[Federal Register Volume 79, Number 211 (Friday, October 31, 2014)]
[Rules and Regulations]
[Pages 64678-64682]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-25724]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[EPA-R06-RCRA-2014-0366; FRL-9918-56-Region 6]
Arkansas: Final Authorization of State Hazardous Waste Management
Program Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The State of Arkansas has applied to the EPA for final
authorization of the 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. The EPA is publishing this rule to authorize the
changes without a prior proposal because we believe this action is not
controversial and do not expect comments that oppose it. Unless we
receive written comments which oppose this authorization during the
comment period, the decision to authorize Arkansas' changes 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 this rule before it takes effect, and a separate document
in the proposed rules section of this Federal Register will serve as a
proposal to authorize the changes.
DATES: This final authorization will become effective on December 30,
2014 unless the EPA receives adverse written comment by December 1,
2014. If the EPA receives such comment, it will publish a timely
withdrawal of this direct final rule in the Federal Register and inform
the public that this authorization will not take effect.
ADDRESSES: Submit your comments by one of the following methods:
[[Page 64679]]
1. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the on-line instructions for submitting comments.
2. Email: [email protected].
3. Mail: Alima Patterson, Region 6, Regional Authorization
Coordinator, State/Tribal Oversight Section (6PD-O), Multimedia
Planning and Permitting Division, EPA Region 6, 1445 Ross Avenue,
Dallas, Texas 75202-2733.
4. Hand Delivery or Courier. Deliver your comments to Alima
Patterson, Region 6, Regional Authorization Coordinator, State/Tribal
Oversight Section (6PD-O), Multimedia Planning and Permitting Division,
EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733.
Instructions: Do not submit information that you consider to be CBI
or otherwise protected through regulations.gov, or email. The Federal
regulations.gov Web site is an ``anonymous access'' system, which means
the 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 the EPA without going through 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, the 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 the EPA cannot read
your comment due to technical difficulties and cannot contact you for
clarification, the 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. You can view and
copy Arkansas' application and associated publicly available materials
from 8:30 a.m. to 4 p.m. Monday through Friday at the following
locations: Arkansas Department of Environmental Quality, 8101
Interstate 30, Little Rock, Arkansas 72219-8913, (501) 682-0876, and
EPA, Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733, phone number
(214) 665-8533. Interested persons wanting to examine these documents
should make an appointment with the office at least two weeks in
advance.
FOR FURTHER INFORMATION CONTACT: Alima Patterson, Region 6, Regional
Authorization Coordinator, State/Tribal Oversight Section (6PD-O),
Multimedia Planning and Permitting Division, (214) 665-8533, EPA Region
6, 1445 Ross Avenue, Dallas, Texas 75202-2733, and Email address
[email protected].
SUPPLEMENTARY INFORMATION:
A. Why are revisions to State programs necessary?
States which have received final authorization from the 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 the 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 the 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 Arkansas' application to revise its authorized
program meets all of the statutory and regulatory requirements
established by RCRA. Therefore, we grant Arkansas Final authorization
to operate its hazardous waste program with the changes described in
the authorization application. Arkansas has responsibility for
permitting treatment, storage, and disposal facilities 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 the EPA promulgates under the authority of HSWA take
effect in authorized States before they are authorized for the
requirements. Thus, the EPA will implement those requirements and
prohibitions in Arkansas 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 Arkansas is
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. The State of Arkansas has enforcement
responsibilities under its State hazardous waste program for violations
of such program, but the EPA retains its authority under RCRA sections
3007, 3008, 3013, and 7003, which include, among others, authority to:
Do inspections, and require monitoring, tests, analyses,
or reports;
Enforce RCRA requirements and suspend or revoke permits
and
Take enforcement actions after notice to and consultation
with the State.
This action does not impose additional requirements on the
regulated community because the regulations for which Arkansas is being
authorized by today's action is 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?
The 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 the State program changes.
E. What happens if the EPA receives comments that oppose this action?
If the 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. The 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. 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 only
the authorization of a particular change to the State hazardous waste
program, we will withdraw only 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. For what has Arkansas previously been authorized?
Arkansas initially received final authorization on January 25,
1985, (50 FR 1513) to implement its Base Hazardous Waste Management
program. Arkansas received authorization for revisions to its program
on January 11,
[[Page 64680]]
1985 (50 FR 1513), effective January 25, 1985; March 27, 1990 (55 FR
11192) effective May 29, 1990; September 18, 1991 (56 FR 47153)
effective November 18, 1991; October 5, 1992 (57 FR 45721) effective
December 4, 1992; October 7, 1994 (59 FR 51115) effective December 21,
1994, April 24, 2002 (67 FR 20038) effective June 24, 2002, August 15,
2007 (72 FR 45663) effective October 15, 2007 and August 10, 2012 (77
FR 47779-47782) effective October 9, 2012. The authorized Arkansas RCRA
program was incorporated by reference into the Code of Federal
Regulations effective December 13, 1993 (58 FR 52674) June 28, 2010 (75
FR 36538) effective August 27, 2010 and August 10, 2012 (77 FR 47779)
effective October 9, 2012. On January 14, 2014, Arkansas submitted a
final complete program revision application seeking authorization of
its program revision in accordance with 40 CFR 271.21.
G. What changes are we approving with today's action?
On January 14, 2014, the State of Arkansas submitted final complete
program applications, seeking authorization of their changes in
accordance with 40 CFR 271.21. We now make a direct final decision,
subject to receipt of written comments that oppose this action that the
State of Arkansas' hazardous waste program revision satisfies all of
the requirements necessary to qualify for final authorization. The EPA
wants to clarify in this Federal Register document that because of the
Federal government's special role in matters of foreign policy,
Organization for Economic Cooperation and Development (OECD),
Requirements; Export Shipments of Spend Lead-Acid Batteries (Checklist
222), EPA does not authorize States to administer Federal import/export
functions in any section of the RCRA hazardous waste regulations.
Although States do not receive authorization to administer the Federal
government's export functions in 40 CFR part 262, subpart E, import
functions in 40 CFR part 262, subpart F, import/export functions in 40
CFR part 262, subpart H, or the import/export related functions in any
other section of the RCRA hazardous waste regulations, State programs
are still required to adopt those provisions that are more stringent
than existing federal requirements to maintain their equivalency with
the federal program. The OECD requirements are enforced by EPA in lieu
of the State. Therefore, the State is not authorized for this
provision. The State of Arkansas revisions consist of regulations which
specifically govern Federal Hazardous waste revisions promulgated
between July 1, 2005 through June 30, 2011 (and portions of RCRA
Clusters XVI, XVII, XVIII, XX and XXI). Arkansas requirements are
included in a chart with this document.
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Description of federal requirement Federal Register date and page (and/or
(include checklist #, if relevant) RCRA statutory authority Analogous state authority
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1. Universal Waste Rule: Specific 70 FR 45508-45522 August 5, 2005........ Arkansas Code of 1987
Provisions for Mercury Containing Annotated (A.C.A.)
Equipment. (Checklist 209). Sections 8-7-201 through 8-
7-226. Arkansas Pollution
Control and Ecology
(APC&E) Regulation Number
23, Hazardous Waste
Management (HWM) Sections
260.10 ``Mercury
containing equipment'',
260.10 ``Universal
Waste'', 261.9(c),
264.1(g)(11)(iii),
265.1(c)(14)(iii),
268.1(f)(3),
270.1(c)(2)(viii)(C),
273.1(a)(3), 273.4(b)(1)-
(3), 273.4(c)(1),
273.4(c)(2), 273.9
``Ampule'', 273.9 ``Large
Quantity Handler of
Universal Waste'', 273.9
``Mercury containing
device'', 273.9 ``Small
Quantity Handler of
Universal Waste'', 273.9
``Universal Waste'',
273.13(c) introductory
paragraph, 273.13(c)(1),
273.13(c)(2) introductory
paragraph, 273.13(c)(2)(i)-
(viii), 273.13(c)(3)
introductory paragraph,
273.13(c)(3)(i)-(ii),
273.13(c)(4)(i)
introductory paragraph,
273.13(c)(4)(i)(A)-(B),
273.13(c)(4)(ii)-(iii),
273.14(d)(1),
273.14(d)(2), 273.32(b)(4)-
(5), 273.33(c)
introductory paragraph,
273.33(c)(1), 273.33(c)(2)
introductory paragraph,
273.33(c)(2)(i)-(ii),
273.33(c)(2)(iii)-(viii),
273.33(c)(3) introductory
paragraph, 273.33(c)(3)(i)-
(ii), 273.33(c)(4)(i)
introductory paragraph,
273.33(c)(4)(i)(A)-(B),
273.33(c)(4)(ii)-(iii),
273.34(d)(1),
273.34(d)(2), as adopted
June 22, 2012, effective
August 12, 2012.
2. NESHAP: Final Standards for Hazardous 70 FR 59402-59579 October 12, 2005...... Arkansas Code of 1987
Waste Combustors (Phase I Final Annotated (A.C.A.)
Replacement Standards and Phase II). Sections 8-7-201 through 8-
(Checklist 212). 7-226. Arkansas Pollution
Control and Ecology
(APC&E) Regulation Number
23, Hazardous Waste
Management (HWM) Sections
260.11(a), 260.11(c)(1),
264.340(b)(1),
265.340(b)(1),
266.100(b)(1),
266.100(b)(3),
266.100(b)(3)(i)-(ii),
266.100(b)(3)(iii),
266.100(b)(4), 270.6(a),
270.6(b) introductory
paragraph, 270.6(b)(1),
270.6(b)(2), 270.10(n)
introductory paragraph,
270.10(n), 270.10(n)(1)(i)-
(ix), 270.10(n)(2),
270.19(e), 270.22
introductory paragraph,
270.24(d)(3),
270.25(e)(3),
270.32(b)(3), 270.42(j)(1)-
(3), 270.42(k)(1)
introductory paragraph,
270.42(k)(1)(i)-(iv),
270.42(k)(2) introductory
paragraph, 270.42(k)(2)(i)-
(ii), 270.42, Appendix I
Item L.10, 270.62
introductory, 270.66
introductory paragraph,
270.235(a)(1) introductory
paragraph, 270.235(a)(2)
introductory paragraph,
270.235(b)(1) introductory
paragraph, 270.235(b)(2)
introductory paragraph,
270.235(c) introductory
paragraph, 270.235(c)(1)-
(2), as adopted June 22,
2012 and effective August
12, 2012.
3. Cathode Ray Tubes Rule. (Checklist 71 FR 42928-42949 July 28, 2006......... Arkansas Code of 1987
215). Annotated (A.C.A.)
Sections 8-7-201 through 8-
7-226. Arkansas Pollution
Control and Ecology
(APC&E) Regulation Number
23, Hazardous Waste
Management (HWM) Sections
260.10 ``Cathode ray
tube'', ``CRT collector'',
``CRT glass
manufacturer'', ``CRT
processing'',
261.4(a)(22)(i)-(iv),
261.38, 261.39, 261.40,
261.41, as adopted June
22, 2012, effective August
12, 2012.
4. OECD Requirements, Export Shipments of 75 FR 1236-1262 January 8, 2010......... Arkansas Code of 1987
Spent Lead-Acid Batteries. (Checklist Annotated (A.C.A.)
222). Sections 8-7-201 through 8-
7-226. Arkansas Pollution
Control and Ecology
(APC&E) Regulation Number
23, Hazardous Waste
Management (HWM) Sections
262.10(d), 262.55
introductory paragraph,
262.58(a), 262.58(a)(1)-
(2), 262.58(b), 262.80(a),
262.80(a)(1)-(2),
262.80(b), 262.81
``Competent authority''
262.81 ``Countries
concerned'', 262.81
``Country of export,
262.81 ``Country of
import, 262.81 ``Country
of transit'', 262.81
``Exporter'', 262.81
``Importer'', 262.81 OECD
area'', 262.81 ``OECD'',
262.81 ``Recognized
trader'', 262.81
``Recovery facility'',
262.81 ``Recovery
operations'', 262.81
``Transboundary
movement'', 262.82(a),
262.82(a)(1),
262.82(a)(1)(i)-(ii),
262.82(a)(2),
262.82(a)(2)(i)-(ii),
262.82(a)(2)(ii)(A),
262.82(a)(2)(ii)(B),
262.82(a)(2)(iii), Note to
Paragraph (a)(2),
262.82(a)(3),
262.82(a)(3)(i), Note to
Paragraph (a)(3)(i),
262.82(a)(3)(ii), Note to
Paragraph (a)(3)(ii),
262.82(a)(4),
262.82(a)(4)(i)-(ii),
262.82(b), 262.82(b)(1)-
(2), Note to Paragraph
(b)(2), 262.82(b)(3),
262.82(c), 262.82(c)(1),
262.82(c)(1)(i)-(ii),
262.82(c)(2), 262.82(d),
262.82(d)(1)-(2),
262.82(e), 262.82(e)(1),
262.82(e)(2), 262.82(f),
262.82(f)(1)-(5),
262.82(f)(5)(i) and (ii),
262.82(g), 262.83(a),
262.83(b), 262.83(b)(1),
262.83(b)(1)(i)-(ii),
262.83(b)(1)(iii),
262.83(b)(2),
262.83(b)(2)(i)-(ii),
262.83(c), 262.83(d),
262.83(d)(1)-(14), Note to
Paragraph (d)(14),
262.83(e), 262.84(a),
262.84(a)(1)-(2),
262.84(b), 262.84(b)(1)-
(7), 262.84(c)-(e),
262.85(a)-(b),
262.85(b)(1)-(4),
262.85(c), 262.85(c)(1)-
(2), 262.85(d)-(e), Note
to Paragraph (e),
262.85(f), 262.85(g), Note
to Paragraph (g),
262.86(a)-(b), 262.87(a),
262.87(a)(1)-(5),
262.87(a)(5)(i)-(ii),
262.87(a)(6), 262.87(b),
262.87(b)(1)-(3),
262.87(c), 262.87(c)(1),
262.87(c)(1)(i)-(iv),
262.87(c)(2), 262.88,
262.89(a), 262.89(a)(1)-
(2), 262.89(b)-(d),
263.10(d), 264.12(a)(2),
264.71(a)(3), 264.71(d),
265.12(a)(2),
265.71(a)(3), 265.71(d),
266.80(a) table, as
adopted June 22, 2012,
effective August 12, 2012.
[[Page 64681]]
5. Hazardous Waste Technical Corrections 75 FR 12989-13009. March 18 2010, and Arkansas Code of 1987
and Clarification. (Checklist 223). June 4, 2010, 75 FR 31716-31717. Annotated (A.C.A.)
Sections 8-7-201 through 8-
7-226. Arkansas Pollution
Control and Ecology
(APC&E) Regulation Number
23, Hazardous Waste
Management (HWM) Sections
260.10 ``New hazardous
waste management facility
or ``new facility'', Part
260 Appendix I,
261.1(c)(10),
261.2(c),Table 1,
261.4(a)(17)(vi),
261.5(b), 261.5(e) intro,
261.5(e)(1), 261.5(e)(2),
261.5(e)(2) comment,
261.5(f) intro,
261.5(f)(2), 261.5(g)
intro, 261.5(g)(2),
261.6(a)(2),
261.6(a)(2)(ii),
261.6(a)(3), 261.6(c)(1),
261.6(d), 261.7(a)(1),
261.7(a)(2), 261.7(b)(1),
261.7(b)(3), 261.23(a)(8),
261.30(c)-(d), 261.31(a),
261.32(a) table,
261.33(f), 261, Appendix
VII, 262.10(f), 262.11(d),
262.23(f), 262.23(f)(1),
262.23(f)(1)(i)-(ii),
262.23(f)(2), 262.23(f)(3)-
(4), 262.34(a)(4),
262.34(b), 263.34(c)(1)-
(2), 262.34(d)(4),
262.34(f), 262.34(i),
262.42(a)(1)-(2),
262.42(c), 262.42(c)(1)-
(2), 262.42(c) Note,
262.60(b), 263.12,
264.52(b), 264.56(d)(2)
introductory text,
264.72(e)(6),
264.72(f)(1), 264.72(f)(7)-
(8), 265.56(d)(2)
introductory text,
265.72(e)(6),
265.72(f)(1), 265.72(f)(7)-
(8), 266.22, 266.70(d),
266.80(b)(1)(viii),
266.80(b)(2)(viii),
266.101(c)(1)-(2), 268.40
table ``Treatment
Standards for Hazardous
Wastes'', 268.48 Universal
Treatment Standards table,
270.4(a), as adopted June
22, 2012, effective August
12, 2012.
6. Removal of Saccharin and its Salts 75 FR 78918-78926 December 17, 2010..... Arkansas Code of 1987
from the Lists of Hazardous Wastes Annotated (A.C.A.)
(Checklist 225). Sections 8-7-201 through 8-
7-226. Arkansas Pollution
Control and Ecology
(APC&E) Regulation Number
23, Hazardous Waste
Management (HWM) Sections
261.33(f)/Table, 261
Appendix VIII'', 268.40
Table, 268 Appendix VII/
Table 1, as adopted June
22, 2012, effective August
12, 2012.
7. Academic Laboratories Generator 75 FR 79304-79308 December 20, 2010..... Arkansas Code of 1987
Standards Technical Corrections. Annotated (A.C.A.)
(Checklist 226). Sections 8-7-201 through 8-
7-226. Arkansas Pollution
Control and Ecology
(APC&E) Regulation Number
23, Hazardous Waste
Management (HWM) Sections
262.200 ``Central
accumulation area'',
262.206(b)(3)(i),
262.212(e)(1),
262.214(a)(1),
262.214(b)(1), as adopted
June 22, 2012, effective
August 12, 2012.
8. Revision of the Land Disposal 76 FR 34147-34157 June 13, 2011......... Arkansas Code of 1987
Treatment Standards for Carbamate Annotated (A.C.A.)
Wastes. (Checklist 227). Sections 8-7-201 through 8-
7-226. Arkansas Pollution
Control and Ecology
(APC&E) Regulation Number
23, Hazardous Waste
Management (HWM) Sections
268.40 Table of Treatment
Standards, 268.48 Table of
UTS-Universal Treatment
Standards, as adopted June
22, 2012, effective August
12, 2012.
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H. Where are the revised State rules different from the Federal rules?
There are no State requirements that are more stringent or broader
in scope than the Federal requirements.
I. Who handles permits after the authorization takes effect?
The State of Arkansas will issue permits for all the provisions for
which it is authorized and will administer the permits it issues. The
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. We will not issue any more new permits or new portions
of permits for the provisions listed in the Table in this document
after the effective date of this authorization. The EPA will continue
to implement and issue permits for HSWA requirements for which Arkansas
is not yet authorized.
J. How does today's action affect Indian Country (8 U.S.C. 1151) in
Arkansas?
The State of Arkansas Hazardous Program is not being authorized to
operate in Indian Country.
K. What is codification and is the EPA codifying Arkansas' 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 CFR. We do this by referencing the authorized State
rules in 40 CFR part 272. We reserve the amendment of 40 CFR part 272,
subpart E for this authorization of Arkansas' program changes until a
later date. In this authorization application the EPA is not codifying
the rules documented in this Federal Register notice.
L. Administrative Requirements
The Office of Management and Budget (OMB) 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. The
reference to Executive Order 13563 (76 FR 3821, January 21, 2011) is
also exempt from review under Executive Order 12866 (56 FR 51735,
October 4, 1993). 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 preexisting 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
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 under Executive Order 12866.
Under RCRA 3006(b), the 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 the 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 FR 4729, February 7, 1996),
in issuing this rule, the EPA has taken the necessary steps to
eliminate drafting errors and ambiguity, minimize potential litigation,
and provide a clear legal standard for affected conduct. The EPA has
complied with Executive Order 12630 (53 FR 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
[[Page 64682]]
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. The 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 December 30, 2014.
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: August 22, 2014.
Samuel Coleman,
Acting Regional Administrator, Region 6.
[FR Doc. 2014-25724 Filed 10-30-14; 8:45 am]
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