
[Federal Register: March 12, 2008 (Volume 73, Number 49)]
[Rules and Regulations]               
[Page 13141-13144]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12mr08-33]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R08-RCRA-2006-0382; FRL-8541-5]

 
Colorado: Final Authorization of State Hazardous Waste Management 
Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate final rule.

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SUMMARY: The Solid Waste Disposal Act, as amended, commonly referred to 
as the Resource Conservation and Recovery Act (RCRA), allows the 
Environmental Protection Agency (EPA) to authorize States to operate 
their hazardous waste management programs in lieu of the federal 
program. Colorado has applied to EPA for final authorization of the 
changes to its hazardous waste program under RCRA. EPA has determined 
that these changes satisfy all requirements needed to qualify for final 
authorization and is authorizing the State's changes through this 
immediate final action.

DATES: This final authorization will become effective on May 12, 2008, 
unless the EPA receives adverse written comment by April 11, 2008. If 
adverse comment is received, EPA will publish a timely withdrawal of 
the immediate final rule in the Federal Register informing the public 
that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
RCRA-2006-0382, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
    Follow the on-line instructions for submitting comments.
     E-mail: daly.carl@epa.gov.
     Fax: (303) 312-6341.
     Mail: Send written comments to Carl Daly, Solid and 
Hazardous Waste Program, EPA Region 8, Mailcode 8P-HW, 1595 Wynkoop 
Street, Denver, Colorado 80202-1129.
     Hand Delivery or Courier: Deliver your comments to Carl 
Daly, Solid and Hazardous Waste Program, EPA Region 8, Mailcode 8P-HW, 
1595 Wynkoop Street, Denver, Colorado 80202-1129. Such deliveries are 
only accepted during the Regional Office's normal hours of operation. 
The public is advised to call in advance to verify the business hours. 
Special arrangements should be made for deliveries of boxed 
information.
    Instructions: Direct your comments to Docket ID No. EPA-R08-RCRA-
2006-0382. EPA's policy is that all comments received will be included 
in the public docket without change, 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 http://
www.regulations.gov, or e-mail. The federal web site, http://
www.regulations.gov, is an ``anonymous access'' system, which means EPA 
will not know your identity or contact information unless you provide 
it in the body of your comment. If you send an e-mail comment directly 
to EPA without going through http://www.regulations.gov, your e-mail 
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, 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 EPA cannot read your 
comment due to technical difficulties, and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters or any form of 
encryption, and be free of any defects or viruses. For additional 
information about EPA's public docket, visit the EPA Docket Center 
homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the http://
www.regulations.gov index. Although listed in the index, some 
information may not be 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 either 
electronically through www.regulations.gov or in hard copy at: EPA 
Region 8, from 9 a.m. to 4 p.m., 1595 Wynkoop Street, Denver, Colorado; 
contact: Carl Daly, phone number (303) 312-6416, or the Colorado 
Department of Public Health and Environment, from 9 a.m. to 4 p.m., 
4300 Cherry Creek Drive South, Denver, Colorado 80222-1530; contact: 
Randy Perila, phone number (303) 692-3364. The public is advised to 
call in advance to verify the business hours.

FOR FURTHER INFORMATION CONTACT: Carl Daly, Solid and Hazardous Waste 
Program, EPA Region 8, 1595 Wynkoop Street, Denver, Colorado 80202, 
(303) 312-6416, daly.carl@epa.gov.

SUPPLEMENTARY INFORMATION: 

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 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 266, 268, 270, 273 and 279.

B. What Decisions Have We Made in This Rule?

    We conclude that Colorado's application to revise its authorized 
program meets all of the statutory and regulatory requirements 
established by RCRA. Therefore, we grant Colorado final authorization 
to operate its hazardous waste program with the changes described in 
the authorization applications. Colorado has responsibility for 
permitting Treatment, Storage, and Disposal Facilities (TSDFs) within 
its borders, except in Indian

[[Page 13142]]

Country, 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). New federal 
requirements and prohibitions imposed by federal regulations that EPA 
promulgates under the authority of HSWA take effect in authorized 
States before they are authorized for the requirements. Thus, EPA will 
implement those requirements and prohibitions in Colorado, including 
issuing permits, until Colorado is authorized to do so.

C. What is the Effect of This Authorization Decision?

    This decision means that a facility in Colorado subject to RCRA 
will now have to comply with the authorized State requirements instead 
of the equivalent federal requirements in order to comply with RCRA. 
Colorado has enforcement responsibilities under its State hazardous 
waste program for violations of such program, but EPA retains its 
authority under RCRA sections 3007, 3008, 3013, and 7003, which 
include, among others, authority to: (1) Conduct inspections; require 
monitoring, tests, analyses, or reports; (2) enforce RCRA requirements; 
suspend or revoke permits; and, (3) take enforcement actions regardless 
of whether Colorado has taken its own actions.
    This action does not impose additional requirements on the 
regulated community because the regulations for which Colorado is being 
authorized by this action are already effective and are not changed by 
this action.

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

    EPA did not publish a proposal before this rule because we view 
this as a routine program change. We are providing an opportunity for 
the public to comment now. In addition to this rule, in the proposed 
rules section of today's Federal Register we are publishing a separate 
document that proposes to authorize the State program changes.

E. What Happens if EPA Receives Comments That Oppose This Action?

    If EPA receives comments that oppose this authorization, we will 
withdraw this rule by publishing a document in the Federal Register 
before the rule becomes effective. EPA will base any further decision 
on the authorization of the State program changes on the proposal 
mentioned in the previous paragraph. We will then address all public 
comments in a later final rule. You may not have another opportunity to 
comment, therefore, if you want to comment on this authorization, you 
must do so at this time.
    If we receive comments that oppose only the authorization of a 
particular change to the Colorado hazardous waste program, we will 
withdraw that part of this rule but the authorization of the program 
changes that the comments do not oppose will become effective on the 
date specified above. The Federal Register withdrawal document will 
specify which part of the authorization will become effective and which 
part is being withdrawn.

F. For What Has Colorado Previously Been Authorized?

    Colorado initially received final authorization on October 19, 
1984, effective November 2, 1984 (49 FR 41036) to implement the RCRA 
hazardous waste management program. We granted authorization for 
changes to their program on October 24, 1986, effective November 7, 
1986 (51 FR 37729); May 15, 1989, effective July 14, 1989 (54 FR 
20847); May 10, 1991, effective July 9, 1991 (56 FR 21601); April 7, 
1994, effective June 6, 1994 (59 FR 16568); and November 14, 2003, 
effective January 13, 2004 (68 FR 64550).

G. What Changes Are We Authorizing With This Action?

    Colorado submitted complete program revision applications on 
December 31, 2002, September 23, 2003, and December 23, 2003 seeking 
authorization of their changes in accordance with 40 CFR 271.21. Some 
of the revisions that Colorado submitted in these applications are not 
granted approval at this time. We now make an immediate final decision, 
subject to receipt of written comments that oppose this action that 
Colorado's hazardous waste program revisions listed here satisfy all of 
the requirements necessary to qualify for final authorization. 
Therefore, we grant Colorado final authorization for the following 
program changes (the federal citation followed by the analog from the 
Code of Colorado Regulations (6 CCR 7007-3), revised through December 
30, 2004, unless otherwise noted: Financial Responsibility; Settlement 
Agreement (55 FR 25976, 6/26/90)(Checklist 24A)/264.113(a)-(c) and 
265.113(a)-(c); Permit Modifications for Hazardous Waste Management 
Facilities (53 FR 37912, 9/28/88 & 53 FR 41649, 10/24/88)(Checklists 54 
& 54.1)/100.60(c)(1)&(3), 264.54(e), 264.112(c), 264.118(d), 
265.112(c)(3)&(4), 265.118(d), 260.10, 100.42(l)(2), 100.62(a)&(b), 
100.61, 100.63, and Part 100, Appendix I, 100.22(c)&(d); Delay of 
Closure Period for Hazardous Waste Management Facilities (54 FR 33376, 
8/14/89)(Checklist 64)/264.13(a)&(b), 264.112(d)(2), 264.113, 
266.12(a)(3)&(4), 265.13(a)&(b), 265.112(d), 265.113, and Part 100, 
Appendix I; Land Disposal Restrictions for Newly Listed Wastes (57 FR 
37194, 08/18/92)(Checklist 109)/100.20(b)(6), 100.40(a)(13), 
100.41(a)(2), 100.63(e)(3)(ii)(B), 100.63 Appendix I, I(6), 100.63 
Appendix I, 100.63 Appendix I & M, 260.10, 261.3(a)(2)(iii), 
261.3(c)(2)(ii)(C)(1)&(2), 261.3(f), 262.34(a)(1)(iii), 
262.34(a)(1)(iii)(B), 262.34(a)(1)(iv), 262.34(a)(2), 264.110(b), 
264.111(c), 264.112(a)(2), 264.1100-1100(e), 264.1101(a)-(e), 
264.1102(a)&(b), 265.110(b)(1)-(b)(4), 265.111(c), 265.112(d)(4), 
265.221(h), 265.1100-1100(e), 265.1101(a)-(e), 265.1192(a)&(b), 
266.10(b)-(b)(4), 266.12(a), 268.2(g), 268.2(h), 268.5 (reserved), 
268.7(a)(1)(iii)-(v), 268.7(a)(2), 268.7(a)(3)(iv)-(vi), 268.7(a)(4), 
268.7(b)(4)&(5), 268.7(d), 268.9(d), 268.14(a)-(c), 268.36(a)-(i), 
268.40(b)&(d), 268.41(a), 268.41(a)/Table CCWE, 268.41(c), 268.42/Table 
2, 268.42(b)&(d), 268.43/Table CCW, 268.45(a)-(d)(5), 268.45/Table 1, 
268.46, 268.46/Table 1, 268.50(a)(1)&(2), and 268 Appendix II; 
Consolidated Liability Requirements (53 FR 33938, 9/1/88; 56 FR 30200, 
7/1/91; and 57 FR 42832, 9/16/92)(Checklists 113, 113.1, & 113.2)/
266.11(h), 266.14(i)(11), 266.16(a),(b),(f),(g),&(i)-(m), and 
266.18(f)&(h)-(n); Removal of the Conditional Exemption for Certain 
Slag Residues (59 FR 43496, 08/24/94)(Checklist 136)/267.20(c) and 
268.41; Universal Waste Rule (60FR 25492, 05/11/95)(Checklist 142E)/
260.20(a), 260.23(a)-(d), 273.80(a)-(c), and 273.81(a)-h); Removal of 
Legally Obsolete Rules (60 FR 33912, 06/29/95)(Checklist 144)/
100.11(b)(1), 100.11(c)(2), and 100.11(d); RCRA Expanded Public 
Participation (60 FR 63417, 12/11/95)(Checklist 148)/100.11(f)(1)-
(4)(ii)(E), 100.22(a)(5), 100.22(c)(2)(vi)-(x), 100.22(c)(4), 
100.41(a)(22), 100.42(n), 100.506(a)(1)(vi) 100.506(a)(1)(vii), 
100.506(f)(1)-(5), and 260.10; Imports & Exports of Hazardous Waste: 
Implementation of OECD Council Decision (61 FR 16290, 04/12/
96)(Checklist 152)/261.6(a)(5), 261.10(d) thru (h), 262.53(b), 
262.56(b), 262.58(a)&(b), 262.80(a)&(b), 262.81 thru (L), 262.82(a) 
thru (c)(3), 262.83(a) thru (e)(12), 262.84(a) thru (e), 262.85(a) thru 
(g), 262.86(a)&(b), 262.87(a) thru (c)(2),

[[Page 13143]]

262.88, 268.89(a) thru (e), 263.10(c), 263.20(a), 264.12(a)(1)&(2), 
264.71(d), 265.12(a)(1)&(2), 265.71(d), 267.70(b)(2)&(3), 273.20, 
273.40, 273.56, 273.79 intro, and 273.70(d); Military Munitions Rule 
(62 FR 06622, 2/12/97)(Checklist 156)/260.10, 262.20(f), 
264.1(g)(8)(iv), 265.1(c)(11)(iv), 267.200-267.202, and 100.10(a)(8); 
Organic Air Emission Standards for Tanks, Surface Impoundments, and 
Containers; Clarification & Technical Amendment (62 FR 64636, 12/8/
97)(Checklist 163)/100.41(a)(5), 264.15(b)(4), 264.73(b)(6), 
264.1030(b)(3), 264.1030(c)&(e), 264.1031, 264.1033(a)(2)(i) thru (iv), 
264.1050(b)(3), 264.1050(c)&(f), 264.1060(a) thru (b)(4), 
264.1062(b)(2)&(3), 264.1064(g)(6), 264.1064(m), 264.1080(b)(1), 
264.1080(c), 264.1082(b), 264.1082(c)(2)(ix)(A)&(B), 264.1082(c)(3), 
264.1083(a)(2), 264.1083(b)(1), 264.1083(c)(4)(ii), 
264.1084(c)(2)(iii), 264.1084(c)(2)(iii)(B) thru (B)(2), 
264.1084(e)(4), 264.1084(f)(3)(i)(D)(4), 264.1084(f)(3)(iii), 
264.1084(f)(4), 264.1084(j)(2)(iii), 264.1085(b)(2), 
264.1085(d)(1)(iii), 264.1085(d)(2)(i)(B), 264.1085(e)(2)(iii), 
264.1086(c)(2), 264.1086(c)(4)(i), 264.1086(d)(2), 264.1086(d)(4)(i), 
264.1086(g), 264.1087(c)(3)(ii), 264.1087(c)(7), 264.1089(a), 
264.1089(b)(1)(ii)(B), 264.1089(f)(1), 264.1089(j), 265.15(b)(4), 
265.73(b)(6), 265.1030(b)(3), 265.1030(d), 265.1033(a)(2)(i) thru (iv), 
265.1033(f)(2)(vi)(B), 265.1050(b)(3), 265.1050(e), 265.1060(a)&(b), 
265.1062(b)(2)&(3), 265.1064(g)(6), 265.1064(m), 265.1080(b)(1), 
265.1080(c), 265.1081, 265.1082(a) thru (d), 265.1083(b), 
265.1083(c)(2)(i), 265.1083(c)(2)(ix)(A)&(B), 265.1083(c)(3), 
265.1083(c)(4)(ii), 265.1084(a)(2), 265.1084(a)(3)(ii)(B), 
265.1084(a)(3)(iii)& (3)(A), 265.1084(a)(3)(iii)(F)&(G), 
265.1084(a)(3)(iv)&(v), 265.1084(a)(4)(iv, 265.1084(b)(1), 
265.1084(b)(3)(ii)(B), 265.1084(b)(3)(iii), 265.1084(b)(3)(iii)(F)&(G), 
265.1084(b)(3)(iv)&(v), 265.1084(b)(8)(iii), 265.1084(b)(9)(iv), 
265.1084(d)(5)(ii), 265.1085(c)(2)(iii), 265.1085(c)(2)(iii)(B) thru 
(B)(2), 265.1085(e)(4), 265.1085(f)(3)(i)(D)(4), 265.1085(f)(4), 
265.1085(j)(2)(iii), 265.1086(b)(2), 265.1086(d)(1)(iii), 
265.1086(d)(2)(i)(B), 265.1086(e)(2)(iii), 265.1087(c)(4)(i), 
265.1087(d)(4)(i), 265.1087(g), 265.1088(c)(3)(ii), 265.1088(c)(7), 
265.1090(a), 265.1090(b)(1)(ii)(B), 265.1090(f)(1), 265.1090(j), and 
265 Appendix VI; Land Disposal Restrictions Phase IV--Treatment 
Standards for Metal Wastes & Mineral Processing Wastes (63 FR 28556, 5/
26/98)(Checklist 167A)/268.2(i), 268.3(d), 268.34(a) thru (e), 
268.40(e)&(h), 268/Table ``Treatment Standards for Hazardous Wastes'', 
and 268.48(a)/Table UTS; Land Disposal Restrictions Phase IV--
Corrections (63 FR 28556, 5/26/98 and 63 FR 31266, 6/8/98)(Checklists 
167C and 167C.1)/268.4(a)(2)(ii)&(iii), 268.7(a)(7), 268.7(b)(3)(ii)/
Table, 268.7(b)(4)(iv)&(v), 268.7(b)(5)&(6), 268.40(e), 268.40/Table, 
268.42(a), 268.45(a) intro, 268.45(d)(3)&(4), 268.48/Table UTS, 268 
Appendix VII/Tables 1&2, and 268 Appendix VIII; Organic Air Emission 
Standards--Clarification & Technical Amendments (64 FR 03382, 1/21/
99)(Checklist 177)/262.34(a)(1)(i)&(ii), 264.1031, 264.1080(b)(5), 
264.1083(a)(1)(i)&(ii), 264.1083(b)(1)(i)&(ii), 264.1084(h)(3), 
264.1086(e)(6), 265.1080(b)(5), 265.1084(a)(1)(i)&(ii), 
265.1084(a)(3)(ii)(B)&(D), 265.1084(a)(3)(iii), 265.1084(b)(1)(i)&(ii), 
265.1084(b)(3)(ii)(B)(&(D), 265.1084(b)(3)(iii), 265.1085(h)(3), and 
265.1087(e)(6); Universal Waste Rule: Specific Provisions for Hazardous 
Waste Lamps (64 FR 36466, 07/06/99)(Checklist 181)/260.10, 
261.9(a)(2),(3)&(5), 264.1(g)(11)(ii),(iii)&(v), 
265.1(c)(14)(ii),(iii)&(v), 268.1(f)(2),(3)&(5), 
100.10(a)(14)(ii),(iii)&(v), 273.1(a)(2),(3)&(5), 273.2(a)(1)(i), 
273.2(a)(2)(ii)&(iii), 273.2(b)(1), 273.2(c)(1), 273.2(e), 273.6&7, 
273.8(a)&(b), 273.9 ``lamp'', ``large quantity handler of universal 
waste'', ``small quantity handler of universal waste'', & ``universal 
waste'', 273.10, 273.13(e), 273.30, 273.32(b)(4), 273.33(b)(5), 
273.33(e), 273.34(f), 273.50, 273.60(a), and 273.81(a); Organobromine 
Production Wastes Vactur (65 FR 14472, 03/17/00)(Checklist 185)/261.32/
Table, 261.33(f)/Table, 261 Appendix VII & VIII, 268.33, 268.40/Table, 
and 268.48/Table; Mixture & Derived-From Rules Revisions (66 FR 27266, 
06/16/01)(Checklist 192A)/261.3(a)(2)(iii)&(iv), 261.3(c)(2)(i), and 
261.3(g)(1)-(3); Land Disposal Restrictions Correction (66 FR 27266, 
05/16/01)(Checklist 192B)/268 Appendix VII/Table 1; Change of Official 
EPA Mailing Address (66 FR 34374, 06/28/01)(Checklist 193)/
260.11(a)(11); Mixture & Derived-From Rules Revision II (66 FR 50332, 
10/03/01)(Checklist 194)/261.3(a)(2)(iv), and 261.3(g)(4); Inorganic 
Chemical Manufacturing Wastes Identification & Listing (66 FR 58258, 
11/20/01, and 67 FR 17119, 04/09/02)(Checklists 195 and 195.1)/
261.4(15), 261.32, 261 Appendix VII, 268.36(a)&(b), and 268.40/Table; 
Vacatur of Mineral Processing Spent Materials Being Reclaimed as Solid 
Wastes & TCLP Use with MGP Waste (67 FR 11251, 03/13/02)(Checklist 
199)/261.2(c)(3), 261.4(a)(17), and 261.24(a); Zinc Fertilizer Rule (67 
FR 48393, 07/24/02)(Checklist 200)/261.4, 261.4(a)(20)&(21), 267.20, 
267.20(d), 267.20(d)(1)&(2), and 268.40; Performance Track (69 FR 
21737, 04/22/04 and 69 FR 62217, 10/25/04)(Checklists 204 and 204.1)/
262.34(k)-(m), effective March 2, 2005.

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

    Colorado has requirements that are more stringent than the federal 
rules at (references are to the Code of Colorado Regulations, except 
where there is no State analog. Then the reference is to the federal 
citation): 100.11(f)(2)&(3), 100.11(f)(4)(i)(A)&(C), 
100.41(a)(15),(16),&(22), 100 Appendix I, 261.3(a)(2)(iv), 
261.3(c)(2)(i), 261.3(h)(1)-(3) no State analogs, 262.34(l)&(m), 
264.112(d)(2)(i), 264.113(e)(5), 264.151(i)(2)(d) no State analog, 
264.551, 264.552(a)(1), 264.552(a)(1)(ii)(A), 264.552(a)(3)(iii), 
264.552(c)(4)&(5), 264.552(c)(7), 264.552(e)(3), 264.552(e)(3)(i) thru 
(ii)(A) no State analogs, 264.552(e)(4)(i)(A) thru (B), 
264.552(e)(4)(v)(E)(5), 264.552(e)(6)(i)(B), 264.552(e)(6)(v), 
264.552(e)(6)(v)(B), 264.552(k), & (l), 264.555(a) thru (g) no State 
analogs, 265.112(e), 265.113(e)(5), 266.16(i)(1), 266.16(j)(1), 
266.16(k)(1), 266.18(h)(2), 266.18(i) thru (k), 268.40(e), 268.7(a)(7), 
268.40/Table ``Treatment Standards for Hazardous Wastes'', 268.48/Table 
UTS, 270.14(b)(15)&(16).
    Colorado is broader-in-scope than the federal rules at: 261.32 
(K140) and 268.40/table (K140 & U408).
    Colorado is in the process of adopting the federal regulations 
regarding Boilers & Industrial Furnaces (BIFs). Until the State is 
authorized for BIF regulations, some of the above approved rules do not 
include references to these type of facilities at this time.

I. Who Handles Permits After the Authorization Takes Effect?

    Colorado will issue permits for all the provisions for which it is 
authorized and will administer the permits it issues. 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 Colorado has equivalent instruments in place. We

[[Page 13144]]

will not issue any new permits or new portions of permits for the 
provisions listed in Item G after the effective date of this 
authorization. EPA previously suspended issuance of permits for other 
provisions on the effective date of Colorado's final authorization for 
the RCRA base program and each of the revisions listed in Item F. EPA 
will continue to implement and issue permits for HSWA requirements for 
which Colorado is not yet authorized.

J. How Does This Action Affect Indian Country (18 U.S.C. 1151) in 
Colorado?

    Colorado is not authorized to carry out its RCRA program in 
``Indian country'', as defined in 18 U.S.C. 1151. This includes: (1) 
Lands within the exterior boundaries of the following Indian 
reservations located within or abutting the State of Colorado, (a) 
Southern Ute Indian Reservation and (b) Ute Mountain Ute Indian 
Reservation; (2) any land held in trust by the United States for an 
Indian tribe, and (3) any other areas which are ``Indian country'' 
within the meaning of 18 U.S.C. 1151.
    Therefore, this program revision does not extend to Indian country 
where EPA will continue to implement and administer the RCRA program in 
these lands.

K. What is Codification and is EPA Codifying Colorado's Hazardous Waste 
Program as Authorized in This Rule?

    Codification is the process of placing a State's statutes and 
regulations that comprise the State's authorized hazardous waste 
program into the CFR. We do this by referencing the authorized State 
rules in 40 CFR part 272. We reserve the amendment of 40 CFR part 272, 
subpart G for the codification of Colorado's updated program until a 
later date.

L. Statutory and Executive Order Reviews

    The Office of Management and Budget has exempted this action from 
the requirements of Executive Order 12866 (58 FR 51735, October 4, 
1993), and therefore this action is not subject to review by OMB. This 
action authorizes 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 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 State requirements as part of the State RCRA 
hazardous waste program without altering the relationship or the 
distribution of power and responsibilities established by RCRA. This 
action also is not subject to Executive Order 13045 (62 FR 19885, April 
23, 1997), because it is not economically significant and it does not 
make decisions based on environmental health or safety risks. This rule 
is not subject to Executive Order 13211, ``Actions Concerning 
Regulations That Significantly Affect Energy Supply, Distribution, or 
Use'' (66 FR 28355, May 22, 2001), because it is not a significant 
regulatory action under Executive Order 12866.
    Under RCRA 3006(b), EPA grants a State's application for 
authorization as long as the State meets the criteria required by RCRA. 
It would thus be inconsistent with applicable law for 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, EPA has taken the necessary steps to eliminate 
drafting errors and ambiguity, minimize potential litigation, and 
provide a clear legal standard for affected conduct. 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.).
    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. 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 May 12, 2008.

List of Subjects in 40 CFR Part 271

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

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

    Dated: February 28, 2008.
Carol Rushin,
Acting Regional Administrator, Region 8.
 [FR Doc. E8-4978 Filed 3-11-08; 8:45 am]

BILLING CODE 6560-50-P
