[Federal Register Volume 65, Number 90 (Tuesday, May 9, 2000)]
[Rules and Regulations]
[Pages 26750-26755]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-11420]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-6601-3]


Montana: Final Authorization of State Hazardous Waste Management 
Program Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate final rule.

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SUMMARY: Montana has applied to EPA for Final authorization of changes 
to its hazardous waste program under the Resource Conservation and 
Recovery Act (RCRA). EPA has determined that these changes satisfy all 
requirements for Final authorization and is authorizing the State's 
changes through this immediate final action. EPA is publishing this 
rule to authorize the changes without a prior proposed rule because we 
believe this action is not controversial. Unless we get significant 
written comments opposing this authorization during the comment period, 
the decision to authorize Montana's changes to their hazardous waste 
program will take effect as provided below. If we receive significant 
comments that oppose this action, we will publish a document in the 
Federal Register withdrawing this rule before it takes effect. A 
separate document in the proposed rules section of this Federal 
Register will serve as the proposal to authorize the State's changes.

DATES: This Immediate Final Rule will become effective August 7, 2000, 
unless we receive significant adverse or critical written comments by 
June 23, 2000. If

[[Page 26751]]

significant adverse or critical written comments are received, we will 
publish a timely withdrawal of the rule in the Federal Register, 
informing the public that the rule will not take effect.

ADDRESSES: Send written comments to Kris Shurr, 8P-HW, U.S. EPA, Region 
VIII, 999 18th St, Ste 500, Denver, Colorado 80202-2466, phone number: 
(303) 312-6139. You can view and copy Montana's application at the 
following addresses: Air and Waste Management Bureau, Permitting and 
Compliance Division, Montana Department of Environmental Quality, 
Metcalf Building, 1520 East Sixth Ave., Helena, Montana 59620, Phone: 
406/444-1430; and U.S. EPA Region VIII, Montana Office, 301 S. Park, 
Federal Building, Helena, MT 59626, Phone: 406/441-1130 ext 239.

FOR FURTHER INFORMATION CONTACT: Eric Finke, Waste and Toxics Team 
Leader, U.S. EPA, 301 S. Park, Drawer 10096, Helena, MT 59626, Phone: 
(406) 441-1130 ext 239, or Kris Shurr, EPA Region VIII, 999 18th 
Street, Suite 500, Denver, Colorado 80202-2466, phone number: (303) 
312-6139.

SUPPLEMENTARY INFORMATION:

A. Why Are Revisions to State Programs Necessary?

    States that have received final authorization from EPA under RCRA 
section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous waste 
program equivalent to, consistent with, and no less stringent than the 
Federal program. As the Federal program changes, States must change 
their programs and ask EPA to authorize their changes. Changes to State 
programs may be necessary when Federal or State statutory or regulatory 
authority is modified or when certain other changes occur. Most 
commonly, States must change their programs because of changes to EPA's 
regulations in 40 Code of Federal Regulations (CFR) parts 124, 260 
through 266, 268, 270, 273 and 279.

B. What Decisions Have We Made in This Rule?

    We conclude that Montana's application to revise its authorized 
program meets all of the statutory and regulatory requirements 
established by RCRA. Therefore, we grant Montana Final authorization to 
operate its hazardous waste program with the changes described in the 
authorization application. Montana has responsibility for permitting 
Treatment, Storage, and Disposal Facilities (TSDFs) within its borders, 
except in Indian Country, and for carrying out those portions of the 
RCRA program described in its revised program application, subject to 
the limitations of the Hazardous and Solid Waste Amendments of 1984 
(HSWA). New Federal requirements and prohibitions imposed by EPA under 
the authority of HSWA take effect immediately and will be implemented 
by EPA until the State is granted authorization.

C. What Is the Effect of Today's Authorization Decision?

    The effect of this decision is that a facility in Montana subject 
to RCRA will now have to comply with the authorized State requirements 
instead of the equivalent Federal requirements. Montana has primary 
enforcement responsibilities under its state hazardous waste program 
for violations of the program, but 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; and
    <bullet> Enforce RCRA requirements and suspend or revoke permits.
    <bullet> Take enforcement actions regardless of whether the State 
has taken its own actions.
    This action does not impose additional requirements on the 
regulated community because the regulations for which Montana is being 
authorized are already effective, and are not changed by today's 
action.

D. Why Wasn't There a Proposed Rule Before Today's Rule?

    EPA did not publish a proposed rule before today's rule because we 
view this as a routine program change and do not expect significant 
written comments opposing this approval. We are providing an 
opportunity for public comment at this time. In addition, in the 
proposed rules section of today's Federal Register, there is a separate 
document that proposes to authorize the State program changes. If we 
receive significant written comments opposing this authorization, that 
document will serve as a proposal to authorize the changes.

E. What Happens if EPA Receives Written Comments Opposing This 
Action?

    If we receive significant written comments opposing this 
authorization, we will withdraw this rule by publishing a document in 
the Federal Register before the rule becomes effective. We then will 
address all public comments in a later Federal Register. You may not 
have another opportunity to comment. If you want to comment on this 
action, you must do so at this time.
    If we receive significant written comments opposing authorization 
of only a particular change to the State hazardous waste program, we 
will withdraw that part of the rule. However, the authorization of 
program changes that are not opposed by any comments will become 
effective on the date specified above. The Federal Register withdrawal 
document will specify which part of the authorization will become 
effective and which part is being withdrawn.

F. What Has Montana Previously Been Authorized For?

    Montana initially received Final authorization on July 11, 1984, 
effective July 25, 1984 (49 FR 28245) to implement the RCRA hazardous 
waste management program. We granted authorization for changes to their 
program on July 11, 1984, effective September 25, 1985 (49 FR 28245), 
and January 19 1994, effective March 21, 1994 (59 FR 02752).

G. Notice of Change in the Numbering System for the Administrative 
Rules of Montana (ARM).

    The Administrative Rules of Montana (ARM) were renumbered on 
October 30, 1995. The Montana hazardous waste rules that were 
previously found at ARM 16.44 are now found at ARM 17.54. All chapter 
and paragraph numbering remain the same (i.e., the old 16.44.101 is now 
17.54.101) except as noted below:

------------------------------------------------------------------------
                           Old                                  New
------------------------------------------------------------------------
16.44.103...............................................       17.54.105
16.44.104...............................................       17.54.106
16.44.105...............................................       17.54.107
16.44.106...............................................       17.54.108
16.44.107...............................................       17.54.109
16.44.108...............................................       17.54.110
16.44.109...............................................       17.54.111
16.44.110...............................................       17.54.112
16.44.111...............................................       17.54.113
16.44.112...............................................       17.54.118
16.44.113...............................................       17.54.119
16.44.114...............................................       17.54.120
16.44.115...............................................       17.54.125
16.44.116...............................................       17.54.126
16.44.117...............................................       17.54.127
16.44.118...............................................       17.54.128
16.44.119...............................................       17.54.130
16.44.120...............................................       17.54.131
16.44.121...............................................       17.54.132
16.44.122...............................................       17.54.133
16.44.123...............................................       17.54.136
16.44.124...............................................       17.54.137
16.44.125...............................................       17.54.138
16.44.126...............................................       17.54.140
16.44.127...............................................       17.54.145
16.44.128...............................................       17.54.146
16.44.129...............................................       17.54.150
16.44.130...............................................       17.54.155

[[Page 26752]]

 
16.44.202...............................................       17.54.201
16.44.304...............................................       17.54.307
16.44.305...............................................       17.54.308
16.44.306...............................................       17.54.309
16.44.307...............................................       17.54.310
16.44.308...............................................       17.54.312
16.44.310...............................................       17.54.315
16.44.311...............................................       17.54.316
16.44.405...............................................       17.54.408
16.44.406...............................................       17.54.409
16.44.407...............................................       17.54.410
16.44.416...............................................       17.54.425
16.44.417...............................................       17.54.426
16.44.418...............................................       17.54.427
16.44.425...............................................       17.54.435
16.44.430...............................................       17.54.440
16.44.703...............................................       17.54.705
16.44.804...............................................       17.54.807
16.44.805...............................................       17.54.808
16.44.806...............................................       17.54.809
16.44.807...............................................       17.54.810
16.44.808...............................................       17.54.811
16.44.809...............................................       17.54.812
16.44.810...............................................       17.54.813
16.44.811...............................................       17.54.814
16.44.812...............................................       17.54.817
16.44.813...............................................       17.54.818
16.44.814...............................................       17.54.820
16.44.815...............................................       17.54.821
16.44.816...............................................       17.54.822
16.44.817...............................................       17.54.823
16.44.818...............................................       17.54.824
16.44.819...............................................       17.54.825
16.44.820...............................................       17.54.830
16.44.821...............................................       17.54.831
16.44.822...............................................       17.54.832
16.44.823...............................................       17.54.833
16.44.904...............................................       17.54.905
16.44.905...............................................       17.54.907
16.44.906...............................................       17.54.908
16.44.907...............................................       17.54.909
16.44.908...............................................       17.54.910
16.44.909...............................................       17.54.911
16.44.910...............................................       17.54.912
16.44.911...............................................       17.54.915
16.44.1103..............................................      17.54.1105
16.44.1104..............................................      17.54.1106
16.44.1105..............................................      17.54.1107
16.44.1106..............................................      17.54.1108
16.44.1107..............................................      17.54.1109
16.44.408...............................................       17.54.411
16.44.410...............................................       17.54.415
16.44.411...............................................       17.54.416
16.44.412...............................................       17.54.417
16.44.413...............................................       17.54.418
16.44.415...............................................       17.54.421
16.44.1108..............................................      17.54.1112
16.44.1109..............................................      17.54.1113
16.44.1110..............................................      17.54.1114
16.44.1111..............................................      17.54.1118
16.44.1112..............................................      17.54.1119
------------------------------------------------------------------------

H. What Changes Are We Authorizing With Today's Action?

    In February 1995, Montana submitted a final revision application, 
seeking authorization of program changes in accordance with 40 CFR 
271.21.
    We now make an immediate final decision, subject to receipt of 
significant written comments opposing this action, that Montana's 
hazardous waste program revision satisfies all of the requirements 
necessary for Final authorization. Therefore, we grant Montana Final 
authorization for the following program changes:

------------------------------------------------------------------------
                                         Analogous state authority <SUP>1</SUP> and
   Description of federal requirement             effective date
------------------------------------------------------------------------
Dioxin Waste Listing and Management      ARM 17.54.131, .310, .330,
 Standards; 50 FR 01978, 01/14/85.        .331, .333, .351, .352, .401,
 (Checklist 14).                          .603, .609, .702.
Paint Filter Test; 50 FR 18370, 04/30/   ARM 17.54.609, .702.
 85. (Checklist 16).
Sharing of Information with the Agency   ARM 17.54.1008; & MCA 2-6-102.
 for Toxic Substances and Disease
 Registry; HSWA 3019(b), 07/15/85. (Non-
 checklist SI).
HSWA Codification Rule; 50 FR 28701, 07/ ARM 17.54.106, .107, .108,
 15/85. (Checklist 17).                   .111, .113, .126, .131, .132,
                                          .140, .303, .307, .309, .402,
                                          .408, .409, .426, .605, .609,
                                          .702; & MCA 75-10-406.
Listing of TDI, TDA, and DNT; 50 FR      ARM 17.54.332, .333, .351,
 42936, 10/23/85. (Checklist 18).         .352.
Burning of Waste Fuel and Used Oil Fuel  ARM 17.54.303, .309, .402,
 in Boilers and Industrial Furnaces; 50   .609, .702.
 FR 49164, 11/29/85; & 52 FR 11819, 04/
 13/87. (Checklist 19 & 19.1).
Listing of Spent Solvents; 50 FR 53315,  ARM 17.54.331.
 12/31/85, & 51 FR 2702, 01/21/86.
 (Checklist 20).
Listing of EDB Waste, 51 FR 5327, 02/13/ ARM 17.54.332, .351, .352.
 86. (Checklist 21).
Listing of Four Spent Solvents, 51 FR    ARM 17.54.331, .333, .351,
 6537, 02/25/86. (Checklist 22).          .352.
Codification Rule; Technical Correction  ARM 17.54.609.
 (Paint Filter Test), 51 FR 19176, 05/
 28/96. (Checklist 25).
Exports of Hazardous Waste, 51 FR        ARM 17.54.201, .309, .402,
 28664, 08/08/86. (Checklist 31).         .408, .426, .435, .440, .505.
Standards for Generators; Waste          ARM 17.54.408.
 Minimization Certifications, 51 FR
 35190, 10/01/86. (Checklist 32).
Listing of EBDC, 51 FR 37725, 10/24/86.  ARM 17.54.332, .351, .352.
 (Checklist 33).
Farmer Exemptions; Technical             ARM 17.54.105, .150, .401,
 Corrections, 53 FR 27164, 07/19/88.      .612.
 (Checklist 48).
Exports of Hazardous Waste; Technical    ARM 17.54.435.
 Corrections, 56 FR 43704, 09/04/91.
 (Checklist 97).
Land Disposal Restrictions; 51 FR        ARM 17.54.101, .112, .128,
 40572, 11/07/86,&52 FR21010, 06/04/87.   .131, .150, .201, .301, .307,
 (Checklist 34).                          .308, .309, .310, .320, .330,
                                          .401, .402, .504, .601, .609,
                                          .701, .702, .1008.
California List Waste Restrictions; 52   ARM 17.54.102, .128, .150,
 FR 25760, 07/08/87,&52 FR 41295, 11/27/  .440, .609, .610, .702.
 87. (Checklist 39).
Land Disposal Restrictions for First     ARM 17.54.150, .309, .609,
 Third Scheduled Wastes; 53 FR 31138,     .702.
 08/17/88, & 54 FR 8264, 02/27/89.
 (Checklist 50).
Land Disposal Restriction Amendments to  ARM 17.54.150.
 First Third Scheduled Wastes, 54 FR
 18836, 05/02/89. (Checklist 62).
Land Disposal Restrictions for Second    ARM 17.54.150.
 Third Scheduled Wastes, 54 FR 26594,
 06/23/89. (Checklist 63).
Land Disposal Restrictions; Corrections  ARM 17.54.150.
 to First Third Scheduled Wastes, 54 FR
 36967, 09/06/89, & 55 FR 23935, 06/13/
 90. (Checklist 66).
Land Disposal Restrictions for Third     ARM 17.54.128, .150, .320,
 Third Scheduled Wastes, 55 FR 22520,     .321, .322, .323, .324, .331,
 06/01/90. (Checklist 78).                .333, .352, .402, .421, .601,
                                          .609, .702.
Land Disposal Restrictions for Third     ARM 17.54.128, .150, .303,
 Third Scheduled Wastes; Technical        .320, .331, .402, .421.
 Amendment, 56 FR 3864, 01/31/91.
 (Checklist 83).

[[Page 26753]]

 
Standards for Generators of Hazardous    ARM 17.54.408.
 Waste, 53 FR 45089, 11/08/88.
 (Checklist 58).
------------------------------------------------------------------------
\1\ Administrative Rules of Montana (ARM), revised September 30, 1995,
  and the Montana Code Annotated (MCA).

I. Where Are the Revised State Rules Different From the Federal 
Rules?

    The following State requirements are considered to be more 
stringent than the Federal requirements: ARM 17.54.113(4) and 
17.54.126(2) as they relate to Boiler and Industrial Furnaces only and 
ARM 17.54.435(6) regarding Annual Reporting requirements. Nevertheless, 
these requirements are part of Montana's authorized program and are 
Federally enforceable.
    States cannot assume the authority at 40 CFR 262.53 regarding the 
``Notifications of Intent to Export'' and ``Acknowledgments of 
Consent.'' EPA will continue to implement these requirements. As 
indicated in the above paragraph, Montana is more stringent because it 
requires reporting to the State (ARM 17.54.435(6)), as well as, the 
EPA.

J. Who Handles Permits After This Authorization Takes Effect?

    Montana will issue and administer permits for all the provisions 
for which it is authorized. EPA will continue to administer any RCRA 
hazardous waste permits or portions of permits that we issued prior to 
the effective date of this authorization. EPA will transfer any pending 
permit applications, completed permits, or pertinent file information 
to Montana within 30 days after the effective date of this approval. We 
will not issue any more new permits or new portions of permits for the 
provisions listed in the Table above after the effective date of this 
authorization. EPA and Montana have agreed to joint permitting and 
enforcement for those HSWA requirements for which Montana is not yet 
authorized.

K. How Does Today's Action Affect Indian Country (18 U.S.C. 1151) 
in Montana?

    Montana is not authorized to carry out its hazardous waste program 
in Indian country, as defined in 18 U.S.C. 1151. This includes:

1. Lands within the exterior boundaries of the following Indian 
Reservations located within the State of Montana:
    a. Blackfeet Indian Reservation
    b. Crow Tribe of Montana Indian Reservation
    c. Flathead Indian Reservation
    d. Fort Belknap Indian Reservation
    e. Fort Peck Indian Reservation
    f. Northern Cheyenne Indian Reservation
    g. Rocky Boy's 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.

    Therefore, this action has no effect in Indian country where EPA 
will continue to implement and administer the RCRA program in these 
lands.
    The State's application did not seek to demonstrate authority over 
Indian country in Montana. Before EPA could approve the State's program 
for any portion of Indian country, we must 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.

L. What Is Codification and Is EPA Codifying Montana's Hazardous 
Waste Program as Authorized in This Rule?

    Codification is the process of placing the State's authorized 
hazardous waste program statutes and regulations into the Code of 
Federal Regulations. We do this by referencing the authorized State 
rules in 40 CFR part 272. We reserve the amendment of 40 CFR part 272, 
subpart BB for this authorization of Montana's program changes until a 
later date.

M. Regulatory Analysis and Notices

Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, EPA 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``Federal mandates'' that 
may result in expenditures to State, local, and tribal governments, in 
the aggregate, or to the private sector, of $100 million or more in any 
one year. Before promulgating an EPA rule for which a written statement 
is needed, section 205 of the UMRA generally requires EPA to identify 
and consider a reasonable number of regulatory alternatives and adopt 
the least costly, most cost-effective or least burdensome alternative 
that achieves the objectives of the rule. The provisions of section 205 
do not apply when they are inconsistent with applicable law. Moreover, 
section 205 allows EPA to adopt an alternative other than the least 
costly, most cost-effective or least burdensome alternative if the 
Administrator publishes with the final rule an explanation why that 
alternative was not adopted. Before EPA establishes any regulatory 
requirements that may significantly or uniquely affect small 
governments, including tribal governments, it must have developed under 
section 203 of the UMRA a small government agency plan. The plan must 
provide for notifying potentially affected small governments, enabling 
officials of affected small governments to have meaningful and timely 
input in the development of EPA regulatory proposals with significant 
Federal intergovernmental mandates, and informing, educating, and 
advising small governments on compliance with the regulatory 
requirements.
    EPA has determined that section 202 and 205 requirements do not 
apply to today's action because this rule does not contain a Federal 
mandate that may result in annual expenditures of $100 million or more 
for State, local, and/or tribal governments in the aggregate, or the 
private sector. Costs to State, local and/or tribal governments already 
exist under the State program, and today's action does not impose any 
additional obligations on regulated entities. In fact, EPA's approval 
of State programs generally may reduce, not increase, compliance costs 
for the private sector. Further, as it applies to the State, this 
action does not impose a Federal intergovernmental mandate because UMRA 
does not include duties arising from participation in a voluntary 
federal program.
    The requirements of section 203 of UMRA also do not apply to 
today's action because this rule contains no regulatory requirements 
that might significantly or uniquely affect small governments. Although 
small governments may be hazardous waste generators, transporters, or 
own and/or operate TSDFs, they are already subject to the regulatory 
requirements under the

[[Page 26754]]

existing State laws that are being authorized by EPA, and, thus, are 
not subject to any additional significant or unique requirements by 
virtue of this program approval.

Certification Under the Regulatory Flexibility Act (RFA), as Amended by 
the Small Business Regulatory Enforcement Fairness Act of 1996 
(SBREFA), 5 U.S.C. 601 et seq.

    The RFA generally requires an agency to prepare a regulatory 
flexibility analysis of any rule subject to notice and comment 
rulemaking requirements under the Administrative Procedure Act or any 
other statute unless the agency certifies that the rule will not have a 
significant economic impact on a substantial number of small entities. 
Small entities include small businesses, small organizations, and small 
governmental jurisdictions.
    For purposes of assessing the impacts of today's action on small 
entities, small entity is defined as: (1) A small business as specified 
in the Small Business Administration regulations; (2) a small 
governmental jurisdiction that is a government of a city, county, town, 
school district or special district with a population of less than 
50,000; and (3) a small organization that is any not-for-profit 
enterprise which is independently owned and operated and is not 
dominant in its field.
    After considering the economic impacts of this authorization on 
small entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. This action 
does not impose any new requirements on small entities because small 
entities that are hazardous waste generators, transporters, or that own 
and/or operate TSDFs are already subject to the regulatory requirements 
under the State laws which EPA is now authorizing. This action erely 
authorizes for the purpose of RCRA section 3006 those existing State 
requirements.

Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The EPA will submit a report containing this rule and 
other required information to the U.S. Senate, the U.S. House of 
Representatives and the Comptroller General of the United States prior 
to publication of the rule in today's Federal Register. This rule is 
not a ``major rule'' as defined by 5 U.S.C. 804(2).

Compliance With Executive Order 12866

    The Office of Management and Budget has exempted this rule from the 
requirements of Executive Order 12866.

Compliance With Executive Order 13132 (Federalism)

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999), requires EPA to develop an accountable process to ensure 
``meaningful and timely input by State and local officials in the 
development of regulatory policies that have federalism implications.'' 
``Policies that have federalism implications'' is defined in the 
Executive Order to include regulations that 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.''
    Under section 6 of Executive Order 13132, EPA may not issue a 
regulation that has federalism implications, that imposes substantial 
direct compliance costs, and that is not required by statute, unless 
the Federal government provides the funds necessary to pay the direct 
compliance costs incurred by State and local governments, or EPA 
consults with State and local officials early in the process of 
developing the proposed regulation. EPA also may not issue a regulation 
that has federalism implications and that preempts State law unless the 
Agency consults with State and local officials early in the process of 
developing the proposed regulation.
    This authorization does not have federalism implications. It will 
not have a substantial direct effect on 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, because this rule affects only 
one State. This action simply approves the State's proposal to be 
authorized for updated requirements of the hazardous waste program that 
the State has voluntarily chosen to operate. Further, as a result of 
this action, newly authorized provisions of the State's program now 
apply in lieu of the equivalent Federal program provisions implemented 
by EPA under HSWA. Affected parties are subject only to those 
authorized State program provisions, as opposed to being subject to 
both Federal and State regulatory requirements. Thus, the requirements 
of section 6 of the Executive Order do not apply.

Compliance With Executive Order 13045

    Executive Order 13045, ``Protection of Children from Environmental 
Health Risks and Safety Risks,'' applies to any rule that: (1) The 
Office of Management and Budget determines is ``economically 
significant'' as defined under Executive Order 12866, and (2) concerns 
an environmental health or safety risk that EPA has reason to believe 
may have a disproportionate effect on children. If the regulatory 
action meets both criteria, the Agency must evaluate the environmental 
health or safety effects of the planned rule on children and explain 
why the planned regulation is preferable to other potentially effective 
and reasonably feasible alternatives considered by the Agency.
    EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that are based on health or safety risks, such that 
the analysis required under section 5-501 of the Order has the 
potential to influence the regulation. This rule is not subject to 
Executive Order 13045 because it authorizes a state program.

Compliance With Executive Order 13084

    Under Executive Order 13084, EPA may not issue a regulation that is 
not required by statute, that significantly or uniquely affects the 
communities of Indian tribal governments, and that imposes substantial 
direct compliance costs on those communities, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by the tribal governments, or EPA consults with those 
governments. If EPA complies with consulting, Executive Order 13084 
requires EPA to provide to the Office of Management and Budget, in a 
separately identified section of the preamble to the rule, a 
description of the extent of EPA's prior consultation with 
representatives of affected tribal governments, a summary of the nature 
of their concerns, and a statement supporting the need to issue the 
regulation. In addition, Executive Order 13084 requires EPA to develop 
an effective process permitting elected officials and other 
representatives of Indian tribal governments ``to provide meaningful 
and timely input in the development of regulatory policies on matters 
that significantly or uniquely affect their communities.''
    This rule is not subject to Executive Order 13084 because it does 
not

[[Page 26755]]

significantly or uniquely affects the communities of Indian tribal 
governments. The State is not authorized to implement the RCRA 
hazardous waste program in Indian country. This action has no effect on 
the hazardous waste program that EPA implements in the Indian country 
within the State.

Paperwork Reduction Act

    Under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., Federal 
agencies must consider the paperwork burden imposed by any information 
request contained in a proposed rule or a final rule. This rule will 
not impose any information requirements upon the regulated community.

National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (``NTTAA''), Public Law 104-113, section 12(d) (15 U.S.C. 
272 note) directs EPA to use voluntary consensus standards in its 
regulatory activities unless to do so would be inconsistent with 
applicable law or otherwise impractical. Voluntary consensus standards 
are technical standards (e.g., materials specifications, test methods, 
sampling procedures, and business practices) that are developed or 
adopted by voluntary consensus standards bodies. The NTTAA directs EPA 
to provide Congress, through OMB, explanations when the Agency decides 
not to use available and applicable voluntary consensus standards.
    This action does not involve technical standards. Therefore, EPA 
did not consider the use of any voluntary consensus standards.

List of Subjects in 40 CFR Part 271

    Environmental protection, Administrative practice and procedure, 
Confidential business information, Hazardous waste, Hazardous waste 
transportation, Indian country, Intergovernmental relations, Penalties, 
Reporting and recordkeeping requirements.

    Authority: This action is issued under the authority of sections 
2002(a), 3006 and 7004(b) of the Solid Waste Disposal Act as amended 
42 U.S.C. 6912(a), 6926, 6974(b).

    Dated: April 28, 2000.
Jack W. McGraw,
Acting Regional Administrator, Region VIII.
[FR Doc. 00-11420 Filed 5-8-00; 8:45 am]
BILLING CODE 6560-50-U