Federal Register / Vol. 88, No. 184 / Monday, September 25, 2023 / Rules and Regulations 65621 

Dated: September 18, 2023. 

Earthea Nance, 

Regional Administrator, Region 6. 

[FR Doc. 2023–20666 Filed 9–22–23; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 271 and 272 

[EPA–R08–RCRA–2023–0034; FRL 10614– 

02–R8] 

Wyoming: Final Authorization of State 

Hazardous Waste Management 

Program Revisions and Incorporation 

by Reference 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The State of Wyoming 

Department of Environmental Quality 

has applied to the Environmental 

Protection Agency (EPA) for final 

authorization of the changes to its 

hazardous waste program under the 

Resource Conservation and Recovery 

Act (RCRA). The EPA has determined 

that these changes satisfy all 

requirements needed to qualify for final 

authorization and is authorizing the 

State’s changes through this direct final 

action. The EPA uses the regulations 

entitled ‘‘Approved State Hazardous 

Waste Management Programs’’ to 

provide notice of the authorization 

status of State programs and to 

incorporate by reference those 

provisions of State statutes and 

regulations that will be subject to the 

EPA’s inspection and enforcement. This 

rule also codifies in the regulations the 

approval of Wyoming’s hazardous waste 

management program and incorporates 

by reference authorized provisions of 

the State’s regulations. 

DATES: This direct final rule is effective 

on November 24, 2023 unless the EPA 

receives adverse written comment by 

October 25, 2023. If the EPA receives 

any such comment, we will publish a 

timely withdrawal of this direct final 

rule in the Federal Register informing 

the public that the rule will not take 

effect. The Director of the Federal 

Register approves the incorporation by 

reference as of November 24, 2023, in 

accordance with 5 U.S.C. 552(a) and 1 

CFR part 51. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R08– 

RCRA–2023–0034; FRL 10614–02–R8 by 

one of the following methods: 

1. Federal eRulemaking Portal: 

https://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

2. Email: lin.moye@epa.gov. 

3. Fax: (303) 312–6341 (prior to 

faxing, please notify the EPA contact 

listed below). 

4. Mail, Hand Delivery or Courier: 

Moye Lin, Resource Conservation and 

Recovery Branch, EPA Region 8, 

Mailcode 8LCR–RC, 1595 Wynkoop 

Street, Denver, Colorado 80202–1129. 

Courier or hand deliveries are only 

accepted during the Regional Office’s 

normal hours of operation. The public is 

advised to call in advance to verify 

business hours. Special arrangements 

should be made for deliveries of boxed 

information. 

Instructions: The EPA must receive 

your comments by October 25, 2023. 

Direct your comments to EPA–R08– 

RCRA–2023–0034; FRL 10614–02–R8. 

The EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

available online at https://

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 https://

regulations.gov, or email. The Federal 

https://www.regulations.gov website is 

an ‘‘anonymous access’’ system, which 

means the EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to the EPA without 

going through https://

www.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 with any CD 

you submit. If the EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

the EPA may not be able to consider 

your comment. Electronic files should 

avoid the use of special characters, any 

form of encryption, and be free of any 

defects or viruses. 

Docket: All documents in the docket 

are listed in the https://

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. Publicly available docket 

materials are available electronically 

through https://www.regulations.gov. 

For alternative access to docket 

materials, please contact the person 

identified in the FOR FURTHER

INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Moye Lin, Resource Conservation and 

Recovery Branch, EPA Region 8, 1595 

Wynkoop Street, Denver, Colorado 

80202–1129; phone number (303) 312– 

6667; Email address: lin.moye@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 the EPA under RCRA 

section 3006(b), 42 U.S.C. 6926(b), must 

maintain a hazardous waste program 

that is equivalent to, consistent with, 

and no less stringent than the Federal 

program. As the Federal program 

changes, States must change their 

programs and ask the EPA to authorize 

the changes. Changes to State programs 

may be necessary when Federal or State 

statutory or regulatory authority is 

modified or when certain other changes 

occur. Most commonly, States must 

change their programs because of 

changes to the EPA’s regulations in 40 

Code of Federal Regulations (CFR) parts 

124, 260 through 268, 270, 273 and 279. 

B. What authorization decisions has the 

EPA made in this rule? 

On June 17, 2022, Wyoming 

submitted a program revision 

application seeking authorization of 

changes to its hazardous waste program. 

The EPA concludes that Wyoming’s 

applications to revise its authorized 

program meet all of the statutory and 

regulatory requirements established by 

RCRA. Therefore, we grant Wyoming 

final authorization to operate its 

hazardous waste program with the 

changes described in the authorization 

application. Wyoming has responsibility 

for permitting Treatment, Storage, and 

Disposal Facilities (TSDFs), and for 

carrying out the aspects of the RCRA 

program described in its revised 

program application, subject to the 

limitations of the Hazardous and Solid 

Waste Amendments of 1984 (HSWA), 

for all areas within the State, except for 

(1) lands located within formal Indian 

Reservations within or abutting the 

State of Wyoming, including Wind 

River Indian Reservation, (2) any land 

held in trust by the United States for an 

Indian tribe, (3) and any other land, 


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65622 Federal Register / Vol. 88, No. 184 / Monday, September 25, 2023 / Rules and Regulations 

whether on or off a reservation that 

qualifies as ‘‘Indian country’’ within the 

meaning of 18 U.S.C. 1151. New Federal 

requirements and prohibitions imposed 

by Federal regulations that the EPA 

promulgates under the authority of 

HSWA take effect in authorized States 

before they are authorized for the 

requirements. Thus, the EPA will 

implement those requirements and 

prohibitions in Wyoming, including 

issuing permits, until Wyoming is 

authorized to do so. 

C. What is the effect of today’s 

authorization decision? 

The effect of this decision is that a 

facility in Wyoming subject to RCRA 

will have to comply with the authorized 

State requirements instead of the 

equivalent Federal requirements in 

order to comply with RCRA. The State 

of Wyoming will continue to have 

enforcement responsibilities under its 

State hazardous waste program for 

violations of such program, but the EPA 

retains its authority under RCRA 

sections 3007, 3008, 3013, and 7003, 

which include, among others, authority 

to: 

• Conduct inspections and require 

monitoring, tests, analyses, or reports; 

• Enforce RCRA requirements; 

suspend or revoke permits; and 

• Take enforcement actions after 

notice to and consultation with the 

State. 

This action to approve these 

provisions would not impose additional 

requirements on the regulated 

community because the regulations for 

which the State of Wyoming is 

requesting authorization are already 

effective under State law and are not 

changed by the act of authorization. 

D. Why is the EPA using a direct final 

rule? 

The EPA is publishing this rule 

without a prior proposal because we 

view this as a noncontroversial action 

and anticipate no adverse comment. 

However, in the ‘‘Proposed Rules’’ 

section of this issue of the Federal 

Register, we are publishing a separate 

document that will serve as the 

proposed rule allowing the public an 

opportunity to comment. We will not 

institute a second comment period on 

this action. Any parties interested in 

commenting must do so at this time. For 

further information about commenting 

on this rule, see the ADDRESSES section 

of this document. 

E. What happens if the EPA receives 

comments opposing this action? 

If the EPA receives comments that 

oppose this authorization, we will 

publish a timely withdrawal in the 

Federal Register informing the public 

that this direct final rule will not take 

effect. We will address all public 

comments in a later Federal Register 

document. You will not have another 

opportunity to comment, therefore, if 

you want to comment on this action, 

you must do so at this time. 

F. For what has Wyoming previously 

been authorized? 

Wyoming initially received Final 

authorization on October 4, 1995, 

effective October 18, 1995 (60 FR 51925) 

to implement the RCRA hazardous 

waste management program. We granted 

authorization for changes to their 

program on: February 25, 1999, effective 

August 6, 2001 (56 FR 15503); however, 

this authorization was subsequently 

withdrawn on April 23, 1999 (64 FR 

19925) and re-issued with the initial 

effective date of August 6, 2001 (66 FR 

40911). Most recently, the EPA granted 

authorization for changes to Wyoming’s 

program on June 24, 2016, effective 

August 23, 2016 (81 FR 41229). 

G. What changes is the EPA authorizing 

with this action? 

On June 17, 2022, the State of 

Wyoming submitted a program revision 

application seeking authorization of 

their changes in accordance with 40 

CFR 271.21. We now make a final 

decision, subject to receipt of written 

comments that oppose this action, that 

Wyoming’s hazardous waste program 

satisfies all of the requirements 

necessary to qualify for final 

authorization. Therefore, we grant 

Wyoming final authorization for the 

following changes: 

1. Program Revision Changes for Federal 

Rules 

The State of Wyoming revisions 

consist of regulations which specifically 

govern Federal hazardous waste 

revisions promulgated between 

February 7, 2014, and July 7, 2020, 

Revision Checklists 231 through 243, 

(RCRA Clusters XXIII through XXIX). 

The State requirements from its 

Hazardous Waste Rules and 

Regulations, Chapter 1, General 

Provisions, Sections 1 through 279 are 

listed in the chart below. 

Description of federal requirement Federal Register date and 

page Analogous State authority 

Hazardous Waste Electronic Manifest Rule (Checklist 

231).

79 FR 7518; 02/07/14 ........ HWRR, Chapter 1, Sections 3(a)(vii), 260(a) intro., 262 

intro., 263 intro., 263(b), 264(a) intro., 264(a)(vi), and 

265(a) intro. 

Revisions to the Export Provisions of the Cathode Ray 

Tube (CRT) Rule (Checklist 232).

79 FR 36220; 6/26/14 ........ HWRR, Chapter 1, Sections 260(a) intro., 261(a) intro., 

and 261(a)(ii) and (iii). 

[More stringent provision: 261(a)(iii)] 

Revisions to the Definition of Solid Waste (Checklists 

233A, B, C, D2, and E).

80 FR 1694–1814; 01/13/ 

15.

83 FR 24664–24671; 05/ 

30/18.

HWRR, Chapter 1, Sections 260(a) intro., 261(a) intro., 

261(b)(i) and (ii), and 270(a) intro. 

[More stringent provision: 261(b)] 

Response to Vacaturs of the Comparable Fuels Rule 

and the Gasification Rule (Checklist 234).

80 FR 18777; 4/8/15 .......... HWRR, Chapter 1, Section 2(b) and 261(a) intro. 

Disposal of Coal Combustion Residuals from Electric 

Utilities (Checklist 235).

80 FR 21302; 4/17/15 ........ HWRR, Chapter 1, Section 261(a) intro. 

Imports and Exports of Hazardous Waste (Checklist 

236).

81 FR 85696; 11/28/16 ......

82 FR 41015; 8/29/17 ........

83 FR 38263; 8/6/18 ..........

HWRR, Chapter 1, Sections 3(a)(vii), 260(a) intro., 

261(a) intro., 261(a)(ii), 262 intro., 263 intro., 263(a), 

263(b), 263(a)(iii) in 3/18/15 regs. [Removed], 264(a) 

intro., 264(a)(ii), 264(a)(vi), 265(a) intro., 265(a)(iii), 

265(a)(iv), 266(a) intro., 267 intro., and 273(a) intro. 

[More stringent provision: 262(d)] 


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Description of federal requirement Federal Register date and 

page Analogous State authority 

Hazardous Waste Generator Improvements Rule 

(Checklist 237).

81 FR 85732; 11/28/16 ...... HWRR, Chapter 1, Sections 3(f), 260(a) intro., 261(a) 

intro., 261(a)(iv) in 3/18/15 regs. [Removed], 262 

intro., 262(a)(i) in 3/18/15 regs. [Removed], 262(a)(vi) 

in 3/18/15 regs. [Removed], 262(b), 262(c), 262(e), 

262(f), 263 intro., 264(a) intro., 265(a) intro., 266(a) 

intro., 267 intro., 268 intro., 270(a) intro., 273(a) 

intro., and 279 intro. 

[More stringent provision: 3(f), 262(f), 264(a) intro.] 

Confidentiality Determinations for Hazardous Waste Export and Import Documents (Checklist 238).83 FR 60894; 12/26/17 ...... HWRR, Chapter 1, Sections 3(a)(vii), 260(a) intro. and 

261(a) intro., 261(a)(ii) 

Hazardous Waste Electronic Manifest User Fee Rule 

(Checklist 239).

83 FR 420; 01/03/18 .......... HWRR, Chapter 1, Sections 3(a)(vii), 260(a) intro. 262 

intro., 262(a)(iii), 263 intro., 263(a), 264(a) intro., and 

265(a) intro. 

[More stringent provision: 262(d)] 

Safe Management of Recalled Airbags (Checklist 240) .. 83 FR 61552; 11/30/18 ...... HWRR, Chapter 1, Sections 260(a) intro., 261(a) intro., 

and 262 intro. 

Management Standards for Hazardous Waste Pharmaceuticals and Amendment to the P075 Listing for Nicotine (Checklist 241).84 FR 5816; 02/22/19 ........ HWRR, Chapter 1, Sections 261(a) intro., 262 intro., 

264(a) intro., 265(a) intro., 266(a) intro., 268 intro., 

270(a) intro., and 273(a) intro. 

Universal Waste Regulations; Addition of Aerosol Cans 

Checklist 242).

84 FR 67202; 12/9/19 ........ HWRR, Chapter 1, Sections 260(a) intro., 261(a) intro., 

264(a) intro., 265(a) intro., 268 intro., 270(a) intro., 

and 273(a) intro. 

Modernizing Ignitable Liquids Determinations (Checklist 

243).

85 FR 40594; 07/7/20 ........ HWRR, Chapter 1, Sections 260(a) intro. and 261(a) 

intro. 

2. State-Initiated Changes 

Wyoming has made amendments to 

its regulations that are not directly 

related to any of the Federal rules 

addressed in Item G.1 above. These 

State-initiated changes are either 

conforming changes made to existing 

authorized provisions, or the adoption 

of provisions that clarify and make the 

State’s regulations internally consistent. 

The State’s regulations, as amended by 

these provisions, provide authority 

which remains equivalent to and no less 

stringent than the Federal laws and 

regulations. These State-initiated 

changes are submitted under the 

requirements of 40 CFR 271.21(a) and 

include the following provisions from 

the Hazardous Waste Rules and 

Regulations (HWRR), Chapter 1, as 

amended, effective April 7, 2022: HWRR 

2(c), 3(b) ‘‘Administrator’’ or ‘‘Regional 

Administrator’’, 3(c) ‘‘Board’’ or 

‘‘Environmental Appeals Board’’, 3(g) 

‘‘Qualified Professional Geologist’’, 3(h) 

‘‘RCRA’’, 3(k) ‘‘United States’’ or ‘‘U.S.’’, 

4(a) ‘‘Air contaminant’’, 4(b) ‘‘Air 

pollution’’, 4(u) ‘‘One excess cancer per 

million people’’, 4(v) ‘‘Potentially 

exposed populations’’, 4(z) ‘‘Waste 

material’’, 260(a)(i), 260(a)(ii), 264(a)(iv), 

264(d)(iii) introductory paragraph, 

264(h)(i) introductory paragraph, (A) 

and (B), 264(i)(viii), 264(j), 265(b), 

266(b)(iv), 267(a), 270(a)(iv), and 

270(a)(xviii). 

H. Where are the revised State rules 

different from the Federal rules? 

The Wyoming revisions being 

authorized in this rule include 

provisions that contain purely Federal 

functions which are not delegable to 

States. The non-delegable Federal 

program areas include import/export 

requirements reserved as part of the 

Federal foreign relations function, and 

manifest registry and electronic 

manifest functions administered solely 

by the EPA. Wyoming has appropriately 

adopted these provisions by leaving the 

authority with the EPA for 

implementation and enforcement. 

When revised State rules differ from 

the Federal rules in the RCRA State 

authorization process, the EPA 

determines whether the State rules are 

equivalent to, more stringent than, or 

broader in scope than the Federal 

program. Pursuant to RCRA section 

3009, 42 U.S.C. 6929, State programs 

may contain requirements that are more 

stringent than the Federal regulations. 

Such more stringent requirements can 

be federally authorized and, once 

authorized, become federally 

enforceable. Although the statute does 

not prevent States from adopting 

regulations that are broader in scope 

than the Federal program, States cannot 

receive Federal authorization for such 

regulations, and they are not federally 

enforceable. 

We consider the following State 

requirements to be more stringent than 

the Federal requirements: HWRR, 

Chapter 1, Sections 3(f), 3(g), 261(a)(iii), 

261(b), 262(d), and 262(f), for the 

following reasons. 

At Sections 3(f) and 3(g), Wyoming 

requires both professional engineers and 

professional geologists to be registered 

in the State when referring to activities 

requiring Professional Engineer or 

Professional Geologist certification. 

At 261(a)(iii), 262(a)(v), 262(d), and 

262(f), Wyoming requires copies of 

necessary notifications and reports be 

made and submitted to the Director or 

State agency in addition to the required 

Federal notification or reporting. 

The State did not make any changes 

that are broader-in-scope than the 

Federal rules in this rulemaking. In 

addition, Wyoming did not change any 

previously more stringent or broader-inscope provisions to be equivalent to the 

Federal rules. 

I. Who handles permits after the 

authorization takes effect? 

The State of Wyoming will continue 

to issue permits for all the provisions for 

which it is authorized and will 

administer the permits it issues. The 

EPA will continue to administer any 

RCRA hazardous waste permits or 

portions of permits which we issued 

prior to the effective date of this 

authorization, until Wyoming has 

equivalent instruments in place. The 

EPA will implement and issue permits 

for HSWA requirements for which 

Wyoming is not yet authorized. 

J. How does today’s action affect Indian 

Country (18 U.S.C.1151) in Wyoming? 

Wyoming is not authorized to carry 

out its hazardous waste program in 

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

1151. This includes, but is not limited 

to: 

1. Lands within the exterior 

boundaries of the following Indian 


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Reservations located within or abutting 

the State of Wyoming: 

a. Wind River Indian Reservation 

2. Any land held in trust by the U.S. 

for an Indian tribe; and 

3. Any other land, whether on or off 

a reservation that qualifies as Indian 

country within the meaning of 18 U.S.C. 

1151. 

Therefore, this program revision does 

not extend to Indian country where the 

EPA will continue to implement and 

administer the RCRA program. 

II. Incorporation by Reference 

Codification is the process of 

including the statutes and regulations 

that comprise the State’s authorized 

hazardous waste management program 

into the CFR. Section 3006(b) of RCRA, 

as amended, allows the Environmental 

Protection Agency (EPA) to authorize 

State hazardous waste management 

programs. The EPA is incorporating by 

reference EPA’s approval of Wyoming’s 

hazardous waste management program 

by amending Subpart ZZ to 40 CFR part 

272. The action amends § 272.2551 and 

incorporates by reference Wyoming’s 

authorized hazardous waste regulations, 

as amended effective April 7, 2022. The 

State regulations authorized by EPA 

supplant the Federal regulations 

concerning the same matter with the 

result that after authorization EPA 

enforces the authorized regulations as 

described in paragraphs I. and II in this 

Supplementary Information. The EPA 

has made these documents available 

electronically through https://

www.regulations.gov and will continue 

to make these documents available. For 

alternative access to docket materials, 

please contact the person identified in 

the ADDRESSES section of this preamble. 

III. Administrative Requirements 

The Office of Management and Budget 

(OMB) has exempted this action from 

the requirements of Executive Orders 

12866 (58 FR 51735, October 4, 1993) 

and 13563 (76 FR 3821, January 21, 

2011). Therefore, this action is not 

subject to review by OMB. This action 

authorizes and codifies State 

requirements for the purpose of RCRA 

3006 and imposes no additional 

requirements beyond those imposed by 

State law. Accordingly, I certify that this 

action will not have a significant 

economic impact on a substantial 

number of small entities under the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.). Because this action authorizes 

and codifies pre-existing requirements 

under State law and does not impose 

any additional enforceable duty beyond 

that required by State law, it does not 

contain any unfunded mandate or 

significantly or uniquely affect small 

governments, as described in the 

Unfunded Mandates Reform Act of 1995 

(Pub. L. 104–4). For the same reason, 

this action also does not significantly or 

uniquely affect the communities of 

Tribal governments, as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000). This action will not 

have substantial direct effects on the 

States, on the relationship between the 

national government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999), because it merely 

authorizes and codifies State 

requirements as part of the State RCRA 

hazardous waste program without 

altering the relationship or the 

distribution of power and 

responsibilities established by RCRA. 

This action also is not subject to 

Executive Order 13045 (62 FR 19885, 

April 23, 1997), because it is not 

economically significant, and it does not 

make decisions based on environmental 

health or safety risks. This rule is not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001), because it is not a significant 

regulatory action under Executive Order 

12866. 

Under RCRA 3006(b), the EPA grants 

a State’s application for authorization as 

long as the State meets the criteria 

required by RCRA. It would thus be 

inconsistent with applicable law for the 

EPA, when it reviews a State 

authorization application, to require the 

use of any particular voluntary 

consensus standard in place of another 

standard that otherwise satisfies the 

requirements of RCRA. Thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. As required by 

section 3 of Executive Order 12988 (61 

FR 4729, February 7, 1996), in issuing 

this rule, the EPA has taken the 

necessary steps to eliminate drafting 

errors and ambiguity, minimize 

potential litigation, and provide a clear 

legal standard for affected conduct. The 

EPA has complied with Executive Order 

12630 (53 FR 8859, March 15, 1988) by 

examining the takings implications of 

the rule in accordance with the 

‘‘Attorney General’s Supplemental 

Guidelines for the Evaluation of Risk 

and Avoidance of Unanticipated 

Takings’’ issued under the executive 

order. This rule does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3501 et seq.). 

Executive Order 12898 (59 FR 7629, 

February 16, 1994) establishes federal 

executive policy on environmental 

justice. Its main provision directs 

federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

Because this rule authorizes pre-existing 

State rules which are at least equivalent 

to, and no less stringent than existing 

Federal requirements and imposes no 

additional requirements beyond those 

imposed by State law, and there are no 

anticipated significant adverse human 

health or environmental effects, the rule 

is not subject to Executive Order 12898. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. The EPA will 

submit a report containing this 

document and other required 

information to the U.S. Senate, the U.S. 

House of Representatives, and the 

Comptroller General of the United 

States prior to publication in the 

Federal Register. A major rule cannot 

take effect until 60 days after it is 

published in the Federal Register. This 

action is not a ‘‘major rule’’ as defined 

by 5 U.S.C. 804(2). This action will be 

effective November 24, 2023. 

List of Subjects 

40 CFR Part 271 

Environmental protection, 

Administrative practice and procedure, 

Confidential business information, 

Hazardous waste, Hazardous waste 

transportation, Indian lands, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements. 

40 CFR Part 272 

Hazardous materials transportation, 

Hazardous waste, Incorporation by 

reference, Intergovernmental relations, 

Water pollution control, Water supply. 

Authority: This rule is issued under the 

authority of Sections 2002(a), 3006 and 

7004(b) of the Solid Waste Disposal Act as 

amended, 42 U.S.C. 6912(a), 6926, 6974(b). 


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Dated: August 31, 2023. 

KC Becker, 

Regional Administrator, Region 8. 

For the reasons set forth in the 

preamble, under the authority at 42 

U.S.C. 6912(a), 6926, and 6974(b), the 

EPA is amending 40 CFR part 272 as 

follows: 

PART 272—APPROVED STATE 

HAZARDOUS WASTE MANAGEMENT 

PROGRAMS 

■ 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 § 272.2551 to read as 

follows: 

§ 272.2551 Wyoming State-Administered 

Program: Final Authorization. 

(a) History of the State of Wyoming 

authorization. Pursuant to section 

3006(b) of RCRA, 42 U.S.C. 6926(b), 

Wyoming has final authorization for the 

following elements as submitted to the 

EPA in Wyoming’s base program 

application for final authorization 

which was approved by the EPA 

effective on October 18, 1995. 

Subsequent program revision 

applications were approved effective on 

August 6, 2001, August 23, 2016, and 

November 24, 2023. 

(b) Enforcement authority. The State 

of Wyoming has primary responsibility 

for enforcing its hazardous waste 

management program. However, the 

EPA retains the authority to exercise its 

inspection and enforcement authorities 

in accordance with sections 3007, 3008, 

3013, 7003 of RCRA, 42 U.S.C. 6927, 

6928, 6934, 6973, and any other 

applicable statutory and regulatory 

provisions, regardless of whether the 

State has taken its own actions, as well 

as in accordance with other statutory 

and regulatory provisions. 

(c) State Statutes and Regulations— 

(1) Incorporation by reference. The 

Wyoming regulations cited in paragraph 

(c)(1)(i) of this section are incorporated 

by reference as part of the hazardous 

waste management program under 

Subtitle C of RCRA, 42 U.S.C. 6921 et 

seq. The Director of the Federal Register 

approves this incorporation by reference 

in accordance with 5 U.S.C. 552(a) and 

1 CFR part 51. For the availability of 

this information at the National 

Archives and Records Administration 

(NARA) and at the EPA, see § 272.2. 

You may access copies of the Wyoming 

regulations that are incorporated by 

reference in this paragraph from the 

Wyoming Secretary of State’s Office, 

Herschler Building East, 122 West 25th 

Street, Suite 100, Cheyenne, WY 82002– 

0020, (Phone: (307) 777–5847; website: 

https://rules.wyo.gov/). 

(i) ‘‘EPA-Approved Wyoming 

Regulatory Requirements Applicable to 

the Hazardous Waste Management 

Program,’’ dated December 2022. 

(ii) [Reserved] 

(2) Legal basis. The following 

provisions provide the legal basis for the 

State’s implementation of the hazardous 

waste program, but they are not being 

incorporated by reference and do not 

replace Federal authorities: 

(i) Wyoming Statutes Annotated 

(W.S.), as amended, 2021 Edition, Title 

16, City, County, State, and Local 

Powers: Chapter 1, Intergovernmental 

Cooperation, section 16–1–101; Chapter 

3, Administrative Procedure, sections 

16–3–101(b)(vi), 16–3–103(h), 16–3– 

107(k); Chapter 4, Uniform Municipal 

Fiscal Procedures, Public Records, 

Documents and Meetings, sections 16– 

4–201 through 16–4–205. 

(ii) W.S., as amended, 2021 Edition, 

Title 35, Public Health and Safety: 

Chapter 11, Environmental Quality, 

Article 1, General Provisions, sections 

35–11–102, 35–11–103(a), 35–11– 

103(d)(i), 35–11–103(d)(ii), 35– 

103(d)(vii), 35–11–104 through 35–11– 

106, 35–11–108 through 35–11–115; 

Article 5, Solid Waste Management, 

sections 35–11–501 through 35–11–503 

(except 35–11–503(b) and (c)), 35–11– 

504 through 35–11–506, 35–11–508, 35– 

11–509, 35–11–514, 35–11–516, 35–11– 

518 through 35–11–520; Article 9, 

Penalties, sections 35–11–901(a), (j), and 

(k); Article 11, Miscellaneous 

Provisions, sections 35–11–1101, 35– 

11–1105(d), 35–11–1106(a)(iv); Article 

16, Voluntary Remediation of 

Contaminated Sites, section 35–11– 

1607(e). 

(iii) Wyoming Rules of Civil 

Procedure, as amended, Rule 24. 

(iv) Wyoming Hazardous Waste Rules 

and Regulations, Chapter 1, General 

Provisions: sections 1(a) through (c); 

2(a) (except (a)(1)), (d) and (e); 124 

(except 124(g)(v)); 260(b)(ii); and 270(m) 

through 270(o). 

(v) Wyoming Department of 

Environmental Quality, Rules of 

Practice and Procedure, as amended 

February 14, 1994, Chapter III. 

(3) Related legal provisions. The 

following statutory and regulatory 

provisions are broader in scope than the 

Federal program, are not part of the 

authorized program, are not 

incorporated by reference and are not 

federally enforceable: 

(i) W.S., as amended, 2021 Edition, 

Title 35, Public Health and Safety: 

Chapter 11, Environmental Quality, 

Article 5, Solid Waste Management, 

section 35–11–517; Chapter 12, 

Industrial Development and Siting, 

sections 35–12–101, et seq. 

(ii) Wyoming Solid and Hazardous 

Waste Management Rules, Chapter 1, 

General Provisions: sections 264(d)(i) 

[with respect to the Wyoming Voluntary 

Remediation Program only]; 264(d)(ii); 

and 270(l). 

(iii) [Reserved] 

(4) Unauthorized State Amendments. 

Wyoming has adopted but is not 

authorized for the following Federal 

final rules: 

(i) Imports and Exports of Hazardous 

Waste: Implementation of OECD 

Council Division (61 FR 16290, April 

12, 1996) (HSWA—Not delegable to 

States); and 

(ii) OECD Requirements; Export 

Shipments of Spent Lead Acid Batteries 

(75 FR 1236, January 8, 2010) (NonHSWA—Not delegable to States). 

(iii) Those Federal rules written under 

RCRA provisions that predate HSWA 

(non-HSWA) which the State has 

adopted, but for which it is not 

authorized, are not Federally 

enforceable. In contrast, the EPA will 

continue to enforce the Federal HSWA 

standards for which Wyoming is not 

authorized until the State receives 

specific authorization from the EPA. 

(5) Memorandum of Agreement. The 

Memorandum of Agreement between 

the EPA Region 8 and the State of 

Wyoming, signed by the State of 

Wyoming Department of Environmental 

Quality on March 7, 2016, and by the 

EPA Regional Administrator on July 28, 

2016, although not incorporated by 

reference, are referenced as part of the 

authorized hazardous waste 

management program under subtitle C 

of RCRA, 42 U.S.C. 6921 et seq. 

(6) Statement of Legal Authority. 

‘‘Independent Legal Counsel 

Statement’’, accompanied by an 

Attorney General concurrence letter 

signed by the Attorney General of 

Wyoming on July 14, 1995, and 

revisions, supplements and addenda to 

that Statement accompanied by 

Attorney General concurrence letters 

dated December 9, 1997, May 11, 2015, 

and May 25, 2022, although not 

incorporated by reference, are 

referenced as part of the authorized 

hazardous waste management program 

under subtitle C of RCRA, 42 U.S.C. 

6921 et seq. 

(7) Program Description. The Program 

Description and any other materials 

submitted as supplements thereto, 

although not incorporated by reference, 

are referenced as part of the authorized 

hazardous waste management program 


ddrumheller on DSK120RN23PROD with RULES1
65626 Federal Register / Vol. 88, No. 184 / Monday, September 25, 2023 / Rules and Regulations 

under subtitle C of RCRA, 42 U.S.C. 

6921 et seq. 

■ 3. Appendix A to part 272, State 

Requirements, is amended by revising 

the listing for ‘‘Wyoming’’ to read as 

follows: 

Appendix A to Part 272—State 

Requirements 

* * * * * 

Wyoming 

The regulatory provisions include: 

Wyoming Hazardous Waste Rules and 

Regulations, as amended effective April 7, 

2022, Chapter 1, General Provisions, sections 

2(b), 2(c); 3; 4; 124(g)(v); 260 (except 

260(b)(ii)); 261; 262; 263; 264(a) through 

264(c), 264(d)(i) (except the citation ‘‘W.S. 

35–11–1607’’ and the phrase ‘‘or a signed 

remedy agreement pursuant to W.S. 35–11– 

1607’’ in the first sentence), 264(d)(iii), 264(e) 

through 264(j); 265; 266; 267; 268; 270(a) 

through 270(k); 273; and 279. 

Copies of the Wyoming regulations that are 

incorporated by reference are available from 

the Wyoming Secretary of State’s Office, 

Herschler Building East, 122 West 25th 

Street, Suite 100, Cheyenne, WY 82002– 

0020, (Phone: (307) 777–5847; website: 

https://rules.wyo.gov/). 

[FR Doc. 2023–20523 Filed 9–22–23; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 140722613–4908–02;RTID 0648– 

XD394] 

Coastal Migratory Pelagic Resources 

of the Gulf of Mexico and Atlantic 

Region; Commercial Closure for 

Atlantic Spanish Mackerel in the 

Northern Zone 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS implements an 

accountability measure (AM) for 

commercial Spanish mackerel in the 

northern zone of the Atlantic exclusive 

economic zone (EEZ). NMFS projects 

that the commercial quota for Spanish 

mackerel in the northern zone of the 

Atlantic EEZ has been reached. 

Therefore, NMFS closes the northern 

zone for commercial harvest of Spanish 

mackerel to protect the Spanish 

mackerel resource in the Atlantic. 

DATES: This temporary rule is effective 

from 12:01 a.m. eastern time on 

September 25, 2023, through February 

29, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Mary Vara, NMFS Southeast Regional 

Office, telephone: 727–824–5305, or 

email: mary.vara@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

fishery for coastal migratory pelagic fish 

in the Atlantic includes king mackerel, 

Spanish mackerel, and cobia on the east 

coast of Florida, and is managed under 

the Fishery Management Plan for 

Coastal Migratory Pelagic Resources of 

the Gulf of Mexico and Atlantic Region 

(FMP). The FMP was prepared by the 

Gulf of Mexico and South Atlantic 

Fishery Management Councils. The 

FMP is implemented by NMFS under 

the authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act) through 

regulations at 50 CFR part 622. All 

weights described for Spanish mackerel 

in the Atlantic EEZ apply as either 

round or gutted weight. 

The commercial annual catch limit 

(equal to the commercial quota) for the 

Atlantic migratory group of Spanish 

mackerel (Atlantic Spanish mackerel) is 

3.33 million lb (1.51 million kg). 

Atlantic Spanish mackerel are divided 

into northern and southern zones for 

management purposes. The commercial 

quota for Atlantic Spanish mackerel in 

the northern zone is 662,670 lb (300,582 

kg) for the current fishing year, which 

is March 1, 2023, through February 29, 

2024 (50 CFR 622.384(c)(2)(i)). 

The northern zone for Spanish 

mackerel extends in the Atlantic EEZ 

from New York through North Carolina. 

The northern boundary of the northern 

zone extends from an intersection point 

off New York, Connecticut, and Rhode 

Island at 41°18′16.249′′ N latitude and 

71°54′28.477′′ W longitude, and 

proceeds southeast to 37°22′32.75′′ N 

latitude and the intersection point with 

the outward boundary of the EEZ. The 

southern boundary of the northern zone 

extends from the North Carolina and 

South Carolina state border along a line 

in a direction of 135°34′55′′ from true 

north beginning at 33°51′07.9′′ N 

latitude and 78°32′32.6′′ W longitude to 

the intersection point with the outward 

boundary of the EEZ (50 CFR 

622.369(b)(2)). See Figure 2 of appendix 

G to part 622—Spanish Mackerel for an 

illustration of the management zones. 

Regulations at 50 CFR 622.388(d)(1)(i) 

require NMFS to close the commercial 

sector for Atlantic Spanish mackerel in 

the northern zone when the commercial 

quota for that zone is reached, or is 

projected to be reached, by filing such 

a notification with the Office of the 

Federal Register. NMFS projects that the 

commercial quota of 662,670 lb (300,582 

kg) for Atlantic Spanish mackerel in the 

northern zone has been reached. 

Accordingly, the commercial sector for 

Atlantic Spanish mackerel in the 

northern zone is closed effective at 

12:01 a.m. eastern time on September 

25, 2023, through February 29, 2024, the 

end of the current fishing year. 

During the commercial closure, a 

person on a vessel that has been issued 

a valid Federal commercial permit to 

harvest Atlantic Spanish mackerel may 

continue to retain this species in the 

northern zone under the recreational 

bag and possession limits specified in 

50 CFR 622.382(a)(1)(iii) and (2)(i), if 

recreational harvest of Atlantic Spanish 

mackerel in the northern zone has not 

been closed (50 CFR 622.384(e)(1)). 

Also during the closure, Atlantic 

Spanish mackerel from the northern 

zone, including those fish harvested 

under the recreational bag and 

possession limits, may not be purchased 

or sold. This prohibition does not apply 

to Atlantic Spanish mackerel from the 

northern zone that were harvested, 

landed ashore, and sold prior to the 

closure and were held in cold storage by 

a dealer or processor (50 CFR 

622.384(e)(2)). 

Classification 

NMFS issues this action pursuant to 

section 305(d) of the Magnuson-Stevens 

Act. This action is required by 50 CFR 

622.388(d)(1)(i), which was issued 

pursuant to section 304(b) of the 

Magnuson-Stevens Act, and is exempt 

from review under Executive Order 

12866. 

Pursuant to 5 U.S.C. 553(b)(B), there 

is good cause to waive prior notice and 

an opportunity for public comment on 

this action, as notice and comment are 

unnecessary and contrary to the public 

interest. Such procedures are 

unnecessary because the rule 

implementing the commercial quota and 

the associated AM has already been 

subject to notice and public comment, 

and all that remains is to notify the 

public of the closure. Such procedures 

are also contrary to the public interest 

because of the need to immediately 

implement the closure to protect 

Atlantic Spanish mackerel, because the 

capacity of the fishing fleet allows for 

rapid harvest of the commercial quota. 

Prior notice and opportunity for public 

comment would require time and could 

result in additional harvest in 

exceedance of the established 

commercial quota. 

For the same reasons, there is good 

cause to waive the 30-day delay in the 

effectiveness of this action under 5 

U.S.C. 553(d)(3). 


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