Vermont: Final Authorization of State Hazardous Waste Management Program Revision, 36350-36354 [05-12454]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 70, Number 120 (Thursday, June 23, 2005)]
[Rules and Regulations]
[Pages 36350-36354]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-12454]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-7927-1]


Vermont: Final Authorization of State Hazardous Waste Management 
Program Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate final rule.

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SUMMARY: The State of Vermont has applied to EPA for Final 
authorization of certain 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 
immediate final action. 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 that oppose this authorization during the 
comment period, the decision to authorize Vermont's 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 
published today in the proposed rules section of this Federal Register 
will serve as the proposal to authorize the changes.

DATES: This Final authorization will become effective on August 22, 
2005, unless EPA receives adverse written comment by July 25, 2005. If 
EPA receives such comment, it will publish a timely withdrawal of this 
immediate final rule in the Federal Register and inform the public that 
this authorization will not take effect.

ADDRESSES: Submit your comments by one of the following methods:
    1. Federal eRulemaking Portal: http: //www.regulations.gov. Follow 
the on-line instructions for submitting comments.
    2. E-mail: leitch.sharon@epa.gov.
    3. Mail: Sharon Leitch, Hazardous Waste Unit, EPA Region 1, One 
Congress Street, Suite 1100 (CHW), Boston, MA 02114-2023.
    4. Hand Delivery or Courier: Deliver your comments to Sharon 
Leitch, Hazardous Waste Unit, EPA Region 1, One Congress Street, Suite 
1100 (CHW), Boston, MA 02114-2023.
    Instructions: We must receive your comments by July 25, 2005. Do 
not submit information that you consider to be CBI or otherwise 
protected through regulations.gov, or e-mail. The Federal 
regulations.gov website 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 e-mail comment 
directly to EPA without going through regulations.gov, your e-mail 
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.
    You can view and copy the State of Vermont's revision application 
and the materials which the EPA used in evaluating the revision at the 
following two locations: (i) EPA Region 1 Library, One Congress Street-
11th Floor, Boston, MA 02114-2023; business hours Monday through 
Thursday 10 a.m.-3 p.m., tel: (617) 918-1990; and (ii) the Agency of 
Natural Resources, 103 South Main Street-West Office Building, 
Waterbury, Vermont 05671-0404; tel. (802) 241-3888; Business Hours: 
7:45 a.m. to 4:30 p.m. Monday through Friday. These documents are 
available for inspection during these business hours.

FOR FURTHER INFORMATION CONTACT: Sharon Leitch, Hazardous Waste Unit, 
EPA Region 1, One Congress Street, Suite 1100 (CHW), Boston, MA 02114-
2023; tel: (617) 918-1647, e-mail: leitch.sharon@epa.gov.

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 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 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 
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 any such requirements and 
prohibitions in Vermont, including issuing permits, until the State is 
granted authorization to do so.

[[Page 36351]]

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 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 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 above. The Federal Register withdrawal document will 
specify which part of the authorization will become effective, and 
which part is being withdrawn.

F. What Has Vermont Previously Been Authorized For?

    The State of Vermont initially received Final authorization on 
January 7, 1985, effective 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.

G. What Changes Are We Authorizing With Today's Action?

    On May 13, 2005, 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 through June 30, 2003, for changes to Vermont's base 
program for which they had been previously authorized, and for the 
extension of the New England Universities' Laboratories project XL 
expiration date. Specifically, we are now authorizing a Vermont 
regulation to extend the XL project expiration date by three years, to 
September 30, 2006. EPA amended its federal regulations so as to allow 
such a state extension through a separate federal rulemaking. See 69 FR 
11811. The Vermont Project XL regulations were originally authorized by 
the EPA and became part of the federally enforceable VT RCRA program on 
October 26, 2000. See 65 FR 64164. The reason for this extension is to 
allow the participating universities, the State and EPA additional time 
to evaluate the project. EPA has received an updated Final Project 
Agreement (FPA) modification which has been signed by the EPA, the 
Vermont Department of Environmental Conservation, and the University of 
Vermont, Burlington.
    We are now making an immediate final decision, subject to receipt 
of written comments that oppose this action, that 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:

------------------------------------------------------------------------
   Description of Federal Requirement
       Checklist Reference Number         Analogous State Authority \1\
------------------------------------------------------------------------
Updated State Regulations
(140) Carbamate Production               No State analog for the
 Identification and Listing of            exclusions included in this
 Hazardous Waste (60 FR 7824, 2/9/95;     checklist; the State is more
 as amended at 60 FR 19165, 4/17/95 and   stringent.
 60 FR 25619, 5/12/95).                  Appendix I, Appendix II,
                                          Appendix III, Appendix IV.
(148) RCRA Expanded Public               Sections: 7-503(b)(5); 7-
 Participation Rule (60 FR 63417, 12/11/  505(b)(3); 7-506(b)(2); 7-
 95).                                     506(f)(2), (3) & (4); 7-511(a)
                                          & (d).
(152) Imports and Exports of Hazardous   Section 7-103 (definition of
 Waste: Implementation of OECD Council    ``generator''); Section 7-107
 Decision (61 FR 16290, 4/12/96).         (10 V.S.A. Sec.  Sec.   6610a,
                                          6612 & 8010/See Checklist II);
                                          Sections 7-109(a), 7-203(r), 7-
                                          204(g), & 301(a)(1), 7-402(b),
                                          7-504(e), & 7-510(c), 7-
                                          705(b)(2), 7-705(c), 7-705(d),
                                          7-706(c), 7-708(c), 7-912(k),
                                          7-913(g), 7-915, and 7-915(d).
(156) Military Munitions Rule (62 FR     Section 7-103; Section 7-103
 6622, 2/12/97).                          (see ``discarded''); Sections
                                          7-105(a)(5), 7-109(a), 7-
                                          109(b)(2), 7-301(c), 7-
                                          401(c)(7), 7-501(d), 7-502(p),
                                          7-504(e), 7-507(f)(1), 7-
                                          510(c), and 7-702(c)(2).
(159) Hazardous Waste Management         Appendix I, Appendix II,
 System; Carbamate Production,            Appendix III, Appendix IV,
 Identification and Listing of            Sections 7-106(a) and 7-
 Hazardous Waste; Land Disposal           109(a).
 Restrictions: Conformance With the
 Carbamate Vacatur (62 FR 32974, 6/17/
 97).

[[Page 36352]]

 
(164) Kraft Mill Steam Stripper          No State analog for this
 Condensate Exclusion (63 FR 18504, 4/    exclusion; the State is more
 15/98).                                  stringent.
(167D) Mineral Processing Secondary      No State analog for this
 Material Exclusion;(63 FR 28556, 5/26/   exclusion; the State is more
 98 and 63 FR 31266, 6/8/98).             stringent.
(167F) Exclusion of Recycled Wood        Sections 7-204(b) & (c).
 Preserving Wastewaters (63 FR 28556, 5/
 26/98 and 63 FR 31266, 6/8/98).
(168) Hazardous Waste Combustors         No State analog for this
 Revised Standards (63 FR 33782, 6/19/    exclusion; the State is more
 98).                                     stringent.
(169) Petroleum Refining Process Wastes  No State analog for the
 (63 FR 42110, 8/6/98).                   exclusions included in this
                                          checklist; the State is more
                                          stringent.
                                         Appendix I, Appendix IX,
                                          Sections 7-106(a), 7-109(a) &
                                          7-109(b)(1).
(178) Petroleum Refining Process         No State analog for this
 Wastes--Leachate Exemption (64 FR        exclusion; the State is more
 6806, 2/11/99).                          stringent.
(181) Universal Waste Rule: Specific     Sections: 7-103; 7-106; 7-
 Provisions for Hazardous Waste Lamps     203(s); 7-502(j); 7-901; 7-
 (64 FR 36466, 7/6/99).                   902; 7-903; 7-904; 7-906(a) &
                                          (b); 7-910(a) & (b); 7-911; 7-
                                          912(a); 7-912(c)(3)(D); 7-
                                          912(c)(3)(E); 7-912(d)(5); 7-
                                          912(e)(6); 7-913(a); 7-
                                          914(a)(1); 7-916(b)(1).
(184) 180-Day Accumulation Time Under    Sections 7-307; 7-308; 7-
 RCRA for Waste Water Treatment Sludges   308(b)(2)(C); 7-308(b)(2)(C)
 From the Metal Finishing Industry (65    ``Note''.
 FR 12378, 3/8/00).
(187) Petroleum Refining Process         Section 7-106(a).
 Wastes-- Clarification (64 FR 36365, 6/
 8/00).
(189) Chlorinated Aliphatics Listing     Sections-106(a) & 109(a),
 and LDRs for Newly identified Wastes     Appendix I, II, IX.
 (65 FR 67068, 11/8/00).
(190) Land Disposal Restrictions Phase   Sections 7-106(a) and 7-109(a).
 IV--Deferral for PCBs in Soil (65 FR
 81373, 12/26/00).
(191) Mixed Waste Rule (66 FR 27218, 5/  Sections 7-103 and 7-109(b)(2).
 16/01).
(192A) Mixture and Derived-From Rules    Sections 7-202(a); 7-202(a)(3);
 Revisions (66 FR 27266, 5/16/01).        7-203(f); 7-203(k).
(192 B) Land Disposal Restrictions:      Sections 7-106 and 7-109(a).
 Correction (66 FR 27266, 5/16/01).
(193) Change of Official EPA Mailing     Sections 7-109(a) and 7-219(d).
 Address; Additional Technical
 Amendments and Corrections (66 FR
 34374, 6/28/01).
(194) Mixture and Derived-From Rules     Sections 7-202(a); 7-203(k) &
 Revisions II (66 FR 50332, 10/3/01).     (k)(2); 7-217.
(195) Inorganic Manufacturing Wastes     No State analog for the
 Identification and Listing (66 FR        exclusions included in this
 58258, 11/20/01; 67 FR 17119, 4/9/02).   Chemical checklist; the State
                                          is more stringent.
                                         Appendix I, Appendix IX,
                                          Sections 7-106(a) and 7-
                                          109(a).
(196) Amendments to the Corrective       Sections 7-103; 7-109(a); and 7-
 Action Management Unit Rule (67 FR       504(e).
 2962, 1/22/02).
(199) Vacatur of Mineral Processing      No State analog for this
 Spent Materials Being Reclaimed as       revision; the State is more
 Solid Wastes and TCLP Use with MGP       stringent.
 Waste (67 FR 11251, 3/13/02).
(200) Zinc Fertilizer Rule (67 FR        No State analog for this
 48393, 7/24/02).                         exclusion; the State is more
                                          stringent.
(201) Treatment Variance for             Sections 7-106(a) and 7-109(a).
 Radioactively Contaminated Batteries
 (67 FR 62618, 10/7/02).
Changes to the State RCRA Base Program
 Regulations
Exempts used oil filters that are        Section 7-203(o)(1)(E).
 crushed and cold drained, in addition
 to hot draining.
Clarifies the recycling exemptions       Section 7-204(a)(2).
 regarding inherently waste-like
 material.
Includes additional requirements for     Section 7-404.
 transporter transfer facilities.
Allows treatment in tanks and            Section 7-502(o).
 containers by generators.
Adds mercury containing devices and      Sections 7-907 and 7-908.
 cathode ray tubes (CRTs) to the
 Universal Waste rule.
Prohibits the intentional breaking or    Section 7-912(b)(2) Note.
 crushing of mercury-containing lamps.
Project XL
Extension of the Project XL Site-        Section 7-109(c).
 specific Rulemaking for University
 Laboratories.
------------------------------------------------------------------------
\1\ State of Vermont's Hazardous Waste Rules, effective October 1, 2004.


    Note: In addition to the regulations listed in the tables above, 
there are various State based program regulations to which the State 
has made minor changes and additions. The EPA is also proposing to 
authorize these minor changes. The final authorization of new State 
regulations and regulation changes is in addition to the previous 
authorization of State regulations, which have not changed and 
remain part of the authorized program.

H. Where Are the Revised State Rules Different From the Federal Rules?

    The most significant differences between the proposed State rules 
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

[[Page 36353]]

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.
    Vermont's regulations are more stringent because they did not adopt 
the exclusions included in the following Federal rules: Carbamate 
Production Identification and Listing of Hazardous Waste; Kraft Mill 
Steam Stripper Condensate Exclusion; Mineral Processing Secondary 
Materials Exclusion; Hazardous Waste Combustors Revised Standards; 
Petroleum Refining Process Wastes; Inorganic Chemical Manufacturing 
Wastes Identification and Listing; and, the Zinc Fertilizer rule. In 
addition, the State did not adopt the following revision: the Vacatur 
of Mineral Processing Spent Materials Being Reclaimed as Solid Wastes 
and TCLP Use with MGP Waste. The State has also added additional 
requirements to their transporter transfer facility regulations which 
include requiring secondary containment for containers. These more 
stringent requirements are part of Vermont's authorized program and are 
federally enforceable.

2. Different but Equivalent Provisions

    Vermont also has some regulations which differ from, but have been 
determined to be equivalent to, the Federal regulations. These State 
regulations will become part of the federally enforceable RCRA program 
when authorized by the EPA. These different but equivalent requirements 
include the following: (1) Vermont has adopted a conditional exemption 
for oil filters in its Rule 7-203(o)(1) which differs from the Federal 
exemption in 40 CFR 261.4(b)(6) by allowing cold draining and crushing 
of the filters whereas the Federal regulation allows only hot draining. 
The State regulation specifies that any cold draining must include 
crushing using a mechanical, pneumatic or hydraulic device designed for 
the purpose of crushing oil filters and effectively removing the oil. 
This State provision will encourage recycling of used oil by enabling 
filters from junked vehicles to be managed in accordance with the 
exemption. Junked vehicles often cannot be started and consequently 
filters removed from those vehicles cannot meet the hot draining 
criteria of the Federal regulation. Vermont presented documentation 
showing that as much or more used oil is removed from used oil filters 
through cold draining plus crushing than is removed by some of the hot 
draining methods allowed in the Federal regulation. Thus, while the 
Vermont exemption differs from the Federal exemption, the State 
regulation is at least as stringent as the Federal regulation in 
requiring the removal of the oil. We believe that the State regulation 
thus is legally equivalent to the Federal regulation, since it is 
equivalent in environmental protectiveness and effect. (2) Vermont also 
has adopted regulations allowing certain kinds of treatment in 
containers and tanks by generators without treatment permits. The 
Vermont regulation is equivalent to the EPA interpretation of the 
Federal regulations that was issued in the following Federal Register 
notice: 51 FR 10168, March 24, 1986. In that rulemaking notice, the EPA 
determined that no permitting would be required if a generator chose to 
treat its waste in the generator's accumulation tanks or containers in 
conformance with the applicable requirements of subpart J or I of part 
265. Also in conformance with Federal guidance, the Vermont regulations 
do not allow thermal treatment by generators without permits. In 
addition, the Vermont regulations do not allow generators to treat 
mercury containing wastes or devices without permits. (3) In addition 
to certain batteries, pesticides, thermostats, and fluorescent lamps, 
Vermont has added mercury containing devices and CRTs to the State's 
universal waste rule. We deem this equivalent because the Federal 
Universal Waste Rule allows States the flexibility to add additional 
hazardous wastes to their State list of universal wastes without 
requiring the waste to be added at the Federal level.

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 continue 
to administer and enforce any RCRA and HSWA (Hazardous and Solid Waste 
Act) permits or portions of permits which it has issued in Vermont 
prior to the effective date of this authorization until the State 
incorporates the terms and conditions of the Federal permits into the 
State RCRA permits. EPA 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 any HSWA requirements for which Vermont 
is not yet authorized.

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 has exempted this action from 
the requirements of Executive Order 12866 (58 FR 51735, October 4, 
1993); therefore, this action is not subject to review by OMB. This 
action authorizes State requirements for the purpose of RCRA section 
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 (Public Law 104-4). For the same reason, 
this action also does not significantly or uniquely affect the 
communities or 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

[[Page 36354]]

regulatory actions under Executive Order 12866.
    Under RCRA section 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 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.).
    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 August 22, 2005, 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, Indians-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 3, 2005.
Ira W. Leighton,
Acting Regional Administrator, EPA New England.
[FR Doc. 05-12454 Filed 6-22-05; 8:45 am]
BILLING CODE 6560-50-P