[Federal Register Volume 67, Number 123 (Wednesday, June 26, 2002)]
[Rules and Regulations]
[Pages 43027-43031]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-16031]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-7237-2]


Wisconsin: Final Authorization of State Hazardous Waste 
Management Program Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The EPA is granting Wisconsin final authorization of revisions 
to their hazardous waste program under the Resource Conservation and 
Recovery Act (RCRA). The Agency published a proposed rule on March 1, 
2002 at 67 FR 9427 and provided for public comment. The public comment 
period ended on April 1, 2002. We received two comments, addressed 
below. The Agency had also published an immediate final rule on March 
1, 2002, granting Wisconsin authorization for the revisions to their 
RCRA Program, subject to public comment; but withdrew that immediate 
final rule on April 22, 2002, so that it could respond to the comments 
before the rule went into effect. EPA is authorizing the State's 
changes through this final action. After reviewing the comments, we 
hereby determine that Wisconsin's hazardous waste program revisions 
satisfies all requirements necessary to qualify for final 
authorization. No further opportunity for comment will be provided.

EFFECTIVE DATE: Final authorization for the revisions to Wisconsin's 
hazardous waste management program shall be effective on June 26, 2002.

FOR FURTHER INFORMATION CONTACT: Ms. Jean Gromnicki, Wisconsin 
Regulatory Specialist, U.S. Environmental Protection Agency, Waste, 
Pesticides and Toxics Division (DM-7J), 77 West Jackson Boulevard, 
Chicago, Illinois 60604, phone number: (312) 886-6162; or Ms. Patricia 
Chabot, Wisconsin Department of Natural Resources, 101 North Webster, 
Madison, Wisconsin, 53707, phone: (608) 264-6015.

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 Were the Comments and Responses to EPA's Proposal?

    A commenter from the State of Washington submitted a comment 
alleging that EPA: (1) Should have hosted a public hearing; and (2) 
should have reviewed Wisconsin Chapter NR 538 on land application of 
nonhazardous waste. Noting that RCRA covers both solid and hazardous 
waste management, the commenter asks EPA to ``include a review of 
Chapter NR 538 for consistency with Wisconsin's statutes prior to 
approval of Wisconsin's application for final RCRA authorization.'' For 
the reasons discussed below, this authorization action is not the 
appropriate forum for these comments.

1. Public Hearing

    EPA is authorizing Wisconsin for a revision to its program, and is 
not required to hold a hearing for a revision. Wisconsin, which 
received final authorization for its RCRA program on January 31, 1986, 
is applying for a revision to its already authorized program to reflect 
revisions that have been made to the Federal RCRA Subtitle C program. 
The regulations governing review of program revisions at 40 CFR part 
271 do not require a hearing for authorization of revisions. On March 
4, 1986, EPA promulgated amendments to 40 CFR 271.21 that eliminated 
public hearing requirements for revisions. In the preamble, the Agency 
discussed this change:
    As discussed in the proposal, the new procedures do not require 
public

[[Page 43028]]

hearings to be held in conjunction with EPA's authorization decisions. 
Since there is no legal requirement to provide for hearings on revision 
decisions and little public interest has been shown to date in 
attending hearings on initial authorization of State programs, we think 
the opportunity to provide written comments is adequate. Only one 
comment was received on the elimination of routine public hearings, and 
that comment favored the rule change* * *.
    51 FR 7540 at 7541 (March 4, 1986).

2. Wisconsin Administrative Code Chapter NR 538

    The comment regarding Chapter NR 538 of the Wisconsin 
Administrative Code is not relevant to this action because: (1) EPA is 
not authorizing Chapter NR 538, which explicitly excludes hazardous 
wastes from its application; (2) that Chapter does not affect the 
hazardous waste regulations, and (3) EPA's review of this application 
does not extend to that Chapter's consistency with Wisconsin law.
    This action authorizes certain state hazardous waste regulations 
under subchapter III of RCRA. The regulations EPA is authorizing in 
this action do not include Chapter NR 538, which pertains to land 
application of non-hazardous waste.
    Chapter NR 538 does not affect the regulations EPA is authorizing 
in this action. By its terms, that chapter does not apply to hazardous 
wastes:
    NR 538.02 Applicability. (1) Except as otherwise provided, this 
chapter governs the beneficial use of industrial byproducts, except 
hazardous waste and metallic mining waste. (Emphasis added)
    While both solid waste and its subset hazardous waste are regulated 
under the umbrella of the Resource Conservation and Recovery Act 
(RCRA), that statute contains different subchapters for governing the 
content, criteria and administration of hazardous waste programs and 
solid waste plans. Subchapter III of RCRA governs hazardous waste 
management. EPA's authority to ``authorize'' a state to administer and 
enforce a ``hazardous waste program'' under subchapter III of RCRA (see 
section 3006 of RCRA, 42 U.S.C. 6926) does not constitute ``approval'' 
of either a State solid waste plan (see section 4007(a) of RCRA, 42 
U.S.C. 6947(a)) or a solid waste management facility permit program 
(see section 4005(c) of RCRA, 42 U.S.C. 6945(c)) under subchapter IV of 
RCRA. The criteria for authorization of a State hazardous waste program 
are set forth at section 3006 of RCRA. In reviewing an application 
under this section, EPA considers whether the State program (1) is 
equivalent to the Federal program under subchapter III, which governs 
hazardous waste; (2) is consistent with Federal or ``State programs 
applicable in other States;'' and (3) provides adequate enforcement of 
compliance with the requirements of subchapter III of RCRA. As part of 
this review, EPA considers whether the State is imposing requirements 
less stringent than those authorized under subchapter III respecting 
the same matter as governed by such regulation. (See sections 3006 and 
3009 of RCRA, 42 U.S.C. 6926 and 6929.) The commenter's request for EPA 
to review Wis. Admin. Code Chapter NR 538, which explicitly does not 
apply to hazardous waste, for consistency with Wisconsin's statutes 
falls outside the scope of our review of Wisconsin's application for 
the hazardous rules authorized herein.
    For the reasons set forth above the comment on Wisconsin 
Administrative Code Chapter NR 538 is not relevant to this action.

C. 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 are granting 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.

D. What Will Be the Effect of Today's Action?

    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:
    A. Do inspections, and require monitoring, tests, analyses or 
reports.
    B. Enforce RCRA requirements and suspend or revoke permits.
    C. 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.

E. 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).

F. 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, 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 43029]]



------------------------------------------------------------------------
     Description of Federal
 requirement (Checklist )                   date and page         authority
------------------------------------------------------------------------
Wastes From the Use of            59 FR 458-469       NR 600.10(2) 605
 Chlorophenolic Formulations in    January 4, 1994.    (Appendix IV)
 Wood Surface Protection                               Effective June 1,
 (Checklist 128).                                      1998
Revision of Conditional           59 FR 8362-8366     NR 605.05(9)-(11)
 Exemption for Small Scale         February 18, 1994.  Effective June 1,
 Treatability Studies (Checklist                       1998
 129).
Recycled Used Oil Management      59 FR 10550-10560   NR 590.03(33m),
 Standards; Technical Amendments   March 4, 1994.      590.04(1),
 and Corrections II (Checklist                         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 June    NR 600.10(2)
 Correction (Checklist 132).       2, 1994.            Effective June 1,
                                                       1998
Letter of Credit Revision         59 FR 29958-29960   NR 685.07(5)
 (Checklist 133).                  June 10, 1994.      Effective June 1,
                                                       1998
Correction of Beryllium Powder    59 FR 31551-31552   NR 605.09 (Table
 (PO15) Listing (Checklist 134).   June 20, 1994.      IV), 605 Appendix
                                                       IV, 675.20/Table
                                                       Effective June 1,
                                                       1998
Recovered Oil Exclusion           59 FR 38536-38545   NR 605.04(1),
 (Checklist 135).                  July 28, 1994.      605.05(1)-(2),
                                                       625.07(2)
                                                       Effective June 1,
                                                       1998
Removal of the Conditional        59 FR 43496-43500   NR 625.05(1),
 Exemption for Certain Slag        August 24, 1994.    675.20 Effective
 Residues (Checklist 136).                             June 1, 1998
Universal Treatment Standards     59 FR 47982-48110   NR 605(2),
 and Treatment Standards for       September 19,       630.04(16),
 Organic Toxicity Characteristic   1994 as amended     625.05(1),
 Wastes and Newly Listed Wastes    at 60 FR 242-302    600.04,
 (Checklist 137).                  January 3, 1995.    675.03(1m),
                                                       675.04(2),
                                                       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            January 13, 1995.   Effective June
 (Checklist 139).                                      1,1998
Carbamate Production              60 FR 7824-7859     NR 605.04(1),
 Identification and Listing of     February 9, 1995.   605.09 Table III,
 Hazardous Waste (Checklist 140).                      605.09 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           April 4, 1995.      Effective June 1,
 (Checklist 141).                                      1998
Universal Waste: General          60 FR 25492-25551   NR 600.03, 600.03
 Provisions (Checklist 142 A).     May 11, 1995.       (56m), 600.03
                                                       (249m),600.03(249
                                                       p), 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          May 11, 1995.       690.03(10),
 (Checklist 142 B).                                    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         May 11, 1995.       690.03(10),
 (Checklist 142 C).                                    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        May 11, 1995.       630.04(17),
 (Checklist 142 D).                                    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           May 11, 1995.       605.10(6)-(7),
 Universal Waste (Checklist 142                        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).                  July 11, 1995.      Effective June 1,
                                                       1998
RCRA Expanded Public              60 FR 63417-63434   NR 680.06(1m),
 Participation (Checklist 148).    December 11, 1995.  680.06(8m),
                                                       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
                                                       Effective June 1,
                                                       1998

[[Page 43030]]

 
Amendments to the Definition of   61 FR 13103-13106   NR 605.05(1)
 Solid Waste: Amendment II         March 26, 1996.     Effective June 1,
 (Checklist 150).                                      1998
Land Disposal Restriction Phase   61 FR 15566-15660   NR 600.04(1),
 III Decharacterized               April 8, 1996.      675.05(3),
 Wastewaters, Carbamate Wastes                         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) and
                                                       Table UTS, 675
                                                       Appendix IX
                                                       Effective June 1,
                                                       1998
------------------------------------------------------------------------

G. 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         ).                 605.05(11)(d).
 Treatability Studies (Checklist  261.4(f)(4).......
 129).
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).
                                   268.1(c)(3)(iii).  600.04.
                                  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
                                   ).                  ) or (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 New Universal   264.314(e)(2)(iii   Wisconsin does
 Waste (Checklist 145).            ),                  not allow OECD
                                   265.314(f)(2)(ii)   Test 301B, rules
                                   ,                   are more
                                   265.314(f)(2)(iii   restrictive in
                                   ).                  defining a non-
                                                       biodegradable
                                                       sorbents.
Land Disposal Restrictions Phase  268.1(c)(3),        600.04(1) Note:
 III--Decharacterized              268.1(c)(3)(i),     Underground
 Wastewaters, Carbamate Wastes,    268.1(c)(3)(ii),    injection is
 Spent Potliners (Checklist 151).  268.1(c)(3)(iii),   prohibited.
                                   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(a)(d).
                                  268.39(b).........  674.19(2)(b).
                                  268.39(c).........  675.19(2)(c).
                                  268.39(d).........  675.19(2)(e).
                                  2678.39(f)........  675.19(2)(g).
                                  268.40(a).........  675.20(1).
                                  268.40(g).........  675.20(1).
------------------------------------------------------------------------

H. 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.

I. 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:

[[Page 43031]]

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

J. 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 part 272, subpart YY for this authorization of Wisconsin's 
program changes until a later date.

K. 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 
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). This action does not 
have tribal implications within the meaning of Executive Order 13175 
(65 FR 67249, November 9, 2000). 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. 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).

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: June 12, 2002.
Bharat Mathur,
Acting Regional Administrator, Region 5.
[FR Doc. 02-16031 Filed 6-25-02; 8:45 am]
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