[Federal Register Volume 66, Number 175 (Monday, September 10, 2001)]
[Rules and Regulations]
[Pages 46961-46966]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-22520]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-7050-9]


District of Columbia: Final Authorization of State Hazardous 
Waste Management Program Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate final rule.

-----------------------------------------------------------------------

SUMMARY: The District of Columbia has applied to EPA for Final 
authorization of 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 District'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 the

[[Page 46962]]

District of Columbia's changes to its hazardous waste program will take 
effect. If we get comments that oppose this action, we will publish a 
document in the Federal Register withdrawing this rule before it takes 
effect and a separate document in the proposed rules section of this 
Federal Register will serve as a proposal to authorize the changes.

DATES: This Final authorization will become effective on November 9, 
2001 unless EPA receives adverse written comment by October 10, 2001. 
If EPA receives such comment, it will publish a timely withdrawal of 
this immediate final rule in the Federal Register and inform the public 
that this authorization will not take effect.

ADDRESSES: Send written comments to Charles Bentley, Mailcode 3WC21, 
RCRA State Programs Branch, U.S. EPA Region III, 1650 Arch Street, 
Philadelphia, PA 19103-2029, Phone number: (215) 814-3379. We must 
receive your comments by October 10, 2001. You can view and copy the 
District of Columbia's application from 8:30 a.m. to 4:30 p.m. at the 
following addresses: District of Columbia Department of Health, 
Environmental Health Administration, Bureau of Hazardous Materials and 
Toxic Substances, Hazardous Waste Division, 51 N Street, NE, 3rd Floor, 
Washington DC 20002, Phone number (202) 535-2290, attn: James Sweeney, 
and EPA Region III, Library, 2nd Floor, 1650 Arch Street, Philadelphia, 
PA 19103-2029, Phone number: (215) 814-5254.

FOR FURTHER INFORMATION CONTACT: Charles Bentley, Mailcode 3WC21, RCRA 
State Programs Branch, U.S. EPA Region III, 1650 Arch Street, 
Philadelphia, PA 19103-2029, Phone number: (215) 814-3379.

SUPPLEMENTARY INFORMATION:

A. Why Are Revisions to State Programs Necessary?

    States which have received final authorization from EPA under RCRA 
section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous waste 
program that is equivalent to, consistent with, and no less stringent 
than the Federal program. As the Federal program changes, States must 
change their programs and ask EPA to authorize the changes. Changes to 
State programs may be necessary when Federal or State statutory or 
regulatory authority is modified or when certain other changes occur. 
Most commonly, States must change their programs because of changes to 
EPA's regulations in 40 Code of Federal Regulations (CFR) parts 124, 
260 through 266, 268, 270, 273 and 279.

B. What Decisions Have We Made in This Rule?

    We conclude that the District of Columbia's application to revise 
its authorized program meets all of the statutory and regulatory 
requirements established by RCRA. Therefore, we grant the District of 
Columbia Final authorization to operate its hazardous waste program 
with the changes described in the authorization application. The 
District of Columbia 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. Thus, EPA will implement those 
requirements and prohibitions in the District of Columbia, including 
issuing permits, until the State is granted authorization to do so.

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

    The effect of this decision is that a facility in the District of 
Columbia subject to RCRA will now have to comply with the authorized 
District requirements instead of the equivalent Federal requirements in 
order to comply with RCRA. The District of Columbia has enforcement 
responsibilities under its District 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,
     Enforce RCRA requirements and suspend or revoke permits, 
and
     Take enforcement actions regardless of whether the 
District has taken its own actions.
    This action does not impose additional requirements on the 
regulated community because the regulations for which the District of 
Columbia 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 did not publish a proposal before today's rule because we view 
this as a routine program change and do not expect comments that oppose 
this approval. We are providing an opportunity for public comment now. 
In addition to this rule, in the proposed rules section of today's 
Federal Register we are publishing a separate document that proposes to 
authorize the District's program 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, we will 
withdraw this rule by publishing a document in the Federal Register 
before the rule becomes effective. EPA will base any further decision 
on the authorization of the District's program changes on the proposal 
mentioned in the previous paragraph. We will then address all public 
comments in a later final rule. You may not have another opportunity to 
comment. If you want to comment on this authorization, you must do so 
at this time.
    If we receive comments that oppose only the authorization of a 
particular change to the District's hazardous waste program, we may 
withdraw that part of this rule, but the authorization of the program 
changes that the comments do not oppose will become effective on the 
date specified above. The Federal Register withdrawal document will 
specify which part of the authorization will become effective, and 
which part is being withdrawn.

F. What Has the District of Columbia Previously Been Authorized 
for?

    The District of Columbia Hazardous Waste Management Act of 1977 
(D.C. Law 2-64, as amended) directed the Mayor to develop a regulatory 
scheme for management of hazardous waste in the District, and the 
District subsequently established a comprehensive hazardous waste 
management program. On July 22, 1983, the District adopted analogs to 
40 CFR parts 260 through 265 (July 1982 ed.), 40 CFR part 270 (July 
1983 ed.) and 40 CFR part 124, subpart A (July 1983 ed.) as amended by 
the District. These regulations were amended on September 28, 1984. 
EPA's final authorization of the District's base RCRA program took 
effect on March 22, 1985.
    Since the base program authorization, the District of Columbia 
Hazardous Waste Management Act was amended in 1989, and the District's 
hazardous waste regulations have been amended five (5) times (1985, 
1987, 1988, 1996, and

[[Page 46963]]

2000). The latest regulatory amendments became effective on September 
19, 2000.
    The District of Columbia's Department of Health (DOH) is currently 
designated the lead agency for implementing the District's hazardous 
waste program. The District's previously-authorized hazardous waste 
program was administered through the Department of Consumer and 
Regulatory Affairs. However, on July 17, 1996, the District's 
government was reorganized, and all of the District's environmental 
programs were reassigned to the DOH. The District's hazardous waste 
program is currently being implemented by the Hazardous Waste Division 
of the Bureau of Hazardous Material and Toxic Substances (BHMTS) of the 
Environmental Health Administration (EHA), within the DOH.

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

    On July 20, 2001, the District of Columbia submitted a final 
complete program revision application, seeking authorization of its 
changes in accordance with 40 CFR 271.21. EPA Region III worked closely 
with the District to develop the authorization application. Therefore, 
EPA's comments relative to the District's legal authority to carry out 
aspects of the Federal program for which the District is seeking 
authorization; the scope of and coverage of activities regulated; and 
the District's procedures, including the criteria for permit reviews, 
public participation and enforcement capabilities, were addressed 
before the submission of the final application by the District. The 
District also solicited public comments on its proposed regulations 
before they were adopted. The EPA has reviewed the District's 
application, and now makes an immediate final decision, subject to 
receipt of adverse written comment, that the District's hazardous waste 
program revisions satisfy all of the requirements necessary to qualify 
for Final authorization. Consequently, EPA intends to grant the 
District of Columbia Final authorization for the program modifications 
contained in the program revision application.
    The District's program revision application includes the District's 
statutory and regulatory changes to the District's authorized hazardous 
waste program, including the adoption of the Federal hazardous waste 
regulations published through June 30, 1998 (RCRA Cluster VII), with 
certain exceptions described in section H.
    The District is today seeking authority to administer the Federal 
requirements that are listed in the chart below. This chart also lists 
the District's analogs that are being recognized as equivalent to the 
appropriate Federal requirements. Unless otherwise stated, the 
District's statutory references are to the District of Columbia 
Hazardous Waste Management Act as contained in the D.C. Code 6-701 et 
seq. (1981 ed., 1995 Repl. Vol., 1999 Supplement). The regulatory 
references are to Title 20 of the District of Columbia Municipal 
Regulations (DCMR), Chapters 1 through 6, Chapters 40 through 50 and 
Chapter 54, as amended, effective September 29, 2000.
    We now make an immediate final decision, subject to receipt of 
written comments that oppose this action, that the District of 
Columbia's hazardous waste program revision satisfies all of the 
requirements necessary to qualify for Final authorization. Therefore, 
we grant the District of Columbia Final authorization for the following 
program changes:

------------------------------------------------------------------------
     Federal requirement        Analogous District of Columbia Authority
------------------------------------------------------------------------
40 CFR part 260--Hazardous     District of Columbia Code (D.C. Code)
 Waste Management System:       Secs.  6-701(a), 6-702(1)-(3), 6-702(5)-
 General, as of July 1, 1998.   (9) and 6-705(a); Title 20 District of
                                Columbia Municipal Regulations (20
                                DCMR)Secs.  4000.1 through 4001.18,
                                4017.1, 4017.3 and 5400.1.
                               (More stringent provision: 5400.1 ``small
                                quantity generator'').
40 CFR part 261--              D.C. Code Secs.  6-701(a) and 6-705(a);
 Identification and Listing     20 DCMR Secs.  4016, 4100 through 4112,
 of Hazardous Waste, as of      Chapter 41 Appendices I&II, 4200.2 and
 July 1, 1998.                  5400.1.
                               (More stringent provisions: 4100.13(a),
                                4101.5, 4101.6(a)&(b), 4101.7, 4101.9
                                (introductory paragraph), 4101.9(c), (d)
                                & (f), 4102.5 (introductory paragraph),
                                4102.6, 4102.7(d)&(e), 4102.10,
                                4103.2(b) and 4106.1).
40 CFR part 262--Standards     D.C. Code Secs.  6-701(a) and 6-705(a);
 Applicable to the Generators   20 DCMR Chapter 42 (except 4200.16 and
 of Hazardous Wastes, as of     4208), and Secs.  5400.1 and 4016.
 July 1, 1998.
                               (More stringent provisions: 4200.2,
                                4202.7(b)(1)&(2), 4203.5(c)&(e),
                                4204.3(c), 4204.9 (introductory
                                paragraph), 4207.12(a)(1), 4207.21 and
                                4207.24 (introductory paragraph)).
40 CFR part 263--Standards     D.C. Code Secs.  6-701(a) and 6-705(a);
 Applicable to the              20 DCMR Chapter 43 (except Sec.  4300.11
 Transporters of Hazardous      and 4303).
 Wastes, as of July 1, 1998.
                               (More stringent provisions: 4300.9,
                                4300.12 and 4302.3(b)).
40 CFR part 264--Standards     D.C. Code Secs.  6-701(a), 6-702(1), 6-
 for Owners and Operators of    703(b), 6-705(a), 6-904, 6-905, and 6-
 Hazardous Waste Treatment,     906; 20 DCMR Chapters 1-6, Chapter 44,
 Storage, and Disposal          20 DCMR Secs.  5400.1, 4016 and 4018.
 Facilities, as of July 1,
 1998.
                               (More stringent provisions: 4400.3, 4018,
                                4400.7(i)&(k), 4407.1, 4413.1, 4413.7,
                                4413.11 (introductory paragraph),
                                4413.11(b), 4413.12 (introductory
                                paragraph), 4413.12(b), 4413.17
                                (introductory paragraph), 4413.19
                                (introductory paragraph), 4413.26,
                                4414.4, 4414.10(h), 4414.15(h),
                                4416.32(d) (introductory paragraph),
                                4417.2, 4417.3 and 4474.1).
40 CFR part 265--Interim       D.C. Code Secs.  6-701(a), 6-702(1), 6-
 Status Standards for Owners    705(a), 6-904, 6-905, and 6-906; 20 DCMR
 and Operators of Hazardous     Chapters 1 through 6 and Secs.  4401,
 Waste Treatment, Storage,      4016 and 5400.1.
 and Disposal Facilities, as
 of July 1, 1998.
                               (More stringent provisions: 4401.2
                                (introductory paragraph), 4401.2(a)-(n)
                                & (r)-(t))
40 CFR part 266--Standards     D.C. Code Secs.  6-701(a), 6-702(1), 6-
 for the Management of          703(b), 6-705(a), 6-904, 6-905, and 6-
 Specific Hazardous Wastes      906; 20 DCMR Chapters 1-6, Chapter 45
 and Specific Types of          (except 4512.5(c)), 20 DCMR Sec.
 Hazardous Waste Management     5400.1.
 Facilities, as of July 1,
 1998.
                               (More stringent provisions: 4507.1 and
                                4507.3).

[[Page 46964]]

 
40 CFR part 268--Land          D.C. Code Secs.  6-701(a) and 6-705(a);
 Disposal Restrictions, as of   20 DCMR Chapter 50 and Secs.  5400.1 and
 July 1, 1998.                  4016.
                               (More stringent provisions: 5000.2,
                                5000.11 and 500.12(h)(2) (introductory
                                paragraph)).
40 CFR part 270--The           D.C. Code Secs.  6-701(a), 6-703, 6-
 Hazardous Waste Permit         705(a), and 6-709; 20 DCMR Chapter 46,
 Program, as of July 1, 1998.   20 DCMR Secs.  4017.1, 4017.2 and
                                5400.1.
                               (More stringent provisions: 4018, 4400.3,
                                4507.1, 4600.6, 4600.8(c)&(h), 4600.12,
                                4601.3, 4601.10, 4601.16 (introductory
                                paragraph), 4617.13(e) and 4618.4).
                               The District has no analog to 40 CFR
                                270.5 in its regulations; however, in
                                its Memorandum of Agreement (MOA) with
                                EPA, the District has agreed to comply
                                with the 40 CFR 270.5 requirements.
40 CFR part 124--Permit        D.C. Code Secs.  6-701(a), 6-703, 6-
 Procedures, as of July 1,      705(a), and 6-709; 20 DCMR Chapter 47.
 1998.
40 CFR part 273--Standards     D.C. Code Secs.  6-701(a) and 6-705(a);
 for Universal Waste            20 DCMR Chapter 48 and Sec.  5400.1.
 Management, as of July 1,
 1998.
                               (More stringent provisions: 4800.2,
                                4801.1, 4801.2(c), 4801.3, 4801.6(e),
                                4801.8(c), 4802.6, 4802.7 and
                                4804.1(b)).
40 CFR part 279--Standards     D.C. Code Secs.  6-701(a), 6-705(a), and
 for the Management of Used     6-713; 20 DCMR Chapter 49 and Sec.
 Oil, as of July 1, 1998.       5400.1.
                               (More stringent provisions: 4900.5,
                                4900.6, 4900.7, 4900.9, 4900.15 Table 1,
                                4900.16(a)&(b), 4900.16(d)(1)-(3),
                                4900.16(e), 4901.3, 4901.5,
                                4901.7(a)(3), 4902.2(b), 4903.5,
                                4903.11(c)&(d), 4903.14(d), 4903.16
                                (introductory paragraph), 4904.2(c),
                                4904.3, 4904.12(c), 4905 and 4906.4(b)).
------------------------------------------------------------------------
                             HSWA Cluster I
------------------------------------------------------------------------
Sharing of Information With    D.C. Code Secs.  6-705(a), 6-731 et seq.
 the Agency for Toxic
 Substances and Disease
 Registry (SI) (RCRA section
 3019(b)).
                               In its MOA with EPA, the District has
                                agreed to share exposure information
                                with the Agency for Toxic Substances and
                                Disease Registry.
------------------------------------------------------------------------

H. Where Are the District's Revised Rules Different From the 
Federal Rules?

    The District of Columbia's hazardous waste program contains several 
provisions that are more stringent than the Federal RCRA program. The 
more stringent provisions are being recognized as a part of the 
Federally-authorized program and are Federally-enforceable. The 
specific more stringent provisions are noted in the preceding chart and 
in the District's authorization application, and include, but are not 
limited to, the following:
    1. The District subjects generators of between 100 kilograms and 
1,000 kilograms of hazardous waste in a calendar month to full 
regulation rather than to the reduced requirements in the Federal 
regulations for this group of generators.
    2. At 20 DCMR section 4300.9, the District's analog to 40 CFR 
263.12, transporters storing waste at transfer facilities in the 
District for 10 days or less are subject to the District's requirements 
analogous to 40 CFR 264.14-264.17 and 40 CFR subparts C, D, and F, 
unlike the Federal program. These additional requirements make the 
District's program more stringent than the Federal program.
    3. The District prohibits land disposal, incineration and 
underground injection of hazardous waste, and prohibits the burning, 
processing or incineration of hazardous waste, hazardous waste fuels, 
or mixtures of hazardous wastes and other materials in any type of 
incinerator, boiler, or industrial furnace. The Federal program does 
not include such prohibitions.
    4. Unlike the Federal program, the District prohibits the burning 
of both on- and off-specification used oil in the District, and 
prohibits the use of used oil as a dust supressant.
    A number of the District's regulations are not being authorized by 
today's actions. Such provisions include, but are not limited to, the 
following:
    1. The District has regulations defining how program information is 
to be shared with the public, but is not seeking authorization at this 
time for the Availability of Information requirements relative to RCRA 
section 3006(f).
    2. The District is not seeking authority for the Federal corrective 
action program. EPA will continue to administer this part of the 
program. The District is planning to apply for the corrective action 
program in a subsequent authorization revision application.
    3. The District has incorporated the Federal hazardous waste export 
provisions at 40 CFR part 262, subparts E and H, into its regulations 
at 20 DCMR sections 4204 and 4207. However, the District is not seeking 
authorization for these provisions at this time. EPA will continue to 
implement those requirements as appropriate.
    4. The District is adopting the universal waste requirements 
relative to the Federal program as of July 1, 1998 and 63 FR 71225 
(Revision Checklist 176). The District also regulates mercury-
containing lamps as a universal waste, but is not seeking authorization 
for this universal waste at this time because the District's 
requirements, while consistent with the Federal requirements, were 
developed before the promulgation of the Federal hazardous waste lamp 
rule (64 FR 36466, Revision Checklist 181). The District will make any 
necessary revisions to its lamp rule and authorization will be sought 
in a subsequent revision authorization package.
    The District's regulations contain several requirements that go 
beyond the scope of the Federal program, and thus are not part of the 
program being authorized by today's action. EPA cannot enforce these 
requirements which are broader in scope, although compliance with these 
provisions is required by District law. Such provisions include, but 
are not limited to, the following:
    1. The District does not have an analog to 40 CFR 261.4(a)(4) that 
excludes source, special nuclear, or by-product material as defined by 
the Atomic Energy Act of 1954 from the Federal definition of solid 
waste. This difference makes the District's universe

[[Page 46965]]

of regulated hazardous waste larger than EPA's and, therefore, broader 
in scope.
    2. Under Federal regulations, generators of 0-100 kilograms of 
hazardous waste are conditionally exempt from regulation. The District 
regulates all generators of hazardous waste, and its regulations do not 
provide any conditional exemption from regulatory requirements. In the 
District, generators of 0-100 kilograms of hazardous waste, or up to 1 
kilogram of acute hazardous waste, are considered small quantity 
generators and may accumulate up to 600 kilograms of hazardous waste on 
site for up to 180 days. They are not conditionally exempt from 
regulation and are subject to the same regulatory requirements as 
Federal large quantity generators. Thus, the District's regulation is 
broader in scope than the Federal regulation, because there is no 
Federal analog to this regulatory approach.
    3. 20 DCMR section 4200.16 requires that all generators obtain a 
permit under 20 DCMR section 4208. Such a permit must be renewed on a 
biennial basis. The generator must also pay a fee to obtain a permit. 
There are no such requirements in the Federal system.
    4. Unlike the Federal system, all transporters holding a hazardous 
waste at a transfer facility in the District must obtain a Hazardous 
Waste Transfer Facility Permit pursuant to the requirements of 20 DCMR 
section 4303, including the payment of fees.

I. Who Handles Permits After the Authorization Takes Effect?

    After authorization, the District of Columbia will issue permits 
for all the provisions for which it is authorized and will administer 
the permits it issues. EPA will continue to administer any RCRA 
hazardous waste permits or portions of permits which we issued prior to 
the effective date of this authorization until the timing and process 
for effective transfer to the District are mutually agreed upon. Until 
such time as formal transfer of EPA permit responsibility to the 
District occurs and EPA terminates its permit, EPA and the District 
agree to coordinate the administration of permits in order to maintain 
consistency. EPA will not issue any more new permits or new portions of 
permits for the provisions listed in the chart in section G after the 
effective date of this authorization. EPA will continue to implement 
and issue permits for HSWA requirements for which the District of 
Columbia is not yet authorized.

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

    The District of Columbia is not seeking authority to operate the 
program on Indian lands, since there are no Federally-recognized Indian 
lands in the District.

K. What Is Codification and Is EPA Codifying the District of 
Columbia's Hazardous Waste Program as Authorized in This Rule?

    Codification is the process of placing the District's statutes and 
regulations that comprise the District's authorized hazardous waste 
program into the Code of Federal Regulations. We do this by referencing 
the authorized District rules in 40 CFR part 272. We reserve the 
amendment of 40 CFR part 272, subpart J, for this authorization of the 
District of Columbia's program changes until a later date.

L. Administrative Requirements

    The Office of Management and Budget has exempted this action from 
the requirements of Executive Order 12866 (58 FR 51735, October 4, 
1993); therefore, this action is not subject to review by OMB. This 
action authorizes State requirements for the purpose of RCRA 3006 and 
imposes no additional requirements beyond those imposed by State law. 
Accordingly, I certify that this action will not have a significant 
economic impact on a substantial number of small entities under the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this action 
authorizes pre-existing requirements under State law and does not 
impose any additional enforceable duty beyond that required by State 
law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Public Law 104-4). For the same reason, 
this action does not have tribal implications within the meaning of 
Executive Order 13175 (65 FR 67249, November 6, 2000). It does not have 
substantial direct effects on tribal governments, on the relationship 
between the Federal government and the Indian tribes, or on the 
distribution of power and responsibilities between the Federal 
government and Indian tribes, as specified in Executive Order 13175. 
This action will not have substantial direct effects on the States, on 
the relationship between the national government and the States, or on 
the distribution of power and responsibilities among the various levels 
of government, as specified in Executive Order 13132 (64 FR 43255, 
August 10, 1999), because it merely authorizes State requirements as 
part of the State RCRA hazardous waste program without altering the 
relationship or the distribution of power and responsibilities 
established by RCRA. This action also is not subject to Executive Order 
13045 (62 FR 19885, April 23, 1997), because it is not economically 
significant and it does not make decisions based on environmental 
health or safety risks. This rule is not subject to Executive Order 
13211, ``Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use'' (66 FR 28355 (May 22, 2001)) 
because it is not a significant regulatory action under Executive Order 
12866.
    Under RCRA 3006(b), EPA grants a State's application for 
authorization as long as the State meets the criteria required by RCRA. 
It would thus be inconsistent with applicable law for EPA, when it 
reviews a State authorization application, to require the use of any 
particular voluntary consensus standard in place of another standard 
that otherwise satisfies the requirements of RCRA. Thus, the 
requirements of section 12(d) of the National Technology Transfer and 
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required 
by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996), 
in issuing this rule, EPA has taken the necessary steps to eliminate 
drafting errors and ambiguity, minimize potential litigation, and 
provide a clear legal standard for affected conduct. EPA has complied 
with Executive Order 12630 (53 FR 8859, March 15, 1988) by examining 
the takings implications of the rule in accordance with the Attorney 
General's ``Supplemental Guidelines for the Evaluation of Risk and 
Avoidance of Unanticipated Takings' issued under the executive order. 
This rule does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this document and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication in the Federal Register. A

[[Page 46966]]

major rule cannot take effect until 60 days after it is published in 
the Federal Register. This action is not a ``major rule'' as defined by 
5 U.S.C. 804(2). This action will be effective November 9, 2001.

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 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: August 24, 2001.
Donald S. Welsh,
Regional Administrator, Region III.
[FR Doc. 01-22520 Filed 9-7-01; 8:45 am]
BILLING CODE 6560-50-P