Virginia: Final Authorization of State Hazardous Waste Management Program Revision, 18172-18176 [E8-6724]
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DELEGATION STATUS FOR PART 63 STANDARDS—NEVADA—Continued
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1 Nevada
Division of Environmental Protection.
County Air Quality Management Division.
County Department of Air Quality Management.
2 Washoe
3 Clark
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[FR Doc. E8–6919 Filed 4–2–08; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 271
[EPA–RO3–RCRA–2008–0256; FRL–8548–9]
Virginia: Final Authorization of State
Hazardous Waste Management
Program Revision
Environmental Protection
Agency (EPA).
ACTION: Immediate final rule.
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AGENCY:
SUMMARY: Virginia has applied to EPA
for Final authorization of the revisions
of 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 authorizing
the State’s revisions through this
immediate final action. EPA is
publishing this rule to authorize the
revisions 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
Virginia’s changes to its hazardous
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waste program will take effect. If we
receive comments that oppose this
action, we will publish a document in
the Federal Register withdrawing this
rule before it takes effect and a separate
document in the proposed rules section
of this Federal Register will serve as a
proposal to authorize the changes.
DATES: This Final authorization will
become effective on June 2, 2008, unless
EPA receives adverse written comment
by May 5, 2008. 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:
https://www.regulations.gov. Follow the
on-line instructions for submitting
comments.
2. E-mail: Thomas UyBarreta,
uybarreta.thomas@epa.gov.
3. First Class or Overnight Mail:
Thomas UyBarreta, Mailcode 3WC21,
RCRA State Programs Branch, U.S. EPA
Region III, 1650 Arch Street,
Philadelphia, PA 19103–2029.
4. Hand Delivery or Courier. Deliver
your comments to Thomas UyBarreta,
Mailcode 3WC21, RCRA State Programs
Branch, U.S. EPA Region III, 1650 Arch
Street, Philadelphia, PA 19103–2029.
Instructions: We must receive your
comments by May 5, 2008. Please refer
to Docket Number EPA–R03–RCRA–
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2008–0256. Do not submit information
that you consider to be Confidential
Business Information (CBI) or otherwise
protected through regulations.gov, or email. Such comments should be sent via
First Class or overnight mail. The
Federal regulations.gov Web site is an
‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an 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, even if you sent
an e-mail comment directly to EPA, 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 Virginia’s
application and associated publicly
available materials from 8:15 a.m. to
4:30 p.m., Monday through Friday at the
following locations: Virginia
Department of Environmental Quality,
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Waste Division, 629 East Main Street,
Richmond, VA 23219, Phone number:
(804) 698–4213, attn: Robert Wickline;
and Virginia Department of
Environmental Quality, West Central
Regional Office, 3019 Peters Creek Road,
Roanoke, VA 24019, Phone number:
(540) 562–6872, attn: Aziz Farahmand;
and EPA Region Library, 2nd Floor,
1650 Arch Street, Philadelphia, PA
19103–2029, Phone number: (215) 814–
5254. Interested persons wanting to
examine these documents should make
an appointment with the office at least
five business days in advance.
FOR FURTHER INFORMATION CONTACT:
Thomas UyBarreta, Mailcode 3WC21,
RCRA State Programs Branch, U.S. EPA
Region III, 1650 Arch Street,
Philadelphia, PA 19103–2029.
Telephone 215–814–2953.
SUPPLEMENTARY INFORMATION:
A. Why are Revisions to 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, States must revise their
programs and ask EPA to authorize the
revisions. Revisions 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
revise their programs because of
revisions to EPA’s regulations in 40
Code of Federal Regulations (CFR) parts
124, 260 through 266, 268, 270, 273 and
279.
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B. What Decisions Have We Made in
This Rule?
We conclude that Virginia’s program
revision application of October 10,
2007, to revise its authorized program
meets all of the statutory and regulatory
requirements established by RCRA.
Therefore, we grant Virginia Final
authorization to operate its hazardous
waste program with the revisions
described in the authorization
application, except as described in
Sections H. 1, 3, and 4 of this immediate
final rule. 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
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
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regulations that EPA promulgates under
the authority of HSWA take effect in
authorized States even before they are
authorized for the requirements. Thus,
EPA will implement those requirements
and prohibitions in Virginia, including
issuing permits, until the State is
granted authorization to do so.
C. What is the Effect of This
Authorization Decision?
The effect of this decision is that a
facility in Virginia subject to RCRA will
have to comply with the authorized
revised State requirements instead of
the equivalent Federal requirements in
order to comply with RCRA. While
Virginia has enforcement
responsibilities under its State
hazardous waste program for violations
of such program, EPA nevertheless
retains its authority under RCRA
sections 3007, 3008, 3013, and 7003,
which include, among others, authority
to:
• Take enforcement actions regardless
of whether the State has taken its own
actions;
• enforce RCRA requirements and
suspend or revoke permits; and
• perform inspections, and require
monitoring, tests, analyses or reports.
This action does not impose
additional requirements on the
regulated community because the
regulations for which Virginia is being
authorized by today’s action are already
effective, and are not changed by today’s
action.
D. Why Wasn’t There a Proposed Rule
Before This Rule?
EPA did not publish a proposal before
today’s rule because we view this as a
routine program change and do not
expect comments that oppose this
approval. We are providing an
opportunity for public comment now. In
addition to this rule, in the proposed
rules section of today’s Federal Register
we are publishing a separate document
that proposes to authorize the State
program changes.
E. What Happens If 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 revised State program on the
proposal mentioned in the previous
paragraph. We will then address all
public comments in a later final rule.
You may not have another opportunity
to comment. If you want to comment on
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18173
this authorization, you must do so at
this time.
If we receive comments that oppose
only the authorization of a particular
revision to the State hazardous waste
program, we will withdraw that part of
this rule but the authorization of the
program revisions 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 Virginia Previously Been
Authorized For?
Initially, Virginia received final
authorization to implement its
hazardous waste management 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);
and July 10, 2006 (71 FR 27216).
G. What Revisions Are We Authorizing
With This Action?
On October 10, 2007, Virginia
submitted a program revision
application, seeking authorization of
revisions to its program in accordance
with 40 CFR 271.21. Virginia’s revision
application includes various regulations
that are equivalent to, and no less
stringent than, revisions to the Federal
hazardous waste program, as published
in the Federal Register from July 1,
2004 through July 19, 2006, as well as
miscellaneous changes to its previously
authorized program. We now make an
immediate final decision, subject to
receipt of written comments that oppose
this action, that Virginia’s hazardous
waste program revisions set forth in its
October 10, 2007 application satisfy all
of the requirements necessary to qualify
for final authorization except as
described in sections H. 1, 3, and 4 of
this immediate final rule. Therefore,
EPA grants Virginia final authorization
for the following program revisions.
Virginia seeks authority to administer
the Federal requirements that are listed
in Table 1. Virginia incorporates by
reference these Federal provisions, in
accordance with the dates specified in
Title 9, Virginia Administrative Code (9
VAC 20–60–18). Table 1 also lists
Virginia’s requirements 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
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of the Virginia program. The regulatory
references are to Title 9, Virginia
Administrative Code (9 VAC) effective
May 22, 2006.
TABLE 1.—VIRGINIA’S ANALOGS TO THE FEDERAL REQUIREMENTS
Description of federal requirement (revision checklists1)
Federal Register
Analogous Virginia authority
RCRA Cluster XV,2 Non-HSWA
National Environmental Performance Track Program;
Corrections, Checklist 204.
69 FR 62217, 10/25/04 ......
Title 9, Virginia Code (9 VAC) §§ 20–60–18 and 20–
60–262 A.
RCRA Cluster XV, HSWA
Identification and Listing of Hazardous Waste; Dyes and/
or Pigments Production Wastes; Land Disposal Restrictions for Newly Identified Wastes; CERCLA Hazardous Substance Designation and Reportable Quantities; Designation of Five Chemicals as Appendix VIII
Constituents; Addition of Four Chemicals to the Treatment Standards of F039 and the Universal Treatment
Standards, Checklist 206.
70 FR 9138, 2/24/05 ..........
9 VAC §§ 20–60–18, 20–60–261 A, and 20–60–268 A.
RCRA Cluster XV, HSWA/Non-HSWA
Modification of the Hazardous Waste Manifest System,
Checklist 207.
70 FR 10776, 3/4/05 ..........
Testing and Monitoring Activities; Final Rule: Methods
Innovation Rule and SW–846 Final Update IIIB,
Checklist 208.
Modification of the Hazardous Waste Manifest System,
Checklist 207.
Methods Innovation Rule and SW–846 Update, Checklist 208.
70 FR 34538, 6/14/05 ........
70 FR 35034, 6/16/05 ........
70 FR 44150, 8/1/05 ..........
9 VAC §§ 20–60–18, 20–60–260 A, 20–60–261 A, 20–
60–262 A, 20–60–263 A, 20–60–264 A, and 20–60–
265 A.
9 VAC §§ 20–60–18, 20–60–260 A, 20–60–261 A, 20–
60–264 A, 20–60–265 A, 20–60–266 A, 20–60–268
A, 20–60–270 A, and 20–60–279 A.
9 VAC §§ 20–60–18, 20–60–262 A, 20–60–264 A, and
20–60–265 A.
9 VAC §§ 20–60–18, 20–60–261 A, and 20–60–264 A.
RCRA Cluster XVI, Non-HSWA
Universal Waste Rule: Specific Provisions for Mercury
Containing Equipment, Checklist 209.
70 FR 45508, 8/5/05 ..........
Standardized Permit for RCRA Hazardous Waste Management Facilities, Checklist 210.
Revision of Wastewater Treatment Exemptions for Hazardous Waste Mixtures, Checklist 211.
70 FR 53420, 9/8/05 ..........
70 FR 57769, 10/4/05 ........
9 VAC §§ 20–60–18, 20–60–260 A, 20–60–261 A, 20–
60–264 A, 20–60–265 A, 20–60–270 A, and 20–60–
273 A.
9 VAC §§ 20–60–18, 20–124 A, 20–260 A, 20–261 A,
20–267 A, and 20–270 A.
9 VAC §§ 20–60–18, and 20–60–261 A.
RCRA Cluster XVI, HSWA/Non-HSWA
National Emission Standards for Hazardous Air Pollutants: Final Standards for Hazardous Air Pollutants for
Hazardous Waste Combustors (Phase I Final Replacement Standards and Phase II), Checklist 212.
RCRA Burden Reduction Initiative, Checklist 213 ...........
70 FR 59402, 10/12/05 ......
9 VAC §§ 20–60–18, 20–60–260 A, 20–60–264 A, 20–
60–265 A, 20–60–266 A, and 20–60–270 A.
71 FR 16862, 4/4/06 ..........
9 VAC §§ 20–60–18, 9 VAC 20–60–260 A, 9 VAC 20–
60–261 A, 9 VAC 20–60–264 A, 9 VAC 20–60–265
A, 9 VAC 20–60–266 A, 9 VAC 20–60–268 A, 9 VAC
20–60–270 A.
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Other
Identification and Listing of Hazardous Waste Final Exclusion.
Identification and Listing of Hazardous Waste .................
Identification and Listing of Hazardous Waste .................
Nonwaste waters from Productions of Dyes, Pigments,
and Food, Drug, and Cosmetic Colorants.
Identification and Listing of Hazardous Waste; Final Exclusion.
Final Exclusion for Identification and Listing Hazardous
Waste.
Site-Specific Treatment Variances for Heritage Environmental Services LLC and Chemical Waste Management, Chemical Services, Inc.
Final Exclusion for Identification and Listing Hazardous
Waste.
Hazardous Waste Management System; Identification
and Listing of Hazardous Waste; Final Amendment.
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70 FR 21153, 4/25/05 ........
9 VAC §§ 20–60–18, and 20–60–261 A.
69 FR 56357, 9/21/04 ........
69 FR 60557, 10/12/04 ......
70 FR 35032,6/16/05 .........
9 VAC §§ 20–60–18, and 20–60–261 A.
9 VAC §§ 20–60–18 and 20–60–261 A.
9 VAC §§ 20–60–18, 20–60–261 A, and 20–60–268 A.
70 FR 42499, 7/25/05 ........
9 VAC §§ 20–60–18, and 20–60–261 A.
70 FR 44496, 8/3/05 ..........
9 VAC §§ 20–60–18, and 20–60–261 A.
70 FR 44505, 8/3/05 ..........
9 VAC §§ 20–60–18, and 20–60–268 A.
70 FR 49187, 8/23/05 ........
9 VAC §§ 20–60–18, and 20–60–261 A.
70 FR 51638, 8/31/05 ........
9 VAC §§ 20–60–18, and 20–60–261 A.
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TABLE 1.—VIRGINIA’S ANALOGS TO THE FEDERAL REQUIREMENTS—Continued
Description of federal requirement (revision checklists1)
Federal Register
Identification and Listing of Hazardous Waste .................
Identification and Listing of Hazardous Waste; Amendment.
Identification and Listing of Hazardous Waste; Final Exclusion.
Identification and Listing of Hazardous Waste; Final Exclusion.
Site-Specific Variance From the Land Disposal Restrictions Treatment Standard for 1,3-Phenylenediamine
(1,3–PDA).
Hazardous Waste Management System; Identification
and Listing of Hazardous Waste; Final Amendment.
70 FR 60217, 10/17/05 ......
70 FR 71002, 11/25/05 ......
9 VAC §§ 20–60–18, and 20–60–261 A.
9 VAC §§ 20–60–18 and 20–60–261 A.
70 FR 71002, 11/25/05 ......
9 VAC §§ 20–60–18 and 20–60–261 A.
70 FR 76168, 12/23/05 ......
9 VAC §§ 20–60–18 and 20–60–261 A.
71 FR 6209, 2/7/06 ............
9 VAC §§ 20–60–18 and 20–60–268 A.
71 FR 9723, 2/27/06 ..........
9 VAC §§ 20–60–18 and 20–60–261 A.
Analogous Virginia authority
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/epaoswer/hazwaste/state.
2 A RCRA ‘‘Cluster’’ is a set of Revision Checklists for Federal rules, typically promulgated over a 12-month period starting on July 1 and ending on June 30 of the following year.
H. Where Are the Revised Virginia
Rules Different From the Federal Rules?
1. Virginia Requirements That Are
Broader in Scope Than the Federal
Program
The Virginia hazardous waste
program contains certain provisions that
are beyond the scope of the Federal
program. Virginia’s statutory provision
§ 10.1–1426 F, which is related to the
Federal Regulations at 40 CFR 261.5 and
261.4(b)(1), explains the requirements
allowing local or state agencies to
collect hazardous waste from exempt
small quantity generators. The Virginia
code is broader in scope because there
is not a corresponding part of the
Federal program that has such a
restriction. These broader in scope
provisions are not part of the program
being authorized by today’s action. EPA
cannot enforce requirements that are
broader in scope, although compliance
with such provisions is required by
Virginia law.
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2. Virginia Requirements That Are More
Stringent Than the Federal Program
The Virginia hazardous waste
program contains no new provisions
that are more stringent than those
required by the RCRA program as
codified in the July 1, 2006 edition of
title 40 of the Code of Federal
Regulations (CFR).
3. Virginia’s Adoption of EPA’s SiteSpecific Delisting and Variance
Decisions
In its regulations, Virginia has
adopted EPA’s decisions relative to the
site-specific delistings published
between September 21, 2004 and
February 27, 2006 (69 FR 56357, 69 FR
60557, 70 FR 21153, 70 FR 42499, 70 FR
44496, 70 FR 49187, 70 FR 51638, 70 FR
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71002, 70 FR 71002, 70 FR 76168, 71 FR
9723), as well as the site specific
treatment variances from the Land
Disposal Restrictions (LDR) treatment
standards published on August 3, 2005
(70 FR 44505) and February 7, 2006 (71
FR 6209). EPA today is not authorizing
Virginia to delist wastes or to grant
treatment variances. With regard to
waste delisted as a hazardous waste by
EPA, the authority of the Department of
Environmental Quality is limited to
recognition of the waste as a delisted
waste in Virginia, and the supervision of
waste management activities for the
delisted waste when the activities occur
within the Commonwealth of Virginia.
Virginia is not authorized to delist
wastes on behalf of the EPA, or to
otherwise administer any case decision
to issue, revoke, or continue a delisting
of a waste by EPA. Similarly, while
Virginia is recognizing EPA’s decision
regarding the site-specific treatment
variances, the authority to grant such
variances remains with the EPA.
4. EPA Is Not Authorizing Portions of
the Uniform Hazardous Waste Manifest
Rule (70 FR 10776)
Virginia has adopted the Uniform
Hazardous Waste Manifest Rule (70 FR
10776, March 4, 2005) without
exception; however, there are nondelegable Federal functions addressed
in that Rule. Specifically, authority
must be left with the federal government
as set forth in 40 CFR 262.21, 262.60(e),
263.20(g)(4), 264.71(a)(3), and
265.71(a)(3). In its incorporation by
reference of 40 CFR Part 263, Virginia
appropriately does not substitute the
term ‘‘U.S. Customs Official’’ that
appears in 40 CFR 263.20(g)(4). As a
result, this provision is herein included
in Virginia’s authorized program.
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However, Virginia must make the
following modifications to its
incorporation by reference of 40 CFR
parts 262, 264, and 265 in order to
clarify that the enforcement authority
for the non-delegable provisions in
those parts remains with EPA:
• 9 VAC 20–60–262 B must state that,
at 40 CFR 262.21 and 262.60(e), ‘‘EPA’’
means the United States Environmental
Protection Agency, in order to maintain
the Federal authority for the EPA
Manifest Registry functions and the
notification requirements for imports of
hazardous waste;
• 9 VAC 20–60–264 B must state that,
at 40 CFR 264.71(a)(3), ‘‘U.S.
Environmental Protection Agency’’
means the United States Environmental
Protection Agency, in order to maintain
Federal authority for the notification
requirements for imports of hazardous
waste;
• 9 VAC 20–60–265 B must state that,
at 40 CFR 265.71(a)(3), the term ‘‘U.S.
Environmental Protection Agency’’
means the United States Environmental
Protection Agency, in order to maintain
the Federal Authority for the
notification requirements for imports of
hazardous waste.
Because these provisions have not yet
been amended, EPA is not authorizing
them at this time. EPA will authorize
Virginia to administer the above
regulations after they are modified
accordingly.
I. Who Handles Permits After the
Authorization Takes Effect?
After authorization, Virginia 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 EPA issued prior to the
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effective date of this authorization until
the timing and process for effective
transfer to the State are mutually agreed
upon. EPA and Virginia agree to
coordinate the administration of permits
in order to maintain consistency.
EPA will not issue any more new
permits or new portions of permits for
the provisions included in this revised
authorization 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 (18 U.S.C. 115) in Virginia?
Virginia is not seeking authorization
to operate the program on Indian lands,
since there are no Federally-recognized
Indian lands in Virginia.
K. What is Codification and Is EPA
Codifying Virginia’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
VV for this authorization of Virginia’s
revised program until a later date.
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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
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 would not
significantly or uniquely affect the
communities of Tribal governments, as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000). In any
case, Executive Order 13175 does not
apply to this rule since there are no
Federally recognized tribes in Region 3.
VerDate Aug<31>2005
17:54 Apr 02, 2008
Jkt 214001
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 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
PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
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. Although this action is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2), this action will be effective June
2, 2008.
List of Subjects in 40 CFR Part 271
Environmental protection,
Administrative practice and procedure,
Confidential business information,
Hazardous waste, Hazardous waste
transportation, Indian lands,
Intergovernmental relations, Penalties,
Reporting and recordkeeping
requirements.
Authority: This action is issued under the
authority of sections 2002(a), 3006 and
7004(b) of the Solid Waste Disposal Act as
amended 42 U.S.C. 6912(a), 6926, 6974(b).
Dated: March 18, 2008.
William T. Wisniewski,
Acting Regional Administrator, EPA Region
III.
[FR Doc. E8–6724 Filed 4–2–08; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
42 CFR Parts 422 and 423
[CMS–4133–F]
RIN 0938–AP25
Medicare Program; Modification to the
Weighting Methodology Used To
Calculate the Low-Income Benchmark
Amount
Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Final rule.
AGENCY:
SUMMARY: This final rule changes the
weighting methodology used to
calculate the low-income benchmark
premium amount (benchmark) for 2009
and thereafter. Under this final rule, the
benchmark weighting methodology is
adjusted so that the relative weights of
the Medicare Advantage Prescription
Drug (MA–PD) plan premiums and
Prescription Drug Plan (PDP) plan
premiums in the low-income
benchmark premium amount reflect the
E:\FR\FM\03APR1.SGM
03APR1
]]>Agencies
[Federal Register Volume 73, Number 65 (Thursday, April 3, 2008)]
[Rules and Regulations]
[Pages 18172-18176]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-6724]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[EPA-RO3-RCRA-2008-0256; FRL-8548-9]
Virginia: Final Authorization of State Hazardous Waste Management
Program Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Immediate final rule.
-----------------------------------------------------------------------
SUMMARY: Virginia has applied to EPA for Final authorization of the
revisions of 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 authorizing the State's revisions through this
immediate final action. EPA is publishing this rule to authorize the
revisions 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 Virginia'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 in
the proposed rules section of this Federal Register will serve as a
proposal to authorize the changes.
DATES: This Final authorization will become effective on June 2, 2008,
unless EPA receives adverse written comment by May 5, 2008. 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: https://www.regulations.gov. Follow
the on-line instructions for submitting comments.
2. E-mail: Thomas UyBarreta, uybarreta.thomas@epa.gov.
3. First Class or Overnight Mail: Thomas UyBarreta, Mailcode 3WC21,
RCRA State Programs Branch, U.S. EPA Region III, 1650 Arch Street,
Philadelphia, PA 19103-2029.
4. Hand Delivery or Courier. Deliver your comments to Thomas
UyBarreta, Mailcode 3WC21, RCRA State Programs Branch, U.S. EPA Region
III, 1650 Arch Street, Philadelphia, PA 19103-2029.
Instructions: We must receive your comments by May 5, 2008. Please
refer to Docket Number EPA-R03-RCRA-2008-0256. Do not submit
information that you consider to be Confidential Business Information
(CBI) or otherwise protected through regulations.gov, or e-mail. Such
comments should be sent via First Class or overnight mail. The Federal
regulations.gov Web site is an ``anonymous access'' system, which means
EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an 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, even if you sent an e-
mail comment directly to EPA, 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 Virginia's application and associated
publicly available materials from 8:15 a.m. to 4:30 p.m., Monday
through Friday at the following locations: Virginia Department of
Environmental Quality,
[[Page 18173]]
Waste Division, 629 East Main Street, Richmond, VA 23219, Phone number:
(804) 698-4213, attn: Robert Wickline; and Virginia Department of
Environmental Quality, West Central Regional Office, 3019 Peters Creek
Road, Roanoke, VA 24019, Phone number: (540) 562-6872, attn: Aziz
Farahmand; and EPA Region Library, 2nd Floor, 1650 Arch Street,
Philadelphia, PA 19103-2029, Phone number: (215) 814-5254. Interested
persons wanting to examine these documents should make an appointment
with the office at least five business days in advance.
FOR FURTHER INFORMATION CONTACT: Thomas UyBarreta, Mailcode 3WC21, RCRA
State Programs Branch, U.S. EPA Region III, 1650 Arch Street,
Philadelphia, PA 19103-2029. Telephone 215-814-2953.
SUPPLEMENTARY INFORMATION:
A. Why are Revisions to 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, States
must revise their programs and ask EPA to authorize the revisions.
Revisions 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 revise their programs because
of revisions 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 conclude that Virginia's program revision application of October
10, 2007, to revise its authorized program meets all of the statutory
and regulatory requirements established by RCRA. Therefore, we grant
Virginia Final authorization to operate its hazardous waste program
with the revisions described in the authorization application, except
as described in Sections H. 1, 3, and 4 of this immediate final rule.
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 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 even before they
are authorized for the requirements. Thus, EPA will implement those
requirements and prohibitions in Virginia, including issuing permits,
until the State is granted authorization to do so.
C. What is the Effect of This Authorization Decision?
The effect of this decision is that a facility in Virginia subject
to RCRA will have to comply with the authorized revised State
requirements instead of the equivalent Federal requirements in order to
comply with RCRA. While Virginia has enforcement responsibilities under
its State hazardous waste program for violations of such program, EPA
nevertheless retains its authority under RCRA sections 3007, 3008,
3013, and 7003, which include, among others, authority to:
Take enforcement actions regardless of whether the State
has taken its own actions;
enforce RCRA requirements and suspend or revoke permits;
and
perform inspections, and require monitoring, tests,
analyses or reports.
This action does not impose additional requirements on the
regulated community because the regulations for which Virginia is being
authorized by today's action are already effective, and are not changed
by today's action.
D. Why Wasn't There a Proposed Rule Before This Rule?
EPA did not publish a proposal before today's rule because we view
this as a routine program change and do not expect comments that oppose
this approval. We are providing an opportunity for public comment now.
In addition to this rule, in the proposed rules section of today's
Federal Register we are publishing a separate document that proposes to
authorize the State program changes.
E. What Happens If 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 revised State program on the proposal
mentioned in the previous paragraph. We will then address all public
comments in a later final rule. You may not have another opportunity to
comment. If you want to comment on this authorization, you must do so
at this time.
If we receive comments that oppose only the authorization of a
particular revision to the State hazardous waste program, we will
withdraw that part of this rule but the authorization of the program
revisions 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 Virginia Previously Been Authorized For?
Initially, Virginia received final authorization to implement its
hazardous waste management 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); and July 10, 2006
(71 FR 27216).
G. What Revisions Are We Authorizing With This Action?
On October 10, 2007, Virginia submitted a program revision
application, seeking authorization of revisions to its program in
accordance with 40 CFR 271.21. Virginia's revision application includes
various regulations that are equivalent to, and no less stringent than,
revisions to the Federal hazardous waste program, as published in the
Federal Register from July 1, 2004 through July 19, 2006, as well as
miscellaneous changes to its previously authorized program. We now make
an immediate final decision, subject to receipt of written comments
that oppose this action, that Virginia's hazardous waste program
revisions set forth in its October 10, 2007 application satisfy all of
the requirements necessary to qualify for final authorization except as
described in sections H. 1, 3, and 4 of this immediate final rule.
Therefore, EPA grants Virginia final authorization for the following
program revisions.
Virginia seeks authority to administer the Federal requirements
that are listed in Table 1. Virginia incorporates by reference these
Federal provisions, in accordance with the dates specified in Title 9,
Virginia Administrative Code (9 VAC 20-60-18). Table 1 also lists
Virginia's requirements 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
[[Page 18174]]
of the Virginia program. The regulatory references are to Title 9,
Virginia Administrative Code (9 VAC) effective May 22, 2006.
Table 1.--Virginia's Analogs to the Federal Requirements
------------------------------------------------------------------------
Description of federal
requirement (revision Federal Register Analogous Virginia
checklists\1\) authority
------------------------------------------------------------------------
RCRA Cluster XV,\2\ Non-HSWA
------------------------------------------------------------------------
National Environmental 69 FR 62217, 10/ Title 9, Virginia
Performance Track Program; 25/04. Code (9 VAC) Sec.
Corrections, Checklist 204. Sec. 20-60-18 and
20-60-262 A.
------------------------------------------------------------------------
RCRA Cluster XV, HSWA
------------------------------------------------------------------------
Identification and Listing of 70 FR 9138, 2/24/ 9 VAC Sec. Sec. 20-
Hazardous Waste; Dyes and/or 05. 60-18, 20-60-261 A,
Pigments Production Wastes; and 20-60-268 A.
Land Disposal Restrictions
for Newly Identified Wastes;
CERCLA Hazardous Substance
Designation and Reportable
Quantities; Designation of
Five Chemicals as Appendix
VIII Constituents; Addition
of Four Chemicals to the
Treatment Standards of F039
and the Universal Treatment
Standards, Checklist 206.
------------------------------------------------------------------------
RCRA Cluster XV, HSWA/Non-HSWA
------------------------------------------------------------------------
Modification of the Hazardous 70 FR 10776, 3/4/ 9 VAC Sec. Sec. 20-
Waste Manifest System, 05. 60-18, 20-60-260 A,
Checklist 207. 20-60-261 A, 20-60-
262 A, 20-60-263 A,
20-60-264 A, and 20-
60-265 A.
Testing and Monitoring 70 FR 34538, 6/14/ 9 VAC Sec. Sec. 20-
Activities; Final Rule: 05. 60-18, 20-60-260 A,
Methods Innovation Rule and 20-60-261 A, 20-60-
SW-846 Final Update IIIB, 264 A, 20-60-265 A,
Checklist 208. 20-60-266 A, 20-60-
268 A, 20-60-270 A,
and 20-60-279 A.
Modification of the Hazardous 70 FR 35034, 6/16/ 9 VAC Sec. Sec. 20-
Waste Manifest System, 05. 60-18, 20-60-262 A,
Checklist 207. 20-60-264 A, and 20-
60-265 A.
Methods Innovation Rule and SW- 70 FR 44150, 8/1/ 9 VAC Sec. Sec. 20-
846 Update, Checklist 208. 05. 60-18, 20-60-261 A,
and 20-60-264 A.
------------------------------------------------------------------------
RCRA Cluster XVI, Non-HSWA
------------------------------------------------------------------------
Universal Waste Rule: Specific 70 FR 45508, 8/5/ 9 VAC Sec. Sec. 20-
Provisions for Mercury 05. 60-18, 20-60-260 A,
Containing Equipment, 20-60-261 A, 20-60-
Checklist 209. 264 A, 20-60-265 A,
20-60-270 A, and 20-
60-273 A.
Standardized Permit for RCRA 70 FR 53420, 9/8/ 9 VAC Sec. Sec. 20-
Hazardous Waste Management 05. 60-18, 20-124 A, 20-
Facilities, Checklist 210. 260 A, 20-261 A, 20-
267 A, and 20-270 A.
Revision of Wastewater 70 FR 57769, 10/4/ 9 VAC Sec. Sec. 20-
Treatment Exemptions for 05. 60-18, and 20-60-261
Hazardous Waste Mixtures, A.
Checklist 211.
------------------------------------------------------------------------
RCRA Cluster XVI, HSWA/Non-HSWA
------------------------------------------------------------------------
National Emission Standards 70 FR 59402, 10/ 9 VAC Sec. Sec. 20-
for Hazardous Air Pollutants: 12/05. 60-18, 20-60-260 A,
Final Standards for Hazardous 20-60-264 A, 20-60-
Air Pollutants for Hazardous 265 A, 20-60-266 A,
Waste Combustors (Phase I and 20-60-270 A.
Final Replacement Standards
and Phase II), Checklist 212.
RCRA Burden Reduction 71 FR 16862, 4/4/ 9 VAC Sec. Sec. 20-
Initiative, Checklist 213. 06. 60-18, 9 VAC 20-60-
260 A, 9 VAC 20-60-
261 A, 9 VAC 20-60-
264 A, 9 VAC 20-60-
265 A, 9 VAC 20-60-
266 A, 9 VAC 20-60-
268 A, 9 VAC 20-60-
270 A.
------------------------------------------------------------------------
Other
------------------------------------------------------------------------
Identification and Listing of 70 FR 21153, 4/25/ 9 VAC Sec. Sec. 20-
Hazardous Waste Final 05. 60-18, and 20-60-261
Exclusion. A.
Identification and Listing of 69 FR 56357, 9/21/ 9 VAC Sec. Sec. 20-
Hazardous Waste. 04. 60-18, and 20-60-261
A.
Identification and Listing of 69 FR 60557, 10/ 9 VAC Sec. Sec. 20-
Hazardous Waste. 12/04. 60-18 and 20-60-261
A.
Nonwaste waters from 70 FR 35032,6/16/ 9 VAC Sec. Sec. 20-
Productions of Dyes, 05. 60-18, 20-60-261 A,
Pigments, and Food, Drug, and and 20-60-268 A.
Cosmetic Colorants.
Identification and Listing of 70 FR 42499, 7/25/ 9 VAC Sec. Sec. 20-
Hazardous Waste; Final 05. 60-18, and 20-60-261
Exclusion. A.
Final Exclusion for 70 FR 44496, 8/3/ 9 VAC Sec. Sec. 20-
Identification and Listing 05. 60-18, and 20-60-261
Hazardous Waste. A.
Site-Specific Treatment 70 FR 44505, 8/3/ 9 VAC Sec. Sec. 20-
Variances for Heritage 05. 60-18, and 20-60-268
Environmental Services LLC A.
and Chemical Waste
Management, Chemical
Services, Inc.
Final Exclusion for 70 FR 49187, 8/23/ 9 VAC Sec. Sec. 20-
Identification and Listing 05. 60-18, and 20-60-261
Hazardous Waste. A.
Hazardous Waste Management 70 FR 51638, 8/31/ 9 VAC Sec. Sec. 20-
System; Identification and 05. 60-18, and 20-60-261
Listing of Hazardous Waste; A.
Final Amendment.
[[Page 18175]]
Identification and Listing of 70 FR 60217, 10/ 9 VAC Sec. Sec. 20-
Hazardous Waste. 17/05. 60-18, and 20-60-261
A.
Identification and Listing of 70 FR 71002, 11/ 9 VAC Sec. Sec. 20-
Hazardous Waste; Amendment. 25/05. 60-18 and 20-60-261
A.
Identification and Listing of 70 FR 71002, 11/ 9 VAC Sec. Sec. 20-
Hazardous Waste; Final 25/05. 60-18 and 20-60-261
Exclusion. A.
Identification and Listing of 70 FR 76168, 12/ 9 VAC Sec. Sec. 20-
Hazardous Waste; Final 23/05. 60-18 and 20-60-261
Exclusion. A.
Site-Specific Variance From 71 FR 6209, 2/7/ 9 VAC Sec. Sec. 20-
the Land Disposal 06. 60-18 and 20-60-268
Restrictions Treatment A.
Standard for 1,3-
Phenylenediamine (1,3-PDA).
Hazardous Waste Management 71 FR 9723, 2/27/ 9 VAC Sec. Sec. 20-
System; Identification and 06. 60-18 and 20-60-261
Listing of Hazardous Waste; A.
Final Amendment.
------------------------------------------------------------------------
\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/epaoswer/hazwaste/state.
\2\ A RCRA ``Cluster'' is a set of Revision Checklists for Federal
rules, typically promulgated over a 12-month period starting on July 1
and ending on June 30 of the following year.
H. Where Are the Revised Virginia Rules Different From the Federal
Rules?
1. Virginia Requirements That Are Broader in Scope Than the Federal
Program
The Virginia hazardous waste program contains certain provisions
that are beyond the scope of the Federal program. Virginia's statutory
provision Sec. 10.1-1426 F, which is related to the Federal
Regulations at 40 CFR 261.5 and 261.4(b)(1), explains the requirements
allowing local or state agencies to collect hazardous waste from exempt
small quantity generators. The Virginia code is broader in scope
because there is not a corresponding part of the Federal program that
has such a restriction. These broader in scope provisions are not part
of the program being authorized by today's action. EPA cannot enforce
requirements that are broader in scope, although compliance with such
provisions is required by Virginia law.
2. Virginia Requirements That Are More Stringent Than the Federal
Program
The Virginia hazardous waste program contains no new provisions
that are more stringent than those required by the RCRA program as
codified in the July 1, 2006 edition of title 40 of the Code of Federal
Regulations (CFR).
3. Virginia's Adoption of EPA's Site-Specific Delisting and Variance
Decisions
In its regulations, Virginia has adopted EPA's decisions relative
to the site-specific delistings published between September 21, 2004
and February 27, 2006 (69 FR 56357, 69 FR 60557, 70 FR 21153, 70 FR
42499, 70 FR 44496, 70 FR 49187, 70 FR 51638, 70 FR 71002, 70 FR 71002,
70 FR 76168, 71 FR 9723), as well as the site specific treatment
variances from the Land Disposal Restrictions (LDR) treatment standards
published on August 3, 2005 (70 FR 44505) and February 7, 2006 (71 FR
6209). EPA today is not authorizing Virginia to delist wastes or to
grant treatment variances. With regard to waste delisted as a hazardous
waste by EPA, the authority of the Department of Environmental Quality
is limited to recognition of the waste as a delisted waste in Virginia,
and the supervision of waste management activities for the delisted
waste when the activities occur within the Commonwealth of Virginia.
Virginia is not authorized to delist wastes on behalf of the EPA, or to
otherwise administer any case decision to issue, revoke, or continue a
delisting of a waste by EPA. Similarly, while Virginia is recognizing
EPA's decision regarding the site-specific treatment variances, the
authority to grant such variances remains with the EPA.
4. EPA Is Not Authorizing Portions of the Uniform Hazardous Waste
Manifest Rule (70 FR 10776)
Virginia has adopted the Uniform Hazardous Waste Manifest Rule (70
FR 10776, March 4, 2005) without exception; however, there are non-
delegable Federal functions addressed in that Rule. Specifically,
authority must be left with the federal government as set forth in 40
CFR 262.21, 262.60(e), 263.20(g)(4), 264.71(a)(3), and 265.71(a)(3). In
its incorporation by reference of 40 CFR Part 263, Virginia
appropriately does not substitute the term ``U.S. Customs Official''
that appears in 40 CFR 263.20(g)(4). As a result, this provision is
herein included in Virginia's authorized program. However, Virginia
must make the following modifications to its incorporation by reference
of 40 CFR parts 262, 264, and 265 in order to clarify that the
enforcement authority for the non-delegable provisions in those parts
remains with EPA:
9 VAC 20-60-262 B must state that, at 40 CFR 262.21 and
262.60(e), ``EPA'' means the United States Environmental Protection
Agency, in order to maintain the Federal authority for the EPA Manifest
Registry functions and the notification requirements for imports of
hazardous waste;
9 VAC 20-60-264 B must state that, at 40 CFR 264.71(a)(3),
``U.S. Environmental Protection Agency'' means the United States
Environmental Protection Agency, in order to maintain Federal authority
for the notification requirements for imports of hazardous waste;
9 VAC 20-60-265 B must state that, at 40 CFR 265.71(a)(3),
the term ``U.S. Environmental Protection Agency'' means the United
States Environmental Protection Agency, in order to maintain the
Federal Authority for the notification requirements for imports of
hazardous waste.
Because these provisions have not yet been amended, EPA is not
authorizing them at this time. EPA will authorize Virginia to
administer the above regulations after they are modified accordingly.
I. Who Handles Permits After the Authorization Takes Effect?
After authorization, Virginia 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 EPA issued prior to the
[[Page 18176]]
effective date of this authorization until the timing and process for
effective transfer to the State are mutually agreed upon. EPA and
Virginia agree to coordinate the administration of permits in order to
maintain consistency.
EPA will not issue any more new permits or new portions of permits
for the provisions included in this revised authorization 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 (18 U.S.C. 115) in
Virginia?
Virginia is not seeking authorization to operate the program on
Indian lands, since there are no Federally-recognized Indian lands in
Virginia.
K. What is Codification and Is EPA Codifying Virginia'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 VV for this authorization of Virginia's
revised program 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 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 would not significantly or uniquely affect the communities of
Tribal governments, as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000). In any case, Executive Order 13175 does not apply to
this rule since there are no Federally recognized tribes in Region 3.
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 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. Although
this action is not a ``major rule'' as defined by 5 U.S.C. 804(2), this
action will be effective June 2, 2008.
List of Subjects in 40 CFR Part 271
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous waste, Hazardous waste
transportation, Indian lands, Intergovernmental relations, Penalties,
Reporting and recordkeeping requirements.
Authority: This action is issued under the authority of sections
2002(a), 3006 and 7004(b) of the Solid Waste Disposal Act as amended
42 U.S.C. 6912(a), 6926, 6974(b).
Dated: March 18, 2008.
William T. Wisniewski,
Acting Regional Administrator, EPA Region III.
[FR Doc. E8-6724 Filed 4-2-08; 8:45 am]
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