[Federal Register Volume 67, Number 41 (Friday, March 1, 2002)]
[Rules and Regulations]
[Pages 9406-9410]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-4786]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-7150-9]


Wisconsin: Final Authorization of State Hazardous Waste 
Management Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate final rule.

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SUMMARY: Wisconsin has applied to EPA for Final authorization of the 
changes to its hazardous waste program under the Resource Conservation 
and Recovery Act (RCRA). EPA has determined that these changes satisfy 
all requirements needed to qualify for Final authorization, and is 
authorizing the State's changes through this immediate final action. In 
this document, EPA is authorizing the changes by an immediate final 
rule. EPA did not make a proposal prior to the immediate final rule 
because we believe this action is not controversial and do not expect 
comments that oppose it. Unless we get

[[Page 9407]]

written comments which oppose this authorization during the comment 
period, the immediate final rule will become effective on the date it 
establishes, and we will not take further action on the proposal 
pubished elsewhere in this issue of the Federal Register. If we get 
comments that oppose this action, we will publish a document in the 
Federal Register withdrawing this rule, or portions thereof, before it 
takes effect, and a separate document in the proposed section of this 
Federal Register will serve as a proposal to authorize the changes.

DATES: This Final authorization will become effective April 30, 2002 
unless EPA receives written adverse comment by April 1, 2002. If EPA 
receives such comment, it will publish a timely withdrawal of this 
immediate final rule in the Federal Register and inform the public this 
authorization will not take effect.

ADDRESSES: Send written comments to Jean Gromnicki, Wisconsin 
Regulatory Specialist, DM-7J, 77 West Jackson Boulevard, Chicago, 
Illinois 60604. Please refer to Docket Number WI ARA 7. We must receive 
your comments by April 1, 2002. You can examine copies of the materials 
submitted by Wisconsin during normal business hours at the following 
locations: EPA Region 5 Library, 77 West Jackson Boulevard, Chicago, 
Illinois 60604, Contact: Jean Gromnicki, Phone number: (312) 886-6162 
or the Wisconsin Department of Natural Resources, 101 North Webster, 
Madison, Wisconsin, 53707, Contact: Patricia Chabot, Phone: (608) 264-
6015.

FOR FURTHER INFORMATION CONTACT: Jean Gromnicki, Wisconsin Regulatory 
Specialist at (312) 886-6162.

SUPPLEMENTARY INFORMATION:

A. Why Are Revisions to the 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 Wisconsin's application to revise its authorized 
program meets all of the statutory and regulatory requirements 
established by RCRA. Therefore, we propose to grant Wisconsin Final 
authorization to operate its hazardous waste program with the changes 
described in the authorization application. Wisconsin has 
responsibility for permitting Treatment, Storage and Disposal 
Facilities (TSDFs) within its borders (except in Indian Country) and 
for carrying out the aspects of the RCRA program described in its 
revised program application, subject to the limitations of the 
Hazardous and Solid Waste Amendments of 1984 (HSWA). New Federal 
requirements and prohibitions imposed by Federal regulations that EPA 
promulgates under the authority of HSWA take effect in authorized 
States before they are authorized for the requirements. Thus, EPA will 
implement those requirements and prohibitions in Wisconsin, including 
issuing permits, until the State is granted authorization to do so.

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

    The effect of this decision is that a facility in Wisconsin subject 
to RCRA will now have to comply with the authorized State requirements 
instead of the equivalent Federal requirements in order to comply with 
RCRA. Additionally, such persons must comply with any applicable 
Federally-issued requirements, such as, for example, HSWA regulations 
issued by EPA for which the State has not received authorization, and 
RCRA requirements that are not supplanted by authorized state-issued 
requirements. Wisconsin continues to have enforcement responsibilities 
under its state hazardous waste program for violation 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.
     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 Wisconsin 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 comments now. 
In addition to this rule, in the proposed rules section of today's 
Federal Register we are publishing a separate document that proposes to 
authorize the State program changes.

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

    If EPA receives comments that oppose this authorization, we will 
address all public comments in a later Federal Register. You may not 
have another opportunity to comment. If you want to comment on this 
authorization, you must do so at this time.

F. What Has Wisconsin Previously Been Authorized for?

    Wisconsin initially received Final Authorization on January 30, 
1986, effective January 31, 1986 (51 FR 3783) to implement its base 
hazardous waste management program. Wisconsin received authorizations 
for revisions to its program on May 23, 1989, effective June 6, 1989 
(54 FR 15029), on November 22, 1989, effective January 22, 1990 (54 FR 
48243), on April 24, 1992, effective April 24, 1992 (57 FR 15029), on 
June 2, 1993, effective August 2, 1993 (58 FR 31344), on August 4, 
1994, effective October 4, 1994 (59 FR 39971), and on August 5, 1999, 
effective October 4, 1999 (64 FR 42630).

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

    On November 5, 2001, Wisconsin submitted a final complete program 
revision application seeking authorization of their changes in 
accordance with 40 CFR 271.21. We now make a final decision, subject to 
receipt of written comments that oppose this action, that Wisconsin's 
hazardous waste program revisions satisfies all of the requirements 
necessary to qualify for Final authorization. Therefore we grant 
Wisconsin Final authorization for the following program changes:

[[Page 9408]]



------------------------------------------------------------------------
     Description of Federal        Federal Register,    Analogous state
    requirement (checklist #)        date and page         authority
------------------------------------------------------------------------
Wastes From the Use of            59 FR 458-469,      NR 600.10(2) 605
 Chlorophenolic Formulations in    Effective January   (Appendix IV),
 Wood Surface Protection           4, 1994.            Effective June 1,
 (Checklist 128).                                      1998.
Revision of Conditional           59 FR 8362-8366,    NR 605.05(9)-(11),
 Exemption for Small Scale         Effective           Effective June 1,
 Treatability Studies (Checklist   February 18, 1994.  1998.
 129).
Recycled Used Oil Management      59 FR 10550-10560,  NR 590.03(33m),
 Standards; Technical Amendments   Effective March     590.04(1),
 and Corrections II (Checklist     4, 1994.            590.10(3),
 130.                                                  590.11,
                                                       590.12(2),
                                                       590.36(1),
                                                       590.37(1)-(2),
                                                       590.50(3);
                                                       Effective June 1,
                                                       1998.
Wood Surface Protection;          59 FR 28484,        NR 600.10(2),
 Correction (Checklist 132).       Effective June 2,   Effective June 1,
                                   1994.               1998.
Letter of Credit Revision         59 FR 29958-29960,  NR 685.07(5),
 (Checklist 133).                  Effective June      Effective June 1,
                                   10, 1994.           1998.
Correction of Beryllium Powder    59 FR 31551-31552,  NR 605.09 (Table
 (PO15) Listing (Checklist 134).   Effective June      IV), 605 Appendix
                                   20, 1994.           IV, 675.20/Table,
                                                       Effective June 1,
                                                       1998.
Recovered Oil Exclusion           59 FR 38536-38545,  NR 605.04(1),
 (Checklist 135).                  Effective July      605.05(1)-(2),
                                   28, 1994.           625.07(2),
                                                       Effective June 1,
                                                       1998.
Removal of the Conditional        59 FR 43496-43500,  NR 625.05(1),
 Exemption for Certain Slag        Effective August    675.20, Effective
 Residues (Checklist 136).         24, 1994.           June 1, 1998.
Universal Treatment Standards     59 FR 47982-48110,  NR 605(2),
 and Treatment Standards for       Effective           630.04(16),
 Organic Toxicity Characteristic   September 19,       625.05(1),
 Wastes and Newly Listed Wastes    1994 as amended     600.04,
 (Checklist 137).                  at 60 FR 242-302,   675.03(1m),
                                   Effective January   675.04(2),
                                   3, 1995.            675.03(1),
                                                       675.03(7p),
                                                       675.07(1)-(2),
                                                       675.09(1), (4)-
                                                       (5), 675.19(1),
                                                       675.20(1)-(7),
                                                       675.20/Table,
                                                       675.21, 675.22,
                                                       675.22(1), 675.22
                                                       Table1, 675.22(4)-
                                                       (5), 675.23,
                                                       675.25(2),
                                                       675.26, 675.28,
                                                       675 Appendix III,
                                                       675 Appendix
                                                       VIII; Effective
                                                       June 1, 1998.
Testing and Monitoring            60 FR 3089-3095,    NR 600.10(2),
 Activities Amendment I            Effective January   Effective June 1,
 (Checklist 139).                  13, 1995.           1998.
Carbamate Production              60 FR 7824-7859,    NR 605.(1), 605.09
 Identification and Listing of     Effective           Table III, 605.09
 Hazardous Waste (Checklist 140).  February 9, 1995.   Table IV, 605.09
                                                       Table V, 605
                                                       Appendix III,
                                                       Appendix IV,
                                                       Effective June 1,
                                                       1998.
Testing and Monitoring            60 FR 17001-17004,  NR 600.10(2),
 Activities Amendment II           Effective April     Effective June 1,
 (Checklist 141).                  4, 1995.            1998.
Universal Waste: General          60 FR 25492-25551,  NR 600.03, 600.03
 Provisions (Checklist 142 A).     Effective May 11,   (56m), 600.03
                                   1995.               (249m),600.03
                                                       (249p), 600.03
                                                       (249z),
                                                       610.07(1m),
                                                       610.07(1),
                                                       690.01, 690.02,
                                                       690.04, 615.04,
                                                       615.05,
                                                       615.06(6),
                                                       630.04(17),
                                                       605.05(12),
                                                       675.04(3),
                                                       680.02, 690.04(1)-
                                                       (2), 690.08(1),
                                                       690.03(2),
                                                       690.03(4)-(6),
                                                       690.03(8),
                                                       690.03(10)-(13),
                                                       690.10, 690.11,
                                                       690.12(2),
                                                       690.14, 690.15(1)-
                                                       (3), 690.16,
                                                       690.17(1)-(2),
                                                       690.18(1)-(8),
                                                       690.19, 690.20,
                                                       690.30, 690.31,
                                                       690.32(1)-(2),
                                                       690.34, 690.35(1)-
                                                       (3), 690.36,
                                                       690.37(1)-(2),
                                                       690.38(1)-(8),
                                                       690.39(1)-(3),
                                                       690.40, 690.50,
                                                       690.51, 690.52(1)-
                                                       (2), 690.53(1)-
                                                       (2), 690.54(1)-
                                                       (2), 690.55(1)-
                                                       (2), 690.56,
                                                       690.60(1)-(2),
                                                       690.61(1)-(4),
                                                       690.62(1)-(2),
                                                       690.70; Effective
                                                       June 1, 1998.
Universal Waste Rule: Specific    60 FR 25492-25551,  NR 690.03(1),
 Provisions for Batteries          Effective May 11,   690.03(10),
 (Checklist 142 B).                1995.               690.02(1),
                                                       630.04(17),
                                                       625.02, 625.05,
                                                       625.12(1),
                                                       675.04(3),
                                                       690.04(1),
                                                       690.05(1)-(3),
                                                       690.03, 690.13,
                                                       690.14, 690.33,
                                                       690.34; Effective
                                                       June 1, 1998
Universal Waste Rule: Specific    60 FR 25492-25551,  NR 690.03(7),
 Provisions for Pesticides         Effective May 11,   690.03(10),
 (Checklist 142 C).                1995.               605.05(12),
                                                       690.04(1),
                                                       630.04(17),
                                                       675.04(3),
                                                       680.02, 690.06(1)-
                                                       (4), 690.03(3),
                                                       690.03(7),
                                                       690.03(10),
                                                       690.13(2),
                                                       690.14(2)-(3),
                                                       690.32(1),
                                                       690.33(2),
                                                       690.34(2)-(3)
                                                       Effective June 1,
                                                       1998.
Universal Waste Rule: Specific    60 FR 25492-25551,  NR 605.05(12),
 Provisions for Thermostats        Effective May 11,   630.04(17),
 (Checklist 142 D).                1995.               690.04(1),
                                                       675.04(3),
                                                       680.02, 690.07,
                                                       690.03(9)-(10),
                                                       690.13(3),
                                                       690.14(4),
                                                       690.33(3),
                                                       690.34(4)
                                                       Effective June 1,
                                                       1998.
Universal Waste Rule: Petition    60 FR 25492-25551,  NR 605.10(1)-(2),
 Provisions to Add a New           Effective May 11,   605.10(6)-(7),
 Universal Waste (Checklist 142    1995.               690.80(1)-(3),
 E).                                                   690.81(1)-(8),
                                                       Effective June 1,
                                                       1998.
Liquids in Landfills III          60 FR 35703-13106,  NR 660.18(8),
 (Checklist 145).                  Effective July      Effective June 1,
                                   11, 1995.           1998.
RCRA Expanded Public              60 FR 63417-63434,  NR 680.06(1m),
 Participation (Checklist 148).    Effective           680.06(8m),
                                   December 11, 1995.  680.06(15),
                                                       600.03(104),
                                                       680.03(3m),
                                                       680.42(18m),
                                                       680.07(7),
                                                       665.06(1),
                                                       665.07(2),
                                                       665.06(4),
                                                       665.06(1),
                                                       665.02, June 1,
                                                       1998.
Amendments to the Definition of   61 FR 13103-13106,  NR 605.05(1),
 Solid Waste: Amendment II         Effective March,    Effective June 1,
 (Checklist 150).                  26, 1996.           1998.

[[Page 9409]]

 
Land Disposal Restriction Phase   61 FR 15566-15660,  NR 600.04(1),
 III Decharacterized               Effective April     675.05(3),
 Wastewaters, Carbamate Wastes     8, 1996.            675.03(1m),
 and Spent Potliners (Checklist                        675.03(4m),
 151).                                                 675.03(7p),
                                                       675.03(8),
                                                       675.04(2),
                                                       675.06(1)-(3),
                                                       675.07(1)-(2),
                                                       675.09(1),
                                                       675.09(4),
                                                       675.19(2),
                                                       675.20(1),
                                                       675.20(6),
                                                       675.20, Table,
                                                       675.22/Table 1,
                                                       675.24(1),
                                                       675.28(a) Table
                                                       UTS, 675 Appendix
                                                       IX, Effective
                                                       June 1, 1998.
------------------------------------------------------------------------

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

    Wisconsin has proposed specific parts of Federal Regulation to be 
more stringent than Federal requirements. These requirements are part 
of Wisconsin's authorized program and are federally enforceable.

------------------------------------------------------------------------
                                   Federal citation
     Description of Federal        number (checklist    State citation
           requirement                  number)             number
------------------------------------------------------------------------
Revision of Conditional           261.4(e)(3)(iii)(A  605.05(10)(e)1.
 Exemption for Small Scale         ).
 Treatability Studies (Checklist
 129).
                                  261.4(f)(4).......  605.05(11)(d)
Recovered Oil Exclusion           261.3(c)(2)(ii)(B)  605.04(1)(b)10.
 (Checklist 135).
                                  261.4(a)(12)......  605.05(1)(x).
Removal of the Conditional        266.20(c).........  625.05(1).
 Exemption for Certain Slag
 Residues (Checklist 136).
Universal Treatment Standards     260.30 intro,       There is no
 and Treatment Standards for       260.30(b).          Wisconsin waiver
 Organic Toxicity Characteristic                       to the definition
 Wastes and Newly Listed Wastes                        of Solid Waste.
 (Checklist 137).
                                  260.31(a),          Wisconsin does not
                                   260.31(b).          have a provision
                                                       like 260.31(a).
                                                       Materials that
                                                       are speculatively
                                                       accumulated must
                                                       be managed as
                                                       hazardous waste
                                                       (see 605.05(4).
                                  260.32 intro,       Wisconsin does not
                                   260.33 intro,       have a boiler
                                   260.33(a),          variance
                                   260.33(b).          provision.
                                  266.23(a).........  625.05(1).
                                  268.1(c)(3)(ii),    600.04(1), 600.04.
                                   268.1(c)(3)(iii).
                                  268.7(a)(8).......  675.07(1)(j).
                                  268.7(b)(4)(ii)...  675.07(2)(d)b.
                                  268.38(a).........  675.19(1)(a).
                                  268.38(b).........  675.19(1)(b).
Carbamate Production              261.3(a)(2)(iv)(F)  There is no
 Identification and Listing of     ,                   exemption
 Hazardous Waste (Checklist 140).  261.3(a)(2)(iv)(G   261.3(a)(2)(iv)(F
                                   ).                  ) of (G) in the
                                                       Wisconsin Code.
                                  261.3(c)(2)(ii)(D)  There is no
                                                       Wisconsin
                                                       citation for
                                                       261.3(c)(2)(ii)(D
                                                       ).
Universal Waste Rule: Petition    264.314(e)(2)(ii),  660.18(8)(b)
 Provisions to Add a New           264.314(e)(2)(iii   Wisconsin does
 Universal Waste (Checklist 145).  ),                  not allow OECD
                                   265.314(f)(2)(ii)   Test 301B, rules
                                   ,                   are more
                                   265.314(f)(2)(iii   restrictive in
                                   ).                  defining non-
                                                       biodegradable
                                                       sorbents.
Land Disposal Restrictions Phase  268.1(c)(3),        600.04(1)
 III--Decharacterized,             268.1(c)(3)(i),    Note: Underground
 Wastewaters, Carbamate Wastes,    268.1(c)(3)(ii),    injection is
 and Spent Potliners (Checklist    268.1(c)(3)(iii).   prohibited.
 151).
                                  268.1(c)(4),        ..................
                                   268.1(c)(4)(i),
                                   268.1(c)(4)(ii),
                                   268.1(c)(4)(iii),
                                   268.1(c)(4)(iv).
                                  268.7(a)(1)(vi)...  675.07(1)(d).
                                  268.39(b).........  675.19(2)(b).
                                  268.39(c).........  675.19(2)(c).
                                  268.39(d).........  675.19(2)(e).
                                  268.39(f).........  675.19(2)(g).
                                  268.40(a).........  675.20(1).
                                  268.40(g).........  675.20(1).
------------------------------------------------------------------------

I. Who Handles Permits After Authorization Takes Effect?

    Wisconsin 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 
they expire or are terminated. We will not issue any more new permits 
or new portions of permits for the provisions listed in the Table above 
after the effective date of this authorization. EPA will continue to 
implement and issue permits for HSWA requirements for which Wisconsin 
is not yet authorized.

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

    Wisconsin is not authorized to carry out its hazardous waste 
program in Indian country within the State, as defined in 18 U.S.C. 
1151. This includes:
    1. All lands within the exterior boundaries of Indian reservations 
within or abutting the State of Wisconsin;
    2. Any land held in trust by the U.S. for an Indian tribe; and
    3. Any other land, whether on or off an Indian reservation that 
qualifies as Indian country. Therefore, this action

[[Page 9410]]

has no effect on Indian country. EPA will continue to implement and 
administer the RCRA program in Indian country.

K. What Is Codification and Is EPA Codifying Wisconsin'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. We do this by referencing 
the authorized State Rules in 40 CFR part 272. We reserve the amendment 
of 40 CFR 272, subpart YY for this authorization of Wisconsin's program 
changes until a later date.

L. Administrative Requirements

    The Office of Management and Budget (OMB) has exempted RCRA 
authorizations from the requirements of Executive Order 12866 (58 FR 
51735, October 4, 1993), and therefore, a decision to authorize 
Wisconsin for these revisions is not subject to review by OMB. 
Furthermore, this rule is not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001) because it 
is not a significant regulatory action under Executive Order 12866. 
This action authorizes State requirements for the purpose of RCRA 3006 
and imposes no additional requirements beyond those imposed by State 
law. This authorization will effectively suspend the applicability of 
certain Federal regulations in favor of Wisconsin's program, thereby 
eliminating duplicative requirements for handlers of hazardous waste in 
the State. Authorization will not impose any new burdens on small 
entities. Accordingly, I certify that these revisions will not have a 
significant economic impact on a substantial number of small entities 
under the Regulator Flexibility Act (5 U.S.C. 601 et seq.). Because 
implementing this proposal would authorize pre-existing requirements 
under State law and would not impose any additional enforceable duty 
beyond that required by State law, it will not contain any unfunded 
mandate or significantly or uniquely affect small governments, as 
described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4). 
For the same reason, this proposed rule does not have tribal 
implications within the meaning of Executive Order 13175 (65 FR 67249, 
November 6, 2000). Authorization 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. A 
decision to authorize Wisconsin for these revisions 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 action does not include 
environmental justice related issues that require consideration under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    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 any Attorney 
General's Supplemental Guidelines for the Evaluation of Risk and 
Avoidance of Unanticipated Takings issued under the Executive Order. A 
decision to authorize Wisconsin's revisions will not impose an 
information collection burden under the provisions of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this document and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication in the Federal Register. A major rule cannot take effect 
until 60 days after it is published in the Federal Register. This 
action is not a ``major rule'' as defined by 5 U.S.C 804(2). This 
action will be effective April 30, 2002.

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: February 15, 2002.
Bertram C. Frey,
Acting Regional Administrator, Region 5.
[FR Doc. 02-4786 Filed 2-28-02; 8:45 am]
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