Colorado: Final Authorization of State Hazardous Waste Management Program Revisions, 69765-69768 [2012-28338]
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Federal Register / Vol. 77, No. 225 / Wednesday, November 21, 2012 / Rules and Regulations
November 9, 2012 through February 1,
2013, except that enforcement may be
suspended in accordance with
paragraph (d)(8) of this section.
(c) Definitions. The following
definitions apply to this section:
Designated representative means any
Coast Guard commissioned, warrant or
petty officer of the U.S. Coast Guard
who has been designated by the COTP
Sector New York, to act on his or her
behalf. The designated representative
may be on an official patrol vessel or
may be on shore and will communicate
with vessels via VHF–FM radio or
loudhailer. In addition, members of the
Coast Guard Auxiliary may be present to
inform vessel operators of this
regulation.
Official patrol vessel means any Coast
Guard, Coast Guard Auxiliary, state, or
local law enforcement vessels assigned
or approved by the COTP.
(d) Regulations. (1) The general
regulations contained in 33 CFR 165.13,
as well as the following regulations,
apply.
(2) During periods of enforcement, all
vessels must transit at a No-wake speed
to minimize surge when transiting the
Arthur Kill.
(3) During periods of enforcement, all
persons and vessels given permission to
enter or operate in the RNA must
comply with the instructions of the
COTP or the designated representative.
Upon being hailed by an official patrol
vessel by siren, radio, flashing light, or
other means, the operator of a vessel
must proceed as directed.
(4) During periods of enforcement, no
vessels are authorized to transit or
operate within Buttermilk Channel,
within Great Kills Harbor north of (pa)
40–32–01.290N, 074–08–30.895W
(Great Kills Harbor Channel Buoy 9
LLNR 35488) and (pa) 40–32–02.854N,
074–08–28.532W (Great Kills Harbor
Channel Buoy 10 LLNR 35490), within
Sheepshead Bay west of (pa) 40–34–
53.198N, 073–55–51.984W (Sheepshead
Bay Lighted Buoy 12 LLNR 34370), and
within Jamaica Bay east of the Gil
Hodges Memorial/Marine Parkway
Bridge at mile 3.0.
(5) Vessel operators required to
participate in the Vessel Movement
Reporting System codified at 33 CFR
part 161, subpart B, and desiring to
enter or operate within the RNA must
contact the COTP or the designated
representative via VHF channel 11 or 16
or 718–354–4088 (Sector New York
Vessel Traffic Center) to obtain
permission to do so.
(6) Recreational vessel operators
desiring to enter or operate within the
RNA must contact the COTP or the
designated representative via VHF
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channel 16 or 718–354–4353 (Sector
New York Command Center) to obtain
permission to do so, and will be
permitted to enter or operate within the
RNA only during daylight hours.
(7) The COTP may impose additional
requirements within the RNA due to
unforeseen changes to the response and
recovery operations.
(8) The COTP will make notice of
specific waterway closures and
restrictions, and of any suspension of
enforcement, by all means available to
affect the widest public distribution
including, but not limited to, Marine
Information Broadcasts, Local Notice to
Mariners, and at https://homeport.uscg.
mil/newyork.
Dated: November 9, 2012.
D.B. Abel,
Rear Admiral, U.S. Coast Guard, Commander,
First Coast Guard District.
[FR Doc. 2012–28272 Filed 11–20–12; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 271
[EPA–R08–RCRA–2012–0396; FRL–9753–6]
Colorado: Final Authorization of State
Hazardous Waste Management
Program Revisions
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
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.
The EPA has determined that these
changes satisfy all requirements needed
to qualify for final authorization, and is
authorizing the state’s changes through
this final action.
DATES: This final authorization will
become effective on January 22, 2013
unless the EPA receives adverse written
comments by December 21, 2012. If
adverse written comments are received,
the EPA will publish a timely
withdrawal of this 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–
SUMMARY:
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69765
RCRA–2012–0396, by any of the
following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
• Email: lin.moye@epa.gov.
• Fax: (303) 312–6341.
• Mail: Moye Lin, Region 8, Resource
Conservation and Recovery Program,
U.S. EPA, Region 8, 1595 Wynkoop
Street, Denver, Colorado 80202–1129,
phone number: (303) 312–6667.
• Hand Delivery or Courier: Deliver
your comments to Moye Lin, Region 8,
Resource Conservation and Recovery
Program, Mailcode 8P–R, U.S. EPA,
Region 8, 1595 Wynkoop Street, Denver,
Colorado 80202–1129. Deliveries are
accepted only during the Regional
Office’s normal hours of operation, 9:00
a.m. to 3:00 p.m. Special arrangements
should be made for deliveries of boxed
information. The public is welcome to
view Docket ID No. EPA–R08–RCRA–
2012–0396 at the Region 8 EPA Library,
1595 Wynkoop Street, Denver, Colorado
80202–1129 during the Library’s normal
hours of operation, Monday through
Thursday, 8:00 a.m. to 4:00 p.m.,
excluding federal holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R08–RCRA–2012–
0396. The 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
email. The federal Web site, https://
www.regulations.gov, is an ‘‘anonymous
access’’ system, which means the EPA
will not know your identity or contact
information unless you provide it in the
body of your comment. If you send an
email comment directly to the EPA
without going through https://
www.regulations.gov, your email
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, the 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 the EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, the 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
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viruses. For additional information
about the 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 9:00 a.m. to 3:00 p.m., Monday
through Thursday at the EPA Region 8
Library at the address and contact
above, or the Colorado Department of
Public Health and Environment, 4300
Cherry Creek Drive South, Denver,
Colorado 80246–1530, contact: Randy
Perila, phone number (303) 692–3364.
The public is advised to call in advance
to verify business hours.
FOR FURTHER INFORMATION CONTACT:
Moye Lin, (303) 312–6667,
Lin.Moye@epa.gov or Randy Perila,
(303) 692–3364,
randy.perila@state.co.us.
SUPPLEMENTARY INFORMATION:
emcdonald on DSK67QTVN1PROD with RULES
A. Why are revisions to State programs
necessary?
States that have received final
authorization from the 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
regulatory requirements established by
RCRA. Therefore, we grant Colorado
Final Authorization to operate its
hazardous waste program with the
changes described in the authorization
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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 the 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?
The 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
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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; August 12, 2009, effective
October, 13, 2009 (74 FR 40518).
G. What changes are we approving with
today’s action?
Colorado submitted a final complete
program application on December 21,
2011, seeking authorization of their
changes in accordance with 40 CFR
271.21. Colorado’s revisions consist of
regulations that govern Federal
Hazardous Waste revisions promulgated
from January 8, 2010 through June 4,
2010 (RCRA Clusters XX). In addition,
approval today is granted for revisions
submitted in a prior application. We
now make a 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. Therefore, we
grant Colorado final authorization for
the following program changes (the
federal citation followed by the analog
from the Code of Colorado Regulations
(6 CCR 7007–3), revised through
December 30, 2011):
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69767
Description of Federal
requirement (include checklist #, if relevant)
Federal Register date and
page (and/or RCRA
statutory authority )
Land Disposal Restrictions
Phase III (Checklist 151).
61 FR 15566–15660 April
8, 1996; 61 FR 15660–
15668 April 8, 1996; 61
FR 19117 April 30, 1996;
61 FR 33680–33690
June 28, 1996; 61 FR
36419–36421 July 10,
1996; 61 FR 43924–
43931 August 26, 1996;
62 FR 7502–7600 February 19, 1997.
65 FR 67068–67133, November 8, 2000.
Colorado Hazardous Regulations, 6 CCR 1007–3 effective December 30, 2011;
268.1(c)(3)–(c)(3)(ii), 268.1(c)(4), 268.1(c)(4)(i)–(iv), 268.1(e)(3), 268.1(e)(4),
268.2(f), 268.2(i), 268.2(j), 268.3(a)–(c), 268.3(c)(1)–(6), 268.7(a), 268.7(a)(3)(ii),
268.7(b)(3)(ii), 268.7(b)(4)(iv)–(v), 268.8, 268.9(a) & (d), 268.9(d)(1)(i)–(ii),
268.39(a)–(g), 268.40(a), 268.40(e), 268.40(g), 268.40 Table, 268.42 Table 1,
268.48(a) Table UTS, Appendix XI.
75 FR 1236–1262, January
8, 2010.
Colorado Hazardous Regulations, 6 CCR 1007–3 effective December 30, 2011;
262.10(d), 262.55, 262.58(a), 262.58(a)(1) & (2), 262.58(b), 262.80(a),
262.80(a)(1) & (2), 262.80(b), 262.81, 262.82(a), 262.82(a)(1), 262.82(a)(1)(i) &
(ii), 262.82(a)(2) including Note to Paragraph (a)(2), 262.82(a)(2)(i) & (ii),
262.82(a)(2)(ii)(A) & (B), 262.82(a)(2)(iii), 262.82(a)(3), 262.82(a)(3)(i) including
Note to Paragraph (a)(3)(i), 262.82(a)(3)(ii) including Note to Paragraph (a)(3)(ii),
262.82(a)(4), 262.82(a)(4)(i) & (ii), 262.82(b), 262.82(b)(1) & (2), including Note
to Paragraph (b)(2), 262.82(b)(3), 262.82(c), 262.82(c)(1), 262.82(c)(1)(i) & (ii),
262.82(c)(2), 262.82(d), 262.82(d)(1) & (2), 262.82(e), 262.82(e)(1) & (2),
262.82(f), 262.82(f)(1)–(4), 262.82(f)(5), 262.82(f)(5)(i) & (ii), 262.82(g),
262.83(a),
262.83(b),
262.83(b)(1),
262.83(b)(1)(i)–(iii),
262.83(b)(2),
262.83(b)(2)(i) & (ii), 262.83(c) & (d), 262.83(d)(1)–(14) including Note to Paragraph (d)(14), 262.83(e), 262.84(a), 262.84(a)(1) & (2), 262.84(b), 262.84(b)(1)–
(7), 262.84(c)–(e), 262.85(a) & (b), 262.85(b)(1)–(4), 262.85(c), 262.85(c)(1) &
(2), 262.85(d) & (e) including Note to Paragraph (e), 262.85(f) & (g) including
Note to Paragraph (g), 262.86(a) & (b), 262.87(a), 262.87(a)(1)–(5),
262.87(a)(5)(i) & (ii), 262.87(a)(6), 262.87(b), 262.87(b)(1)–(3), 262.87(c),
262.87(c)(1), 262.87(c)(1)(i)–(iv), 262.87(c)(2), 262.88, 262.89(a), 262.89(a)(1),
262.89(a)(2), 262.89(b)–(d), 263.10(d), 264.12(a)(2), 264.71(a)(3), 264.71(d),
265.12(a)(2), 265.71(a)(3), 265.71(d), 267.80(a)table.
Colorado Hazardous Regulations, 6 CCR 1007–3 effective December 30, 2011;
262.23(f), 262.23(f)(1), 262.23(f)(1)(i)–(ii), 262.23(f)(2)–(4).
2. Chlorinated Aliphatics
Listing and LDRs for
Newly Identified Wastes
(Checklist 189).
3. OECD Requirements; Export Shipments of Spent
Lead-Acid Batteries
(Checklist 222).
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4. Hazardous Waste Technical Corrections and
Clarifications (Checklist
223).
75 FR 12989–13009,
March18, 2010, 75 FR
31716–31717, June 4,
2010.
H. Where are the revised State rules
different from the Federal rules?
Colorado has requirements that are
more stringent than the federal rules at
262.55, Colorado requires an exception
report be filed with the Colorado
Department of Public Health and
Environment in addition to the required
submission to the EPA Office of
Enforcement and Compliance
Assurance. Colorado is more stringent
in Checklist 151. Colorado has not
adopted a state analog to 40 CFR
268.1(c)(3). Colorado does not allow for
the disposal of hazardous waste in
underground injection wells. Pursuant
to state law, Section 25–15–205(3),
C.R.S., the disposal of liquid hazardous
waste in Colorado is strictly prohibited.
This prohibition includes the disposal
of hazardous waste in injection wells.
Colorado is broader-in-scope than the
federal rules at: 261.32 (K140) and 261
Appendix VII (K901 & K902), 261
Appendix VIII (P909, P910 and P911)
and 268.40/table (K140, U408, K901,
K902, P910 &P911).
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Analogous state authority
Colorado Hazardous Regulations, 6 CCR 1007–3 effective December 30, 2011;
261.32, 261 Appendix VII & VIII, 268.33(a), 268.33(b) intro, 268.(b)(1)–(5),
268.33(c), 268.33(d) intro, 268.33(d)(1) & (2), 268.40/Table, 268.40(a)/Table.
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. The 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. The 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
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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 the
EPA will continue to implement and
administer the RCRA program.
K. What is codification and is the 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 the 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. The EPA is
not codifying the rules documented in
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emcdonald on DSK67QTVN1PROD with RULES
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
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 the
EPA, when it reviews a state
authorization application, to require the
use of any particular voluntary
consensus standard in place of another
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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 January 22, 2013.
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).
GENERAL SERVICES
ADMINISTRATION
48 CFR Part 504
[GSAR Change 55; GSAR Case 2006–G510;
Docket 2008–0007; Sequence 13]
RIN 3090–AI72
General Services Administration
Acquisition Regulation (GSAR);
Rewrite of Part 504, Administrative
Matters; Correction
Office of Acquisition Policy,
General Services Administration (GSA).
ACTION: Correcting amendment.
AGENCY:
The General Services
Administration (GSA) published a
document in the Federal Register on
October 1, 2012 (77 FR 59790), revising
Administrative Matters. The final rule
contained a typographical error which
needs to be corrected.
DATES: Effective date: November 21,
2012.
SUMMARY:
Ms.
Dana Munson, Procurement Analyst, at
202–357–9652, for clarification of
content. For information pertaining to
status or publication schedules, contact
the Regulatory Secretariat Division
(MVCB), 1275 First Street, 7th Floor,
Washington, DC 20417, 202–501–4755.
Please cite GSAR Case 2006–G510.
SUPPLEMENTARY INFORMATION: The final
rule published in the Federal Register at
77 FR 59790 on October 1, 2012
contained a typographical error. This
notice is to correct the error in the Code
of Federal Regulations.
FOR FURTHER INFORMATION CONTACT:
List of Subject in 48 CFR Part 504
Government procurement.
Accordingly, 48 CFR part 504 is
corrected by making the following
correcting amendment:
PART 504—ADMINISTRATIVE
MATTERS
1. The authority citation for 48 CFR
part 504 continues to read as follows:
■
Authority: 40 U.S.C. 121(c).
504.604
[Amended]
2. Amend section 504.604, in
paragraph (a)(3) by removing the word
‘‘must’’.
■
Dated: September 21, 2012.
James B. Martin,
Regional Administrator, Region 8.
Dated: November 15, 2012.
Joseph A. Neurauter,
Senior Procurement Executive/Deputy Chief
Acquisition Officer, Office of Acquisition
Policy, General Services Administration.
[FR Doc. 2012–28338 Filed 11–20–12; 8:45 am]
[FR Doc. 2012–28291 Filed 11–20–12; 8:45 am]
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[Federal Register Volume 77, Number 225 (Wednesday, November 21, 2012)]
[Rules and Regulations]
[Pages 69765-69768]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-28338]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[EPA-R08-RCRA-2012-0396; FRL-9753-6]
Colorado: Final Authorization of State Hazardous Waste Management
Program Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: 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. The EPA has
determined that these changes satisfy all requirements needed to
qualify for final authorization, and is authorizing the state's changes
through this final action.
DATES: This final authorization will become effective on January 22,
2013 unless the EPA receives adverse written comments by December 21,
2012. If adverse written comments are received, the EPA will publish a
timely withdrawal of this 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-
2012-0396, by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the on-line instructions for submitting comments.
Email: lin.moye@epa.gov.
Fax: (303) 312-6341.
Mail: Moye Lin, Region 8, Resource Conservation and
Recovery Program, U.S. EPA, Region 8, 1595 Wynkoop Street, Denver,
Colorado 80202-1129, phone number: (303) 312-6667.
Hand Delivery or Courier: Deliver your comments to Moye
Lin, Region 8, Resource Conservation and Recovery Program, Mailcode 8P-
R, U.S. EPA, Region 8, 1595 Wynkoop Street, Denver, Colorado 80202-
1129. Deliveries are accepted only during the Regional Office's normal
hours of operation, 9:00 a.m. to 3:00 p.m. Special arrangements should
be made for deliveries of boxed information. The public is welcome to
view Docket ID No. EPA-R08-RCRA-2012-0396 at the Region 8 EPA Library,
1595 Wynkoop Street, Denver, Colorado 80202-1129 during the Library's
normal hours of operation, Monday through Thursday, 8:00 a.m. to 4:00
p.m., excluding federal holidays.
Instructions: Direct your comments to Docket ID No. EPA-R08-RCRA-
2012-0396. The 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 email. The federal Web site,
https://www.regulations.gov, is an ``anonymous access'' system, which
means the EPA will not know your identity or contact information unless
you provide it in the body of your comment. If you send an email
comment directly to the EPA without going through https://www.regulations.gov, your email 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, the 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 the EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, the 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
[[Page 69766]]
viruses. For additional information about the 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
9:00 a.m. to 3:00 p.m., Monday through Thursday at the EPA Region 8
Library at the address and contact above, or the Colorado Department of
Public Health and Environment, 4300 Cherry Creek Drive South, Denver,
Colorado 80246-1530, contact: Randy Perila, phone number (303) 692-
3364. The public is advised to call in advance to verify business
hours.
FOR FURTHER INFORMATION CONTACT: Moye Lin, (303) 312-6667,
Lin.Moye@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 the 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 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 the 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?
The 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; August 12, 2009, effective October, 13,
2009 (74 FR 40518).
G. What changes are we approving with today's action?
Colorado submitted a final complete program application on December
21, 2011, seeking authorization of their changes in accordance with 40
CFR 271.21. Colorado's revisions consist of regulations that govern
Federal Hazardous Waste revisions promulgated from January 8, 2010
through June 4, 2010 (RCRA Clusters XX). In addition, approval today is
granted for revisions submitted in a prior application. We now make a
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.
Therefore, we grant Colorado final authorization for the following
program changes (the federal citation followed by the analog from the
Code of Colorado Regulations (6 CCR 7007-3), revised through December
30, 2011):
[[Page 69767]]
----------------------------------------------------------------------------------------------------------------
Description of Federal requirement Federal Register date and
(include checklist , if page (and/or RCRA Analogous state authority
relevant) statutory authority )
----------------------------------------------------------------------------------------------------------------
Land Disposal Restrictions Phase III 61 FR 15566-15660 April 8, Colorado Hazardous Regulations, 6 CCR
(Checklist 151). 1996; 61 FR 15660-15668 1007-3 effective December 30, 2011;
April 8, 1996; 61 FR 19117 268.1(c)(3)-(c)(3)(ii), 268.1(c)(4),
April 30, 1996; 61 FR 268.1(c)(4)(i)-(iv), 268.1(e)(3),
33680-33690 June 28, 1996; 268.1(e)(4), 268.2(f), 268.2(i),
61 FR 36419-36421 July 10, 268.2(j), 268.3(a)-(c), 268.3(c)(1)-(6),
1996; 61 FR 43924-43931 268.7(a), 268.7(a)(3)(ii),
August 26, 1996; 62 FR 268.7(b)(3)(ii), 268.7(b)(4)(iv)-(v),
7502-7600 February 19, 268.8, 268.9(a) & (d), 268.9(d)(1)(i)-
1997. (ii), 268.39(a)-(g), 268.40(a),
268.40(e), 268.40(g), 268.40 Table,
268.42 Table 1, 268.48(a) Table UTS,
Appendix XI.
2. Chlorinated Aliphatics Listing and 65 FR 67068-67133, November Colorado Hazardous Regulations, 6 CCR
LDRs for Newly Identified Wastes 8, 2000. 1007-3 effective December 30, 2011;
(Checklist 189). 261.32, 261 Appendix VII & VIII,
268.33(a), 268.33(b) intro, 268.(b)(1)-
(5), 268.33(c), 268.33(d) intro,
268.33(d)(1) & (2), 268.40/Table,
268.40(a)/Table.
3. OECD Requirements; Export Shipments 75 FR 1236-1262, January 8, Colorado Hazardous Regulations, 6 CCR
of Spent Lead-Acid Batteries (Checklist 2010. 1007-3 effective December 30, 2011;
222). 262.10(d), 262.55, 262.58(a),
262.58(a)(1) & (2), 262.58(b),
262.80(a), 262.80(a)(1) & (2),
262.80(b), 262.81, 262.82(a),
262.82(a)(1), 262.82(a)(1)(i) & (ii),
262.82(a)(2) including Note to Paragraph
(a)(2), 262.82(a)(2)(i) & (ii),
262.82(a)(2)(ii)(A) & (B),
262.82(a)(2)(iii), 262.82(a)(3),
262.82(a)(3)(i) including Note to
Paragraph (a)(3)(i), 262.82(a)(3)(ii)
including Note to Paragraph (a)(3)(ii),
262.82(a)(4), 262.82(a)(4)(i) & (ii),
262.82(b), 262.82(b)(1) & (2), including
Note to Paragraph (b)(2), 262.82(b)(3),
262.82(c), 262.82(c)(1), 262.82(c)(1)(i)
& (ii), 262.82(c)(2), 262.82(d),
262.82(d)(1) & (2), 262.82(e),
262.82(e)(1) & (2), 262.82(f),
262.82(f)(1)-(4), 262.82(f)(5),
262.82(f)(5)(i) & (ii), 262.82(g),
262.83(a), 262.83(b), 262.83(b)(1),
262.83(b)(1)(i)-(iii), 262.83(b)(2),
262.83(b)(2)(i) & (ii), 262.83(c) & (d),
262.83(d)(1)-(14) including Note to
Paragraph (d)(14), 262.83(e), 262.84(a),
262.84(a)(1) & (2), 262.84(b),
262.84(b)(1)-(7), 262.84(c)-(e),
262.85(a) & (b), 262.85(b)(1)-(4),
262.85(c), 262.85(c)(1) & (2), 262.85(d)
& (e) including Note to Paragraph (e),
262.85(f) & (g) including Note to
Paragraph (g), 262.86(a) & (b),
262.87(a), 262.87(a)(1)-(5),
262.87(a)(5)(i) & (ii), 262.87(a)(6),
262.87(b), 262.87(b)(1)-(3), 262.87(c),
262.87(c)(1), 262.87(c)(1)(i)-(iv),
262.87(c)(2), 262.88, 262.89(a),
262.89(a)(1), 262.89(a)(2), 262.89(b)-
(d), 263.10(d), 264.12(a)(2),
264.71(a)(3), 264.71(d), 265.12(a)(2),
265.71(a)(3), 265.71(d), 267.80(a)table.
4. Hazardous Waste Technical Corrections 75 FR 12989-13009, March18, Colorado Hazardous Regulations, 6 CCR
and Clarifications (Checklist 223). 2010, 75 FR 31716-31717, 1007-3 effective December 30, 2011;
June 4, 2010. 262.23(f), 262.23(f)(1), 262.23(f)(1)(i)-
(ii), 262.23(f)(2)-(4).
----------------------------------------------------------------------------------------------------------------
H. Where are the revised State rules different from the Federal rules?
Colorado has requirements that are more stringent than the federal
rules at 262.55, Colorado requires an exception report be filed with
the Colorado Department of Public Health and Environment in addition to
the required submission to the EPA Office of Enforcement and Compliance
Assurance. Colorado is more stringent in Checklist 151. Colorado has
not adopted a state analog to 40 CFR 268.1(c)(3). Colorado does not
allow for the disposal of hazardous waste in underground injection
wells. Pursuant to state law, Section 25-15-205(3), C.R.S., the
disposal of liquid hazardous waste in Colorado is strictly prohibited.
This prohibition includes the disposal of hazardous waste in injection
wells.
Colorado is broader-in-scope than the federal rules at: 261.32
(K140) and 261 Appendix VII (K901 & K902), 261 Appendix VIII (P909,
P910 and P911) and 268.40/table (K140, U408, K901, K902, P910 &P911).
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. The 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. The 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 the EPA will continue to implement and administer the RCRA
program.
K. What is codification and is the 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 the 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. The EPA is not codifying the rules
documented in
[[Page 69768]]
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
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 the 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 January 22, 2013.
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: September 21, 2012.
James B. Martin,
Regional Administrator, Region 8.
[FR Doc. 2012-28338 Filed 11-20-12; 8:45 am]
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