41222 Federal Register / Vol. 81, No. 122 / Friday, June 24, 2016 / Rules and Regulations 

from the requirement of a tolerance 

without any numerical limitation. 

VIII. Conclusions 

Therefore, an exemption is 

established for residues of Bacillus 

amyloliquefaciens strain PTA–4838 on 

all food commodities. 

IX. References 

1. Priest, F., Goodfellow, M., Shute, L., and 

Berkeley, R. 1987. ‘‘Bacillus 

amyloliquefaciens sp. nom., nom. rev.’’ 

International Journal of Systematic 

Bacteriology. 37: 69–71. http://

ijs.sgmjournals.org/content/37/1/

69.full.pdf. 

2. https://microbewiki.kenyon.edu/

index.php/Bacillus_subtilis. 

3. Apetroaie-Constantin, C., et al. (2009). 

‘‘Bacillus subtilis and B. mojavensis 

strains connected to food poisoning 

produce the heat stable toxin amylosin.’’ 

Journal of Applied Microbiology 106(6): 

1976–1985. 

4. Registration Decision for the New Active 

Ingredient Bacillus amyloliquefaciens 

strain PTA–4838, http://

www.regulations.gov. Docket No. EPA– 

HQ–OPP–2015–0420. 

5. http://www.fda.gov/ohrms/dockets/98fr/

042399a.txt. 

6. https://www.gpo.gov/fdsys/pkg/FR-2012- 

01-06/pdf/2011-33846.pdf, Federal 

Register (77 FR 745, January 6, 2012). 

X. Statutory and Executive Order 

Reviews 

This action establishes an exemption 

from the requirement of a tolerance 

under FFDCA section 408(d) in 

response to a petition submitted to the 

Agency. The Office of Management and 

Budget (OMB) has exempted these types 

of actions from review under Executive 

Order 12866, entitled ‘‘Regulatory 

Planning and Review’’ (58 FR 51735, 

October 4, 1993). Because this action 

has been exempted from review under 

Executive Order 12866, this action is 

not subject to Executive Order 13211, 

entitled ‘‘Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use’’ (66 

FR 28355, May 22, 2001) or Executive 

Order 13045, entitled ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997). This action does not 

contain any information collections 

subject to OMB approval under the 

Paperwork Reduction Act (PRA), 44 

U.S.C. 3501 et seq., nor does it require 

any special considerations under 

Executive Order 12898, entitled 

‘‘Federal Actions to Address 

Environmental Justice in Minority 

Populations and Low-Income 

Populations’’ (59 FR 7629, February 16, 

1994). 

Since tolerances and exemptions that 

are established on the basis of a petition 

under FFDCA section 408(d), such as 

the exemption in this final rule, do not 

require the issuance of a proposed rule, 

the requirements of the Regulatory 

Flexibility Act (RFA) (5 U.S.C. 601 et 

seq.), do not apply. 

This action directly regulates growers, 

food processors, food handlers, and food 

retailers, not States or tribes, nor does 

this action alter the relationships or 

distribution of power and 

responsibilities established by Congress 

in the preemption provisions of FFDCA 

section 408(n)(4). As such, the Agency 

has determined that this action will not 

have a substantial direct effect on States 

or tribal governments, on the 

relationship between the national 

government and the States or tribal 

governments, or on the distribution of 

power and responsibilities among the 

various levels of government or between 

the Federal Government and Indian 

tribes. Thus, the Agency has determined 

that Executive Order 13132, entitled 

‘‘Federalism’’ (64 FR 43255, August 10, 

1999) and Executive Order 13175, 

entitled ‘‘Consultation and Coordination 

with Indian Tribal Governments’’ (65 FR 

67249, November 9, 2000) do not apply 

to this action. In addition, this action 

does not impose any enforceable duty or 

contain any unfunded mandate as 

described under Title II of the Unfunded 

Mandates Reform Act (UMRA) (2 U.S.C. 

1501 et seq.). 

This action does not involve any 

technical standards that would require 

Agency consideration of voluntary 

consensus standards pursuant to section 

12(d) of the National Technology 

Transfer and Advancement Act 

(NTTAA) (15 U.S.C. 272 note). 

XI. Congressional Review Act 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), 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 the Federal 

Register. This action is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: June 1, 2016. 

Jack E. Housenger, 

Director, Office of Pesticide Programs. 

Therefore, 40 CFR chapter I is 

amended as follows: 

PART 180—[AMENDED] 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

■ 2. Section 180.1336 is added to 

subpart D to read as follows: 

§ 180.1336 Bacillus amyloliquefaciens 

strain PTA–4838; exemption from the 

requirement of a tolerance. 

An exemption from the requirement 

of a tolerance is established for residues 

of Bacillus amyloliquefaciens strain 

PTA–4838 in or on all food 

commodities. 

[FR Doc. 2016–15006 Filed 6–23–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 271 and 272 

[EPA–R08–RCRA–2016–0131; FRL 9947– 

04–Region 8] 

South Dakota: 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 South Dakota 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 South Dakota’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 


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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–2016–0131 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– 

0131. 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 

South Dakota Department of 

Environmental and Natural Resources, 

from 9 a.m. to 5 p.m., Joe Foss Building, 

523 East Capitol Avenue, Pierre, South 

Dakota 57501, contact: Carrie Jacobson, 

phone number (605) 773–3153. 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 South 

Dakota’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. 

When states make other changes to their 

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 South Dakota’s 

application to revise its authorized 

program meets all of the statutory and 

regulatory requirements established by 

RCRA. Therefore, we grant South 

Dakota final authorization to operate its 

hazardous waste program with the 

changes described in the authorization 

application. South Dakota 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) all lands located within formal 

Indian Reservations within or abutting 

the State of South Dakota, including the 

Cheyenne River Indian Reservation, 

Crow Creek Indian Reservation, 

Flandreau Indian Reservation, Lower 

Brule Indian Reservation, Pine Ridge 

Indian Reservation, Rosebud Indian 

Reservation, Standing Rock Indian 

Reservation, Yankton Indian 

Reservation; (2) any land held in trust 

by the United States for an Indian tribe; 

and (3) any other land, whether on or 

off a reservation that qualifies as 

‘‘Indian country’’ 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 South Dakota, including 

issuing permits, until South Dakota is 

authorized to do so. 

C. What is the effect of this 

authorization decision? 

The effect of this decision is that a 

facility in South Dakota subject to RCRA 

will have to comply with the authorized 

State requirements instead of the 

equivalent federal requirements in order 

to comply with RCRA. South Dakota has 

enforcement responsibilities under its 

State hazardous waste program for 

violations of 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 South Dakota has taken its 

own actions. 

This action does not impose 

additional requirements on the 

regulated community because the 

regulations for which South Dakota is 

being authorized by this direct action 

are already effective under State law 

and are not changed by this action. 


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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 South Dakota 

previously been authorized? 

South Dakota initially received final 

authorization on October 19, 1984, 

effective November 2, 1984 (49 FR 

41038) to implement the RCRA 

hazardous waste management program. 

We granted authorization for changes to 

their program on: April 17, 1991, 

effective June 17, 1991 (56 FR 15503); 

September 8, 1993, effective November 

8, 1993 (FR 47216); January 10, 1994, 

effective March 11, 1994 (59 FR 1275); 

July 24, 1996, effective September 23, 

1996 (61 FR 38392); May 9, 2000, 

effective June 8, 2000 (65 FR 26755); 

April 23, 2004, effective May 24, 2004 

(69 FR 21962); March 8, 2006, effective 

March 8, 2006 (71 FR 11533); and 

August 8, 2012, effective August 8, 2012 

(77 FR 47302). 

G. What changes are we authorizing 

with this action? 

South Dakota submitted a final 

complete program revision application 

on May 12, 2015, 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 

this action, that South Dakota’s 

hazardous waste program revision 

satisfies all of the requirements 

necessary to qualify for Final 

authorization. Therefore, we grant South 

Dakota final authorization for the 

following program changes: 

1. Program Revision Changes for Federal 

Rules 

The State of South Dakota revisions 

consist of regulations which specifically 

govern Federal hazardous waste 

revisions promulgated from July 1, 2007 

through June 30, 2012 (RCRA Clusters 

XVIII–XXII), except for the final rules 

published on January 2, 2008 (73 FR 57; 

Checklist 216), October 30, 2008 (73 FR 

64668, Checklist 219); December 19, 

2008 (73 FR 77954, Checklist 221); 

January 8, 2010 (75 FR 1236, Checklist 

222); and June 15, 2010 (75 FR 33712, 

Checklist 224). The State requirements 

from its Hazardous Waste Rules, 

Administrative Rules of South Dakota 

(ARSD), Article 74:28, effective October 

10, 2013, are included in the chart 

below. 

Description of federal requirement Federal Register date and page Analogous state authority 

1. NESHAP: Final Standards for Hazardous Waste Combustors (Phase I Final Replacement Standards and Phase II) 

Amendments (Checklist 217).

73 FR 18970; 8/8/08 .......................................... ARSD 74:28:25–01 and 

74:28:27:01. 

2. F019 Exemption for Wastewater Treatment Sludges from 

Auto Manufacturing Zinc Phosphating Processes (Checklist 

218).

73 FR 31756; 6/4/08 .......................................... ARSD 74:28:22:01. 

3. Academic Laboratories Generator Standards (Checklist 

220).

73 FR 7291; 12/1/08 .......................................... ARSD 74:28:22:01 and 

74:28:23:01. 

4. Hazardous Waste Technical Corrections and Clarifications 

(Checklist 223).

75 FR 12989; 3/18/10 ........................................ ARSD 74:28:21:02, 

74:28:22:01, 74:28:23:01, 

74:28:24:01, 74:28:25:01, 

74:28:28:01, 74:28:27:01, 

74:28:30:01, 74:28:26:01, 

and 74:28:23:01. 

5. Removal of Saccharin and Its Salts from the Lists of Hazardous Constituents (Rule 225; No Federal checklist).75 FR 78918; 12/17/10 ARSD 74:28:22:01 and 

74:28:30:01. 

6. Academic Laboratories Generator Standards Technical 

Corrections (Checklist 226).

75 FR 79304; 12/20/10 ...................................... ARSD 74:28:23:01. 

7. Revision of the Land Disposal Treatment Standards for 

Carbamate Wastes (Checklist 227).

76 FR 34147; 6/13/11 ........................................ ARSD 74:28:30:01. 

8. Hazardous Waste Technical Corrections and Clarifications 

Rule (Checklist 228).

77 FR 22229; 4/13/12 ........................................ ARSD 74:28:22:01 and 

74:28:27:01. 

2. State-Initiated Changes 

South Dakota 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 Administrative Rules of South 

Dakota (ARSD 74:28), as amended, 

effective October 10, 2013: 

74:28:21:01(1), 74:28:21:01(3), 

74:28:21:01(6), 74:28:21:01(8), 

74:28:21:01(11), 74:28:25:03, 

74:28:25:04, 74:28:25:05, 74:28:28:03, 

74:28:28:04, 74:28:28:05, and 

74:36:11.01. 

H. Where are the revised State rules 

different from the Federal rules? 

South Dakota incorporates the Federal 

regulations by reference, thus making its 

hazardous waste program equivalent to 

the federal program in all areas. The 

State did not make any changes that are 

more stringent or broader-in-scope than 

the federal rules in this rulemaking. In 

addition, South Dakota did not change 


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any previously more stringent or 

broader-in-scope provisions to be 

equivalent to the federal rules. 

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 parts 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? 

South Dakota 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 South Dakota 

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 South Dakota is 

not yet authorized. 

J. How does this action affect Indian 

Country (18 U.S.C. 1151) in South 

Dakota? 

This determination to approve South 

Dakota’s RCRA program revisions 

applies to all activities in South Dakota 

outside of ‘‘Indian country,’’ as that 

term is defined in 18 U.S.C. 1151, 

including: 

1. All lands within the exterior 

boundaries of the following Indian 

reservations located within or abutting 

the State of South Dakota: 

a. Cheyenne River Indian Reservation; 

b. Crow Creek Indian Reservation; 

c. Flandreau Indian Reservation; 

d. Lower Brule Indian Reservation; 

e. Pine Ridge Indian Reservation; 

f. Rosebud Indian Reservation; 

g. Standing Rock Indian Reservation; 

h. Yankton Indian Reservation; 

2. Any land held in trust by the 

United States for an Indian tribe; and, 

3. Any other areas which are ‘‘Indian 

country’’ within the meaning of 18 

U.S.C. 1151. 

Under principles of Federal Indian 

law, states generally do not have 

authority to regulate in Indian country. 

Ala. v. Native Vill. of Venetie Tribal 

Gov’t., 522 U.S. 520 n.1 (1998). 

Accordingly, in the absence of an 

express grant of authority to a state from 

Congress, EPA typically excludes Indian 

country from program delegations and 

authorizations to states. See RCRA 

Authorization regulations at 40 CFR 

271.1(h) (‘‘[I]n many cases States will 

lack authority to regulate activities on 

Indian lands.’’). 

Indian country is defined by federal 

statute, 18 U.S.C. 1151, as: 

a. All land within the limits of any 

Indian reservation under the 

jurisdiction of the United States 

Government, notwithstanding the 

issuance of any patent, and, including 

rights-of-way running through the 

reservation; 

b. all dependent Indian communities 

within the borders of the United States 

whether within the original or 

subsequently acquired territory thereof, 

and whether within or without the 

limits of a state; and 

c. all Indian allotments, the Indian 

titles to which have not been 

extinguished, including rights-of-way 

running through the same. 

It is important to note that the phrase 

‘‘notwithstanding the issuance of any 

patent’’ in 18 U.S.C. 1151(a) has been 

interpreted by the U.S. Supreme Court 

to include fee patents (also known as 

land titles or land deeds) issued to 

Indians and non-Indians alike. See, 

Seymour v. Superintendent, 368 U.S. 

351, 358 (1962). Accordingly, fee-owned 

lands, whether owned by Indians or 

nonmembers of the relevant Indian 

tribe, which are within the exterior 

boundaries of Indian reservations, are 

Indian country. While 18 U.S.C. 1151 on 

its face relates to criminal jurisdiction, 

the U.S. Supreme Court has held that it 

is also relevant for civil regulatory 

jurisdiction. See, DeCoteau v. Dist. 

County Court, 420 U.S. 425, 427 n.2 

(1975). 

In addition, tribal trust lands located 

outside of formal reservations are also 

Indian country as defined in 18 U.S.C. 

1151. For a detailed legal discussion 

and explanation of this interpretation of 

Indian country, see Letter from Jack W. 

McGraw, Acting Regional 

Administrator, United States 

Environmental Agency, to Steven M. 

Pirner, Secretary, South Dakota 

Department of Environment and Natural 

Resources (April 2, 2002), printed in 67 

FR 45684 through 45687 (July 10, 2002). 

II. 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 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 

RCRA, 42 U.S.C. 6927, 6928, 6934 and 

6973, and any other applicable statutory 

and regulatory provisions. 

B. What is the history of the codification 

of South Dakota’s hazardous waste 

management program? 

The EPA incorporated by reference 

South Dakota’s then authorized 

hazardous waste program effective 

March 8, 2006 (71 FR 11533). In this 

action, the EPA is revising Subpart QQ 

of 40 CFR part 272 to include the 

authorization revision actions described 

in this document. 

C. What decisions have we made in this 

rule? 

In this rule, 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 South 

Dakota 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). 

This action codifies the EPA’s 

authorization of South Dakota’s base 

hazardous waste management program 

and its revisions to that program. The 

codification reflects the State program 


sradovich on DSK3GDR082PROD with RULES
41226 Federal Register / Vol. 81, No. 122 / Friday, June 24, 2016 / Rules and Regulations 

that would be in effect at the time EPA’s 

authorized revisions to the South 

Dakota 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 South 

Dakota. 

The EPA is incorporating by reference 

EPA’s approval of South Dakota’s 

hazardous waste management program 

by amending Subpart QQ to 40 CFR part 

272. The action amends section 

272.2101 and incorporates by reference 

South Dakota’s authorized hazardous 

waste regulations, as amended effective 

October 10, 2013. Section 272.2101 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 272.2101 

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. 

D. What is the effect of South Dakota’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 South 

Dakota’s inspection and enforcement 

authorities nor are those authorities part 

of South Dakota’s approved State 

program which operates in lieu of the 

federal program. 40 CFR 272.2101(c)(2) 

lists these authorities for informational 

purposes, and because the EPA also 

considered them in determining the 

adequacy of South Dakota’s procedural 

and enforcement authorities. South 

Dakota’s authority to inspect and 

enforce the State’s hazardous waste 

management program requirements 

continues to operate independently 

under State law. 

E. What State provisions are not part of 

the codification? 

The public is reminded that some 

provisions of South Dakota’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 South 

Dakota is not authorized, but which 

have been incorporated into the State 

regulations because of the way the State 

adopted federal regulations by 

reference. 

(3) Federal rules for which South 

Dakota is authorized but which were 

vacated by the U.S. Court of Appeals for 

the District of Columbia Circuit (D.C. 

Cir. No. 98–1379 and 98–1379; June 27, 

2014). 

(4) State procedural and enforcement 

authorities which are necessary to 

establish the ability of the State’s 

program to enforce compliance but 

which do not supplant the Federal 

statutory enforcement and procedural 

authorities. 

State provisions that are ‘‘broader in 

scope’’ than the federal program are not 

incorporated by reference in 40 CFR 

part 272. For reference and clarity, the 

EPA lists in 40 CFR 272.2101(c)(3) the 

South Dakota 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. 

South Dakota has adopted but is not 

authorized for certain federal final rules 

published between June 29, 1995 and 

June 15, 2010. Therefore, the federal 

amendments to 40 CFR parts 260, 261, 

262, 263, 264, 265, 266, 268, 270 and 

273 addressed by these Federal rules 

and included in South Dakota’s 

adoption by reference at ARSD, sections 

74:28:21:02, 74:28:22:01, 74:28:23:01, 

74:28:24:01, 74:28:25:01, 74:28:28:01, 

74:28:27:01, 74:28:30:01, 74:28:26:01 

and 74:28:33:01, respectively, are not 

part of the State’s authorized program 

included in this codification. The EPA 

has identified in 40 CFR 272.2101(c)(4) 

those federal regulations which, while 

adopted by South Dakota, are not 

authorized by EPA. 

F. 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, 

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, EPA enforces the HSWA 

requirements and not the State analogs. 

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, 


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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), 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), EPA 

is granting final authorization under 40 

CFR part 271 to the State of South 

Dakota 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. Revise § 272.2101 to read as 

follows: 

§ 272.2101 South Dakota Stateadministered program: Final authorization. 

(a) Pursuant to section 3006(b) of 

RCRA, 42 U.S.C. 6926(b), South Dakota 

has final authorization for the following 

elements as submitted to EPA in South 

Dakota’s base program application for 

final authorization which was approved 

by EPA effective on November 2, 1984. 

Subsequent program revision 

applications were approved effective on 

June 17, 1991, November 8, 1993, March 

11, 1994, September 23, 1996, June 8, 

2000, May 24, 2004, March 8, 2006, 

August 8, 2012 and August 23, 2016. 

(b) The State of South Dakota has 

primary responsibility for enforcing its 

hazardous waste management program. 

However, 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 South Dakota 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 South Dakota 

regulations that are incorporated by 

reference in this paragraph from South 

Dakota Legislative Research Council, 

3rd Floor, State Capitol, 500 East 

Capitol Avenue, Pierre, South Dakota 

57501, (Phone: (605) 773–3251). You 

may inspect a copy at EPA Region 8, 

1595 Wynkoop Street, Denver, 

Colorado, phone number (303) 312– 


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6231, or at the National Archives and 

Records Administration (NARA). For 

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 South Dakota Regulatory 

Requirements Applicable to the 

Hazardous Waste Management 

Program’’, dated February 2016. 

(ii) [Reserved] 

(2) EPA considered the following 

statutes and regulations in evaluating 

the State program but is not 

incorporating them herein for 

enforcement purposes: 

(i) South Dakota Codified Laws 

(SDCL), as amended, 2013 Revision, 

Title 1, State Affairs and Government: 

Chapter 1–26, Administrative 

Procedures and Rules, sections 1–26– 

1(1), 1–26–1(4), 1–26–1(8) introductory 

paragraph, 1–26–1(8)(a), 1–26–2, 1–26– 

6.6, 1–26–16 through 1–26–19, 1–26– 

19.1, 1–26–19.2, 1–26–21, 1–26–27, 1– 

26–29, 1–26–30, 1–26–30.1, 1–26–30.2, 

1–26–30.4, 1–26–31, 1–26–31.1, 1–26– 

31.2, 1–26–31.4, 1–26–35 and 1–26–36; 

Chapter 1–27, Public Records and Files, 

sections 1–27–1, 1–27–3, 1–27–9(2) and 

1–27–28, 1–27–31; Chapter 1–32, 

Executive Reorganization, section 1–32– 

1(1); Chapter 1–40, Department of 

Natural Resources, sections 1–40–4.1, 

1–40–24, 1–40–31 and 1–40–34. 

(ii) SDCL, as amended, 2013 Revision, 

Title 15, Civil Procedure: Chapter 15–6, 

Rules of Procedure in Circuit Courts, 

section 15–6–24(a)-(c). 

(iii) SDCL, as amended, 2013 

Revision, Title 19, Evidence: Chapter 

19–13, Privileges, sections 19–13–2(1), 

19–13–2(5), 19–13–3, 19–13–20 and 19– 

13–22. 

(iv) SDCL, as amended, 2013 

Revision, Title 21, Judicial Remedies: 

Chapter 21–8, Injunction, section 21–8– 

1. 

(v) SDCL, as amended, 2013 Revision, 

Title 22, Crimes: Chapter 22–6, 

Authorized Punishments, sections 22– 

6–1 introductory paragraph and 22–6– 

1(7). 

(vi) SDCL, as amended, 2013 

Revision, Title 23, Law Enforcement: 

Chapter 23–5, Criminal Identification, 

sections 23–5–1, 23–5–10(1), 23–5– 

10(3), 23–5–10(4) and 23–5–11 first 

sentence; Chapter 23–6, Criminal 

Statistics, section 23–6–4. 

(vii) SDCL, as amended, 2013 

Revision, Title 34, Public Health and 

Safety: Chapter 34–21, Radiation and 

Uranium Resources Exposure Control, 

section 34–21–2(7). 

(viii) SDCL, as amended, 2013 

Revision, Title 34A, Environmental 

Protection: Chapter 34A–6, Solid Waste 

Disposal, section 34A–6–1.3(17); 

Chapter 34A–10, Remedies for 

Protection of Environment, sections 

34A–10–1, 34A–10–2, 34A–10–5, 34A– 

10–11, 34A–10–14 and 34A–10–16, 

Chapter 34A–11, Hazardous Waste 

Management, sections 34A–11–1, 34A– 

11–2 through 34A–11–4, 34A–11–5, 

34A–11–8 through 34A–11–12, 34A– 

11–13 through 34A–11–16, 34A–11–17 

through 34A–11–19, 34A–11–21 and 

34A–11–22; Chapter 34A–12, Regulated 

Substance Discharges, sections 34A–12– 

1(8), 34A–12–4, 34A–12–6, 34A–12–8 

through 34A–12–13, 34A–12–13.1 and 

34A–12–14. 

(ix) SDCL, as amended, 2013 

Revision, Title 37, Trade Regulation, 

Chapter 37–29, Uniform Trade Secrets 

Act, section 37–29–1(4). 

(x) Administrative Rules of South 

Dakota (ARSD), Article 74:08, 

Administrative Fees, effective October 

10, 2013: Chapter 74:08:01, Fees for 

Records Reproduction, sections 

74:08:01:01 through 74:08:01:07. 

(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) SDCL, as amended, 2013 Revision, 

Title 34A, Environmental Protection, 

Chapter 34A–11, Hazardous Waste 

Management, sections 34A–11–12.1, 

34A–11–16.1, 34A–11–25 and 34A–11– 

26. 

(ii) [Reserved] 

(4) Unauthorized state amendments. 

(i) South Dakota has adopted but is not 

authorized for the following federal 

final rules: 

(A) Removal of Legally Obsolete Rules 

(HSWA/non-HSWA) [60 FR 33912, 

06/29/95]; 

(B) Imports and Exports of Hazardous 

Waste: Implementation of OECD 

Council Division (HSWA—Not 

delegable to States) [61 FR 16290, 

04/12/96]; 

(C) Clarification of Standards for 

Hazard Waste Land Disposal Restriction 

Treatment Variances (HSWA) [62 FR 

64504, 12/05/97]; 

(D) Hazardous Waste Combustors; 

Revised Standards (Non-HSWA— 

Vacated by the U.S. Court of Appeals for 

the District of Columbia Circuit (D.C. 

Cir. No. 98–1379 and 98–1379; June 27, 

2014) [63 FR 33782, 6/19/98]; 

(E) Vacatur of Organobromide 

Production Waste Listings (HSWA) [65 

FR 14472, 03/17/00]; 

(F) National Environmental 

Performance Track Program (NonHSWA—terminated by EPA (74 FR 

22741, 5/14/09)) [69 FR 21737, 4/22/04; 

as amended by 69 FR 62217, 10/25/04 

and 71 FR 16862, 4/4/06]; 

(G) Exclusion of Oil-Bearing 

Secondary Materials Processed in a 

Gasification System to Produce 

Synthesis Gas (Non-HSWA—Vacated by 

the U.S. Court of Appeals for the District 

of Columbia Circuit (D.C. Cir. No. 98– 

1379 and 98–1379; June 27, 2014) [73 

FR 52, 1/2/08]; 

(H) Revisions to the Definition of 

Solid Waste (Non-HSWA) [73 FR 64668, 

10/30/08]; 

(I) OECD Requirements; Export 

Shipments of Spent Lead Acid Batteries 

(Non-HSWA—Not delegable to States) 

[75 FR 1236, 1/8/10]; and 

(J) Withdrawal of the Emission 

Comparable Fuel Exclusion (NonHSWA—Vacated by the U.S. Court of 

Appeals for the District of Columbia 

Circuit (D.C. Cir. No. 98–1379 and 98– 

1379; June 27, 2014) [75 FR 33712, 

6/15/10]. 

(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, EPA will 

continue to enforce the Federal HSWA 

standards for which South Dakota is not 

authorized until the State receives 

specific authorization from the EPA. 

(5) Memorandum of Agreement. The 

Memorandum of Agreement between 

EPA Region 8 and the State of South 

Dakota, signed by the Secretary of the 

South Dakota Department of Natural 

Resources on December 14, 2015, and 

by the EPA Regional Administrator on 

February 18, 2016, 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 South Dakota on May 24, 

1984, and revisions, supplements and 

addenda to that Statement dated January 

14, 1991, September 11, 1992, 

September 25, 1992, April 1, 1993, 

September 24, 1993, December 29, 1994, 

September 5, 1995, October 23, 1997, 

October 27, 1997, October 28, 1997, 

November 5, 1999, June 26, 2000, June 

18, 2002, October 19, 2004, May 11, 

2009 and May 5, 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, 


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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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