Utah; Final Authorization of State Hazardous Waste Management Program

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 272

[FRL-5090-3]

Utah; Final Authorization of State Hazardous Waste Management

Program

AGENCY: Environmental Protection Agency.

Action: Immediate final rule.

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SUMMARY: The State of Utah has applied for final authorization of

revisions to its hazardous waste program under the Resource

Conservation and Recovery Act (RCRA). The Environmental Protection

Agency (EPA) has reviewed Utah's application and has made a decision,

subject to public review and comment, that Utah's hazardous waste

program revision satisfies all of the requirements necessary to qualify

for final authorization. Thus, EPA intends to approve Utah's hazardous

waste program revisions. Utah's application for program revision is

available for public review and comment.

DATES: Final authorization for Utah shall be effective December 13,

1994, unless EPA publishes a prior Federal Register action withdrawing

this immediate final rule. All comments on Utah's program revision

application must be received by the close of business November 13,

1994.

ADDRESSES: Copies of Utah's program revision application are available

during regular business hours at the following addresses for inspection

and copying: Division of Solid and Hazardous Waste, Utah Department of

Environmental Quality, 288 North 1460 West, Cannon Health Building, 4th

Floor, Salt Lake City, Utah, 84116-0690; U.S. EPA Region VIII Library,

999 18th Street, Suite 144, Denver, CO 80204-2466. Written comments

should be sent to: Ms. Marcella DeVargas (HWM-WM), U.S. Environmental

Protection Agency, 999 18th Street, Suite 500, Denver, Colorado 80202-

2466, Phone 303/293-1670.

FOR FURTHER INFORMATION CONTACT: Ms. Marcella DeVargas, Waste

Management Branch, U.S.EPA, 999 18th Street, Suite 500, Denver, CO

80202-2466, Phone: 303/293-1670.

SUPPLEMENTARY INFORMATION:

A. Background

States with final authorization under Section 3006(b) of the

Resource Conservation and Recovery Act (``RCRA'' or the ``the Act''),

42 U.S.C. 6929 (b), have a continuing obligation to maintain a

hazardous waste program that is equivalent to, consistent with, and no

less stringent than the Federal hazardous waste program.

Revisions to State hazardous waste programs are necessary when

Federal or State statutory or regulatory authority is modified or when

certain other changes occur. Most commonly, State program revisions are

necessitated by changes to EPA's regulations in 40 CFR parts 260-268

and 124 and 270. Modification to the Federal program, due to statutory

and regulatory changes, requires subsequent modifications to the State

authorized program. Until the State is authorized for such

modifications, EPA is responsible for implementing and enforcing the

modification in the State. Further, if the State law which forms the

basis of the federally authorized State program is amended, the State

must promptly seek revision authorization for those provisions. Until

the amendments to State law are authorized by EPA, the regulated

community must ensure compliance with both the federally authorized

State program and the non-authorized Federal program. The regulated

community may also need to comply with current State laws in the

situation where State law has been amended after Federal authorization

has been granted.

B. Utah

Utah initially received final authorization in October 1984. Utah

received authorization for revisions to its program on March 7, 1989,

July 22, 1991, July 14, 1992, and April 13, 1993. On December 30, 1993,

Utah submitted a final program revision application for additional

program approvals. In 1989, EPA published in the Federal Register

approval of the Availability of Information, 3006(f), provision. Since

that time the State statute was repealed. Therefore, a review of the

Availability of Information, 3006(f) provision was necessary. At this

time, EPA is approving authorization for availability of information,

3006(f). Today, Utah is seeking approval of its program revision in

accordance with 40 CFR 271.21(b)(3).

EPA has reviewed Utah's application, and has made an immediate

final decision that Utah's hazardous waste program revision satisfies

all of the requirements necessary to qualify for final authorization.

Consequently, EPA intends to grant final authorization for the

additional program modifications to Utah. The public may submit written

comments on EPA's immediate final decision up until (insert date at

least 30 calendar days after date of publication in Federal Register).

Copies of Utah's application for program revision are available for

inspection and copying at the locations indicated in the ADDRESSES

section of this notice.

Approval of Utah's program revision shall become effective in 60

days unless an adverse comment pertaining to the State's revision

discussed in this notice is received by the end of the comment period.

If an adverse comment is received EPA will publish either (1) a

withdrawal of the immediate final decision or (2) a notice containing a

response to comments which either affirms that the immediate final

decision takes effect or reverses the decision.

In September 1992, Utah submitted a draft application for EPA

review. EPA's comments on the draft application required additional

rulemaking. Utah addressed all of EPA's comment in the final

application. Thus, the Utah program is granted final authorization for

those provisions specifically listed in Table 1.

Utah has not requested hazardous waste program authority on Indian

Country. Therefore, EPA's approval applies to all activities in Utah

outside of Indian Country, as defined in 18 U.S.C. 1151. The

Environmental Protection Agency retains all hazardous waste authority

under RCRA which applies to Indian Country in Utah.

Today, Utah is seeking approval of its program revision in

accordance with 40 CFR 271.21(b)(3). Specific provisions which are

included in the Utah program authorization revision sought today are

listed in Table 1 below.

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HSWA or FR reference State equivalent\1\

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1. Land Disposal Restrictions for First Third Scheduled R315-8-2.4, R315-8-5.3, R315-7-9.4, R315-7-12.4, R315-

Wastes, 53 FR 31138, 8/17/88, and 54 FR 8264, 2/27/89. 14-2, R315-13.

2. Amendment to Requirements for Hazardous Waste R315-3-20.

Incinerator Permits, 54 FR 4286, 1/30/89.

3. Land Disposal Restrictions amendments to First Third R315-13.

Schedules Wastes, 54 FR 18836, 5/2/89.

4. Land Disposal Restrictions for Second Third R315-13.

Scheduled Wastes, 54 FR 26594, 6/23/89.

5. Delay of Closure Period for Hazardous Waste R315-8-2.4, R315-8-7, R315-8.8, R315-7-9.4, R315-7-14,

Management Facilities, 54 FR 33376, 8/14/89. R315-7-15, R315-50-16.

6. Mining Waste Exclusion I, 54 FR 36592, 9/1/89....... R315-2-3. R315-2-4.

7. Land Disposal Restrictions; Correction to the First R315-14-2, R315-13.

Third Scheduled Wastes, 54 FR 36967, 9/6/89 and 55 FR

23935, 6/13/90.

8. Testing and Monitoring, 54 FR 40260, 9/29/89........ R315-1-2, R315-50-8.

9. Reportable Quantity Adjustment Methyl Bromide R315-2-10, R315-50-8, R315-50-9.

Production Wastes, 54 FR 41402, 10/6/89.

10. Reportable Quantity Adjustment, 54 FR 50968, 12/11/ R315-2-10, R315-50-9, R315-50-10.

89.

11. Changes to Part 124 Not Accounted for by Present R315-3-17, R315-3-24, R315-3-26, R315-3-28.

Checklists, 48 FR 14146, 4/1/83, 48 FR 30112, 6/30/83,

53 FR 28118, 7/26/88, 53 FR 37396, 9/26/88, 54 FR 246,

1/4/89.

12. Mining Waste Exclusion II, 55 FR 2322, 1/23/90..... R315-1-1, R315-2-4.

13. Modification of FO19 Listing, 55 FR 5340, 2/14/90.. R315-2-10.

14. Test and Monitoring Activities; Technical R315-1-2, R-315-50-8.

Corrections, 55 FR 8948, 3/9/90.

15. Toxicity Characteristic Revision, 55 FR 11798, 3/29/ R315-2-4, R315-2-8, R315-2-9, R315-2-10, R315-50-7,

90 and 55 FR 26986, 6/29/90. R315-8-14, R315-7-18.

16. Listing of 1,1-Dimethylhydrazine Production Wastes, R315-2-10, R315-50-8, R315-50-9.

55 FR 18496, 5/2/90.

17. Criteria for Listing Toxic Wastes; Technical R315-2-9.

Amendment, 55 FR 18726, 5/4/90.

18. HSWA Codification Rule, Double Liners; Correction, R315-8-11, R315-8-14.

55 FR 19262, 5/9/90.

19. Land Disposal Restrictions for Third Third R315-2-9, R315-2-10, R315-2-11, R315-50-9, R315-5-2,

Scheduled Wastes, 55 FR 22520, 6/1/90. R315-5-10, R315-2-4, R315-8-11, R315-8-12, R315-8-13,

R315-8-14, R315-7-8, R315-7-9, R315-7-18, R315-7-19,

R315-7-20, R315-7-21, R315-13, R315-50-16.

20. Organic Air Emission Standards for Process Vents R315-1-2, R315-2-6, R315-8-2, R315-8-5, R315-8-17, R315-

and Equipment Leaks, 55 FR 25454, 6/21/90. 8-18, R315-7-9, R315-7-12, R315-7-26, R315-7-27, R315-

3-5, R315-3-6.

21. Land Disposal Restrictions for Third Third R315-2-3, R315-2-9, R315-2-10, R315-5-1, R315-5-2, R315-

Scheduled Wastes; Technical Amendments, 56 FR 3864, 1/ 5-10, R315-13.

31/91.

22. Organic Air Emission Standards for Process Vents R315-8-17, R315-8-18, R315-7-9, R315-7-12, R315-7-26,

and Equipment Leaks; Technical Amendment, 56 FR 19290, R315-7-27, R315-3-6.

4/26/91.

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\1\References are to the Utah Administrative Code revised 11/12/93.

C. Decision

I conclude that Utah's application for program revision meets all

of the statutory and regulatory requirements established by RCRA.

Accordingly, Utah is granted final authorization to operate its

hazardous waste program as revised.

Utah now has responsibility for permitting treatment, storage, and

disposal facilities within its borders and carrying out other aspects

of the RCRA program, subject to the limitation of its revised program

application and previously approved authorities. Utah also has primary

enforcement responsibilities, although EPA retains the right to conduct

inspections under Section 3007 of RCRA and to take enforcement actions

under Section 3008, 3013, and 7003 of RCRA. On March 21, 1994, the

State of Utah submitted an application for Non-HSWA cluster 6 and HSWA

cluster 2.

Compliance With Executive Order 12291

The Office of Management and Budget has exempted this rule from the

requirements of Section 3 of Executive Order 12291.

Certification Under the Regulatory Flexibility Act

Pursuant to the Provisions of 4 U.S.C. 605(b), I hereby certify

that this authorization will not have a significant economic impact on

a substantial number of small entities. This authorization effectively

suspends the applicability of certain Federal regulations in favor of

Utah's program, thereby eliminating duplicative requirements for

handlers of hazardous waste in the State. It does not impose any new

burdens on small entities. This rule, therefore, does not require a

regulatory flexibility analysis.

List of Subjects in 40 CFR Part 272

Administrative practice and procedure, Confidential business

information, Hazardous materials transportation, Hazardous waste Indian

lands, Intergovernmental relations, Penalties, Reporting and

recordkeeping requirements, Water pollution control, Water supply.

Authority: This notice 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: October 4, 1994.

William P. Yellowtail,

Regional Administrator.

[FR Doc. 94-25386 Filed 10-13-94; 8:45 am]

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