[Federal Register Volume 74, Number 81 (Wednesday, April 29, 2009)]
[Rules and Regulations]
[Pages 19453-19458]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-9792]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R03-RCRA-2009-0916; FRL-8898-7]


Pennsylvania: Final Authorization of State Hazardous Waste 
Management Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate final rule.

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

SUMMARY: Pennsylvania has applied to EPA for final authorization of 
revisions to its hazardous waste program under the Resource 
Conservation and Recovery Act (RCRA). EPA has determined that these 
revisions satisfy all requirements needed to qualify for final 
authorization and is authorizing Pennsylvania's revisions through this 
immediate final action. EPA is publishing this rule to authorize the 
revisions 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 that oppose this authorization during the 
comment period, the decision to authorize Pennsylvania's revisions 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 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 revisions 
to Pennsylvania's program that were the subject of adverse comments. 
Today's document also corrects errors made in the authorization history 
that was published in the January 20, 2004 Federal Register 
authorization document for Pennsylvania.

DATES: This final authorization will become effective on June 29, 2009, 
unless EPA receives adverse written comments by May 29, 2009. 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: Submit your comments, identified by Docket ID No. EPA-R03-
RCRA-2009-0916, by one of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the on-line instructions for submitting comments.
    2. E-mail: [email protected]
    3. Mail: Charles Bentley, Mailcode 3LC50, Office of State Programs, 
U.S. EPA Region III, 1650 Arch Street, Philadelphia, PA 19103-2029.
    4. Hand Delivery: At the previously listed EPA Region III address. 
Such deliveries are only accepted during normal hours of operation, and 
special arrangements should be made for deliveries of boxed 
information.
    You may inspect and copy Pennsylvania's application from 8 a.m. to 
4:00 p.m., Monday through Friday at the following locations: 
Pennsylvania Department of Environmental Protection, Environmental 
Education and Information Center, 1st Floor, Rachel Carson State Office 
Building, 400 Market St., Harrisburg, PA 17105, Phone number (717) 772-
1828; Pennsylvania Department of Environmental Protection, Southwest 
Regional Office, 400 Waterfront Drive, Pittsburgh, PA 15222, Phone 
number: (412) 442-4097; and EPA Region III, Library, 2nd Floor, 1650 
Arch Street, Philadelphia, PA 19103, Phone number: (215) 814-5254. 
Persons with a disability may use the AT&T Relay Service to contact 
Pennsylvania Department of Environmental Protection by calling (800) 
654-5984 (TDD users), or (800) 654-5988 (voice users).
    Instructions: Direct your comments to Docket ID No. EPA-R03-RCRA-
2009-0916. EPA's policy is that all comments received will be included 
in the public file without change and may be made available on line at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The Federal http://www.regulations.gov 
Web site is an ``anonymous access'' system which means that EPA will 
not know your identity or contact information unless you provide it in 
the body of your comment. If you send an e-mail

[[Page 19454]]

comment directly to EPA without going through http://www.regulations.gov, your e-mail address will be automatically captured 
and included as part of the comment that is placed in the public file 
and made available on the Internet. If you submit an electronic 
comment, EPA recommends that you include your name and other contact 
information in the body of your comment and with any disk or CD-ROM you 
submit. If EPA cannot read your comment due to technical difficulties 
and cannot contact you for clarification, EPA may not be able to 
consider your comment. Electronic files should avoid the use of special 
characters and any form of encryption, and be free of any defects or 
viruses.

FOR FURTHER INFORMATION CONTACT: Charles Bentley, Mailcode 3LC50, 
Office of State Programs, U.S. EPA Region III, 1650 Arch Street, 
Philadelphia, PA 19103-2029, Phone number: (215) 814-3379.

SUPPLEMENTARY INFORMATION:

I. Corrections to January 20, 2004 (69 FR 2674) Authorization Document

    The January 20, 2004 authorization document for Pennsylvania (69 FR 
2674, column 2) contains an erroneous paragraph at Section F. The 
existing paragraph should be replaced with the following language:
    ``Initially, Pennsylvania received final authorization to implement 
its hazardous waste management program effective January 30, 1986 (51 
FR 1791). EPA granted authorization for changes to Pennsylvania's 
regulatory program on September 26, 2000, effective November 27, 2000 
(65 FR 57734). ''

II. Authorization of Revisions to Pennsylvania's Hazardous Waste 
Program

A. Why Are Revisions to State Programs Necessary

    States that 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. Authorization of revisions to State programs 
may be necessary when Federal or State statutory or regulatory 
authority is modified or when certain other revisions occur. Most 
commonly, States must revise their programs because of revisions to 
EPA's regulations in 40 Code of Federal Regulations (CFR) parts 124, 
260 through 268, 270, 273 and 279.

B. What Decisions Have We Made in This Rule

    EPA concludes that Pennsylvania's application to revise its 
authorized program meets all of the statutory and regulatory 
requirements established by RCRA. Therefore, we grant Pennsylvania 
final authorization to operate its hazardous waste program with 
revisions described in its application for program revisions, subject 
to the procedures described in section E, below. Pennsylvania 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 Pennsylvania has not been authorized, including 
issuing HSWA permits, until the State is granted authorization to do 
so.

C. What Is the Effect of This Authorization Decision

    This decision serves to authorize revisions to Pennsylvania's 
authorized hazardous waste program. This action does not impose 
additional requirements on the regulated community because the 
regulations for which Pennsylvania is being authorized by today's 
action are already effective and are not changed by today's action. 
Pennsylvania 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:
     Perform inspections, and require monitoring, tests, 
analyses or reports;
     Enforce RCRA requirements and suspend or revoke permits; 
and
     Take enforcement actions regardless of whether 
Pennsylvania has taken its own actions.

D. Why Wasn't There a Proposed Rule Before This 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 Pennsylvania's program revisions. If EPA receives comments 
that oppose this authorization, or portions thereof, that document will 
serve as a proposal to authorize the revisions to Pennsylvania'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, by 
publishing a document in the Federal Register before the rule would 
become effective. EPA will base any further decision on the 
authorization of Pennsylvania's program revisions 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 revision to the Commonwealth's hazardous waste program, we 
will withdraw that part of this rule, but the authorization of the 
program revisions 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 Pennsylvania Previously Been Authorized for

    Initially, Pennsylvania received final authorization to implement 
its hazardous waste management program effective January 30, 1986 (51 
FR 1791). EPA granted authorization for revisions to Pennsylvania's 
regulatory program on September 26, 2000, effective November 27, 2000 
(65 FR 57734); and on January 20, 2004, effective March 22, 2004 (69 FR 
2674).

G. What Revisions Are We Authorizing With This Action

    On May 31, 2007, Pennsylvania submitted an initial program revision 
application, seeking authorization of additional revisions to its 
program in accordance with 40 CFR 271.21. Subsequently, on January 2, 
2009, the Commonwealth submitted a revised program revision 
application. Pennsylvania's revision application includes various 
regulations that are equivalent to, and no less stringent than, 
revisions to the Federal hazardous waste program, as published in the 
Federal

[[Page 19455]]

Register on September 30, 1999, November 19, 1999, July 10, 2000, May 
14, 2001 and from June 29, 2001 through October 12, 2005, 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 Pennsylvania's hazardous waste program 
revision satisfies all of the requirements necessary to qualify for 
final authorization. Therefore, EPA grants Pennsylvania's final 
authorization for the following program revisions:
1. Program Revision Changes for Federal Rules
    Pennsylvania seeks authority to administer the Federal requirements 
that are listed in Table 1. This Table lists the Commonwealth analogs 
that are being recognized as no less stringent than the analogous 
Federal requirements.\1\ Unless otherwise stated, the Commonwealth's 
regulatory references are to Title 25, Pennsylvania Code (25 Pa. Code), 
Chapters 260a through 266a, 266b, 268a, and 270a, effective May 1, 
1999, as amended December 14, 2002. Pennsylvania's authority to 
incorporate subsequent changes to the Federal program is found at Pa. 
Code Section 260a.3(e). The Commonwealth's statutory authority has not 
changed since August 10, 2000. For additional information on the 
Commonwealth's statutory authority please consult the Commonwealth's 
authorization revision Federal Register document (65 FR 57734) 
published on September 26, 2000.
---------------------------------------------------------------------------

    \1\ \\ In its revision application Pennsylvania also sought 
authorization for the National Environmental Performance Track 
Program. On March 16, 2009, EPA announced its intention to halt and 
review the National Performance Track Program. Therefore, EPA is not 
granting Pennsylvania final authorization for ``The National 
Environmental Performance Track Program (4/22/04, 69 FR21737; as 
amended 10/25/04, 69 FR 62217; Revision Checklist 204).''

       Table 1--Pennsylvania's Analogs to the Federal Requirements
------------------------------------------------------------------------
     Description of federal
requirement and Federal Register        Federal            Analogous
 reference (revision checklists       requirement        Pennsylvania
              \2\)                                         authority
------------------------------------------------------------------------
NESHAPS: Final Standards for      40 CFR 260.10       25 Pa. Code,
 Hazardous Air Pollutants for      ``dioxins and       Section
 Hazardous Waste Combustors        furans (D/F)'';     260a.3(e);
 (MACT Rule) (09/30/99, 64 FR      260.10 ``TEQ'';     Incorporated by
 52828; as amended 11/19/99, 64    261.38/Table 1;     reference at 25
 FR 63209; Revision Checklist      264.340(b)-(e);     Pa. Code Sections
 182).                             264.601             260a.1(a),
                                   introductory        261a.1,
                                   paragraph;          264a.1(a),
                                   265.340(b) & (c);   265a.1(a),
                                   266.100(b)-(h);     266a.20 (as
                                   266.101(c)          modified at
                                   introductory        266a.100),
                                   paragraph &         270a.1(a), and
                                   (c)(1);             270a.41(6).
                                   266.105(c) & (d);
                                   266.112(b)(1)
                                   introductory
                                   paragraph;
                                   266.112(b)(2)(i)
                                   and Note; 266,
                                   Appendix VIII;
                                   270.19
                                   introductory
                                   paragraph;
                                   270.19(e); 270.22
                                   introductory
                                   paragraph;
                                   270.42, Appendix
                                   I; 270.62
                                   introductory
                                   paragraph; and
                                   270.66
                                   introductory
                                   paragraph.
NESHAPS: Final Standards for      40 CFR              25 Pa. Code,
 Hazardous Air Pollutants for      261.38(c)(2)(iv);   Section
 Hazardous Waste Combustors (07/   264.340(b)(1) &     260a.3(e);
 10/00, 65 FR 42292; as amended    (3); and            Incorporated by
 05/14/01, 66 FR 24270 and 07/03/  270.42(j)(2).       reference at 25
 01, 66 FR 35087; Revision                             Pa. Code,
 Checklist 188).                                       Sections 261a.1,
                                                       264a.1(a), and
                                                       270a.1(a).
Mixture and Derived From Rules    40 CFR              25 Pa. Code,
 Revision II (10/3/01, 66 FR       261.3(a)(2)(iv);    Section
 50332; as amended 12/3/01, 66     and 261.3(g)(4).    260a.3(e);
 FR 60153; Revision Checklist                          Incorporated by
 194).                                                 reference at 25
                                                       Pa. Code, Section
                                                       261a.1.
Inorganic Chemical Manufacturing  40 CFR              25 Pa. Code,
 (11/20/01, 66 FR 58258; as        261.4(b)(15);       Section
 amended 04/09/02, 67 FR 17119;    261.32; 261,        260a.3(e);
 Revision Checklist 195).          Appendix VII;       Incorporated by
                                   268.36(a)-(c);      reference at 25
                                   and 268.40, Table.  Pa. Code,
                                                       Sections 261a.1
                                                       and 268a.1(a).
CAMU Amendments (01/22/02, 67 FR  40 CFR 260.10;      25 Pa. Code,
 2962; Revision Checklist 196).    264.550(a) & (b);   Section
                                   264.551(a)          260a.3(e);
                                   introductory        Incorporated by
                                   paragraph;          reference at 25
                                   265.552;            Pa. Code,
                                   264.554(a); and     Sections
                                   264.555.            260a.1(a) and
                                                       264a.1(a).
Hazardous Air Pollutant           40 CFR              25 Pa. Code,
 Standards for Combustors:         264.340(b)(1);      Section
 Interim Standards (02/13/02, 67   264.340(b)(4);      260a.3(e);
 FR 6792; Revision Checklist       265.340(b)(1);      Incorporated by
 197).                             265.340(b)(3);      reference at 25
                                   266.100(b)(2)(i)-   Pa. Code,
                                   (v); 270.19(e);     Sections
                                   270.22              264a.1(a),
                                   introductory        265a.1(a),
                                   paragraph; 270.62   266a.20 and
                                   introductory        270a.1(a).
                                   paragraph; 270.66
                                   introductory
                                   paragraph; and
                                   270.235.
Hazardous Air Pollutant           40 CFR 266.100(a);  25 Pa. Code,
 Standards for Combustors:         266.100(b)(1);      Section
 Corrections (02/14/02, 67 FR      266.100(d)(1)(i)    260a.3(e);
 6968; Revision Checklist 198).    (B);                Incorporated by
                                   266.100(d)(2);      reference at 25
                                   266.100(d)(3)       Pa. Code,
                                   introductory        Sections 266a.20
                                   paragraph;          (as modified at
                                   266.100(d)(3)(i)    266a.100) and
                                   introductory        270a.1(a).
                                   paragraph;
                                   266.100(d)(3)(i)
                                   (D); and
                                   270.42(j)(1).
Vacatur of Mineral Processing     40 CFR              25 Pa. Code,
 Spent Materials Being Reclaimed   261.2(c)(3);        Section
 as Solid Wastes and TCLP Use      261.4(a)(17); and   260a.3(e);
 with MGP Waste (03/13/02, 67 FR   261.24(a).          Incorporated by
 11251; Revision Checklist 199).                       reference at 25
                                                       Pa. Code, Section
                                                       261a.1.
Zinc Fertilizers Made from        40 CFR              25 Pa. Code,
 Recycled Hazardous Secondary      261.4(a)(20);       Section
 Materials (07/24/02, 67 FR        261.4(a)(21);       260a.3(e);
 48393; Revision Checklist 200).   266.20(b);          Incorporated by
                                   266.20(d); and      reference at 25
                                   268.40.             Pa. Code,
                                                       Sections 261a.1,
                                                       266a.20 and
                                                       268a.1(a).
National Treatment Variance for   40 CFR 268.40/      25 Pa. Code,
 Radioactively Contaminated        Table.              Section
 Batteries (10/0702, 67 FR                             260a.3(e);
 62618; Revision Checklist 201).                       Incorporated by
                                                       reference at 25
                                                       Pa. Code, Section
                                                       268a.1(a).

[[Page 19456]]

 
NESHAP: Standards for Hazardous   40 CFR 270.19(e);   25 Pa. Code,
 Air Pollutants for Hazardous      270.22              Section
 Waste Combustors--Corrections     introductory        260a.3(e);
 (12/19/02, 67 FR 77687;           paragraph; 270.62   Incorporated by
 Revision Checklist 202).          introductory        reference at 25
                                   paragraph and       Pa. Code, Section
                                   270.66              270a.1(a).
                                   introductory
                                   paragraph.
NESHAP: Surface Coating of        40 CFR              25 Pa. Code,
 Automobiles and Light-Duty        264.1050(h); and    Section
 Trucks (04/26/04, 69 FR 22602;    265.1050(g).        260a.3(e);
 Revision Checklist 205).                              Incorporated by
                                                       reference at 25
                                                       Pa. Code,
                                                       Sections
                                                       264a.1(a) and
                                                       265a.1(a).
Nonwastewaters from Productions   40 CFR              25 Pa. Code,
 of Dyes, Pigments, and Food,      261.4(b)(15);       Section
 Drug, and Cosmetic Colorants      261.32(a);          260a.3(e);
 (02/24/05, 70 FR 9138, as         261.32, Table;      Incorporated by
 amended 06/16/05, 70 FR 35032;    261.32(b) through   reference at 25
 Revision Checklist 206).          (d); 261,           Pa. Code,
                                   Appendix VII;       Sections 261a.1
                                   261, Appendix       and 268a.1(a).
                                   VIII; 268.20;
                                   268.21 through
                                   268.29; 268.40
                                   Table; and
                                   268.48(a) Table.
Testing and Monitoring            40 CFR 260.11;      25 Pa. Code,
 Activities: Methods Innovation    260,21(d);          Section
 Rule and SW-846 Update IIIB (06/  260.22(d)(1)(i);    260a.3(e);
 14/05, 70 FR 34538; as amended    261.3(a)(2)(v)      Incorporated by
 08/01/05, 70 FR 44150; Revision   introductory        reference at 25
 Checklist 208).                   paragraph;          Pa. Code,
                                   261.21(a)(1);       Sections
                                   261.22(a)(1) &      260a.1(a),
                                   (a)(2);             261a.1,
                                   261.35(b)(2)(iii)   264a.1(a),
                                   (A) & (B);          265a.1(a),
                                   261.38(c)(7)        266a.20,
                                   introductory        268a.1(a) and
                                   paragraph; 261,     270a.1(a).
                                   Appendices I, II
                                   and III;
                                   264.190(a);
                                   264.314(c);
                                   264.1034(c)(1)(ii
                                   ), (c)(1)(iv),
                                   (d)(1)(iii) and
                                   (f);
                                   264.1063(d)(2);
                                   264, Appendix IX;
                                   265.190(a);
                                   265.314(d);
                                   265.1034(c)(1)(ii
                                   ), (c)(1)(iv),
                                   (d)(1)(iii) and
                                   (f);
                                   265.1063(d)(2);
                                   265.1081 ``Waste
                                   stabilization
                                   process'';
                                   265.1084(a)(3)(ii
                                   )(C),
                                   (a)(3)(iii),
                                   (b)(3)(ii)(C),
                                   (b)(3)(iii) and
                                   (c)(3)(i);
                                   266.100(d)(1)(ii)
                                   and (g)(2);
                                   266.102(b)(1);
                                   266.106(a);
                                   266.112(b)(1)
                                   introductory
                                   paragraph and
                                   (b)(2)(i); 266,
                                   Appendix IX;
                                   268.40(b); 268.40
                                   Table; 268.48
                                   Table; 268,
                                   Appendix IX;
                                   270.19(c)(1)(iii)
                                   and (iv);
                                   270.22(a)(2)(ii)(
                                   B);
                                   270.62(b)(2)(i)(C
                                   ), (b)(2)(i)(D),
                                   (c)(2)(i) and
                                   (c)(2)(ii).
Project XL Site-Specific          40 CFR              25 Pa. Code,
 Rulemaking for the Ortho-McNeil   261.4(b)(17).       Section
 Pharmaceutical, Inc. Facility                         260a.3(e);
 in Spring House, PA Involving                         Incorporated by
 On-Site Treatment of Mixed                            reference at 25
 Waste (06/27/05, 70 FR 36850).                        Pa. Code, Section
                                                       261a.1.
Revision of Wastewater Treatment  40 CFR              25 Pa. Code,
 Exemptions for Hazardous Waste    261.3(a)(2)(iv)(A   Section
 Mixtures (10/04/05, 70 FR         ), (a)(2)(iv)(B),   260a.3(e);
 57769; Revision Checklist 211).   (a)(2)(iv)(D),      Incorporated by
                                   (a)(2)(iv)(F) and   reference at 25
                                   (a)(2)(iv)(G).      Pa. Code, Section
                                                       261a.1.
National Emission Standards for   40 CFR 260.11(a)    25 Pa. Code,
 Hazardous Air Pollutants: Final   first sentence      Section
 Standards for Hazardous Air       and (c)(1);         260a.3(e);
 Pollutants for Hazardous Waste    264.340(b)(1)       Incorporated by
 Combustors (10/12/05, 70 FR       first sentence      reference at 25
 59401; Revision Checklist 212).   and (b)(5);         Pa. Code,
                                   265.340(b)(1)       Sections
                                   first sentence;     260a.1(a),
                                   266.100(b)(1)       264a.1(a),
                                   first sentence,     265a.1(a),
                                   (b)(3) and          266a.20 and
                                   (b)(4); 270.6;      270a.1(a).
                                   270.10(l);
                                   270.19(e) ;
                                   270.22
                                   introductory
                                   paragraph;
                                   270.24(d)(3);
                                   270.25(e)(3);
                                   270.32(b)(3);
                                   270.42(j)(1),
                                   (j)(2), (j)(3)
                                   and (k); 270.42
                                   Appendix I,
                                   Section L; 270.62
                                   introductory
                                   paragraph; 270.66
                                   introductory
                                   paragraph;
                                   270.235 section
                                   heading, (a)(1)
                                   introductory
                                   paragraph, (a)(2)
                                   introductory
                                   paragraph, (b)(1)
                                   introductory
                                   paragraph, (b)(2)
                                   and (c).
------------------------------------------------------------------------

    The Commonwealth is not seeking authorization for the following 
RCRA revisions that occurred between July 30, 2003 and October 12, 
2005, which address changes to the Federal recycled used oil, manifest, 
mercury-containing equipment and standardized permit regulations and 
the Project XL requirements for New York State Public Utilities.
---------------------------------------------------------------------------

    \2\A Revision Checklist is a document that addresses the 
specific revisions 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/osw/laws-regs/state/index.htm.

------------------------------------------------------------------------
          Federal requirement                 Regulatory explanation
------------------------------------------------------------------------
68 FR 44659, 07/30/03 (Revision          Hazardous Waste Management
 Checklist 203).                          System; Identification and
                                          Listing of Hazardous Waste;
                                          Recycled Used Oil Management
                                          Standards.

[[Page 19457]]

 
70 FR 10776, 03/04/05, as amended on     Modification of the Hazardous
 June 16, 2005 (70 FR 35034) (Revision    Waste Manifest System.
 Checklist 207).
70 FR 29909, 05/24/05..................  Project XL Rulemaking Extension
                                          for New York State Public
                                          Utilities
70 FR 45508, 08/05/05 (Revision          Mercury-Containing Equipment.
 Checklist 209).
70 FR 53419, 09/08/05 (Revision          Standardized Permit for RCRA
 Checklist 210).                          Hazardous Waste Management
                                          Facilities.
------------------------------------------------------------------------

2. Miscellaneous Changes
    In addition to adopting the Federal program revisions discussed in 
Section G.1, Pennsylvania has made various regulatory revisions to its 
authorized program. Pennsylvania is seeking authorization for these 
miscellaneous changes. These changes are categorized as follows: (a) 
Redesignations and Corrections of Typographical Errors; (b) 
Clarification of Ambiguous Requirements; (c) Changes to Manifest 
Requirements; and (d) New Provisions Added for Clarification. 
Regulatory citations annotated with an asterisk are deemed to be more 
stringent than the Federal program. A further discussion of 
Pennsylvania's miscellaneous regulatory changes is found in the 
following application document for Pennsylvania: ``Pennsylvania Third 
Supplemental Legal Statement for Final Authorization.''
(a) Redesignations and Corrections of Typographical Errors
    The Commonwealth provisions listed below were amended to correct 
typographical errors or were merely redesignated. All of these changes 
were made without affecting the stringency of the Commonwealth's 
currently authorized program. EPA has evaluated the changes described 
and has determined that they are consistent with and no less stringent 
than the corresponding Federal regulations.
    Title 25, Pennsylvania Code (25 Pa. Code), Sec. Sec.  261a.3(a), 
261a.5(b), 262a.12(b) introductory paragraph through 
262a.12(b)(1)(iv)*, 262a.21(a), 263a.20(a), 263a.20(b) introductory 
paragraph, 263.20(b)(1), 265a.13(1) introductory paragraph, 270a.42(b), 
270a.60(a) introductory paragraph, 270a.60(a)(2), 270a.60(b)(1)(iv)*, 
270a.60(b)(5), 270a.62, 270a.66 and 270a.81(b)(5).
(b) Clarification of Ambiguous Requirements
    The Commonwealth has amended the following provisions in order to 
clarify ambiguities identified through the implementation of the 
regulations. Some of these amendments remove more stringent 
requirements or leave previously more stringent provisions equivalent 
to the federal program.
    25 Pa. Code, Sec. Sec.  260a.10 ``Treatment'', 262a.50, 
264a.97(1)*, 264a.173(2)*, 265a.173(2)*, 265a.175 (Reserved), 
270a.42(c)*, 270a.60(a)(1)*, 270a.83(a)(4), 270a.51(a), 
270a.60(b)(2)(ii)*, 270a.60(b)(3)(ii)*, 270a.60(b)(4)(ii)* and 
270a.60(b)(5)(ii)*.
(c) Changes to the Commonwealth's Manifest Requirements
    The Commonwealth provisions listed below contain new and amended 
provisions that address the administration of the Pennsylvania 
hazardous waste manifest program. Some of these new provisions are 
additional requirements not found in the federal regulations and are 
therefore more stringent.
    25 Pa. Code, Sec. Sec.  262a.20 introductory paragraph, 262a.20(1), 
262a.21(b), 262a.23(a)(1), 262a.23(a)(2)*, 262a.23(a)(3), 
262a.23(a)(4), 263a.12(3)*, 263a.20(b)(2), 263a.20(b)(3), 263a.21(2), 
263a.21(3)*, 264a.71(1), 264a.71(3)*, 264a.71(4), 265a.71(1), 
265a.71(3)* and 265a.71(4).
(d) New Provisions Added for Clarification
    The following provisions are new provisions that the Commonwealth 
added to provide clarity on how the hazardous waste program operates or 
to provide guidance on proper compliance methods. Some of these new 
provisions increase the stringency of the hazardous waste program. 25 
Pa. Code, Sec. Sec.  261a.3(b)*, 262a.11, 262a.12(b)(1)(v)*, 262a.34*, 
262a.43 and 270a.51(b)-(d).

H. Where Are the Revised Pennsylvania Rules Different From the Federal 
Rules

1. Pennsylvania Requirements That Are Broader in Scope Than the Federal 
Program
    The Pennsylvania hazardous waste program contains certain 
provisions that are beyond the scope of the Federal program. The 
following provisions from the December 20, 2002 amendments to the 
Commonwealth's regulations are new and amended provisions that are 
broader in scope than the federal hazardous waste program.
    25 Pa. Code, Sec. Sec.  263a.12(1) & (2), 263a.13, 263a.24(b), 
263a.26(c), 270a.3, and 262a.12(b)(2).
    These broader in scope provisions are not part of the program being 
authorized by today's action. EPA cannot enforce requirements that are 
broader in scope, although compliance with such provisions is required 
by Pennsylvania law. A further discussion of Pennsylvania's broader in 
scope provisions is found in the following application document for 
Pennsylvania: ``Pennsylvania Third Supplemental Legal Statement for 
Final Authorization.''
2. Pennsylvania Requirements That Are More Stringent Than the Federal 
Program
    The Pennsylvania hazardous waste program contains some provisions 
that are more stringent than is required by the RCRA program as 
codified in the July 1, 2004 edition of title 40 of the Code of Federal 
Regulations (CFR), as amended through October 12, 2005. These more 
stringent provisions are being recognized as a part of the Federally 
authorized program. The specific more stringent provisions are noted in 
Section G.2.

I. Who Handles Permits After This Authorization Takes Effect?

    After authorization, Pennsylvania 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 that we issued prior to the effective 
date of this authorization. Until such time as formal transfer of EPA 
permit responsibility to Pennsylvania occurs and EPA terminates its 
permit, EPA and Pennsylvania agree to coordinate the administration of 
permits in order to maintain consistency. We will not issue any more 
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 
Pennsylvania is not yet authorized.

J. How Does This Action Affect Indian Country (18 U.S.C. 115) in 
Pennsylvania

    Pennsylvania is not seeking authorization to operate the program on

[[Page 19458]]

Indian lands, since there are no Federally recognized Indian lands in 
Pennsylvania.

K. What Is Codification and Is EPA Codifying Pennsylvania'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 NN, for this authorization of 
Pennsylvania's program revisions until a later date.

L. Administrative Requirements

    The Office of Management and Budget has exempted this action from 
the requirements of Executive Order 12866 (58 FR 51735, October 4, 
1993), and therefore this action is not subject to review by OMB. This 
action authorizes State requirements for the purpose of RCRA 3006 and 
imposes no additional requirements beyond those imposed by State law. 
Accordingly, I certify that this action will not have a significant 
economic impact on a substantial number of small entities under the 
Regulatory 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 (Pub. L. 104-4). For the same reason, this 
action would not significantly or uniquely affect the communities of 
Tribal governments, as specified by Executive Order 13175 (65 FR 67249, 
November 9, 2000). In any case, Executive Order 13175 does not apply to 
this rule since there are no Federally recognized tribes in the 
Commonwealth of Pennsylvania.
    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. This action 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 that may disproportionately affect 
children. 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.
    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. 3701, et seq.) 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 18, 1988) by 
examining the takings implications of the rule in accordance with the 
Attorney General's Supplemental Guidelines for the Evaluation of Risk 
and Avoidance of Unanticipated Takings issued under the executive 
order. This rule does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
et seq.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this document and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication in the Federal Register. A major rule cannot take effect 
until 60 days after it is published in the Federal Register. This 
action is not a ``major rule'' as defined by 5 U.S.C. 804(2); this 
action will be effective June 29, 2009.

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: April 9, 2009.
William C. Early,
Acting Regional Administrator, EPA Region III.
[FR Doc. E9-9792 Filed 4-28-09; 8:45 am]
BILLING CODE 6560-50-P