[Federal Register Volume 68, Number 49 (Thursday, March 13, 2003)]
[Rules and Regulations]
[Pages 11981-11986]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-6109]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-7465-8]


Virginia: Final Authorization of State Hazardous Waste Management 
Program Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate final rule.

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

SUMMARY: Virginia 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 Virginia'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 receive written comments 
which oppose this authorization during the comment period, the decision 
to authorize Virginia's changes to its hazardous waste program will 
take effect. If we receive 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 May 12, 2003, 
unless EPA receives adverse written comment by April 14, 2003. If EPA 
receives any 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 as scheduled.

ADDRESSES: Send written comments to Joanne Cassidy, Mailcode 3WC21, 
RCRA State Programs Branch, U.S. EPA Region III, 1650 Arch Street, 
Philadelphia, PA 19103, Phone number: (215) 814-3381. You may inspect 
and copy Virginia's application from 8:15 a.m. to 4:30 p.m., at the 
following addresses: Virginia Department of Environmental Quality, 
Division of Waste Program Coordination, 629 East Main Street, Richmond, 
VA 23219, Phone number: (804) 698-4213, attn: Robert Wickline, and 
Virginia Department of Environmental Quality, West Central Regional 
Office, 3019 Peters Creek Road, Roanoke, VA 24015, Phone number: (540) 
562-6872, attn: Aziz Farahmand, and EPA Region III, Library, 2nd Floor, 
1650 Arch Street, Philadelphia, PA 19103, Phone number: (215) 814-5254.

FOR FURTHER INFORMATION CONTACT: Joanne Cassidy, Mailcode 3WC21, RCRA 
State Programs Branch, U.S. EPA Region III, 1650 Arch Street, 
Philadelphia, PA 19103, Phone number: (215) 814-3381.

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

[[Page 11982]]

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 Has EPA Made in This Rule?

    EPA concludes that Virginia's application to revise its authorized 
program meets all of the statutory and regulatory requirements 
established by RCRA. Therefore, we grant Virginia final authorization 
to operate its hazardous waste program with the changes described in 
its application for program revisions. Virginia 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 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 HSWA requirements and prohibitions in Virginia, 
including issuing HSWA 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 Virginia subject 
to RCRA will now have to comply with the authorized Virginia regulatory 
revisions instead of the equivalent revised Federal requirements in 
order to comply with RCRA. Virginia has enforcement responsibilities 
under its state hazardous waste program for violations of its program, 
but EPA retains its authority under RCRA sections 3007, 3008, 3013, and 
7003, which include, among others, authority to:
    [sbull] Perform inspections, and require monitoring, tests, 
analyses or reports;
    [sbull] Enforce RCRA requirements and suspend or revoke permits; 
and
    [sbull] Take enforcement actions regardless of whether Virginia has 
taken its own actions.
    This action does not impose additional requirements on the 
regulated community because the regulations for which Virginia 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 Virginia's program changes. If EPA receives comments which 
oppose this authorization 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 Virginia'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.

F. What Has Virginia Previously Been Authorized for?

    Virginia initially received final authorization on December 4, 
1984, effective December 18, 1984 (49 FR 47391), to implement the RCRA 
hazardous waste management program. EPA granted authorization for 
changes to Virginia's regulatory program on July 31, 2000, effective 
September 29, 2000 (65 FR 46606).

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

    On September 24, 2002, Virginia submitted a final complete program 
revision application, seeking authorization of its changes in 
accordance with 40 CFR 271.21. Virginia's revision application includes 
changes to the Federal hazardous waste program, as published in the 
Federal Register from December 6, 1994 through June 30, 2001, as well 
as miscellaneous changes to its previously-authorized program. We now 
make an immediate final decision, subject to receipt of written 
comments that oppose this action, that Virginia's hazardous waste 
program revision satisfies all of the requirements necessary to qualify 
for final authorization. Therefore, EPA grants Virginia final 
authorization for the following program changes:

1. Program Revision Changes for Federal Rules Published Between 
December 20, 1994 and June 30, 2001

    Virginia seeks authority to administer the Federal requirements 
that are listed in Table 1. Except as noted in the Table, Virginia 
incorporates by reference these Federal provisions, in accordance with 
the dates specified in Title 9, Virginia Administrative Code (9 VAC 20-
60-18). Table 1 lists Virginia's requirements that are being recognized 
as no less stringent than the analogous Federal requirements. The 
Virginia Waste Management Act (VWMA), enacted by the 1986 session of 
the Virginia's General Assembly and recodified in 1988 as Chapter 14, 
Title 10.1, Code of Virginia, forms the basis of the Virginia program. 
The regulatory references are to Title 9, Virginia Administrative Code 
(9 VAC) effective November 21, 2001.

        Table 1.--Virginia's Analogs to the Federal Requirements
------------------------------------------------------------------------
     Description of Federal
requirement (Revision checklists   Federal Register   Analogous Virginia
              \1\)                                         authority
------------------------------------------------------------------------
                           RCRA Cluster V \2\
------------------------------------------------------------------------
Universal Treatment Standards     60 FR 242, 1/3/95.  Title 9, Virginia
 and Treatment Standards for                           Administrative
 Organic Characteristic Wastes                         Code (9 VAC) Sec.
 and Newly Listed Waste                                 Sec.   20-60-18
 (Revision Checklist 137).                             and 20-60-268 A
Testing and Monitoring            60 FR 3089, 1/13/   9 VAC Sec.  Sec.
 Activities Amendment I            95.                 20-60-18 and 20-
 (Revision Checklist 139).                             60-260 A

[[Page 11983]]

 
Carbamate Production              60 FR 7824, 2/9/95  9 VAC Sec.  Sec.
 Identification and Listing of    60 FR 19165, 4/17/   20-60-18 and 20-
 Hazardous Waste (Revision         95.                 60-261 A
 Checklist 140).                  60 FR 25619, 5/12/
                                   95.
Testing and Monitoring            60 FR 17001, 4/4/   9 VAC Sec.  Sec.
 Activities Amendment II           95.                 20-60-18 and 20-
 (Revision Checklist 141).                             60-260 A
Removal of Legally Obsolete       60 FR 33912, 6/29/  9 VAC Sec.  Sec.
 Rules (Revision Checklist 144).   95.                 20-60-18, 20-60-
                                                       261 A, 20-60-266
                                                       A and 20-60-270 A
---------------------------------
                             RCRA Cluster VI
------------------------------------------------------------------------
Liquids in Landfills III          60 FR 35703, 7/11/  9 VAC Sec.  Sec.
 (Revision Checklist 145).         95.                 20-60-18, 20-60-
                                                       264 A and 20-60-
                                                       265 A
RCRA Expanded Public              60 FR 63417, 12/11/ 9 VAC Sec.  Sec.
 Participation (Revision           95.                 20-60-18, 20-60-
 Checklist 148).                                       124 A and 20-60-
                                                       270 A
Recovered Oil Exclusion,          61 FR 13103, 3/26/  9 VAC Sec.  Sec.
 Correction (Revision Checklist    96.                 20-60-18 and 20-
 150).                                                 60-261 A
Land Disposal Restrictions Phase  61 FR 15566, 4/8/   9 VAC Sec.  Sec.
 III--Decharacterized              96.                 20-60-18 and 20-
 Wastewaters, Carbamate Wastes,   61 FR 15660, 4/8/    60-268 A
 and Spent Potliners (Revision     96.
 Checklist 151).                  61 FR 19117, 4/30/
                                   96.
                                  61 FR 33680, 6/28/
                                   96.
                                  61 FR 36419, 7/10/
                                   96.
                                  61 FR 43924, 8/26/
                                   96.
                                  62 FR 7502, 2/19/
                                   97.
---------------------------------
                            RCRA Cluster VII
------------------------------------------------------------------------
Conditionally Exempt Small        61 FR 34252, 7/1/   9 VAC Sec.  Sec.
 Quantity Generator Disposal       96.                 20-60-18 and 20-
 Options Under Subtitle D                              60-261 A
 (Revision Checklist 153).
Organic Air Emission Standards    59 FR 62896, 12/6/  9 VAC Sec.  Sec.
 for Tanks, Surface                94.                 20-60-18, 20-60-
 Impoundments, and Containers     60 FR 26828, 5/19/   260 A, 20-60-261
 (Revision Checklist 154).         95.                 A, 20-60-262 A,
                                  60 FR 50426, 9/29/   20-60-264 A, 20-
                                   95.                 60-265 A and 20-
                                  60 FR 56952, 11/13/  60-270 A
                                   95.
                                  61 FR 4903, 2/9/96
                                  61 FR 28508, 6/5/
                                   96.
                                  61 FR 59932, 11/25/
                                   96.
Land Disposal Restrictions Phase  62 FR 1992, 1/14/   9 VAC Sec.  Sec.
 III--Emergency Extension of the   97.                 20-60-18 and 20-
 K088 Capacity Variance                                60-268 A
 (Revision Checklist 155).
Military Munitions Rule           62 FR 6622, 2/12/   9 VAC Sec.  Sec.
 (Revision Checklist 156).         97.                 20-60-18, 20-60-
                                                       260 A, 20-60-261
                                                       A, 20-60-262 A,
                                                       20-60-263 A, 20-
                                                       60-264 A, 20-60-
                                                       265 A, 20-60-266
                                                       A and 20-60-270 A
Land Disposal Restrictions--      62 FR 25998, 5/12/  9 VAC Sec.  Sec.
 Phase IV (Revision Checklist      97.                 20-60-18, 20-60-
 157).                                                 261 A and 20-60-
                                                       268 A
Testing and Monitoring            62 FR 32452, 6/13/  9 VAC Sec.  Sec.
 Activities Amendment III          97.                 20-60-18, 20-60-
 (Revision Checklist 158).                             260 A, 20-60-264
                                                       A, 20-60-265 A
                                                       and 20-60-266 A
Carbamate Production,             62 FR 32974, 6/17/  9 VAC Sec.  Sec.
 Identification and Listing of     97.                 20-60-18, 20-60-
 Hazardous Waste; Land Disposal                        261 A and 20-60-
 Restrictions (Conformance With                        268 A
 the Carbamate Vacatur)
 (Revision Checklist 159).
---------------------------------
                            RCRA Cluster VIII
------------------------------------------------------------------------
Land Disposal Restrictions Phase  62 FR 37694, 7/14/  9 VAC Sec.  Sec.
 III--Emergency Extension of the   97.                 20-60-18 and 20-
 K088 National Capacity Variance                       60-268 A
 (Revision Checklist 160).
Second Emergency Revision of the  62 FR 45568, 8/28/  9 VAC Sec.  Sec.
 Land Disposal Restrictions        97.                 20-60-18 and 20-
 (LDR) Treatment Standards for                         60-268 A
 Listed Hazardous Wastes From
 Carbamate Production (Revision
 Checklist 161).
Clarification of Standards for    62 FR 64504, 12/5/  9 VAC Sec.  Sec.
 Hazardous Waste Land Disposal     97.                 20-60-18 and 20-
 Restriction Treatment Variances                       60-268 A
 (Revision Checklist 162).
Organic Air Emission Standards    62 FR 64636, 12/8/  9 VAC Sec.  Sec.
 for Tanks, Surface                97.                 20-60-18, 20-60-
 Impoundments, and Containers                          264 A, 20-60-265
 (Revision Checklist 163).                             A and 20-60-270 A
Kraft Mill Stream Stripper        63 FR 18504, 4/15/  9 VAC Sec.  Sec.
 Condensate Exclusion (Revision    98.                 20-60-18 and 20-
 Checklist 164).                                       60-261 A
LDR Phase IV--Treatment           63 FR 28556, 5/26/  9 VAC Sec.  Sec.
 Standards for Metal Wastes and    98.                 20-60-18 and 20-
 Mineral Processing Wastes                             60-268 A
 (Revision Checklist 167A).

[[Page 11984]]

 
LDR Phase IV--Hazardous Soils     63 FR 28556, 5/26/  9 VAC Sec.  Sec.
 Treatment Standards and           98.                 20-60-18 and 20-
 Exclusions (Revision Checklist                        60-268 A
 167B).
167C--LDR Phase IV--Corrections   63 FR 28556, 5/26/  9 VAC Sec.  Sec.
 (Revision Checklist 167C).        98.                 20-60-18 and 20-
                                  63 FR 31266, 6/8/    60-268 A
                                   98.
Mineral Processing Secondary      63 FR 28556, 5/26/  9 VAC Sec.   20-60-
 Materials Exclusion (Revision     98.                 18 and 20-60-261
 Checklist 167D).                                      A
Bevill Exclusion Revisions and    63 FR 28556, 5/26/  9 VAC Sec.  Sec.
 Clarification (Revision           98.                 20-60-18 and 20-
 Checklist 167E).                                      60-261 A
Hazardous Waste Combustors        63 FR 33782, 6/19/  9 VAC Sec.   20-60-
 Revised Standards (Revision       98.                 18, 20-60-261 A
 Checklist 168).                                       and 20-60-270 A
---------------------------------
                             RCRA Cluster IX
------------------------------------------------------------------------
Petroleum Refining Process        63 FR 42110, 8/6/   9 VAC Sec.  Sec.
 Wastes (Revision Checklist 169).  98.                 20-60-18, 20-60-
                                  63 FR 54356, 10/9/   261 A, 20-60-266
                                   98.                 A and 20-60-268 A
Land Disposal Restrictions Phase  63 FR 46332, 8/31/  9 VAC Sec.  Sec.
 IV--Zinc Micronutrient            98.                 20-60-18 and 20-
 Fertilizers, Administrative                           60-268 A
 Stay (Revision Checklist 170).
Emergency Revision of the Land    63 FR 47410, 9/4/   9 VAC Sec.  Sec.
 Disposal Restrictions (LDR)       98.                 20-60-18 and 20-
 Treatment Standards for Listed                        60-268 A
 Hazardous Wastes from Carbamate
 Production (Revision Checklist
 171).
Land Disposal Restrictions Phase  63 FR 48124, 9/9/   9 VAC Sec.  Sec.
 IV--Extension of Compliance       98.                 20-60-18 and 20-
 Date for Characteristic Slags                         60-268 A
 (Revision Checklist 172).
Land Disposal Restrictions;       63 FR 51254, 9/24/  9 VAC Sec.  Sec.
 Treatment Standards for Spent     98.                 20-60-18 and 20-
 Potliners from Primary Aluminum                       60-268 A
 Reduction (K088); Final Rule
 (Revision Checklist 173).
Post-Closure Requirements and     63 FR 56710, 10/22/ 9 VAC Sec.  Sec.
 Closure Process (Revision         98.                 20-60-18, 20-60-
 Checklist 174).                                       264 A, 20-60-265
                                                       A and 20-60-270 A
HWIR-Media (Revision Checklist    63 FR 65874, 11/30/ 9 VAC Sec.  Sec.
 175).                             98.                 20-60-18, 20-60-
                                                       260 A, 20-60-261
                                                       A, 20-60-264 A,
                                                       20-60-265 A, 20-
                                                       60-268 A, 20-60-
                                                       270 A and 20-60-
                                                       270 B 14
                                                      Note: At 9 VAC 20-
                                                       60-270 B 14,
                                                       Virginia
                                                       clarifies that
                                                       the EPA appeal
                                                       rights and
                                                       procedures
                                                       related to
                                                       remedial action
                                                       plan (RAP), as
                                                       specified in 40
                                                       CFR 270.155, are
                                                       not incorporated
                                                       into the Virginia
                                                       regulations.
                                                       Appeals of
                                                       actions related
                                                       to RAPs are
                                                       governed by
                                                       Virginia's
                                                       Administrative
                                                       Process Act,
                                                       Title 2.2,
                                                       Chapter 40, Sec.
                                                       Sec.   2.2-4000
                                                       through 2.2-4033,
                                                       Code of Virginia.
Universal Waste Rule--Technical   63 FR 71225, 12/24/ 9 VAC Sec.   20-60-
 Amendments (Revision Checklist    98.                 18, 20-60-266 A
 176).                                                 and 20-60-273 A
Organic Air Emission Standards:   64 FR 3382, 1/21/   9 VAC Sec.  Sec.
 Clarification and Technical       99.                 20-60-18, 20-60-
 Amendments (Revision Checklist                        262 A, 20-60-264
 177).                                                 A and 20-60-265 A
Petroleum Refining Process        64 FR 6806, 2/11/   9 VAC Sec.  Sec.
 Wastes--Leachate Exemption        99.                 20-60-18 and 20-
 (Revision Checklist 178).                             60-261 A
Land Disposal Restrictions Phase  64 FR 25408, 5/11/  9 VAC Sec.  Sec.
 IV--Technical Corrections and     99.                 20-60-18, 20-60-
 Clarifications to Treatment                           261 A, 20-60-262
 Standards (Revision Checklist                         A and 20-60-268 A
 179).
Test Procedures for the Analysis  64 FR 26315, 5/14/  9 VAC Sec.  Sec.
 of Oil and Grease and Non-Polar   99.                 20-60-18 and 20-
 Material (Revision Checklist                          60-260 A
 180).
---------------------------------
                             RCRA Cluster X
------------------------------------------------------------------------
Universal Waste Rule: Specific    64 FR 36466, 7/6/   9 VAC Sec.  Sec.
 Provisions for Hazardous Waste    99.                 20-60-18, 20-60-
 Lamps (Revision Checklist 181).                       260 A, 20-60-261
                                                       A, 20-60-264 A,
                                                       20-60-265 A, 20-
                                                       60-268 A, 20-60-
                                                       270 A, 20-60-273
                                                       A, and 20-60-273
                                                       B.3.a
Hazardous Air Pollutant           64 FR 52828, 9/30/  9 VAC Sec.  Sec.
 Standards for Combustors,         99.                 20-60-18, 20-60-
 Miscellaneous Units, and         64 FR 63209, 11/19/  260 A, 20-60-261
 Secondary Lead Smelters;          99.                 A, 20-60-264 A,
 Clarification of BIF                                  20-60-265 A, 20-
 Requirements; Technical                               60-266 A and 20-
 Correction to Fast-track Rule                         60-270 A
 (Revision Checklist 182).
Land Disposal Restrictions Phase  64 FR 56469, 10/20/ 9 VAC Sec.  Sec.
 IV--Technical Corrections         99.                 20-60-18, 20-60-
 (Revision Checklist 183).                             261 A, 20-60-262
                                                       A and 20-60-268 A
Accumulation Time for Waste       65 FR 12378, 3/8/   9 VAC Sec.  Sec.
 Water Treatment Sludges           00.                 20-60-18 and 20-
 (Revision Checklist 184).                             60-262 A
Vacatur of Organobromine          65 FR 14472, 3/17/  9 VAC Sec.  Sec.
 Production Waste Listings         00.                 20-60-18, 20-60-
 (Revision Checklist 185).                             261 A and 20-60-
                                                       268 A

[[Page 11985]]

 
Petroleum Refining Process        65 FR 36365, 6/8/   9 VAC Sec.  Sec.
 Wastes--Clarification (Revision   00.                 20-60-18, 20-60-
 Checklist 187).                                       261 A and 20-60-
                                                       268 A
---------------------------------
                             RCRA Cluster XI
------------------------------------------------------------------------
Hazardous Air Pollutant           65 FR 42292, 7/10/  9 VAC Sec.  Sec.
 Standards; Technical              00.                 20-60-18, 20-60-
 corrections (Revision Checklist  66 FR 24270, 5/14/   261 A, 20-60-264
 188).                             01.                 A and 20-60-270 A
Chlorinated Aliphatics Listing    65 FR 67068, 11/8/  9 VAC Sec.  Sec.
 and LDRs for Newly Identified     00.                 20-60-18, 20-60-
 Wastes (Revision Checklist 189).                      261 A and 20-60-
                                                       268 A
Land Disposal Restrictions Phase  65 FR 81373, 12/26/ 9 VAC Sec.  Sec.
 IV--Deferral for PCBs in Soil     00.                 20-60-18 and 20-
 (Revision Checklist 190).                             60-268 A
Mixed Waste Rule (Revision        66 FR 27218, 5/16/  9 VAC Sec.  Sec.
 Checklist 191).                   01.                 20-60-18 and 20-
                                                       60-266 A
Mixture and Derived-From Rules    66 FR 27266, 5/16/  9 VAC Sec.  Sec.
 Revisions (Revision Checklist     01.                 20-60-18 and 20-
 192A).                                                60-261 A
Land Disposal Restrictions        66 FR 27266, 5/16/  9 VAC Sec.  Sec.
 Correction (Revision Checklist    01.                 20-60-18 and 20-
 192B).                                                60-268 A
Change of Official EPA Mailing    66 FR 34374, 6/28/  9 VAC Sec.  Sec.
 Address (Revision Checklist       01.                 20-60-18 and 20-
 193).                                                 60-260 A
---------------------------------
                               PROJECT XL
------------------------------------------------------------------------
Project XL Site-Specific          62 FR 59621, 10/8/  9 VAC Sec.  Sec.
 Rulemaking for Merck & Co.,       97.                 20-60-18, 20-60-
 Inc., Stonewall Plant, Elkton,                        264 and 20-60-265
 VA.                                                   A
------------------------------------------------------------------------
\1\ A Revision Checklist is a document that addresses the specific
  changes made to the Federal regulations by one or more related final
  rules published in the Federal Register. EPA develops these checklists
  as tools to assist States in developing their authorization
  applications and in documenting specific State analogs to the Federal
  regulations. For more information see EPA's RCRA State Authorization
  Web page at http://www.epa.gov/epaoswer/hazwaste/state.
\2\ A ``RCRA Cluster'' is a set of Revision Checklists for Federal rules
  promulgated between July 1 and June 30 of any given year.

2. Additional Requirements for Universal Waste Handlers of Hazardous 
Waste Lamps

    In the preamble of the July 6, 1999 Universal Waste Rule for 
hazardous waste lamps (64 FR 36466 et seq.), EPA stated that the Agency 
will consider authorization of State programs that include provisions 
for controlling the treatment or crushing of universal waste lamps, if 
the State program can be shown to be equivalent to the Federal 
prohibition (see p. 36478, column 1). Virginia has adopted and is 
seeking authorization for requirements at 9 VAC sections 20-60-
273.B.3.b and 20-60-273.B.3.c which allow universal waste handlers to 
crush universal waste lamps at the site of generation in order to 
reduce their volume before transportation. Virginia's lamp crushing 
regulations include technical requirements for controlling emissions of 
hazardous constituents to levels established by the Federal 
Occupational Safety and Health Administration (OSHA), and specific 
operational recordkeeping requirements. EPA has reviewed Virginia's 
universal waste lamp regulations and has determined that the State's 
requirements are at least as protective as, and therefore equivalent 
to, the Federal prohibition on the treatment of universal waste lamps. 
Therefore, EPA grants Virginia final authorization for its universal 
waste lamp regulations, which provide for lamp crushing.

3. Miscellaneous Changes

    In addition to adopting Federal program revisions by means of 
updating the effective date of the incorporation by reference of the 
Code of Federal Regulations to July 1, 2001, Virginia has made various 
additional regulatory revisions since its first program revision 
application. Virginia is seeking authorization for these miscellaneous 
changes, which became effective March 13, 2002. Among these changes, 
Virginia reorganized its permit procedures by deleting Part XI (9 VAC 
20-60-960 through 9 VAC 20-60-1250) and expanding, as appropriate, the 
coverage of 9 VAC 20-60-270. Virginia has also adopted the Federal 
provisions of 40 CFR 260.30 and 260.31 at 9 VAC 20-60-1390 A 2 and 20-
60-1390 B respectively, which provide for a petition process for waste 
variances from classification as a solid waste; and revised various 
cross-references, principally to conform to the deletion of Part XI. 
Additional miscellaneous changes are listed following this paragraph. 
Regulatory citations annotated with an asterisk are deemed to be more 
stringent than the Federal program. EPA has evaluated the miscellaneous 
changes described in this section and has determined that they are 
consistent with and no less stringent than the corresponding Federal 
regulations.

Title 9, Virginia Administrative Code (9 VAC) Sec. Sec.  20-60-14 B 3 
through B6; 20-60-17 A; 20-60-20 through 20-60-90; 20-60-124 A & B; 20-
60-260 B 3 b; 20-60-260 B 8 and B 9; 20-60-261 B 5*, 20-60-262 B 4* and 
20-60-262 B 6 and B 7; 20-264 B 5*, 20-60-264 B 7; 20-60-264 B 15 a*; 
20-60-264 B 16; 20-60-264 B 17; 20-60-265 B 6*; 20-60-265 B 7; 20-60-
265 B 9; 20-60-265 B 18; 20-60-266 B 3; 20-60-270 A; 20-60-270 B 5; 20-
60-270 B 6 (except first sentence); 20-60-270 B 7; 20-60-270 B 8; 20-
60-270 B 9 introductory paragraph; 20-60-279 B 9 a*; 20-60-270 B 9 b; 
20-60-270 B 10*; 20-60-270 B 11*; 20-60-270 B 12*; 20-60-270 B 13; 20-
60-273 B 2; 20-60-315 B & C; 20-60-315 H; 20-60-328 A through D; 20-60-
1410 A and B; 20-60-1420 B and C; 20-60-1430; and 20-60-1435.

    A further discussion of Virginia's miscellaneous regulatory changes 
is found in the following authorization revision application documents 
for Virginia: (1) ``Demonstration of Adequate Authority for Virginia 
Hazardous Waste Management Program Revisions from Program Revision I 
through June 30, 2001: Program Revision II'' and (2) ``Program 
Description, Revision II, 2002.''

[[Page 11986]]

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

    Virginia's hazardous waste program contains several provisions 
which are more stringent than the RCRA program as codified in the July 
1, 2001 edition of title 40 of the Code of Federal Regulations (CFR). 
These more stringent provisions are part of the Federally-authorized 
program and are, therefore, Federally-enforceable. The specific more 
stringent provisions are noted in Section G.3.

I. Who Handles Permits After This Authorization Takes Effect?

    After authorization, Virginia 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 it issued prior to the effective 
date of this authorization. Until such time as formal transfer of EPA 
permit responsibility to Virginia occurs and EPA terminates its permit, 
EPA and Virginia agree to coordinate the administration of permits in 
order to maintain consistency. EPA will not issue any additional new 
permits or new portions of permits for the provisions listed in Section 
G after the effective date of this authorization. EPA will continue to 
implement and issue permits for HSWA requirements for which Virginia is 
not yet authorized.

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

    Virginia is not seeking authority to operate its program on Indian 
lands, since there are no Federally-recognized Indian Lands in 
Virginia.

K. What Is Codification and Is EPA Codifying Virginia's Hazardous Waste 
Program as Authorized in This Rule?

    Codification is the process of placing the State's statutes and 
regulations that comprise the State's authorized hazardous waste 
program into the Code of Federal Regulations. EPA does this by 
referencing the authorized State rules in 40 CFR part 272. EPA reserves 
the amendment of 40 CFR part 272, subpart VV, for this authorization of 
Virginia's program changes until a later date.

L. Statutory and Executive Order Reviews

Statutory and Executive Order Reviews

    This rule only authorizes hazardous waste requirements pursuant to 
RCRA 3006 and imposes no requirements other than those imposed by State 
law (see Supplementary Information, Section A. Why are Revisions to 
State Programs Necessary?). Therefore, this rule complies with 
applicable executive orders and statutory provisions as follows.

1. Executive Order 12866: Regulatory Planning Review

    The Office of Management and Budget has exempted this rule from its 
review under Executive Order (EO) 12866.

2. Paperwork Reduction Act

    This rule does not impose an information collection burden under 
the Paperwork Reduction Act.

3. Regulatory Flexibility Act

    After considering the economic impacts of today's rule on small 
entities under the Regulatory Flexibility Act, I certify that this rule 
will not have a significant economic impact on a substantial number of 
small entities.

4. Unfunded Mandates Reform Act

    Because this rule approves 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.

5. Executive Order 13132: Federalism

    EO 13132 does not apply to this rule because it will not have 
federalism implications (i.e., 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).

6. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    EO 13175 does not apply to this rule because it will not have 
tribal implications (i.e., substantial direct effects on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes).

7. Executive Order 13045: Protection of Children from Environmental 
Health & Safety Risks

    This rule is not subject to EO 13045 because it is not economically 
significant and it is not based on health or safety risks.

8. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This rule is not subject to EO 13211 because it is not a 
significant regulatory action as defined in EO 12866.

9. National Technology Transfer Advancement Act

    EPA approves State programs as long as they meet criteria required 
by RCRA, so it would be inconsistent with applicable law for EPA, in 
its review of a State program, to require the use of any particular 
voluntary consensus standard in place of another standard that meets 
the requirements of RCRA. Thus, Section 12(d) of the National 
Technology Transfer and Advance Act does not apply to this rule.

10. Congressional Review Act

    EPA will submit a report containing this rule and other information 
required by the Congressional Review Act (5 U.S.C. 801 et seq.) 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 on May 12, 
2003.

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: March 5, 2003.
Thomas Voltaggio,
Acting Regional Administrator, EPA Region III.
[FR Doc. 03-6109 Filed 3-12-03; 8:45 am]
BILLING CODE 6560-50-P