[Federal Register Volume 64, Number 185 (Friday, September 24, 1999)]
[Rules and Regulations]
[Pages 51702-51709]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-24908]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL 6443-5]


Vermont: Final Authorization of State Hazardous Waste Management 
Program Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate final rule.

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SUMMARY: Vermont has applied to EPA for Final authorization for changes 
to its hazardous waste program under the Resource Conservation and 
Recovery Act (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. 
EPA is publishing this rule to authorize the changes without a prior 
proposal because we believe this action is not controversial and do not 
expect comments that oppose it. Unless we get written comments which 
oppose this authorization during the comment period, the decision to 
authorize Vermont's changes to their hazardous waste program will take 
effect as provided below. If we get comments that oppose this action, 
EPA will withdraw this immediate final rule and it will not take 
effect. EPA will then address public comments in a later final rule. 
EPA may not provide further opportunity for comment. Any parties 
interested in commenting on this action, must do so at this time.

DATES: This final authorization will become effective on November 23, 
1999, without further notice, unless EPA receives adverse comments by 
October 25, 1999. Should EPA receive such comments, the Agency will 
publish a timely document in the Federal Register withdrawing this 
rule.

ADDRESSES: Send written comments to Geri Mannion, EPA Region I, One 
Congress Street, Suite 1100 (CHW), Boston, MA 02114-2023; Phone Number: 
(617) 918-1648. You can view and copy Vermont's application at the 
following addresses: The Agency of Natural Resources, Vermont 
Department of Environmental Conservation, Waste Management Division, 
103 South Main Street--West Office Building, Waterbury, VT 05671-0404; 
Phone number: (802) 241-3888; Business Hours: 7:45 A.M. to 4:30 P.M., 
Monday through Friday and EPA Region I Library, One Congress Street, 
Suite 1100 (LIB), Boston, MA, 02114-2023; Phone number: (617) 918-1990; 
Business Hours: 8:30 A.M. to 5:00 P.M., Monday through Friday.

FOR FURTHER INFORMATION CONTACT: Geri Mannion, EPA Region I, One 
Congress Street, Suite 1100 (CHW), Boston, MA 02114-2023; Phone Number: 
(617) 918-1648.

SUPPLEMENTARY INFORMATION:

Technical Corrections

    In addition to authorizing the changes to Vermont's hazardous waste 
program, EPA is making technical corrections to provisions referenced 
in its immediate final rule published in the Federal Register on May 3, 
1993 (58 FR 26242) and effective August 6, 1993 (58 FR 31911) which 
authorized the State for other earlier revisions to its 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 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 Vermont's application to revise its authorized 
program meets all of the statutory and regulatory requirements 
established by RCRA. Therefore, we grant Vermont Final authorization to 
operate its hazardous waste program with the changes described in the 
authorization application. Vermont has responsibility for permitting 
Treatment, Storage, and Disposal Facilities (TSDFs) within its borders 
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. However, when 
today's approval takes effect, Vermont will be authorized to administer 
almost all of these HSWA requirements, as well as being authorized for 
almost all the pre-HSWA requirements.

C. What is the Effect of Today's Authorization Decision?

    The effect of this decision is that a facility in Vermont 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. Vermont 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:

 Do inspections, and require monitoring, tests, analyses or 
reports
 Full authority to enforce RCRA requirements and suspend or 
revoke permits

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

[[Page 51703]]

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. Vermont has already addressed any comments raised during 
the State rulemaking public comment period, prior to adopting these 
rules on September 30, 1998. We are providing an opportunity for public 
comment now. In the proposed rules section of today's Federal Register 
we are publishing a separate document that proposes to authorize the 
state program changes. If we receive comments which oppose this 
authorization, that document will serve as a proposal to authorize the 
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. We 
then will address all public comments in a Federal Register notice. You 
may not have another opportunity to comment. If you want to comment on 
this action, 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 program, we may withdraw 
only that part of today's authorization rule. The authorization of the 
program changes that are not opposed by any comments may 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 Vermont Previously Been Authorized For?

    Vermont initially received final authorization on January 7, 1985, 
effective January 21, 1985 (50 FR 775) to implement its base hazardous 
waste management program. The Region published an immediate final rule 
for Vermont's revisions to its program on May 3, 1993 (58 FR 26242) and 
reopened the comment period for those revisions June 7, 1993 (58 FR 
31911). The authorization became effective August 6, 1993 (58 FR 
31911).

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

    On September 15, 1999 Vermont submitted a final complete program 
revision application, seeking authorization for their changes in 
accordance with 40 CFR 271.21. These revisions address federal 
regulatory provisions promulgated in the following rule clusters 
(``cluster'' is the term used to designate a time frame, usually a 
year, during which multiple federal regulatory changes occurred): Non-
HSWA Cluster V and VI, HSWA Cluster II, RCRA Clusters I through VIII. 
We now make an immediate final decision, subject to receipt of written 
comments that oppose this action, that Vermont's hazardous waste 
program revision satisfies all of the requirements necessary to qualify 
for Final authorization. Therefore, we grant Vermont final 
authorization for the following program:

----------------------------------------------------------------------------------------------------------------
           Description of Federal requirement                         Analogous State authority \1\
----------------------------------------------------------------------------------------------------------------
                       Non-HSWA V
(58) Standards for Generators of Hazardous Waste: 53 FR  7-109, Vermont Uniform Hazardous Waste Manifest.
 45089-45093, 11/8/88.
                      Non-HSWA VI
(64) Delay of Closure Period for Hazardous Waste         7-504, 7-510, 7-507.
 Management Facilities: 54 FR 33376-33398, 8/14/89.
(67) Testing and Monitoring Activities: 54 FR 40260-     7-219, 7-210.
 40269, 9/29/89.
(70) Changes to Part 124 Not Accounted for by Present    7-504, 7-505, 7-507, 7-508, 7-509, 7-506, 7-506.
 Checklists: 48 FR 14146-14295, 4/1/83, 48 FR 30113-
 30115, 6/30/83, 53 FR 28118-28157, 7/26/88, 53 FR
 37396-37414, 9/26/88, 54 FR 246-258, 1/4/89.
(72) Modification of F019 Listing: 55 FR 5340-5342, 2/   7-210
 14/90.
(73) Testing and Monitoring Activities; Technical        7-219.
 Corrections: 55 FR 8948-8950, 3/9/90.
(76) Criteria for Listing Toxic Wastes; Technical        7-213, 7-216.
 Amendment: 55 FR 18726, 5/4/90.
(78N) Land Disposal Restrictions for Third Third         See Table IV, Special Consolidated Checklist for Land
 Scheduled Wastes: 55 FR 22520-22720, 6/1/90.             Disposal Restrictions.
                        HSWA II
(42) Exception Reporting for Small Quantity Generators   7-707.
 of Hazardous Waste: 52 FR 35894-35899, 9/23/87.
(44A-G) HSWA Codification Rule 2: 52 FR 45788-45799, 12/
 1/87:
    44A--Permit Application Requirements Regarding       7-505.
     Corrective Action.
    44B--Corrective Action Beyond Facility Boundary....  7-504.
    44C--Corrective Action for Injection Wells.........  13.UIC.23(c).
    44D--Permit Modification...........................  Checklist eliminated by Revision Checklist 54.
    44E--Permit as a Shield Provision..................  No State Analog, more stringent.
    44F--Permit Conditions to Protect Human Health and   10 VSA Sec.  6606(b)(9).
     the Environment.
    44G--Post Closure Permits..........................  7-504.
(47) Identification and Listing of Hazardous Waste;      7-306.
 Technical Correction: 53 FR 27162-27163, 7/19/88.
(48) Farmer Exemptions; Technical Corrections: 53 FR     7-203, 7-502.
 27164-27165, 7/19/88.
(68) Reportable Quantity Adjustment Methyl Bromide       7-212, 7-219, Appendix I, Appendix IX.
 Production Wastes: 54 FR 41402-41408, 10/6/89.
(69) Reportable Quantity Adjustment: 54 FR 50968-50979,  7-210, Appendix IX, Appendix II.
 12/11/89.
(75) Listing of 1,1-Dimethylhydrazine Production         7-212, 7-219, Appendix I, Appendix IX.
 Wastes: 55 FR 18496-18506, 5/2/90.

[[Page 51704]]

 
(77) HSWA Codification Rule, Double Liners, Correction:  Superceded by Checklist 100 listed below.
 55 FR 19262-19264, 5/9/90.
(79) Organic Air Emission Standards for Process Vents    7-219, 7-502, 7-504, 7-505, 7-510, 7-604, 7-604, 6-605,
 and Equipment Leaks: 55 FR 25454-25519, 6/21/90.         6-606, 6-606.
                         RCRA I
(81) Petroleum Refinery Primary and Secondary Oil/Water/ 7-210, Appendix IX.
 Solids Separation Sludge Listings (F037 and F038): 55
 FR 46354-46397 11/2/90, as amended on 12/17/90, at 55
 FR 51707.
(87) Organic Air Emission Standards for Process Vents    7-504, 7-504, 7-504, 7-510, 7-505.
 and Equipment Leaks; Technical Amendment: 56 FR 19290,
 4/26/91.
(88) Administrative Stay for K069 Listing: 56 FR 19951,  7-212, Appendix I.
 5/1/91.
(89) Revision to the Petroleum Primary and Secondary     7-210.
 Oil/Water/Solids Separation Sludge Listings (F037 and
 F038): 56 FR 21955-21960, 5/13/91.
                        RCRA II
(97) Exports of Hazardous Waste; Technical Correction:   7-705, 7-708.
 56 FR 43704-43705, 9/4/91.
(99) Amendments to Interim Status Standards for          7-103, 7-504, 7-510, 7-504.
 Downgradient Ground-Water Monitoring Well Locations:
 56 FR 66365-66369, 12/23/91.
(100) Liners and Leak Detection Systems for Hazardous    7-103, 7-504, 7-505, 7-507, 7-510.
 Waste Land Disposal Units: 57 FR 3462-3497, 1/29/92.
(104) Used Oil Filter Exclusion: 57 FR 21524-21534, 5/   7-203.
 20/92.
                        RCRA III
(107) Used Oil Filter Exclusion; Technical Correction:   7-203.
 57 FR 29220, 7/1/92.
(113) Consolidated Liability Requirements: 53 FR 33938-  7-504, 7-510.
 33960, 9/1/88; 56 FR 30200, 7/1/91; 57 FR 42832-42844,
 9/16/92.
(115) Chlorinated Toluenes Production Waste Listing: 57  7-212, Appendix I, Appendix IX.
 FR 47376-47386, 10/15/92.
(118) Liquids in Landfills II: 57 FR 54452-54461, 11/18/ 7-103, 7-504, 7-504, 7-504, 7-510.
 92.
(121) Corrective Action Management Units and Temporary   7-103, 7-510, 7-504, 7-504, 7-504, 7-510, 7-106, 7-507.
 Units: 58 FR 8658-8685, 2/16/93.
                        RCRA IV
(126) Testing and Monitoring Activities: 58 FR 46040-    7-219, 7-217, 7-206, 7-219, 7-206, 7-208, 7-504, 7-504,
 46050, 8/31/93, as amended at 59 FR 47980-47982, 9/19/   7-504, 7-510, 7-106, 7-505, 7-511, 7-511.
 94.
(128) Wastes From the Use of Chlorophenolic              7-219, Appendix II.
 Formulations in Wood Surface Protection: 59 FR 458-
 469, 1/4/94.
(129) Revision of Conditional Exemption for Small Scale  7-203.
 Treatability Studies: 59 FR 8362-8366, 2/18/94.
(131) Recordkeeping Instructions; Technical Amendment:   7-504, 7-504, 7-504, 7-510, 7-504.
 59 FR 13891-13893, 3/24/94.
(132) Wood Surface Protection; Correction: 59 FR 28484,  7-219.
 6/2/94.
(133) Letter of Credit Revision: 59 FR 29958-29960, 6/   7-504, 7-504.
 10/94.
(134) Correction of Beryllium Powder (P015) Listing: 59  7-215, Appendix IV, Appendix II, 7-106.
 FR 31551-31552, 6/20/94.
                         RCRA V
(135) Recovered Oil Exclusion: 59 FR 38536-38545, 7/28/  7-512.
 94.
(139) Testing and Monitoring Activities Amendment I: 60  7-219.
 FR 3089-3095, 1/13/95.
(141) Testing and Monitoring Activities Amendment II:    7-219.
 60 FR 17001-17004, 4/4/95.
(142A) Universal Waste; General Provisions: 60 FR 25492- 7-103, 7-911, 7-305, 7-204, 7-306, 7-203, 7-202, 7-502,
 25551, 5/11/95.                                          7-106, 7-901, 7-910, 7-910, 7-305, 7-912, 7-912, 7-
                                                          912, 7-912, 7-913, 7-914, 7-915, 7-915.
(142B) Universal Waste Rule; Specific Provisions for     7-911, 7-203, 7-502, 7-204, 7-106, 7-901, 7-902.
 Batteries: 60 FR 25492-25551, 5/11/95.
(142C) Universal Waste Rule; Specific Provisions for     7-911, 7-203, 7-502, 7-106, 7-901, 7-903, 7-912.
 Pesticides: 60 FR 25492-25551, 5/11/95.
(142D) Universal Waste Rule; Specific Provisions for     7-911, 7-2030, 7-502, 7-106, 7-901, 7-904, 7-912.
 Thermostats: 60 FR 25492-25551, 5/11/95.
(142E) Universal Waste Rule; Petition Provisions to Add  7-916.
 a New Universal Waste: 60 FR 25492-25551, 5/11/95.
(144) Removal of Legally Obsolete Rules: 60 FR 33912-    7-210, 7-512, 7-109, 7-103, 7-510, 7-504, 7-505.
 33915, 6/29/95.
                        RCRA VI
(145) Liquids in Landfills III: 60 FR 35703-35706, 7/11/ 7-504, 7-510.
 95.
(150) Amendments to the Definition of Solid Waste: 61    No State Analog, more stringent.
 FR 13103-13106, 3/26/96.

[[Page 51705]]

 
(151) Land Disposal Restriction Phase III--              7-106.
 Decharacterized Wastewaters, Carbamate Wastes, and
 Spent Potliners: 61 FR 15566-15660, 4/8/96 as amended
 4/8/96 at 61 FR 15660-15668; as amended 4/30/96 at 61
 FR 19117; as amended 6/28/96 at 61 FR 33680-33690; as
 amended 7/10/96 at 61 FR 36419-36421; as amended 8/26/
 96 at 61 FR 43924-43931; as amended 2/19/97 at 62 FR
 7502-7600.
                        RCRA VII
(153) Conditionally Exempt Small Quantity Generator      7-306.
 Disposal Options under Subtitle D: 61 FR 34252-34278,
 7/1/96.
(154) Consolidated Organic Air Emission Standards for    7-1090, 7-219, 7-604, 7-307, 7-308, 7-504, 7-504, 7-
 Tanks, Surface Impoundments, and Containers: 59 FR       504, 7-510, 7-505(b).
 62896-62953, 12/6/94, as amended by 60 FR 26828-26829,
 5/19/95, 60 FR 50426-50430, 9/29/95, 60 FR 56952-
 56954, 11/13/95, 61 FR 4903-4916, 2/9/96, 61 FR 28508-
 28511, 6/5/96, 61 FR 59932-59997, 11/25/96.
(155) Land Disposal Restrictions Phase III--Emergency    7-106.
 Extension of the K088 Capacity Variance: 62 FR 1992-
 1997, 1/14/97.
(157) Land Disposal Restrictions Phase IV--Treatment     7-106, 7-204.
 Standards for Wood Preserving Wastes, Paperwork
 Reduction and Streamlining, Exemptions from RCRA for
 Certain Processed Materials; and Miscellaneous
 Hazardous Waste Provisions: 62 FR 25998-26040, 5/12/97.
(158) Testing and Monitoring Activities Amendment III:   7-219, 7-504, 7-510, 7-512.
 62 FR 32452-32463, 6/13/97.
                       RCRA VIII
(163) Organic Air Emission Standards for Tanks, Surface  7-109, 7-505, 7-604. VT did not submit a checklist for
 Impoundments, and Containers; Clarification and          this because the rules listed therein have been
 Technical Amendment: 62 FR 64636-64671, 12/8/97.         incorporated by reference at 7-505 and 7-604.
            Special Consolidated Checklists
Consolidated Checklist for the Burning of Hazardous
 Waste in Boilers and Industrial Furnaces as of 6/30/
 97:
    (85) Burning of Hazardous Wastes in Boilers and      7-103, 7-219, 3 Vermont Statutes Annotated (VSA) 801 et
     Industrial Furnaces: 56 FR 7134, 2/21/91;            seq., 7-106, 7-216, 7-217, 7-203, 7-204, 7-212,
    (94) Burning of Hazardous Wastes in Boilers and       Appendix I, Appendix IX, 7-504, 7-510, 7-512, 7-504, 7-
     Industrial Furnaces; Corrections and Technical       510, 7-505, 7-507, 7-511.
     Amendments: 56 FR 32688, 7/17/91;
    (96) Burning of Hazardous Wastes in Boilers and
     Industrial Furnaces; Technical Amendments II: 56
     FR 42504 8/27/91;
    (98) Coke Ovens Administrative Stay: 56 FR 43874 9/
     5/91;
    (105) Recycled Coke By-Product Exclusion: 57 FR
     27880 6/22/92;
    (110) Coke By-Products Listing: 57 FR 37284 8/18/
     92;
    (111) Boilers and Industrial Furnaces; Technical
     Amendment III: 57 FR 38558, 8/25/92;
    (114) Boilers and Industrial Furnaces: Technical
     Amendment IV: 57 FR 44999, 9/30/92;
    (125) Boilers and Industrial Furnaces; Changes for
     Consistency with New Air Regulations: 58 FR 38816,
     7/20/93 and
    (127) Boilers and Industrial Furnaces:
     Administrative Stay and Interim Standards for
     Bevill Residues: 58 FR 59598, 11/9/93.
Consolidated Checklist for the Land Disposal
 Restrictions as of 6/30/95:
    (34) Land Disposal Restrictions: 51 FR 40572, 11/7/  1 VSA Ch. 5, Subchapter 3, 7-109, 7-103, 7-106, 3 VSA
     86 as amended on 6/4/87 at 52 FR 21010 (authorized   801 et seq., 7-217, 7-218, 1 VSA 316(3), 7-109, 7-219,
     1993);                                               7-608, Recycle and Reuse Form/Oct. '97, , 7-201, 7-
    (39) California List Waste Restrictions: 52 FR        203, 7-204, 7-306, 7-306, 7-305, 7-202, 7-205, 7-206,
     25760, 7/8/87 as amended on 10/27/87 at 52 FR        7-207, 7-208, 7-202, 7-210, 7-214, 7-202, Appendix IX,
     41295;                                               7-303, 7-204, 7-307, 7-307, 7-311, 7-311, 7-308, 7-
    (50) Land Disposal Restrictions for First Third       308, 7-307, 7-203, 7-404, 7-502, 7-501, 7-504, 7-510,
     Scheduled Wastes: 53 FR 31138, 8/17/88 as amended    7-607, 7-512, 7-510.
     on 2/27/89 at 54 FR 8264;
    (62) Land Disposal Restriction Amendments to First
     Third Scheduled Wastes: 54 FR 18836, 5/2/89);
    (63) Land Disposal Restrictions for Second Third
     Schedules Wastes: 54 FR 26594, 6/23/89;
    (66) Land Disposal Restrictions: Correction to the
     First Third Scheduled Wastes: 54 FR 36967, 9/6/89
     as amended on 6/13/90 at 55 FR 23935;
    (78H) Land Disposal Restrictions for Third Third
     Scheduled Wastes: 55 FR 22520, 6/1/90;
    (83) Land Disposal Restrictions for Third Third
     Scheduled Wastes; Technical Amendment: 56 FR 3864,
     1/31/91;
    (95) Land Disposal Restrictions for Electric Arc
     Furnace Dust (K061): 56 FR 41164, 8/19/91;
    (102) Second Correction to the Third Third Land
     Disposal Restrictions: 57 FR 8086, 3/6/92
    (103) Hazardous Debris Case-by-Case Capacity
     Variance: 57 FR 20766, 5/15/92;

[[Page 51706]]

 
    (106) Lead-Bearing Hazardous Materials Case-by-Case
     Capacity Variance: 57 FR 28628, 6/26/92;
    (109) Land Disposal Restrictions for Newly Listed
     Waste and Hazardous Debris: 57 FR 37194, 8/18/92;
    (116) Hazardous Soil Case-by-Case Capacity
     Variance: 57 FR 47772, 10/20/92;
    (123) Land Disposal Restrictions; Renewal of the
     Hazardous Waste Debris Case-by-Case Capacity
     Variance: 58 FR 28506, 5/14/93;
    (124) Land Disposal Restrictions for Ignitable and
     Corrosive Characteristic Wastes Whose Treatment
     Standards Were Vacated; 58 FR 29860, 5/24/93;
    (136) Removal of the Conditional Exemption for
     Certain Slag Residues: 59 FR 43496, 8/24/94.
Consolidated Checklist for the Bevill Exclusion for
 Mining Wastes as of 6/30/97:
    (53) Identification and Listing of Hazardous Waste:  7-103, 7-202, 7-203, 7-203, 7-212, Appendix I, Appendix
     and Designation, Reportable Quantities, and          IX, 7-202.
     Notification: 53 FR 35412, 9/13/88 (authorized
     1993);
    (65) Mining Waste Exclusion I: 54 FR 36592, 9/1/89;
    (71) Mining Waste Exclusion II: 55 FR 2322, 1/23/
     90; and
    (90) Mining Exclusion III: 56 FR 27300, 6/13/91.
Consolidated Checklist for the Toxicity Characteristics
 Revisions as of 6/30/97:
    (74) Toxicity Characteristic Revisions: 55 FR        7-202, 7-203, 7-204, 7-208, 7-209, 7-208, 7-219, 7-504,
     11748, 3/29/90 as amended on 6/29/90 at 55 FR        7-510, 7-106.
     26986 (authorized 1993);
    (80) Toxicity characteristic; Hydrocarbon: 55 FR
     40834 10/5/90, 56 FR 3978 as amended on 2/1/91 at
     56 FR 13406, 4/2/91;
    (84) Toxicity Characteristic; Chlorofluorocarbon
     Refrigerants: 56 FR 5910, 2/13/91;
    (108) Toxicity Characteristic Revisions: 57 FR
     30657, 7/10/92;
    (117 B) Toxicity Characteristic Amendment: 57 FR
     23062, 6/1/92; and
    (119) Toxicity Characteristic Revision; TCLP
     Correction: 57 FR 55114, 11/24/92.
Consolidated Checklist for Recycled Used Oil Management
 Standards as of 6/30/97:
    (112) Recycled Used Oil Management Standards: 57 FR  7-103, 7-802, 7-805, 7-203, 7-204, 7-502, 7-512, 7-801,
     41566, 9/10/92;                                      7-803, 7-805, 7-804, 7-812, 7-807, 7-806, 7-810, 7-
    (122) Recycled Used Oil Management Standards;         808, 7-809, 7-811, 7-813, 7-812.
     Technical Amendments and Corrections: 58 FR 26420,
     5/3/93 as amended on 6/17/93 at 58 FR 33341; and
    (130) Recycled Used Oil Management Standards;
     Technical Amendments and Corrections II: 59 FR
     10550, 3/4/94.
Consolidated Checklist for the Wood Preserving Listings
 as of 6/30/97:
    (82) Wood Preserving Listings: 55 FR 50450, 12/6/    7-103, 7-204, 7-210, 7-219, Appendix IX, Appendix II, 7-
     90;                                                  307, 7-308, 7-311, 7-504, 7-510, 7-505.
    (91) Wood Preserving Listings: 56 FR 27332, 6/13/
     91;
    (92) Wood Preserving Listings; Technical
     Corrections: 56 FR 30192, 7/1/91;
    (101) Administrative Stay for the Requirement that
     Existing Drip Pads Be Impermeable: 57 FR 5859, 2/
     18/92;
    (120) Wood Preserving; Revisions to Listings and
     Technical Requirements: 57 FR 61492, 12/24/92.
----------------------------------------------------------------------------------------------------------------
\1\ Hazardous Waste Management Regulations, effective 9/30/98; Water Pollution Control Regulations, Subchapter
  13, effective 6/21/84; Vermont Statutes Annotated 1998.

    EPA cannot delegate the Federal requirements at 40 CFR 268.5, 
268.6, and 268.42(b). At 7-106 Vermont's rules stipulate that these 
sections are not incorporated by reference and that authority for 
implementing these requirements remains with EPA.
    In addition to updating its program, Vermont has reformatted and 
renumbered its Waste Management Regulations and, therefore, some rule 
numbers for previously authorized rules have been changed. As part of 
this application, Vermont submitted updated base program checklists and 
revision checklists for which the State received authorization in 1993. 
These checklists list the current state analogs to federal base program 
requirements and are available for inspection and copying at the 
locations listed above.

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

    The State rules are more stringent than the minimum requirements 
set forth in the federal regulations in various respects including 
those discussed below. Vermont also has some requirements which are 
different from the federal requirements, but which we have determined 
are equally stringent.
    We consider the following updated State requirements to be more 
stringent than the Federal requirements: Vermont does not permit 
disposal in underground injection wells, therefore it does not have 
analogous provisions to 40 CFR144.1(h), 144.31(g)(1), (2), and (3); 40 
CFR 265.2(c)(2) and 40 CFR 270.60(b)(3)(i) and (ii) which are the

[[Page 51707]]

requirements for Corrective Action for Injection Wells listed in 
Revision checklist 44C. Vermont does not permit the use of a permit as 
shield, therefore it does not have an analog for 40 CFR 260.4(a) listed 
in Revision Checklist 44E. Vermont does not grant the exclusion at 40 
CFR 261.4(a)(12) for recovered used oil listed on revision checklist 
150. Vermont used Checklist 153 to restate that it does not allow the 
wastes generated by conditionally exempt small quantity generators to 
be disposed of in Subtitle D landfills. These requirements are part of 
Vermont's authorized program and are federally enforceable.
    In this revision Vermont modified its regulations for satellite 
accumulation and for storage prior to the recycling of recyclable 
materials. EPA's Satellite Accumulation rule promulgated on December 
20, 1984 (40 FR 49571) allows generators to accumulate up to 55 gallons 
of hazardous waste or one quart of acutely hazardous waste in a 
satellite area at or near the point of generation, so long as specified 
requirements are met. The Vermont program allows one 55-gallon drum or 
one quart of acutely hazardous waste per waste stream to be accumulated 
in central storage areas subject to full hazardous waste requirements, 
or at the point of generation. Although this is not identical to the 
EPA regulation, EPA has determined that these rules for managing wastes 
are protective of human health and the environment and are equivalent 
to the federal regulation.
    Vermont modified its recycling regulations in Subchapter 6. 
Specifically, their rule will allow recyclers to temporarily place 
incoming recyclable materials in a staging area for up to three days 
without a storage permit. In case-by-case instances EPA has previously 
agreed that States administering the RCRA program have some discretion 
to determine that short periods of accumulation by recyclers of 
incoming material do not constitute storage and thus would not trigger 
the RCRA storage permitting requirements. Following these precedents, 
the Region has determined that Vermont's staging regulation is 
equivalent to the federal program and thus federally approvable.

I. Who Handles Permits After This Authorization Takes Effect?

    Vermont will issue permits for all the provisions for which it is 
authorized and will administer the permits it issues. We will not issue 
any more new permits or new portions of permits for the provisions 
listed in the Table above after the effective date of this 
authorization. EPA will continue to implement and issue permits for any 
HSWA requirements for which Vermont is not yet authorized.

J. What Technical Corrections Is EPA Making Today?

    At 58 FR 26243, May 3, 1993, Region 1 noted in the preamble that 
Vermont was not seeking to delist federally listed wastes since Section 
7-216(3) (now at 7-217(c)) provides that any delisting of a hazardous 
waste which is listed as hazardous under 40 CFR Part 261 shall be 
conducted by EPA. However, the crosswalk at 58 FR 26250 (May 3, 1993) 
incorrectly listed this rule on checklist 17B as authorized. The Region 
is correcting this error today to note that Vermont did not seek 
authorization for this rule. Also, on that crosswalk in the Federal 
Register the titles for the rules addressed by checklists 19 and 34 
were incomplete. These omissions are being corrected today and the 
complete titles are as listed below. The title information for 
Checklist 19 is: Burning of Waste Fuel and Used Oil Fuel in Boilers and 
Industrial Furnaces, 50 FR 49164-49211, November 29, 1985 as amended on 
April 13, 1987, at 52 FR 11819-11822. The title information for 
Checklist 34 is: Land Disposal Restrictions, 51 FR 40572-40654, 
November 7, 1986 as amended on June 4, 1987, at 52 FR 21010-21018. 
Finally, in 1993 Vermont sought authorization for four rules for which 
EPA does not use checklists. Inadvertently, these rules were omitted 
from the May 3, 1993 (58 FR 2642) crosswalk. The rules SR1, concerning 
existing and newly regulated surface impoundments regulated under HSWA 
Sec. 3005(j)(1) & (6); SR2, concerning variances under Sec. 3005(j)(2)-
(9) and (13) regulated under HSWA Sec. 3005(j)(2)-(9); CP, concerning 
hazardous and used oil fuel criminal penalties regulated under HSWA 
Sec. 3006(h), 3008(d), and 3014 and SI, concerning sharing of 
information with the Agency for Toxic Substances and Disease Registry 
were addressed in Vermont's Attorney General Statement dated October 4, 
1990. These omissions are being corrected today to state that Vermont 
is authorized for these rules.

K. What Is Codification and Is EPA Codifying Vermont's Hazardous 
Waste 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 
program into the Code of Federal Regulations, as federal regulations. 
We do this by referencing the authorized State rules in 40 CFR Part 
272. EPA is authorizing but not codifying Vermont's updated program at 
this time. We reserve the amendment of 40 CFR Part 272, Subpart UU for 
this authorization of Vermont's program until a later date.

L. Regulatory Analysis and Notices

Unfunded Mandates Reform Act
    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, EPA 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``Federal mandates'' that 
may result in expenditures to State, local, and tribal governments, in 
the aggregate, or to the private sector, of $100 million or more in any 
one year.
    Before promulgating an EPA rule for which a written statement is 
needed, section 205 of the UMRA generally requires EPA to identify and 
consider a reasonable number of regulatory alternatives and adopt the 
least costly, most cost-effective or least burdensome alternative that 
achieves the objectives of the rule. The provisions of section 205 do 
not apply when they are inconsistent with applicable law. Moreover, 
section 205 allows EPA to adopt an alternative other than the least 
costly, most cost-effective or least burdensome alternative if the 
Administrator publishes with the final rule an explanation why that 
alternative was not adopted. Before EPA establishes any regulatory 
requirements that may significantly or uniquely affect small 
governments, including tribal governments, it must have developed under 
section 203 of the UMRA a small government agency plan. The plan must 
provide for notifying potentially affected small governments, enabling 
officials of affected small governments to have meaningful and timely 
input in the development of EPA regulatory proposals with significant 
Federal intergovernmental mandates, and informing, educating, and 
advising small governments on compliance with the regulatory 
requirements.
    EPA has determined that section 202 and 205 requirements do not 
apply to today's action because this rule does not contain a Federal 
mandate that may result in annual expenditures of $100 million or more 
for State, local, and/or tribal governments in the aggregate, or the 
private sector. Costs to State, local and/or tribal governments already 
exist under the Vermont program, and today's action does not impose any 
additional obligations on regulated entities. In fact,

[[Page 51708]]

EPA's approval of State programs generally may reduce, not increase, 
compliance costs for the private sector. Further, as it applies to the 
State, this action does not impose a Federal intergovernmental mandate 
because UMRA does not include duties arising from participation in a 
voluntary federal program.
    The requirements of section 203 of UMRA also do not apply to 
today's action because this rule contains no regulatory requirements 
that might significantly or uniquely affect small governments. Although 
small governments may be hazardous waste generators, transporters, or 
own and/or operate TSDFs, they are already subject to the regulatory 
requirements under the existing State laws that are being authorized by 
EPA, and, thus, are not subject to any additional significant or unique 
requirements by virtue of this program approval.

Certification Under the Regulatory Flexibility Act

    Pursuant to the Regulatory Flexibility Act (5 U.S.C. 601 et seq., 
as amended by the Small Business Regulatory Enforcement Fairness Act of 
1996), whenever an agency is required to publish a notice of rulemaking 
for any proposed or final rule, it must prepare and make available for 
public comment a regulatory flexibility analysis that describes the 
effect of the rule on small entities (i.e., small businesses, small 
organizations, and small governmental jurisdictions). This analysis is 
unnecessary, however, if the agency's administrator certifies that the 
rule will not have a significant economic impact on a substantial 
number of small entities.
    The EPA has determined that this authorization will not have a 
significant economic impact on a substantial number of small entities. 
Such small entities which are hazardous waste generators, transporters, 
or which own and/or operate TSDFs are already subject to the regulatory 
requirements under the existing State laws that are now being 
authorized by EPA.
    The EPA's authorization does not impose any significant additional 
burdens on these small entities. This is because EPA's authorization 
would simply result in an administrative change, rather than a change 
in the substantive requirements imposed on these small entities.
    Pursuant to the provision at 5 U.S.C. 605(b), the Agency hereby 
certifies that this authorization will not have a significant economic 
impact on a substantial number of small entities. This authorization 
approves regulatory requirements under existing State law to which 
small entities are already subject. It does not impose any new burdens 
on small entities. This rule, therefore, does not require a regulatory 
flexibility analysis.

Submission to Congress and the Comptroller General

    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 rule and 
other required information to the U.S. Senate, the U.S. House of 
Representatives and the Comptroller General of the United States prior 
to publication of the rule in today's Federal Register. This rule is 
not a ``major rule'' as defined by 5 U.S.C. 804(2).

Compliance With Executive Order 12866

    The Office of Management and Budget has exempted this rule from the 
requirements of Executive Order 12866.

Compliance With Executive Order 12875

    Under Executive Order 12875, EPA may not issue a regulation that is 
not required by statute and that creates a mandate upon a State, local 
or tribal government, unless the Federal government provides the funds 
necessary to pay the direct compliance costs incurred by those 
governments, or EPA consults with those governments. If EPA complies 
with consulting, Executive Order 12875 requires EPA to provide to the 
Office of Management and Budget a description of the extent of EPA's 
prior consultation with representatives of affected State, local and 
tribal governments, the nature of their concerns, copies of any written 
communications from the governments, and a statement supporting the 
need to issue the regulation. In addition, Executive Order 12875 
requires EPA to develop an effective process permitting elected 
officials and other representatives of State, local and tribal 
governments ``to provide meaningful and timely input in the development 
of regulatory proposals containing significant unfunded mandates.''
    This rule does not create a mandate on State, local or tribal 
governments. The rule does not impose any enforceable duties on these 
entities. The State administers its hazardous waste program 
voluntarily, and any duties on other State, local or tribal 
governmental entities arise from that program, not from this action. 
Accordingly, the requirements of Executive Order 12875 do not apply to 
this rule.
    On August 4, 1999, President Clinton issued a new executive order 
on federalism, Executive Order 13132, (64 FR 43255 (August 10, 1999)), 
which will take effect on November 2, 1999. In the interim, the current 
Executive Order 12612 (52 FR 41685 (October 30, 1987)), on federalism 
still applies. This rule will not have substantial direct effect on 
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 12612 
because this rule affects only one State. In addition, this rule simply 
approves the State's proposal to be authorized for updated requirements 
in the hazardous waste program that the state has voluntarily chosen to 
operate. Finally, as a result of this action, for provisions enacted 
pursuant to the Hazardous and Solid Waste Amendments of 1984 (HSWA), 
those newly authorized provisions of the State's program now apply in 
Vermont in lieu of the equivalent Federal program provisions. Affected 
parties are subject only to those authorized state program provisions, 
as opposed to being subject both to the Federal and State program 
provisions.

Compliance With Executive Order 13045

    Executive Order 13045, ``Protection of Children from Environmental 
Health Risks and Safety Risks,'' applies to any rule that: (1) The 
Office of Management and Budget determines is ``economically 
significant'' as defined under Executive Order 12866, and (2) concerns 
an environmental health or safety risk that EPA has reason to believe 
may have a disproportionate effect on children. If the regulatory 
action meets both criteria, the Agency must evaluate the environmental 
health or safety effects of the planned rule on children and explain 
why the planned regulation is preferable to other potentially effective 
and reasonably feasible alternatives considered by the Agency.
    This rule is not subject to Executive Order 13045 because it is not 
an economically significant rule as defined by Executive Order 12866, 
and because it does not involve federal decisions based on 
environmental health or safety risks, but rather involves approval of a 
state program.

[[Page 51709]]

Compliance With Executive Order 13084

    Under Executive Order 13084, EPA may not issue a regulation that is 
not required by statute, that significantly or uniquely affects the 
communities of Indian tribal governments, and that imposes substantial 
direct compliance costs on those communities, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by the tribal governments, or EPA consults with those 
governments. If EPA complies with consulting, Executive Order 13084 
requires EPA to provide to the Office of Management and Budget, in a 
separately identified section of the preamble to the rule, a 
description of the extent of EPA's prior consultation with 
representatives of affected tribal governments, a summary of the nature 
of their concerns, and a statement supporting the need to issue the 
regulation. In addition, Executive Order 13084 requires EPA to develop 
an effective process permitting elected officials and other 
representatives of Indian tribal governments ``to provide meaningful 
and timely input in the development of regulatory policies on matters 
that significantly or uniquely affect their communities.''
    This rule is not subject to Executive Order 13084 because it does 
not significantly or uniquely affect the communities of Indian tribal 
governments as there are no Federally recognized Indian Tribes in 
Vermont.

Paperwork Reduction Act

    Under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., Federal 
agencies must consider the paperwork burden imposed by any information 
request contained in a proposed rule or a final rule. This rule will 
not impose any additional information requirements upon the regulated 
community, as the State regulations being approved already are in 
effect under State law.

National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (``NTTAA''), Public Law 104-113, Section 12(d) (15 U.S.C. 
272 note) directs EPA to use voluntary consensus standards in its 
regulatory activities unless to do so would be inconsistent with 
applicable law or otherwise impractical. Voluntary consensus standards 
are technical standards (e.g., materials specifications, test methods, 
sampling procedures, and business practices) that are developed or 
adopted by voluntary consensus standards bodies. The NTTAA directs EPA 
to provide Congress, through OMB, explanations when the Agency decides 
not to use available and applicable voluntary consensus standards.
    This action does not involve adopting new federal technical 
standards. Therefore, EPA did not consider the use of any voluntary 
consensus standards.

List of Subjects in 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 record keeping requirements, Water pollution control, 
Water supply.

    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, and 6974(b).

    Dated: September 17, 1999.
John P. DeVillars,
Regional Administrator, Region I.
[FR Doc. 99-24908 Filed 9-23-99; 8:45 am]
BILLING CODE 6560-50-P