[Federal Register Volume 87, Number 200 (Tuesday, October 18, 2022)]
[Rules and Regulations]
[Pages 62995-62999]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22578]



[[Page 62995]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R03-RCRA-2022-0351; FRL-9947-02-R3]


Virginia: Final Authorization of State Hazardous Waste Management 
Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: Virginia has applied to the United States Environmental 
Protection Agency (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 hereby 
authorizing Virginia's revisions through this direct final rule. In the 
``Proposed Rules'' section of this issue of the Federal Register, EPA 
is also publishing a separate document that serves as the proposal to 
authorize these revisions. EPA believes this action is not 
controversial and does not expect comments that oppose it. 
Authorization of Virginia's revisions to its hazardous waste program 
will take effect 30 days after the conclusion of the public comment 
period unless EPA receives written comments that oppose this 
authorization. If EPA receives adverse comments pertaining to this 
State revision, then EPA will publish in the Federal Register a timely 
withdrawal of this direct final rule before it takes effect, and the 
separate document in the ``Proposed Rules'' section of the Federal 
Register will serve as the proposal to authorize any revisions made 
based on comments received.

DATES: This final authorization will become effective on December 19, 
2022, unless EPA receives adverse written comments by November 17, 
2022. If EPA receives any such comments, then EPA will publish a timely 
withdrawal of this direct final rule in the Federal Register.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
RCRA-2022-0351 at www.regulations.gov. Follow the online instructions 
for submitting comments. Once submitted, comments cannot be edited or 
removed from www.regulations.gov. The EPA may publish any comment 
received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information the disclosure of which is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. The EPA 
will generally not consider comments or comment contents located 
outside of the primary submission (i.e., on the web, cloud, or other 
file sharing system). For additional submission methods, the full EPA 
public comment policy, information about CBI or multimedia submissions, 
and general guidance on making effective comments, please visit 
www.epa.gov/dockets/commenting-epa-dockets. The EPA encourages 
electronic submittals, but if you are unable to submit electronically 
or need other assistance, please contact Jacqueline Morrison, the 
contact listed in the FOR FURTHER INFORMATION CONTACT provision below. 
Please also contact Jacqueline Morrison if you need assistance in a 
language other than English or if you are a person with disabilities 
who needs a reasonable accommodation at no cost to you.

FOR FURTHER INFORMATION CONTACT: Jacqueline Morrison, RCRA Programs 
Branch, Land, Chemicals and Redevelopment Division, U.S. Environmental 
Protection Agency Region III, Four Penn Center, 1600 John F. Kennedy 
Blvd. (Mail code 3LD30), Philadelphia, PA 19103-2852, Phone number: 
(215) 814-5664; email: [email protected].

SUPPLEMENTARY INFORMATION:

A. Why are revisions to the 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. As the Federal program is revised to become 
more stringent or broader in scope, States must revise their programs 
and apply to EPA to authorize the revisions. 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 the 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?

    On January 10, 2022, Virginia submitted a final program revision 
application (with subsequent corrections) seeking authorization of 
revisions to its hazardous waste program that correspond to certain 
Federal rules promulgated through February 22, 2019.
    EPA concludes that Virginia's application to revise its authorized 
program meets all of the statutory and regulatory requirements 
established by RCRA, as set forth in RCRA section 3006(b), 42 U.S.C. 
6926(b), and 40 CFR part 271. Therefore, EPA grants Virginia final 
authorization to operate its hazardous waste program with the revisions 
described in its authorization application, as outlined below in 
Section G of this document. Virginia has responsibility for permitting 
treatment, storage, and disposal facilities (TSDFs) within its borders 
and for carrying out the aspects of the RCRA program described in its 
application, subject to the limitations of the Hazardous and Solid 
Waste Amendments of 1984 (HSWA). New Federal requirements and 
prohibitions imposed by Federal regulations that EPA promulgates under 
the authority of HSWA take effect in authorized States before they are 
authorized for the requirements. Thus, EPA will implement those HSWA 
requirements and prohibitions for which Virginia 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 action serves to authorize revisions to Virginia's authorized 
hazardous waste program. This action does not impose additional 
requirements on the regulated community because the regulations for 
which Virginia is being authorized by this action are already effective 
and are not changed by this action. Virginia has enforcement 
responsibilities under its State hazardous waste program for violations 
of its program, but EPA retains its authority under RCRA sections 3007, 
3008, 3013, and 7003, which include, among others, authority to:
     Perform inspections, and require monitoring, tests, 
analyses or reports;
     Enforce RCRA requirements and suspend or revoke permits; 
and

[[Page 62996]]

     Take enforcement actions regardless of whether Virginia 
has taken its own actions.

D. Why was there not a proposed rule before this rule?

    Along with this direct final rule, EPA is publishing a separate 
document in the ``Proposed Rules'' section of this issue of the Federal 
Register that serves as the proposed rule to authorize these State 
program revisions. EPA did not publish a proposed rule before this 
issue of the Federal Register because EPA views this action as a 
routine program change and does not expect comments that oppose its 
approval. EPA is providing an opportunity for public comment now, as 
described in Section E of this document.

E. What happens if EPA receives comments that oppose this action?

    If EPA receives adverse comments pertaining to this State revision, 
EPA will withdraw this direct final rule by publishing a document in 
the Federal Register before the rule becomes effective. EPA will base 
any further decision on the authorization of Virginia's program 
revisions on the proposed rule mentioned in the previous section, after 
considering all comments received during the comment period. EPA will 
then address all relevant 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.

F. What has Virginia previously been authorized for?

    Virginia initially received final authorization of its hazardous 
waste program effective December 18, 1984 (49 FR 47391). EPA granted 
authorization for revisions to Virginia's regulatory program effective 
August 13, 1993 (58 FR 32855); September 29, 2000 (65 FR 46607); June 
20, 2003 (68 FR 36925); July 10, 2006 (71 FR 27204); July 30, 2008 (73 
FR 44168); and November 4, 2013 (78 FR 54178).

G. What revisions are we authorizing with this action?

    On January 10, 2022, Virginia submitted a final program revision 
application (with subsequent corrections) seeking authorization of 
additional revisions to its hazardous waste program, as published in 
the Code of Federal Regulations from June 13, 2011, through February 
22, 2019.
    EPA now makes a direct final rule, subject to receipt of written 
comments that oppose this action, that Virginia's hazardous waste 
program revision application satisfies all of the requirements 
necessary to qualify for final authorization. Therefore, EPA grants 
Virginia final authorization for the following program revisions:

1. Program Revision Changes for Federal Rules

    Virginia seeks authority to administer the Federal requirements 
that are listed in Table 1 of this document. Virginia incorporates by 
reference these Federal provisions, in accordance with the dates 
specified in Title 9, Virginia Administrative Code (9VAC 20-60-18). 
This Table 1 lists the Virginia analogs that are being recognized as no 
less stringent than the analogous Federal requirements.
    The Virginia Waste Management Act (VWMA) enacted by the 1986 
session of Virginia's General Assembly and recodified in 1988 as 
Chapter 14, Title 10.1, Code of Virginia, forms the basis of the 
Virginia program. These regulatory references are to Title 9, Virginia 
Administrative Code (9 VAC) effective through August 23, 2019. On 
November 4, 2013 (78 FR 54178, September 3, 2013), Virginia received 
approval of Program Revision V to its hazardous waste management 
program. Since then, Virginia's regulations have been updated to 
include Federal regulatory changes. This application, Program Revision 
VI, addresses certain changes made to Virginia's hazardous waste 
program between January 1, 2011, and August 23, 2019.

         Table 1--Virginia's Analogs to the Federal Requirements
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    Description of Federal
    requirement  (revision       Federal Register    Analogous Virginia
        checklists \1\)           page and date          authority
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                            RCRA Cluster VIII
------------------------------------------------------------------------
Exclusion of Recycled Wood      63 FR 28556, May   9VAC20-60-18; 9VAC20-
 Preserving Wastewaters,         26, 1988.          60-261 A.
 Revision Checklist 167F.
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                            RCRA Cluster XXI
------------------------------------------------------------------------
Revisions of the Treatment      76 FR 34147, June  9VAC20-60-18; 9VAC20-
 Standards for Carbamate         13, 2011.          60-268.
 Wastes, Revision Checklist
 227.
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                            RCRA Cluster XXII
------------------------------------------------------------------------
Hazardous Waste Technical       77 FR 22229,       9VAC20-60-18; 9VAC20-
 Corrections and                 April 13, 2012.    60-260; 9VAC20-60-
 Clarifications, Revision                           266.
 Checklist 228.
------------------------------------------------------------------------
                           RCRA Cluster XXIII
------------------------------------------------------------------------
Conditional Exclusions for      78 FR 46448, July  9VAC20-60-18; 9VAC20-
 Solvent Contaminated Wipes,     31, 2013.          60-260; 9VAC20-60-
 Revision Checklist 229.                            261.
Conditional Exclusion for       79 FR 350,         9VAC20-60-18; 9VAC20-
 Carbon Dioxide (CO2) Streams    January 3, 2014.   60-260; 9VAC20-60-
 in Geologic Sequestration                          261.
 Activities, Revision
 Checklist 230.
Hazardous Waste Electronic      79 FR 7518,        9VAC20-60-18; 9VAC20-
 Manifest Rule, Revision         February 7, 2014.  60-260; 9VAC20-60-
 Checklist 231.                                     262; 9VAC20-60-263;
                                                    9VAC20-60-264;
                                                    9VAC20-60-265.
Revisions to the Export         79 FR 36220, June  9VAC20-60-18; 9VAC20-
 Provisions of the Cathode Ray   26, 2014.          60-260; 9VAC20-60-
 Tube Rule, Revision Checklist                      261.
 232.
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                            RCRA Cluster XXIV
------------------------------------------------------------------------
Revisions to the Definition of  80 FR 1694,        9VAC20-60-18; 9VAC20-
 Solid Waste: Changes            January 13, 2015.  60-260; 9VAC20-60-
 affecting all non-waste                            1390; 9VAC20-60-
 determinations and variances,                      1420.
 Revision Checklist 233A.
Revisions to the Definition of  80 FR 1694,        9VAC20-60-18; 9VAC20-
 Solid Waste: Speculative        January 13, 2015.  60-261.
 Accumulation, Revision
 Checklist 233C.

[[Page 62997]]

 
Revisions to the Definition of  80 FR 1694,        9VAC20-60-18; 9VAC20-
 Solid Waste: 2008 DSW           January 13, 2015.  60-260; 9VAC20-60-
 exclusions and non-waste       83 FR 24664 May     261; 9VAC20-60-1390;
 determinations, including       30, 2018.          9VAC20-60-1420.
 revisions from 2015 DSW final
 rule and 2018 DSW final rule,
 Revision Checklist 233D2.
Revisions to the Definition of  80 FR 1694,        9VAC20-60-18; 9VAC20-
 Solid Waste: Remanufacturing    January 13, 2015.  60-260; 9VAC20-60-
 exclusion, Revision Checklist                      261.
 233E.
Response to Vacaturs of the     80 FR 18777,       9VAC20-60-18; 9VAC20-
 Comparable Fuels Rule and the   April 8, 2015.     60-260; 9VAC20-60-
 Gasification Rule, Revision                        261.
 Checklist 234.
Disposal of Coal Combustion     80 FR 21302,       9VAC20-60-18; 9VAC20-
 Residuals from Electric         April 17, 2015.    60-261.
 Utilities, Revision Checklist
 235.
------------------------------------------------------------------------
                            RCRA Cluster XXV
------------------------------------------------------------------------
Imports and Exports of          81 FR 85696,       9VAC20-60-18; 9VAC20-
 Hazardous Waste, Revision       November 28,       60-260, 261, 262,
 Checklist 236.                  2016.              263, 264, 265, 266,
                                82 FR 41015,        267, and 273.
                                 August 29, 2017.
                                83 FR 38263,
                                 August 6, 2018.
Hazardous Waste Generator       81 FR 85732,       9VAC20-60-18; 9VAC20-
 Improvements Rule, Revision     November 28,       60-260, 261, 262,
 Checklist 237.                  2016.              263, 264, 265, 267,
                                                    268, 270, 273, and
                                                    279.
------------------------------------------------------------------------
                            RCRA Cluster XXVI
------------------------------------------------------------------------
Confidentiality Determinations  82 FR 60894,       9VAC 20-60-18; 9VAC20-
 for Hazardous Waste Export      December 26,       60-260, 261, and
 and Import Documents,           2017.              262.
 Revision Checklist 238.
------------------------------------------------------------------------
                           RCRA Cluster XXVII
------------------------------------------------------------------------
Safe Management of Recalled     83 FR 61552,       9VAC20-60-18; 9VAC20-
 Airbags, Revision Checklist     November 30,       60-260, 261, 262.
 240.                            2018.
Management Standards for        84 FR 5816,        9VAC20-60-18; 9VAC20-
 Hazardous Waste                 February 22,       110-110; 9VAC20-60-
 Pharmaceuticals and Amendment   2019.              261, 262, 264, 265,
 to the P075 Listing for                            266, 268, 270, and
 Nicotine, Revision Checklist                       273.
 241.
------------------------------------------------------------------------
\1\ 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 https://www.epa.gov/rcra/state-authorization-under-resource-conservation-and-recovery-act-rcra.

2. State-Initiated Revisions

    In addition, Virginia will be authorized to carry out, in lieu of 
the Federal program, State-initiated revisions to provisions of the 
State's program. These State-initiated revisions to some of Virginia's 
existing regulations are for the purpose of correcting errors and 
adding consistency or clarification to the existing regulations. The 
following State provisions were previously equivalent, more stringent, 
or broader in scope and now they are all equivalent and analogous to 
the RCRA provisions found at Title 40 of the Code of Federal 
Regulations: 9VAC20-60-315 H, 9VAC20-60-420 E, 9VAC20-60-430 F, 9VAC20-
60-440 A, B, C, C 1, D, and E, 9VAC20-60-450 (repealed), 9VAC20-60-480 
E 1, L, and M, 9VAC20-60-490 B 3, and 9VAC20-60 Forms.

H. Where are the revised Virginia rules different from the Federal 
rules?

    When revised State rules differ from the Federal rules in the RCRA 
State authorization process, EPA determines whether the State rules are 
equivalent to, more stringent than, or broader in scope than the 
Federal program. Pursuant to RCRA section 3009, 42 U.S.C. 6929, State 
programs may contain requirements that are more stringent than the 
Federal regulations. Such more stringent requirements can be federally 
authorized and, once authorized, become federally enforceable.

1. Virginia Requirements That Are More Stringent Than the Federal 
Program

    The following Virginia provisions are more stringent than the 
Federal program.
     Virginia is more stringent than the Federal program at 
9VAC20-60-490 C 4 by requiring that reports be submitted to the State 
as well as to Federal authorities.
     Virginia is more stringent than the Federal program at 
9VAC20-60-262 B 4 by requiring that large quantity generators notify 
the State of each location where hazardous waste is accumulated.
     Virginia is more stringent than the Federal program at 
9VAC20-60-262 B 6 by requiring any receiving treatment, storage, or 
disposal facility to hold a permit; Virginia is also more stringent 
than the Federal program by requiring an EPA identification number for 
transporters.
     Virginia's regulations, at 9VAC20-60-260 A, incorporate by 
reference the Federal regulations at 40 CFR part 260, with some 
additions, modifications, and exceptions, including the modification at 
9VAC20-60-260 B 2. This provision is more stringent than the Federal 
program in that it imposes additional requirements for the management 
of hazardous secondary materials in a land-based unit.
     On January 13, 2015, EPA issued a final rule that became 
effective on July 13, 2015, revising several recycling-related 
provisions associated with the definition of solid waste used to 
determine hazardous waste regulation under RCRA subtitle C (80 FR 
1694). The revisions included adding conditions to certain exclusions 
and adding a codified definition of ``contained.'' On May 30, 2018, EPA 
issued the final rule: ``Response to Vacatur of Certain Provisions of 
the Definition of Solid Waste Rule,'' 83 FR 24664. Because the 2018 
rule included provisions that are less stringent than the 2015 
revisions, states that adopted the 2015 rule were not required to adopt 
the 2018 rule. The Virginia regulations, at 9VAC20-60-18, 9VAC20-60-260 
B 9, 9VAC20-60-260 B 14, and 9VAC20-60-261 B 14, specify that Virginia 
is retaining the 2015 rules. In that respect, the Virginia regulations 
are more stringent than the Federal program.

[[Page 62998]]

2. Virginia Requirements That Are Broader in Scope Than the Federal 
Program

    Although the statute does not prevent States from adopting 
regulations that are broader in scope than the Federal program, States 
cannot receive authorization for such regulations. EPA cannot enforce 
requirements that are broader in scope, although compliance with such 
provisions is required by Virginia law.
    The following Virginia provisions are broader in scope than the 
Federal program in that they require the payment of fees that are not 
required by the Federal program:
     9VAC20-60-1280 B requires the payment of permit 
application fees.
     9VAC20-60-1284 B 2 requires the payment of annual fees.
     9VAC20-60-1260 B, C, D, E, F, and G 3, insofar as these 
provisions address hazardous waste program fees.
     9VAC20-60-1270 B, C, C 5, D, and E set forth the method by 
which application fee amounts shall be determined.
     9VAC20-60-1283 A, B, and C set forth the method by which 
annual fee amounts shall be determined.
     9VAC20-60-1285 Table 1 sets forth the schedule of permit 
application fees.

I. Who handles permits after this authorization takes effect?

    After this authorization revision, Virginia will continue to issue 
permits covering all the provisions for which it is authorized and will 
administer all such permits. EPA will continue to administer any RCRA 
hazardous waste permits or portions of permits that it issued prior to 
the effective date of this authorization until the timing and process 
for effective transfer to the State are mutually agreed upon. Until 
such time as EPA formally transfers responsibility for a permit to 
Virginia and EPA terminates its permit, EPA and Virginia agree to 
coordinate the administration of such a permit in order to maintain 
consistency. EPA will not issue any more new permits or new portions of 
permits for the provisions listed in Section G of this document after 
the effective date of this authorization. EPA will continue to 
implement, and issue permits for HSWA requirements for which Virginia 
is not yet authorized.

J. How does this action affect Indian country in Virginia?

    Virginia is not authorized to carry out the hazardous waste program 
in Indian country (18 U.S.C. 1151) within the State. EPA will implement 
and administer the RCRA program on these lands.

K. What is codification and is EPA codifying Virginia's hazardous waste 
program as authorized in this rule?

    Codification is the process of placing a State's statutes and 
regulations that comprise the State's authorized hazardous waste 
program into the Code of Federal Regulations. EPA does this by 
referencing the authorized State rules in 40 CFR part 272. EPA is not 
proposing to codify the authorization of Virginia's revisions at this 
time. However, EPA reserves the amendment of 40 CFR part 272, subpart 
VV, for this authorization of Virginia'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 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 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. 272 note) 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.).
    Executive Order 12898 (59 FR 7629, February 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. EPA believes that this action does 
not have disproportionately high and adverse human health or 
environmental effects on minority populations, low-income populations 
and/or indigenous peoples, because it approves pre-existing State rules 
that are no less stringent than existing Federal requirements and 
imposes no additional requirements beyond those imposed by State law. 
For these reasons, this rule is not subject to Executive Order 12898.

[[Page 62999]]

    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). However, 
this action will not be effective until December 19, 2022 because it is 
a direct 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 record keeping 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).

Adam Ortiz,
Regional Administrator, EPA Region III.
[FR Doc. 2022-22578 Filed 10-17-22; 8:45 am]
BILLING CODE 6560-50-P