81 FR 41229 - Wyoming: Final Authorization of State Hazardous Waste Management Program Revisions and Incorporation by Reference

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 122 (June 24, 2016)

Page Range		41229-41235
FR Document		2016-14284
The State of Wyoming has applied to Environmental Protection Agency (EPA) for final authorization of the changes to its hazardous waste program under the Resource Conservation and Recovery Act (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 direct final action. The EPA uses the regulations entitled ``Approved State Hazardous Waste Management Programs'' to provide notice of the authorization status of State programs and to incorporate by reference those provisions of State statutes and regulations that will be subject to the EPA's inspection and enforcement. This rule also codifies in the regulations the approval of Wyoming's hazardous waste management program and incorporates by reference authorized provisions of the State's regulations.
Federal Register, Volume 81 Issue 122 (Friday, June 24, 2016)
[Federal Register Volume 81, Number 122 (Friday, June 24, 2016)]
[Rules and Regulations]
[Pages 41229-41235]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-14284]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 271 and 272

[EPA-R08-RCRA-2016-0174; FRL-9947-06-Region 8]


Wyoming: Final Authorization of State Hazardous Waste Management 
Program Revisions and Incorporation by Reference

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The State of Wyoming has applied to Environmental Protection 
Agency (EPA) for final authorization of the changes to its hazardous 
waste program under the Resource Conservation and Recovery Act (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 direct final action. The EPA uses the 
regulations entitled ``Approved State Hazardous Waste Management 
Programs'' to provide notice of the authorization status of State 
programs and to incorporate by reference those provisions of State 
statutes and regulations that will be subject to the EPA's inspection 
and enforcement. This rule also codifies in the regulations the 
approval of Wyoming's hazardous waste management program and 
incorporates by reference authorized provisions of the State's 
regulations.

DATES: This rule is effective on August 23, 2016 unless the EPA 
receives adverse written comment by July 25, 2016. The incorporation by 
reference of certain publications listed in the rule is approved by the 
Director of the Federal Register as of August 23, 2016. If the EPA 
receives adverse comment, it will publish a timely withdrawal of this 
direct final rule in the Federal Register and inform the public that 
this authorization will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
RCRA-2016-0174 by one of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the on-line instructions for submitting comments.
    2. Email: [email protected].
    3. Fax: (303) 312-6341 (prior to faxing, please notify the EPA 
contact listed below).
    4. Mail, Hand Delivery or Courier: Christina Cosentini, Resource 
Conservation and Recovery Program, EPA Region 8, Mailcode 8P-R, 1595 
Wynkoop Street, Denver, Colorado 80202-1129. Courier or hand deliveries 
are only accepted during the Regional Office's normal hours of 
operation. The public is advised to call in advance to verify business 
hours. Special arrangements should be made for deliveries of boxed 
information.
    Instructions: Direct your comments to Docket ID No. EPA-R08-RCRA-
2016-0174. The EPA's policy is that all comments received will be 
included in the public docket without change and may be available 
online at http://www.regulations.gov, including any personal 
information provided, unless the comment includes information claimed 
to be Confidential Business Information (CBI) or other information 
whose disclosure is restricted by statute. Do not submit information 
that you consider to be CBI or otherwise protected through 
regulations.gov, or email. The Federal http://www.regulations.gov Web 
site 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 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 viruses.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not 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 
form. Publicly available docket materials are available either 
electronically through http://www.regulations.gov or in hard copy at: 
EPA Region 8, from 8 a.m. to 4 p.m., 1595 Wynkoop Street, Denver, 
Colorado, contact: Christina Cosentini, phone number (303) 312-6231, or 
the Wyoming Department of Environmental Quality, from 9 a.m. to 5 p.m., 
Solid and Hazardous Waste Division, 200 W. 17th St., 2nd Floor, 
Cheyenne, Wyoming 82002. The public is advised to call in advance to 
verify business hours.

FOR FURTHER INFORMATION CONTACT: Christina Cosentini, Resource 
Conservation and Recovery Program, EPA Region 8, 1595 Wynkoop Street, 
Denver, Colorado 80202; phone number (303) 312-6231; Email address: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Authorization of Revisions to Wyoming's Hazardous Waste Program

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 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 
EPA's regulations in 40 Code of Federal Regulations (CFR) parts 124, 
260 through 268, 270, 273 and 279. When states make other changes to 
their

[[Page 41230]]

regulations, it is often appropriate for the states to seek 
authorization for the changes.

B. What decisions have we made in this rule?

    We conclude that Wyoming's application to revise its authorized 
program meets all of the statutory and regulatory requirements 
established by RCRA. Therefore, we grant Wyoming final authorization to 
operate its hazardous waste program with the changes described in the 
authorization application. Wyoming has responsibility for permitting 
Treatment, Storage, and Disposal Facilities (TSDFs), and for carrying 
out the aspects of the RCRA program described in its revised program 
application, subject to the limitations of the Hazardous and Solid 
Waste Amendments of 1984 (HSWA), for all areas within the State, except 
for ``Indian country'' as defined in 18 U.S.C. 1151.
    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 Wyoming, including issuing permits, until Wyoming is 
authorized to do so.

C. What is the effect of this authorization decision?

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

D. Why is the EPA using a direct final rule?

    The EPA is publishing this rule without a prior proposal because we 
view this as a noncontroversial action and anticipate no adverse 
comment. However, in the ``Proposed Rules'' section of this Federal 
Register, we are publishing a separate document that will serve as the 
proposed rule to authorize the State program changes if adverse 
comments are received on this direct final rule. We will not institute 
a second comment period on this action. Any parties interested in 
commenting must do so at this time. For further information about 
commenting on this rule, see the ADDRESSES section of this document.

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

    If the 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, therefore, if you want to 
comment on this action, you must do so at this time.

F. For what has Wyoming previously been authorized?

    Wyoming initially received final authorization on October 4, 1995, 
effective October 18, 1995 (60 FR 51925) to implement the RCRA 
hazardous waste management program. We granted authorization for 
changes to their program on February 25, 1999, effective August 6, 2001 
(56 FR 15503); however, this authorization was subsequently withdrawn 
on April 23, 1999 (64 FR 19925) and re-issued with the initial 
effective date of August 6, 2001 (66 FR 40911).
    After the 2001 authorization, the State of Wyoming repealed the 
existing text of the State's hazardous waste regulations and replaced 
it with text that incorporates by reference the Federal regulations in 
40 CFR part 124, subparts A, B, and G, and parts 260 through 268, 270, 
273, and 279 in the Wyoming Department of Environmental Quality 
Hazardous Waste Management Rules, Chapter 1, General Provisions, 
effective March 18, 2015.
    The incorporation by reference (IBR) format for the rules allows 
the State of Wyoming to provide a more concise, easy to use set of 
rules that details the differences between the Federal and State rules. 
The IBR format also shows in detail which Wyoming rules are more 
stringent than, or broader in scope than, the Federal hazardous waste 
regulations. The new rules were presented to the Wyoming Water and 
Waste Advisory Board (WWAB) in July 2014 and the WWAB recommended that 
the rules package could move forward to the Wyoming Environmental 
Quality Council (EQC) in September 2014. The State's new rules were 
presented to the EQC on January 15, 2015, and were approved unanimously 
by the EQC on the same day. A total of two public notices in June and 
July 2014 and October through December 2014 were conducted as part of 
the State rule-making process. The rules were finalized for the 
purposes of State adoption on March 31, 2015. Wyoming has adopted 
Federal rules promulgated through January 31, 2014 (date certain) in 
Title 40 of the Code of Federal Regulations (40 CFR), with the 
exceptions detailed in its Hazardous Waste Management Rules and 
Consolidated Checklists submitted by the State as part of its 
authorization application package. For detailed information regarding 
the regulatory transition, see the Wyoming Department of Environmental 
Quality Hazardous Waste Program, Program Description for Revision 6 
Request for Reauthorization, dated May 22, 2015, as revised November 
24, 2015; specifically, Attachment D: General Correspondence Between 
Previous State Rules, Current State IBR Rules, and Federal Rules and 
Attachment E: General Correspondence Between Previous State Rules, 
Current State IBR Rules and Federal Statutes.
    As a result of the State's adoption of the IBR format, Wyoming is 
seeking reauthorization for the hazardous waste regulatory program 
administered by the DEQ, as authorized under the Federal Resource 
Conservation Recovery Act (RCRA), and addressed in the following 
authorization Federal Register actions: 60 FR 51925 (October 4, 1995) 
and 66 FR 40911 (August 6, 2001). Wyoming is also seeking authorization 
for the Federal rule published on February 9, 1995 (60 FR 7824), as 
amended on April 17, 1995 (60 FR 19165) and May 12, 1995 (60 FR 25619) 
[Revision Checklist 140]), and specific Federal rules promulgated from 
March 26, 1996 through January 31, 2014. The State hazardous waste 
program for which authorization is sought does not include a request 
for authorization on Indian lands within the State.

G. What changes are we authorizing with this action?

    Wyoming submitted a final complete program revision application on 
February 4, 2016, seeking authorization of their changes in accordance 
with 40 CFR 271.21. We now make an immediate final decision, subject to 
receipt of written comments that oppose

[[Page 41231]]

this action that Wyoming's hazardous waste program revision satisfies 
all of the requirements necessary to qualify for final authorization. 
Therefore, we grant Wyoming final authorization for the program 
modifications contained in the State's program revision application, 
which includes State regulatory changes that are no less stringent than 
the Federal hazardous waste regulations as they appear in the 40 CFR, 
revised as of January 31, 2014, except for the final rules published on 
May 15, 2000 (65 FR 30886; Checklist 186), April 22, 2004 (69 FR 21737, 
as amended on October 25, 2004 69 FR 62217; Checklist 204); April 4, 
2006 (71 FR 16862; Checklist 213); October 30, 2008 (73 FR 64668; 
Revisions to the Definition of Solid Waste; Checklist 219); and 
December 19, 2008 (73 FR 77954, Checklist 221). The State requirements 
from its Department of Environmental Quality Hazardous Waste Rules and 
Regulations (HWRR), effective March 18, 2015, are included in the chart 
below.

------------------------------------------------------------------------
   Description of Federal requirement     Analogous state authority \1\
------------------------------------------------------------------------
1. 40 CFR part 124, subpart A (except    HWRR, Chapter 1, Sections 2(a)
 Sections 124.1, 124.4, 124.5(c),         and 124. [More stringent
 124.5(e)-(g), 124.6(c),                  provisions: 124(a)(v);
 124.6(d)(4)(ii)-(v), 124.8(b)(3),        124(b)(i); 124(b)(iii) second
 124.8(b)(8), 124.9(b)(6),                sentence; 124(b)(iii)(A)
 124.10(a)(1)(iv)-(v), 124.10(c)(1)(iv)-  through (C); 124(b)(iv);
 (viii), 124.10(c)(2)(i),                 124(d)(i); 124(d)(ii); and
 124.10(d)(1)(vii)-(viii),                124(e)(iii)].
 124.10(d)(2)(iv), 124.12(b),
 124.15(b)(2), 124.16, 124.18(b)(5),
 124.19, and 124.21); subpart B (except
 the fourth sentence of 124.31(a), the
 third sentence of 124.32(a), and the
 second sentence of 124.33(a)); and
 subpart G (except 124.204(d)(1) and
 (4), 124.205(a) and (h)).
2. 40 CFR part 260, except for the       Wyoming Department of
 following provisions: 260.2, 260.10      Environmental Quality (WDEQ)
 (definitions of ``Performance Track      Rules of Practice and
 member facility'', ``remediation waste   Procedure, as amended February
 management site'', and the third part    14, 1994, Chapter III;
 of the definition for ``facility''),    HWRR, Chapter 1, Sections 2(a),
 260.20(d) and (e), and the October 30,   2(b), 3, 4, and 260. [More
 2008 Definition of Solid Waste, (73 FR   stringent provision:
 62668).                                  260(b)(ii)].
                                         Note:
                                         (1) Section 2 addresses: (a)
                                          The date of the Federal
                                          regulations that Wyoming has
                                          incorporated by reference; (b)
                                          Federal rules explicitly
                                          excluded from the State's
                                          rule; (c) references to the
                                          State's more stringent and
                                          broader in scope provisions;
                                          and (d) the availability of
                                          all referenced Federal and
                                          Wyoming materials.
                                         (2) Section 3 addresses the
                                          substitution of State terms
                                          for Federal terms in order to
                                          make the Federal regulations
                                          incorporated by reference
                                          specific to Wyoming.
                                         (3) Section 4 addresses Wyoming-
                                          specific definitions and
                                          provisions needed to provide
                                          additional clarity to the
                                          State's regulations.
3. 40 CFR part 261, except for the       HWRR, Chapter 1, Sections 2(a),
 following provisions: 261.4(b)(11),      3(a)(x), 3(a)(xiii) and 261.
 261.4(b)(16), 261.4(b)(17), subpart H,   [More stringent provision:
 Appendix IX, the language ``in the       261(a)(iii) and 261(b)].
 Region where the sample is collected''
 in 261.4(e)(3)(iii), and the changes
 associated with 73 FR 62668, October
 30, 2008 (Definition of Solid Waste).
4. 40 CFR part 262, except for the       HWRR, Chapter 1, Sections 2(a)
 following provisions: 262.10(j) and      and 262. [More stringent
 (k), 262.34(j)-(l), subparts I and J,    provisions: 262(a)(iii) and
 and the language ``for the Region in     262(a)(v)].
 which the generator is located'' in 40
 CFR 262.42(a)(2) and 262.42(b).
5. 40 CFR part 263, except for the       HWRR, Chapter 1, Sections 2(a)
 following provision: 263.20(a)(3)        and 263. [More stringent
 which addresses compliance dates for     provisions: 263(a)(iv)].
 manifest form revisions for dates
 which have passed.
6. 40 CFR part 264, except for the       HWRR, Chapter 1, Sections 2(a)
 following provisions: 40 CFR 264.1(f),   and 264(a)-(d); 264(e)(i)
 264.1(g)(12), 264.1(j), 264.15(b)(5),    (except the citation `` W.S.
 264.70(b), 264.73(b)(17), 264.101(d),    35-11-1607 '' and the phrase
 264.147(k), 264.149, 264.150,            ``or signed remedy agreement
 264.195(e), 264.301(l), 264.314(e),      pursuant to W.S. 35-11-1607 ''
 264.554(l)(2), 264.1030(d),              in the first sentence of
 264.1050(g), and 264.1080(e) through     264(e)(i); 264(e)(iii)(A) and
 (g).                                     (B); and 264(f) through
                                          264(m). [More stringent
                                          provisions: 264(a)(iv);
                                          264(a)(v); 264(a)(vii);
                                          264(a)(x); 264(a)(xi); 264(h);
                                          264(i); 264(l); and 264(m)].
                                          [Broader-in-scope provisions:
                                          264(e)(i) and (ii)].
7. 40 CFR part 265, except for the       HWRR, Chapter 1, Sections 2(a)
 following provisions: Subpart R, 40      and 265. [More stringent
 CFR 265.1(c)(4), 265.15(b)(5),           provisions: 265(a)(iv) through
 265.15(c)(15), 265.70(b), 265.147(k),    (vi); 265(a)(ix); 265(a)(x);
 265.149, 265.150, 265.195(d),            265(e); and 265(f)].
 265.1030(c), 265.1050(f), 265.1080(e),
 265.1080(f), and 265.1080(g).
8. 40 CFR part 266.....................  HWRR, Chapter 1, Sections 2(a)
                                          and 266. [More stringent
                                          provisions: 266(b)(i) through
                                          (b)(vi); and 266(b)(viii)].
9. 40 CFR part 267, except 267.150.....  HWRR, Chapter 1, Sections 2(a)
                                          and 267. [More stringent
                                          provisions: 267(a)(ii);
                                          267(a)(iii); and 267(b)].
10. 40 CFR part 268, except 268.5,       HWRR, Chapter 1, Sections 2(a)
 268.6, 268.13, 268.42(b), 268.44(a)-     and 268.
 (g), and 268.44(o).
11. 40 CFR part 270 except for the       HWRR, Chapter 1, Sections 2(a),
 following provisions:                    3(a)(ii), 3(a)(v), 3(a)(vi)
 270.1(c)(1)(iii), 270.1(c)(2)(ix),       through 3(a)(ix), and 270
 270.11(d)(2), 270.13(k)(7),              (except 270(n). [More
 270.14(b)(18), 270.42(l), 270.42         stringent provisions:
 (Appendix I, Part A, Entries 9 and 10,   270(a)(iv); 270(a)(ix);
 and Part O Entry (1)(a)-(d)), 270.51,    270(a)(x); 270(a)(xii);
 270.60(a), 270.64, 270.68, 270.73(a),    270(a)(xx); 270(b) through
 subpart H (40 CFR 270.79-270.230),       (e); 270(h); and 270(j)
 270.260(h), and 270.290(r).              through (m)]. [Broader-in-
                                          scope provision: 270(n)].
12. 40 CFR part 273....................  HWRR, Chapter 1, Sections 2(a)
                                          and 273.
13. 40 CFR part 279....................  HWRR, Chapter 1, Sections 2(a)
                                          and 279.
------------------------------------------------------------------------
\1\ Items described as more stringent or broader-in-scope are discussed
  in detail in Section H of this rule.


[[Page 41232]]

H. Where are the revised State rules different from the Federal rules?

    1. EPA considers several Wyoming requirements to be more stringent 
than the Federal requirements. These requirements are part of Wyoming's 
authorized program and are federally enforceable. The specific more 
stringent provisions include, but are not limited to, the following:

    a. Permitting Program and Procedures: At 124(a)(v), 124(b)(i), 
124(b)(iii) second sentence and 124(b)(iii)(A) through (C), 
124(b)(iv), 124(d)(i), 124(d)(ii), 124(e)(iii), 270(a)(iv), 
270(a)(ix), 270(a)(x), 270(a)(xii), 270(a)(xx), 270(b), 
270(c)(i)(A), 270(c)(i)(B), 270(d)(i) introductory paragraph and 
(i)(A), 270(d)(i)(B), 270(d)(i)(C), 270(e), 270(h)(i), and 270(m) 
Wyoming has additional permitting procedure requirements (e.g., 
Wyoming's section 124(e)(iii) is more stringent than 40 CFR 
124.12(a)(3) and (a)(4) in that the State requires a hearing to be 
scheduled within 20 days after the close of the public comment, 
unless a different schedule is deemed necessary by the Council. The 
State also requires a public notice to be published once a week for 
two consecutive weeks immediately prior to the hearing in the county 
where the applicant plans to locate the facility);
    b. Notifications and Reports: At 261(a)(iii), 262(a)(iii), 
262(a)(v), 263(a)(iv), 264(a)(v), 265(a)(iv), 265(a)(v), 265(a)(ix), 
and 267(a)(iii), Wyoming requires copies of necessary notifications 
and reports be made and submitted to the Director or State agency in 
addition to the required Federal notification or reporting;
    c. Location Standards: At both 264(a)(iv) and 267(a)(ii), 
Wyoming prohibits new facilities from being located in a 100-year 
floodplain;
    d. Health and Environment Risk Assessment and Minimization: At 
264(a)(vii), 264(l), 264(m), and 270(l) the State requires facility 
owners or operators to demonstrate the ability to take and continue 
to take steps to prevent threats to human health and the environment 
including additional provisions for the assessment of health risks 
from facilities associated with normal operation or failure of a 
hazardous waste management facility pollution control or containment 
system;
    e. Landfill Prohibition: At 264(a)(x), 264(a)(xi), and 265(a)(x) 
Wyoming prohibits the placement of nonhazardous liquid waste in 
landfills;
    f. State Registration of Professional Engineers and Geologists: 
At 264(h), 264(i), 265(e), 265(f), 267(b), 270(j), and 270(k), 
Wyoming requires both professional engineers and professional 
geologists to be registered in the State when referring to 
activities requiring Professional Engineer or Professional Geologist 
certification;
    g. Military Munitions: At 266(b)(i), 266(b)(iii) through (v), 
and 266(b)(viii) Wyoming has additional requirements for military 
munitions (e.g., at 266(b)(i) the State requires the operator of the 
range to notify the Director in writing if remedial action for these 
types of waste is infeasible); and
    h. Remedial Action Plans (RAPs): Wyoming has chosen not to adopt 
the less stringent Remedial Action Plan (RAP) alternate permit for 
remediation management sites addressed in the final rule published 
on November 30, 1998 (63 FR 65874).

    2. The EPA considers several State requirements to be broader-in-
scope than the Federal program. Although a facility must comply with 
these requirements in accordance with State law, they are not RCRA 
requirements. Broader-in-scope requirements are not part of the 
authorized program and EPA cannot enforce them. The specific broader-
in-scope provisions include the following:

    a. Wyoming Voluntary Remediation Program: At 264(e)(i) and (ii) 
[with respect to the Wyoming Voluntary Remediation Program only] the 
State makes the Corrective Action Management Unit program 
requirements available to participants in the State of Wyoming 
Voluntary Remediation Program who would otherwise not be regulated 
under the RCRA program; and
    b. Permitting Program and Procedures: At 270(n), Wyoming 
requires an applicant for a permit to demonstrate fitness by 
requiring that the past performance of the applicant or any 
partners, executive officers, or corporate directors, be reviewed.

    Wyoming did not change any previously more stringent or broader-in-
scope provisions to be equivalent to the Federal rules.
    3. The EPA will continue to implement certain Federal requirements 
that the EPA cannot delegate to states. The requirements include: (1) 
Certain provisions in 40 CFR 261.39(a)(5) and 261.41, part 262, 
subparts E, F and H, part 263, subpart B, 264.12(a)(2), 264.71(a)(3), 
264.71(d), 265.12(a)(2), 265.71(a)(3), and 265.71(d) regarding 
governmental oversight of exports and imports of hazardous waste; (2) 
manifest registry functions in 40 CFR part 262, subpart B; (3) 268.5, 
268.6, 268.42(b), and 268.44(a)-(g) regarding land disposal 
restrictions; and (4) 279.82(b) regarding State petitions to allow use 
of used oil as a dust suppressant.

I. Who handles permits after the authorization takes effect?

    Wyoming 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 which were issued prior to the effective date of this 
authorization until Wyoming 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 Wyoming is not yet 
authorized.

J. How does this action affect Indian country (18 U.S.C. 1151) in 
Wyoming?

    This program revision does not extend to ``Indian country'' as 
defined in 18 U.S.C. 1151.
    In excluding Indian country from the scope of this program 
revision, the EPA is not making a determination that the State either 
has adequate jurisdiction or lacks jurisdiction over sources in Indian 
country. Should the State of Wyoming choose to seek program 
authorization within Indian country, the EPA would have to be satisfied 
that the State has authority, either pursuant to explicit Congressional 
authorization or applicable principles of Federal Indian law, to 
enforce its laws against existing and potential pollution sources 
within any geographical area for which it seeks program approval, and 
that such approval would constitute sound administrative practice.

II. Corrections

    In the entry for the Checklist 142B authorization table published 
for Wyoming as part of the February 25, 1999 (64 FR 9278) proposed rule 
(final rule published on August 6, 2001 (66 FR 40911)), the citation 
``Ch. 13, S1(a)(vi)(A)'' should be corrected to read ``Ch. 13, 
S1(a)(vi)(I)''.

III. Incorporation by Reference

A. What is codification?

    Codification is the process of including the statutes and 
regulations that comprise the State's authorized hazardous waste 
management program into the CFR. Section 3006(b) of RCRA, as amended, 
allows the Environmental Protection Agency (EPA) to authorize state 
hazardous waste management programs. The state regulations authorized 
by the EPA supplant the Federal regulations concerning the same matter 
with the result that after authorization the EPA enforces the 
authorized regulations. Infrequently, state statutory language which 
acts to regulate a matter is also authorized by the EPA with the 
consequence that the EPA enforces the authorized statutory provision. 
The EPA does not authorize state enforcement authorities and does not 
authorize state procedural requirements. The EPA codifies the 
authorized state program in 40 CFR part 272 and incorporates by 
reference state statutes and regulations that make up the approved 
program which is federally enforceable in accordance with Sections 
3007, 3008, 3013, and 7003 of

[[Page 41233]]

RCRA, 42 U.S.C. 6927, 6928, 6934 and 6973, and any other applicable 
statutory and regulatory provisions.

B. What decisions have we made in this rule?

    In this action, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference of the 
Wyoming rules described in the amendments to 40 CFR part 272 set forth 
below. The EPA has made, and will continue to make, these documents 
available electronically through http://www.regulations.gov and in hard 
copy at the appropriate EPA office (see the ADDRESSES section of this 
preamble for more information).
    The purpose of this Federal Register document is to codify the 
EPA's authorization of Wyoming's base hazardous waste management 
program and its revisions to that program. The codification reflects 
the State program that would be in effect at the time the EPA's 
authorized revisions to the Wyoming hazardous waste management program 
addressed in this direct final rule become final. This action does not 
reopen any decision the EPA previously made concerning the 
authorization of the State's hazardous waste management program. The 
EPA is not requesting comments on its decisions published in the 
Federal Register documents referenced in Section I.F of this preamble 
concerning revisions to the authorized program in Wyoming.
    The EPA is incorporating by reference the EPA's approval of 
Wyoming's hazardous waste management program by adding subpart ZZ to 40 
CFR part 272. Section 272.2551 incorporates by reference Wyoming's 
authorized hazardous waste regulations, as amended effective March 18, 
2015. Section 272.2551 also references the demonstration of adequate 
enforcement authority, including procedural and enforcement provisions, 
which provide the legal basis for the State's implementation of the 
hazardous waste management program. In addition, section 272.2551 
references the Memorandum of Agreement, the Attorney General's 
Statements and the Program Description, which are evaluated as part of 
the approval process of the hazardous waste management program in 
accordance with Subtitle C of RCRA.

C. What is the effect of Wyoming's codification on enforcement?

    The EPA retains the authority under statutory provisions, including 
but not limited to, RCRA sections 3007, 3008, 3013 and 7003, and other 
applicable statutory and regulatory provisions to undertake inspections 
and enforcement actions and to issue orders in all authorized states. 
With respect to enforcement actions, the EPA will rely on Federal 
sanctions, Federal inspection authorities, and Federal procedures 
rather than the state analogs to these provisions. Therefore, the EPA 
is not incorporating by reference Wyoming's inspection and enforcement 
authorities nor are those authorities part of Wyoming's approved State 
program which operates in lieu of the Federal program. 40 CFR 
272.2551(c)(2) lists these authorities for informational purposes, and 
because the EPA also considered them in determining the adequacy of 
Wyoming's procedural and enforcement authorities. Wyoming's authority 
to inspect and enforce the State's hazardous waste management program 
requirements continues to operate independently under State law.

D. What state provisions are not part of the codification?

    The public is reminded that some provisions of Wyoming's hazardous 
waste management program are not part of the federally authorized State 
program. These non-authorized provisions include:
    (1) Provisions that are not part of the RCRA subtitle C program 
because they are ``broader-in-scope'' than RCRA subtitle C (see 40 CFR 
271.1(i));
    (2) Federal rules for which Wyoming was previously authorized but 
which were later vacated by the U.S. Court of Appeals for the District 
of Columbia Circuit (D.C. Cir. No. 98-1379 and 08-1144; June 27, 2014). 
See 80 FR 18777 (April 8, 2015).
    (3) State procedural and enforcement authorities which are 
necessary to establish the ability of the State's program to enforce 
compliance but which do not supplant the Federal statutory enforcement 
and procedural authorities.
    State provisions that are ``broader-in-scope'' than the Federal 
program are not incorporated by reference in 40 CFR part 272. For 
reference and clarity, the EPA lists in 40 CFR 272.2551(c)(3) the 
Wyoming regulatory and statutory provisions which are ``broader in 
scope'' than the Federal program and which are not part of the 
authorized program being incorporated by reference. While ``broader in 
scope'' provisions are not part of the authorized program and cannot be 
enforced by the EPA, the State may enforce such provisions under State 
law.

E. What will be the effect of codification on Federal HSWA 
requirements?

    With respect to any requirement(s) pursuant to HSWA for which the 
State has not yet been authorized, and which the EPA has identified as 
taking effect immediately in States with authorized hazardous waste 
management programs, the EPA will enforce those Federal HSWA standards 
until the State is authorized for those provisions.
    The codification does not affect Federal HSWA requirements for 
which the State is not authorized. The EPA has authority to implement 
HSWA requirements in all states, including states with authorized 
hazardous waste management programs, until the states become authorized 
for such requirements or prohibitions, unless the EPA has identified 
the HSWA requirement(s) as an optional or as a less stringent 
requirement of the Federal program. A HSWA requirement or prohibition, 
unless identified by the EPA as optional or as less stringent, 
supersedes any less stringent or inconsistent state provision which may 
have been previously authorized by EPA (50 FR 28702, July 15, 1985).
    Some existing state requirements may be similar to the HSWA 
requirements implemented by the EPA. However, until the EPA authorizes 
those state requirements, the EPA enforces the HSWA requirements and 
not the state analogs.

IV. Administrative Requirements

    The Office of Management and Budget (OMB) has exempted this action 
from the requirements of Executive Orders 12866 (58 FR 51735, October 
4, 1993) and 13563 (76 FR 3821, January 21, 2011). Therefore this 
action is not subject to review by OMB. This action authorizes and 
codifies State requirements for the purpose of RCRA 3006 and imposes no 
additional requirements beyond those imposed by State law. Accordingly, 
I certify that this action will not have a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.). Because this action authorizes 
and codifies 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

[[Page 41234]]

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 and codifies 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.). Executive Order 12898 (59 FR 7629, Feb. 16, 1994) establishes 
Federal executive policy on environmental justice. Its main provision 
directs Federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high 
and adverse human health or environmental effects of their programs, 
policies, and activities on minority populations and low-income 
populations in the United States. Because this rule authorizes pre-
existing State rules which are at least equivalent to, and no less 
stringent than existing Federal requirements, and imposes no additional 
requirements beyond those imposed by State law, and there are no 
anticipated significant adverse human health or environmental effects, 
the rule is not subject to Executive Order 12898.
    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 August 23, 2016.

List of Subjects

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.

40 CFR Part 272

    Environmental protection, Hazardous materials transportation, 
Hazardous waste, Incorporation by reference, Intergovernmental 
relations, Water pollution control, Water supply.

    Authority: This rule 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: May 11, 2016.
Shaun L. McGrath,
Regional Administrator, Region 8.

    For the reasons set forth in the preamble, under the authority at 
42 U.S.C. 6912(a), 6926, and 6974(b), the EPA is granting final 
authorization under 40 CFR part 271 to the State of Wyoming for 
revisions to its hazardous waste program under the Resource 
Conservation and Recovery Act and is amending 40 CFR part 272 as 
follows:

PART 272--APPROVED STATE HAZARDOUS WASTE MANAGEMENT PROGRAMS

0
1. The authority citation for part 272 continues to read as follows:

    Authority: Secs. 2002(a), 3006, and 7004(b) of the Solid Waste 
Disposal Act, as amended by the Resource Conservation and Recovery 
Act of 1976, as amended, 42 U.S.C. 6912(a), 6926, and 6974(b).


0
2. Amend subpart ZZ by adding Sec.  272.2551 to read as follows:


Sec.  272.2551  Wyoming State-administered program: Final 
authorization.

    (a) Pursuant to section 3006(b) of RCRA, 42 U.S.C. 6926(b), Wyoming 
has final authorization for the following elements as submitted to the 
EPA in Wyoming's base program application for final authorization which 
was approved by the EPA effective on October 18, 1995. Subsequent 
program revision applications were approved effective on August 6, 2001 
and August 23, 2016.
    (b) The State of Wyoming has primary responsibility for enforcing 
its hazardous waste management program. However, the EPA retains the 
authority to exercise its inspection and enforcement authorities in 
accordance with sections 3007, 3008, 3013, 7003 of RCRA, 42 U.S.C. 
6927, 6928, 6934, 6973, and any other applicable statutory and 
regulatory provisions, regardless of whether the State has taken its 
own actions, as well as in accordance with other statutory and 
regulatory provisions.
    (c) State statutes and regulations. (1) The Wyoming regulations 
cited in paragraph (c)(1)(i) of this section are incorporated by 
reference as part of the hazardous waste management program under 
Subtitle C of RCRA, 42 U.S.C. 6921 et seq. This incorporation by 
reference is approved by the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain 
copies of the Wyoming regulations that are incorporated by reference in 
this paragraph from Wyoming Secretary of State's Office, The Capitol 
Building, Room B-10, 200 West 24th Street, Cheyenne, Wyoming 82002-
0020, (Phone: 307-777-5407). You may inspect a copy at the EPA Region 
8, 1595 Wynkoop Street, Denver, Colorado, phone number (303) 312-6231, 
or at the National Archives and Records Administration (NARA). For

[[Page 41235]]

information on the availability of this material at NARA, call (202) 
741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.
    (i) The Binder entitled ``EPA-Approved Wyoming Regulatory 
Requirements Applicable to the Hazardous Waste Management Program'', 
dated March, 2016.
    (ii) [Reserved]
    (2) The EPA considered the following statutes and regulations in 
evaluating the State program but is not incorporating them herein for 
enforcement purposes:
    (i) Wyoming Statutes Annotated (W.S.), as amended, 2015 Edition, 
Title 16, City, County, State, and Local Powers: Chapter 1, 
Intergovernmental Cooperation, section 16-1-101; Chapter 3, 
Administrative Procedure, sections 16-3-101(b)(vi), 16-3-103(h), 16-3-
107(k); Chapter 4, Uniform Municipal Fiscal Procedures, Public Records, 
Documents and Meetings, sections 16-4-201, 16-4-203(d)(i), 16-4-
203(d)(v).
    (ii) W.S., as amended, 2015 Edition, Title 35, Public Health and 
Safety: Chapter 11, Environmental Quality, Article 1, General 
Provisions, sections 35-11-102, 35-11-103(a), 35-11-103(d)(i), 35-11-
103(d)(ii), 35-103(d)(vii), 35-11-104 through 35-11-106, 35-11-108 
through 35-11-115; Article 5, Solid Waste Management, sections 35-11-
501 through 35-11-503 (except 35-11-503(b) and (c)), 35-11-504 through 
35-11-506, 35-11-508, 35-11-509, 35-11-514, 35-11-516, 35-11-518 
through 35-11-520; Article 9, Penalties, sections 35-11-901(a), (j), 
and (k); Article 11, Miscellaneous Provisions, sections 35-11-1101, 35-
11-1105(d), 35-11-1106(a)(iv); Article 16, Voluntary Remediation of 
Contaminated Sites, section 35-11-1607(e).
    (iii) Wyoming Rules of Civil Procedure, as amended, Rule 24.
    (iv) Wyoming Hazardous Waste Management Rules, Chapter 1, General 
Provisions: Sections 1(a) through (d); 2(c) and (d); 124 (except 
124(a)(v)); 260(b)(ii); and 270(o) through 270(q).
    (v) Wyoming Department of Environmental Quality, Rules of Practice 
and Procedure, as amended February 14, 1994, Chapter III.
    (3) The following statutory provisions are broader in scope than 
the Federal program, are not part of the authorized program, are not 
incorporated by reference and are not federally enforceable:
    (i) W.S., as amended, 2015 Edition, Title 35, Public Health and 
Safety: Chapter 11, Environmental Quality, Article 5, Solid Waste 
Management, section 35-11-517; Chapter 12, Industrial Development and 
Siting, sections 35-12-101, et seq.
    (ii) Wyoming Hazardous Waste Management Rules, Chapter 1, General 
Provisions: Sections 264(e)(i) [with respect to the Wyoming Voluntary 
Remediation Program only]; 264(e)(ii); and 270(n).
    (iii) [Reserved]
    (4) Unauthorized state amendments. (i) Wyoming has adopted but is 
not authorized for the following Federal final rules:
    (A) Imports and Exports of Hazardous Waste: Implementation of OECD 
Council Division [61 FR 16290, 04/12/96] (HSWA--Not delegable to 
States);
    (B) Hazardous Waste Combustors; Revised Standards [63 FR 33782, 6/
19/98] (Non-HSWA--Vacated by the U.S. Court of Appeals for the District 
of Columbia Circuit (D.C. Cir. No. 98-1379 and 08-1144; June 27, 2014);
    (C) Exclusion of Oil-Bearing Secondary Materials Processed in a 
Gasification System to Produce Synthesis Gas [73 FR 52, 1/2/08] (Non-
HSWA--Vacated by the U.S. Court of Appeals for the District of Columbia 
Circuit (D.C. Cir. No. 98-1379 and 08-1144; June 27, 2014);
    (D) OECD Requirements; Export Shipments of Spent Lead Acid 
Batteries [75 FR 1236, 1/8/10] (Non-HSWA--Not delegable to States);
    (E) Withdrawal of the Emission Comparable Fuel Exclusion [75 FR 
33712, 6/15/10] (Non-HSWA--Vacated by the U.S. Court of Appeals for the 
District of Columbia Circuit (D.C. Cir. No. 98-1379 and 08-1144; June 
27, 2014); and
    (F) Revisions to the Definition of Solid Waste [73 FR 64668, 10/30/
08].
    (ii) Those Federal rules written under RCRA provisions that predate 
HSWA (non-HSWA) which the State has adopted, but for which it is not 
authorized, are not federally enforceable. In contrast, the EPA will 
continue to enforce the Federal HSWA standards for which Wyoming is not 
authorized until the State receives specific authorization from EPA.
    (5) Memorandum of Agreement. The Memorandum of Agreement between 
the EPA, Region 8 and the State of Wyoming, signed by the State of 
Wyoming Department of Environmental Quality on July 19, 2012, and by 
the EPA Regional Administrator on July 27, 2012, although not 
incorporated by reference, is referenced as part of the authorized 
hazardous waste management program under subtitle C of RCRA, 42 U.S.C. 
6921 et seq.
    (6) Statement of legal authority. ``Attorney General's Statement 
for Final Authorization'', signed by the Attorney General of Wyoming on 
July 14, 1995, and revisions, supplements and addenda to that Statement 
dated December 9, 1997 and May 11, 2015, although not incorporated by 
reference, are referenced as part of the authorized hazardous waste 
management program under subtitle C of RCRA, 42 U.S.C. 6921 et seq.
    (7) Program Description. The Program Description and any other 
materials submitted as supplements thereto, although not incorporated 
by reference, are referenced as part of the authorized hazardous waste 
management program under subtitle C of RCRA, 42 U.S.C. 6921 et seq.

0
3. Appendix A to part 272 is amended by adding the listing for 
``Wyoming'' to read as follows:

Appendix A to Part 272--State Requirements

* * * * *

Wyoming

    The regulatory provisions include:
    Wyoming Hazardous Waste Management Rules, as amended effective 
March 18, 2015, Chapter 1, General Provisions: Sections 2(a) and 
(b); 3; 4; 124(a)(v); 260 (except 260(b)(ii)); 261; 262; 263; 264(a) 
through 264(d), 264(e)(i) (except the citation ``W.S. 35-11-1607'' 
and the phrase ``or a signed remedy agreement pursuant to W.S. 35-
11-1607'' in the first sentence), 264(e)(iii)(A) and (B), 264(f) 
through 264(m); 265; 266; 267; 268; 270(a) through 270(m); 273; and 
279.
    Copies of the Wyoming regulations that are incorporated by 
reference are available from Wyoming Secretary of State's Office, 
The Capitol Building, Room B-10, 200 West 24th Street, Cheyenne, 
Wyoming 82002-0020, (Phone: (307) 777-5407).

[FR Doc. 2016-14284 Filed 6-23-16; 8:45 am]
BILLING CODE 6560-50-P
Federal Register / Vol. 81, No. 122 / Friday, June 24, 2016 / Rules and Regulations 41229

although not incorporated by reference, rule also codifies in the regulations the Internet. If you submit an electronic
are referenced as part of the authorized approval of Wyoming’s hazardous waste comment, the EPA recommends that
hazardous waste management program management program and incorporates you include your name and other
under subtitle C of RCRA, 42 U.S.C. by reference authorized provisions of contact information in the body of your
6921 et seq. the State’s regulations. comment and with any disk or CD–ROM
■ 3. Appendix A to Part 272, is DATES: This rule is effective on August you submit. If the EPA cannot read your
amended by revising the listing for 23, 2016 unless the EPA receives comment due to technical difficulties
‘‘South Dakota’’ to read as follows: adverse written comment by July 25, and cannot contact you for clarification,
2016. The incorporation by reference of the EPA may not be able to consider
Appendix A to Part 272–State your comment. Electronic files should
Requirements certain publications listed in the rule is
approved by the Director of the Federal avoid the use of special characters, any
* * * * * Register as of August 23, 2016. If the form of encryption, and be free of any
EPA receives adverse comment, it will defects or viruses.
South Dakota
publish a timely withdrawal of this Docket: All documents in the docket
The regulatory provisions include: are listed in the http://
direct final rule in the Federal Register
Administrative Rules of South Dakota, www.regulations.gov index. Although
Article 74:28, Hazardous Waste, effective and inform the public that this
authorization will not take effect. listed in the index, some information is
October 10, 2013, sections 74:28:21:01, not publicly available, e.g., CBI or other
74:28:21:02, 74:28:21:03, 74:28:22:01, ADDRESSES: Submit your comments,
information whose disclosure is
74:28:23:01, 74:28:24:01, 74:28:25:01 through identified by Docket ID No. EPA–R08–
74:28:25:05, 74:28:26:01, 74:28:27:01, restricted by statute. Certain other
RCRA–2016–0174 by one of the material, such as copyrighted material,
74:28:28:01 through 74:28:28:05, 74:28:29:01, following methods:
74:28:30:01 and 74:28:33:01; Article 74:36, will be publicly available only in hard
1. Federal eRulemaking Portal: http:// copy form. Publicly available docket
Air Pollution Control Program, as of June 25,
2013, section 74:36:11:01. www.regulations.gov. Follow the on-line materials are available either
Copies of the South Dakota regulations that instructions for submitting comments. electronically through http://
are incorporated by reference are available 2. Email: cosentini.christina@epa.gov. www.regulations.gov or in hard copy at:
from South Dakota Legislative Research 3. Fax: (303) 312–6341 (prior to EPA Region 8, from 8 a.m. to 4 p.m.,
Council, 3rd Floor, State Capitol, 500 East faxing, please notify the EPA contact 1595 Wynkoop Street, Denver,
Capitol Avenue, Pierre, South Dakota 57501, listed below).
(Phone: (605) 773–3251). Colorado, contact: Christina Cosentini,
4. Mail, Hand Delivery or Courier:
phone number (303) 312–6231, or the
* * * * * Christina Cosentini, Resource
Wyoming Department of Environmental
[FR Doc. 2016–14298 Filed 6–23–16; 8:45 am] Conservation and Recovery Program,
Quality, from 9 a.m. to 5 p.m., Solid and
BILLING CODE 6560–50–P EPA Region 8, Mailcode 8P–R, 1595
Hazardous Waste Division, 200 W. 17th
Wynkoop Street, Denver, Colorado
St., 2nd Floor, Cheyenne, Wyoming
80202–1129. Courier or hand deliveries
ENVIRONMENTAL PROTECTION 82002. The public is advised to call in
are only accepted during the Regional
AGENCY advance to verify business hours.
Office’s normal hours of operation. The
FOR FURTHER INFORMATION CONTACT:
public is advised to call in advance to
40 CFR Parts 271 and 272 verify business hours. Special Christina Cosentini, Resource
[EPA–R08–RCRA–2016–0174; FRL–9947– arrangements should be made for Conservation and Recovery Program,
06–Region 8] deliveries of boxed information. EPA Region 8, 1595 Wynkoop Street,
Instructions: Direct your comments to Denver, Colorado 80202; phone number
Wyoming: Final Authorization of State Docket ID No. EPA–R08–RCRA–2016– (303) 312–6231; Email address:
Hazardous Waste Management 0174. The EPA’s policy is that all cosentini.christina@epa.gov.
Program Revisions and Incorporation comments received will be included in SUPPLEMENTARY INFORMATION:
by Reference the public docket without change and I. Authorization of Revisions to
AGENCY: Environmental Protection may be available online at http:// Wyoming’s Hazardous Waste Program
Agency (EPA). www.regulations.gov, including any
personal information provided, unless A. Why are revisions to State programs
ACTION: Direct final rule. necessary?
the comment includes information
SUMMARY: The State of Wyoming has claimed to be Confidential Business States which have received final
applied to Environmental Protection Information (CBI) or other information authorization from EPA under RCRA
Agency (EPA) for final authorization of whose disclosure is restricted by statute. section 3006(b), 42 U.S.C. 6926(b), must
the changes to its hazardous waste Do not submit information that you maintain a hazardous waste program
program under the Resource consider to be CBI or otherwise that is equivalent to, consistent with,
Conservation and Recovery Act (RCRA). protected through regulations.gov, or and no less stringent than the Federal
The EPA has determined that these email. The Federal http:// program. As the Federal program
changes satisfy all requirements needed www.regulations.gov Web site is an changes, states must change their
to qualify for final authorization, and is ‘‘anonymous access’’ system, which programs and ask the EPA to authorize
authorizing the State’s changes through means the EPA will not know your the changes. Changes to state programs
this direct final action. The EPA uses identity or contact information unless may be necessary when Federal or state
the regulations entitled ‘‘Approved State you provide it in the body of your statutory or regulatory authority is
sradovich on DSK3GDR082PROD with RULES

Hazardous Waste Management comment. If you send an email modified or when certain other changes
Programs’’ to provide notice of the comment directly to the EPA without occur. Most commonly, states must
authorization status of State programs going through regulations.gov, your change their programs because of
and to incorporate by reference those email address will be automatically changes to EPA’s regulations in 40 Code
provisions of State statutes and captured and included as part of the of Federal Regulations (CFR) parts 124,
regulations that will be subject to the comment that is placed in the public 260 through 268, 270, 273 and 279.
EPA’s inspection and enforcement. This docket and made available on the When states make other changes to their

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41230 Federal Register / Vol. 81, No. 122 / Friday, June 24, 2016 / Rules and Regulations

regulations, it is often appropriate for D. Why is the EPA using a direct final Waste Advisory Board (WWAB) in July
the states to seek authorization for the rule? 2014 and the WWAB recommended that
changes. The EPA is publishing this rule the rules package could move forward to
without a prior proposal because we the Wyoming Environmental Quality
B. What decisions have we made in this Council (EQC) in September 2014. The
rule? view this as a noncontroversial action
and anticipate no adverse comment. State’s new rules were presented to the
We conclude that Wyoming’s However, in the ‘‘Proposed Rules’’ EQC on January 15, 2015, and were
approved unanimously by the EQC on
application to revise its authorized section of this Federal Register, we are
the same day. A total of two public
program meets all of the statutory and publishing a separate document that
notices in June and July 2014 and
regulatory requirements established by will serve as the proposed rule to
October through December 2014 were
RCRA. Therefore, we grant Wyoming authorize the State program changes if
conducted as part of the State rule-
final authorization to operate its adverse comments are received on this
making process. The rules were
hazardous waste program with the direct final rule. We will not institute a
finalized for the purposes of State
changes described in the authorization second comment period on this action.
adoption on March 31, 2015. Wyoming
application. Wyoming has responsibility Any parties interested in commenting
has adopted Federal rules promulgated
for permitting Treatment, Storage, and must do so at this time. For further
through January 31, 2014 (date certain)
Disposal Facilities (TSDFs), and for information about commenting on this in Title 40 of the Code of Federal
carrying out the aspects of the RCRA rule, see the ADDRESSES section of this Regulations (40 CFR), with the
program described in its revised document. exceptions detailed in its Hazardous
program application, subject to the E. What happens if EPA receives Waste Management Rules and
limitations of the Hazardous and Solid comments opposing this action? Consolidated Checklists submitted by
Waste Amendments of 1984 (HSWA), the State as part of its authorization
for all areas within the State, except for If the EPA receives comments that
application package. For detailed
‘‘Indian country’’ as defined in 18 oppose this authorization, we will
information regarding the regulatory
U.S.C. 1151. address all public comments in a later transition, see the Wyoming Department
Federal Register. You will not have of Environmental Quality Hazardous
New Federal requirements and another opportunity to comment,
prohibitions imposed by Federal Waste Program, Program Description for
therefore, if you want to comment on Revision 6 Request for Reauthorization,
regulations that the EPA promulgates this action, you must do so at this time.
under the authority of HSWA take effect dated May 22, 2015, as revised
in authorized states before they are F. For what has Wyoming previously November 24, 2015; specifically,
authorized for the requirements. Thus, been authorized? Attachment D: General Correspondence
Between Previous State Rules, Current
the EPA will implement those Wyoming initially received final
State IBR Rules, and Federal Rules and
requirements and prohibitions in authorization on October 4, 1995,
Attachment E: General Correspondence
Wyoming, including issuing permits, effective October 18, 1995 (60 FR 51925) Between Previous State Rules, Current
until Wyoming is authorized to do so. to implement the RCRA hazardous State IBR Rules and Federal Statutes.
waste management program. We granted As a result of the State’s adoption of
C. What is the effect of this authorization for changes to their
authorization decision? the IBR format, Wyoming is seeking
program on February 25, 1999, effective reauthorization for the hazardous waste
The effect of this decision is that a August 6, 2001 (56 FR 15503); however, regulatory program administered by the
facility in Wyoming subject to RCRA this authorization was subsequently DEQ, as authorized under the Federal
will have to comply with the authorized withdrawn on April 23, 1999 (64 FR Resource Conservation Recovery Act
State requirements instead of the 19925) and re-issued with the initial (RCRA), and addressed in the following
equivalent Federal requirements in effective date of August 6, 2001 (66 FR authorization Federal Register actions:
order to comply with RCRA. Wyoming 40911). 60 FR 51925 (October 4, 1995) and 66
After the 2001 authorization, the State FR 40911 (August 6, 2001). Wyoming is
has enforcement responsibilities under
of Wyoming repealed the existing text of also seeking authorization for the
its State hazardous waste program for
the State’s hazardous waste regulations Federal rule published on February 9,
violations of such program, but the EPA
and replaced it with text that 1995 (60 FR 7824), as amended on April
retains its authority under RCRA
incorporates by reference the Federal 17, 1995 (60 FR 19165) and May 12,
sections 3007, 3008, 3013, and 7003,
regulations in 40 CFR part 124, subparts 1995 (60 FR 25619) [Revision Checklist
which include, among others, authority
A, B, and G, and parts 260 through 268, 140]), and specific Federal rules
to: 270, 273, and 279 in the Wyoming promulgated from March 26, 1996
• Conduct inspections and require Department of Environmental Quality through January 31, 2014. The State
monitoring, tests, analyses, or reports; Hazardous Waste Management Rules, hazardous waste program for which
• Enforce RCRA requirements; Chapter 1, General Provisions, effective authorization is sought does not include
suspend or revoke permits; and, March 18, 2015. a request for authorization on Indian
The incorporation by reference (IBR) lands within the State.
• Take enforcement actions regardless format for the rules allows the State of
of whether Wyoming has taken its own Wyoming to provide a more concise, G. What changes are we authorizing
actions. easy to use set of rules that details the with this action?
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This action does not impose differences between the Federal and Wyoming submitted a final complete
additional requirements on the State rules. The IBR format also shows program revision application on
regulated community because the in detail which Wyoming rules are more February 4, 2016, seeking authorization
regulations for which Wyoming is being stringent than, or broader in scope than, of their changes in accordance with 40
authorized by this direct action are the Federal hazardous waste CFR 271.21. We now make an
already effective under State law and regulations. The new rules were immediate final decision, subject to
are not changed by this action. presented to the Wyoming Water and receipt of written comments that oppose

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this action that Wyoming’s hazardous Federal hazardous waste regulations as Revisions to the Definition of Solid
waste program revision satisfies all of they appear in the 40 CFR, revised as of Waste; Checklist 219); and December 19,
the requirements necessary to qualify January 31, 2014, except for the final 2008 (73 FR 77954, Checklist 221). The
for final authorization. Therefore, we rules published on May 15, 2000 (65 FR State requirements from its Department
grant Wyoming final authorization for 30886; Checklist 186), April 22, 2004 of Environmental Quality Hazardous
the program modifications contained in (69 FR 21737, as amended on October Waste Rules and Regulations (HWRR),
the State’s program revision application, 25, 2004 69 FR 62217; Checklist 204); effective March 18, 2015, are included
which includes State regulatory changes April 4, 2006 (71 FR 16862; Checklist in the chart below.
that are no less stringent than the 213); October 30, 2008 (73 FR 64668;

Description of Federal requirement Analogous state authority 1

1. 40 CFR part 124, subpart A (except Sections 124.1, 124.4, 124.5(c), HWRR, Chapter 1, Sections 2(a) and 124. [More stringent provisions:
124.5(e)–(g), 124.6(c), 124.6(d)(4)(ii)–(v), 124.8(b)(3), 124.8(b)(8), 124(a)(v); 124(b)(i); 124(b)(iii) second sentence; 124(b)(iii)(A)
124.9(b)(6), 124.10(a)(1)(iv)–(v), 124.10(c)(1)(iv)–(viii), through (C); 124(b)(iv); 124(d)(i); 124(d)(ii); and 124(e)(iii)].
124.10(c)(2)(i), 124.10(d)(1)(vii)–(viii), 124.10(d)(2)(iv), 124.12(b),
124.15(b)(2), 124.16, 124.18(b)(5), 124.19, and 124.21); subpart B
(except the fourth sentence of 124.31(a), the third sentence of
124.32(a), and the second sentence of 124.33(a)); and subpart G
(except 124.204(d)(1) and (4), 124.205(a) and (h)).
2. 40 CFR part 260, except for the following provisions: 260.2, 260.10 Wyoming Department of Environmental Quality (WDEQ) Rules of Prac-
(definitions of ‘‘Performance Track member facility’’, ‘‘remediation tice and Procedure, as amended February 14, 1994, Chapter III;
waste management site’’, and the third part of the definition for ‘‘fa- HWRR, Chapter 1, Sections 2(a), 2(b), 3, 4, and 260. [More stringent
cility’’), 260.20(d) and (e), and the October 30, 2008 Definition of provision: 260(b)(ii)].
Solid Waste, (73 FR 62668).
Note:
(1) Section 2 addresses: (a) The date of the Federal regulations that
Wyoming has incorporated by reference; (b) Federal rules explicitly
excluded from the State’s rule; (c) references to the State’s more
stringent and broader in scope provisions; and (d) the availability of
all referenced Federal and Wyoming materials.
(2) Section 3 addresses the substitution of State terms for Federal
terms in order to make the Federal regulations incorporated by ref-
erence specific to Wyoming.
(3) Section 4 addresses Wyoming-specific definitions and provisions
needed to provide additional clarity to the State’s regulations.
3. 40 CFR part 261, except for the following provisions: 261.4(b)(11), HWRR, Chapter 1, Sections 2(a), 3(a)(x), 3(a)(xiii) and 261. [More
261.4(b)(16), 261.4(b)(17), subpart H, Appendix IX, the language ‘‘in stringent provision: 261(a)(iii) and 261(b)].
the Region where the sample is collected’’ in 261.4(e)(3)(iii), and the
changes associated with 73 FR 62668, October 30, 2008 (Definition
of Solid Waste).
4. 40 CFR part 262, except for the following provisions: 262.10(j) and HWRR, Chapter 1, Sections 2(a) and 262. [More stringent provisions:
(k), 262.34(j)–(l), subparts I and J, and the language ‘‘for the Region 262(a)(iii) and 262(a)(v)].
in which the generator is located’’ in 40 CFR 262.42(a)(2) and
262.42(b).
5. 40 CFR part 263, except for the following provision: 263.20(a)(3) HWRR, Chapter 1, Sections 2(a) and 263. [More stringent provisions:
which addresses compliance dates for manifest form revisions for 263(a)(iv)].
dates which have passed.
6. 40 CFR part 264, except for the following provisions: 40 CFR HWRR, Chapter 1, Sections 2(a) and 264(a)–(d); 264(e)(i) (except the
264.1(f), 264.1(g)(12), 264.1(j), 264.15(b)(5), 264.70(b), citation ‘‘ W.S. 35–11–1607 ’’ and the phrase ‘‘or signed remedy
264.73(b)(17), 264.101(d), 264.147(k), 264.149, 264.150, 264.195(e), agreement pursuant to W.S. 35–11–1607 ’’ in the first sentence of
264.301(l), 264.314(e), 264.554(l)(2), 264.1030(d), 264.1050(g), and 264(e)(i); 264(e)(iii)(A) and (B); and 264(f) through 264(m). [More
264.1080(e) through (g). stringent provisions: 264(a)(iv); 264(a)(v); 264(a)(vii); 264(a)(x);
264(a)(xi); 264(h); 264(i); 264(l); and 264(m)]. [Broader-in-scope pro-
visions: 264(e)(i) and (ii)].
7. 40 CFR part 265, except for the following provisions: Subpart R, 40 HWRR, Chapter 1, Sections 2(a) and 265. [More stringent provisions:
CFR 265.1(c)(4), 265.15(b)(5), 265.15(c)(15), 265.70(b), 265.147(k), 265(a)(iv) through (vi); 265(a)(ix); 265(a)(x); 265(e); and 265(f)].
265.149, 265.150, 265.195(d), 265.1030(c), 265.1050(f),
265.1080(e), 265.1080(f), and 265.1080(g).
8. 40 CFR part 266 .................................................................................. HWRR, Chapter 1, Sections 2(a) and 266. [More stringent provisions:
266(b)(i) through (b)(vi); and 266(b)(viii)].
9. 40 CFR part 267, except 267.150 ....................................................... HWRR, Chapter 1, Sections 2(a) and 267. [More stringent provisions:
267(a)(ii); 267(a)(iii); and 267(b)].
10. 40 CFR part 268, except 268.5, 268.6, 268.13, 268.42(b), HWRR, Chapter 1, Sections 2(a) and 268.
268.44(a)–(g), and 268.44(o).
11. 40 CFR part 270 except for the following provisions: 270.1(c)(1)(iii), HWRR, Chapter 1, Sections 2(a), 3(a)(ii), 3(a)(v), 3(a)(vi) through
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270.1(c)(2)(ix), 270.11(d)(2), 270.13(k)(7), 270.14(b)(18), 270.42(l), 3(a)(ix), and 270 (except 270(n). [More stringent provisions:
270.42 (Appendix I, Part A, Entries 9 and 10, and Part O Entry 270(a)(iv); 270(a)(ix); 270(a)(x); 270(a)(xii); 270(a)(xx); 270(b)
(1)(a)–(d)), 270.51, 270.60(a), 270.64, 270.68, 270.73(a), subpart H through (e); 270(h); and 270(j) through (m)]. [Broader-in-scope provi-
(40 CFR 270.79–270.230), 270.260(h), and 270.290(r). sion: 270(n)].
12. 40 CFR part 273 ................................................................................ HWRR, Chapter 1, Sections 2(a) and 273.
13. 40 CFR part 279 ................................................................................ HWRR, Chapter 1, Sections 2(a) and 279.
1 Items described as more stringent or broader-in-scope are discussed in detail in Section H of this rule.

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RCRA, 42 U.S.C. 6927, 6928, 6934 and limited to, RCRA sections 3007, 3008, E. What will be the effect of codification
6973, and any other applicable statutory 3013 and 7003, and other applicable on Federal HSWA requirements?
and regulatory provisions. statutory and regulatory provisions to With respect to any requirement(s)
undertake inspections and enforcement pursuant to HSWA for which the State
B. What decisions have we made in this
actions and to issue orders in all has not yet been authorized, and which
rule?
authorized states. With respect to the EPA has identified as taking effect
In this action, the EPA is finalizing enforcement actions, the EPA will rely
regulatory text that includes immediately in States with authorized
on Federal sanctions, Federal inspection hazardous waste management programs,
incorporation by reference. In authorities, and Federal procedures
accordance with requirements of 1 CFR the EPA will enforce those Federal
rather than the state analogs to these HSWA standards until the State is
51.5, the EPA is finalizing the provisions. Therefore, the EPA is not
incorporation by reference of the authorized for those provisions.
incorporating by reference Wyoming’s The codification does not affect
Wyoming rules described in the inspection and enforcement authorities
amendments to 40 CFR part 272 set Federal HSWA requirements for which
nor are those authorities part of the State is not authorized. The EPA has
forth below. The EPA has made, and Wyoming’s approved State program
will continue to make, these documents authority to implement HSWA
which operates in lieu of the Federal requirements in all states, including
available electronically through http:// program. 40 CFR 272.2551(c)(2) lists
www.regulations.gov and in hard copy states with authorized hazardous waste
these authorities for informational management programs, until the states
at the appropriate EPA office (see the purposes, and because the EPA also
ADDRESSES section of this preamble for become authorized for such
considered them in determining the requirements or prohibitions, unless the
more information). adequacy of Wyoming’s procedural and
The purpose of this Federal Register EPA has identified the HSWA
enforcement authorities. Wyoming’s requirement(s) as an optional or as a less
document is to codify the EPA’s
authority to inspect and enforce the stringent requirement of the Federal
authorization of Wyoming’s base
State’s hazardous waste management program. A HSWA requirement or
hazardous waste management program
program requirements continues to prohibition, unless identified by the
and its revisions to that program. The
operate independently under State law. EPA as optional or as less stringent,
codification reflects the State program
that would be in effect at the time the D. What state provisions are not part of supersedes any less stringent or
EPA’s authorized revisions to the the codification? inconsistent state provision which may
Wyoming hazardous waste management have been previously authorized by EPA
The public is reminded that some (50 FR 28702, July 15, 1985).
program addressed in this direct final
provisions of Wyoming’s hazardous Some existing state requirements may
rule become final. This action does not
waste management program are not part be similar to the HSWA requirements
reopen any decision the EPA previously
of the federally authorized State implemented by the EPA. However,
made concerning the authorization of
program. These non-authorized until the EPA authorizes those state
the State’s hazardous waste
provisions include: requirements, the EPA enforces the
management program. The EPA is not
(1) Provisions that are not part of the HSWA requirements and not the state
requesting comments on its decisions
RCRA subtitle C program because they analogs.
published in the Federal Register
are ‘‘broader-in-scope’’ than RCRA
documents referenced in Section I.F of IV. Administrative Requirements
subtitle C (see 40 CFR 271.1(i));
this preamble concerning revisions to
the authorized program in Wyoming. (2) Federal rules for which Wyoming The Office of Management and Budget
The EPA is incorporating by reference was previously authorized but which (OMB) has exempted this action from
the EPA’s approval of Wyoming’s were later vacated by the U.S. Court of the requirements of Executive Orders
hazardous waste management program Appeals for the District of Columbia 12866 (58 FR 51735, October 4, 1993)
by adding subpart ZZ to 40 CFR part Circuit (D.C. Cir. No. 98–1379 and 08– and 13563 (76 FR 3821, January 21,
272. Section 272.2551 incorporates by 1144; June 27, 2014). See 80 FR 18777 2011). Therefore this action is not
reference Wyoming’s authorized (April 8, 2015). subject to review by OMB. This action
hazardous waste regulations, as (3) State procedural and enforcement authorizes and codifies State
amended effective March 18, 2015. authorities which are necessary to requirements for the purpose of RCRA
Section 272.2551 also references the establish the ability of the State’s 3006 and imposes no additional
demonstration of adequate enforcement program to enforce compliance but requirements beyond those imposed by
authority, including procedural and which do not supplant the Federal State law. Accordingly, I certify that this
enforcement provisions, which provide statutory enforcement and procedural action will not have a significant
the legal basis for the State’s authorities. economic impact on a substantial
implementation of the hazardous waste State provisions that are ‘‘broader-in- number of small entities under the
management program. In addition, scope’’ than the Federal program are not Regulatory Flexibility Act (5 U.S.C. 601
section 272.2551 references the incorporated by reference in 40 CFR et seq.). Because this action authorizes
Memorandum of Agreement, the part 272. For reference and clarity, the and codifies pre-existing requirements
Attorney General’s Statements and the EPA lists in 40 CFR 272.2551(c)(3) the under State law and does not impose
Program Description, which are Wyoming regulatory and statutory any additional enforceable duty beyond
evaluated as part of the approval provisions which are ‘‘broader in scope’’ that required by State law, it does not
process of the hazardous waste than the Federal program and which are contain any unfunded mandate or
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management program in accordance not part of the authorized program being significantly or uniquely affect small
with Subtitle C of RCRA. incorporated by reference. While governments, as described in the
‘‘broader in scope’’ provisions are not Unfunded Mandates Reform Act of 1995
C. What is the effect of Wyoming’s part of the authorized program and (Pub. L. 104–4). For the same reason,
codification on enforcement? cannot be enforced by the EPA, the State this action also does not significantly or
The EPA retains the authority under may enforce such provisions under uniquely affect the communities of
statutory provisions, including but not State law. Tribal governments, as specified by

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Executive Order 13175 (65 FR 67249, practicable and permitted by law, to EPA is granting final authorization
November 9, 2000). This action will not make environmental justice part of their under 40 CFR part 271 to the State of
have substantial direct effects on the mission by identifying and addressing, Wyoming for revisions to its hazardous
States, on the relationship between the as appropriate, disproportionately high waste program under the Resource
national government and the States, or and adverse human health or Conservation and Recovery Act and is
on the distribution of power and environmental effects of their programs, amending 40 CFR part 272 as follows:
responsibilities among the various policies, and activities on minority
levels of government, as specified in populations and low-income PART 272—APPROVED STATE
Executive Order 13132 (64 FR 43255, populations in the United States. HAZARDOUS WASTE MANAGEMENT
August 10, 1999), because it merely Because this rule authorizes pre-existing PROGRAMS
authorizes and codifies State State rules which are at least equivalent
to, and no less stringent than existing ■ 1. The authority citation for part 272
requirements as part of the State RCRA
Federal requirements, and imposes no continues to read as follows:
hazardous waste program without
altering the relationship or the additional requirements beyond those Authority: Secs. 2002(a), 3006, and 7004(b)
distribution of power and imposed by State law, and there are no of the Solid Waste Disposal Act, as amended
responsibilities established by RCRA. anticipated significant adverse human by the Resource Conservation and Recovery
health or environmental effects, the rule Act of 1976, as amended, 42 U.S.C. 6912(a),
This action also is not subject to 6926, and 6974(b).
Executive Order 13045 (62 FR 19885, is not subject to Executive Order 12898.
April 23, 1997), because it is not The Congressional Review Act, 5 ■ 2. Amend subpart ZZ by adding
economically significant and it does not U.S.C. 801 et seq., as added by the Small § 272.2551 to read as follows:
make decisions based on environmental Business Regulatory Enforcement
Fairness Act of 1996, generally provides § 272.2551 Wyoming State-administered
health or safety risks. This rule is not program: Final authorization.
subject to Executive Order 13211, that before a rule may take effect, the
agency promulgating the rule must (a) Pursuant to section 3006(b) of
‘‘Actions Concerning Regulations That RCRA, 42 U.S.C. 6926(b), Wyoming has
Significantly Affect Energy Supply, submit a rule report, which includes a
copy of the rule, to each House of the final authorization for the following
Distribution, or Use’’ (66 FR 28355, May elements as submitted to the EPA in
22, 2001), because it is not a significant Congress and to the Comptroller General
of the United States. The EPA will Wyoming’s base program application for
regulatory action under Executive Order final authorization which was approved
12866. submit a report containing this
document and other required by the EPA effective on October 18,
Under RCRA 3006(b), the EPA grants information to the U.S. Senate, the U.S. 1995. Subsequent program revision
a State’s application for authorization as House of Representatives, and the applications were approved effective on
long as the State meets the criteria Comptroller General of the United August 6, 2001 and August 23, 2016.
required by RCRA. It would thus be States prior to publication in the (b) The State of Wyoming has primary
inconsistent with applicable law for the Federal Register. A major rule cannot responsibility for enforcing its
EPA, when it reviews a State take effect until 60 days after it is hazardous waste management program.
authorization application, to require the published in the Federal Register. This However, the EPA retains the authority
use of any particular voluntary action is not a ‘‘major rule’’ as defined to exercise its inspection and
consensus standard in place of another by 5 U.S.C. 804(2). This action will be enforcement authorities in accordance
standard that otherwise satisfies the effective August 23, 2016. with sections 3007, 3008, 3013, 7003 of
requirements of RCRA. Thus, the RCRA, 42 U.S.C. 6927, 6928, 6934,
requirements of section 12(d) of the List of Subjects 6973, and any other applicable statutory
National Technology Transfer and 40 CFR Part 271 and regulatory provisions, regardless of
Advancement Act of 1995 (15 U.S.C. whether the State has taken its own
272 note) do not apply. As required by Environmental protection,
actions, as well as in accordance with
section 3 of Executive Order 12988 (61 Administrative practice and procedure,
other statutory and regulatory
FR 4729, February 7, 1996), in issuing Confidential business information,
provisions.
this rule, the EPA has taken the Hazardous waste, Hazardous waste (c) State statutes and regulations. (1)
necessary steps to eliminate drafting transportation, Indian lands, The Wyoming regulations cited in
errors and ambiguity, minimize Intergovernmental relations, Penalties, paragraph (c)(1)(i) of this section are
potential litigation, and provide a clear Reporting and recordkeeping incorporated by reference as part of the
legal standard for affected conduct. The requirements. hazardous waste management program
EPA has complied with Executive Order 40 CFR Part 272 under Subtitle C of RCRA, 42 U.S.C.
12630 (53 FR 8859, March 15, 1988) by Environmental protection, Hazardous 6921 et seq. This incorporation by
examining the takings implications of materials transportation, Hazardous reference is approved by the Director of
the rule in accordance with the waste, Incorporation by reference, the Federal Register in accordance with
‘‘Attorney General’s Supplemental Intergovernmental relations, Water 5 U.S.C. 552(a) and 1 CFR part 51. You
Guidelines for the Evaluation of Risk pollution control, Water supply. may obtain copies of the Wyoming
and Avoidance of Unanticipated regulations that are incorporated by
Takings’’ issued under the executive Authority: This rule is issued under the reference in this paragraph from
authority of Sections 2002(a), 3006 and
order. This rule does not impose an Wyoming Secretary of State’s Office,
7004(b) of the Solid Waste Disposal Act as
information collection burden under the amended, 42 U.S.C. 6912(a), 6926, 6974(b). The Capitol Building, Room B–10, 200
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provisions of the Paperwork Reduction West 24th Street, Cheyenne, Wyoming
Act of 1995 (44 U.S.C. 3501 et seq.). Dated: May 11, 2016. 82002–0020, (Phone: 307–777–5407).
Executive Order 12898 (59 FR 7629, Shaun L. McGrath, You may inspect a copy at the EPA
Feb. 16, 1994) establishes Federal Regional Administrator, Region 8. Region 8, 1595 Wynkoop Street, Denver,
executive policy on environmental For the reasons set forth in the Colorado, phone number (303) 312–
justice. Its main provision directs preamble, under the authority at 42 6231, or at the National Archives and
Federal agencies, to the greatest extent U.S.C. 6912(a), 6926, and 6974(b), the Records Administration (NARA). For

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information on the availability of this Industrial Development and Siting, Authorization’’, signed by the Attorney
material at NARA, call (202) 741–6030, sections 35–12–101, et seq. General of Wyoming on July 14, 1995,
or go to: http://www.archives.gov/ (ii) Wyoming Hazardous Waste and revisions, supplements and
federal-register/cfr/ibr-locations.html. Management Rules, Chapter 1, General addenda to that Statement dated
(i) The Binder entitled ‘‘EPA- Provisions: Sections 264(e)(i) [with December 9, 1997 and May 11, 2015,
Approved Wyoming Regulatory respect to the Wyoming Voluntary although not incorporated by reference,
Requirements Applicable to the Remediation Program only]; 264(e)(ii); are referenced as part of the authorized
Hazardous Waste Management and 270(n). hazardous waste management program
Program’’, dated March, 2016. (iii) [Reserved] under subtitle C of RCRA, 42 U.S.C.
(ii) [Reserved] (4) Unauthorized state amendments. 6921 et seq.
(2) The EPA considered the following (i) Wyoming has adopted but is not (7) Program Description. The Program
statutes and regulations in evaluating authorized for the following Federal Description and any other materials
the State program but is not final rules: submitted as supplements thereto,
incorporating them herein for (A) Imports and Exports of Hazardous although not incorporated by reference,
enforcement purposes: Waste: Implementation of OECD are referenced as part of the authorized
(i) Wyoming Statutes Annotated Council Division [61 FR 16290, hazardous waste management program
(W.S.), as amended, 2015 Edition, Title 04/12/96] (HSWA—Not delegable to under subtitle C of RCRA, 42 U.S.C.
16, City, County, State, and Local States); 6921 et seq.
Powers: Chapter 1, Intergovernmental (B) Hazardous Waste Combustors;
■ 3. Appendix A to part 272 is amended
Cooperation, section 16–1–101; Chapter Revised Standards [63 FR 33782,
by adding the listing for ‘‘Wyoming’’ to
3, Administrative Procedure, sections 6/19/98] (Non-HSWA—Vacated by the
read as follows:
16–3–101(b)(vi), 16–3–103(h), 16–3– U.S. Court of Appeals for the District of
107(k); Chapter 4, Uniform Municipal Columbia Circuit (D.C. Cir. No. 98–1379 Appendix A to Part 272—State
Fiscal Procedures, Public Records, and 08–1144; June 27, 2014); Requirements
Documents and Meetings, sections 16– (C) Exclusion of Oil-Bearing
* * * * *
4–201, 16–4–203(d)(i), 16–4–203(d)(v). Secondary Materials Processed in a
(ii) W.S., as amended, 2015 Edition, Gasification System to Produce Wyoming
Title 35, Public Health and Safety: Synthesis Gas [73 FR 52, 1/2/08] (Non- The regulatory provisions include:
Chapter 11, Environmental Quality, HSWA—Vacated by the U.S. Court of Wyoming Hazardous Waste Management
Article 1, General Provisions, sections Appeals for the District of Columbia Rules, as amended effective March 18, 2015,
Chapter 1, General Provisions: Sections 2(a)
35–11–102, 35–11–103(a), 35–11– Circuit (D.C. Cir. No. 98–1379 and 08–
and (b); 3; 4; 124(a)(v); 260 (except 260(b)(ii));
103(d)(i), 35–11–103(d)(ii), 35– 1144; June 27, 2014); 261; 262; 263; 264(a) through 264(d), 264(e)(i)
103(d)(vii), 35–11–104 through 35–11– (D) OECD Requirements; Export (except the citation ‘‘W.S. 35–11–1607’’ and
106, 35–11–108 through 35–11–115; Shipments of Spent Lead Acid Batteries the phrase ‘‘or a signed remedy agreement
Article 5, Solid Waste Management, [75 FR 1236, 1/8/10] (Non-HSWA—Not pursuant to W.S. 35–11–1607’’ in the first
sections 35–11–501 through 35–11–503 delegable to States); sentence), 264(e)(iii)(A) and (B), 264(f)
(except 35–11–503(b) and (c)), 35–11– (E) Withdrawal of the Emission through 264(m); 265; 266; 267; 268; 270(a)
504 through 35–11–506, 35–11–508, 35– Comparable Fuel Exclusion [75 FR through 270(m); 273; and 279.
11–509, 35–11–514, 35–11–516, 35–11– 33712, 6/15/10] (Non-HSWA—Vacated Copies of the Wyoming regulations that are
by the U.S. Court of Appeals for the incorporated by reference are available from
518 through 35–11–520; Article 9, Wyoming Secretary of State’s Office, The
Penalties, sections 35–11–901(a), (j), and District of Columbia Circuit (D.C. Cir.
Capitol Building, Room B–10, 200 West 24th
(k); Article 11, Miscellaneous No. 98–1379 and 08–1144; June 27, Street, Cheyenne, Wyoming 82002–0020,
Provisions, sections 35–11–1101, 35– 2014); and (Phone: (307) 777–5407).
11–1105(d), 35–11–1106(a)(iv); Article (F) Revisions to the Definition of
[FR Doc. 2016–14284 Filed 6–23–16; 8:45 am]
16, Voluntary Remediation of Solid Waste [73 FR 64668, 10/30/08].
(ii) Those Federal rules written under BILLING CODE 6560–50–P
Contaminated Sites, section 35–11–
1607(e). RCRA provisions that predate HSWA
(iii) Wyoming Rules of Civil (non-HSWA) which the State has
ENVIRONMENTAL PROTECTION
Procedure, as amended, Rule 24. adopted, but for which it is not
AGENCY
(iv) Wyoming Hazardous Waste authorized, are not federally
Management Rules, Chapter 1, General enforceable. In contrast, the EPA will 48 CFR Parts 1536 and 1537
Provisions: Sections 1(a) through (d); continue to enforce the Federal HSWA
2(c) and (d); 124 (except 124(a)(v)); standards for which Wyoming is not [EPA–HQ–OARM–2013–0370; FRL–9946–
authorized until the State receives 78–OARM]
260(b)(ii); and 270(o) through 270(q).
(v) Wyoming Department of specific authorization from EPA.
Acquistion Regulation: Update to
Environmental Quality, Rules of (5) Memorandum of Agreement. The
Construction and Architect-Engineer
Practice and Procedure, as amended Memorandum of Agreement between
and Key Personnel Requirements
February 14, 1994, Chapter III. the EPA, Region 8 and the State of
(3) The following statutory provisions Wyoming, signed by the State of AGENCY: Environmental Protection
are broader in scope than the Federal Wyoming Department of Environmental Agency (EPA).
program, are not part of the authorized Quality on July 19, 2012, and by the ACTION: Final rule.
program, are not incorporated by EPA Regional Administrator on July 27,
sradovich on DSK3GDR082PROD with RULES

reference and are not federally 2012, although not incorporated by SUMMARY: The Environmental Protection
enforceable: reference, is referenced as part of the Agency (EPA) is issuing a final rule
(i) W.S., as amended, 2015 Edition, authorized hazardous waste amending the EPA Acquisition
Title 35, Public Health and Safety: management program under subtitle C Regulation (EPAAR) to remove the
Chapter 11, Environmental Quality, of RCRA, 42 U.S.C. 6921 et seq. evaluation of contracting performance
Article 5, Solid Waste Management, (6) Statement of legal authority. and to incorporate flexibility to identify
section 35–11–517; Chapter 12, ‘‘Attorney General’s Statement for Final the required number of days of key

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Document Created: 2016-06-24 00:53:08
Document Modified: 2016-06-24 00:53:08
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Direct final rule.
Dates		This rule is effective on August 23, 2016 unless the EPA receives adverse written comment by July 25, 2016. The incorporation by reference of certain publications listed in the rule is approved by the Director of the Federal Register as of August 23, 2016. If the EPA receives adverse comment, it will publish a timely withdrawal of this direct final rule in the Federal Register and inform the public that this authorization will not take effect.
Contact		Christina Cosentini, Resource Conservation and Recovery Program, EPA Region 8, 1595 Wynkoop Street,
FR Citation		81 FR 41229
CFR Citation		40 CFR 271 40 CFR 272
CFR Associated		Environmental Protection; Administrative Practice and Procedure; Confidential Business Information; Hazardous Waste; Hazardous Waste Transportation; Indian Lands; Intergovernmental Relations; Penalties; Reporting and Recordkeeping Requirements; Hazardous Materials Transportation; Incorporation by Reference; Water Pollution Control and Water Supply