Federal Register / Vol. 81, No. 122 / Friday, June 24, 2016 / Rules and Regulations 41229 

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. 

■ 3. Appendix A to Part 272, is 

amended by revising the listing for 

‘‘South Dakota’’ to read as follows: 

Appendix A to Part 272–State 

Requirements 

* * * * * 

South Dakota 

The regulatory provisions include: 

Administrative Rules of South Dakota, 

Article 74:28, Hazardous Waste, effective 

October 10, 2013, sections 74:28:21:01, 

74:28:21:02, 74:28:21:03, 74:28:22:01, 

74:28:23:01, 74:28:24:01, 74:28:25:01 through 

74:28:25:05, 74:28:26:01, 74:28:27:01, 

74:28:28:01 through 74:28:28:05, 74:28:29:01, 

74:28:30:01 and 74:28:33:01; Article 74:36, 

Air Pollution Control Program, as of June 25, 

2013, section 74:36:11:01. 

Copies of the South Dakota regulations that 

are incorporated by reference are available 

from South Dakota Legislative Research 

Council, 3rd Floor, State Capitol, 500 East 

Capitol Avenue, Pierre, South Dakota 57501, 

(Phone: (605) 773–3251). 

* * * * * 

[FR Doc. 2016–14298 Filed 6–23–16; 8:45 am] 

BILLING CODE 6560–50–P 

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: cosentini.christina@epa.gov. 

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: 

cosentini.christina@epa.gov. 

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 


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

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 rulemaking 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 


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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 Sections 124.1, 124.4, 124.5(c), 

124.5(e)–(g), 124.6(c), 124.6(d)(4)(ii)–(v), 124.8(b)(3), 124.8(b)(8), 

124.9(b)(6), 124.10(a)(1)(iv)–(v), 124.10(c)(1)(iv)–(viii), 

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)).

HWRR, Chapter 1, Sections 2(a) and 124. [More stringent provisions: 

124(a)(v); 124(b)(i); 124(b)(iii) second sentence; 124(b)(iii)(A) 

through (C); 124(b)(iv); 124(d)(i); 124(d)(ii); and 124(e)(iii)]. 

2. 40 CFR part 260, except for the following provisions: 260.2, 260.10 

(definitions of ‘‘Performance Track member facility’’, ‘‘remediation 

waste management site’’, and the third part of the definition for ‘‘facility’’), 260.20(d) and (e), and the October 30, 2008 Definition of 

Solid Waste, (73 FR 62668).

Wyoming Department of Environmental Quality (WDEQ) Rules of Practice and Procedure, as amended February 14, 1994, Chapter III; 

HWRR, Chapter 1, Sections 2(a), 2(b), 3, 4, and 260. [More stringent 

provision: 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 following provisions: 261.4(b)(11), 

261.4(b)(16), 261.4(b)(17), subpart H, Appendix IX, the language ‘‘in 

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).

HWRR, Chapter 1, Sections 2(a), 3(a)(x), 3(a)(xiii) and 261. [More 

stringent provision: 261(a)(iii) and 261(b)]. 

4. 40 CFR part 262, except for the following provisions: 262.10(j) and 

(k), 262.34(j)–(l), subparts I and J, and the language ‘‘for the Region 

in which the generator is located’’ in 40 CFR 262.42(a)(2) and 

262.42(b).

HWRR, Chapter 1, Sections 2(a) and 262. [More stringent provisions: 

262(a)(iii) and 262(a)(v)]. 

5. 40 CFR part 263, except for the following provision: 263.20(a)(3) 

which addresses compliance dates for manifest form revisions for 

dates which have passed.

HWRR, Chapter 1, Sections 2(a) and 263. [More stringent provisions: 

263(a)(iv)]. 

6. 40 CFR part 264, except for the following provisions: 40 CFR 

264.1(f), 264.1(g)(12), 264.1(j), 264.15(b)(5), 264.70(b), 

264.73(b)(17), 264.101(d), 264.147(k), 264.149, 264.150, 264.195(e), 

264.301(l), 264.314(e), 264.554(l)(2), 264.1030(d), 264.1050(g), and 

264.1080(e) through (g).

HWRR, Chapter 1, Sections 2(a) and 264(a)–(d); 264(e)(i) (except the 

citation ‘‘ W.S. 35–11–1607 ’’ and the phrase ‘‘or signed remedy 

agreement pursuant to W.S. 35–11–1607 ’’ in the first sentence of 

264(e)(i); 264(e)(iii)(A) and (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 following provisions: Subpart R, 40 

CFR 265.1(c)(4), 265.15(b)(5), 265.15(c)(15), 265.70(b), 265.147(k), 

265.149, 265.150, 265.195(d), 265.1030(c), 265.1050(f), 

265.1080(e), 265.1080(f), and 265.1080(g).

HWRR, Chapter 1, Sections 2(a) and 265. [More stringent provisions: 

265(a)(iv) through (vi); 265(a)(ix); 265(a)(x); 265(e); and 265(f)]. 

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), 

268.44(a)–(g), and 268.44(o).

HWRR, Chapter 1, Sections 2(a) and 268. 

11. 40 CFR part 270 except for the following provisions: 270.1(c)(1)(iii), 

270.1(c)(2)(ix), 270.11(d)(2), 270.13(k)(7), 270.14(b)(18), 270.42(l), 

270.42 (Appendix I, Part A, Entries 9 and 10, and Part O Entry 

(1)(a)–(d)), 270.51, 270.60(a), 270.64, 270.68, 270.73(a), subpart H 

(40 CFR 270.79–270.230), 270.260(h), and 270.290(r).

HWRR, Chapter 1, Sections 2(a), 3(a)(ii), 3(a)(v), 3(a)(vi) through 

3(a)(ix), and 270 (except 270(n). [More stringent provisions: 

270(a)(iv); 270(a)(ix); 270(a)(x); 270(a)(xii); 270(a)(xx); 270(b) 

through (e); 270(h); and 270(j) 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. 


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41232 Federal Register / Vol. 81, No. 122 / Friday, June 24, 2016 / Rules and Regulations 

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-inscope 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 


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


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41234 Federal Register / Vol. 81, No. 122 / Friday, June 24, 2016 / Rules and Regulations 

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 

■ 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). 

■ 2. Amend subpart ZZ by adding 

§ 272.2551 to read as follows: 

§ 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 


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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 ‘‘EPAApproved 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] (NonHSWA—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. 

■ 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 

ENVIRONMENTAL PROTECTION 

AGENCY 

48 CFR Parts 1536 and 1537 

[EPA–HQ–OARM–2013–0370; FRL–9946– 

78–OARM] 

Acquistion Regulation: Update to 

Construction and Architect-Engineer 

and Key Personnel Requirements 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is issuing a final rule 

amending the EPA Acquisition 

Regulation (EPAAR) to remove the 

evaluation of contracting performance 

and to incorporate flexibility to identify 

the required number of days of key 


sradovich on DSK3GDR082PROD with RULES