[Federal Register Volume 76, Number 121 (Thursday, June 23, 2011)]
[Rules and Regulations]
[Pages 36879-36883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-15751]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-9323-4]


Minnesota: Final Authorization of State Hazardous Waste 
Management Program Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is granting Minnesota final authorization of the changes 
to its hazardous waste program under the Resource Conservation and 
Recovery Act (RCRA). The agency published a proposed rule on January 
14, 2011 and provided for public comment. The public comment period 
ended on February 14, 2011. We received no comments. No further 
opportunity for comment will be provided. EPA has determined that these 
changes satisfy all requirements needed to qualify for final 
authorization. We now make a final decision to authorize Minnesota's 
changes through this final action.

DATES: The final authorization will be effective on June 23, 2011.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R05-RCRA-2010-0738. All documents in the docket 
are listed in the http://www.regulations.gov index. Although listed in 
the index, some of the information is not publicly available, e.g., CBI 
or other information whose disclosure is restricted by statute. Certain 
other material, such as copyrighted material, will be publicly 
available only in hard copy.
    Publicly available docket materials are available either 
electronically at http://www.regulations.gov or in hard copy. You may 
view and copy Minnesota's application from 9:00 a.m. to 4:00 p.m. at 
the following addresses: U.S. EPA Region 5, LR-8J, 77 West Jackson 
Boulevard, Chicago, Illinois, contact: Gary Westefer (312) 886-7450; or 
Minnesota Pollution Control Agency, 520 Lafayette Road, North, St. 
Paul, Minnesota 55515, contact: Nathan Cooley (651) 757-2290.

FOR FURTHER INFORMATION CONTACT: Gary Westefer, Minnesota Regulatory 
Specialist, U.S. EPA Region 5, LR-8J, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 886-7450, e-mail [email protected].

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 
change their programs and request 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

[[Page 36880]]

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 have we made in this rule?

    We conclude that Minnesota's application to revise its authorized 
program meets all of the statutory and regulatory requirements 
established by RCRA. Therefore, we propose to grant Minnesota final 
authorization to operate its hazardous waste program with the changes 
described in the authorization application. Minnesota has 
responsibility for permitting treatment, storage, and disposal 
facilities (TSDFs) within its borders (except in Indian Country) and 
for carrying out the aspects of the RCRA program described in its 
revised program application, subject to the limitations of the 
Hazardous and Solid Waste Amendments of 1984 (HSWA). New Federal 
requirements and prohibitions imposed by Federal regulations that EPA 
promulgates under the authority of HSWA take effect in authorized 
States before they are authorized for the requirements. Thus, EPA will 
implement those requirements and prohibitions in Minnesota, including 
issuing permits, until the State is granted authorization to do so.

C. What is the effect of this authorization decision?

    The effect of this decision, once finalized, is that a facility in 
Minnesota subject to RCRA would have to comply with the authorized 
State requirements instead of the equivalent Federal requirements in 
order to comply with RCRA. Minnesota has enforcement responsibilities 
under its State hazardous waste program for RCRA violations, but EPA 
retains its authority under RCRA sections 3007, 3008, 3013, and 7003, 
which include, among others, authority to:
    1. Do inspections, and require monitoring, tests, analyses or 
reports; and
    2. Enforce RCRA requirements and suspend or revoke permits.
    This action will not impose additional requirements on the 
regulated community because the regulations for which Minnesota is 
being authorized are already effective, and will not be changed by 
EPA's final action.

D. Proposed Rule

    On January 14, 2011 (76 FR 2618), EPA published a proposed rule. In 
that rule we proposed granting authorization of changes to Minnesota's 
hazardous waste program and opened our decision to public comment. The 
agency received no comments on this proposal. EPA found Minnesota's 
RCRA program to be satisfactory.

E. What has Minnesota previously been authorized for?

    Minnesota initially received Final (base) authorization on January 
28, 1985, effective February 11, 1985 (50 FR 3756) to implement the 
RCRA hazardous waste management program. We granted authorization for 
changes to Minnesota's program on July 20, 1987 (52 FR 27199), 
effective September 18, 1987; on April 24, 1989 (54 FR 16361), 
effective June 23, 1989, amended June 28, 1989 (54 FR 27169); on June 
15, 1990 (55 FR 24232), effective August 14, 1990; on June 24, 1991 (56 
FR 28709), effective August 23, 1991; on March 19, 1992 (57 FR 9501), 
effective May 18, 1992; on March 17, 1993 (58 FR 14321), effective May 
17, 1993; on January 20, 1994 (59 FR 2998), effective March 21, 1994; 
and on May 25, 2000, (65 FR 33774) effective August 23, 2000. Minnesota 
also received authorization for the U.S. Filter Recovery Services 
Project XL on May 22, 2001, effective May 22, 2001 (66 FR 28085), and 
for the Joint Powers Agreement with Hennepin County on October 23, 2008 
(73 FR 63074), effective October 23, 2008.

F. What changes are we authorizing with today's action?

    On June 2, 2010, Minnesota submitted a final complete program 
revision application, seeking authorization of their changes in 
accordance with 40 CFR 271.21. We now make a final decision, that 
Minnesota's hazardous waste program revision satisfies all of the 
requirements necessary to qualify for final authorization. Therefore, 
we are granting Minnesota final authorization for the following program 
changes (a table with the complete state analogues is provided in the 
January 14, 2011 proposed rule):

Land Disposal Restrictions for Electric Arc Furnace Dust (K061), 
Checklist 95, August 19, 1991 (56 FR 41164)
Liners and Leak Detection Systems for Hazardous Waste Land Disposal 
Units, Checklist 100, January 29, 1992 (57 FR 3462)
Hazardous Waste Management System; Identification and Listing of 
Hazardous Waste; Toxicity Characteristic; Corrections, Checklist 108, 
July 10, 1992 (57 FR 30657)
Land Disposal Restrictions for Newly Listed Wastes and Hazardous 
Debris, Checklist 109, August 18, 1992 (57 FR 37194)
Identification and Listing of Hazardous Waste; CERCLA Hazardous 
Designation; Reportable Quantity Adjustment; Coke By-Product Wastes, 
Checklist 110, August 18, 1992 (57 FR 37284)
Consolidated Liability Requirements: Financial Responsibility for Third 
Party Liability, Closure and Post-Closure, Checklist 113, September 16, 
1992 (57 FR 42832)
Standards Applicable to Owners and Operators of Hazardous Waste 
Treatment, Storage, and Disposal Facilities; Liability Coverage, 
Checklist 113.1, September 1, 1988 (53 FR 33938)
Liability Requirements; Technical Amendment, Checklist 113.2, July 1, 
1991 (56 FR 30200)
Hazardous Waste Management System; Identification and Listing of 
Hazardous Waste and CERCLA Hazardous Designation; Reportable Quantity 
Adjustment; Chlorinated Toluenes Production Wastes, Checklist 115, 
October 15, 1992 (57 FR 47376)
Hazardous Waste Management System; Land Disposal Restrictions; Case-By-
Case Capacity Variance, Checklist 116, October 20, 1992 (57 FR 47772)
Hazardous Waste Management System; Definition of Hazardous Waste; 
Mixture and Derived-From Rules, Checklist 117B, June 1, 1992 (57 FR 
23062)
Hazardous Waste Management; Liquids in Landfills II, Checklist 118, 
November 18, 1992 (57 FR 54452)
Corrective Action Management Units and Temporary Units; Corrective 
Action Units Under Subtitle C, Checklist 121, February 16, 1993 (58 FR 
8658)
Land Disposal Restrictions; Renewal of the Hazardous Waste Debris Case-
By-Case Capacity Variance, Checklist 123, May 14, 1993 (58 FR 28506)
Land Disposal Restrictions for Ignitable and Corrosive Characteristic 
Wastes Whose Treatment Standards Were Vacated, Checklist 124, May 24, 
1993 (58 FR 29860)
Hazardous Waste Management System; Testing and Monitoring Activities, 
Checklist 126, August 31, 1993 (58 FR 46040), as amended, Checklist 
126.1, September 19, 1994 (59 FR 47980)
Hazardous Waste Management System; Identification and Listing of 
Hazardous Waste; Wastes From Wood Surface Protection, Checklist 128, 
January 4, 1994 (59 FR 458). Recordkeeping Instructions; Technical 
Amendment, Checklist 131, March 24, 1994 (59 FR 13891)
Hazardous Waste Management System; Identification and Listing of 
Hazardous Waste; Wastes from Wood Surface Protection; Correction,

[[Page 36881]]

Checklist 132, June 2, 1994 (59 FR 28484)
Hazardous Waste Management System; Correction of Listing of P015--
Beryllium Powder, Checklist 134, June 20, 1994 (59 FR 31551)
Standards for the Management of Specific Hazardous Wastes; Amendment to 
Subpart C-Recyclable Materials Used in a Manner Constituting Disposal; 
Final Rule, Checklist 136, August 24, 1994 (59 FR 43496)
Land Disposal Restrictions Phase II--Universal Treatment Standards, and 
Treatment Standards for Organic Toxicity Characteristic Wastes and 
Newly Listed Wastes, Checklist 137, September 19, 1994 (59 FR 47982), 
as amended, Checklist 137.1, January 3, 1995 (60 FR 242)
Universal Waste Rule: General Provisions, Checklist 142A; Specific 
Provisions for Batteries, Checklist 142B; Specific Provisions for 
Pesticides, Checklist 142C; Specific Provisions for Thermostats, 
Checklist 142D; Provisions for Petitions to Add a New Universal Waste, 
Checklist 142E, May 11, 1995 (60 FR 25492)
Land Disposal Restrictions Phase III--Decharacterized Wastewaters, 
Carbamate Wastes, and Spent Potliners, Checklist 151, April 8, 1996 (61 
FR 15566), as amended, Checklist 151.1, April 8, 1996 (61 FR 15566), as 
amended, Checklist 151.2, April 30, 1996 (61 FR 19117), as amended, 
Checklist 151.3, June 28, 1996 (61 FR 33680), as amended, Checklist 
151.4, July 10, 1996 (61 FR 36419), as amended, Checklist 151.5, August 
26, 1996 (61 FR 43924) as amended, Checklist 151.6, February 19, 1997 
(62 FR 7502)
Imports and Exports of Hazardous Waste: Implementation of OECD Council 
Decision C(92)39 Concerning the Control of Transfrontier Movements of 
Wastes Destined for Recovery Operations, Checklist 152, April 12, 1996 
(61 FR 16290)
Criteria for Classification of Solid Waste Disposal Facilities and 
Practices; Identification and Listing of Hazardous Waste; Requirements 
for Authorization of State Hazardous Waste Programs, Checklist 153, 
July 1, 1996 (61 FR 34252)
Hazardous Waste Treatment, Storage and Disposal Facilities and 
Hazardous Waste Generators; Organic Air Emissions Standards for Tanks, 
Surface Impoundments, and Containers, Checklist 154, November 25, 1996 
(61 FR 59931), as amended, Checklist 154.1, December 6, 1994 (59 FR 
62896), as amended, Checklist 154.2, May 19, 1995 (60 FR 26828) as 
amended, Checklist 154.3, September 29, 1995 (60 FR 50426), as amended, 
Checklist 154.4, November 13, 1995 (60 FR 56952), as amended, Checklist 
154.5, February 9, 1996 (61 FR 4903) as amended, Checklist 154.6, June 
5, 1996 (61 FR 28508)
Land Disposal Restrictions Phase III--Emergency Extension of the K088 
Capacity Variance, Checklist 155, January 14, 1997 (62 FR 1992)
Land Disposal Restrictions Phase IV--Treatment Standards for Wood 
Preserving Wastes, Paperwork Reduction and Streamlining, Exemptions 
From RCRA for Certain Processed Materials; and Miscellaneous Hazardous 
Waste Provisions, Checklist 157, May 12, 1997 (62 FR 25998)
Hazardous Waste Management System; Carbamate Production, Identification 
and Listing of Hazardous Waste; Land Disposal Restrictions, Checklist 
159, June 17, 1997 (62 FR 32974)
Land Disposal Restrictions Phase III--Emergency Extension of the K088 
National Capacity Variance, Amendment, Checklist 160, July 14, 1997 (62 
FR 37694)
Second Emergency Revision of the Land Disposal Restrictions (LDR) 
Treatment Standards for Listed Hazardous Wastes From Carbamate 
Production, Checklist 161, August 28, 1997 (62 FR 45568)
Classification of Standards for Hazardous Waste Land Disposal 
Restriction Treatment Variances, Checklist 162, December 5, 1997 (62 FR 
64504)
Hazardous Waste Treatment, Storage and Disposal Facilities and 
Hazardous Waste Generators; Organic Air Emissions Standards for Tanks, 
Surface Impoundments, and Containers; Clarification and Technical 
Amendment, Checklist 163, December 8, 1997 (62 FR 64636)
Land Disposal Restrictions Phase IV; Treatment Standards for Metal 
Wastes and Mineral Processing Wastes, Checklist 167A, May 26, 1998 (63 
FR 28556)
Land Disposal Restrictions Phase IV; Hazardous Soils Treatment 
Standards and Exclusions, Checklist 167B, May 26, 1998 (63 FR 28556)
Land Disposal Restrictions Phase IV; Corrections, Checklist 167C, May 
26, 1998 (63 FR 28556), as amended Checklist 167C.1, June 8, 1998 (63 
FR 31266)
Minerals Processing Secondary Materials Exclusion, Checklist 167D, May 
26, 1998 (63 FR 28556)
Bevill Exclusion Revisions and Clarification, Checklist 167E, May 26, 
1998 (63 FR 28556)
Exclusion of Recycled Wood Preserving Wastewaters, Checklist 167F, May 
26, 1998 (63 FR 28556)
Hazardous Waste Combustors; Revised Standards; Final Rule-Part 1-RCRA 
Comparable Fuel Exclusion; Permit Modifications for Hazardous Waste 
Combustion Units; Notification of Intent to Comply; Waste Minimization 
and Pollution Prevention Criteria for Compliance Extensions, Checklist 
168, June 19, 1998 (63 FR 33782)
Hazardous Waste Management System; Identification and Listing of 
Hazardous Waste; Petroleum Refining Process Wastes; Land Disposal 
Restrictions for Newly Identified Wastes; and CERCLA Hazardous 
Substance Designation and Reportable Quantities, Checklist 169, August 
6, 1998 (63 FR 42110)
Hazardous Waste Recycling; Land Disposal Restrictions Phase IV Zinc 
Micronutrient Fertilizers, Administrative Stay, Checklist 170, August 
31, 1998 (63 FR 46332)
Emergency Revisions of the Land Disposal Restrictions (LDR) Treatment 
Standards for Listed Hazardous Wastes From Carbamate Production, 
Checklist 171, September 4, 1998 (63 FR 47409)
Characteristic Slags Generated From Thermal Recovery of Lead by 
Secondary Lead Smelters; Land Disposal Restrictions; Final Rule; 
Extension of Compliance Date, Checklist 172, September 9, 1998 (63 FR 
48124)
Land Disposal Restrictions (LDR) Treatment Standards for Spent 
Potliners from Primary Aluminum Reduction (K088), Checklist 173, 
September 24, 1998 (63 FR 51254)
Standards Applicable to Owners and Operators of Closed and Closing 
Hazardous Waste Management Facilities: Post-Closure Permit Requirement 
and Closure Process; Final rule, Checklist 174, October 22, 1998 (63 FR 
56710)
Hazardous Remediation Waste Management Requirements (HWIR-Media), 
Checklist 175, November 30, 1998 (63 FR 65874)
Universal Waste Rule--Technical Amendments, Checklist 176, December 24, 
1998 (63 FR 71225)
Hazardous Waste Treatment, Storage and Disposal Facilities and 
Hazardous Waste Generators; Organic Air Emissions Standards for Tanks, 
Surface Impoundments, and Containers, Checklist 177, January 21, 1999 
(64 FR 3381)
Land Disposal Restrictions Phase IV: Treatment Standards for Wood 
Preserving Wastes, Treatment Standards for Metal Wastes, Zinc

[[Page 36882]]

Micronutrient Fertilizers, Carbamate Treatment Standards, and K088 
Treatment Standards, Checklist 179, May 11, 1999 (64 FR 25408)
Hazardous Waste Management System; Modification of the Hazardous Waste 
Program; Hazardous Waste Lamps; Final Rule, Checklist 181, July 6, 1999 
(64 FR 36466)
Land Disposal Restrictions Phase IV: Final Rule Promulgating Treatment 
Standards for Metal Wastes, and Mineral Processing Wastes; Mineral 
Processing Secondary Materials and Bevill Exclusion Issues; Treatment 
Standards for Hazardous Soils, and Exclusion of Recycled Wood 
Preserving Wastewaters, Checklist 183, October 20, 1999 (64 FR 56469)
Organobromine Production Wastes; Identification and Listing of 
Hazardous Waste; Land Disposal Restrictions; Listing of CERCLA 
Hazardous Substances, Reportable Quantities, Checklist 185, March 17, 
2000 (65 FR 14472)
Organobromine Production Wastes; Petroleum Refining Wastes; Land 
Disposal Restrictions, Checklist 187, June 8, 2000 (65 FR 36365)
Hazardous Waste Management System; Identification and Listing of 
Hazardous Waste; Chlorinated Aliphatics Production Wastes; and CERCLA 
Hazardous Substance Designation and Reportable Quantities, Checklist 
189, November 8, 2000 (65 FR 67068)
Deferral of Phase IV Standards for PCBs as a Constituent Subject to 
Treatment in Soil, Checklist 190, December 26, 2000 (65 FR 81373)
Hazardous Waste Identification Rule (HWIR); Revisions to the Mixture 
and Derived From Rules, Checklist 192A, May 16, 2001 (66 FR 27266)
Hazardous Waste Identification Rule (HWIR); Land Disposal Restrictions 
Correction, Checklist 192B, May 16, 2001 (66 FR 27266)
Corrections to the Hazardous Waste Identification Rule (HWIR); 
Revisions to the Mixture and Derived From Rules (Revision II), 
Checklist 194, October 3, 2001 (66 FR 50332)
Amendments to the Corrective Action Management Unit Rule, Checklist 
196, January 22, 2002 (67 FR 2962)
Hazardous Waste Management System; Definition of Solid Waste; Toxicity 
Characteristic; Vacatur of Mineral Processing Spent Materials Being 
Reclaimed as Solid Wastes and TCLP Use with MGP Waste, Checklist 199, 
March 13, 2002 (67 FR 11251)
Land Disposal Restrictions; National Treatment Variance to Designate 
New Treatment Subcategories for Radioactively Contaminated Cadmium-, 
Mercury-, and Silver- Containing Batteries, Checklist 201, October 7, 
2002 (67 FR 62618)
Hazardous Waste Management System; Identification and Listing of 
Hazardous Waste; Amendment to Hazardous Waste Code F019, Checklist 218, 
June 4, 2008 (73 FR 31756)

G. Which revised state rules are different from the Federal rules?

    Minnesota has excluded the non-delegable Federal requirements at 40 
CFR 268.5, 268.6, 268.42(b), 268.44, and 270.3. EPA will continue to 
implement those requirements. In this action, Minnesota has chosen to 
remain more stringent in the Hazardous Remediation Waste Management 
Requirements (Checklist 175 above) by choosing not to adopt 40 CFR 
270.79 through 270.230 which allow for Remedial Action Plans (RAP). The 
RAP regulations are considered to be less stringent. Minnesota is more 
stringent in checklist 108, as it does not recognize the list of 
excluded processes, nor does it have provision to waive the double 
liner requirement in 40 CFR 265.301(d). In rule revision (Checklist) 
118, Minnesota does not allow any liquids in landfills even as provided 
for in 40 CFR 264.314. In rule revision (Checklist) 142, Minnesota does 
not contain a provision to add a Universal Waste under 40 CFR 273.80 or 
260.23.

H. Who handles permits after the authorization takes effect?

    Minnesota will issue permits for all the provisions for which it is 
authorized and will administer the permits it issues. EPA will continue 
to administer any RCRA hazardous waste permits or portions of permits 
which we issued prior to the effective date of this authorization until 
they expire or are terminated. We will not issue any more new permits 
or new portions of permits for the provisions listed in the Table above 
after the effective date of this authorization. EPA will continue to 
implement and issue permits for HSWA requirements for which Minnesota 
is not yet authorized.

I. How does today's action affect Indian Country (18 U.S.C. 1151) in 
Minnesota?

    Minnesota is not authorized to carry out its hazardous waste 
program in ``Indian Country,'' as defined in 18 U.S.C. 1151. Indian 
Country includes:
    1. All lands within the exterior boundaries of Indian Reservations 
within or abutting the State of Minnesota, including:
    a. Bois Forte Indian Reservation.
    b. Fond Du Lac Indian Reservation.
    c. Grand Portage Indian Reservation.
    d. Leech Lake Indian Reservation.
    e. Lower Sioux Indian Reservation.
    f. Mille Lacs Indian Reservation.
    g. Prairie Island Indian Reservation.
    h. Red Lake Indian Reservation.
    i. Shakopee Mdewankanton Indian Reservation.
    j. Upper Sioux Indian Reservation.
    k. White Earth Indian Reservation.
    2. Any land held in trust by the U.S. for an Indian tribe; and
    3. Any other land, whether on or off an Indian reservation that 
qualifies as Indian Country.
    Therefore, EPA retains the authority to implement and administer 
the RCRA program in Indian Country.

J. What is codification and is EPA codifying Minnesota'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. Minnesota's rules, up to 
and including those revised June 7, 1991, as corrected August 19, 1991, 
have previously been codified through incorporation by reference 
effective February 4, 1992 (57 FR 4162) .

K. Statutory and Executive Order Reviews

    This proposed 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 18266: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulations and Regulatory Review

    The Office of Management and Budget has exempted this rule from its 
review under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 
Executive Order 13563 (76 FR 3821 January 21, 2011).

2. Paperwork Reduction Act

    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.).

3. Regulatory Flexibility Act

    This rule authorizes State requirements for the purpose of RCRA 
3006 and imposes no additional

[[Page 36883]]

requirements beyond those required by State law. Accordingly, I certify 
that this rule 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.).

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 of 1995 (Pub. L. 104-4).

5. Executive Order 13132: Federalism

    Executive Order 13132 (64 FR 43255, August 10, 1999) 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

    Executive Order 13175 (65 FR 67249, November 9, 2000) does not 
apply to this rule because it will not have tribal implications (i.e., 
substantial direct effects on one or more Indian tribes, or 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 Executive Order 13045 (62 FR 19885, 
April 23, 1997), because it is not economically significant as defined 
in Executive Order 12866 and because the EPA does not have reason to 
believe the environmental health or safety risks addressed by this 
action present a disproportionate risk to children.

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

    This rule is not subject to Executive Order 13211 (66 FR 28355, May 
22, 2001), because it is not a significant regulatory action as defined 
in Executive Order 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 
requirements of RCRA. Thus, the requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) do not apply to this rule.

10. Executive Order 12988

    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.

11. Executive Order 12630: Evaluation of Risk and Avoidance of 
Unanticipated Takings

    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.

12. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low Income Populations

    Because this rule proposes authorization of pre-existing State 
rules and imposes no additional requirements beyond those imposed by 
State law and there are no anticipated significant adverse human health 
or environmental effects, the rule is not subject to Executive Order 
12898 (59 FR 7629, February 16, 1994).

13. 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).

List of Subjects in 40 CFR Part 271

    Environmental protection, Administrative practice and procedure, 
Confidential business information, Hazardous materials transportation, 
Hazardous waste, Indian lands, Intergovernmental relations, Penalties, 
Reporting and recordkeeping requirements.

    Authority: This action is issued under the authority of sections 
2002(a), 3006 and 7004(b) of the Solid Waste Disposal Act as 
amended, 42 U.S.C. 6912(a), 6926, 6974(b).

    Dated: June 6, 2011.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2011-15751 Filed 6-22-11; 8:45 am]
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