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[Federal Register Volume 81, Number 122 (Friday, June 24, 2016)]
[Rules and Regulations]
[Pages 41229-41235]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14284]

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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.

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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

[[Page 41230]]

regulations, it is often appropriate for the states to seek 
authorization for the changes.

B. What decisions have we made in this rule?

    We conclude that Wyoming's application to revise its authorized 
program meets all of the statutory and regulatory requirements 
established by RCRA. Therefore, we grant Wyoming final authorization to 
operate its hazardous waste program with the changes described in the 
authorization application. Wyoming has responsibility for permitting 
Treatment, Storage, and Disposal Facilities (TSDFs), and for carrying 
out the aspects of the RCRA program described in its revised program 
application, subject to the limitations of the Hazardous and Solid 
Waste Amendments of 1984 (HSWA), for all areas within the State, except 
for ``Indian country'' as defined in 18 U.S.C. 1151.
    New Federal requirements and prohibitions imposed by Federal 
regulations that the EPA promulgates under the authority of HSWA take 
effect in authorized states before they are authorized for the 
requirements. Thus, the EPA will implement those requirements and 
prohibitions in Wyoming, including issuing permits, until Wyoming is 
authorized to do so.

C. What is the effect of this authorization decision?

    The effect of this decision is that a facility in Wyoming subject 
to RCRA will have to comply with the authorized State requirements 
instead of the equivalent Federal requirements in order to comply with 
RCRA. Wyoming has enforcement responsibilities under its State 
hazardous waste program for violations of such program, but the EPA 
retains its authority under RCRA sections 3007, 3008, 3013, and 7003, 
which include, among others, authority to:
     Conduct inspections and require monitoring, tests, 
analyses, or reports;
     Enforce RCRA requirements; suspend or revoke permits; and,
     Take enforcement actions regardless of whether Wyoming has 
taken its own actions.
    This action does not impose additional requirements on the 
regulated community because the regulations for which Wyoming is being 
authorized by this direct action are already effective under State law 
and are not changed by this action.

D. Why is the EPA using a direct final rule?

    The EPA is publishing this rule without a prior proposal because we 
view this as a noncontroversial action and anticipate no adverse 
comment. However, in the ``Proposed Rules'' section of this Federal 
Register, we are publishing a separate document that will serve as the 
proposed rule to authorize the State program changes if adverse 
comments are received on this direct final rule. We will not institute 
a second comment period on this action. Any parties interested in 
commenting must do so at this time. For further information about 
commenting on this rule, see the ADDRESSES section of this document.

E. What happens if EPA receives comments opposing this action?

    If the EPA receives comments that oppose this authorization, we 
will address all public comments in a later Federal Register. You will 
not have another opportunity to comment, therefore, if you want to 
comment on this action, you must do so at this time.

F. For what has Wyoming previously been authorized?

    Wyoming initially received final authorization on October 4, 1995, 
effective October 18, 1995 (60 FR 51925) to implement the RCRA 
hazardous waste management program. We granted authorization for 
changes to their program on February 25, 1999, effective August 6, 2001 
(56 FR 15503); however, this authorization was subsequently withdrawn 
on April 23, 1999 (64 FR 19925) and re-issued with the initial 
effective date of August 6, 2001 (66 FR 40911).
    After the 2001 authorization, the State of Wyoming repealed the 
existing text of the State's hazardous waste regulations and replaced 
it with text that incorporates by reference the Federal regulations in 
40 CFR part 124, subparts A, B, and G, and parts 260 through 268, 270, 
273, and 279 in the Wyoming Department of Environmental Quality 
Hazardous Waste Management Rules, Chapter 1, General Provisions, 
effective March 18, 2015.
    The incorporation by reference (IBR) format for the rules allows 
the State of Wyoming to provide a more concise, easy to use set of 
rules that details the differences between the Federal and State rules. 
The IBR format also shows in detail which Wyoming rules are more 
stringent than, or broader in scope than, the Federal hazardous waste 
regulations. The new rules were presented to the Wyoming Water and 
Waste Advisory Board (WWAB) in July 2014 and the WWAB recommended that 
the rules package could move forward to the Wyoming Environmental 
Quality Council (EQC) in September 2014. The State's new rules were 
presented to the EQC on January 15, 2015, and were approved unanimously 
by the EQC on the same day. A total of two public notices in June and 
July 2014 and October through December 2014 were conducted as part of 
the State rule-making process. The rules were finalized for the 
purposes of State adoption on March 31, 2015. Wyoming has adopted 
Federal rules promulgated through January 31, 2014 (date certain) in 
Title 40 of the Code of Federal Regulations (40 CFR), with the 
exceptions detailed in its Hazardous Waste Management Rules and 
Consolidated Checklists submitted by the State as part of its 
authorization application package. For detailed information regarding 
the regulatory transition, see the Wyoming Department of Environmental 
Quality Hazardous Waste Program, Program Description for Revision 6 
Request for Reauthorization, dated May 22, 2015, as revised November 
24, 2015; specifically, Attachment D: General Correspondence Between 
Previous State Rules, Current State IBR Rules, and Federal Rules and 
Attachment E: General Correspondence Between Previous State Rules, 
Current State IBR Rules and Federal Statutes.
    As a result of the State's adoption of the IBR format, Wyoming is 
seeking reauthorization for the hazardous waste regulatory program 
administered by the DEQ, as authorized under the Federal Resource 
Conservation Recovery Act (RCRA), and addressed in the following 
authorization Federal Register actions: 60 FR 51925 (October 4, 1995) 
and 66 FR 40911 (August 6, 2001). Wyoming is also seeking authorization 
for the Federal rule published on February 9, 1995 (60 FR 7824), as 
amended on April 17, 1995 (60 FR 19165) and May 12, 1995 (60 FR 25619) 
[Revision Checklist 140]), and specific Federal rules promulgated from 
March 26, 1996 through January 31, 2014. The State hazardous waste 
program for which authorization is sought does not include a request 
for authorization on Indian lands within the State.

G. What changes are we authorizing with this action?

    Wyoming submitted a final complete program revision application on 
February 4, 2016, seeking authorization of their changes in accordance 
with 40 CFR 271.21. We now make an immediate final decision, subject to 
receipt of written comments that oppose

[[Page 41231]]

this action that Wyoming's hazardous waste program revision satisfies 
all of the requirements necessary to qualify for final authorization. 
Therefore, we grant Wyoming final authorization for the program 
modifications contained in the State's program revision application, 
which includes State regulatory changes that are no less stringent than 
the Federal hazardous waste regulations as they appear in the 40 CFR, 
revised as of January 31, 2014, except for the final rules published on 
May 15, 2000 (65 FR 30886; Checklist 186), April 22, 2004 (69 FR 21737, 
as amended on October 25, 2004 69 FR 62217; Checklist 204); April 4, 
2006 (71 FR 16862; Checklist 213); October 30, 2008 (73 FR 64668; 
Revisions to the Definition of Solid Waste; Checklist 219); and 
December 19, 2008 (73 FR 77954, Checklist 221). The State requirements 
from its Department of Environmental Quality Hazardous Waste Rules and 
Regulations (HWRR), effective March 18, 2015, are included in the chart 
below.

------------------------------------------------------------------------
   Description of Federal requirement     Analogous state authority \1\
------------------------------------------------------------------------
1. 40 CFR part 124, subpart A (except    HWRR, Chapter 1, Sections 2(a)
 Sections 124.1, 124.4, 124.5(c),         and 124. [More stringent
 124.5(e)-(g), 124.6(c),                  provisions: 124(a)(v);
 124.6(d)(4)(ii)-(v), 124.8(b)(3),        124(b)(i); 124(b)(iii) second
 124.8(b)(8), 124.9(b)(6),                sentence; 124(b)(iii)(A)
 124.10(a)(1)(iv)-(v), 124.10(c)(1)(iv)-  through (C); 124(b)(iv);
 (viii), 124.10(c)(2)(i),                 124(d)(i); 124(d)(ii); and
 124.10(d)(1)(vii)-(viii),                124(e)(iii)].
 124.10(d)(2)(iv), 124.12(b),
 124.15(b)(2), 124.16, 124.18(b)(5),
 124.19, and 124.21); subpart B (except
 the fourth sentence of 124.31(a), the
 third sentence of 124.32(a), and the
 second sentence of 124.33(a)); and
 subpart G (except 124.204(d)(1) and
 (4), 124.205(a) and (h)).
2. 40 CFR part 260, except for the       Wyoming Department of
 following provisions: 260.2, 260.10      Environmental Quality (WDEQ)
 (definitions of ``Performance Track      Rules of Practice and
 member facility'', ``remediation waste   Procedure, as amended February
 management site'', and the third part    14, 1994, Chapter III;
 of the definition for ``facility''),    HWRR, Chapter 1, Sections 2(a),
 260.20(d) and (e), and the October 30,   2(b), 3, 4, and 260. [More
 2008 Definition of Solid Waste, (73 FR   stringent provision:
 62668).                                  260(b)(ii)].
                                         Note:
                                         (1) Section 2 addresses: (a)
                                          The date of the Federal
                                          regulations that Wyoming has
                                          incorporated by reference; (b)
                                          Federal rules explicitly
                                          excluded from the State's
                                          rule; (c) references to the
                                          State's more stringent and
                                          broader in scope provisions;
                                          and (d) the availability of
                                          all referenced Federal and
                                          Wyoming materials.
                                         (2) Section 3 addresses the
                                          substitution of State terms
                                          for Federal terms in order to
                                          make the Federal regulations
                                          incorporated by reference
                                          specific to Wyoming.
                                         (3) Section 4 addresses Wyoming-
                                          specific definitions and
                                          provisions needed to provide
                                          additional clarity to the
                                          State's regulations.
3. 40 CFR part 261, except for the       HWRR, Chapter 1, Sections 2(a),
 following provisions: 261.4(b)(11),      3(a)(x), 3(a)(xiii) and 261.
 261.4(b)(16), 261.4(b)(17), subpart H,   [More stringent provision:
 Appendix IX, the language ``in the       261(a)(iii) and 261(b)].
 Region where the sample is collected''
 in 261.4(e)(3)(iii), and the changes
 associated with 73 FR 62668, October
 30, 2008 (Definition of Solid Waste).
4. 40 CFR part 262, except for the       HWRR, Chapter 1, Sections 2(a)
 following provisions: 262.10(j) and      and 262. [More stringent
 (k), 262.34(j)-(l), subparts I and J,    provisions: 262(a)(iii) and
 and the language ``for the Region in     262(a)(v)].
 which the generator is located'' in 40
 CFR 262.42(a)(2) and 262.42(b).
5. 40 CFR part 263, except for the       HWRR, Chapter 1, Sections 2(a)
 following provision: 263.20(a)(3)        and 263. [More stringent
 which addresses compliance dates for     provisions: 263(a)(iv)].
 manifest form revisions for dates
 which have passed.
6. 40 CFR part 264, except for the       HWRR, Chapter 1, Sections 2(a)
 following provisions: 40 CFR 264.1(f),   and 264(a)-(d); 264(e)(i)
 264.1(g)(12), 264.1(j), 264.15(b)(5),    (except the citation `` W.S.
 264.70(b), 264.73(b)(17), 264.101(d),    35-11-1607 '' and the phrase
 264.147(k), 264.149, 264.150,            ``or signed remedy agreement
 264.195(e), 264.301(l), 264.314(e),      pursuant to W.S. 35-11-1607 ''
 264.554(l)(2), 264.1030(d),              in the first sentence of
 264.1050(g), and 264.1080(e) through     264(e)(i); 264(e)(iii)(A) and
 (g).                                     (B); and 264(f) through
                                          264(m). [More stringent
                                          provisions: 264(a)(iv);
                                          264(a)(v); 264(a)(vii);
                                          264(a)(x); 264(a)(xi); 264(h);
                                          264(i); 264(l); and 264(m)].
                                          [Broader-in-scope provisions:
                                          264(e)(i) and (ii)].
7. 40 CFR part 265, except for the       HWRR, Chapter 1, Sections 2(a)
 following provisions: Subpart R, 40      and 265. [More stringent
 CFR 265.1(c)(4), 265.15(b)(5),           provisions: 265(a)(iv) through
 265.15(c)(15), 265.70(b), 265.147(k),    (vi); 265(a)(ix); 265(a)(x);
 265.149, 265.150, 265.195(d),            265(e); and 265(f)].
 265.1030(c), 265.1050(f), 265.1080(e),
 265.1080(f), and 265.1080(g).
8. 40 CFR part 266.....................  HWRR, Chapter 1, Sections 2(a)
                                          and 266. [More stringent
                                          provisions: 266(b)(i) through
                                          (b)(vi); and 266(b)(viii)].
9. 40 CFR part 267, except 267.150.....  HWRR, Chapter 1, Sections 2(a)
                                          and 267. [More stringent
                                          provisions: 267(a)(ii);
                                          267(a)(iii); and 267(b)].
10. 40 CFR part 268, except 268.5,       HWRR, Chapter 1, Sections 2(a)
 268.6, 268.13, 268.42(b), 268.44(a)-     and 268.
 (g), and 268.44(o).
11. 40 CFR part 270 except for the       HWRR, Chapter 1, Sections 2(a),
 following provisions:                    3(a)(ii), 3(a)(v), 3(a)(vi)
 270.1(c)(1)(iii), 270.1(c)(2)(ix),       through 3(a)(ix), and 270
 270.11(d)(2), 270.13(k)(7),              (except 270(n). [More
 270.14(b)(18), 270.42(l), 270.42         stringent provisions:
 (Appendix I, Part A, Entries 9 and 10,   270(a)(iv); 270(a)(ix);
 and Part O Entry (1)(a)-(d)), 270.51,    270(a)(x); 270(a)(xii);
 270.60(a), 270.64, 270.68, 270.73(a),    270(a)(xx); 270(b) through
 subpart H (40 CFR 270.79-270.230),       (e); 270(h); and 270(j)
 270.260(h), and 270.290(r).              through (m)]. [Broader-in-
                                          scope provision: 270(n)].
12. 40 CFR part 273....................  HWRR, Chapter 1, Sections 2(a)
                                          and 273.
13. 40 CFR part 279....................  HWRR, Chapter 1, Sections 2(a)
                                          and 279.
------------------------------------------------------------------------
\1\ Items described as more stringent or broader-in-scope are discussed
  in detail in Section H of this rule.

[[Page 41232]]

H. Where are the revised State rules different from the Federal rules?

    1. EPA considers several Wyoming requirements to be more stringent 
than the Federal requirements. These requirements are part of Wyoming's 
authorized program and are federally enforceable. The specific more 
stringent provisions include, but are not limited to, the following:

    a. Permitting Program and Procedures: At 124(a)(v), 124(b)(i), 
124(b)(iii) second sentence and 124(b)(iii)(A) through (C), 
124(b)(iv), 124(d)(i), 124(d)(ii), 124(e)(iii), 270(a)(iv), 
270(a)(ix), 270(a)(x), 270(a)(xii), 270(a)(xx), 270(b), 
270(c)(i)(A), 270(c)(i)(B), 270(d)(i) introductory paragraph and 
(i)(A), 270(d)(i)(B), 270(d)(i)(C), 270(e), 270(h)(i), and 270(m) 
Wyoming has additional permitting procedure requirements (e.g., 
Wyoming's section 124(e)(iii) is more stringent than 40 CFR 
124.12(a)(3) and (a)(4) in that the State requires a hearing to be 
scheduled within 20 days after the close of the public comment, 
unless a different schedule is deemed necessary by the Council. The 
State also requires a public notice to be published once a week for 
two consecutive weeks immediately prior to the hearing in the county 
where the applicant plans to locate the facility);
    b. Notifications and Reports: At 261(a)(iii), 262(a)(iii), 
262(a)(v), 263(a)(iv), 264(a)(v), 265(a)(iv), 265(a)(v), 265(a)(ix), 
and 267(a)(iii), Wyoming requires copies of necessary notifications 
and reports be made and submitted to the Director or State agency in 
addition to the required Federal notification or reporting;
    c. Location Standards: At both 264(a)(iv) and 267(a)(ii), 
Wyoming prohibits new facilities from being located in a 100-year 
floodplain;
    d. Health and Environment Risk Assessment and Minimization: At 
264(a)(vii), 264(l), 264(m), and 270(l) the State requires facility 
owners or operators to demonstrate the ability to take and continue 
to take steps to prevent threats to human health and the environment 
including additional provisions for the assessment of health risks 
from facilities associated with normal operation or failure of a 
hazardous waste management facility pollution control or containment 
system;
    e. Landfill Prohibition: At 264(a)(x), 264(a)(xi), and 265(a)(x) 
Wyoming prohibits the placement of nonhazardous liquid waste in 
landfills;
    f. State Registration of Professional Engineers and Geologists: 
At 264(h), 264(i), 265(e), 265(f), 267(b), 270(j), and 270(k), 
Wyoming requires both professional engineers and professional 
geologists to be registered in the State when referring to 
activities requiring Professional Engineer or Professional Geologist 
certification;
    g. Military Munitions: At 266(b)(i), 266(b)(iii) through (v), 
and 266(b)(viii) Wyoming has additional requirements for military 
munitions (e.g., at 266(b)(i) the State requires the operator of the 
range to notify the Director in writing if remedial action for these 
types of waste is infeasible); and
    h. Remedial Action Plans (RAPs): Wyoming has chosen not to adopt 
the less stringent Remedial Action Plan (RAP) alternate permit for 
remediation management sites addressed in the final rule published 
on November 30, 1998 (63 FR 65874).

    2. The EPA considers several State requirements to be broader-in-
scope than the Federal program. Although a facility must comply with 
these requirements in accordance with State law, they are not RCRA 
requirements. Broader-in-scope requirements are not part of the 
authorized program and EPA cannot enforce them. The specific broader-
in-scope provisions include the following:

    a. Wyoming Voluntary Remediation Program: At 264(e)(i) and (ii) 
[with respect to the Wyoming Voluntary Remediation Program only] the 
State makes the Corrective Action Management Unit program 
requirements available to participants in the State of Wyoming 
Voluntary Remediation Program who would otherwise not be regulated 
under the RCRA program; and
    b. Permitting Program and Procedures: At 270(n), Wyoming 
requires an applicant for a permit to demonstrate fitness by 
requiring that the past performance of the applicant or any 
partners, executive officers, or corporate directors, be reviewed.

    Wyoming did not change any previously more stringent or broader-in-
scope provisions to be equivalent to the Federal rules.
    3. The EPA will continue to implement certain Federal requirements 
that the EPA cannot delegate to states. The requirements include: (1) 
Certain provisions in 40 CFR 261.39(a)(5) and 261.41, part 262, 
subparts E, F and H, part 263, subpart B, 264.12(a)(2), 264.71(a)(3), 
264.71(d), 265.12(a)(2), 265.71(a)(3), and 265.71(d) regarding 
governmental oversight of exports and imports of hazardous waste; (2) 
manifest registry functions in 40 CFR part 262, subpart B; (3) 268.5, 
268.6, 268.42(b), and 268.44(a)-(g) regarding land disposal 
restrictions; and (4) 279.82(b) regarding State petitions to allow use 
of used oil as a dust suppressant.

I. Who handles permits after the authorization takes effect?

    Wyoming will issue permits for all the provisions for which it is 
authorized and will administer the permits it issues. The EPA will 
continue to administer any RCRA hazardous waste permits or portions of 
permits which were issued prior to the effective date of this 
authorization until Wyoming has equivalent instruments in place. We 
will not issue any new permits or new portions of permits for the 
provisions listed in the Table in this document after the effective 
date of this authorization. The EPA will continue to implement and 
issue permits for HSWA requirements for which Wyoming is not yet 
authorized.

J. How does this action affect Indian country (18 U.S.C. 1151) in 
Wyoming?

    This program revision does not extend to ``Indian country'' as 
defined in 18 U.S.C. 1151.
    In excluding Indian country from the scope of this program 
revision, the EPA is not making a determination that the State either 
has adequate jurisdiction or lacks jurisdiction over sources in Indian 
country. Should the State of Wyoming choose to seek program 
authorization within Indian country, the EPA would have to be satisfied 
that the State has authority, either pursuant to explicit Congressional 
authorization or applicable principles of Federal Indian law, to 
enforce its laws against existing and potential pollution sources 
within any geographical area for which it seeks program approval, and 
that such approval would constitute sound administrative practice.

II. Corrections

    In the entry for the Checklist 142B authorization table published 
for Wyoming as part of the February 25, 1999 (64 FR 9278) proposed rule 
(final rule published on August 6, 2001 (66 FR 40911)), the citation 
``Ch. 13, S1(a)(vi)(A)'' should be corrected to read ``Ch. 13, 
S1(a)(vi)(I)''.

III. Incorporation by Reference

A. What is codification?

    Codification is the process of including the statutes and 
regulations that comprise the State's authorized hazardous waste 
management program into the CFR. Section 3006(b) of RCRA, as amended, 
allows the Environmental Protection Agency (EPA) to authorize state 
hazardous waste management programs. The state regulations authorized 
by the EPA supplant the Federal regulations concerning the same matter 
with the result that after authorization the EPA enforces the 
authorized regulations. Infrequently, state statutory language which 
acts to regulate a matter is also authorized by the EPA with the 
consequence that the EPA enforces the authorized statutory provision. 
The EPA does not authorize state enforcement authorities and does not 
authorize state procedural requirements. The EPA codifies the 
authorized state program in 40 CFR part 272 and incorporates by 
reference state statutes and regulations that make up the approved 
program which is federally enforceable in accordance with Sections 
3007, 3008, 3013, and 7003 of

[[Page 41233]]

RCRA, 42 U.S.C. 6927, 6928, 6934 and 6973, and any other applicable 
statutory and regulatory provisions.

B. What decisions have we made in this rule?

    In this action, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference of the 
Wyoming rules described in the amendments to 40 CFR part 272 set forth 
below. The EPA has made, and will continue to make, these documents 
available electronically through http://www.regulations.gov and in hard 
copy at the appropriate EPA office (see the ADDRESSES section of this 
preamble for more information).
    The purpose of this Federal Register document is to codify the 
EPA's authorization of Wyoming's base hazardous waste management 
program and its revisions to that program. The codification reflects 
the State program that would be in effect at the time the EPA's 
authorized revisions to the Wyoming hazardous waste management program 
addressed in this direct final rule become final. This action does not 
reopen any decision the EPA previously made concerning the 
authorization of the State's hazardous waste management program. The 
EPA is not requesting comments on its decisions published in the 
Federal Register documents referenced in Section I.F of this preamble 
concerning revisions to the authorized program in Wyoming.
    The EPA is incorporating by reference the EPA's approval of 
Wyoming's hazardous waste management program by adding subpart ZZ to 40 
CFR part 272. Section 272.2551 incorporates by reference Wyoming's 
authorized hazardous waste regulations, as amended effective March 18, 
2015. Section 272.2551 also references the demonstration of adequate 
enforcement authority, including procedural and enforcement provisions, 
which provide the legal basis for the State's implementation of the 
hazardous waste management program. In addition, section 272.2551 
references the Memorandum of Agreement, the Attorney General's 
Statements and the Program Description, which are evaluated as part of 
the approval process of the hazardous waste management program in 
accordance with Subtitle C of RCRA.

C. What is the effect of Wyoming's codification on enforcement?

    The EPA retains the authority under statutory provisions, including 
but not limited to, RCRA sections 3007, 3008, 3013 and 7003, and other 
applicable statutory and regulatory provisions to undertake inspections 
and enforcement actions and to issue orders in all authorized states. 
With respect to enforcement actions, the EPA will rely on Federal 
sanctions, Federal inspection authorities, and Federal procedures 
rather than the state analogs to these provisions. Therefore, the EPA 
is not incorporating by reference Wyoming's inspection and enforcement 
authorities nor are those authorities part of Wyoming's approved State 
program which operates in lieu of the Federal program. 40 CFR 
272.2551(c)(2) lists these authorities for informational purposes, and 
because the EPA also considered them in determining the adequacy of 
Wyoming's procedural and enforcement authorities. Wyoming's authority 
to inspect and enforce the State's hazardous waste management program 
requirements continues to operate independently under State law.

D. What state provisions are not part of the codification?

    The public is reminded that some provisions of Wyoming's hazardous 
waste management program are not part of the federally authorized State 
program. These non-authorized provisions include:
    (1) Provisions that are not part of the RCRA subtitle C program 
because they are ``broader-in-scope'' than RCRA subtitle C (see 40 CFR 
271.1(i));
    (2) Federal rules for which Wyoming was previously authorized but 
which were later vacated by the U.S. Court of Appeals for the District 
of Columbia Circuit (D.C. Cir. No. 98-1379 and 08-1144; June 27, 2014). 
See 80 FR 18777 (April 8, 2015).
    (3) State procedural and enforcement authorities which are 
necessary to establish the ability of the State's program to enforce 
compliance but which do not supplant the Federal statutory enforcement 
and procedural authorities.
    State provisions that are ``broader-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 272.2551(c)(3) the 
Wyoming regulatory and statutory provisions which are ``broader in 
scope'' than the Federal program and which are not part of the 
authorized program being incorporated by reference. While ``broader in 
scope'' provisions are not part of the authorized program and cannot be 
enforced by the EPA, the State may enforce such provisions under State 
law.

E. What will be the effect of codification on Federal HSWA 
requirements?

    With respect to any requirement(s) pursuant to HSWA for which the 
State has not yet been authorized, and which the EPA has identified as 
taking effect immediately in States with authorized hazardous waste 
management programs, the EPA will enforce those Federal HSWA standards 
until the State is authorized for those provisions.
    The codification does not affect Federal HSWA requirements for 
which the State is not authorized. The EPA has authority to implement 
HSWA requirements in all states, including states with authorized 
hazardous waste management programs, until the states become authorized 
for such requirements or prohibitions, unless the EPA has identified 
the HSWA requirement(s) as an optional or as a less stringent 
requirement of the Federal program. A HSWA requirement or prohibition, 
unless identified by the EPA as optional or as less stringent, 
supersedes any less stringent or inconsistent state provision which may 
have been previously authorized by EPA (50 FR 28702, July 15, 1985).
    Some existing state requirements may be similar to the HSWA 
requirements implemented by the EPA. However, until the EPA authorizes 
those state requirements, the EPA enforces the HSWA requirements and 
not the state analogs.

IV. Administrative Requirements

    The Office of Management and Budget (OMB) has exempted this action 
from the requirements of Executive Orders 12866 (58 FR 51735, October 
4, 1993) and 13563 (76 FR 3821, January 21, 2011). Therefore this 
action is not subject to review by OMB. This action authorizes and 
codifies State requirements for the purpose of RCRA 3006 and imposes no 
additional requirements beyond those imposed by State law. Accordingly, 
I certify that this action will not have a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.). Because this action authorizes 
and codifies pre-existing requirements under State law and does not 
impose any additional enforceable duty beyond that required by State 
law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4). For the same reason, this 
action also does not significantly or uniquely affect the communities 
of Tribal governments, as specified by

[[Page 41234]]

Executive Order 13175 (65 FR 67249, November 9, 2000). This action will 
not have substantial direct effects on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government, 
as specified in Executive Order 13132 (64 FR 43255, August 10, 1999), 
because it merely authorizes and codifies State requirements as part of 
the State RCRA hazardous waste program without altering the 
relationship or the distribution of power and responsibilities 
established by RCRA. This action also is not subject to Executive Order 
13045 (62 FR 19885, April 23, 1997), because it is not economically 
significant and it does not make decisions based on environmental 
health or safety risks. This rule is not subject to Executive Order 
13211, ``Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001), 
because it is not a significant regulatory action under Executive Order 
12866.
    Under RCRA 3006(b), the EPA grants a State's application for 
authorization as long as the State meets the criteria required by RCRA. 
It would thus be inconsistent with applicable law for the EPA, when it 
reviews a State authorization application, to require the use of any 
particular voluntary consensus standard in place of another standard 
that otherwise satisfies the requirements of RCRA. Thus, the 
requirements of section 12(d) of the National Technology Transfer and 
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required 
by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996), 
in issuing this rule, the EPA has taken the necessary steps to 
eliminate drafting errors and ambiguity, minimize potential litigation, 
and provide a clear legal standard for affected conduct. The EPA has 
complied with Executive Order 12630 (53 FR 8859, March 15, 1988) by 
examining the takings implications of the rule in accordance with the 
``Attorney General's Supplemental Guidelines for the Evaluation of Risk 
and Avoidance of Unanticipated Takings'' issued under the executive 
order. This rule does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
et seq.). Executive Order 12898 (59 FR 7629, Feb. 16, 1994) establishes 
Federal executive policy on environmental justice. Its main provision 
directs Federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high 
and adverse human health or environmental effects of their programs, 
policies, and activities on minority populations and low-income 
populations in the United States. Because this rule authorizes pre-
existing State rules which are at least equivalent to, and no less 
stringent than existing Federal requirements, and imposes no additional 
requirements beyond those imposed by State law, and there are no 
anticipated significant adverse human health or environmental effects, 
the rule is not subject to Executive Order 12898.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The EPA will submit a report containing this document 
and other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication in the Federal Register. A major rule cannot take effect 
until 60 days after it is published in the Federal Register. This 
action is not a ``major rule'' as defined by 5 U.S.C. 804(2). This 
action will be effective August 23, 2016.

List of Subjects

40 CFR Part 271

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

40 CFR Part 272

    Environmental protection, Hazardous materials transportation, 
Hazardous waste, Incorporation by reference, Intergovernmental 
relations, Water pollution control, Water supply.

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

    Dated: May 11, 2016.
Shaun L. McGrath,
Regional Administrator, Region 8.

    For the reasons set forth in the preamble, under the authority at 
42 U.S.C. 6912(a), 6926, and 6974(b), the EPA is granting final 
authorization under 40 CFR part 271 to the State of Wyoming for 
revisions to its hazardous waste program under the Resource 
Conservation and Recovery Act and is amending 40 CFR part 272 as 
follows:

PART 272--APPROVED STATE HAZARDOUS WASTE MANAGEMENT PROGRAMS

0
1. The authority citation for part 272 continues to read as follows:

    Authority: Secs. 2002(a), 3006, and 7004(b) of the Solid Waste 
Disposal Act, as amended by the Resource Conservation and Recovery 
Act of 1976, as amended, 42 U.S.C. 6912(a), 6926, and 6974(b).

0
2. Amend subpart ZZ by adding Sec.  272.2551 to read as follows:

Sec.  272.2551  Wyoming State-administered program: Final 
authorization.

    (a) Pursuant to section 3006(b) of RCRA, 42 U.S.C. 6926(b), Wyoming 
has final authorization for the following elements as submitted to the 
EPA in Wyoming's base program application for final authorization which 
was approved by the EPA effective on October 18, 1995. Subsequent 
program revision applications were approved effective on August 6, 2001 
and August 23, 2016.
    (b) The State of Wyoming has primary responsibility for enforcing 
its hazardous waste management program. However, the EPA retains the 
authority to exercise its inspection and enforcement authorities in 
accordance with sections 3007, 3008, 3013, 7003 of RCRA, 42 U.S.C. 
6927, 6928, 6934, 6973, and any other applicable statutory and 
regulatory provisions, regardless of whether the State has taken its 
own actions, as well as in accordance with other statutory and 
regulatory provisions.
    (c) State statutes and regulations. (1) The Wyoming regulations 
cited in paragraph (c)(1)(i) of this section are incorporated by 
reference as part of the hazardous waste management program under 
Subtitle C of RCRA, 42 U.S.C. 6921 et seq. This incorporation by 
reference is approved by the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain 
copies of the Wyoming regulations that are incorporated by reference in 
this paragraph from Wyoming Secretary of State's Office, The Capitol 
Building, Room B-10, 200 West 24th Street, Cheyenne, Wyoming 82002-
0020, (Phone: 307-777-5407). You may inspect a copy at the EPA Region 
8, 1595 Wynkoop Street, Denver, Colorado, phone number (303) 312-6231, 
or at the National Archives and Records Administration (NARA). For

[[Page 41235]]

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 ``EPA-Approved Wyoming Regulatory 
Requirements Applicable to the Hazardous Waste Management Program'', 
dated March, 2016.
    (ii) [Reserved]
    (2) The EPA considered the following statutes and regulations in 
evaluating the State program but is not incorporating them herein for 
enforcement purposes:
    (i) Wyoming Statutes Annotated (W.S.), as amended, 2015 Edition, 
Title 16, City, County, State, and Local Powers: Chapter 1, 
Intergovernmental Cooperation, section 16-1-101; Chapter 3, 
Administrative Procedure, sections 16-3-101(b)(vi), 16-3-103(h), 16-3-
107(k); Chapter 4, Uniform Municipal Fiscal Procedures, Public Records, 
Documents and Meetings, sections 16-4-201, 16-4-203(d)(i), 16-4-
203(d)(v).
    (ii) W.S., as amended, 2015 Edition, Title 35, Public Health and 
Safety: Chapter 11, Environmental Quality, Article 1, General 
Provisions, sections 35-11-102, 35-11-103(a), 35-11-103(d)(i), 35-11-
103(d)(ii), 35-103(d)(vii), 35-11-104 through 35-11-106, 35-11-108 
through 35-11-115; Article 5, Solid Waste Management, sections 35-11-
501 through 35-11-503 (except 35-11-503(b) and (c)), 35-11-504 through 
35-11-506, 35-11-508, 35-11-509, 35-11-514, 35-11-516, 35-11-518 
through 35-11-520; Article 9, Penalties, sections 35-11-901(a), (j), 
and (k); Article 11, Miscellaneous Provisions, sections 35-11-1101, 35-
11-1105(d), 35-11-1106(a)(iv); Article 16, Voluntary Remediation of 
Contaminated Sites, section 35-11-1607(e).
    (iii) Wyoming Rules of Civil Procedure, as amended, Rule 24.
    (iv) Wyoming Hazardous Waste Management Rules, Chapter 1, General 
Provisions: Sections 1(a) through (d); 2(c) and (d); 124 (except 
124(a)(v)); 260(b)(ii); and 270(o) through 270(q).
    (v) Wyoming Department of Environmental Quality, Rules of Practice 
and Procedure, as amended February 14, 1994, Chapter III.
    (3) The following statutory provisions are broader in scope than 
the Federal program, are not part of the authorized program, are not 
incorporated by reference and are not federally enforceable:
    (i) W.S., as amended, 2015 Edition, Title 35, Public Health and 
Safety: Chapter 11, Environmental Quality, Article 5, Solid Waste 
Management, section 35-11-517; Chapter 12, Industrial Development and 
Siting, sections 35-12-101, et seq.
    (ii) Wyoming Hazardous Waste Management Rules, Chapter 1, General 
Provisions: Sections 264(e)(i) [with respect to the Wyoming Voluntary 
Remediation Program only]; 264(e)(ii); and 270(n).
    (iii) [Reserved]
    (4) Unauthorized state amendments. (i) Wyoming has adopted but is 
not authorized for the following Federal final rules:
    (A) Imports and Exports of Hazardous Waste: Implementation of OECD 
Council Division [61 FR 16290, 04/12/96] (HSWA--Not delegable to 
States);
    (B) Hazardous Waste Combustors; Revised Standards [63 FR 33782, 6/
19/98] (Non-HSWA--Vacated by the U.S. Court of Appeals for the District 
of Columbia Circuit (D.C. Cir. No. 98-1379 and 08-1144; June 27, 2014);
    (C) Exclusion of Oil-Bearing Secondary Materials Processed in a 
Gasification System to Produce Synthesis Gas [73 FR 52, 1/2/08] (Non-
HSWA--Vacated by the U.S. Court of Appeals for the District of Columbia 
Circuit (D.C. Cir. No. 98-1379 and 08-1144; June 27, 2014);
    (D) OECD Requirements; Export Shipments of Spent Lead Acid 
Batteries [75 FR 1236, 1/8/10] (Non-HSWA--Not delegable to States);
    (E) Withdrawal of the Emission Comparable Fuel Exclusion [75 FR 
33712, 6/15/10] (Non-HSWA--Vacated by the U.S. Court of Appeals for the 
District of Columbia Circuit (D.C. Cir. No. 98-1379 and 08-1144; June 
27, 2014); and
    (F) Revisions to the Definition of Solid Waste [73 FR 64668, 10/30/
08].
    (ii) Those Federal rules written under RCRA provisions that predate 
HSWA (non-HSWA) which the State has adopted, but for which it is not 
authorized, are not federally enforceable. In contrast, the EPA will 
continue to enforce the Federal HSWA standards for which Wyoming is not 
authorized until the State receives specific authorization from EPA.
    (5) Memorandum of Agreement. The Memorandum of Agreement between 
the EPA, Region 8 and the State of Wyoming, signed by the State of 
Wyoming Department of Environmental Quality on July 19, 2012, and by 
the EPA Regional Administrator on July 27, 2012, although not 
incorporated by reference, is referenced as part of the authorized 
hazardous waste management program under subtitle C of RCRA, 42 U.S.C. 
6921 et seq.
    (6) Statement of legal authority. ``Attorney General's Statement 
for Final Authorization'', signed by the Attorney General of Wyoming on 
July 14, 1995, and revisions, supplements and addenda to that Statement 
dated December 9, 1997 and May 11, 2015, although not incorporated by 
reference, are referenced as part of the authorized hazardous waste 
management program under subtitle C of RCRA, 42 U.S.C. 6921 et seq.
    (7) Program Description. The Program Description and any other 
materials submitted as supplements thereto, although not incorporated 
by reference, are referenced as part of the authorized hazardous waste 
management program under subtitle C of RCRA, 42 U.S.C. 6921 et seq.

0
3. Appendix A to part 272 is amended by adding the listing for 
``Wyoming'' to read as follows:

Appendix A to Part 272--State Requirements

* * * * *

Wyoming

    The regulatory provisions include:
    Wyoming Hazardous Waste Management Rules, as amended effective 
March 18, 2015, Chapter 1, General Provisions: Sections 2(a) and 
(b); 3; 4; 124(a)(v); 260 (except 260(b)(ii)); 261; 262; 263; 264(a) 
through 264(d), 264(e)(i) (except the citation ``W.S. 35-11-1607'' 
and the phrase ``or a signed remedy agreement pursuant to W.S. 35-
11-1607'' in the first sentence), 264(e)(iii)(A) and (B), 264(f) 
through 264(m); 265; 266; 267; 268; 270(a) through 270(m); 273; and 
279.
    Copies of the Wyoming regulations that are incorporated by 
reference are available from Wyoming Secretary of State's Office, 
The Capitol Building, Room B-10, 200 West 24th Street, Cheyenne, 
Wyoming 82002-0020, (Phone: (307) 777-5407).

[FR Doc. 2016-14284 Filed 6-23-16; 8:45 am]
BILLING CODE 6560-50-P
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