[Federal Register Volume 65, Number 134 (Wednesday, July 12, 2000)]
[Rules and Regulations]
[Pages 42871-42879]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-17345]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-6732-8]


Delaware: Final Authorization of State Hazardous Waste Management 
Program Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate final rule.

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SUMMARY: Delaware has applied to EPA for Final authorization of 
revisions to its hazardous waste program under the Resource 
Conservation and Recovery Act (RCRA). The revisions cover regulatory 
changes adopted on August 23, 1999 to the State's authorized hazardous 
waste program, which include various amendments to Federal hazardous 
waste regulations through January 21, 1999. EPA has determined that 
Delaware's hazardous waste program revisions satisfy all of the 
requirements necessary to qualify for Final authorization, and is 
authorizing the state program revisions through this immediate final 
action. EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial action and does not anticipate 
adverse comments. However, in the proposed rules section of this 
Federal Register, EPA is publishing a separate document that will serve 
as a proposal to authorize the revisions should the Agency receive 
adverse comment. If EPA receives comments that oppose this action or 
portion(s) thereof, we will publish a document in the Federal Register 
withdrawing this rule or portion(s) thereof before it takes effect, and 
the separate document in the proposed rules section of this Federal 
Register will serve as a proposal to authorize the changes. Unless EPA 
receives adverse written comments during the review and comment period, 
the decision to authorize Delaware's hazardous waste program revisions 
will take effect.

DATES: This Final authorization for Delaware will become effective 
without further notice on September 11, 2000, unless EPA receives 
adverse comments by August 11, 2000. Once again, if EPA should receive 
such comments on its decision, the Agency will publish a timely 
withdrawal informing the public that this rule will not take effect.

ADDRESSES: Send written comments to Lillie Ellerbe, Mailcode 3WC21, 
RCRA State Programs Branch, U.S. EPA Region III, 1650 Arch Street, 
Philadelphia, PA 19103, Phone number: (215) 814-5454. Copies of the 
Delaware program revision application and the materials which EPA used 
in evaluating the revision are available for inspection and copying 
from 8 a.m. to 4:30 p.m., Monday through Friday at the following 
addresses: Department of Natural Resources & Environmental Control, 
Division of Air & Waste Management, 89 Kings Highway, Dover, DE 19901, 
Phone number 302-739-3689 and EPA Region III, Library, 2nd Floor, 1650 
Arch Street, Philadelphia, PA 19103, Phone number: (215) 814-5254.

[[Page 42872]]


FOR FURTHER INFORMATION CONTACT: Lillie Ellerbe, Mailcode 3WC21, RCRA 
State Programs Branch, U.S. EPA Region III, 1650 Arch Street, 
Philadelphia, PA 19103, Phone number: (215) 814-5454.

SUPPLEMENTARY INFORMATION:

A. Why Are Revisions to State Programs Necessary?

    RCRA, as amended by the Hazardous and Solid Waste Amendments of 
1984 (HSWA), provides for authorization of State hazardous waste 
programs under Subtitle C. Under RCRA section 3006, EPA may authorize a 
State to administer and enforce the RCRA hazardous waste program. See 
also 40 CFR part 271. In fact, Congress designed RCRA so that the 
entire Subtitle C program would eventually be administered by the 
States in lieu of the Federal program. This is because the States are 
closer to, and more familiar with, the regulated community and 
therefore are in a better position to administer the programs and 
respond to local needs effectively.
    After receiving authorization, the State administers the program in 
lieu of the Federal program, although EPA retains enforcement authority 
under RCRA sections 3008, 3013, and 7003. Authorized States must revise 
their programs when EPA promulgates ``new'' Federal Standards that are 
more stringent or broader in scope than existing Federal Standards. 
States are not required to modify their programs when ``new'' Federal 
changes are less stringent than the existing Federal program or when 
changes reduce the scope of the existing Federal program. These changes 
are optional and are noted as such in the Federal Register (FR) notices 
in which the new Federal Standards are promulgated.
    States which have received Final authorization from EPA under 
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 hazardous waste program. As the Federal hazardous 
waste program changes, the States must revise their programs and apply 
for authorization of the revisions. Revisions to State hazardous waste 
programs may be necessary when Federal or State statutory or regulatory 
authority is modified or when certain other changes occur. Most 
commonly, States must revise their programs because of changes to EPA's 
regulations in Title 40 of the Code of Federal Regulations (CFR) parts 
124, 260 through 266, 268, 270, 273 and 279.

B. What Decisions Have We Made in This Rule?

    EPA concludes that Delaware's application for authorization of its 
program revisions meets all applicable statutory and regulatory 
requirements established by RCRA. Accordingly, EPA grants Delaware 
Final authorization to operate its hazardous waste program as revised. 
Delaware now has responsibility for permitting treatment, storage, and 
disposal facilities within its borders and for carrying out the aspects 
of the RCRA program described in its revised program application, 
subject to the limitations of HSWA. Delaware also has primary 
enforcement responsibilities, although EPA retains the right to conduct 
inspections under section 3007 of RCRA, and to take enforcement actions 
under sections 3008, 3013 and 7003 of RCRA.

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

    The effect of this decision is that a facility in Delaware subject 
to RCRA will now have to comply with the authorized State requirements 
instead of the analogous federal requirements in order to comply with 
RCRA. Delaware 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 
includes, in part, authority to:
     Perform inspections, and require monitoring, tests, 
analyses and reports;
     Enforce RCRA requirements and suspend or revoke permits;
     Take enforcement actions regardless of whether the State 
has taken its own actions.
    This action does not impose additional requirements on the 
regulated community because the regulations for which Delaware is being 
authorized by today's action are already effective, and are not changed 
by today's action.

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

    EPA is authorizing the State's changes through this immediate final 
action and is publishing this rule without a prior proposal to 
authorize the changes because EPA believes it is not controversial and 
expects no comments that oppose this action. EPA is providing an 
opportunity for public comment now. In the proposed rules section of 
today's Federal Register EPA is publishing a separate document that 
proposes to authorize the State changes. If EPA receives comments which 
oppose this authorization or portion(s) thereof, that document will 
serve as a proposal to authorize such changes.

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

    If EPA receives comments that oppose this authorization decision or 
portion(s) thereof, we will withdraw this authorization decision, or 
those portion(s) for which EPA received comments opposing its decision, 
by publishing a document in the Federal Register. We will address all 
public comments in a subsequent final action based on the proposed 
rule.
    If EPA receives 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 September 11, 2000. The Federal Register withdrawal 
document will specify which part of the authorization will become 
effective, and which part is being withdrawn.
    You should send written comments to Lillie Ellerbe, Mailcode 3WC21, 
RCRA State Programs Branch, U.S. EPA Region III, 1650 Arch Street, 
Philadelphia, PA 19103, Phone number: (215) 814-5454. We must receive 
your comments by August 11, 2000. You may not have an opportunity to 
comment again. If you want to comment on this action you must do so at 
this time.

F. What Has Delaware Previously Been Authorized for?

    Delaware received final authorization effective June 22, 1984 (53 
FR 23837, June 8, 1984) to implement its hazardous waste management 
program in lieu of the Federal program. On January 31, 1986 (51 FR 
3954), the authorized Delaware program was incorporated by reference 
into the Code of Federal Regulations (CFR). On April 9, 1996, Delaware 
submitted a program revision application for additional approval in 
accordance with the requirements of 40 CFR 271.21(b)(3) (Procedures for 
Revisions of State Programs). Delaware received final authorization for 
this program revision application effective October 7, 1996 (as 
published in 61 FR 41345, August 8, 1996). On June 15, 1998, Delaware 
submitted a second program revision application for additional approval 
in accordance with the requirements of 40 CFR 271.21(b)(3) (Procedures 
for Revisions of State Programs). Delaware received final authorization 
for this program revision application effective October 19, 1998 (as 
published in 61 FR 44152, August 18, 1998). On February 7, 2000, 
Delaware submitted a third

[[Page 42873]]

program revision application for additional approval in accordance with 
the requirements of 40 CFR 271.21(b)(3) (Procedures for Revisions of 
State Programs).
    EPA reviewed Delaware's application, and now makes an immediate 
final decision, subject to receipt of adverse written comments, that 
Delaware's hazardous waste program revision satisfies all of the 
requirements necessary to qualify for Final authorization. 
Consequently, EPA intends to grant Delaware Final authorization for the 
program modifications contained in the program revision application.

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

    Delaware's program revision application includes State regulatory 
changes that are analogous to various amendments to 40 CFR parts 124, 
260 through 266, and 270, that were published in the Federal Register 
through January 21, 1999.
    Delaware is today seeking authority to administer the Federal 
requirements that are listed in the chart below. This chart also lists 
the State analogs that are being recognized as equivalent to the 
appropriate Federal requirements. Unless otherwise indicated, the 
listed Delaware regulatory references are to the Delaware Regulations 
Governing Hazardous Waste (DRGHW), as amended and effective January 1, 
1999. The statutory references are to 7 Delaware Code Annotated (1991). 
In DRGHW 262, Delaware has adopted analogues to amendments to 40 CFR 
part 262, subparts E and H, but is not being authorized for these 
provisions in today's action because they are not subject to 
authorization. Delaware has adopted revisions analogous to Federal 
revisions to 40 CFR 268.44(a), but is not being authorized for these 
provisions in today's action because they are not subject to 
authorization. In addition, Delaware adopted revisions analogous to 
Federal revisions to 40 CFR 268.44(h)-(m), but is not seeking 
authorization for these provisions and continues to leave this 
authority with EPA for granting variances from a treatment standard.
    Delaware is seeking authority for the Federal Corrective Action 
Program under HSWA as addressed in Revision Checklists 17L, 44A, B, and 
C and 121; additional Land Disposal Restrictions (LDR) revisions 
through September 1998 and the post closure permit requirement and 
closure process regulations (alternative to post-closure rule).

------------------------------------------------------------------------
          Federal requirement              Analogous Delaware authority
------------------------------------------------------------------------
                             HSWA Cluster I
------------------------------------------------------------------------
Surface Impoundments; Non-Checklist SR1  7 Delaware Code (7 Del. Code)
                                          Chapter 63, Secs.  6304, 6305
                                          and 6307; Delaware Regulations
                                          Governing Hazardous Waste
                                          (DRGHW) 264.221(j) and
                                          265.221(i).
Double Liners, 50 FR 28702, 07/15/85;    7 Del. Code, Secs.  6304, 6305,
 Revision Checklist 17H.                  and 6307; DRGHW 264.221(a),
                                          264.221(c)-(e), 264.301(a),
                                          264.301(c)-(e), 265.221(a)-
                                          (e), 265.254, 265.301(a)-(e).
Corrective Action, 50 FR 28702, 07/15/   7 Del. Code, Secs.  6304, 6305
 85; Revision Checklist 17L.              and 6307; DRGHW 264.90(a),
                                          264.101(a)-(b),
                                          122.60(c)(3)(vii).
------------------------------------------------------------------------
                             HSWA Cluster II
------------------------------------------------------------------------
Exception Reporting for Small Quantity   7 Del. Code, Secs.  6305(a) and
 Generators of Hazardous Waste, 52 FR     6306(c); DRGHW 262.42(a)(2),
 35894-35899, 09/23/87; Revision          262.42(b) more stringent,
 Checklist 42.                            262.44.
Permit Application Requirements          7 Del. Code, Sec.  6305(a);
 Regarding Corrective Action, 52 FR       DRGHW 122.14(c)-122.14(d)(3).
 45788-45799, 12/01/87; Revision
 Checklist 44A.
Corrective Action Beyond the Facility    7 Del. Code, Sec.  6305(a);
 Boundary, 52 FR 45788-45799, 12/01/87;   DRGHW 264.100(e)-(e)(2),
 Revision Checklist 44B.                  264.101(c).
Corrective Action For Injection Wells,   [No regulatory analogue because
 52 FR 45788-45799, 12/01/87; Revision    Delaware Regulations Governing
 Checklist 44C.                           Underground Injection Control
                                          (DRGUIC) 122.23(b)-(c)
                                          prohibit the underground
                                          injection of hazardous waste.]
Permit Modification, 52 FR 45788-45799,  7 Del. Code, Sec.  6304 and
 12/01/87; Revision Checklist 44D--with   6305; DRGHW 122.41(a)(3)
 revisions as noted in Checklist 54.      [Revised as noted in Checklist
                                          54].
Permit as a Shield Provision, 52 FR      7 Del. Code, Sec.  6304; DRGHW
 45788-45799, 12/01/87; Revision          122.4(a) [Revised as noted in
 Checklist 44E--with revisions as noted   Checklist 100].
 in Checklist 100.
Permit Conditions to Protect Human       7 Del. Code, Sec.  6304; DRGHW
 Health and the Environment, 52 FR        122.10(k).
 45788-45799, 12/01/87; Revision
 Checklist 44F.
Post-Closure Permits, 52 FR 45788-       7 Del. Code, Sec.  6304; DRGHW
 45799, 12/01/87; Revision Checklist      122.1(c) [Revised as noted in
 44G--with revisions as noted in          Checklist 174], 122.1(c)(5)-
 Checklist 174.                           122.1(c)(6)(iii).
HSWA Codification Rule, Double Liners;   7 Del. Code, Secs.  6304, 6305
 Correction, 55 FR 19262-19264, 05/09/    and 6307; DRGHW 264.221(c) and
 90; Revision Checklist 77--with          264.301(c) [Revised as noted
 revisions as noted in Checklist 100.     in Checklist 100].
------------------------------------------------------------------------
                             RCRA Cluster II
------------------------------------------------------------------------
Liners and Leak Detection Systems for    7 Del. Code, Secs.  6304, 6305
 Hazardous Waste Land Disposal Units,     and 6307; DRGHW 260.10,
 57 FR 3462-3497, 09/29/92; Revision      264.15(b)(4), 264.19,
 Checklist 100.                           264.73(b)(6), 264.221(c)-
                                          264.221(d)(2), 264.221(f)-(i),
                                          264.222, 264.223,
                                          264.226(d)(1)-(3),
                                          264.228(b)(2)-(4), 264.251(c)-
                                          (k), 264.252, 264.253,
                                          264.254(c), 264.301(c)-
                                          264.301(d)(2), 264.301(f)-(l),
                                          264.302, 264.303(c)(1)-(c)(3),
                                          264.304, 264.304(d)
                                          264.310(b)(3)-(6),
                                          265.15(b)(4), 265.19,
                                          265.73(b)(6), 265.221(a),
                                          265.221(c), 265.221(f)-(g),
                                          265.222, 265.223, 265.226(b),
                                          265.228(b)(2)-(4), 265.254,
                                          265.255, 265.259, 265.260,
                                          265.301(a), 265.301(c),
                                          265.301(f)-(i), 265.302,
                                          265.303, 265.304c,
                                          265.310(b)(2)-(5), 122.4(a),
                                          122.17(b), 122.17(b)(2)-(7),
                                          122.18(c)-(d), 122.21(b),
                                          122.21(d), 122.42/Appendix 1.
------------------------------------------------------------------------

[[Page 42874]]

 
                            RCRA Cluster III
------------------------------------------------------------------------
Corrective Action Management Units and   7 Del. Code, Secs.  6305(a),
 Temporary Units, 58 FR 8658-8685, 02/    6307 and 6310; DRGHW 260.10,
 16/93, Revision Checklist 121.           264.3, 264.101(b), 264.552,
                                          264.553, 265.1(b), 268.2(c),
                                          122.2, 122.42 Appendix I.
------------------------------------------------------------------------
                             RCRA Cluster IV
------------------------------------------------------------------------
Testing and Monitoring Activities, 58    7 Del. Code, Secs.  6304, 6305,
 FR 46040-46051, 08/31/93; Revision       6305 and 6307; DRGHW 260.11(a)
 Checklist 126--with revisions as noted   [Revised as noted in Checklist
 in Checklists 137 and 141.               141], 260.22(d)(1)(i),
                                          261.22(a)(1)-(2), 261.24(a),
                                          Part 261, Appendices II, III
                                          and X, 264.190(a), 264.314(c),
                                          265.190(a), 265.314(d),
                                          268.7(a) [Revised as noted in
                                          Checklist 137], 268.40(a)
                                          [Revised as noted in Checklist
                                          137], 268.41(a) [Revised as
                                          noted in Checklist 137], Part
                                          268, Appendices I and IX,
                                          122.6(a), 122.19(c)(1)(iii)-
                                          (iv), 122.62(b)(2)(i)(C)-(D),
                                          122.66(c)(2)(i)-(ii).
Boilers and Industrial Furnaces;         7 Del. Code, Secs.  6304, 6305,
 Administrative Stay and Interim          6306 and 6307; DRGHW
 Standards for Bevill Residues, 58 FR     266.112(b)(2)(i), Part 266,
 59598-59603, 11/09/93, Revision          Appendix VII, notes.
 Checklist 127.
Wastes From the Use of Chlorophenolic    7 Del. Code, Sec.  6305(a);
 Formulations in Wood Surface             DRGHW 260.11(a) [Revised as
 Protection, 59 FR 458-469, 01/04/94;     noted in Checklist 141], Part
 Revision Checklist 128--with revisions   261, Appendix VIII.
 as noted in Checklist 141.
Recordkeeping Instructions; Technical    7 Del. Code, Secs.  6305 and
 Amendment, 59 FR 13891-13893, 03/24/     6307; DRGHW, Part 264,
 94; Revision Checklist 131.              Appendix I/Tables 1 and 2,
                                          Part 265, Appendix I/Tables 1
                                          and 2.
Wood Surface Protection; Correction, 59  7 Del. Code, Sec.  6305(a);
 FR 28484, 06/02/94; Revision Checklist   DRGHW 260.11(a) [Revised as
 132--with revisions as noted in          noted in Checklist 141].
 Checklist 141.
Letter of Credit Revision, 59 FR 29958-  7 Del. Code, Secs.  6305, 6306
 29960, 06/10/94; Revision Checklist      and 6307; DRGHW 264.151(d),
 133.                                     264.151(k).
Correction of Beryllium Powder (P015)    7 Del. Code, Sec.  6305(a)(1);
 Listing, 59 FR 31551-31552, 06/20/94;    DRGHW 261.33(e), Part 261,
 Revision Checklist 134--with revisions   Appendix VIII, 268.42(a)/
 as noted in Checklist 137.               Table 2 [Revised as noted in
                                          Checklist 137].
------------------------------------------------------------------------
                             RCRA Cluster V
------------------------------------------------------------------------
Recovered Oil Exclusion, 59 FR 38536-    7 Del. Code, Sec.  6305(a)(1);
 38545, 07/28/94; Revision Checklist      DRGHW 261.3(c)(2)(ii)(B),
 135.                                     261.4(a)(12), 261.6(a)(3)(iv)-
                                          (vi), 266.100(b)(3).
Removal of the Conditional Exemption     7 Del. Code, Sec.  6307; DRGHW
 for Certain Slag Residues, 59 FR 43496-  266.20(c), 268.41(a)/ Table
 43500 as Amended 08/24/948; Revision     CCWE [Revised as noted in
 Checklist 136--with revisions as noted   Checklist 137].
 in Checklist 137.
Testing and Monitoring Activities        7 Del. Code, Sec.  6305(a);
 Amendment 1, 60 FR 3089-3095, 01/13/     DRGHW 260.11(a) [Revised as
 95; Revision Checklist 139--with         noted in Checklist 141].
 revisions as noted in Checklist 141.
Carbamate Production Identification and  7 Del. Code, Sec.  6305&(a)(1);
 Listing of Hazardous Waste, 60 FR 7824-  DRGHW 261.3(a)(2)(iv)(E)-(G),
 7859, 02/09/95 as Amended at 60 FR       261.3(c)(2)(ii)(D), 261.32,
 19165, 04/17/95 and at 60 FR 25619, 05/  261.33(e)-(f), Part 261,
 12/95; Revision Checklist 140.           Appendices VII-VIII.
Testing and Monitoring Activities        7 Del. Code, Sec.  6305(a);
 Amendment II, 60 FR 17001-17004, 04/04/  DRGHW 260.11(a).
 95; Revision Checklist 141.
Universal Waste: General Provisions, 60  7 Del. Code, Secs.  6304, 6305,
 FR 25492-25551, 05/11/95; Revision       6306, 6307, and 6312; DRGHW
 Checklist 142A.                          260.10 intro, 260.10,
                                          261.5(c), 261.5(f)(3)-
                                          261.5(g)(3), 261.9 intro,
                                          262.10(b)-(g), 262.11(d),
                                          264.1(g)(11)intro,
                                          265.1(c)(14) intro, 268.1(f)
                                          intro, 122.1(c)(2)(viii)
                                          intro, 273.1, 273.5, 273.6,
                                          273.10, 273.11, 273.12, 273.14
                                          intro, 273.15, 273.16, 273.17,
                                          273.18, 273.19, 273.20,
                                          273.30, 273.31, 273.32(a)(1)-
                                          (2), 272.32(b), 273.34 intro,
                                          273.35, 273.36, 273.37,
                                          273.38, 273.39, 273.40,
                                          273.50, 273.51, 273.52,
                                          273.53, 273.54, 273.55,
                                          273.56, 273.60, 273.61,
                                          273.62, 273.70 intro-
                                          273.70(c).
Universal Waste Rule: Specific           7 Del. Code, Secs.  6304, 6305,
 Provisions for Batteries, 60 FR 25492-   6306, and 6307; DRGHW 260.10,
 25551, 05/11/95; Revision Checklist      261.6(a)(3)(ii)-(vi),
 142 B.                                   261.9(a), 264.1(g)(11)(I),
                                          265.1(c)(14)(I), 266.80(a)-(b)
                                          intro, 268.1(f)(1),
                                          122.1(a)(2)(viii)(A),
                                          273.1(a)(1), 273.2, 273.6,
                                          273.13, 273.14(a), 273.33(a),
                                          273.34(a).
Universal Waste Rule: Specific           7 Del. Code, Secs.  6304, 6305,
 Provisions for Pesticides, 60 FR 25492-  6306, and 6307; DRGHW 260.10,
 25551, 05/11/95; Revision Checklist      261.9(b), 264.1(g)(11)(ii),
 142 C.                                   265.1(c)(14)(ii), 268.1(f)(2),
                                          122.1(c)(2)(viii)(B),
                                          273.1(a)(2), 273.3, 273.6,
                                          273.13(b), 273.14(b)-(c)(2),
                                          273.32(a)(1), 273.32(a)(3),
                                          273.33(b), 273.34(b)-(c)(2).
Universal Waste Rule: Specific           7 Del. Code, Secs.  6304, 6305,
 Provisions for Thermostats, 60 FR        6306 and 6307; DRGHW 260.10,
 25492-25551, 05/11/95; Revision          261.9(c), 264.1(g)(11)(iii),
 Checklist 142 D.                         265.1(c)(14)(iii),
                                          268.l(f)(3),
                                          122.1(c)(2)(viii)(C),
                                          273.1(a)(3), 273.4, 273.6,
                                          273.13(c), 273.14(d),
                                          273.33(c), 273.34(d).
Universal Waste Rule: Petition           7 Del. Code, Secs.  6304, 6305,
 Provisions to Add A new Universal        6306, and 6307; DRGHW
 Waste, 60 FR 25492-25551, 05/11/95;      260.20(a), 260.23, 273.80,
 Revision Checklist 142 E.                273.81.
Removal of Legally Obsolete Rules, 60    7 Del. Code, Secs.  6304, 6305,
 FR 33912-33915, 06/29/95; Revision       6306, and 6307; DRGHW
 Checklist 144.                           261.31(a), 266.103(c)(5),
                                          266.104(f)-(h), 122.2,
                                          122.10(e)(4), 122.10(f)(2),
                                          122.10(g)(1), 122.10(g)(1)(i)
                                          more stringent,
                                          122.10(g)(1)(ii)-(iii).
------------------------------------------------------------------------

[[Page 42875]]

 
                             RCRA Cluster VI
------------------------------------------------------------------------
Liquids in Landfills III, 60 FR 35703-   7 Del Code, 6305, DRGHW
 35706, 07/11/95; Revision Checklist      264.314(e)(2)(ii)-(iii),
 145.                                     265.314(f)(2)(ii)-(iii).
RCRA Expanded Public Participation, 60   7 Del. Code, Secs.  6304, 6305,
 FR 63417-63434, 12/11/95; Revision       and 6307; DRGHW 124.31,
 Checklist 148.                           124.32, 124.33, 122.2,
                                          ``Facility mailing list,
                                          122.14(b)(22), 122.30(m),
                                          122.61(b)(5), 122.62(b)(6)-
                                          (7), 122.62(b)(8)-(11),
                                          122.62(d), 122.66(d)(3)-(6),
                                          122.66(g).
Amendments to the Definition of Solid    7 Del. Code, Sec.  6305; DRGHW
 Waste; Amendment II, 61 FR 13103-        261.4(a)(12).
 13106, 03/26/96; Revision Checklist
 150.
Land Disposal Restrictions Phase III--   7 Del. Code, Secs.  6304 and
 Decharacterized Wastewaters, Carbamate   6305; DRGHW 268.1(c)(3)-(4),
 Wastes, and Spent Potliners, 61 FR       268.1(e)(3)-(4) [Revised as
 15566-15660, 04/08/96, Revision          noted in Checklist 157],
 Checklist 151 as amended 04/08/96 at     268.1(e)(5), 268.2(f);
 61 FR 15660-15668, 04/30/96, 61 FR       268.2(i) [Revised as noted in
 19117, 06/28/96, 61 FR 33680-33690, 07/  Checklist 167A]; 268.2(j);
 10/96, 61 FR 36419-36421, 08/26/96, 61   268.2(k) Revised as noted in
 FR 43924-43931, 02/19/97, 62 FR 7502-    Checklist 167B]; 268.3(a)-
 7600--with revisions as noted in         (c)(6), 268.7(a) [Revised as
 Checklists 157, 159, 162, 167A, 167B,    noted in Checklist 157];
 171, and 173.                            268.7(a)(1)(ii) [Removed as
                                          noted in Checklist 157],
                                          268.7(a)(1)(iv)-(vi) [Removed
                                          as noted in Checklist 157],
                                          268.7(a)(2)(i)(B) [Revised as
                                          noted in Checklist 157],
                                          268.7(a)(3)(ii) [Revised as
                                          noted in Checklist 167B],
                                          268.7(b)(4)(ii),
                                          268.7(b)(5)(iv)-(v), 268.8
                                          (Reserve), 268.9(a) [Revised
                                          as noted in Checklist 157],
                                          268.9(d), 268.9(d)(1)(i)-(ii)
                                          [Revised as noted in Checklist
                                          157], 268.39(a) [Revised as
                                          noted in Checklist 159],
                                          268.39(b), 268.39(c) [Revised
                                          as noted in Checklist 173],
                                          268.39(d) [Revised as noted in
                                          Checklist 159], 268.39(e)-(g),
                                          268.40(e) [Revised as noted in
                                          Checklist 167], 268.40(g)
                                          [Revised as noted in Checklist
                                          171], 268.40/Table [Revised as
                                          noted in Checklist 173],
                                          268.42 Table 1, 268.44(a)
                                          [Revised as noted in Checklist
                                          162], 268.48(a)/Table UTS
                                          [Revised as noted in Checklist
                                          171], Part 268, Appendix XI.
Imports and Exports of Hazardous Waste:  7 Del. Code, Secs.  6305 and
 Implementation of OECD Council           6306; DRGHW 261.6(a)(5),
 Division, 61 FR 16290-16316, 04/12/96;   262.10(d)-(h), 262.53(b),
 Revision Checklist 152.                  262.56(b), 262.58, 262.80,
                                          262.81, 262.82, 262.83,
                                          262.84, 262.85, 262.86,
                                          262.87, 262.88 (Reserved),
                                          262.89, 263.10(d), 263.20(a),
                                          264.12(a)(1)-(2), 264.71(d),
                                          265.12(a)(1)-(2), 265.71(d),
                                          266.70(b)(2)-(3), 273.20,
                                          273.40, 273.56, 273.70 intro,
                                          273.70(d).
------------------------------------------------------------------------
                            RCRA Cluster VII
------------------------------------------------------------------------
Consolidated Organic Air Emission        7 Del. Code, Sec.  6305; DRGHW
 Standards for Tanks, Surface             260, 261, 262, 264, 265, 122
 Impoundments, and Containers, 59 FR      revisions were adopted to
 62896-62953, 12/06/94 as amended by 60   substantively and numerically
 FR 26828-26829, 05/19/95, 60 FR 50426-   coincide identically with the
 50430, 09/29/95, 60 FR 56952-56954, 11/  Federal revisions described in
 13/95, 61 FR 4903-4916, 02/09/96, 61     Revision Checklist 154
 FR 28508-28510, 06/05/96, 61 FR 59932-   [Revised as noted in
 59997, 11/25/96; Revision Checklist      Checklists 163 and 177].
 154--with revisions as noted in
 Checklists 163 and 177.
Land Disposal Restrictions Phase III--   7 Del. Code, Secs.  6304, 6305,
 Emergency Extension of the K088          and 6307; DRGHW 268.39(c)
 Capacity Variance, 62 FR 1992-1997, 01/  [Revised as noted in Checklist
 14/97; Revision Checklist 155--with      160].
 revisions as noted in Checklist 160.
Military Munitions Rule: Hazardous       7 Del. Code, Secs.  6304, 6305,
 Waste Identification and Management;     6305(a), 6306, 6306(c) 6307,
 Explosives Emergencies; Manifest         and 6310; DRGHW 260.10,
 Exemption for Transport of Hazardous     261.2(a)(2)(iii)-(iv),
 Waste on Right-of-Ways on Contiguous     262.10(i), 262.20(f) more
 Properties, 62 FR 6622-6657, 02/12/97;   stringent, 263.10(e)-(f),
 Revision Checklist 156.                  264.1(g)(8)(i)(D),
                                          264.1(g)(8)(iv), 264.1(i),
                                          264.70, 264.1200, 264.1201,
                                          264.1202, 265.1(c)(11)(i)(D),
                                          265.1(c)(11)(iv), 265.1(f),
                                          265.70, 265.1200, 265.1201,
                                          265.1202, 266.200, 266.201,
                                          266.202, 266.203(a)-
                                          (a)1)(iii), 266.203(a)(2)-(c),
                                          266.204, 266.205, 266.206,
                                          122.1(c)(3)(i)(D), 122.1(c)(3)
                                          (iii), 122.42(h)-(i).
Land Disposal Restrictions Phase IV--    7 Del. Code, Sec.  6304, 6305,
 Treatment Standards for Wood             and 6307; DRGHW 261.1(c)(9)-
 Preserving Wastes, Paperwork Reduction   (12), 261.2(c) table 1,
 and Streamlining, Exemptions from RCRA   261.4(a)(13)-(14),
 for Certain Processed Materials; and     261.6(a)(3)(ii), 268.1(e)
 Miscellaneous Hazardous Waste            intro-(e)(4), 268.4(a)(2)(iv),
 Provisions, 62 FR 25998-26040, 05/12/    268.4(a)(4), 268.7(a) intro;
 97; Revision Checklist 157--with         268.7(a)(1) [Revised as noted
 revisions as noted in Checklists 167B    in Checklist 167B],
 and 167C.                                268.7(a)(2) [Revised as noted
                                          in Checklist 167B],
                                          268.7(a)(3) [Revised as noted
                                          in Checklist 167B],
                                          268.7(a)(3)(i),
                                          268.7(a)(3)(ii) [Revised as
                                          noted in Checklist 167B],
                                          268.7(a)(4) [Revised as noted
                                          in Checklist 167B],
                                          268.7(a)(4)/table [Revised as
                                          noted in Checklist 167B],
                                          268.7(a)(5) [Revised as noted
                                          in Checklist 167B],
                                          268.7(a)(5)(i)-(iii),
                                          268.7(a)(6) [Revised as noted
                                          in Checklist 167B],
                                          268.7(a)(7) [Revised as noted
                                          in Checklist 167C],
                                          268.7(a)(8)-(b), 268.7(b)(1)-
                                          (2) [Revised as noted in
                                          Checklist 167B], 268.7(b)(3)
                                          intro, 268.7(b)(3)(i)-(ii),
                                          268.7(b)(3)(ii)/table [Revised
                                          as noted in Checklist 167C],
                                          268.7(b)(4)-(b)(4)(iii),
                                          268.7(c)(1)-(2), 268.9(a),
                                          268.9(d)(1)(ii), 268.30;
                                          268.32-268.36 (Reserved),
                                          268.40/Table of Treatment
                                          Standards [Revised as noted in
                                          Checklist 167C], 268.42/Table
                                          1, 268.44(o), 268.44(o)/Table
                                          1, 268 Appendices I, II, III,
                                          and X (Reserved), 268 Appendix
                                          VI, 268 Appendices VII and
                                          VIII [Revised as noted in
                                          Checklist 167C].

[[Page 42876]]

 
Testing and Monitoring Activities        7 Del. Code, Secs.  6304, 6305,
 Amendment III, 62 FR 32452--32463, 06/   6306, 6307, and 6310; DRGHW
 13/97, Revision Checklist 158.           260.11(a) intro-(a)(15),
                                          264.1034(d)(1)(iii),
                                          264.1034(f), 264.1063(d)(2),
                                          264 Appendix IX, footnote 5,
                                          265.1034(d)(1)(iii),
                                          265.1034(f), 265.1063(d)(2),
                                          266.104(e)(1), 266.106(g)(1)-
                                          (2), 266.107(f), Part 266
                                          Appendix IX, Section 3.0,
                                          Note.
Conformance With the Carbamate Vacatur,  7 Del. Code, Secs.  6302, 6304,
 62 FR 1992-1997, 05/29/97; Revision      6305 and 6307; DRGHW 261.32/
 Checklist 159--with revisions as noted   table, 261.33, 261 Appendix
 in Checklist 167C.                       VII, 261 Appendix VIII,
                                          268.39(a), 268.39(d), 268.40
                                          table, [Revised as noted in
                                          Checklist 167C].
Land Disposal Restrictions Phase III--   7 Del. Code, Secs.  6304, 6305
 Emergency Extension of the K088          and 6307; DRGHW 268.39(c)
 National Capacity Variance, Amendment,   [Revised as noted in Checklist
 62 FR 37694--37699, 07/14/97; Revision   173].
 Checklist 160--with revisions as noted
 in Checklist 173.
Emergency Revision of the Carbamate      7 Del. Code, Secs.  6304, 6305
 Land Disposal Restrictions, 62 FR        and 6307; DRGHW 268.40(g)
 45568, 08/28/97; Revision Checklist      [Revised as noted in Checklist
 161--with revisions as noted in          171], 268.48(a)/Table [Revised
 Checklist 171.                           as noted in Checklist 171].
Clarification of Standards for           7 Del. Code, Secs.  6304 and
 Hazardous Waste LDR Treatment            6305; DRGHW 268.44(a),
 Variances, 62 FR 64504--64509, 12/05/    268.44(h)-(h)(2)(i),
 97; Revision Checklist 162--with         268.44(h)(3) [Revised as noted
 revisions as noted in Checklist 167B.    in Checklist 167B], 268.44(m).
Organic Air Emission Standards for       7 Del. Code, Sec.  6305; DRGHW
 Tanks, Surface Impoundments, and         264 and 265 revisions were
 Containers; Clarification and            adopted to substantively and
 Technical Amendment, 62 FR 64636-        numerically coincide
 64671, 12/8/97; Revision Checklist       identically with the Federal
 163--with revisions as noted in          revisions described in
 Checklist 177.                           Revision Checklist 163
                                          [revised as noted in Checklist
                                          177].
Recycled Used Oil Management Standards;  7 Del. Code, Secs.  6304-6307,
 Technical Correction and                 and 6310; DRGHW 261.5(j),
 Clarification, 63 FR 24963-24969, 5/6/   261.6(a)(3)(iv)(A)-(C),
 98, as amended 7/14/98, at 63 FR 37780-  279.10(I), 279.22(d),
 37782; Revision Checklist 166.           279.45(h), 279.54(g),
                                          279.64(g), 279.74(b).
Land Disposal Restrictions Phase IV--    7 Del. Code, Secs.  6304 and
 Treatment Standards for Metal Wastes     6305; DRGHW 268.2(i),
 and Mineral Processing Wastes, 63 FR     268.3(d), 268.34(a), 268.34(b)-
 28556-28753, 5/26/98; Revision           (e) [Revised as noted in
 Checklist 167A--with revisions as        Checklist 172], 268.40(e),
 noted in Checklist 172.                  268.40(h), 268.40/Table,
                                          268.48(a)/Table UTS.
Land Disposal Restrictions Phase IV--    7 Del. Code, Secs.  6304 and
 Hazardous Soils Treatment Standards      6305; DRGHW 268.2(k),
 and Exclusions, 63 FR 28556-28753, 5/    268.7(a)(1)-(a)(3) intro,
 26/98; Revision Checklist 167B.          268.7(a)(3)(ii), 268.7(a)(4)-
                                          (6), 268.7(b)(1)-(4) intro,
                                          268.7(e), 268.44(h)(3) intro-
                                          (5), 268.49.
Land Disposal Restrictions Phase IV--    7 Del. Code, Secs.  6304 and
 Corrections 63 FR 28556-28753, 5/26/     6305; DRGHW 268.4(a)(2)(ii)-
 98, as amended at 63 FR 31266, 6/8/98;   (iii), 268.7(a)(7),
 Revision Checklist 167C.                 268.7(b)(3)(ii)/Table,
                                          268.7(b)(4)(iv)-(b)(6),
                                          268.40(e), 268.40/Table,
                                          268.42(a), 268.45(a) intro,
                                          268.45(d)(3)-(4), 268.48/
                                          Table, Appendix VII, Tables 1
                                          and 2, Appendix VIII, Part
                                          268.
Mineral Processing Secondary Materials   7 Del. Code, Sec.  6305; DRGHW
 Exclusion, 63 FR 28556-28753, 5/26/98;   261.2(c)(3), 261.2(c)(4)/
 Revision Checklist 167D.                 Table, 261.2(e)(1)(iii),
                                          261.4(a)(16) intro-(vi).
Bevill Exclusion Revisions and           7 Del. Code, Sec.  6305; DRGHW
 Clarifications, 63 FR 28556-28753, 5/    261.3(a)(2)(i),
 26/98; Revision Checklist 167E.          261.3(a)(2)(iii), 261.4(b)(7).
Exclusion of Recycled Wood Preserving    7 Del. Code, Sec.  6305; DRGHW
 Wastewaters, 63 FR 28556-28753, 5/26/    261.4(a)(9)(iii).
 98; Revision Checklist 167F.
Hazardous Waste Combustors; Revised
 Standards, 63 FR 33782-33829, 06/19/
 98; Revision..
Checklist 168..........................  7 Del. Code, Sec.  6305; DRGHW
                                          261.4(a)(17), 261.38,
                                          122.42(j) intro, 122.42(j),
                                          122.42 Appendix I,
                                          122.72(b)(8).
------------------------------------------------------------------------
                             RCRA Cluster IX
------------------------------------------------------------------------
Petroleum Refining Process Wastes, 63    7 Del. Code, Secs.  6304,
 FR 42110-42189, 08/06/98; Revision       6305(a), and 6305(a)(1); DRGHW
 Checklist 169.                           261.3(a)(2)(iv)(C),
                                          261.3(c)(2)(ii)(B),
                                          261.3(c)(2)(ii)(E),
                                          261.4(a)(12)(i)-(ii),
                                          261.4(a)(18)-(19),
                                          261.6(a)(3)(iv)(C), 261.31(a),
                                          261.32, 261 Appendix VII,
                                          266.100(b)(3), 268.35, 268.40/
                                          Table.
Emergency Revision of the Land Disposal  7 Del. Code, Secs.  6304 and
 Restrictions (LDR) Treatment Standards   6305; DRGHW 268.40(g),
 for Listed Hazardous Wastes from         268.40(i), 268.40/Table,
 Carbamate Production, 63 FR 47410-       268.48(a)/Table.
 47418, 09/04/98; Revision Checklist
 171.
Land Disposal Restrictions Phase IV--    7 Del. Code, Secs.  6304 and
 Extension of Compliance Date for         6305; DRGHW 268.34(b)-(f).
 Characteristic Slags, 63 FR 48124-
 48127, 09/09/98; Revision Checklist
 172.
Land Disposal Restrictions; Treatment    7 Del. Code, Secs.  6304 and
 Standards for Spent Potliners from       6305; DRGHW 268.39(c), 268.40/
 Primary Aluminum Reduction (K088);       Table.
 Final Rule, 63 FR 51254-51267, 09/24/
 98; Revision Checklist 173.
Post-Closure Permit Requirement and      7 Del. Code, Secs.  6304, 6305,
 Closure Process, 63 FR 56710-56735, 10/  and 6307; DRGHW 264.90(e)-(f),
 22/98; Revision Checklist 174.           264.110(c), 264.110(c)(1)-(2),
                                          264.112(b)(8),
                                          264.112(c)(2)(iv),
                                          264.118(b)(4),
                                          264.118(d)(2)(iv), 264.140(d),
                                          265.90(f), 265.110(c)-(d),
                                          265.112(b)(8),
                                          265.112(c)(1)(iv),
                                          265.118(c)(4)-(5),
                                          265.118(d)(1)(iii), 265.121,
                                          265.140(d), 122.1(c) intro,
                                          122.1(c)(7), 122.14(a),
                                          122.28.

[[Page 42877]]

 
Organic Air Emission Standards:          7 Del. Code, Sec.  6305; DRGHW
 Clarification and Technical              262.34(a)(1)(i)-(ii),
 Amendments, 64 FR 3382, 01/21/99;        264.1031, 264.1080(b)(5),
 Revision Checklist 177.                  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),
                                          265.1084(a)(3)(ii)(D),
                                          265.1084(a)(3)(iii),
                                          265.1084(b)(1)(i)-(ii),
                                          265.1084(b)(3)(ii)(B),
                                          265.1084(b)(3)(ii)(D),
                                          265.1084(b)(3)(iii),
                                          265.1085(h)(3),
                                          265.1085(h)(3)(i)-(ii),
                                          265.1087(e)(6).
------------------------------------------------------------------------

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

    The Delaware hazardous waste program contains several provisions 
which are more stringent than is required by the RCRA program. The more 
stringent provisions are being recognized as a part of the Federally-
authorized program and include the following:
    1. At DRGHW 262.42(b), Delaware is more stringent because the State 
requires a small quantity generator to file an exception report when 
confirmation of the hazardous waste delivery to the designated facility 
is not made within 45 days instead of 60 days of the date the waste was 
accepted by the initial transporter. The generator must also notify the 
State of the designated facility and the State to which the waste may 
have been delivered. (Checklist 42)
    2. At Delaware Regulations Governing Underground Injection Control 
(DRGUIC) 122.23(b)-(c), Delaware is more stringent in that the State 
prohibits the underground injection of hazardous waste. Therefore, 
there are no hazardous waste corrective action requirements for 
injection wells. (Checklist 44C)
    3. At DRGHW 262.20(f), Delaware is more stringent because the State 
restricts the exemption to manifest requirements only when the military 
munitions are being transported during an emergency response. 
(Checklist 156)
    Furthermore, the State requires transporters of used oil to obtain 
transporter permits. See DRGHW part 263, subpart E and Checklist 166. 
Since this requirement goes beyond the scope of the Federal program, it 
does not constitute part of the authorized program.
    In addition, Delaware will be authorized to carry out, in lieu of 
the Federal program, State-initiated changes to provisions of the 
State's Program. The following State-initiated changes are equivalent 
and analogous to the numerically identical RCRA provisions found at 
Title 40 of the Code of Federal Regulations: DRGHW 260.1(a)(4) through 
(a)(6), and (c); 261.6(a)(3)(v); 262.23(d); 264.18(b)(1) introductory 
paragraph; 264.91(c) introductory paragraph; 264.145(c)(7); 
264.221(e)(2)(I)(B); 265.145(e)(1)(I)(B) and (D), (ii)(B) and (D), and 
paragraph (e)(2); 268.7(a)(8); and 268.44 Table. One other state-
initiated change being approved by this notice is DRGHW 122.1 which is 
analogous to 40 CFR Section 270.1.
    Unless EPA receives comments opposing this action by August 11, 
2000 and publishes a Federal Register document withdrawing the 
immediate final rule or portions thereof, this Final authorization 
approval will become effective without further notice on September 11, 
2000.

I. Who Handles Permits After This Authorization Takes Effect?

    EPA shall administer any RCRA hazardous waste permits, or portions 
of permits, that contain conditions based on the Federal provisions for 
which the State is applying for authorization and which were issued by 
EPA prior to the effective date of this authorization. EPA will suspend 
issuance of any further permits under the provisions for which the 
State is being authorized on the effective date of this authorization. 
EPA will also transfer any pending permit applications and pertinent 
file information to the State within thirty (30) days of the effective 
date of this authorization.
    Upon authorization of the State program for any additional portions 
of HSWA, EPA will suspend issuance of Federal permits for hazardous 
waste treatment, storage, and disposal facilities mandated by HSWA in 
the State, in those areas for which the State is receiving 
authorization. If EPA promulgates standards for additional processes or 
regulations mandated by HSWA not covered by the State's authorized 
program, EPA will process and enforce RCRA permits in the State in 
those new areas until the State receives final authorization of 
equivalent State standards.
    EPA will be responsible for enforcing the terms and conditions of 
the Federal portion of the permits until they expire or are terminated 
in accordance with 40 CFR 124.5 and 271.8.
    The State and EPA will coordinate implementation of those HSWA 
provisions for which the State has not received authorization until 
such time as it receives authorization from EPA to implement the 
remaining HSWA provisions in lieu of EPA.

J. How Does Today's Action Affect Indian Country (18 U.S.C. 115) in 
Delaware?

    Delaware is not seeking authorization to operate the program on 
Indian lands since there are no Federally-recognized Indian Lands in 
the State.

K. What Is Codification and Is EPA Codifying Delaware'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. EPA uses 40 CFR part 272 
for codification of the decision to authorize Delaware's program and 
for incorporation by reference of those provisions of its statutes and 
regulations that EPA will enforce under sections 3008, 3013 and 7003 of 
RCRA. EPA is not codifying Delaware's hazardous waste program at this 
time, but reserves amendment of 40 CFR part 272, subpart I, for such 
future use.

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.

[[Page 42878]]

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 Delaware program, and today's action does not impose 
any additional obligations on regulated entities. In fact, 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 apply to 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 (RFA), as Amended by 
the Small Business Regulatory Enforcement Fairness Act of 1996 
(SBREFA), 5 U.S.C. 601 et seq.

    The RFA generally requires an agency to prepare a regulatory 
flexibility analysis of any rule subject to notice and comment 
rulemaking requirements under the Administrative Procedure Act or any 
other statute unless the agency certifies that the rule will not have a 
significant economic impact on a substantial number of small entities. 
Small entities include small businesses, small organizations, and small 
governmental jurisdictions.
    For purposes of assessing the impacts of today's action on small 
entities, small entity is defined as: (1) A small business as specified 
in the Small Business Administration regulations; (2) a small 
governmental jurisdiction that is a government of a city, county, town, 
school district or special district with a population of less than 
50,000; and (3) a small organization that is any not-for-profit 
enterprise which is independently owned and operated and is not 
dominant in its field.
    After considering the economic impacts of this authorization on 
small entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. This action 
does not impose any new requirements on small entities because small 
entities that are hazardous waste generators, transporters, or that own 
and/or operate TSDFs are already subject to the regulatory requirements 
under the State laws which EPA is now authorizing. This action merely 
authorizes for the purpose of RCRA section 3006 those existing State 
requirements.

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 13132 (Federalism)

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999), requires EPA to develop an accountable process to ensure 
``meaningful and timely input by State and local officials in the 
development of regulatory policies that have federalism implications.'' 
``Policies that have federalism implications'' is defined in the 
Executive Order to include regulations that 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.''
    Under section 6 of Executive Order 13132, EPA may not issue a 
regulation that has federalism implications, that imposes substantial 
direct compliance costs, and that is not required by statute, unless 
the Federal government provides the funds necessary to pay the direct 
compliance costs incurred by State and local governments, or EPA 
consults with State and local officials early in the process of 
developing the proposed regulation. EPA also may not issue a regulation 
that has federalism implications and that preempts State law unless the 
Agency consults with State and local officials early in the process of 
developing the proposed regulation.
    This authorization does not have federalism implications. It will 
not have a 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 13132, because this rule affects only 
one State. This action simply approves Delaware's proposal to be 
authorized for updated requirements of the hazardous waste program that 
the State has voluntarily chosen to operate. Further, as a result of 
this action, newly authorized provisions of the State's program now 
apply in Delaware in lieu of the equivalent Federal program provisions 
implemented by EPA under HSWA. Affected parties are subject only to 
those authorized State program provisions, as opposed to being subject 
to both Federal and State regulatory requirements. Thus the 
requirements of section 6 of the Executive Order do not apply.

Compliance With Executive Order 13045

    Executive Order 13045, ``Protection of Children from Environmental 
Health Risks and Safety Risks,'' applies to any

[[Page 42879]]

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 concern an environmental health or safety risk 
that may have a disproportionate effect on children.

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 the consulting option, 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 communities of Indian tribal 
governments. Delaware is not authorized to implement the RCRA hazardous 
waste program in Indian country, since there are no Federally-
recognized Indian lands in the State.

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 information requirements upon the regulated community.

National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (``NTTAA''), Public Law No. 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 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 such 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 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 19, 2000.
Bradley M. Campbell,
Regional Administrator, EPA Region III.
[FR Doc. 00-17345 Filed 7-11-00; 8:45 am]
BILLING CODE 6560-50-P