[Federal Register Volume 78, Number 251 (Tuesday, December 31, 2013)]
[Rules and Regulations]
[Pages 79615-79619]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-31121]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[EPA-R01-RCRA-2013-0554; FRL--9904-47-Region 1]
Vermont: Final Authorization of State Hazardous Waste Management
Program Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct Final Rule.
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SUMMARY: The State of Vermont has applied to the Environmental
Protection Agency (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 the State's changes through this direct final action.
DATES: This rule is effective on March 3, 2014 without further notice,
unless EPA receives adverse written comment by January 30, 2014. If EPA
receives adverse comment, we will publish a timely withdrawal in the
Federal Register informing the public that the rule will not take
effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
RCRA-2013-0554, by one of the following methods:
www.regulations.gov: Follow the on-line instructions for
submitting comments.
Email: [email protected]
Fax: (617) 918-0647, to the attention of Sharon Leitch.
Mail: Sharon Leitch, RCRA Waste Management and UST
Section, Office of Site Remediation and Restoration (OSRR07-1), US EPA
Region 1, 5 Post Office Square, Suite 100, Boston, MA 02109-3912.
Hand Delivery: Sharon Leitch, RCRA Waste Management and
UST Section, Office of Site Remediation and Restoration (OSRR07-1), US
EPA Region 1, 5 Post Office Square, 7th floor, Boston, MA 02109-3912.
Such deliveries are only accepted during normal hours of operation, and
special arrangements should be made for deliveries of boxed
information. Please contact Sharon Leitch at (617) 918-1647.
Instructions: Direct your comments to Docket ID No. EPA-R01-RCRA-
2013-0554. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
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 www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov your email
address will be automatically captured and included as part of the
comment that is placed in the public docket 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, any form of
encryption, and be free of any defects or viruses.
Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
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
form. Publicly available docket materials are available either
electronically through www.regulations.gov or in hard copy at the EPA
Region 1 Library, 5 Post Office Square, 1st floor, Boston, MA 02109-
3912; by appointment only; tel: (617) 918-1990.
FOR FURTHER INFORMATION CONTACT: Sharon Leitch, RCRA Waste Management
and UST Section, Office of Site Remediation and Restoration, (Mail
Code: OSRR07-1), EPA Region 1, 5 Post Office Square, Suite 100, Boston,
MA 02109-3912; telephone number: (617) 918-1647; fax number (617) 918-
0647; email address: [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 ask EPA to authorize the changes. Changes to
State programs may be necessary when Federal or State statutory or
regulatory authority is modified or when certain other changes occur.
Most commonly, States must change their programs because of changes to
EPA's regulations in Title 40 of the Code of Federal Regulations (CFR)
parts 124, 260 through 266, 268, 270, 273 and 279.
[[Page 79616]]
B. What decisions have we made in this Rule?
We have concluded that Vermont's application to revise its
authorized program meets all of the statutory and regulatory
requirements established by RCRA. Therefore, we grant Vermont Final
authorization to operate its hazardous waste program with the changes
described in the authorization application. Vermont has responsibility
for permitting treatment, storage, and disposal facilities (TSDFs)
within its borders and for carrying out the aspects of the RCRA program
covered by 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 any such requirements and prohibitions in Vermont, including
issuing permits, until the State is granted authorization to do so.
C. What is the effect of today's authorization decision?
The effect of this decision is that a facility in Vermont subject
to RCRA will now have to comply with the authorized State requirements
instead of the equivalent Federal requirements in order to comply with
RCRA. Vermont has enforcement responsibilities under its State
hazardous waste program for violations of such program, but EPA also
retains its full authority under RCRA sections 3007, 3008, 3013, and
7003, which includes, among others, authority to:
Perform inspections, and require monitoring, tests,
analyses or reports
Enforce RCRA requirements and suspend or revoke permits
Take enforcement actions
This action does not impose additional requirements on the
regulated community because the regulations for which Vermont is being
authorized by today's action are already effective under state law, and
are not changed by today's action.
D. Why wasn't there a Proposed Rule before today's Rule?
EPA did not publish a proposal before today's rule because we view
this as a routine program change and do not expect adverse 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 the State program changes.
E. What happens if the EPA receives comments that oppose this action?
If EPA receives comments that oppose this authorization, we will
withdraw this rule by publishing a document in the Federal Register
before the rule becomes effective. EPA will base any further decision
on the authorization of the State program changes on the proposal
mentioned in the previous paragraph. We will then address all public
comments in a later final rule based upon this proposed rule that also
appears in today's Federal Register. You may not have another
opportunity to comment. If you want to comment on this authorization,
you should do so at this time.
If we receive adverse comments that oppose only the authorization
of a particular change to the State 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 in this document. The Federal Register withdrawal
document will specify which part of the authorization will become
effective, and which part is being withdrawn.
F. What has Vermont previously been authorized for?
The State of Vermont initially received Final authorization on
January 7, 1985, with an effective date of January 21, 1985 (50 FR 775)
to implement the RCRA hazardous waste management program. The Region
published an immediate final rule for certain revisions to Vermont's
program on May 3, 1993 (58 FR 26242) and reopened the comment period
for these revisions on June 7, 1993 (58 FR 31911). This authorization
became effective August 6, 1993 (58 FR 31911). The Region granted
authorization for further revisions to Vermont's program on September
24, 1999 (64 FR 51702), effective November 23, 1999. On October 18,
1999 (64 FR 46174) the Region published a correction to the immediate
final rule that was published on September 24, 1999. The Region granted
authorization for further revisions to Vermont's program on October 26,
2000, effective December 26, 2000 (65 FR 64164). That Federal Register
also made a technical correction. On June 23, 2005 (70 FR 36350) the
Region published an immediate final rule for additional revisions to
Vermont's program. This authorization became effective on August 22,
2005. The most recent authorization was granted to Vermont on March 16,
2007 (72 FR 12568) and became effective on May 15, 2007.
G. What changes are we authorizing with today's action?
On August 20, 2013, Vermont submitted a final complete program
revision application, seeking authorization for their changes in
accordance with 40 CFR 271.21. In particular, Vermont is seeking
authorization for updated state regulations addressing federal
requirements added from July 1, 2005 through June 30, 2011. Also,
Vermont is seeking authorization for various changes it recently has
made to its base program regulations.
We are now making an immediate final decision that, subject to
reconsideration only if we receive written comments that oppose this
action, Vermont's hazardous waste program revisions satisfy all of the
requirements necessary to qualify for Final authorization. Therefore,
we grant Vermont Final authorization for the following program changes.
First, we are authorizing state regulations that track federal
regulations adopted since July 1, 2005, as follows (the Federal
Citation is followed by the analog from chapter 7 of the Vermont
Environmental Protection Rules (Hazardous Waste Management
Regulations), effective March 15, 2013): Federal: Methods Innovation
Rule and SW-846 Final Update IIIB [70 FR 34538, June 14, 2005. As
amended August 1, 2005; 70 FR 44150] (Checklist 208)- State: 7-106(a),
7-109(a), 7-109(b)(1), 7-202(a)(9), 7-205(a)(1), 7-206(a)(1) & (a)(2),
7-210, 7-217(c), 7-219, 7-219(c), 7-219(e), 7-504(e)(1), 7-505(c), 7-
510(c)(1), 7-511(a) & (d), 7-805(f), 7-811(b)(5), 7-812(d), 7-813(a);
Federal: Revision of Wastewater Treatment Exemptions for Hazardous
Waste Mixtures (``Headworks exemptions'') [70 FR 57769, October 4,
2005] (Checklist 211)- State: 7-109(a) and 203(k)(3); Federal: Burden
Reduction Initiative; [71 FR 16862, April 4, 2006] (Checklist 213)--
State: 7-106(a), 7-109(a), 7-109(b)(1), 7-204(b)&(c), 7-203(i)(4), 7-
504(e)(1), 7-505(c), 7-507(f)(1), 7-510(c)(1); Federal: Corrections to
Errors in the Code of Federal Regulations [71 FR 40254, July 14, 2006]
(Checklist 214)--State: 7-103, 7-106(a), 7-108(d), 7-109(a), 7-
109(b)(1) & (b)(2), 7-203(i)(4), 7-203(v), 7-203(r), 7-204(f), 7-
204(f)(3), 7-204(g), 7-204(g)(1) & (g)(2), 7-205(a)(3) & (a)(4), 7-
205(a)(4)(A), (B), (C) & (D), 7-208(b), 7-210, 7-215, 7-217(c), 7-
311(h), 7-501, 7-502(d), 7-504, 7-504(e)(1), 7-505, 7-505(c), 7-
507(f)(1), 7-508(e)(2), 7-
[[Page 79617]]
510(c)(1), 7-510(d), 7-512, 7-606, 7-608, 7-705(b)(2), 7-705(d), 7-
706(c), 7-708(c), 7-802, 7-803, 7-805(f)(2), 7-806(e), 7-811(b)(3), 7-
811(b)(5)(A), 7-811(b)(6)(A), 7-811(i)(1), 7-811(i)(3)(A), 7-812(c), 7-
812(d), 7-813, 7-902(d), 7-911, 7-912(d)(2), Appendix I, II, III, IV &
IX; Federal: Academic Laboratories Generator Standards and Technical
Corrections [73 FR 72912, December 1, 2008 and 75 FR 79304, December
20, 2010] (Checklists 220 and 226)--State: 7-103, 7-109(b)(4), 7-
305(a)(7), 7-306(c)(1)(A), 7-306(d), 7-307(c)(1) and (6), 7-307(d), 7-
308(b)(1) and (6), 7-308(c); OECD Requirements; Export Shipments of
Spent Lead-Acid Batteries [75 FR 1236, January 8, 2010] (Checklist
222)--State: 7-109(a), 7-204(f)(3), 7-307(c)(8 & 9), 7-308(b)(8 & 9),
7-402(b), 7-504(e), 7-510(c), 7-704(c) & (e), 7-705(c) & (d), 7-706(c),
7-707(c) (but note that EPA directly administers the export and import
requirements in 40 CFR part 262, subpart H referenced by the State
regulations); Hazardous Waste Technical Corrections and Clarifications
[75 FR 12989, March 18, 2010 and 75 FR 31716, June 4, 2010] (Checklist
223)--State: 7-103, 7-106(a), 7-109(a) & (a)(7), 7-202(e), 7-203(j)(1),
7-203(j)(3), 7-204(f), 7-204(g), 7-207(a)(8), 7-209(b), 7-210, 7-306,
7-306(a)(2) & (a)(3), 7-306(b) & (c), 7-307(c)(4), 7-308(a) & (b) and
``Note'' in (b), 7-310(a), 7-311(c), 7-504(e)(1), 7-510(c)(1), 7-512,
7-607, 7-608, 7-702(b)(12), 7-706(b), 7-707(a), (b) & (d), 7-708(a),
Appendix I, III, & IV; Removal of Saccharin and Its Salts from the
Lists of Hazardous Constituents [75 FR 78918, December 17, 2010]
(Checklist 225) --State: Appendix II & III; Revision of the Land
Disposal Treatment Standards for Carbamate Wastes [76 FR 34147, June
13, 2011] (Checklist 227)--State: IBR, 7-106(a).
In addition to the regulations listed above, there are various
previously authorized state program regulations to which the state has
made changes. The EPA is also authorizing these changes. These changes
are as follows: Regarding Subchapter 1 of the State Regulations,
Federal: definitions in 40 CFR 260.10--State: added definitions of
elementary neutralization unit, tank system and wastewater treatment
unit (instead of citing federal definitions), revised definitions of
pesticidal waste, registration, and used oil, and removed the
definition for ``performance track member facility'' in 7-103; Federal:
40 CFR 262.12 (i.d. numbers)--State: provisions for temporary i.d.
numbers added to 7-104; Federal: 40 CFR part 260-279--State: general
update to incorporation by reference of federal regulations, 7-109(a);
Regarding Subchapter 2 of the State Regulations, Federal: 40 CFR 262.11
(waste determinations)--State: 7-202(d) revised to clarify
recordkeeping requirements; Federal: 40 CFR 261.4(a)(13) and (14)
(scrap metal and shredded circuit board exemptions. Note: EPA
interprets the scrap metal exemption to cover intact circuit boards
that meet certain conditions.)--State: Revision to 7-204(h) allowing
intact as well as shredded circuit boards, meeting the required
conditions, to qualify for the exemption; Federal: 40 CFR
261.2(c)(2)(ii), exemption for certain commercial chemical products
burned as fuels--State: clarified container and tank marking
requirements and added requirements for aggregation facilities, 7-
204(1)(4) and (6); Federal: 40 CFR 261.33(c), regarding commercial
chemical products listings--State: 7-214(d) and 7-215(d) revised to
track the federal language; Regarding Subchapter 3 of the State
Regulations, Federal: 40 CFR 262.12 (i.d. nos.)--State: 7-304(a),
revision clarifying that temporary i.d. numbers are only issued for
hazardous wastes that are episodically generated; Federal: 40 CFR
265.111, 265.114 and 265.197 (generator closure)--State: revisions to
generator closure requirements at 7-304(d) and 7-309(c)(2), being
authorized as applied to tank closures and is broader in scope as
applied to closure of other units; Federal: 40 CFR 262.34(d), small
quantity generators--State: clarification of small quantity generator
requirements in 7-307; Federal: 40 CFR 262.34(a), large quantity
generators--State: clarification of large quantity generator
requirements in 7-308; Federal: 40 CFR 262.34(d)(5)(iv), regulation of
small quantity generator emergency response requirements--State:
revised, 7-307(c)(14) by revising subsection (A) and adding subsection
(D) making it equivalent to the federal requirements; Federal: 40 CFR
265.32(b), preparedness and prevention requirements for large quantity
generators and small quantity generators as referenced in 40 CFR
262.34(a)(4) and 40 CFR 262.34(d)(4), respectively--State: revised to
make the requirements more up-to-date with current practices (e.g.,
substituted reference to cell phone for reference to two-way radios),
7-307(c)(14)(B), 7-308(b)(14)(A)(iv), 7-309(a)(1)(B), and 7-
309(a)(3)(B); Federal: 40 CFR 261.5, requirements for CESQGs--State: 7-
306, except for 7-306(c)(1)(G) (fees). Note: 7-306 previously was
authorized in 1999 with respect to Checklist 153, we are now confirming
that this provision is authorized for all purposes, not just with
respect to Checklist 153; Federal: 40 CFR 270.1(c), prohibition of
unpermitted disposal of hazardous waste--State: 7-302(a), prohibiting
disposal of hazardous waste by evaporation. Note: this provision was
adopted by the State in 1998 but was inadvertently not previously
authorized and is being authorized now; Regarding Subchapter 4 of the
State Regulations, Federal: 40 CFR 263.12, transfer facility
requirements--State: clarifying requirements for the management of off-
loaded containers of hazardous waste from transport vehicles, 7-404(b)
(formerly 7-404(c)); Federal: 40 CFR part 263--State: clarification
when transporter requirements apply, 7-401(b)(1)(A) and 7-405(d);
Regarding Subchapter 5 of the State Regulations, Federal: 40 CFR
264.1(g)(6), 265.1(c)(10) and 270.1(c)(2)(v), elementary neutralization
and wastewater treatment unit exemptions--State: revised exemption
(changed cross-reference) at 7-502(c); Federal: 40 CFR 262.34, as
interpreted at 51 FR 10168--State: 7-502(o) revisions to generator
treatment in containers and tanks standards, except for 7-502(o)(8) and
revision to the note following 7-502(o)(10) (not yet submitted for
authorization), and addition of 7-502(k)(1)(C); Federal: 40 CFR 270.50,
duration of permits--State: 7-504(g), changing from 5 year permits to
10 year permits, as federally allowed; Regarding Subchapter 6 of the
State Regulations, Federal: 40 CFR 260.30, variances--State: 7-608(d),
(e) & (f) setting time limits on variances, as applied to any federally
regulated wastes; Regarding Subchapter 8 of the State Regulations,
Federal: 40 CFR 279.11, specification used oil burned for energy
recovery--State: revised 7-801 and 7-802, and 7-812(c)(3) and added 7-
804(g) (being authorized except for (g)(3) which is broader in scope);
Federal: 40 CFR 279.20--279.24, generator standards--State: 7-807(h),
added record-keeping requirement; Regarding Subchapter 9 of the State
Regulations, Federal: 40 CFR 273.11 and 40 CFR 273.31, prohibitions of
treatment by universal waste handlers--State: added Notes clarifying
that drum top crushing is regulated as treatment rather than being
considered an exempt recycling activity (this is equivalent to the
federal approach with respect to universal waste handlers); Federal: 40
CFR part 273, Standards for Universal Waste Management--State: 10
V.S.A. sec. 6680 designating postconsumer paint as universal waste and
setting management standards, 7-901, 7-910, 7-911, 7-912(a)&(b), 7-
912(c)(1)&(c)(2)(A), 7-912(c)(2)Note, 7-
[[Page 79618]]
912(c)(3), 7-912(f)-(k), 7-913, 7-914, 7-915, 7-916.
The final authorization of new state regulations and regulation
changes is in addition to the previous authorization of state
regulations, which remain part of the authorized program. Vermont
initially received authorization for its base program requirements in
1985 and again in 1993. Vermont subsequently reformatted and renumbered
various base program regulations, and submitted revised base program
Checklists in connection with the EPA's 1999 authorization. The
renumbered and reformatted provisions, as referenced in those
Checklists, are part of the authorized program. See 64 FR 51706 (Sept.
24, 1999). The current authorized program consists of the base program
requirements together with the additional requirements and changes
authorized by the EPA in the 1993, 1999, 2000, 2005 and 2007
authorizations. Added to this will be the requirements being authorized
through this rulemaking today.
H. Where are the revised state rules different from the federal rules?
The most significant differences between the State rules being
authorized and the Federal rules are summarized below. It should be
noted that this summary does not describe every difference, or every
detail regarding the differences that are described. Members of the
regulated community are advised to read the complete regulations to
ensure that they understand all of the requirements with which they
will need to comply.
1. More Stringent Provisions
There are aspects of the Vermont program which are more stringent
than the Federal program. All of these more stringent requirements are,
or will become, part of the federally enforceable RCRA program when
authorized by the EPA and must be complied with in addition to the
State requirements which track the minimum Federal requirements. These
more stringent requirements include the following: (a) the state has
adopted the federal Academic Labs rule but has also added requirements
for Laboratory Management Plans that are more stringent, 7-109(b)(4)(B)
to (D); (b) the State has revised its exemption for commercial chemical
product fuels in 7-204(l)(6) by more stringently specifying the
management requirements for aggregation facilities. As noted in our
2007 authorization, the underlying State exemption is equivalent to the
combination of the federal exemption for commercial chemical product
fuels being burned for energy recovery and the federal exemption for
commercial chemical products being reclaimed, in 40 CFR 261.2(c)(2)(ii)
and (c)(3), respectively.
2. Broader in Scope Provisions
There are also aspects of the Vermont program which are broader in
scope than the Federal program. The portion of the State requirements
which are broader in scope are not considered to be part of the
Federally enforceable RCRA program. However, they are fully enforceable
under State law and must be complied with by sources in Vermont. These
broader in scope requirements include the following: (a) the state has
revised its Used Oil regulations by adding management standards in 7-
804(g) for used oil that has been shown to meet fuel burning
specifications (``used oil fuel''). The broader in scope provisions are
found in 7-804(g)(3); (b) With respect to point source discharges of
wastewaters that are hazardous wastes, the State has amended state
regulation 7-203(q) to only exempt from its hazardous waste regulations
those discharges that are ``in compliance with'' State water act
requirements rather than exempting from hazardous waste requirements
all discharges that are ``subject to'' the State water act
requirements. The comparable federal exemption at 40 CFR 261.4(a)(2)
exempts discharges that are ``subject to'' section 402 of the Clean
Water Act. Thus the State is exempting fewer sources from hazardous
waste regulation than does the federal exemption and is, therefore,
regulating more broadly in scope.
3. Different but Equivalent Provisions
Vermont also has added a provision to its state statute which
differs from the Federal regulations but has been determined to be
equivalent to them. These State revisions will become part of the
federally enforceable RCRA program when authorized by the EPA. These
different but equivalent provisions are as follows. Vermont has added
postconsumer paint to its Universal Waste rules through a state
statutory provision found at 10 V.S.A. sec. 6680. We are authorizing
this as being equivalent to the requirements of 40 CFR part 273 Subpart
G since we have determined that it is an appropriate universal waste to
approve and that the rules allow the States the flexibility to add
additional wastes to their list of universal wastes. In particular, we
are authorizing the specific management requirements for these paint
wastes as they are identified in the statute under sec. 6680(b) and
(c). The statute also specifies that the existing state universal waste
regulation requirements apply to the handling of postconsumer paint. In
addition, EPA is reauthorizing the existing universal waste regulations
as they are applied to the paint wastes.
I. Who handles permits after the authorization takes effect?
Vermont will issue permits for all the provisions for which it is
authorized and will administer the permits it issues. EPA will
implement and issue permits for any HSWA requirements for which Vermont
is not yet authorized in the future.
J. What is codification and is EPA codifying Vermont'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 UU for this authorization of Vermont's
program until a later date.
K. Administrative Requirements
The Office of Management and Budget (OMB) has exempted this action
(RCRA State Authorization) from the requirements of Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011), 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 also does not significantly or uniquely affect the communities
of Tribal governments, as specified by Executive Order 13175 (65 FR
67249, November 9, 2000). 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
[[Page 79619]]
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. 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'' as defined 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. 272 note) do not apply. As required
by section 3 of Executive Order 12988 (61 F.R. 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 F.R. 8859, March 15, 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.). Executive Order 12898 (59 FR 7629, Feb. 16, 1994) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States. Because this rule authorizes pre-
existing State rules which are equivalent to, and no less stringent
than existing federal requirements, 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.
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 nevertheless will be effective 60 days after it is published,
because it is an immediate final rule.
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: November 5, 2013.
H. Curtis Spalding,
Regional Administrator, EPA Region 1.
[FR Doc. 2013-31121 Filed 12-30-13; 8:45 am]
BILLING CODE 6560-50-P