This authorization action does not impose additional requirements on the regulated community because the regulations for which Nevada is being authorized are already effective under State law, and are not changed by today's authorization action.

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

EPA did not publish a proposal before today's rule because we view this as a routine program change and do not expect comments that oppose this approval. We are providing an opportunity for public comment now. You may not have another opportunity to comment. 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 these 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 then use the proposal mentioned in the previous paragraph in making any further decision on the authorization of the State program changes. EPA will also address all public comments in a later final rule. 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 State hazardous waste management 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withdrawal document will specify which part of the authorization will become effective, and which part is being withdrawn.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. What Has Nevada Previously Been Authorized for?

Nevada initially received final authorization for the base RCRA program on August 19, 1985 effective October 18, 1985 (50 FR 33359). Nevada has since received authorization for all revisions to the Federal RCRA program through June 1997. The following Federal Register publication and effective dates apply to those revisions: April 29, 1992 effective June 29, 1992 (57 FR 18083), May 27, 1994 effective July 26, 1994 (59 FR 27472), April 11, 1995 effective June 12, 1995 (60 FR 18358), June 24, 1996 effective August 23, 1996 (60 FR 32345) and January 29, 1999 effective March 30, 1999 (64 FR 4596).

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

On March 13, 2000 and November 6, 2001, Nevada submitted final complete program revision applications for changes and additions to the Federal RCRA implementing regulations that occurred between July 1, 1997 and July 6, 1999, seeking authorization of those changes in accordance with 40 CFR 271.21. We now make an immediate final decision, subject to receipt of written comments that oppose this action, that Nevada's hazardous waste management program revision satisfies all of the requirements necessary to qualify for final authorization. These revisions are analogous to the RCRA statutory provisions or Federal RCRA regulations in effect as of July 6, 1999. Upon authorization, the following Nevada hazardous waste management requirements that are either equivalent to or more stringent than the corresponding Federal requirements will apply instead of the Federal requirements: Federal requirement State analog Land Disposal Restrictions Phase III Nevada Revised Statutes (NRS) Emergency Extension of the K088 459.485 (1981, amended 1991) National Capacity Variance, Amendment and 459.490 (1981, amended (62 FR 37694, July 14, 1997) (HSWA) 1987, 1993); Nevada (Checklist 160). Administrative Code (NAC) 444.8632 through 444.8634 and regulations included as Sections 4 of LCB File No. R 12498 (filed with the Secretary of State on November 2, 1998).
Emergency Revision of the Carbamate Same as above.
Land Disposal Restrictions (62 FR
45568, August 28, 1997) (HSWA)
(Checklist 161).
Organic Air Emissions Standards for Same as above.
Tanks, Surface Impoundments and
Containers: Clarification and
Technical Amendment (62 FR 64636,
December 8, 1997) (HSWA) (Checklist
163).
Kraft Mill Steam Stripper Condensate Same as above.
Exclusion (63 FR 18504, April 15,
1998) (HSWA) (Checklist 164).
Recycled Used Oil Management Standards: Same as above.
Technical Correction and Clarification
(63 FR 24963, May 6, 1998) (NonHSWA)
(Checklist 166).
Land Disposal Restrictions Phase IV Same as above. However, this Treatment Standards for Metal Wastes authorization does not include and Mineral Processing Wastes; the mineral processing Hazardous Soils Treatment Standards secondary materials exclusion and Exclusions; Corrections; Mineral portion of this rule Processing Secondary Materials (Checklist 167D)
Exclusion; Bevill Exclusion Revisions
and Clarification; Exclusion of
Recycled Wood Preserving Wastewaters
(63 FR 28556, May 26, 1998 and 63 FR
31266, June 8, 1998) (HSWA/NonHSWA)
(Checklists 167 A, B, C, E and F).
[[Page 40231]]
Hazardous Waste Combustors Revised Same as above.
Standards (63 FR 33782, June 19, 1998)
(NonHSWA) (Checklist 168).
Petroleum Refining Process Waste (63 FR Nevada Revised Statutes (NRS) 42110, August 6, 1998 and 63 FR 54356, 459.485 (1981, amended 1991) October 9, 1998) (HSWA/NonHSWA) and 459.490 (1981, amended (Checklist 169). 1987, 1993); Nevada Administrative Code (NAC) 444.8632 through 444.8634 and regulations included as Sections 8 and 9 of LCB File No. R17099 (filed with the Secretary of State on January 26, 2000).
Land Disposal Restrictions Phase IV Same as above.
Zinc Micronutrients, Administrative
Stay (63 FR 46332, August 31, 1998)
(HSWA) (Checklist 170).
Emergency Revision of the LDR Treatment Same as above.
Standards for Listed Hazardous Waste
from Carbamate Production (63 FR
47410, September 4, 1998) (HSWA)
(Checklist 171).
Land Disposal Restrictions Phase IV Same as above.
Extension of Compliance Date for
Characteristic Slags (63 FR 48124,
September 9, 1998) (HSWA) (Checklist
172).
Land Disposal Restrictions treatment Same as above.
Standards for Spent Potliners from
Primary Aluminum Production (K088),
Final Rule (63 FR 51254, September 24,
1998) (HSWA) (Checklist 173).
Post Closure Requirements and Closure Same as above.
Process (63 FR 56710, October 22,
1998) (HSWA/NonHSWA) (Checklist 174).
Hazardous Waste Remediation Management Same as above.
RequirementsHWIR Media (63 FR 65874,
November 30, 1998) (HSWA/NonHSWA)
(Checklist 175).
Universal Waste RuleTechnical Same as above.
Amendments (63 FR 71225, December 24,
1998) (NonHSWA) (Checklist 176).
Organic Air Emission Standards: Same as above.
Clarification and Technical Amendments
(64 FR 3382, January 21, 1999) (HSWA)
(Checklist 177).
Petroleum Refining Process Wastes Same as above.
Leachate Exemption (64 FR 6806,
February 11, 1999) (HSWA) (Checklist
178).
LDR Phase IVTechnical Corrections and
Clarifications to Treatment Standards
(64 FR 25408, May 11, 1999) (HSWA/Non
HSWA) (Checklist 179).
Test Procedures for the Analysis of Oil Same as above.
and Grease and Nonpolar Material (64
FR 26315, May 14, 1999) (NonHSWA)
(Checklist 180).
Universal Waste Rule: Specific Same as above.
Provisions for Hazardous Waste Lamps
(64 FR 36466, July 6, 1999) (NonHSWA)
(Checklist 181).
Note: NRS 459.485 effective 1981, amended 1991; NRS 459.490 effective 1981, amended 1987, 1993. NAC 444.8632 adopts by reference 40 CFR part 2, subpart A; part 124, subparts A and B; parts 260 through 270, inclusive; part 273 and part 279 as modified by NAC 444.8633, NAC 444.8634, 444.86325 and the regulations included as Section 4 of LCB File No. R12498 and Sections 8 and 9 of LCB File No. R17099 (filed with the Secretary of State on November 2, 1998 and January 26, 2000). H. Where Are the Revised State Rules Different From the Federal Rules?

Nevada has adopted by reference the Federal revisions identified above. There are no significant differences between the Federal rules and the revised State rules being authorized today.
I. Who Handles Permits After the Authorization Takes Effect?

NDEP will issue permits for all the provisions for which it is authorized and will administer the permits it issues. Section 3006(g)(1) of RCRA gives EPA the authority to issue or deny permits or parts of permits for requirements for which the state is not authorized. Therefore, whenever EPA adopts standards under HSWA for activities or wastes not currently covered by the authorized program, EPA may process RCRA permits in Nevada for the new or revised HSWA standards until NDEP has received final authorization for such new or revised HSWA standards. EPA and NDEP have agreed to a joint permitting process for facilities covered by both the authorized program and standards under HSWA for which the State is not yet authorized, and for handling existing EPA permits after the State receives authorization. J. How Does Today's Action Affect Indian Country in Nevada?

Nevada is not being authorized to operate any portion of the hazardous waste management program in Indian country. Nevada is not authorized to carry out its hazardous waste management program in Indian country within the State, which includes the following: The Confederated Tribes of the Goshute Reservation; Duckwater Shoshone Tribe; Ely Shoshone Tribe; Fort McDermitt Paiute and Shoshone Tribes; Fort Mohave Indian Tribe; Las Vegas Tribe of Paiute Indians; Lovelock Paiute Tribe; Moapa Band of Paiute Indians; PaiuteShoshone Tribe of the Fallon Reservation and Colony; Pyramid Lake Paiute Tribe; Reno Sparks Indian Colony; ShoshonePaiute Tribes of Duck Valley Reservation; Summit Lake Paiute Tribe; TeMoak Tribes of Western Shoshone Indians; Walker River Paiute Tribe; Washoe Tribe; Winnemucca Indian Colony; Yerington Paiute Tribe; and the Yomba Shoshone Tribe. This authorization action has no effect in Indian country. EPA will continue to implement and administer the RCRA program in Indian country within the State.
K. What Is Codification and Is EPA Codifying Nevada's Hazardous Waste Management Program as Authorized in This Rule?

Codification is the process of placing the State's statutes and regulations that comprise the State's authorized hazardous waste management program into the Code of Federal Regulations. We do this by referencing the authorized State rules in 40 CFR part 272. We reserve the amendment of 40 CFR part 272, subpart DD for this authorization of Nevada's program changes.
[[Page 40232]]

L. Administrative Requirements

The Office of Management and Budget (OMB) 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. Furthermore, 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. This action authorizes State requirements for the purpose of RCRA Section 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 preexisting 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. Law 1044). For the same reason, this action also does not have implication within the meaning of Executive Order 13175 (65 FR 67249, November 9, 2000). It does not have substantial direct effects on tribal governments, on the relationship between the Federal government and the Indian tribes, or on the distribution of power and responsibilities between the Federal government and Indian tribes, as specified in Executive Order 13175. 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 management 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 does not make decisions based on environmental health or safety risks. This action does not include environmental justice related issues that require consideration under Executive Order 12898 (59 FR 7629, February 16, 1994).

Under RCRA section 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 August 12, 2002.

List of Subjects in 40 CFR Part 271

Environmental protection, Administrative practice and procedure, Confidential business information, Hazardous materials transportation, Hazardous waste, Indianslands, 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: June 3, 2002.
Laura Yoshii,
Acting Regional Administrator, Region 9.
[FR Doc. 0214629 Filed 61102; 8:45 am] BILLING CODE 656050P

FOR FURTHER INFORMATION CONTACT Lisa McClain-Vanderpool, U.S. EPA Region IX (WST2), 75 Hawthorne Street, San Francisco, CA 94105 Phone: 415/9723316.