[Federal Register Volume 68, Number 119 (Friday, June 20, 2003)]
[Rules and Regulations]
[Pages 36925-36927]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-15661]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-7516-4]


Virginia: Final Authorization of State Hazardous Waste Management 
Program Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: Virginia applied to EPA for final authorization of revisions 
to its hazardous waste program under the Resource Conservation and 
Recovery Act (RCRA). EPA has made a determination that all these 
revisions to the Virginia hazardous waste program, with the exception 
of the Hazardous Waste Lamps Rule, 64 FR 36466, (July 6, 1999), satisfy 
all requirements necessary for final authorization. Thus, with the 
exception of the Hazardous Waste Lamps Rule, EPA is authorizing the 
State's revisions to its hazardous waste program, subject to the 
limitations on its authority retained by EPA in accordance with RCRA, 
including the Hazardous and Solid Waste Amendments of 1984.

EFFECTIVE DATE: Final authorization for the revisions to Virginia's 
hazardous waste management program, with the exception of the Hazardous 
Waste Lamps Rule, shall be effective on June 20, 2003.

FOR FURTHER INFORMATION CONTACT: Joanne Cassidy, Mailcode 3WC21, RCRA 
State Programs Branch, U.S. EPA Region III, 1650 Arch Street, 
Philadelphia, PA 19103-2029, 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 that is equivalent to, consistent with, and no less stringent 
than the Federal program. As the Federal program changes, States must 
revise their programs accordingly and apply to EPA to authorize the 
revisions. Revisions to State programs may be necessary when Federal or 
State statutory or regulatory authority is changed. For example, most 
commonly, States must revise their programs when EPA promulgates 
changes to its regulations in 40 Code of Federal Regulations (CFR) 
parts 124, 260 through 266, 268, 270, 273 and 279.
    Virginia received final authorization on December 4, 1984, 
effective December 18, 1984 (49 FR 47391), to implement a hazardous 
waste management program in lieu of the Federal Program. EPA 
subsequently granted authorization for revisions to Virginia's program 
on June 14, 1993, effective August 13, 1993 (58 FR 32855); and July 31, 
2000, effective September 29, 2000 (65 FR 46607).
    On September 24, 2002, Virginia submitted to EPA a complete program 
revision application, in accordance with 40 CFR 271.21, seeking 
authorization of additional changes to its program. On March 13, 2003, 
EPA published an immediate final rule (68 FR 11981-11986) granting 
Virginia final authorization for these revisions to its federally-
authorized hazardous waste program, along with a companion proposed 
rule announcing EPA's proposal to grant such final authorization (68 FR 
12015). EPA announced in both notices that the immediate final rule and 
the proposed rule were subject to a thirty-day public comment period. 
The public comment period ended on April 14, 2003. Further, EPA stated 
in both notices that if it received adverse comments on its intent to 
authorize Virginia's program revisions that it would (1) withdraw the 
immediate final rule; (2) proceed with the proposed rule as the basis 
for the receipt and evaluation of such comments, and (3) subsequently 
publish a final determination responding to such comments and announce 
its final

[[Page 36926]]

decision as to whether or not to authorize Virginia's program 
revisions. EPA received adverse written comments during the public 
comment period and on May 2, 2003, published a document withdrawing the 
immediate final rule (68 FR 23407-23408). Since all of the comments 
received related only to the Hazardous Waste Lamps Rule, EPA is 
authorizing the remaining provisions. Today's action grants final 
authorization for all program revisions described in EPA's proposed 
rule, with the exception of the provisions of the Hazardous Waste Lamps 
Rule. EPA will respond to comments on the Hazardous Waste Lamps Rule in 
a separate action and publish EPA's final decision as to whether or not 
to authorize the Hazardous Waste Lamps Rule for Virginia. Further 
background on EPA's immediate final rule and its tentative 
determination to grant authorization to Virginia for its program 
revisions appears in the aforementioned Federal Register documents.

B. What Were the Comments and Responses to EPA's Proposal?

    The Agency received comments from twelve (12) sources. All comments 
received specifically related to the Hazardous Waste Lamps Rule. Of 
these comments, four (4) favored the authorization of these provisions 
and eight (8) were adverse. One of the eight adverse comments was 
postmarked one day after the deadline. EPA will address all public 
comments regarding authorization of the Hazardous Waste Lamps Rule for 
Virginia in a later final rule.

C. What Decisions Have We Made in This Rule?

    The Agency has determined that approval of Virginia's RCRA program 
revisions, with the exception of the Hazardous Waste Lamps Rule, should 
occur. EPA has made a final determination that Virginia's application 
to revise its authorized program, with the exception of the Hazardous 
Waste Lamps Rule, 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, with the exception 
of the Hazardous Waste Lamps Rule. 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 for program revisions, with the exception 
of the Hazardous Waste Lamps Rule, 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 any such HSWA requirements and prohibitions in Virginia, 
including issuing HSWA permits, until the State is granted 
authorization to do so.
    For further background on the scope and effect of today's action to 
approve Virginia's RCRA program revisions, please refer to the 
preambles of EPA's March 13, 2003 proposed and immediate final rules to 
grant authorization to Virginia for its program revisions, at 68 FR 
12015 and 68 FR 11981-11986, respectively.

D. 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 and 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 June 20, 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).


[[Page 36927]]


    Dated: June 12, 2003.
James W. Newsom,
Acting Regional Administrator, EPA Region III.
[FR Doc. 03-15661 Filed 6-19-03; 8:45 am]
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