Rule2023-20523
Wyoming: Final Authorization of State Hazardous Waste Management Program Revisions and Incorporation by Reference
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 25, 2023
Effective
November 24, 2023
Issuing agencies
Environmental Protection Agency
Abstract
The State of Wyoming Department of Environmental Quality has applied to the 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.
Full Text
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<title>Federal Register, Volume 88 Issue 184 (Monday, September 25, 2023)</title>
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[Federal Register Volume 88, Number 184 (Monday, September 25, 2023)]
[Rules and Regulations]
[Pages 65621-65626]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-20523]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 271 and 272
[EPA-R08-RCRA-2023-0034; FRL 10614-02-R8]
Wyoming: Final Authorization of State Hazardous Waste Management
Program Revisions and Incorporation by Reference
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The State of Wyoming Department of Environmental Quality has
applied to the 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 direct final rule is effective on November 24, 2023 unless
the EPA receives adverse written comment by October 25, 2023. If the
EPA receives any such comment, we will publish a timely withdrawal of
this direct final rule in the Federal Register informing the public
that the rule will not take effect. The Director of the Federal
Register approves the incorporation by reference as of November 24,
2023, in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
RCRA-2023-0034; FRL 10614-02-R8 by one of the following methods:
1. Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow
the online instructions for submitting comments.
2. Email: <a href="/cdn-cgi/l/email-protection#e18d888fcf8c8e9884a1849180cf868e97"><span class="__cf_email__" data-cfemail="9af6f3f4b4f7f5e3ffdaffeafbb4fdf5ec">[email protected]</span></a>.
3. Fax: (303) 312-6341 (prior to faxing, please notify the EPA
contact listed below).
4. Mail, Hand Delivery or Courier: Moye Lin, Resource Conservation
and Recovery Branch, EPA Region 8, Mailcode 8LCR-RC, 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: The EPA must receive your comments by October 25,
2023. Direct your comments to EPA-R08-RCRA-2023-0034; FRL 10614-02-R8.
The EPA's policy is that all comments received will be included in the
public docket without change and may be available online at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 <a href="https://regulations.gov">https://regulations.gov</a>, or
email. The Federal <a href="https://www.regulations.gov">https://www.regulations.gov</a> website 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 with any
CD 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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.
Publicly available docket materials are available electronically
through <a href="https://www.regulations.gov">https://www.regulations.gov</a>. For alternative access to docket
materials, please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: Moye Lin, Resource Conservation and
Recovery Branch, EPA Region 8, 1595 Wynkoop Street, Denver, Colorado
80202-1129; phone number (303) 312-6667; Email address:
<a href="/cdn-cgi/l/email-protection#24484d4a0a494b5d41644154450a434b52"><span class="__cf_email__" data-cfemail="9ef2f7f0b0f3f1e7fbdefbeeffb0f9f1e8">[email protected]</span></a>.
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 the EPA under
RCRA section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous
waste program that is equivalent to, consistent with, and no less
stringent than the Federal program. As the Federal program changes,
States must change their programs and ask the EPA to authorize the
changes. Changes to State programs may be necessary when Federal or
State statutory or regulatory authority is modified or when certain
other changes occur. Most commonly, States must change their programs
because of changes to the EPA's regulations in 40 Code of Federal
Regulations (CFR) parts 124, 260 through 268, 270, 273 and 279.
B. What authorization decisions has the EPA made in this rule?
On June 17, 2022, Wyoming submitted a program revision application
seeking authorization of changes to its hazardous waste program. The
EPA concludes that Wyoming's applications to revise its authorized
program meet 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 (1) lands located within formal Indian Reservations within or
abutting the State of Wyoming, including Wind River Indian Reservation,
(2) any land held in trust by the United States for an Indian tribe,
(3) and any other land,
[[Page 65622]]
whether on or off a reservation that qualifies as ``Indian country''
within the meaning of 18 U.S.C. 1151. New Federal requirements and
prohibitions imposed by Federal regulations that 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 today's 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. The State of Wyoming will continue to have 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:
<bullet> Conduct inspections and require monitoring, tests,
analyses, or reports;
<bullet> Enforce RCRA requirements; suspend or revoke permits; and
<bullet> Take enforcement actions after notice to and consultation
with the State.
This action to approve these provisions would not impose additional
requirements on the regulated community because the regulations for
which the State of Wyoming is requesting authorization are already
effective under State law and are not changed by the act of
authorization.
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 issue of
the Federal Register, we are publishing a separate document that will
serve as the proposed rule allowing the public an opportunity to
comment. 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 the EPA receives comments opposing this action?
If the EPA receives comments that oppose this authorization, we
will publish a timely withdrawal in the Federal Register informing the
public that this direct final rule will not take effect. We will
address all public comments in a later Federal Register document. 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). Most recently,
the EPA granted authorization for changes to Wyoming's program on June
24, 2016, effective August 23, 2016 (81 FR 41229).
G. What changes is the EPA authorizing with this action?
On June 17, 2022, the State of Wyoming submitted a program revision
application seeking authorization of their changes in accordance with
40 CFR 271.21. We now make a final decision, subject to receipt of
written comments that oppose this action, that Wyoming's hazardous
waste program satisfies all of the requirements necessary to qualify
for final authorization. Therefore, we grant Wyoming final
authorization for the following changes:
1. Program Revision Changes for Federal Rules
The State of Wyoming revisions consist of regulations which
specifically govern Federal hazardous waste revisions promulgated
between February 7, 2014, and July 7, 2020, Revision Checklists 231
through 243, (RCRA Clusters XXIII through XXIX). The State requirements
from its Hazardous Waste Rules and Regulations, Chapter 1, General
Provisions, Sections 1 through 279 are listed in the chart below.
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Description of federal Federal Register Analogous State
requirement date and page authority
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Hazardous Waste Electronic 79 FR 7518; 02/07/ HWRR, Chapter 1,
Manifest Rule (Checklist 231). 14. Sections 3(a)(vii),
260(a) intro., 262
intro., 263 intro.,
263(b), 264(a)
intro., 264(a)(vi),
and 265(a) intro.
Revisions to the Export 79 FR 36220; 6/26/ HWRR, Chapter 1,
Provisions of the Cathode Ray 14. Sections 260(a)
Tube (CRT) Rule (Checklist intro., 261(a)
232). intro., and
261(a)(ii) and
(iii).
[More stringent
provision:
261(a)(iii)]
Revisions to the Definition of 80 FR 1694-1814; HWRR, Chapter 1,
Solid Waste (Checklists 233A, 01/13/15. Sections 260(a)
B, C, D2, and E). 83 FR 24664- intro., 261(a)
24671; 05/30/18. intro., 261(b)(i)
and (ii), and 270(a)
intro.
[More stringent
provision: 261(b)]
Response to Vacaturs of the 80 FR 18777; 4/8/ HWRR, Chapter 1,
Comparable Fuels Rule and the 15. Section 2(b) and
Gasification Rule (Checklist 261(a) intro.
234).
Disposal of Coal Combustion 80 FR 21302; 4/17/ HWRR, Chapter 1,
Residuals from Electric 15. Section 261(a)
Utilities (Checklist 235). intro.
Imports and Exports of 81 FR 85696; 11/ HWRR, Chapter 1,
Hazardous Waste (Checklist 28/16. Sections 3(a)(vii),
236). 82 FR 41015; 8/29/ 260(a) intro.,
17. 261(a) intro.,
83 FR 38263; 8/6/ 261(a)(ii), 262
18. intro., 263 intro.,
263(a), 263(b),
263(a)(iii) in 3/18/
15 regs. [Removed],
264(a) intro.,
264(a)(ii),
264(a)(vi), 265(a)
intro., 265(a)(iii),
265(a)(iv), 266(a)
intro., 267 intro.,
and 273(a) intro.
[More stringent
provision: 262(d)]
[[Page 65623]]
Hazardous Waste Generator 81 FR 85732; 11/ HWRR, Chapter 1,
Improvements Rule (Checklist 28/16. Sections 3(f),
237). 260(a) intro.,
261(a) intro.,
261(a)(iv) in 3/18/
15 regs. [Removed],
262 intro.,
262(a)(i) in 3/18/15
regs. [Removed],
262(a)(vi) in 3/18/
15 regs. [Removed],
262(b), 262(c),
262(e), 262(f), 263
intro., 264(a)
intro., 265(a)
intro., 266(a)
intro., 267 intro.,
268 intro., 270(a)
intro., 273(a)
intro., and 279
intro.
[More stringent
provision: 3(f),
262(f), 264(a)
intro.]
Confidentiality Determinations 83 FR 60894; 12/ HWRR, Chapter 1,
for Hazardous Waste Export 26/17. Sections 3(a)(vii),
and Import Documents 260(a) intro. and
(Checklist 238). 261(a) intro.,
261(a)(ii)
Hazardous Waste Electronic 83 FR 420; 01/03/ HWRR, Chapter 1,
Manifest User Fee Rule 18. Sections 3(a)(vii),
(Checklist 239). 260(a) intro. 262
intro., 262(a)(iii),
263 intro., 263(a),
264(a) intro., and
265(a) intro.
[More stringent
provision: 262(d)]
Safe Management of Recalled 83 FR 61552; 11/ HWRR, Chapter 1,
Airbags (Checklist 240). 30/18. Sections 260(a)
intro., 261(a)
intro., and 262
intro.
Management Standards for 84 FR 5816; 02/22/ HWRR, Chapter 1,
Hazardous Waste 19. Sections 261(a)
Pharmaceuticals and Amendment intro., 262 intro.,
to the P075 Listing for 264(a) intro.,
Nicotine (Checklist 241). 265(a) intro.,
266(a) intro., 268
intro., 270(a)
intro., and 273(a)
intro.
Universal Waste Regulations; 84 FR 67202; 12/9/ HWRR, Chapter 1,
Addition of Aerosol Cans 19. Sections 260(a)
Checklist 242). intro., 261(a)
intro., 264(a)
intro., 265(a)
intro., 268 intro.,
270(a) intro., and
273(a) intro.
Modernizing Ignitable Liquids 85 FR 40594; 07/7/ HWRR, Chapter 1,
Determinations (Checklist 20. Sections 260(a)
243). intro. and 261(a)
intro.
------------------------------------------------------------------------
2. State-Initiated Changes
Wyoming has made amendments to its regulations that are not
directly related to any of the Federal rules addressed in Item G.1
above. These State-initiated changes are either conforming changes made
to existing authorized provisions, or the adoption of provisions that
clarify and make the State's regulations internally consistent. The
State's regulations, as amended by these provisions, provide authority
which remains equivalent to and no less stringent than the Federal laws
and regulations. These State-initiated changes are submitted under the
requirements of 40 CFR 271.21(a) and include the following provisions
from the Hazardous Waste Rules and Regulations (HWRR), Chapter 1, as
amended, effective April 7, 2022: HWRR 2(c), 3(b) ``Administrator'' or
``Regional Administrator'', 3(c) ``Board'' or ``Environmental Appeals
Board'', 3(g) ``Qualified Professional Geologist'', 3(h) ``RCRA'', 3(k)
``United States'' or ``U.S.'', 4(a) ``Air contaminant'', 4(b) ``Air
pollution'', 4(u) ``One excess cancer per million people'', 4(v)
``Potentially exposed populations'', 4(z) ``Waste material'',
260(a)(i), 260(a)(ii), 264(a)(iv), 264(d)(iii) introductory paragraph,
264(h)(i) introductory paragraph, (A) and (B), 264(i)(viii), 264(j),
265(b), 266(b)(iv), 267(a), 270(a)(iv), and 270(a)(xviii).
H. Where are the revised State rules different from the Federal rules?
The Wyoming revisions being authorized in this rule include
provisions that contain purely Federal functions which are not
delegable to States. The non-delegable Federal program areas include
import/export requirements reserved as part of the Federal foreign
relations function, and manifest registry and electronic manifest
functions administered solely by the EPA. Wyoming has appropriately
adopted these provisions by leaving the authority with the EPA for
implementation and enforcement.
When revised State rules differ from the Federal rules in the RCRA
State authorization process, the EPA determines whether the State rules
are equivalent to, more stringent than, or broader in scope than the
Federal program. Pursuant to RCRA section 3009, 42 U.S.C. 6929, State
programs may contain requirements that are more stringent than the
Federal regulations. Such more stringent requirements can be federally
authorized and, once authorized, become federally enforceable. Although
the statute does not prevent States from adopting regulations that are
broader in scope than the Federal program, States cannot receive
Federal authorization for such regulations, and they are not federally
enforceable.
We consider the following State requirements to be more stringent
than the Federal requirements: HWRR, Chapter 1, Sections 3(f), 3(g),
261(a)(iii), 261(b), 262(d), and 262(f), for the following reasons.
At Sections 3(f) and 3(g), 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.
At 261(a)(iii), 262(a)(v), 262(d), and 262(f), 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.
The State did not make any changes that are broader-in-scope than
the Federal rules in this rulemaking. In addition, Wyoming did not
change any previously more stringent or broader-in-scope provisions to
be equivalent to the Federal rules.
I. Who handles permits after the authorization takes effect?
The State of Wyoming will continue to 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 we issued prior to the effective
date of this authorization, until Wyoming has equivalent instruments in
place. The EPA will implement and issue permits for HSWA requirements
for which Wyoming is not yet authorized.
J. How does today's action affect Indian Country (18 U.S.C.1151) in
Wyoming?
Wyoming is not authorized to carry out its hazardous waste program
in Indian country, as defined in 18 U.S.C. 1151. This includes, but is
not limited to:
1. Lands within the exterior boundaries of the following Indian
[[Page 65624]]
Reservations located within or abutting the State of Wyoming:
a. Wind River Indian Reservation
2. Any land held in trust by the U.S. for an Indian tribe; and
3. Any other land, whether on or off a reservation that qualifies
as Indian country within the meaning of 18 U.S.C. 1151.
Therefore, this program revision does not extend to Indian country
where the EPA will continue to implement and administer the RCRA
program.
II. Incorporation by Reference
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 EPA is incorporating by
reference EPA's approval of Wyoming's hazardous waste management
program by amending Subpart ZZ to 40 CFR part 272. The action amends
Sec. 272.2551 and incorporates by reference Wyoming's authorized
hazardous waste regulations, as amended effective April 7, 2022. The
State regulations authorized by EPA supplant the Federal regulations
concerning the same matter with the result that after authorization EPA
enforces the authorized regulations as described in paragraphs I. and
II in this Supplementary Information. The EPA has made these documents
available electronically through <a href="https://www.regulations.gov">https://www.regulations.gov</a> and will
continue to make these documents available. For alternative access to
docket materials, please contact the person identified in the ADDRESSES
section of this preamble.
III. 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 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, February 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 November 24, 2023.
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
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).
[[Page 65625]]
Dated: August 31, 2023.
KC Becker,
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 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. Revise Sec. 272.2551 to read as follows:
Sec. 272.2551 Wyoming State-Administered Program: Final
Authorization.
(a) History of the State of Wyoming authorization. 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, August
23, 2016, and November 24, 2023.
(b) Enforcement authority. 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) Incorporation by reference.
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. The Director
of the Federal Register approves this incorporation by reference in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. For the availability
of this information at the National Archives and Records Administration
(NARA) and at the EPA, see Sec. 272.2. You may access copies of the
Wyoming regulations that are incorporated by reference in this
paragraph from the Wyoming Secretary of State's Office, Herschler
Building East, 122 West 25th Street, Suite 100, Cheyenne, WY 82002-
0020, (Phone: (307) 777-5847; website: <a href="https://rules.wyo.gov/">https://rules.wyo.gov/</a>).
(i) ``EPA-Approved Wyoming Regulatory Requirements Applicable to
the Hazardous Waste Management Program,'' dated December 2022.
(ii) [Reserved]
(2) Legal basis. The following provisions provide the legal basis
for the State's implementation of the hazardous waste program, but they
are not being incorporated by reference and do not replace Federal
authorities:
(i) Wyoming Statutes Annotated (W.S.), as amended, 2021 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 through 16-4-205.
(ii) W.S., as amended, 2021 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 Rules and Regulations, Chapter 1,
General Provisions: sections 1(a) through (c); 2(a) (except (a)(1)),
(d) and (e); 124 (except 124(g)(v)); 260(b)(ii); and 270(m) through
270(o).
(v) Wyoming Department of Environmental Quality, Rules of Practice
and Procedure, as amended February 14, 1994, Chapter III.
(3) Related legal provisions. The following statutory and
regulatory 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, 2021 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 Solid and Hazardous Waste Management Rules, Chapter 1,
General Provisions: sections 264(d)(i) [with respect to the Wyoming
Voluntary Remediation Program only]; 264(d)(ii); and 270(l).
(iii) [Reserved]
(4) Unauthorized State Amendments. Wyoming has adopted but is not
authorized for the following Federal final rules:
(i) Imports and Exports of Hazardous Waste: Implementation of OECD
Council Division (61 FR 16290, April 12, 1996) (HSWA--Not delegable to
States); and
(ii) OECD Requirements; Export Shipments of Spent Lead Acid
Batteries (75 FR 1236, January 8, 2010) (Non-HSWA--Not delegable to
States).
(iii) 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
the 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 March 7, 2016, and by
the EPA Regional Administrator on July 28, 2016, 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.
(6) Statement of Legal Authority. ``Independent Legal Counsel
Statement'', accompanied by an Attorney General concurrence letter
signed by the Attorney General of Wyoming on July 14, 1995, and
revisions, supplements and addenda to that Statement accompanied by
Attorney General concurrence letters dated December 9, 1997, May 11,
2015, and May 25, 2022, 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
[[Page 65626]]
under subtitle C of RCRA, 42 U.S.C. 6921 et seq.
0
3. Appendix A to part 272, State Requirements, is amended by revising
the listing for ``Wyoming'' to read as follows:
Appendix A to Part 272--State Requirements
* * * * *
Wyoming
The regulatory provisions include:
Wyoming Hazardous Waste Rules and Regulations, as amended
effective April 7, 2022, Chapter 1, General Provisions, sections
2(b), 2(c); 3; 4; 124(g)(v); 260 (except 260(b)(ii)); 261; 262; 263;
264(a) through 264(c), 264(d)(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(d)(iii), 264(e)
through 264(j); 265; 266; 267; 268; 270(a) through 270(k); 273; and
279.
Copies of the Wyoming regulations that are incorporated by
reference are available from the Wyoming Secretary of State's
Office, Herschler Building East, 122 West 25th Street, Suite 100,
Cheyenne, WY 82002-0020, (Phone: (307) 777-5847; website: <a href="https://rules.wyo.gov/">https://rules.wyo.gov/</a>).
[FR Doc. 2023-20523 Filed 9-22-23; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on September 25, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.