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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-6417-2]

South Dakota: Final Authorization of State Hazardous Waste

Management Program Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: South Dakota has applied to EPA for Final authorization of

changes to its hazardous waste program under the Resource Conservation

and Recovery Act (RCRA). EPA has determined that these changes satisfy

all requirements needed to qualify for Final authorization, and is

proposing to authorize the State's changes through this proposed final

action.

DATES: Send your comments by September 9, 1999.

ADDRESSES: Send written comments to Kris Shurr, 8P-HW, U.S. EPA, Region

VIII, 999 18th St, Ste 500, Denver, Colorado 80202-2466, phone number:

(303) 312-6139. We must receive your comments by September 9, 1999. You

can view and copy South Dakota's applications at the following

addresses: SDDENR, from 9:00 AM to 5:00 PM, Joe Foss Building, 523 E.

Capitol, Pierre, South Dakota 57501-3181, contact: Carrie Jacobson,

phone number (605) 773-3153 and EPA Region VIII, from 8:00 AM to 4:00

PM, 999 18th Street, Suite 500, Denver, Colorado 80202-2466, contact:

Kris Shurr, phone number: (303) 312-6139.

FOR FURTHER INFORMATION CONTACT: Kris Shurr, EPA Region VIII, 999 18th

Street, Suite 500, Denver, Colorado 80202-2466, phone number: (303)

312-6139.

SUPPLEMENTARY INFORMATION:

A. Why are Revisions to State Programs Necessary?

605) 773-3153 and EPA Region VIII, from 8:00 AM to 4:00

PM, 999 18th Street, Suite 500, Denver, Colorado 80202-2466, contact:

Kris Shurr, phone number: (303) 312-6139.

FOR FURTHER INFORMATION CONTACT: Kris Shurr, EPA Region VIII, 999 18th

Street, Suite 500, Denver, Colorado 80202-2466, phone number: (303)

312-6139.

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 South Dakota's applications to revise its

authorized program meet all of the statutory and regulatory

requirements established by RCRA. Therefore, we propose to grant South

Dakota Final authorization to operate its hazardous waste program with

the changes described in the authorization applications. South Dakota

has responsibility for permitting Treatment, Storage, and Disposal

Facilities (TSDFs) within its borders (except in Indian Country) and

for carrying out the aspects of the RCRA program described in its

revised program applications, subject to the limitations of the

Hazardous and Solid Waste Amendments of 1984 (HSWA). New Federal

requirements and prohibitions imposed by Federal regulations that EPA

promulgates under the authority of HSWA take effect in authorized

States before they are authorized for the requirements

try) and

for carrying out the aspects of the RCRA program described in its

revised program applications, subject to the limitations of the

Hazardous and Solid Waste Amendments of 1984 (HSWA). New Federal

requirements and prohibitions imposed by Federal regulations that EPA

promulgates under the authority of HSWA take effect in authorized

States before they are authorized for the requirements. Thus, EPA will

implement those requirements and prohibitions in South Dakota,

including issuing permits, until the State 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. South Dakota has enforcement responsibilities under

its State hazardous waste program for violations of its currently

authorized program, but EPA retains its authority under RCRA sections

3007, 3008, 3013, and 7003, which include, among others, authority to:

Do inspections and require monitoring, tests, analyses, or

reports

Enforce RCRA requirements and suspend or revoke permits

Take enforcement actions regardless of whether the State

has taken its own actions

This action does not impose additional requirements on the

regulated community because the proposed regulations for which South

Dakota is requesting authorization are already effective, and are not

changed by this proposed approval.

D. What Happens If EPA Receives Comments That Oppose This Action?

If EPA receives comments that oppose this authorization, we will

address all public comments in a later Federal Register. You will not

have another opportunity to comment. If you want to

comment on this action, you must do so at this time.

E. What Has South Dakota Previously Been Authorized For?

ged by this proposed approval.

D. What Happens If EPA Receives Comments That Oppose This Action?

If EPA receives comments that oppose this authorization, we will

address all public comments in a later Federal Register. You will not

have another opportunity to comment. If you want to

comment on this action, you must do so at this time.

E. What Has South Dakota Previously Been Authorized For?

South Dakota initially received Final authorization on October 19,

1984, effective November 2, 1984 (49 FR 41038) to implement the RCRA

hazardous waste management program. We granted authorization for

changes to their program on April 17, 1991, effective June 17, 1991 (56

FR 15503); September 8, 1993, effective November 8, 1993 (FR 47216);

January 10, 1994, effective March 11, 1994 (59 FR 01275); and July 24,

1996, effective September 23, 1996 (61 FR 38392).

F. What Changes Are We Proposing To Authorize With Today's Action?

On August 1, 1997, September 3, 1997, and March 23, 1999, South

Dakota submitted final complete program revision applications, seeking

authorization of their changes in accordance with 40 CFR 271.21. We now

make a Final decision, subject to receipt of written comments that

oppose this action, that South Dakota's hazardous waste program

revisions satisfy all of the requirements necessary to qualify for

Final authorization. Therefore, we propose to grant South Dakota

authorization for the following program changes:

s, seeking

authorization of their changes in accordance with 40 CFR 271.21. We now

make a Final decision, subject to receipt of written comments that

oppose this action, that South Dakota's hazardous waste program

revisions satisfy all of the requirements necessary to qualify for

Final authorization. Therefore, we propose to grant South Dakota

authorization for the following program changes:

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Description of federal Analogous state

requirement authority 1 Effective date

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Wood Preserving Listings [55 FR 74:28:21:02; 08/05/97

50450-50490, 12/6/90] 74:28:22:01;

(Checklist 82). 74:28:23:01;

74:28:25:01;

74:28:26:01;

74:28:28:01.

Wood Preserving Listings; 74:28:22:01; 08/05/97

Technical Corrections [56 FR 74:28:23:01;

30192-30198, 7/1/91] 74:28:25:01;

(Checklist 92). 74:28:26:01;

74:28:28:01.

Burning of Hazardous Waste in 74:28:22:01; 08/05/97

Boilers & Industrial Furnaces; 74:28:26:01;

Corrections & Technical 74:28:27:01;

Amendments I [56 FR 32688, 7/ 74:28:28:01.

17/91] (Checklist 94).

Land Disposal Restrictions for 74:28:22:01; 08/05/97

Electric Arc Furnace Dust 74:28:30:01.

(K061) [56 FR 41164-41178, 8/

19/91] (Checklist 95).

Burning of Hazardous Waste in 74:28:22:01; 08/05/97

Boilers & Industrial Furnaces; 74:28:27:01;

Technical Amendments II [56 FR 74:28:28:01.

42504-42517, 8/27/91]

(Checklist 96).

Exports of Hazardous Waste; 74:28:23:01............ 08/05/97

Technical Correction [56 FR

43704-43705] (Checklist 97).

Burning of Hazardous Waste in 74:28:27:01............ 08/05/97

Boilers & Industrial Furnaces;

Administrative Stay of

Applicability & Technical

Amendment [56 FR 43874-43877,

9/5/91] (Checklist 98).

Amendments to Interim Status 74:28:21:02; 08/05/97

Standards for Downgradient 74:28:28:01.

Ground-Water Monitoring Well

Locations [56 FR 66365-66369,

12/23/91] (Checklist 99)

05] (Checklist 97).

Burning of Hazardous Waste in 74:28:27:01............ 08/05/97

Boilers & Industrial Furnaces;

Administrative Stay of

Applicability & Technical

Amendment [56 FR 43874-43877,

9/5/91] (Checklist 98).

Amendments to Interim Status 74:28:21:02; 08/05/97

Standards for Downgradient 74:28:28:01.

Ground-Water Monitoring Well

Locations [56 FR 66365-66369,

12/23/91] (Checklist 99).

Liners & Leak Detection Systems 74:28:21:02; 08/05/97

for Hazardous Waste Land 74:28:25:01;

Disposal Units [57 FR 3462- 74:28:26:01;

3497, 1/29/92] (Checklist 100). 74:28:28:01.

Administrative Stay for the 74:28:25:01; 08/05/97

Requirement that Existing Drip 74:28:28:01.

Pads Be Impregnable [57 FR

5859-5861, 2/18/92] (Checklist

101).

Second Correction to the Third 74:28:25:01; 08/05/97

Third Land Disposal 74:28:28:01;

Restrictions [57 FR 8086-8089, 74:28:30:01.

3/6/92] (Checklist 102).

Hazardous Debris Case-by-Case 74:28:30:01............ 08/05/97

Capacity Variance [57 FR 20766-

20770, 5/15/92] (Checklist

103).

Used Oil Filter Exclusion [57 74:28:22:01............ 08/05/97

FR 21524-21534, 5/29/92]

(Checklist 104).

Recycled Coke By-Product 74:28:22:01; 08/05/97

Exclusion [57 FR 27880-27888, 74:28:27:01.

6/22/92] (Checklist 105).

Lead-bearing Hazardous 74:28:30:01............ 08/05/97

Materials Case-by-Case

Capacity Variance [57 FR 28628-

28632, 6/26/92] (Checklist

106).

Used Oil Filter Exclusion: 74:28:22:01............ 08/05/97

Technical Corrections [57 FR

29220, 7/1/92] (Checklist 107).

Land Disposal Restrictions for 74:28:21:02; 08/05/97

Newly Listed Wastes & 74:28:22:01;

Hazardous Debris [57 FR 37194- 74:28:23:01;

37282] (Checklist 109). 74:28:25:01;

74:28:26:01;

74:28:28:01;

74:28:30:01.

Coke By-Products Listings [57 74:28:22:01............ 08/05/97

FR 37284-37306, 8/18/92]

(Checklist 110).

Burning of Hazardous Waste in 74:28:21:02; 08/05/97

Boilers & Industrial Furnaces; 74:28:22:01;

Technical Amendment III [57 FR 74:28:25:01;

38558-38566, 8/25/92] 74:28:27:01;

Checklist 111

37194- 74:28:23:01;

37282] (Checklist 109). 74:28:25:01;

74:28:26:01;

74:28:28:01;

74:28:30:01.

Coke By-Products Listings [57 74:28:22:01............ 08/05/97

FR 37284-37306, 8/18/92]

(Checklist 110).

Burning of Hazardous Waste in 74:28:21:02; 08/05/97

Boilers & Industrial Furnaces; 74:28:22:01;

Technical Amendment III [57 FR 74:28:25:01;

38558-38566, 8/25/92] 74:28:27:01;

Checklist 111. 74:28:28:01.

Recycled Used Oil Management 74:28:22:02; 08/05/97

Standards [57 FR 41566-41626, 74:28:22:01;

9/10/92] (Checklist 112). 74:28:27:01.

Consolidated Liability 74:28:25:01; 08/05/97

Requirements [53 FR 33938- 74:28:28:01.

33960, 9/1/88; 56 FR 30200, 7/

1/91; 57 FR 42832-42844, 9/16/

92] (Checklist 113).

Burning of Hazardous Waste in 74:28:27:01............ 08/05/97

Boilers & Industrial Furnaces;

Technical Amendment IV [57 FR

44999-45001, 9/30/92]

(Checklist 114).

Chlorinated Toluenes Production 74:28:22:01............ 08/05/97

Waste Listing [57 FR 47376-

47386, 10/15/92] (Checklist

115).

Hazardous Soil Case-By-Case 74:28:30:01............ 08/05/97

Capacity Variance [57 FR 47772-

47776, 10/20/92] (Checklist

116).

Liquids in Landfills II [57 FR 74:28:21:02; 08/05/97

54452-54461, 11/18/92] 74:28:25:01;

(Checklist 118). 74:28:28:01.

Wood Preserving: Revisions to 74:28:22:01; 08/05/97

Listings & Technical 74:28:25:01;

Requirements [57 FR 61492- 74:28:28:01.

61505, 12/24/92] (Checklist

120).

Corrective Action Management 74:28:21:02; 08/05/97

Units & Temporary Units [58 FR 74:28:25:01;

8658-8685, 2/16/93] (Checklist 74:28:26:01;

121). 74:28:28:01;

74:28:30:01.

Recycled Used Oil Management 74:28:22:01; 08/05/97

Standards; Technical 74:28:25:01;

Amendments & Corrections I [58 74:28:27:01;

FR 26420-26426, 5/3/93] 74:28:28:01.

(Checklist 122).

Land Disposal Restrictions; 74:28:30:01............ 08/05/97

Renewal of the Hazardous Waste

Debris Case-By-Case Capacity

Variance [58 FR 28506-28511, 5/

14/93] (Checklist 123)

121). 74:28:28:01;

74:28:30:01.

Recycled Used Oil Management 74:28:22:01; 08/05/97

Standards; Technical 74:28:25:01;

Amendments & Corrections I [58 74:28:27:01;

FR 26420-26426, 5/3/93] 74:28:28:01.

(Checklist 122).

Land Disposal Restrictions; 74:28:30:01............ 08/05/97

Renewal of the Hazardous Waste

Debris Case-By-Case Capacity

Variance [58 FR 28506-28511, 5/

14/93] (Checklist 123).

Land Disposal Restrictions for 74:28:25:01; 08/05/97

Ignitable & Corrosive 74:28:26:01;

Characteristic Wastes Whose 74:28:28:01;

Treatment Standards Were 74:28:30:01.

Vacated [58 FR 29860-29887, 5/

24/93] (Checklist 124).

Boilers & Industrial Furnaces; 74:28:21:02; 10/02/95

Changes for Consistency with 74:28:27:01.

New Air Regulations [58 FR

38816-38884, 7/20/93]

(Checklist 125).

Testing & Monitoring Activities 74:28:22:01; 10/02/95

[58 FR 46040-46051, 8/31/93] 74:28:25:01;

(Checklist 126). 74:28:26:01;

74:28:28:01;

74:28:30:01.

Boilers & Industrial Furnaces; 74:28:27:01............ 10/02/95

Administrative Stay & Interim

Standards for Bevill Residues

[58 FR 59598-59603, 11/9/93]

(Checklist 127).

Wastes From the Use of 74:28:21:02............ 10/02/95

Chlorophenolic Formulations in

Wood Surface Protection [59 FR

458-469, 1/4/94] (Checklist

128).

Revision of Conditional 74:28:22:01............ 10/02/95

Exemption for Small Scale

Treatability Studies [59 FR

8362-8366, 2/18/94] (Checklist

129).

Recycled Used Oil Management 74:28:27:01............ 10/02/95

Standards; Technical

Amendments & Corrections II

[59 FR 10550-10560, 3/4/94]

(Checklist 130).

Recordkeeping Instructions; 74:28:25:01; 10/02/95

Technical Amendment [59 FR 74:28:28:01.

13891-13893, 3/24/94]

(Checklist 131).

Wood Surface Protection; 74:28:21:02............ 10/02/95

Correction [59 FR 28484, 6/2/

94] (Checklist 132).

Letter of Credit Revision [59 74:28:25:01............ 10/02/95

FR 29958-29960, 6/10/94]

(Checklist 133).

Correction of Beryllium Powder 74:28:22:01; 10/02/95

(P015) Listing [59 FR 31551- 74:28:30:01;

2/95

Technical Amendment [59 FR 74:28:28:01.

13891-13893, 3/24/94]

(Checklist 131).

Wood Surface Protection; 74:28:21:02............ 10/02/95

Correction [59 FR 28484, 6/2/

94] (Checklist 132).

Letter of Credit Revision [59 74:28:25:01............ 10/02/95

FR 29958-29960, 6/10/94]

(Checklist 133).

Correction of Beryllium Powder 74:28:22:01; 10/02/95

(P015) Listing [59 FR 31551- 74:28:30:01;.

31552, 6/20/94] (Checklist

134).

Recovered Oil Exclusion [59 FR 74:28:22:01; 11/05/96

38336-38545, 7/28/94] 74:28:27:01.

(Checklist 135).

Removal of the Conditional 74:28:27:01; 11/05/96

Exemption for Certain Slag 74:28:30:01.

Residues [59 FR 43496-43500, 8/

24/94] (Checklist 136).

Universal Treatment Standards & 74:28:21:02; 11/05/96

Treatment Standards for 74:28:22:01;

Organic Toxicity 74:28:25:01;

Characteristic Wastes & Newly 74:28:27:01;

Listed Wastes [59 FR 47982- 74:28:28:01;

48110, 9/19/94] (Checklist 74:28:30:01.

137).

Testing & Monitoring Activities 74:28:21:02............ 11/05/96

Amendment I [60 FR 3089-3095,

1/13/95] (Checklist 139).

Testing & Monitoring Activities 74:28:21:02............ 11/05/96

Amendment II [60 FR 17001-

17004, 4/4/95] (Checklist 141).

Universal Waste: General 74:28:21:02; 11/05/96

Provisions [60 FR 25492-25551, 74:28:22:01;

5/11/95] (Checklist 142A). 74:28:25:01;

74:28:26:01;

74:28:27:01;

74:28:28:01;

74:28:30:01;

74:28:33:01.

Universal Waste: Specific 74:28:21:02; 11/05/96

Provisions for Batteries [60 74:28:22:01;

FR 25492-25551, 5/11/95] 74:28:23:01;

(Checklist 142B). 74:28:25:01;

74:28:26:01;

74:28:28:01;

74:28:30:01;

74:28:33:01.

Universal Waste: Specific 74:28:21:02; 11/05/96

Provisions for Thermostats [60 74:28:22:01;

FR 25492-25551, 5/11/95] 74:28:25:01;

(Checklist 142D). 74:28:26:01;

74:28:28:01;

74:28:30:01;

74:28:33:01.

Universal Waste: Petition 74:28:21:02; 11/05/96

Provisions to Add a New 74:28:33:01.

Universal Waste [60 FR 25492-

25551, 5/11/95] (Checklist

142E)

74:28:28:01;

74:28:30:01;

74:28:33:01.

Universal Waste: Specific 74:28:21:02; 11/05/96

Provisions for Thermostats [60 74:28:22:01;

FR 25492-25551, 5/11/95] 74:28:25:01;

(Checklist 142D). 74:28:26:01;

74:28:28:01;

74:28:30:01;

74:28:33:01.

Universal Waste: Petition 74:28:21:02; 11/05/96

Provisions to Add a New 74:28:33:01.

Universal Waste [60 FR 25492-

25551, 5/11/95] (Checklist

142E).

Liquids in Landfills III [60 FR 74:28:25:01; 08/05/97

35703-35706, 7/11/95] 74:28:28:01.

(Checklist 145).

Amendments to the Definition of 74:28:22:01............ 08/05/97

Solid Waste; Amendment II [61

FR 13103-13106, 3/26/96]

(Checklist 150).

Land Disposal Restrictions 74:28:30:01............ 08/05/97

Phase III--Decharacterized

Wastewaters, Carbamate Wastes

& Spent Potliners [61 FR 15566-

15660, 4/8/96] (Checklist 151).

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\1\ Administrative Rules of South Dakota.

G. Where Are The Revised State Rules Different From The Federal

Rules?

EPA cannot delegate the Federal requirements at 40 CFR 268.5,

268.42(b), and 268.44. South Dakota has excluded these requirements and

EPA will continue to implement these requirements.

H. Who Handles Permits After This 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 we issued prior to the effective date of this

authorization until they expire or are terminated. When the State

incorporates

es Permits After This 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 we issued prior to the effective date of this

authorization until they expire or are terminated. When the State

incorporates

the terms and conditions of the Federal permits into State permits or

issues State permits to those facilities, EPA will terminate the

Federal permits. We will not issue any more new permits or new portions

of permits for the provisions listed in the Table above 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. Section

1151) In South Dakota?

EPA has been consulting with the affected Tribes and has had

discussions with the State regarding the extent of Indian country in

South Dakota. Based on these discussions, we propose the following

language. Recognizing that the affected parties may have differing

opinions, we invite comment from the Tribes, the State and others.

EPA's decision to authorize the South Dakota hazardous waste

program does not include any land that is, or becomes after the date of

this authorization, ``Indian Country,'' as defined in 18 U.S.C. 1151,

including:

1. Land within formal Indian reservations located within or

abutting the State of South Dakota, including the:

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, and

h. Yankton Indian Reservation.

2. Any land held in trust by the United States for an Indian tribe,

and

3. Any other land, whether on or off a reservation, that qualifies

as Indian country

ow 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, and

h. Yankton Indian Reservation.

2. Any land held in trust by the United States for an Indian tribe,

and

3. Any other land, whether on or off a reservation, that qualifies

as Indian country.

Moreover, in the context of these principles, a more detailed

discussion for three reservations follows.

Rosebud Sioux Reservation

In the September 16, 1996, FR Notice, EPA noted that the U.S.

Supreme Court in Rosebud Sioux Tribe v. Kneip, 430 U.S. 584 (1977),

determined that three Congressional acts diminished the Rosebud Sioux

Reservation and that it no longer includes Gregory, Tripp, Lyman and

Mellette Counties. Accordingly, EPA authorizes the South Dakota

hazardous waste program for all land in Gregory, Tripp, Lyman and

Mellette Counties that was formerly within the 1889 Rosebud Sioux

Reservation boundaries and does not otherwise qualify as Indian country

under 18 U.S.C. 1151. This authorization does not include any trust or

other land in Gregory, Tripp, Lyman and Mellette Counties that

qualifies as Indian country.

Lake Traverse (Sisseton-Wahpeton) Reservation

In the September 16, 1996, FR Notice, EPA noted that the U.S.

Supreme Court in DeCoteau v. District County Court, 420 U.S. 425

(1975), determined that an Act of Congress disestablished the Lake

Traverse (Sisseton-Wahpeton) Reservation. Therefore, EPA is authorizing

the South Dakota hazardous waste program for all land that was formerly

within the 1867 Lake Traverse Reservation boundaries and does not

otherwise qualify as Indian country under 18 U.S.C. 1151. This

authorization does not include any trust or other land within the

former Lake Traverse Reservation that qualifies as Indian country.

Yankton Sioux Reservation

ion. Therefore, EPA is authorizing

the South Dakota hazardous waste program for all land that was formerly

within the 1867 Lake Traverse Reservation boundaries and does not

otherwise qualify as Indian country under 18 U.S.C. 1151. This

authorization does not include any trust or other land within the

former Lake Traverse Reservation that qualifies as Indian country.

Yankton Sioux Reservation

The U.S. Supreme Court's ruling in South Dakota v. Yankton Sioux

Tribe, 522 U.S. 329 (1998), found that the Yankton Sioux Reservation

has been diminished by the unallotted, ``ceded'' lands, that is, those

lands that were not allotted to Tribal members and that were sold by

the Yankton Sioux Tribe to the United States pursuant to an Agreement

executed in 1892 and ratified by the United States Congress in 1894.

Accordingly, EPA is authorizing the South Dakota hazardous waste

program for unallotted, ceded lands that were ceded as a result of the

Act of 1894, 28 Stat. 286 and do not otherwise qualify as Indian

country under 18 U.S.C. 1151. This authorization does not include any

trust or other land within the original boundaries of the Yankton Sioux

Reservation that qualifies as Indian country under 18 U.S.C. 1151. EPA

acknowledges that there may be further interpretation of land status by

the final Federal court decision in Yankton Sioux Tribe v. Gaffey, Nos.

98-3893, 3894, 3986, 3900. If Indian country status changes as a result

of Gaffey, EPA will act to modify this authorization as appropriate.

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 Code of Federal Regulations. 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 until a later date.

orized 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 Code of Federal Regulations. 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 until a later date.

K. Regulatory Analysis and Notices

Unfunded Mandates Reform Act

Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public

Law 104-4, establishes requirements for Federal agencies to assess the

effects of their regulatory actions on State, local, and tribal

governments and the private sector. Under section 202 of the UMRA, EPA

generally must prepare a written statement, including a cost-benefit

analysis, for proposed and final rules with ``Federal mandates'' that

may result in expenditures to State, local, and tribal governments, in

the aggregate, or to the private sector, of $100 million or more in any

one year.

Before promulgating an EPA rule for which a written statement is

needed, section 205 of the UMRA generally requires EPA to identify and

consider a reasonable number of regulatory alternatives and adopt the

least costly, most cost-effective or least burdensome alternative that

achieves the objectives of the rule. The provisions of section 205 do

not apply when they are inconsistent with applicable law. Moreover,

section 205 allows EPA to adopt an alternative other than the least

costly, most cost-effective or least burdensome alternative if the

Administrator publishes with the final rule an explanation why that

alternative was not adopted. Before EPA establishes any regulatory

requirements that may significantly or uniquely affect small

governments, including tribal governments, it must have developed under

section 203 of the UMRA a small government agency plan

ctor. Further, as it

applies to the State, this action does not impose a Federal

intergovernmental mandate because UMRA does not include duties arising

from participation in a voluntary Federal program.

The requirements of section 203 of UMRA also do not apply to

today's action because this rule contains no regulatory requirements

that might significantly or uniquely affect small governments. Although

small governments may be hazardous waste generators, transporters, or

own and/or operate TSDFs, they are already subject to the regulatory

requirements under the existing State laws that are being authorized by

EPA, and, thus, are not subject to any additional significant or unique

requirements by virtue of this program approval.

Certification Under the Regulatory Flexibility Act

Pursuant to the Regulatory Flexibility Act (5 U.S.C. 601 et seq.,

as amended by the Small Business Regulatory Enforcement Fairness Act of

1996), whenever an agency is required to publish a notice of rulemaking

for any proposed or final rule, it must prepare and make available for

public comment a regulatory flexibility analysis that describes the

effect of the rule on small entities (i.e., small businesses, small

organizations, and small governmental jurisdictions). This analysis is

unnecessary, however, if the agency's administrator certifies that the

rule will not have a significant economic impact on a substantial

number of small entities.

EPA has determined that this authorization will not have a

significant economic impact on a substantial number of small entities.

Such small entities which are hazardous waste generators, transporters,

or which own and/or operate TSDFs are already subject to the regulatory

requirements under the existing State laws that are now being

authorized by EPA. EPA's authorization does not impose any significant

additional burdens on these small entities

e a

significant economic impact on a substantial number of small entities.

Such small entities which are hazardous waste generators, transporters,

or which own and/or operate TSDFs are already subject to the regulatory

requirements under the existing State laws that are now being

authorized by EPA. EPA's authorization does not impose any significant

additional burdens on these small entities. This is because EPA's

authorization would simply result in an administrative change, rather

than a change in the substantive requirements imposed on these small

entities.

Pursuant to the provision at 5 U.S.C. 605(b), the Agency hereby

certifies that this authorization will not have a significant economic

impact on a substantial number of small entities. This authorization

approves regulatory requirements under existing State law to which

small entities are already subject. It does not impose any new burdens

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

flexibility analysis.

Submission to Congress and the Comptroller General

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 rule 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 of the rule in today's Federal Register. This rule is

not a ``major rule'' as defined by 5 U.S.C. 804(2).

Compliance With Executive Order 12866

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

requirements of Executive Order 12866.

Compliance With Executive Order 12875

the U.S. House of

Representatives and the Comptroller General of the United States prior

to publication of the rule in today's Federal Register. This rule is

not a ``major rule'' as defined by 5 U.S.C. 804(2).

Compliance With Executive Order 12866

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

requirements of Executive Order 12866.

Compliance With Executive Order 12875

Under Executive Order 12875, EPA may not issue a regulation that is

not required by statute and that creates a mandate upon a State, local

or tribal government, unless the Federal government provides the funds

necessary to pay the direct compliance costs incurred by those

governments, or EPA consults with those governments. If EPA complies

with consulting, Executive Order 12875 requires EPA to provide to the

Office of Management and Budget a description of the extent of EPA's

prior consultation with representatives of affected State, local and

tribal governments, the nature of their concerns, copies of any written

communications from the governments, and a statement supporting the

need to issue the regulation. In addition, Executive Order 12875

requires EPA to develop an effective process permitting elected

officials and other representatives of State, local and tribal

governments ``to provide meaningful and timely input in the development

of regulatory proposals containing significant unfunded mandates.''

This rule does not create a mandate on State, local or tribal

governments. The rule does not impose any enforceable duties on these

entities. The State administers its hazardous waste program

voluntarily, and any duties on other State, local or tribal

governmental entities arise from that program, not from this action.

Accordingly, the requirements of Executive Order 12875 do not apply to

this rule.

Compliance With Executive Order 13045

ocal or tribal

governments. The rule does not impose any enforceable duties on these

entities. The State administers its hazardous waste program

voluntarily, and any duties on other State, local or tribal

governmental entities arise from that program, not from this action.

Accordingly, the requirements of Executive Order 12875 do not apply to

this rule.

Compliance With Executive Order 13045

Executive Order 13045, ``Protection of Children from Environmental

Health Risks and Safety Risks,'' applies to any rule that: (1) the

Office of Management and Budget determines is ``economically

significant'' as defined under Executive Order 12866, and (2) concerns

an environmental health or safety risk that EPA has reason to believe

may have a disproportionate effect on children. If the regulatory

action meets both criteria, the Agency must evaluate the environmental

health or safety effects of the planned rule on children and explain

why the planned regulation is preferable to other potentially effective

and reasonably feasible alternatives considered by the Agency.

This rule is not subject to E.O. 13045 because it is not an

economically significant rule as defined by E.O. 12866, and because it

does not involve decisions based on environmental health or safety

risks.

Compliance With Executive Order 13084

Under Executive Order 13084, EPA may not issue a regulation that is

not required by statute, that significantly or uniquely affects the

communities of Indian tribal governments, and that imposes substantial

direct compliance costs on those communities, unless the Federal

government provides the funds necessary to pay the direct compliance

costs incurred by the tribal governments, or EPA consults with those

governments

, EPA may not issue a regulation that is

not required by statute, that significantly or uniquely affects the

communities of Indian tribal governments, and that imposes substantial

direct compliance costs on those communities, unless the Federal

government provides the funds necessary to pay the direct compliance

costs incurred by the tribal governments, or EPA consults with those

governments. If EPA complies with consulting, Executive Order 13084

requires EPA to provide to the Office of Management and Budget, in a

separately identified section of the preamble to the rule, a

description of the extent of EPA's prior consultation with

representatives of affected tribal governments, a summary of the nature

of their concerns, and a statement supporting the need to issue the

regulation. In addition, Executive Order 13084 requires EPA to develop

an effective process permitting elected officials and other

representatives of Indian tribal governments ``to provide meaningful

and timely input in the development of regulatory policies on matters

that significantly or uniquely affect their communities.''

This rule is not subject to E.O. 13084 because it does not

significantly or uniquely affect the communities of Indian tribal

governments. South Dakota

is not authorized to implement the RCRA hazardous waste program in

Indian country. This action has no effect on the hazardous waste

program that EPA implements in the Indian country within the State.

Paperwork Reduction Act

Under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., Federal

agencies must consider the paperwork burden imposed by any information

request contained in a proposed rule or a final rule. This rule will

not impose any information requirements upon the regulated community.

National Technology Transfer and Advancement Act

nts in the Indian country within the State.

Paperwork Reduction Act

Under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., Federal

agencies must consider the paperwork burden imposed by any information

request contained in a proposed rule or a final rule. This rule will

not impose any information requirements upon the regulated community.

National Technology Transfer and Advancement Act

Section 12(d) of the National Technology Transfer and Advancement

Act of 1995 (``NTTAA''), Public Law 104-113, section 12(d) (15 U.S.C.

272 note) directs EPA to use voluntary consensus standards in its

regulatory activities unless to do so would be inconsistent with

applicable law or otherwise impractical. Voluntary consensus standards

are technical standards (e.g., materials specifications, test methods,

sampling procedures, and business practices) that are developed or

adopted by voluntary consensus standards bodies. The NTTAA directs EPA

to provide Congress, through OMB, explanations when the Agency decides

not to use available and applicable voluntary consensus standards.

This action does not involve technical standards. Therefore, EPA

did not consider the use of any voluntary consensus standards.

List of Subjects in 40 CFR Part 271

Environmental Protection, Administrative practice and procedure,

Confidential business information, Hazardous waste, Hazardous waste

transportation, Incorporation by reference, Indian lands,

Intergovernmental relations, Penalties, Reporting and recordkeeping

requirements, Water pollution control, Water supply.

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: August 2, 1999.

Jack McGraw,

Acting Regional Administrator, Region 8.

[FR Doc. 99-20551 Filed 8-9-99; 8:45 am]

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