Michigan: Final Authorization of State Hazardous Waste Management Program Revision, 12141-12145 [06-2012]
Download as PDF
<![CDATA[
12141
Federal Register / Vol. 71, No. 46 / Thursday, March 9, 2006 / Rules and Regulations
EPA APPROVED ALABAMA REGULATIONS
State citation
Title/subject
State effective
date
EPA approval date
Chapter 335–3–3
Control of Open Burning and Incineration
*
*
*
Section 335–3–3–.01 .............. Open Burning .........................
*
*
*
*
*
*
*
*
[FR Doc. 06–2184 Filed 3–8–06; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 271
[EPA–R05–RCRA–2006–0043; FRL–8040–3]
Michigan: Final Authorization of State
Hazardous Waste Management
Program Revision
Environmental Protection
Agency (EPA).
ACTION: Final rule.
hsrobinson on PROD1PC70 with RULES
AGENCY:
SUMMARY: The EPA is granting Michigan
final authorization of the changes to its
hazardous waste management program
under the Resource Conservation and
Recovery Act (RCRA). The Agency
published a proposed rule on November
23, 2005, at 70 FR 70761 and provided
for public comment. The public
comment period ended on December 23,
2005. We received no comments. No
further opportunity for comment will be
provided. EPA has determined that
these changes satisfy all requirements
needed to qualify for final authorization
and is authorizing the State’s changes
through this final action.
EFFECTIVE DATE: This final authorization
will be effective on March 9, 2006.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–RCRA–2006–0043. All
documents in the docket are listed on
the https://www.regulations.gov Web
site. 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, is not placed on
the Internet and will be publicly
available only in hard copy form.
VerDate Aug<31>2005
15:06 Mar 08, 2006
Jkt 208001
Explanation
*
10/2/2003
*
3/9/2006 [Insert citation of
publication].
*
*
Publicly available docket materials are
available either electronically through
https://www.regulations.gov or in hard
copy from 9 a.m. to 4 p.m. at the
following addresses: Michigan
Department of Environmental Quality,
Waste Management Division,
Constitution Hall—Atrium North,
Lansing, Michigan (mailing address P.O.
Box 30241, Lansing, Michigan 48909),
contact Ronda Blayer (517) 353–9548;
and EPA Region 5, contact Judy Feigler
at the following address.
FOR FURTHER INFORMATION CONTACT: Judy
Feigler, Waste, Pesticides and Toxics
Division, Program Management Branch,
State Programs and Authorization
Section, Mail Code DM–7J, U.S.
Environmental Protection Agency, 77
W. Jackson Blvd., Chicago, IL 60604,
(312) 886–4179; fax number (312) 353–
3159; e-mail address:
Feigler.Judith@epa.gov.
*
*
*
We are not acting on the portion of section 2(d) stating
‘‘During 2003 only burning
may be conducted in Morgan County if any air curtain incinerator is used to
burn the materials.’’
*
modified or when certain other changes
occur. Most commonly, states must
change their programs because of EPA’s
changes to its own regulations in 40
Code of Federal Regulations (CFR) parts
124, 260 through 266, 268, 270, 273 and
279.
A. Why Are Revisions to State
Programs Necessary?
B. What Decisions Have We Made in
This Rule?
We conclude that Michigan’s
application to revise its authorized
program meets all of the statutory and
regulatory requirements established by
RCRA. Therefore, we hereby grant
Michigan final authorization to operate
its hazardous waste management
program with the changes described in
the authorization application. Michigan
has responsibility for permitting
treatment, storage, and disposal
facilities (TSDFs) within its borders
(except in Indian country) and for
carrying out the aspects of the RCRA
described in its revised program
application, subject to the limitations of
the Hazardous and Solid Waste
Amendments of 1984 (HSWA). New
federal requirements and prohibitions
imposed by federal regulations that EPA
promulgates under the authority of
HSWA take effect in authorized states
before they are authorized for the
requirements. Thus, EPA will
implement those requirements and
prohibitions in Michigan, including
issuing permits, until the State is
granted authorization to do so.
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
C. What Is the Effect of Today’s
Authorization Decision?
This decision means that a facility in
Michigan subject to RCRA will now
have to comply with the authorized
state requirements (listed in section F of
this document) instead of the equivalent
federal requirements in order to comply
with RCRA. Michigan has enforcement
responsibilities under its state
hazardous waste management program
for violations of such program, but EPA
On
November 23, 2005, EPA published a
proposed rule proposing to grant
Michigan authorization for changes to
its RCRA hazardous waste management
program, listed in Section F of that
notice, which was subject to public
comment. No comments were received.
We hereby determine that Michigan’s
hazardous waste program revisions
satisfy all of the requirements necessary
to qualify for final authorization.
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00021
Fmt 4700
Sfmt 4700
E:\FR\FM\09MRR1.SGM
09MRR1
12142
Federal Register / Vol. 71, No. 46 / Thursday, March 9, 2006 / Rules and Regulations
retains its authority under RCRA
sections 3007, 3008, 3013, and 7003,
which include, among others, the
authority to:
• 1. Do inspections, and require
monitoring, tests, analyses or reports;
• 2. Enforce RCRA requirements and
suspend or revoke permits; and
• 3. Take enforcement actions
regardless of whether the state has taken
its own actions.
This action does not impose
additional requirements on the
regulated community because the
regulations for which Michigan is being
authorized by today’s action are already
effective, and are not changed by today’s
action.
D. Proposed Rule
On November 23, 2005 (70 FR 70761),
EPA published the proposed rule. In
that proposed rule, we proposed
granting authorization of changes to
Michigan’s hazardous waste
management program and opened our
decision to public comment. The
Agency received no comments on this
proposal. EPA found Michigan’s revised
program to be satisfactory.
on February 8, 1996, effective April 8,
1996 (61 FR 4742); on November 14,
1997, effective November 14, 1997 (62
FR 61775); on March 2, 1999, effective
June 1, 1999 (64 FR 10111); and on July
31, 2002, effective July 31, 2002 (67 FR
49617).
E. What Has Michigan Previously Been
Authorized for?
Michigan initially received final
authorization on October 16, 1986,
effective October 30, 1986 (51 FR
36804–36805) to implement the RCRA
hazardous waste management program.
We granted authorization for changes to
Michigan’s program on November 24,
1989, effective January 23, 1990 (54 FR
48608); on January 24, 1991, effective
June 24, 1991 (56 FR 18517); on October
1, 1993, effective November 30, 1993 (58
FR 51244); on January 13, 1995,
effective January 13, 1995 (60 FR 3095);
F. What Changes Are We Authorizing
With Today’s Action?
On September 7, 2005, Michigan
submitted a complete program revision
application seeking authorization of its
changes in accordance with 40 CFR
271.21. We now make a final decision
that Michigan’s hazardous waste
management program revision satisfies
all requirements necessary to qualify for
final authorization. Therefore, we
hereby grant Michigan final
authorization for the following program
changes:
PROGRAM REVISIONS BASED ON FEDERAL RCRA CHANGES
Description of Federal requirement
Checklist No., if
relevant
Federal Register date and page
(and/or RCRA statutory authority)
Analogous state authority
17C
July 15, 1985, 50 FR 28702 ........
R 299.9204(2)(a) and (2)(a)(i)–(ii).
121
February 16, 1993, 58 FR 8658 ..
Waste Water Treatment Sludges
from Metal Finishing Industry;
180-day Accumulation Time.
Organobromine Production Waste
and Petroleum Refining Process Waste: Technical Correction.
NESHAPS: Final Standards for
Hazardous Air Pollutants for
Hazardous Waste Combusters.
Chlorinated Aliphatics Production
Wastes; Land Disposal Restrictions for Newly Identified
Wastes; and CERCLA Hazardous Substance Designation
and Reportable Quantities.
Deferral of Phase IV Standards
for PCBs as a Constituent Subject to Treatment in Soil.
Storage, Treatment, Transportation and Disposal of Mixed
Wastes.
hsrobinson on PROD1PC70 with RULES
HSWA Codification Rule; Household Waste (Resource Recovery Facilities).
Corrective Action Management
Units and Temporary Units.
184
March 8, 2000, 65 FR 12378 .......
R 299.9102(s)
and
(cc),
R 299.9103(r),
R 299.9105(c)(vii), R 299.9105(t), R 299.9107(j),
R 299.9311,
R 299.9413,
R 299.9519(9),
R 299.9601(1), (2)(k) and (l) and (3)(a),
R 299.9627,
R 299.9629(3)(a)
and
(b),
R 299.9635(3),
R 299.9636,
and
R 299.11003(1)(u).
R 299.9306(1)(d) and (7)–(10).
187
June 8, 2000, 65 FR 36365 .........
R 299.9220 and R 299.11003(1)(u).
188, 188.1, 188.2
July 10, 2000, 65 FR 42292; May
14, 2001, 66 FR 24270; July 3,
2001, 66 FR 35087.
November 8, 2000, 65 FR 67068
R 299.9230(2)
and
(3);
R 299.9519(5)(j)(v);
R 299.9623(2),
(3)(b)
and
(11);
and
R 299.11003(1)(n).
R 299.9222, R 299.9311, R 299.9413, R 299.9627,
and R 299.11003(1)(j) and (u).
190
December
81373.
R 299.9311,
R 299.9413,
R 299.11003(1)(u).
191
May 16, 2001, 66 FR 27218 ........
192A
May 16, 2001, 66 FR 27266 ........
192B
May 16, 2001, 66 FR 27266 ........
193
June 28, 2001, 66 FR 34374 .......
Mixture and Derived-From Rules
Revisions.
Land Disposal Restrictions Correction.
Change of EPA Mailing Address;
Additional Technical Amendments and Corrections.
VerDate Aug<31>2005
15:06 Mar 08, 2006
Jkt 208001
189
PO 00000
Frm 00022
26,
Fmt 4700
2000,
Sfmt 4700
65
FR
R 299.9627,
and
R 299.9101(q),
R 299.9102(d)
and
(z),
R 299.9103(d)
and
(k),
R 299.9104,
R 299.9105(b), (j), (k), (v), (w), (z) and (aa),
R 299.9203, R 299.9822(2)–(14), R 299.9823(2)–
(4) and (6)–(12).
R 299.9203(1)(c), (3), (7) and (8).
R 299.9311,
R 299.9413,
R 299.11003(1)(u).
R 299.11005(2).
E:\FR\FM\09MRR1.SGM
09MRR1
R 299.9627,
and
Federal Register / Vol. 71, No. 46 / Thursday, March 9, 2006 / Rules and Regulations
12143
PROGRAM REVISIONS BASED ON FEDERAL RCRA CHANGES—Continued
Description of Federal requirement
Checklist No., if
relevant
Correction to the Hazardous
Waste
Identification
Rule
(HWIR): Revisions to the Mixture and Derived-From Rules.
Inorganic Chemical Manufacturing
Wastes Information and Listing.
Federal Register date and page
(and/or RCRA statutory authority)
Analogous state authority
194
October 3, 2001, 66 FR 50332 ....
R 299.9203(1)(c) and (7)(c).
195, 195.1
R 299.9204(2)(o),
R 299.9222,
R 299.9311,
R 299.9413, R 299.9627, and R 299.11003(1)(j)
and (u).
R 299.9102(s) and (t), R 299.9107(j), R 299.9635,
R 299.9638, and R 299.9639.
R 299.9504(4), (15) and (20), R 299.9508(1)(b),
R 299.9601(2)(i)
and
(7),
R 299.9623,
R 299.9640, R 299.9808(4), (7) and (9),
R 299.11003(1)(v).
R 299.9519(5)(j)(v), R 299.9808(2), (3), (4), (7) and
(9); and R 299.11003(1)(r).
CAMU Amendments .....................
196
November 20, 2001, 66 FR
58258; April 9, 2002, 67 FR
17119.
January 22, 2002, 67 FR 2962 ....
Hazardous Air Pollutant Standards for Combusters: Interim
Standards.
197
February 13, 2002, 67 FR 6792 ..
Hazardous Air Pollutant Standards for Combusters; Corrections.
Vacatur of Mineral Processing
Spent Materials Being Reclaimed as Solid Wastes and
TCLP Use with MGP Waste.
Zinc Fertilizers Made From Recycled Hazardous Secondary Materials.
Land Disposal Restrictions: National Treatment Variance to
Designate New Treatment Subcategories for Radioactively
Contaminated Cadmium-, Mercury-, and Silver-Containing
Batteries.
NESHAP: Standards for Hazardous Air Pollutants for Hazardous Waste Combusters:
Corrections.
Recycled Used Oil Management
Standards.
198
February 14, 2002, 67 FR 6968 ..
199
March 13, 2002, 67 FR 11251 .....
R 299.9202(1)(b)(iii),
R 299.9212(4).
200
July 24, 2002, 67 FR 48393 ........
201
October 7, 2002, 67 FR 62618 ....
R 299.9204(1)(x) and (y), R 299.9311, R 299.9413,
R 299.9627, R 299.9801(3) and (5), and
R 299.11003(1)(u).
R 299.9311,
R 299.9413,
R 299.9627,
and
R 299.11003(1)(u).
202
December
77687.
FR
R 299.9504(4) and (15) and R 299.9508(1)(b),
R 299.9623(8), and R 299.9808(7) and (9).
203
July 30, 2003, 68 FR 44659 ........
R 299.9205(8), R 299.9809 (1)(e) and (2)(p), and
R 299.9815(1)(b) and (3)(f).
19,
2002,
67
R 299.9204(1)(v),
STATE-INITIATED MODIFICATIONS
hsrobinson on PROD1PC70 with RULES
State requirement
Effective date
MAC R 299.9205(4) ...........................................
MAC R 299.9206(3) ...........................................
MAC R 299.9206(3)(g) ......................................
MAC R 299.9207(3) ...........................................
MAC R 299.9212(1), (2), and (3) ......................
MAC R 299.9215(3) ...........................................
MAC R 299.9303(4) ...........................................
MAC R 299.9304(2)(h) and (4)(c) .....................
MAC R 299.9304(6) ...........................................
MAC R 299.9306(1)(e) and (f) ...........................
MAC R 299.9307(5)–(7) ....................................
MAC R 299.9401 ...............................................
MAC R 299.9404 ...............................................
MAC R 299.9410(1) and (3) ..............................
MAC R 299.9503(1)(i) and (k) and (5) ..............
MAC R 299.9508(1)(f) .......................................
MAC R 299.9514(1) and (2)(c) ..........................
MAC R 299.9516(3) ...........................................
MAC R 299.9611(4) ...........................................
MAC R 299.9629(3)(a)(ii) and (iii) and (3)(b)(ii)
and (iii).
MAC R 299.9633 ...............................................
MAC R 299.9701(2) (removal) and (3) renumbered as (2).
MAC R 299.9713(6) and (7) ..............................
MAC R 299.11004(4) .........................................
MAC R 299.11007(2) .........................................
MAC R 299.11008(2) .........................................
October 15, 1996 .............................................
September 11, 2000 ........................................
September 11, 2000 ........................................
June 21, 1994 ..................................................
October 15, 1996 .............................................
April 20, 1988 ...................................................
September 22, 1998 ........................................
October 15, 1996 .............................................
October 15, 1996 .............................................
October 15, 1996 .............................................
September 22, 1998 ........................................
October 15, 1996 .............................................
October 15, 1996 .............................................
October 15, 1996 .............................................
October 15, 1996 .............................................
October 15, 1996 .............................................
September 22, 1998 ........................................
October 15, 1996 .............................................
October 15, 1996 .............................................
September 11, 2000 ........................................
40 CFR
40 CFR
40 CFR
40 CFR
40 CFR
40 CFR
40 CFR
40 CFR
None.
40 CFR
40 CFR
40 CFR
40 CFR
40 CFR
40 CFR
40 CFR
40 CFR
40 CFR
None.
40 CFR
October 15, 1996 .............................................
September 11, 2000 ........................................
40 CFR 260.10, definition of ‘‘treatment’’.
40 CFR 264.140(a) and (c).
October 15, 1996 .............................................
September 11, 2000 ........................................
September 11, 2000 ........................................
September 11, 2000 ........................................
40 CFR 264.101(b).
40 CFR part 263.
None.
None.
VerDate Aug<31>2005
15:06 Mar 08, 2006
Jkt 208001
PO 00000
Frm 00023
Fmt 4700
Sfmt 4700
Federal analog
E:\FR\FM\09MRR1.SGM
261.5 and 262.34.
261.6(a)(3).
261.6(1)(2).
261.7(b)(1)(i).
261.21, 261.22, and 261.23.
261.21(c).
262.12(b) and 270.11.
262.20.
262.34(a)(1).
262.40(c).
263.10.
263.12.
263.30 and 263.31.
262.34.
270.14(b)(17).
124.12.
270.50.
264.90(a) and 264.101(b).
09MRR1
and
12144
Federal Register / Vol. 71, No. 46 / Thursday, March 9, 2006 / Rules and Regulations
G. Where Are the Revised State Rules
Different From the Federal Rules?
hsrobinson on PROD1PC70 with RULES
Michigan hazardous waste
management regulations are more
stringent than the corresponding federal
regulations in a number of different
areas. The more stringent provisions are
being recognized as a part of the
federally-authorized program and are
federally enforceable. More stringent
provisions in the state’s authorization
application include, but are not limited
to, the following:
1. At MAC R 299.9203(7)(a) and (c),
Michigan’s exclusion differs from the
corresponding federal counterpart at 40
CFR 261.3(g)(2)(i) in that the exclusion
only applies to mixtures generated as a
result of a cleanup conducted at the
individual site of generation pursuant to
parts 31, 111, 201, or 213 of Michigan’s
Act 451 (1994 PA 451, MCL 324.101,
known as the natural resources and
environmental protection act), or
CERCLA.
2. At R 299.9306(7)(d)(i) and (ii) and
(g), Michigan’s rules contain
containment, inspection, recordkeeping
and emergency requirements that are
not found in the federal counterpart at
40 CFR 262.34(g)(4)(i)(A) and (B) and
(g)(4)(v), respectively.
3. At R 299.9306(7)(d)(i) and (ii),
Michigan provides for management in
containers and tanks, respectively, if
certain conditions are met. However,
Michigan does not allow use of
containment buildings, as does 40 CFR
262.34(g)(4)(i)(C), (i.e., Michigan’s rules
do not have an analog to 40 CFR
262.34(g)(4)(i)(C)).
4. At R 299.9639(5)(e), Michigan does
not allow permits as a shield as does the
federal counterpart at 40 CFR
264.555(e)(5).
We consider the following state
requirements to be beyond the scope of
the federal program, though this list
may not be exhaustive:
At R 299.9104 and R 299.9203,
Michigan regulates more hazardous
wastes than the federal counterpart at 40
CFR 266.210. The hazardous wastes that
are regulated by Michigan but not by
EPA are broader-in-scope requirements.
Broader-in-scope requirements are not
part of the authorized program and EPA
cannot enforce them. Although you
must comply with these requirements in
accordance with state law, they are not
RCRA requirements.
H. Who Handles Permits After the
Authorization Takes Effect?
Michigan will issue permits for all the
provisions for which it is authorized
and will administer the permits it
issues. EPA will continue to administer
VerDate Aug<31>2005
15:06 Mar 08, 2006
Jkt 208001
any RCRA hazardous waste permits or
portions of permits which we issued
prior to the effective date of this
authorization, until they expire or are
terminated. We will not issue any more
new permits or new portions of permits
for the provisions listed in the Table
above after the effective date of this
authorization. EPA will continue to
implement and issue permits for HSWA
requirements for which Michigan is not
yet authorized.
I. How Does Today’s Action Affect
Indian Country (18 U.S.C. 1151) in
Michigan?
Michigan is not authorized to carry
out its hazardous waste program in
Indian country within the state, as
defined in 18 U.S.C. 1151. This
includes:
1. All lands within the exterior
boundaries of Indian reservations
within the State of Michigan;
2. Any land held in trust by the U.S.
for an Indian tribe; and
3. Any other land, whether on or off
an Indian reservation that qualifies as
Indian country.
EPA will continue to implement and
administer the RCRA program in Indian
country. It is EPA’s long-standing
position that the term ‘‘Indian lands’’
used in past Michigan hazardous waste
approvals is synonymous with the term
‘‘Indian country.’’ Washington Dep’t of
Ecology v. U.S. EPA, 752 F.2d 1465,
1467, n.1 (9th Cir. 1985). See 40 CFR
144.3 and 258.2.
J. What Is Codification and Is EPA
Codifying Michigan’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. Michigan’s rules, up to
and including those revised October 19,
1991, have previously been codified
through incorporation-by-reference
effective April 24, 1989 (54 FR 7421,
February 21, 1989); as amended
effective March 31, 1992 (57 FR 3724,
January 31, 1992). We reserve the
amendment of 40 CFR part 272, subpart
X, for the codification of Michigan’s
program changes until a later date.
K. Statutory and Executive Order
Reviews
This rule only authorizes hazardous
waste requirements pursuant to RCRA
3006 and does not impose requirements
other than those already imposed by
state law (see SUPPLEMENTARY
INFORMATION, Section A. Why Are
PO 00000
Frm 00024
Fmt 4700
Sfmt 4700
Revisions to State Programs Necessary?;
and Section C. What is the Effect of
Today’s Authorization Decision?).
Therefore, this rule complies with
applicable executive orders and
statutory provisions as follows:
1. Executive Order 12866: Regulatory
Planning Review
The Office of Management and Budget
has exempted this rule from its review
under Executive Order 12866 (58 FR
51735, October 4, 1993).
2. Paperwork Reduction Act
This rule does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.).
3. Regulatory Flexibility Act
After considering the economic
impacts of today’s rule on small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.), I certify that this rule
will not have a significant economic
impact on a substantial number of small
entities.
4. Unfunded Mandates Reform Act
Because this rule approves 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).
5. Executive Order 13132: Federalism
Executive Order 13132 (64 FR 43255,
August 10, 1999) does not apply to this
rule because it will not have federalism
implications (i.e., substantial direct
effects on the states, on the relationship
between the national government and
the states, or on the distribution of
power and responsibilities among the
various levels of government).
6. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
Executive Order 13175 (65 FR 67249,
November 9, 2000) does not apply to
this rule because it will not have tribal
implications (i.e., substantial direct
effects on one or more Indian tribes, or
on the relationship between the federal
government and Indian tribes, or on the
distribution of power and
responsibilities between the federal
government and Indian tribes.)
7. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
This rule is not subject to Executive
Order 13045 (62 FR 19885, April 23,
E:\FR\FM\09MRR1.SGM
09MRR1
Federal Register / Vol. 71, No. 46 / Thursday, March 9, 2006 / Rules and Regulations
1997) because it is not economically
significant and it is not based on
environmental health or safety risks.
8. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
This rule is not subject to Executive
Order 13211 (66 FR 28355, May 22,
2001) because it is not a significant
regulatory action as defined in
Executive Order 12866.
BILLING CODE 6560–50–P
EPA approves state programs as long
as they met criteria required by RCRA,
so it would be inconsistent with
applicable law for EPA, in its review of
a state program, to require the use of any
particular voluntary consensus standard
in place of another standard that meets
requirements of RCRA. Thus, the
requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply to this rule.
10. Executive Order 12988
As required by section 3 of Executive
Order 12988 (61 FR 4729, February 7,
1996), in issuing this rule, EPA has
taken the necessary steps to eliminate
drafting errors and ambiguity, minimize
potential litigation, and provide a clear
legal standard for affected conduct.
11. Executive Order 12630: Evaluation
of Risk and Avoidance of Unanticipated
Takings
EPA has complied with Executive
Order 12630 (53 FR 8859, March 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.
12. Congressional Review Act
hsrobinson on PROD1PC70 with RULES
EPA will submit a report containing
this rule and other information required
by the Congressional Review Act (5
U.S.C. 801 et seq.) to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication in the
Federal Register. A major rule cannot
take effect until 60 days after it is
published in the Federal Register. This
action is not a ‘‘major rule’’ as defined
by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 271
Environmental protection,
Administrative practice and procedure,
Confidential business information,
Hazardous materials transportation,
15:06 Mar 08, 2006
Jkt 208001
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: February 21, 2006.
Bharat Mathur,
Acting Regional Administrator, Region 5.
[FR Doc. 06–2012 Filed 3–8–06; 8:45 am]
9. National Technology Transfer
Advancement Act
VerDate Aug<31>2005
Hazardous waste, Indians-lands,
Intergovernmental relations, Penalties,
Reporting and recordkeeping
requirements.
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
49 CFR Part 571
[Docket No. NHTSA–2006–23848]
RIN 2127–AJ84
Federal Motor Vehicle Safety
Standards; Head Restraints
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Final rule; partial response to
petitions for reconsideration.
AGENCY:
SUMMARY: This document responds, in
part, to petitions for reconsideration of
the December 2004 final rule amending
our head restraints standard. The
amended standard contains new
requirements applicable to head
restraints voluntarily installed in rear
outboard designated seating positions.
Because of the time constraints faced by
vehicle manufacturers in certifying
voluntarily installed rear outboard head
restraints to the new requirements, we
are bifurcating our response. This
document addresses those issues we feel
are most time sensitive. In particular,
we are responding to those petitions
asking the agency to delay the
application of the new requirements to
voluntarily installed rear outboard head
restraints. This final rule delays the date
on which the manufacturers must
comply with the requirements
applicable to head restraints voluntarily
installed in rear outboard designated
seating positions from September 1,
2008 until September 1, 2010. The
remaining petitions for reconsideration
will be addressed in a separate notice.
DATES: Effective Date: The amendments
made in this rule are effective May 8,
2006.
Petitions: Petitions for reconsideration
of the amendments made by this rule
must be received by April 24, 2006.
PO 00000
Frm 00025
Fmt 4700
Sfmt 4700
12145
Petitions for reconsideration
should refer to the docket and notice
number of this document and be
submitted to: Administrator, National
Highway Traffic Safety Administration,
400 Seventh Street, SW., Washington,
DC 20590.
FOR FURTHER INFORMATION CONTACT: For
non-legal issues, you may contact David
Sutula of the Office of Crashworthiness
Standards, Light Duty Vehicle Division,
NVS–112, (Phone: (202) 366–3273; Fax:
(202) 366–4329; E-mail:
David.Sutula@nhtsa.dot.gov).
For legal issues, you may contact
George Feygin of the Office of Chief
Counsel, NCC–112, (Phone: (202) 366–
2992; Fax (202) 366–3820; E-mail:
George.Feygin@nhtsa.dot.gov).
You may send mail to both of these
officials at the National Highway Traffic
Safety Administration, 400 7th Street,
SW., Washington, DC 20590.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
Table of Contents
I. Background
II. Petitions for Reconsideration
III. Response to Rear Seat Lead-time Issues in
Petitions
IV. Regulatory Analyses and Notices
I. Background
On December 14, 2004, we published
in the Federal Register a final rule
(December 2004 final rule) upgrading
Federal Motor Vehicle Safety Standard
(FMVSS) No. 202, ‘‘Head restraints.’’ 1
The standard, which seeks to reduce
whiplash injuries in rear collisions, was
upgraded to provide better whiplash
protection for a wider range of
occupants. For front seats, the final rule
established a higher minimum height
requirement, a requirement limiting the
distance between the back of an
occupant’s head and the occupant’s
head restraint (backset), as well as a
limit on the size of gaps and openings
within head restraints. There were also
new requirements for height, strength,
position retention, and energy
absorption. In addition, the final rule
established new requirements for head
restraints voluntarily installed in rear
outboard designated seating positions,
and added certain requirements specific
to rear head restraints capable of folding
or retracting into a ‘‘non-use position’’
to accommodate stowable rear seats, or
to increase rearward visibility. The
upgraded provisions were designated
FMVSS No. 202a.
In response to the final rule, vehicle
manufacturers expressed concern that
adoption of the rear seat head restraint
requirements would reduce vehicle
1 See
E:\FR\FM\09MRR1.SGM
69 FR 74848.
09MRR1
]]>Agencies
[Federal Register Volume 71, Number 46 (Thursday, March 9, 2006)]
[Rules and Regulations]
[Pages 12141-12145]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-2012]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[EPA-R05-RCRA-2006-0043; FRL-8040-3]
Michigan: Final Authorization of State Hazardous Waste Management
Program Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The EPA is granting Michigan final authorization of the
changes to its hazardous waste management program under the Resource
Conservation and Recovery Act (RCRA). The Agency published a proposed
rule on November 23, 2005, at 70 FR 70761 and provided for public
comment. The public comment period ended on December 23, 2005. We
received no comments. No further opportunity for comment will be
provided. EPA has determined that these changes satisfy all
requirements needed to qualify for final authorization and is
authorizing the State's changes through this final action.
EFFECTIVE DATE: This final authorization will be effective on March 9,
2006.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-RCRA-2006-0043. All documents in the docket are listed on
the https://www.regulations.gov Web site. 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, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either electronically through
https://www.regulations.gov or in hard copy from 9 a.m. to 4 p.m. at the
following addresses: Michigan Department of Environmental Quality,
Waste Management Division, Constitution Hall--Atrium North, Lansing,
Michigan (mailing address P.O. Box 30241, Lansing, Michigan 48909),
contact Ronda Blayer (517) 353-9548; and EPA Region 5, contact Judy
Feigler at the following address.
FOR FURTHER INFORMATION CONTACT: Judy Feigler, Waste, Pesticides and
Toxics Division, Program Management Branch, State Programs and
Authorization Section, Mail Code DM-7J, U.S. Environmental Protection
Agency, 77 W. Jackson Blvd., Chicago, IL 60604, (312) 886-4179; fax
number (312) 353-3159; e-mail address: Feigler.Judith@epa.gov.
SUPPLEMENTARY INFORMATION: On November 23, 2005, EPA published a
proposed rule proposing to grant Michigan authorization for changes to
its RCRA hazardous waste management program, listed in Section F of
that notice, which was subject to public comment. No comments were
received. We hereby determine that Michigan's hazardous waste program
revisions satisfy all of the requirements necessary to qualify for
final authorization.
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 EPA's
changes to its own 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 Michigan's application to revise its authorized
program meets all of the statutory and regulatory requirements
established by RCRA. Therefore, we hereby grant Michigan final
authorization to operate its hazardous waste management program with
the changes described in the authorization application. Michigan has
responsibility for permitting treatment, storage, and disposal
facilities (TSDFs) within its borders (except in Indian country) and
for carrying out the aspects of the RCRA described in its revised
program application, subject to the limitations of the Hazardous and
Solid Waste Amendments of 1984 (HSWA). New federal requirements and
prohibitions imposed by federal regulations that EPA promulgates under
the authority of HSWA take effect in authorized states before they are
authorized for the requirements. Thus, EPA will implement those
requirements and prohibitions in Michigan, including issuing permits,
until the State is granted authorization to do so.
C. What Is the Effect of Today's Authorization Decision?
This decision means that a facility in Michigan subject to RCRA
will now have to comply with the authorized state requirements (listed
in section F of this document) instead of the equivalent federal
requirements in order to comply with RCRA. Michigan has enforcement
responsibilities under its state hazardous waste management program for
violations of such program, but EPA
[[Page 12142]]
retains its authority under RCRA sections 3007, 3008, 3013, and 7003,
which include, among others, the authority to:
1. Do inspections, and require monitoring, tests, analyses
or reports;
2. Enforce RCRA requirements and suspend or revoke
permits; and
3. Take enforcement actions regardless of whether the
state has taken its own actions.
This action does not impose additional requirements on the
regulated community because the regulations for which Michigan is being
authorized by today's action are already effective, and are not changed
by today's action.
D. Proposed Rule
On November 23, 2005 (70 FR 70761), EPA published the proposed
rule. In that proposed rule, we proposed granting authorization of
changes to Michigan's hazardous waste management program and opened our
decision to public comment. The Agency received no comments on this
proposal. EPA found Michigan's revised program to be satisfactory.
E. What Has Michigan Previously Been Authorized for?
Michigan initially received final authorization on October 16,
1986, effective October 30, 1986 (51 FR 36804-36805) to implement the
RCRA hazardous waste management program. We granted authorization for
changes to Michigan's program on November 24, 1989, effective January
23, 1990 (54 FR 48608); on January 24, 1991, effective June 24, 1991
(56 FR 18517); on October 1, 1993, effective November 30, 1993 (58 FR
51244); on January 13, 1995, effective January 13, 1995 (60 FR 3095);
on February 8, 1996, effective April 8, 1996 (61 FR 4742); on November
14, 1997, effective November 14, 1997 (62 FR 61775); on March 2, 1999,
effective June 1, 1999 (64 FR 10111); and on July 31, 2002, effective
July 31, 2002 (67 FR 49617).
F. What Changes Are We Authorizing With Today's Action?
On September 7, 2005, Michigan submitted a complete program
revision application seeking authorization of its changes in accordance
with 40 CFR 271.21. We now make a final decision that Michigan's
hazardous waste management program revision satisfies all requirements
necessary to qualify for final authorization. Therefore, we hereby
grant Michigan final authorization for the following program changes:
Program Revisions Based on Federal RCRA Changes
----------------------------------------------------------------------------------------------------------------
Federal Register date and
Description of Federal requirement Checklist No., if page (and/or RCRA Analogous state authority
relevant statutory authority)
----------------------------------------------------------------------------------------------------------------
HSWA Codification Rule; Household Waste 17C July 15, 1985, 50 FR R 299.9204(2)(a) and
(Resource Recovery Facilities). 28702. (2)(a)(i)-(ii).
Corrective Action Management Units and 121 February 16, 1993, 58 FR R 299.9102(s) and (cc), R
Temporary Units. 8658. 299.9103(r), R
299.9105(c)(vii), R
299.9105(t), R
299.9107(j), R 299.9311,
R 299.9413, R
299.9519(9), R
299.9601(1), (2)(k) and
(l) and (3)(a), R
299.9627, R
299.9629(3)(a) and (b),
R 299.9635(3), R
299.9636, and R
299.11003(1)(u).
Waste Water Treatment Sludges from 184 March 8, 2000, 65 FR R 299.9306(1)(d) and (7)-
Metal Finishing Industry; 180-day 12378. (10).
Accumulation Time.
Organobromine Production Waste and 187 June 8, 2000, 65 FR 36365 R 299.9220 and R
Petroleum Refining Process Waste: 299.11003(1)(u).
Technical Correction.
NESHAPS: Final Standards for Hazardous 188, 188.1, 188.2 July 10, 2000, 65 FR R 299.9230(2) and (3); R
Air Pollutants for Hazardous Waste 42292; May 14, 2001, 66 299.9519(5)(j)(v); R
Combusters. FR 24270; July 3, 2001, 299.9623(2), (3)(b) and
66 FR 35087. (11); and R
299.11003(1)(n).
Chlorinated Aliphatics Production 189 November 8, 2000, 65 FR R 299.9222, R 299.9311, R
Wastes; Land Disposal Restrictions for 67068. 299.9413, R 299.9627,
Newly Identified Wastes; and CERCLA and R 299.11003(1)(j)
Hazardous Substance Designation and and (u).
Reportable Quantities.
Deferral of Phase IV Standards for PCBs 190 December 26, 2000, 65 FR R 299.9311, R 299.9413, R
as a Constituent Subject to Treatment 81373. 299.9627, and R
in Soil. 299.11003(1)(u).
Storage, Treatment, Transportation and 191 May 16, 2001, 66 FR 27218 R 299.9101(q), R
Disposal of Mixed Wastes. 299.9102(d) and (z), R
299.9103(d) and (k), R
299.9104, R 299.9105(b),
(j), (k), (v), (w), (z)
and (aa), R 299.9203, R
299.9822(2)-(14), R
299.9823(2)-(4) and (6)-
(12).
Mixture and Derived-From Rules 192A May 16, 2001, 66 FR 27266 R 299.9203(1)(c), (3),
Revisions. (7) and (8).
Land Disposal Restrictions Correction.. 192B May 16, 2001, 66 FR 27266 R 299.9311, R 299.9413, R
299.9627, and R
299.11003(1)(u).
Change of EPA Mailing Address; 193 June 28, 2001, 66 FR R 299.11005(2).
Additional Technical Amendments and 34374.
Corrections.
[[Page 12143]]
Correction to the Hazardous Waste 194 October 3, 2001, 66 FR R 299.9203(1)(c) and
Identification Rule (HWIR): Revisions 50332. (7)(c).
to the Mixture and Derived-From Rules.
Inorganic Chemical Manufacturing Wastes 195, 195.1 November 20, 2001, 66 FR R 299.9204(2)(o), R
Information and Listing. 58258; April 9, 2002, 67 299.9222, R 299.9311, R
FR 17119. 299.9413, R 299.9627,
and R 299.11003(1)(j)
and (u).
CAMU Amendments........................ 196 January 22, 2002, 67 FR R 299.9102(s) and (t), R
2962. 299.9107(j), R 299.9635,
R 299.9638, and R
299.9639.
Hazardous Air Pollutant Standards for 197 February 13, 2002, 67 FR R 299.9504(4), (15) and
Combusters: Interim Standards. 6792. (20), R 299.9508(1)(b),
R 299.9601(2)(i) and
(7), R 299.9623, R
299.9640, R 299.9808(4),
(7) and (9), R
299.11003(1)(v).
Hazardous Air Pollutant Standards for 198 February 14, 2002, 67 FR R 299.9519(5)(j)(v), R
Combusters; Corrections. 6968. 299.9808(2), (3), (4),
(7) and (9); and R
299.11003(1)(r).
Vacatur of Mineral Processing Spent 199 March 13, 2002, 67 FR R 299.9202(1)(b)(iii), R
Materials Being Reclaimed as Solid 11251. 299.9204(1)(v), and R
Wastes and TCLP Use with MGP Waste. 299.9212(4).
Zinc Fertilizers Made From Recycled 200 July 24, 2002, 67 FR R 299.9204(1)(x) and (y),
Hazardous Secondary Materials. 48393. R 299.9311, R 299.9413,
R 299.9627, R
299.9801(3) and (5), and
R 299.11003(1)(u).
Land Disposal Restrictions: National 201 October 7, 2002, 67 FR R 299.9311, R 299.9413, R
Treatment Variance to Designate New 62618. 299.9627, and R
Treatment Subcategories for 299.11003(1)(u).
Radioactively Contaminated Cadmium-,
Mercury-, and Silver-Containing
Batteries.
NESHAP: Standards for Hazardous Air 202 December 19, 2002, 67 FR R 299.9504(4) and (15)
Pollutants for Hazardous Waste 77687. and R 299.9508(1)(b), R
Combusters: Corrections. 299.9623(8), and R
299.9808(7) and (9).
Recycled Used Oil Management Standards. 203 July 30, 2003, 68 FR R 299.9205(8), R 299.9809
44659. (1)(e) and (2)(p), and R
299.9815(1)(b) and
(3)(f).
----------------------------------------------------------------------------------------------------------------
State-Initiated Modifications
------------------------------------------------------------------------
State requirement Effective date Federal analog
------------------------------------------------------------------------
MAC R 299.9205(4)............... October 15, 1996.. 40 CFR 261.5 and
262.34.
MAC R 299.9206(3)............... September 11, 2000 40 CFR
261.6(a)(3).
MAC R 299.9206(3)(g)............ September 11, 2000 40 CFR
261.6(1)(2).
MAC R 299.9207(3)............... June 21, 1994..... 40 CFR
261.7(b)(1)(i).
MAC R 299.9212(1), (2), and (3). October 15, 1996.. 40 CFR 261.21,
261.22, and
261.23.
MAC R 299.9215(3)............... April 20, 1988.... 40 CFR 261.21(c).
MAC R 299.9303(4)............... September 22, 1998 40 CFR 262.12(b)
and 270.11.
MAC R 299.9304(2)(h) and (4)(c). October 15, 1996.. 40 CFR 262.20.
MAC R 299.9304(6)............... October 15, 1996.. None.
MAC R 299.9306(1)(e) and (f).... October 15, 1996.. 40 CFR
262.34(a)(1).
MAC R 299.9307(5)-(7)........... September 22, 1998 40 CFR 262.40(c).
MAC R 299.9401.................. October 15, 1996.. 40 CFR 263.10.
MAC R 299.9404.................. October 15, 1996.. 40 CFR 263.12.
MAC R 299.9410(1) and (3)....... October 15, 1996.. 40 CFR 263.30 and
263.31.
MAC R 299.9503(1)(i) and (k) and October 15, 1996.. 40 CFR 262.34.
(5).
MAC R 299.9508(1)(f)............ October 15, 1996.. 40 CFR
270.14(b)(17).
MAC R 299.9514(1) and (2)(c).... September 22, 1998 40 CFR 124.12.
MAC R 299.9516(3)............... October 15, 1996.. 40 CFR 270.50.
MAC R 299.9611(4)............... October 15, 1996.. None.
MAC R 299.9629(3)(a)(ii) and September 11, 2000 40 CFR 264.90(a)
(iii) and (3)(b)(ii) and (iii). and 264.101(b).
MAC R 299.9633.................. October 15, 1996.. 40 CFR 260.10,
definition of
``treatment''.
MAC R 299.9701(2) (removal) and September 11, 2000 40 CFR 264.140(a)
(3) renumbered as (2). and (c).
MAC R 299.9713(6) and (7)....... October 15, 1996.. 40 CFR 264.101(b).
MAC R 299.11004(4).............. September 11, 2000 40 CFR part 263.
MAC R 299.11007(2).............. September 11, 2000 None.
MAC R 299.11008(2).............. September 11, 2000 None.
------------------------------------------------------------------------
[[Page 12144]]
G. Where Are the Revised State Rules Different From the Federal Rules?
Michigan hazardous waste management regulations are more stringent
than the corresponding federal regulations in a number of different
areas. The more stringent provisions are being recognized as a part of
the federally-authorized program and are federally enforceable. More
stringent provisions in the state's authorization application include,
but are not limited to, the following:
1. At MAC R 299.9203(7)(a) and (c), Michigan's exclusion differs
from the corresponding federal counterpart at 40 CFR 261.3(g)(2)(i) in
that the exclusion only applies to mixtures generated as a result of a
cleanup conducted at the individual site of generation pursuant to
parts 31, 111, 201, or 213 of Michigan's Act 451 (1994 PA 451, MCL
324.101, known as the natural resources and environmental protection
act), or CERCLA.
2. At R 299.9306(7)(d)(i) and (ii) and (g), Michigan's rules
contain containment, inspection, recordkeeping and emergency
requirements that are not found in the federal counterpart at 40 CFR
262.34(g)(4)(i)(A) and (B) and (g)(4)(v), respectively.
3. At R 299.9306(7)(d)(i) and (ii), Michigan provides for
management in containers and tanks, respectively, if certain conditions
are met. However, Michigan does not allow use of containment buildings,
as does 40 CFR 262.34(g)(4)(i)(C), (i.e., Michigan's rules do not have
an analog to 40 CFR 262.34(g)(4)(i)(C)).
4. At R 299.9639(5)(e), Michigan does not allow permits as a shield
as does the federal counterpart at 40 CFR 264.555(e)(5).
We consider the following state requirements to be beyond the scope
of the federal program, though this list may not be exhaustive:
At R 299.9104 and R 299.9203, Michigan regulates more hazardous
wastes than the federal counterpart at 40 CFR 266.210. The hazardous
wastes that are regulated by Michigan but not by EPA are broader-in-
scope requirements.
Broader-in-scope requirements are not part of the authorized
program and EPA cannot enforce them. Although you must comply with
these requirements in accordance with state law, they are not RCRA
requirements.
H. Who Handles Permits After the Authorization Takes Effect?
Michigan will issue permits for all the provisions for which it is
authorized and will administer the permits it issues. EPA will continue
to administer any RCRA hazardous waste permits or portions of permits
which we issued prior to the effective date of this authorization,
until they expire or are terminated. We will not issue any more new
permits or new portions of permits for the provisions listed in the
Table above after the effective date of this authorization. EPA will
continue to implement and issue permits for HSWA requirements for which
Michigan is not yet authorized.
I. How Does Today's Action Affect Indian Country (18 U.S.C. 1151) in
Michigan?
Michigan is not authorized to carry out its hazardous waste program
in Indian country within the state, as defined in 18 U.S.C. 1151. This
includes:
1. All lands within the exterior boundaries of Indian reservations
within the State of Michigan;
2. Any land held in trust by the U.S. for an Indian tribe; and
3. Any other land, whether on or off an Indian reservation that
qualifies as Indian country.
EPA will continue to implement and administer the RCRA program in
Indian country. It is EPA's long-standing position that the term
``Indian lands'' used in past Michigan hazardous waste approvals is
synonymous with the term ``Indian country.'' Washington Dep't of
Ecology v. U.S. EPA, 752 F.2d 1465, 1467, n.1 (9th Cir. 1985). See 40
CFR 144.3 and 258.2.
J. What Is Codification and Is EPA Codifying Michigan'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. Michigan's rules, up to
and including those revised October 19, 1991, have previously been
codified through incorporation-by-reference effective April 24, 1989
(54 FR 7421, February 21, 1989); as amended effective March 31, 1992
(57 FR 3724, January 31, 1992). We reserve the amendment of 40 CFR part
272, subpart X, for the codification of Michigan's program changes
until a later date.
K. Statutory and Executive Order Reviews
This rule only authorizes hazardous waste requirements pursuant to
RCRA 3006 and does not impose requirements other than those already
imposed by state law (see SUPPLEMENTARY INFORMATION, Section A. Why Are
Revisions to State Programs Necessary?; and Section C. What is the
Effect of Today's Authorization Decision?). Therefore, this rule
complies with applicable executive orders and statutory provisions as
follows:
1. Executive Order 12866: Regulatory Planning Review
The Office of Management and Budget has exempted this rule from its
review under Executive Order 12866 (58 FR 51735, October 4, 1993).
2. Paperwork Reduction Act
This rule does not impose an information collection burden under
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
3. Regulatory Flexibility Act
After considering the economic impacts of today's rule on small
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), I
certify that this rule will not have a significant economic impact on a
substantial number of small entities.
4. Unfunded Mandates Reform Act
Because this rule approves pre-existing requirements under state
law and does not impose any additional enforceable duty beyond that
required by state law, it does not contain any unfunded mandate or
significantly or uniquely affect small governments, as described in the
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4).
5. Executive Order 13132: Federalism
Executive Order 13132 (64 FR 43255, August 10, 1999) does not apply
to this rule because it will not have federalism implications (i.e.,
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government).
6. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175 (65 FR 67249, November 9, 2000) does not
apply to this rule because it will not have tribal implications (i.e.,
substantial direct effects on one or more Indian tribes, or on the
relationship between the federal government and Indian tribes, or on
the distribution of power and responsibilities between the federal
government and Indian tribes.)
7. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
This rule is not subject to Executive Order 13045 (62 FR 19885,
April 23,
[[Page 12145]]
1997) because it is not economically significant and it is not based on
environmental health or safety risks.
8. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This rule is not subject to Executive Order 13211 (66 FR 28355, May
22, 2001) because it is not a significant regulatory action as defined
in Executive Order 12866.
9. National Technology Transfer Advancement Act
EPA approves state programs as long as they met criteria required
by RCRA, so it would be inconsistent with applicable law for EPA, in
its review of a state program, to require the use of any particular
voluntary consensus standard in place of another standard that meets
requirements of RCRA. Thus, the requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) do not apply to this rule.
10. Executive Order 12988
As required by section 3 of Executive Order 12988 (61 FR 4729,
February 7, 1996), in issuing this rule, EPA has taken the necessary
steps to eliminate drafting errors and ambiguity, minimize potential
litigation, and provide a clear legal standard for affected conduct.
11. Executive Order 12630: Evaluation of Risk and Avoidance of
Unanticipated Takings
EPA has complied with Executive Order 12630 (53 FR 8859, March 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.
12. Congressional Review Act
EPA will submit a report containing this rule and other information
required by the Congressional Review Act (5 U.S.C. 801 et seq.) to the
U.S. Senate, the U.S. House of Representatives, and the Comptroller
General of the United States prior to publication in the Federal
Register. A major rule cannot take effect until 60 days after it is
published in the Federal Register. This action is not a ``major rule''
as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 271
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous materials transportation,
Hazardous waste, 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: February 21, 2006.
Bharat Mathur,
Acting Regional Administrator, Region 5.
[FR Doc. 06-2012 Filed 3-8-06; 8:45 am]
BILLING CODE 6560-50-P
