[Federal Register Volume 68, Number 200 (Thursday, October 16, 2003)]
[Rules and Regulations]
[Pages 59542-59546]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-26047]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-7575-1]


West Virginia: Final Authorization of State Hazardous Waste 
Management Program Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate final rule.

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SUMMARY: West 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 West 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 West Virginia's changes to its hazardous waste 
program will take effect. If we receive comments that oppose this 
action, or portions thereof, we will publish a document in the Federal 
Register withdrawing the relevant portions of this rule, before they 
take effect, and a separate document in the proposed rules section of 
this Federal Register will serve as a proposal to authorize changes to 
West Virginia's program that were the subject of adverse comment.

DATES: This final authorization will become effective on December 15, 
2003, unless EPA receives adverse written comments by November 17, 
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, or portions thereof, will 
not take effect as scheduled.

ADDRESSES: Send written comments to Lillie Ellerbe, Mailcode 3WC21, 
RCRA State Programs Branch, U.S. EPA Region III, 1650 Arch Street, 
Philadelphia, PA 19103, Phone number: (215) 814-5454. Comments may also 
be submitted electronically to [email protected] or by facsimile 
at (215) 814-3163. Comments in electronic format should identify this 
specific notice. You may inspect and copy West Virginia's application 
from 8 a.m. to 4:30 p.m., at the following addresses: West Virginia 
Department of Environmental Protection

[[Page 59543]]

(WVDEP), Division of Water and Waste Management, 1356 Hansford Street, 
Charleston, WV 25301-1401, Phone number: (304) 558-2505, attn: Carroll 
Cather, and EPA Region III, Library, 2nd Floor, 1650 Arch Street, 
Philadelphia, PA 19103, Phone number: (215) 814-5254.

FOR FURTHER INFORMATION CONTACT: Lillie Ellerbe, Mailcode 3WC21, RCRA 
State Programs Branch, U.S. EPA Region III, 1650 Arch Street, 
Philadelphia, PA 19103, Phone number: (215) 814-5454.

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 to become more 
stringent or broader in scope, States must change their programs and 
apply to EPA to authorize the changes. Authorization of 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 revise 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 West Virginia's application to revise its 
authorized program meets all of the statutory and regulatory 
requirements established by RCRA. Therefore, we grant West Virginia 
final authorization to operate its hazardous waste program with the 
changes described in its application for program revisions, subject to 
the procedures described in Section E, below. West 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 for which West Virginia has not been authorized, including 
issuing HSWA permits, until the State is granted authorization to do 
so.

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

    This decision serves to authorize revisions to West Virginia's 
authorized hazardous waste program. This action does not impose 
additional requirements on the regulated community because the 
regulations for which West Virginia is being authorized by today's 
action are already effective and are not changed by today's action. 
West 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 West 
Virginia has taken its own actions.

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 West Virginia's program changes. If EPA receives comments 
which oppose this authorization, or portions thereof, that document 
will serve as a proposal to authorize the changes to West Virginia's 
program that were the subject of adverse comment.

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

    If EPA receives comments that oppose this authorization, or 
portions thereof, we will withdraw this rule, or portions thereof, as 
appropriate, by publishing a document in the Federal Register before 
the rule would become effective. EPA will base any further decision on 
the authorization of West Virginia's program changes on the proposal 
mentioned in the previous section. We will then address all public 
comments in a later final rule. You may not have another opportunity to 
comment. If you want to comment on this authorization, you must do so 
at this time.
    If we receive comments that oppose the authorization of a 
particular change to the State's hazardous waste program, we will 
withdraw that part of this rule, but the authorization of the program 
changes that the comments do not oppose will become effective on the 
date specified above. The Federal Register withdrawal document will 
specify which part of the authorization will become effective, and 
which part is being withdrawn.

F. What Has West Virginia Previously Been Authorized for?

    Initially, West Virginia received final authorization to implement 
its hazardous waste management program effective May 29, 1986 (51 FR 
17739). EPA granted authorization for changes to West Virginia's 
regulatory program on May 10, 2000, effective July 10, 2000 (65 FR 
29973).

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

    On June 4, 2003, West Virginia submitted a program revision 
application, seeking authorization of additional changes to its program 
in accordance with 40 CFR 271.21. West Virginia's revision application 
includes various regulations which are equivalent to, and no less 
stringent than, changes to the Federal hazardous waste program, as 
published in the Federal Register through March 8, 2000. We now make an 
immediate final decision, subject to receipt of written comments that 
oppose this action, the West Virginia's hazardous waste program 
revision satisfies all of the requirements necessary to qualify for 
final authorization. Therefore, EPA grants West Virginia final 
authorization for the following program changes:
    West Virginia seeks authority to administer the Federal 
requirements that are listed in Table 1. This Table lists the State 
analogs that are being recognized as so less stringent than the 
appropriate Federal requirements. Unless otherwise stated, the State's 
statutory references are to the West Virginia Code (W. Va. Code), 1994 
Cumulative Supplement, Chapter 22- Environmental Resources, Article 1 
(Division of Environmental Protection), Article 5 (Air Pollution 
Control), and Article 18 (Hazardous Waste Management Act). The 
regulatory references are to the following Legislative Rules: Title 33, 
Series 20, Code of State Regulations (33CSR20), ``Hazardous Waste 
Management Rule'', effective July 1, 2001; 45CSR25, ``To Prevent and 
Control Air Pollution From Hazardous Waste Treatment, Storage, or 
Disposal Facilities,'' effective July 1, 2001; and 47CSR13 Underground 
Injection Control'' effective June 1, 2002.

[[Page 59544]]

    In particular, West Virginia is seeking authority for the Federal 
Corrective Action Program under HSWA as addressed in Revision 
Checklists 17L, 44A, B, C, and 121; Federal delisting requirements at 
40 CFR 260.22, Revision Checklist 17B; post closure permit requirement 
and closure process regulations (alternative to post-closure rule), 
Revision Checklist 174; the radioactive mixed waste requirements, and 
Project XL rulemaking for Osi Specialities, Inc., Sisterville, WV (aka 
Crompton Corporation).

------------------------------------------------------------------------
   Description of Federal Requirement        Analogous West Virginia
        (Revision Checklists\1\)                    Authority
------------------------------------------------------------------------
                            Early Checklists
------------------------------------------------------------------------
Consolidated Delisting Checklist,        West Virgina Code (W. Va. Code)
 Hazardous Waste Management System:       1994 Cumulative Supplement
 General 40 CFR 260.20 and 260.22 as of   Sec.   Sec.   22-18-6(a)(12),
 June 30, 1999 (Incluides Revision        22-1-3(c), 22-18-5(a), 22-18-
 Checklist 17B).                          6(a) and 22-18-23, Hazardous
                                          Waste Management Regulations
                                          (HWMR) Sec.   Sec.   33-20-
                                          1.6, 33-20-2.1 and 33-20-2.4.
Corrective Action, 50 FR 28702-28755, 7/ W. Va. Code Sec.   Sec.   22-18-
 15/85, Revision Checklist 17L.           9(a) and 22-1-3(c), 22-18-
                                          9(b)(1)-(2), 22-18-6(a)(4)(C),
                                          (F), (G), 22-18-7(e), 22-8-
                                          9(b)(2) HWMR Sec.   Sec.   33-
                                          20-1.6, 33-20-7.2, 33-20-11.1
                                          and 33-20-11.23.
----------------------------------------
                     Non-HSWA IV/HSWA Cluster II \2\
------------------------------------------------------------------------
Permit Application Requirements          W. Va. Code Sec.   Sec.   22-1-
 Regarding Corrective Action, 52 FR       3(c), 22-18-8(a), 22-18-9(a)
 45788-45799, 12/1/87, Revision           and 22-18-23, HWMR Sec.   Sec.
 Checklist 44A.                             33-20-1.6, 33-20-11.1.
Corrective Action Beyond the Facility    W. Va. Code Sec.  Sec.   22-18-
 Boundary, 52 FR 45788-45799, 12/1/87,    9(b) and 22-1-3(c), HWMR Sec.
 Revision Checklist 44B.                  Sec.   33-20-1.6, 33-20-7.2.
Corrective Action for Injection Wells,   W. Va. Code Sec.   Sec.   22-18-
 52 FR 45788-45799, 12/1/87, Revision     9(a), 22-18-8(a) and 22-18-
 Checklist 44C.                           9(a), 22-18-23, 47 CSR 13,
                                          Sec.   Interim Status for
                                          Class I RCRA Injection wells
                                          (47 CSR 13 Sec.   7.3 (a-h),
                                          47 CSR 13, Sec.   Class I RCRA
                                          Injection wells prohibited
                                          without a permit (47 CSR 13
                                          Sec.  13.3), HWMR Sec.   Sec.
                                           33-20-1.6 and 33-20-11.23.
----------------------------------------
                            RCRA Cluster III
------------------------------------------------------------------------
Corrective Action Management Units and   W. Va. Code Sec.   Sec.   22-18-
 Temporary Units, 52 FR 8658-8685, 2/16/  9, 22-1-3(c), 22-18-5(a) 22-18-
 93, Revision Checklist 121.              6(a) and 22-18-23, HWMR Sec.
                                          Sec.   33-20-1.6, 33-20-2.1,
                                          33-20-7.2, 33-20-8.1, 33-20-
                                          10.1, and 33-20-11.1.
----------------------------------------
                            RCRA Cluster VIII
------------------------------------------------------------------------
Land Disposal Restrictions Phase III--   W. Va. Code Sec.   Sec.   22-18-
 Emergency Extension of the K088          5(a), 22-18-6(a), (a)(12)(A),
 National Capacity Variance, Amendment,   (B), (D), 22-18-23 and 22-1-
 62 FR 37694-37699, 7/14/97, Revision     3(c), HWMR Sec.   Sec.   33-20-
 Checklist 160.                           1.6 and 33-20-10.1.
Emergency Revision of the Carbamate      W. Va. Code Sec.   Sec.   22-18-
 Land Disposal Restrictions, 62 FR        5(a), 22-18-6(a), (a)(12)(A),
 45568, 8/28/97, Revision Checklist 161.  (B), (D), 22-18-23 and 22-1-
                                          3(c), HWMR Sec.   Sec.   33-20-
                                          1.6 and 33-20-10.1.
Kraft Mill Stream Stripper Condensate    W. Va. Code Sec.   Sec.   22-18-
 Exclusion, 63 FR 18504-18751, 4/15/98,   6(a), (a)(2)&(12), 22-1-3(c),
 Revision Checklist 164.                  22-18-5(a), and 22-18-23, HWMR
                                          Sec.   Sec.   33-20-1.6, and
                                          33-20-3.1, 45 CSR 25 Sec.   45-
                                          25-1.5a (Table 25-A, Item 20).
Recycled Used Oil Management Standards;  W. Va. Code Sec.   Sec.   22-18-
 Technical Correction and Clarification   6(a)(14), 22-18-6(a)(15) and
 63 FR 24963-24969, 5/5/98 as amended 7/  22-1-3(c), HWMR Sec.   Sec.
 14/98, at 63 FR 37780-37782, Revision    33-20-1.6, 33-20-3.1 and 33-20-
 Checklist 166.                           14.1.
Petroleum Refining Process Wastes, 63    W. Va. Code Sec.   Sec.   22-18-
 FR 42110-42189, 8/6/98, Revision         5(a), 22-18-6(a), (a)(12)(A),
 Checklist 169.                           (B), (D), 22-1-3(c), 22-18-23,
                                          HWMR Sec.   Sec.   33-20-1.6,
                                          33-20-3.1, 33-20-10.1, 33-20-
                                          3.1a through 3.1.a.3, 33-20-9,
                                          45 CSR 25, Sec.   45-25-1.5.a
                                          (Table 25-A, Item 20).
----------------------------------------
                             RCRA Cluster IX
------------------------------------------------------------------------
Land Disposal Restrictions Phase IV--    W. Va. Code Sec.   Sec.   22-18-
 Zinc Micronutrient Fertilizers,          5(a), 22-18-6(a), (a)(12)(A),
 Amendment 63 FR 46332-46334, 8/31/98,    (B), (D), 22-18-23 and 22-1-
 Revision Checklist 170.                  3(c), HWMR Sec.   Sec.   33-20-
                                          1.6 and 33-20-10.1.
Emergency Revision of the Land Disposal  W. Va. Code Sec.   Sec.   22-18-
 Restrictions (LDR) Treatment Standards   5(a), 22-18-6(a), (a)(12)(A),
 for Listed Hazardous Wastes from         (B), (D), 22-18-23, and 22-1-
 Carbamate Production, 63 FR 47410-       3(c), HWMR Sec.   Sec.   33-20-
 47418, 9/4/98, Revision Checklist 171.   1.6 and 33-20-10.1.
Land Disposal Restrictions Phase IV--    W. Va. Code Sec.   Sec.   22-18-
 Extension of Compliance Date for         5(a), 22-18-6(a), (a)(12)(A),
 Characteristic Slags, 63 FR 48124-       (B), (D), 22-18-23, and 22-1-
 48127, 9/9/98, Revision Checklist 172.   3(c), HWMR Sec.   Sec.   33-20-
                                          1.6 and 33-20-10.1.
Land Disposal Restrictions; Treatment    W. Va. Code Sec.   Sec.   22-18-
 Standards for Spent Potliners from       5(a), 22-18-6(a), (a)(12)(A),
 Primary Aluminum Reduction (K088);       (B) & (D), 22-18-23 and 22-1-
 Final Rule, 63 FR 51254-51267, 9/24/     3(c), HWMR Sec.   Sec.   33-20-
 98, Revision Checklist 173.              1.6, 33-20-10.1.
Post-Closure Permit Requirements and     W. Va. Code Sec.   Sec.   22-18-
 Closure Process, 63 FR 56710-56735, 10/  6(a) & (a)(5), 22-1-3(c), 22-
 22/98, Revision Checklist 174.           18-5(a), 22-18-23, 22-18-
                                          14(f), 22-18-15 and 22-18-
                                          17(c), HWMR Sec.   Sec.   33-
                                          20-1.6, 33-20-7.2, 33-20-8.1,
                                          33-20-11.1.
HWIR-Media, 63 FR 65874-65947, 11/30/    W. Va. Code Sec.   Sec.   22-18-
 98, Revision Checklist 175.              6(a), (a)(2), (a)(5)&(12), 22-
                                          1-3(c), 22-18-5(a), 22-18-23,
                                          22-18-9, 22-18-20 HWMR Sec.
                                          Sec.   33-20-1.6, 33-20-2.1 33-
                                          20-3.1, 33-20-7.2, 33-20-8.1,
                                          33-20-10-1, 33-20-11.1, 45 CSR
                                          25, Sec.   45-25-1.5.a (Table
                                          25-A, Item 20).
Universal Waste Rule--Technical          W. Va. Code Sec.   Sec.   22-1-
 Amendments, 63 FR 71225-71230, 12/24/    3(c), 22-18-5(a), 22-18-6(a),
 98, Revision Checklist 176.              22-18-23 HWMR Sec.   Sec.   33-
                                          20-1.6, 33-20-13.1, 33-20-9.

[[Page 59545]]

 
Organic Air Emission Standards:          W. Va. Code Sec.   Sec.   22-1-
 Clarification and Technical              3(c), 22-5.1, 22-18-6(a), 22-
 Amendments, 64 FR 3382, 1/21/99,         18-6(a)(13) (A)&(B), 22-18-23,
 Revision Checklist 177.                  HWMR Sec.   Sec.   33-20-1.6,
                                          33-20-3.1. 33-20-5.1, 33-20-
                                          7.2, 33-20-7.8, 33-20-8.1, 33-
                                          20-8.6, 33-20-11.1, 45 CSR 25,
                                          Sec.   Sec.   45-25-1.1.a, 45-
                                          25-1.1.b, 45-25-1.5a (Table 25-
                                          A, Items 6, 7, 8, 9, 10, 11
                                          and 21).
Petroleum Refining Process Wastes--      W. Va. Code Sec.   Sec.   22-18-
 Leachate Exemption, 64 FR 6806, 2/11/    6(a), (a)(2)&(12) 22-1-3(c),
 99, Revision Checklist 178.              22-18-5(a), 22-18-23, HWMR
                                          Sec.   Sec.   33-20-1.6, 33-20-
                                          3.1, 45 CSR 25, Sec.   45-25-
                                          1.5.a (Table 25-A, Item 20).
Land Disposal Restrictions Phase IV--    W. Va. Code Sec.   Sec.   22-18-
 Technical Corrections and                6(a), (a)(2)&(12)(A), (B),
 Clarifications to Treatment Standards,   (D), 22-1-3(c), 22-18-5(a), 22-
 64 FR 25408-25417, 5/11/99, Revision     18-23, HWMR Sec.   Sec.   33-
 Checklist 179.                           20-1.6, 33-20-3.1, 33-20-5.1,
                                          33-20-10.1, 45 CSR 25, 45-25-
                                          1.5.a (Table 25-A, Item 20).
Test Procedures for the Analysis of Oil  W. Va. Code Sec.   Sec.   22-1-
 and Grease and Non-Polar Material, 64    3(c), 22-18-5(a), 22-18-6(a),
 FR 26315-26327, 5/14/99. Revision        22-18-23, HWMR Sec.   Sec.
 Checklist 180.                           33-20-1.6, 33-20-2.1.
----------------------------------------
                             RCRA Cluster X
------------------------------------------------------------------------
Hazardous Air Pollutant Standards for    W. Va. Code Sec.   Sec.   22-18-
 Combustors, 64 FR 52828-53077, 9/30/     6(a), (a)(2) (5), (12), (13),
 99, as amended 11/19/99, at 64 FR        22-1-3(c), 22-18-5(a), 22-18-
 63209-63213, Revision Checklist 182.     23, HWMR Sec.   Sec.   33-20-
                                          1.6, 33-20-3.1, 33-20-1.10, 45
                                          CSR 25, Sec.   45-25-1.5a
                                          (Table 25-A, Item 20) and
                                          1.5.c.
Accumulation Time for Waste Water        W. Va. Code Sec.   Sec.   22-18-
 Treatment Sludges, 65 FR 12378-12398,    6(a)&(a)(3), 22-1-3(c), 22-18-
 3/8/00, Revision Checklist 184.          5(a), 22-18-23, HWMR Sec.   33-
                                          20-5.5.
----------------------------------------
                         Radioactive Mixed Waste
------------------------------------------------------------------------
Hazardous Components of Radioactive      W. Va. Code Sec.   Sec.   22-18-
 Mixed Wastes, 51 FR 24504, 7/3/86.       3(16) 22-18-6(a)(2), HWMR Sec.
                                            Sec.   33-20-1.6, and 33-20-
                                          3.1.
----------------------------------------
                               Project XL
------------------------------------------------------------------------
Project XL Site-Specific Rulemaking for  W. Va. Code Sec.   Sec.   22-1-
 Osi Specialities, Inc., Sisterville,     3(c), 22-5-1, 22-18-6(a),
 WV, 63 FR 49384, as amended 9/15/98      (a)(12), and (a)(13)(A)&(B),
 and 63 FR 53844, 10/7/98.                45 CSR 25, Sec.   45-25-1.5.a
                                          (Table 25-A, Item 10).
------------------------------------------------------------------------
\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, typically promulgated between July 1 and June 30 of the
  following year.

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

    The West Virginia hazardous waste program contains certain 
provisions which are beyond the scope of the Federal program. These 
broader in scope provisions are not part of the program being 
authorized by today's action. EPA cannot enforce requirements which are 
broader in scope, although compliance with such provisions is required 
by West Virginia law. Examples of broader in scope provisions of West 
Virginia's program include, but are not limited to, the following:
    1. At HWMR Sec.  33-20-2.4.c, West Virginia provides for the 
acceptance of an EPA determination granting a petition to exclude 
hazardous waste, provided that certain conditions are met. If such 
conditions are not met, and West Virginia does not accept EPA's 
delisting of the hazardous waste, the waste would still be considered a 
hazardous waste under West Virginia's regulations, even though such 
waste would not be considered a hazardous waste by EPA. In this 
respect, West Virginia's program would be beyond the scope of the 
Federal program.
    2. At HWMR Sec.  33-20-2.4.b West Virginia regulations require a 
petitioner for a delisting to pay an initial non-refundable application 
fee of $1000 and allow the Director to recover all reasonable costs 
attributable to the review and investigation of such petition in excess 
of the initial fee. Since the Federal program does not require 
application fees to be submitted with a delisting petition, the 
collection of such fees is beyond the scope of the Federal program.

I. Who Handles Permits After This Authorization Takes Effect?

    After authorization, West 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 West Virginia occurs and EPA terminates its 
permit, EPA and West 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 West Virginia is not yet authorized.

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

    West Virginia is not seeking authorization to protect the program 
on Indian lands, since there are no Federally-recognized Indian Lands 
in West Virginia.

K. What Is Codification and Is EPA Codifying West 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

[[Page 59546]]

XX, for this authorization of West Virginia's program changes until a 
later date.

L. 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 rules 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 12132 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 is 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 
December 15, 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: October 7, 2003.
Donald S. Welsh,
Regional Administrator, EPA Region III.
[FR Doc. 03-26047 Filed 10-15-03; 8:45 am]
BILLING CODE 6560-50-M