. Annotated (SDCL)
Mercury Containing 34A-11;
Equipment. (Checklist 209). Administrative
Rules of South
Dakota (ARSD),
74:28:21:02,
74:28:22:01,
74:28:25:01,
74:28:28:01,
74:28:26:01,
74:28:30:01,
74:28:33:01, 2007
Rule Update,
effective September
13, 2007.

[[Page 81189]]

7. Standardized Permits for 70 FR 53420-53478 South Dakota Code
RCRA Hazardous Waste September 8, 2005. Annotated (SDCL)
Management Facilities. 34A-11;
(Checklist 210). Administrative
Rules of South
Dakota (ARSD),
74:28:21:02,
74:28:22:01,
74:28:26:01, 2008
Rule Update,
effective October
27, 2008.
8. Revisions of Wastewater 70 FR 57769-57785 South Dakota Code
Treatment Exemptions for October 4, 2005. Annotated (SDCL)
Hazardous Waste Mixtures. 34A-11;
(``Headworks exemptions'' Administrative
Checklist 211). Rules of South
Dakota (ARSD),
74:28:22:01, 2007
Rule Update,
effective September
13, 2007.
9. NESHAP: Final Standards 70 FR 59402-59579 South Dakota Code
for Hazardous Waste October 12, 2005. Annotated (SDCL)
Combustors. (Phase I Final 34A-11;
Replacement Standards and Administrative
Phase II (Checklist 212). Rules of South
Dakota (ARSD),
74:28:21:02,
74:28:25:01,
74:28:26:01,
74:28:27:01,
74:28:28:01, 2007
Rule Update,
effective September
13, 2007.
10. Burden Reduction 71 FR 16862-16915 South Dakota Code
Initiative. (Checklist 213). April 4, 2006. Annotated (SDCL)
34A-11;
Administrative
Rules of South
Dakota (ARSD),
74:28:21:02,
74:28:22:01,
74:28:25:01,
74:28:26:01,
74:28:27:01,
74:28:28:01,
74:28:33:01 2007
Rule Update,
effective September
13, 2007.
11. Corrections to Errors in 71 FR 40254-40280 South Dakota Code
the Code of Federal July 14, 2006. Annotated (SDCL)
Regulations. (Checklist 34A-11;
214). Administrative
Rules of South
Dakota (ARSD),
74:28:21:02,
74:28:22:01,
74:28:23:01,
4:28:25:01,
74:28:26:01,
74:28:27:01,
74:28:28:01,
74:28:30:01,
74:28:33:01, 2008
Rule Update,
effective October
27, 2008.
12. Cathode Ray Tubes Rule. 71 FR 42928-42949 South Dakota Code
(Checklist 215). July 28, 2006. Annotated (SDCL)
34A-11;
Administrative
Rules of South
Dakota (ARSD),
74:28:21:02,
74:28:22:01, 2007
Rule Update
effective September
13, 2007.
------------------------------------------------------------------------

G. Where are the revised state rules different from the federal rules?

The South Dakota hazardous waste program is equivalent to the
Federal program in all areas. EPA cannot delegate the Federal
requirements at 40 CFR part 262, subpart E and H, sections 268.5,
268.6, 268.42(b), and 268.44(a) through (g). EPA will continue to
implement these requirements.

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. 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 South
Dakota is not yet authorized.

I. How does today's action affect Indian country (18 U.S.C. 1151) in
South Dakota?

South Dakota is not authorized to carry out its hazardous waste
program in Indian country, as defined in 18 U.S.C. 1151. This includes,
but is not limited to:
1. Lands within the exterior boundaries of the following Indian
Reservations located within or abutting 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 U.S. for an Indian tribe, and
3. Any other land, whether on or off a reservation that qualifies
as 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 in
these lands.

J. What is codification and is EPA codifying South Dakota'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. We do this by referencing the authorized State
rules in 40 CFR part 272. We reserve the amendment of 40 CFR part 272,
subpart QQ for this authorization of South Dakota's program changes
until a later date. In this authorization application EPA is not
codifying the rules documented in this Federal Register notice.

K. Statutory and Executive Order Reviews

The Office of Management and Budget has exempted this action from
the requirements of Executive Order 12866 (58 FR 51735, October 4,
1993), and therefore this action is not subject to review by OMB. This
action authorizes state requirements for the purpose of RCRA 3006 and
imposes no additional requirements beyond those imposed by state law.
Accordingly, I certify that this action will not have a significant
economic impact on a substantial number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this action
authorizes preexisting requirements under state law and does not impose
any additional enforceable duty beyond that required by state law, it
does not contain any unfunded mandate or significantly or uniquely
affect small governments, as described in the Unfunded Mandates

[[Page 81190]]

Reform Act of 1995 (Pub. L. 104-4). For the same reason, this action
also does not significantly or uniquely affect the communities of
tribal governments, as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000). This action will not have substantial direct effects
on the states, on the relationship between the national government and
the states, or on the distribution of power and responsibilities among
the various levels of government, as specified in Executive Order 13132
(64 FR 43255, August 10, 1999), because it merely authorizes state
requirements as part of the State RCRA hazardous waste program without
altering the relationship or the distribution of power and
responsibilities established by RCRA. This action also is not subject
to Executive Order 13045 (62 FR 19885, April 23, 1997), because it is
not economically significant and it does not make decisions based on
environmental health or safety risks. This rule is not subject to
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355
(May 22, 2001)) because it is not a significant regulatory action under
Executive Order 12866.
Under RCRA 3006(b), EPA grants a state's application for
authorization as long as the state meets the criteria required by RCRA.
It would thus be inconsistent with applicable law for EPA, when it
reviews a state authorization application, to require the use of any
particular voluntary consensus standard in place of another standard
that otherwise satisfies the requirements of RCRA. Thus, the
requirements of section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required
by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996),
in issuing this rule, EPA has taken the necessary steps to eliminate
drafting errors and ambiguity, minimize potential litigation, and
provide a clear legal standard for affected conduct. EPA has complied
with Executive Order 12630 (53 FR 8859, March 15, 1988) by examining
the takings implications of the rule in accordance with the ``Attorney
General's Supplemental Guidelines for the Evaluation of Risk and
Avoidance of Unanticipated Takings'' issued under the Executive Order.
This rule does not impose an information collection burden under the
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.).

List of Subjects in 40 CFR Part 271

Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous waste, Hazardous waste
transportation, Indian lands, Intergovernmental relations, Penalties,
Reporting and recordkeeping requirements.

Authority: This action is issued under the authority of
sections 2002(a), 3006, and 7004(b) of the Solid Waste Disposal Act
as amended 42 U.S.C. 6912(a), 6926, 6974(b).

Dated: December 6, 2010.
Carol Rushin,
Acting Regional Administrator, Region 8.
[FR Doc. 2010-32480 Filed 12-23-10; 8:45 am]
BILLING CODE 6560-50-P

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