Virginia: Final Authorization of State Hazardous Waste Management Program Revisions, 54178-54182 [2013-21378]
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Federal Register / Vol. 78, No. 170 / Tuesday, September 3, 2013 / Rules and Regulations
consistent with applicable requirements
for maintenance: The 2009, 2017 and
2025 budgets are less than the on-road
mobile source inventory for 2007 that
was shown to be consistent with
attainment of the standards. The
applicable state implementation plan
demonstrates that the 2017 and 2025
budgets are consistent with
maintenance when considered with all
other sources for each respective year.
The 2009 budgets were developed with
all the information for the year 2009,
including on-road activity in 2009.
Because New York demonstrated
attainment in this year to the applicable
air quality standards, the 2009 budgets
are therefore consistent with
maintenance of the respective
standards.
(v) The motor vehicle emissions
budget(s) is consistent with and clearly
related to the emissions inventory and
the control measures in the submitted
control strategy implementation plan
revision or maintenance plan: The
budgets were developed from the onroad mobile source inventories,
including all applicable state and
Federal control measures. Inputs related
to inspection and maintenance and fuels
are consistent with New York State’s
Federally-approved control programs.
(vi) Revisions to previously submitted
control strategy implementation plans
or maintenance plans explain and
document any changes to previously
submitted budgets and control
measures; impacts on point and area
source emissions; any changes to
established safety margins (see § 93.101
for definition); and reasons for the
changes (including the basis for any
changes related to emission factors or
estimates of vehicle miles traveled): The
submitted maintenance plan establishes
new 2009, 2017 and 2025 budgets to
ensure continued maintenance of the
standards; therefore, this is not
applicable.
Adequacy Finding
Today’s action is simply an
announcement of a finding that we have
already made. EPA Region 2 sent a letter
to New York on August 19, 2013, stating
that the 2009, 2017 and 2025 motor
vehicle emissions budgets in New
York’s SIP for the New York PM2.5
nonattainment areas are adequate
because they are consistent with the
required maintenance demonstration. In
our letter we noted that there are
existing approved and adequate budgets
for 2009, but that the 2009 budgets
contained in the submitted maintenance
plans will be the most recent budgets in
place to satisfy the latest Clean Air Act
requirement and therefore will be the
applicable 2009 budgets to be used in
future transportation conformity
determinations for analysis years prior
to 2017.
TABLE 1—PM2.5 MOTOR VEHICLE EMISSIONS BUDGETS FOR NEW YORK
[Tons per year]
New York Metropolitan Transportation Council & Orange County Transportation Council
Direct PM2.5
2009 Motor Vehicle Emissions Budget ...................................................................................................................
2017 Motor Vehicle Emissions Budget ...................................................................................................................
2025 Motor Vehicle Emissions Budget ...................................................................................................................
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Particulate matter,
Reporting and recordkeeping
requirements.
Authority: 42 U.S.C. 7401–7671 q.
Dated: August 19, 2013.
Judith A. Enck,
Regional Administrator, Region 2.
[FR Doc. 2013–21266 Filed 8–30–13; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 271
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[EPA–R03–RCRA–2012–0294; FRL– 9900–
47–Region 3]
Virginia: Final Authorization of State
Hazardous Waste Management
Program Revisions
Environmental Protection
Agency (EPA).
ACTION: Immediate final rule.
AGENCY:
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This final authorization will
become effective on November 4, 2013,
unless EPA receives adverse written
comments by October 3, 2013. If EPA
receives any such comment, it will
DATES:
Virginia has applied to EPA
for final authorization of revisions to its
SUMMARY:
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 Virginia’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 revisions 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 the
relevant portions of this rule, before
they take effect, and a separate
document in the proposed rules section
of this Federal Register will serve as a
proposal to authorize revisions to
Virginia’s program that were the subject
of adverse comments.
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5,516.75
3,897.71
3,291.09
NOX
106,020.09
68,362.66
51,260.81
publish a timely withdrawal of this
immediate final rule in the Federal
Register and inform the public that this
authorization will not take effect as
scheduled.
Submit your comments,
identified by Docket ID No. EPA–R03–
RCRA–2012–0294, by one of the
following methods:
1. Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
2. Email: barbieri.andrea@epa.gov.
3. Mail: Andrea Barbieri, Mailcode
3LC50, Office of State Programs, U.S.
EPA Region III, 1650 Arch Street,
Philadelphia, PA 19103–2029.
4. Hand Delivery: At the previouslylisted EPA Region III address. Such
deliveries are only accepted during
normal hours of operation, and special
arrangements should be made for
deliveries of boxed information.
You may inspect and copy Virginia’s
application from 8:00 a.m. to 4:30 p.m.,
Monday through Friday at the following
locations: Virginia Department of
Environmental Quality, (VADEQ),
Office of Regulatory Affairs, 629 East
Main Street, Richmond, VA 23219,
Phone number: (804) 698–4426, and
EPA Region III Library, 2nd Floor, 1650
ADDRESSES:
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Arch Street, Philadelphia, PA 19103–
2029, Phone number: (215) 814–5254.
Instructions: Direct your comments to
Docket ID No. EPA–R03–RCRA–2012–
0294. EPA’s policy is that all comments
received will be included in the public
file without change and may be made
available on line at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov or email. The
Federal https://www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means that EPA will not know
your identity or contact information
unless you provide it in the body of
your comment. If you send an email
comment directly to EPA without going
through https://www.regulations.gov,
your email address will be
automatically captured and included as
part of the comment that is placed in the
public file and made available on the
Internet. If you submit an electronic
comment, EPA recommends that you
include your name and other contact
information in the body of your
comment and with any disk or CD–ROM
you submit. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment. Electronic files should avoid
the use of special characters and any
form of encryption, and be free of any
defects or viruses.
FOR FURTHER INFORMATION CONTACT:
Andrea Barbieri, Mailcode 3LC50,
Office of State Programs, U.S. EPA
Region III, 1650 Arch Street,
Philadelphia, PA 19103–2029, Phone
number: (215) 814–3374; email address:
barbieri.andrea@epa.gov.
SUPPLEMENTARY INFORMATION:
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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 to become more stringent or
broader in scope, States must revise
their programs and apply to EPA to
authorize the revisions. Authorization of
revisions to State programs may be
necessary when Federal or State
statutory or regulatory authority is
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modified or when certain other
revisions 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 268, 270, 273 and 279.
B. What decisions have we made in this
rule?
EPA concludes that Virginia’s
application 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 its application for program
revisions, subject to the procedures
described in section E, below. Virginia
has responsibility for permitting
treatment, storage, and disposal
facilities (TSDFs) within its borders and
for carrying out the aspects of the RCRA
program described in its application,
subject to the limitations of the
Hazardous and Solid Waste
Amendments of 1984 (HSWA). New
Federal requirements and prohibitions
imposed by Federal regulations that
EPA promulgates under the authority of
HSWA take effect in authorized States
before they are authorized for the
requirements. Thus, EPA will
implement those HSWA requirements
and prohibitions for which Virginia has
not been authorized, including issuing
HSWA permits, until the State is
granted authorization to do so.
C. What is the effect of this
authorization decision?
This decision serves to authorize
revisions to Virginia’s authorized
hazardous waste program. This action
does not impose additional
requirements on the regulated
community because the regulations for
which Virginia is being authorized by
this action are already effective and are
not changed by this action. Virginia has
enforcement responsibilities under its
state hazardous waste program for
violations of its program, but EPA
retains its authority under RCRA
sections 3007, 3008, 3013, and 7003,
which include, among others, authority
to:
Æ Perform inspections, and require
monitoring, tests, analyses or reports;
Æ Enforce RCRA requirements and
suspend or revoke permits; and
Æ Take enforcement actions
regardless of whether Virginia has taken
its own actions.
D. Why wasn’t there a proposed rule
before this rule?
EPA did not publish a proposal before
this rule because we view this as a
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54179
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 Virginia’s
program revisions. If EPA receives
comments that oppose this
authorization, that document will serve
as a proposal to authorize the revisions
to Virginia’s program that were the
subject of adverse comment.
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
would become effective. EPA will base
any further decision on the
authorization of Virginia’s program
revisions on the proposal mentioned in
the previous section. 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 the authorization
of a particular revision to Virginia’s
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);
July 10, 2006 (71 FR 27204); and July
30, 2008 (73 FR 44168).
G. What revisions are we authorizing
with this action?
On December 18, 2012, Virginia
submitted a final complete program
revision application, seeking
authorization of additional 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 Code of
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Federal Regulations as of December 31,
2010.
We now make an immediate final
decision subject to receipt of written
comments that oppose this action that
Virginia’s hazardous waste program
revisions satisfies all of the
requirements necessary to qualify for
final authorization. Therefore, EPA
grants Virginia’s final authorization for
the following program revisions:
1. Program Revision Changes for Federal
Rules
Virginia seeks authority to administer
the Federal requirements that are listed
in Table 1. Virginia incorporates by
reference these Federal provisions, in
accordance with the dates specified in
Title 9, Virginia Administrative Code
(9VAC 20–60–18). This Table lists the
Virginia analogs that are being
recognized as no less stringent than the
analogous Federal requirements. The
Virginia Waste Management Act
(VWMA), enacted by the 1986 session of
Virginia’s General Assembly and
recodifed in 1988 as Chapter 14, Title
10.1, Code of Virginia, forms the basis
of the Virginia program. These
regulatory references are to Title 9,
Virginia Administrative Code (9 VAC)
effective March 2, 2011.
TABLE 1—VIRGINIA’S ANALOGS TO THE FEDERAL REQUIREMENTS
Description of Federal requirement
(revision checklists 1)
Federal Register
Analogous Virginia authority
RCRA Cluster XVII
Hazardous Waste and Used Oil; Correction to the Errors
in the Code of Federal Regulations, Revision Checklist 214.
71 FR 40254, July 14, 2006
Hazardous Waste Management System; Modification of
the Hazardous Waste Program; Cathode Ray Tubes,
Revision Checklist 215.
71 FR 42928, July 28, 2006
9 VAC §§ 20–60–18, 20–60–260 A, 20–60–261 A, 20–
60–262 A, 20–60–264 A, 20–60–264 A, 20–60–265
A, 20–60–266 A, 20–60–268 A, 20–60–270 A, 20–
60–273 A, 20–60–279 A.
9 VAC §§ 20–60–18, 20–60–260 A, 20–60–261 A.
RCRA Cluster XVIII
Regulation of Oil-Bearing Hazardous Secondary Materials From the Petroleum Refining Industry Processed
in a Gasification System to Produce Synthetic Gas,
Revision Checklist 216.
National Emission Standards for Hazardous Waste Air
Pollutants; Standards for Hazardous Waste Combustors; Amendments, Revision Checklist 217.
Hazardous Waste Management System: Identification
and Listing of Hazardous Waste; Amendment to Hazardous Waste Code F019, Revision Checklist 218.
73 FR 57, January 2, 2008
9 VAC §§ 20–60–18, 20–60–260 A, 20–60–261 A.
73 FR 18970, April 8, 2008
9 VAC §§ 20–60–18, 20–60–264 A, 20–60–266 A.
73 FR 31756, June 4, 2008
9 VAC §§ 20–60–18, 20–60–261 A.
RCRA Cluster XIX
Academic Laboratories Generator Standards, Revision
Checklist 220.
Expansion of RCRA Comparable Fuel Exclusion, Revision Checklist 221 2.
73 FR 72912, December 1,
2008.
73 FR 77954, December
19, 2008.
9 VAC §§ 20–60–18, 20–60–261 A, 20–60–262 A.
9 VAC §§ 20–60–18, 20–60–261.
RCRA Cluster XX
OECD Requirements; Export Shipments of Spend LeadAcid Batteries, Revision Checklist 222.
Hazardous Waste Technical Corrections and Clarification, Revision Checklist 223.
75 FR 1236, January 8,
2010.
75 FR 12989, March 18,
2010; as amended 75 FR
31716, June 4, 2010.
9 VAC §§ 20–60–18, 20–60–262 A, 20–60–263 A, 20–
60–264 A, 20–60–265 A, 20–60–266 A.
9 VAC §§ 20–60–260 A, 20–60–261 A, 20–60–262 A,
20–60–263 A, 20–60–264 A, 20–60–265 A, 20–60–
266 A, 20–60–268 A, 20–60–270 A.
RCRA Cluster XXI
Removal of Saccharin and Its Salts from the List of Hazardous Constituents, Revision Checklist 225.
Academic Laboratories Generator Standards Technical
Corrections, Revision Checklist 226.
75 FR 78918, December
17, 2010.
75 FR 79304, December
20, 2010.
9 VAC §§ 20–60–18, 20–60–261 A, 20–60–268 A.
9 VAC §§ 20–60–18, 20–60–262 A.
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Other
Hazardous Waste Management System; Identification
and Listing of Hazardous Waste; Removal of Final
Rule.
Extension of Site-Specific Regulations for University
Laboratories XL Projects.
Hazardous Waste Management System; Identification
and Listing of Hazardous Waste; Final Exclusion.
Hazardous Waste Management System; Identification
and Listing of Hazardous Waste; Final Exclusion.
Hazardous Waste Management System; Identification
and Listing of Hazardous Waste; Final Exclusion.
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71 FR 35395, June 20,
2006.
9 VAC §§ 20–60–18, 20–60–261 A.
71 FR 35547, June 21,
2006.
71 FR 43067, July 31, 2006
9 VAC §§ 20–60–18, 20–60–262 A.
9 VAC §§ 20–60–18, 20–60–261 A.
72 FR 43, January 3, 2007
9 VAC §§ 20–60–18, 20–60–261 A.
72 FR 4645, February 1,
2007.
9 VAC §§ 20–60–18, 20–60–261 A.
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54181
TABLE 1—VIRGINIA’S ANALOGS TO THE FEDERAL REQUIREMENTS—Continued
Description of Federal requirement
(revision checklists 1)
Federal Register
Hazardous Waste Management System; Identification
and Listing of Hazardous Waste; Final Exclusion.
Standards for Universal Waste Management; CFR Correction.
72 FR 31185 June 6, 2007
9 VAC §§ 20–60–18, 20–60–261 A.
72 FR 35666, June 29,
2007.
9 VAC §§ 20–60–18, 20–60–273 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/osw/laws-regs/state/index.htm.
2 Adopted changes to comparable fuel provisions amended on this date, not the emissions comparable fuel provisions that were subsequently
withdrawn.
H. Where are the revised Virginia rules
different from the Federal rules?
1. 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 June 20, 2006 and June 6, 2007
(71 FR 35395, 71 FR 35547, 71 FR
43067, 72 FR 43, 72 FR 4645, 72 FR
31185). EPA today is not authorizing
Virginia to delist wastes. 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.
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2. Rules for Which Virginia Is Not
Seeking Authorization
Virginia is not seeking authorization
for the following RCRA revisions that
are found in 40 CFR as of December 31,
2010:
(a) Virginia is not seeking
authorization for the Revision to the
Definition of Solid Waste rule (October
30, 2008, 73 FR 64668)
(b) Virginia is not seeking
authorization for the Withdrawl of the
Emission Comparable Fuel Exclusion
(June 15, 2010, 75 FR 33712) because
Virginia adopted the Expansion of the
RCRA Comparable Fuel Exclusion
(December 19, 2008, 73 FR 77954)
without the emission comparable fuel
exclusion provisions that were
subsequently withdrawn in this rule.
I. Who handles permits after this
authorization takes effect?
After this authorization, Virginia will
issue permits for all the provisions for
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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 that we issued prior to the
effective date of this authorization. Until
such time as formal transfer of EPA
permit responsibility to Virginia occurs
and EPA terminates its permit, EPA and
Virginia agree to coordinate the
administration of permits in order to
maintain consistency. We will not issue
any more new permits or new portions
of permits for the provisions listed in
Section G 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
program revisions until a later date.
L. Administrative Requirements
The Office of Management and Budget
has exempted this action from the
requirements of Executive Order 12866
(58 FR 51735, October 4, 1993), and
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
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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 the State
of Virginia.
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
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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.
3701, et seq.) do not apply. As required
by section 3 of Executive Order 12988
(61 FR 4729, February 7, 1996), in
issuing this rule, EPA has taken the
necessary steps to eliminate drafting
errors and ambiguity, minimize
potential litigation, and provide a clear
legal standard for affected conduct. EPA
has complied with Executive Order
12630 (53 FR 8859, March 18, 1988) by
examining the takings implications of
the rule in accordance with the Attorney
General’s Supplemental Guidelines for
the Evaluation of Risk and Avoidance of
Unanticipated Takings issued under the
executive order. This rule does not
impose an information collection
burden under the provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this document and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication in the Federal Register. A
major rule cannot take effect until 60
days after it is published in the Federal
Register. This action is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2); this
action will be effective November 4,
2013.
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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).
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Dated: July 12, 2013.
Shawn M. Garvin,
Regional Administrator, EPA Region III.
[FR Doc. 2013–21378 Filed 8–30–13; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
49 CFR Part 593
[Docket No. NHTSA–2013–0092]
List of Nonconforming Vehicles
Decided To Be Eligible for Importation
National Highway Traffic
Safety Administration (NHTSA), DOT.
ACTION: Final rule.
AGENCY:
This document revises the list
of vehicles not originally manufactured
to conform to the Federal Motor Vehicle
Safety Standards (FMVSS) that NHTSA
has decided to be eligible for
importation. This list is published in an
appendix to the agency’s regulations
that prescribe procedures for import
eligibility decisions. The list has been
revised to add all vehicles that NHTSA
has decided to be eligible for
importation since October 1, 2012, and
to remove all previously listed vehicles
that are now more than 25 years old and
need no longer comply with all
applicable FMVSS to be lawfully
imported. NHTSA is required by statute
to publish this list annually in the
Federal Register.
DATES: The revised list of import eligible
vehicles is effective on September 3,
2013.
FOR FURTHER INFORMATION CONTACT:
George Stevens, Office of Vehicle Safety
Compliance, NHTSA, (202) 366–5308.
SUPPLEMENTARY INFORMATION: Under 49
U.S.C. 30141(a)(1)(A), a motor vehicle
that was not originally manufactured to
conform to all applicable FMVSS shall
be refused admission into the United
States unless NHTSA has decided that
the motor vehicle is substantially
similar to a motor vehicle originally
manufactured for importation into and
sale in the United States, certified under
49 U.S.C. 30115, and of the same model
year as the model of the motor vehicle
to be compared, and is capable of being
readily altered to conform to all
applicable FMVSS. Where there is no
substantially similar U.S.-certified
motor vehicle, 49 U.S.C. 30141(a)(1)(B)
permits a nonconforming motor vehicle
to be admitted into the United States if
its safety features comply with, or are
capable of being altered to comply with,
SUMMARY:
PO 00000
Frm 00036
Fmt 4700
Sfmt 4700
all applicable FMVSS based on
destructive test data or such other
evidence as the Secretary of
Transportation decides to be adequate.
Under 49 U.S.C. 30141(a)(1), import
eligibility decisions may be made ‘‘on
the initiative of the Secretary of
Transportation or on petition of a
manufacturer or importer registered
under [49 U.S.C. 30141(c)].’’ The
Secretary’s authority to make these
decisions has been delegated to NHTSA.
The agency publishes notices of
eligibility decisions as they are made.
Under 49 U.S.C. 30141(b)(2), a list of
all vehicles for which import eligibility
decisions have been made must be
published annually in the Federal
Register. On October 1, 1996, NHTSA
added the list as an appendix to 49 CFR
Part 593, the regulations that establish
procedures for import eligibility
decisions (61 FR 51242). As described
in the notice, NHTSA took that action
to ensure that the list is more widely
disseminated to government personnel
who oversee vehicle imports and to
interested members of the public. See 61
FR 51242–43. In the notice, NHTSA
expressed its intention to annually
revise the list as published in the
appendix to include any additional
vehicles decided by the agency to be
eligible for importation since the list
was last published. See 61 FR 51243.
The agency stated that issuance of the
document announcing these revisions
will fulfill the annual publication
requirements of 49 U.S.C. 30141(b)(2).
Ibid.
Regulatory Analyses and Notices
A. Executive Order 12866, Regulatory
Planning and Review
Executive Order 12866, ‘‘Regulatory
Planning and Review’’ (58 FR 51735,
October 4, 1993), provides for making
determinations about whether a
regulatory action is ‘‘significant’’ and
therefore subject to Office of
Management and Budget (OMB) review
and to the requirements of the Executive
Order. The Executive Order defines a
‘‘significant regulatory action’’ as one
that is likely to result in a rule that may:
(1) Have an annual effect on the
economy of $100 million or more or
adversely affects in a material way the
economy, a sector of the economy,
productivity, competition, jobs, the
environment, public health or safety, or
State, local, or Tribal governments or
communities;
(2) Create a serious inconsistency or
otherwise interfere with an action taken
or planned by another agency;
(3) Materially alter the budgetary
impact of entitlements, grants, user fees,
E:\FR\FM\03SER1.SGM
03SER1
]]>Agencies
[Federal Register Volume 78, Number 170 (Tuesday, September 3, 2013)]
[Rules and Regulations]
[Pages 54178-54182]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-21378]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[EPA-R03-RCRA-2012-0294; FRL- 9900-47-Region 3]
Virginia: Final Authorization of State Hazardous Waste Management
Program Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Immediate final rule.
-----------------------------------------------------------------------
SUMMARY: Virginia has applied to EPA for final authorization of
revisions to its hazardous waste program under the Resource
Conservation and Recovery Act (RCRA). EPA has determined that these
revisions satisfy all requirements needed to qualify for final
authorization and is authorizing Virginia'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 revisions 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 the relevant portions of this rule, before they take
effect, and a separate document in the proposed rules section of this
Federal Register will serve as a proposal to authorize revisions to
Virginia's program that were the subject of adverse comments.
DATES: This final authorization will become effective on November 4,
2013, unless EPA receives adverse written comments by October 3, 2013.
If EPA receives any 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 as scheduled.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
RCRA-2012-0294, by one of the following methods:
1. Federal eRulemaking Portal: https://www.regulations.gov. Follow
the on-line instructions for submitting comments.
2. Email: barbieri.andrea@epa.gov.
3. Mail: Andrea Barbieri, Mailcode 3LC50, Office of State Programs,
U.S. EPA Region III, 1650 Arch Street, Philadelphia, PA 19103-2029.
4. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during normal hours of operation, and
special arrangements should be made for deliveries of boxed
information.
You may inspect and copy Virginia's application from 8:00 a.m. to
4:30 p.m., Monday through Friday at the following locations: Virginia
Department of Environmental Quality, (VADEQ), Office of Regulatory
Affairs, 629 East Main Street, Richmond, VA 23219, Phone number: (804)
698-4426, and EPA Region III Library, 2nd Floor, 1650
[[Page 54179]]
Arch Street, Philadelphia, PA 19103-2029, Phone number: (215) 814-5254.
Instructions: Direct your comments to Docket ID No. EPA-R03-RCRA-
2012-0294. EPA's policy is that all comments received will be included
in the public file without change and may be made available on line at
https://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through https://www.regulations.gov or email. The Federal https://www.regulations.gov
Web site is an ``anonymous access'' system, which means that EPA will
not know your identity or contact information unless you provide it in
the body of your comment. If you send an email comment directly to EPA
without going through https://www.regulations.gov, your email address
will be automatically captured and included as part of the comment that
is placed in the public file and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters and any form of encryption, and be free
of any defects or viruses.
FOR FURTHER INFORMATION CONTACT: Andrea Barbieri, Mailcode 3LC50,
Office of State Programs, U.S. EPA Region III, 1650 Arch Street,
Philadelphia, PA 19103-2029, Phone number: (215) 814-3374; email
address: barbieri.andrea@epa.gov.
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 to become
more stringent or broader in scope, States must revise their programs
and apply to EPA to authorize the revisions. Authorization of revisions
to State programs may be necessary when Federal or State statutory or
regulatory authority is modified or when certain other revisions occur.
Most commonly, States must revise their programs because of revisions
to EPA's regulations in 40 Code of Federal Regulations (CFR) parts 124,
260 through 268, 270, 273 and 279.
B. What decisions have we made in this rule?
EPA concludes that Virginia's application 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
its application for program revisions, subject to the procedures
described in section E, below. Virginia has responsibility for
permitting treatment, storage, and disposal facilities (TSDFs) within
its borders and for carrying out the aspects of the RCRA program
described in its application, subject to the limitations of the
Hazardous and Solid Waste Amendments of 1984 (HSWA). New Federal
requirements and prohibitions imposed by Federal regulations that EPA
promulgates under the authority of HSWA take effect in authorized
States before they are authorized for the requirements. Thus, EPA will
implement those HSWA requirements and prohibitions for which Virginia
has not been authorized, including issuing HSWA permits, until the
State is granted authorization to do so.
C. What is the effect of this authorization decision?
This decision serves to authorize revisions to Virginia's
authorized hazardous waste program. This action does not impose
additional requirements on the regulated community because the
regulations for which Virginia is being authorized by this action are
already effective and are not changed by this action. Virginia has
enforcement responsibilities under its state hazardous waste program
for violations of its program, but EPA retains its authority under RCRA
sections 3007, 3008, 3013, and 7003, which include, among others,
authority to:
[cir] Perform inspections, and require monitoring, tests, analyses
or reports;
[cir] Enforce RCRA requirements and suspend or revoke permits; and
[cir] Take enforcement actions regardless of whether Virginia has
taken its own actions.
D. Why wasn't there a proposed rule before this rule?
EPA did not publish a proposal before this 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 Virginia's program revisions. If EPA receives comments that
oppose this authorization, that document will serve as a proposal to
authorize the revisions to Virginia's program that were the subject of
adverse comment.
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 would become effective. EPA will base any further
decision on the authorization of Virginia's program revisions on the
proposal mentioned in the previous section. 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 the
authorization of a particular revision to Virginia's 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); July 10, 2006 (71
FR 27204); and July 30, 2008 (73 FR 44168).
G. What revisions are we authorizing with this action?
On December 18, 2012, Virginia submitted a final complete program
revision application, seeking authorization of additional 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 Code of
[[Page 54180]]
Federal Regulations as of December 31, 2010.
We now make an immediate final decision subject to receipt of
written comments that oppose this action that Virginia's hazardous
waste program revisions satisfies all of the requirements necessary to
qualify for final authorization. Therefore, EPA grants Virginia's final
authorization for the following program revisions:
1. Program Revision Changes for Federal Rules
Virginia seeks authority to administer the Federal requirements
that are listed in Table 1. Virginia incorporates by reference these
Federal provisions, in accordance with the dates specified in Title 9,
Virginia Administrative Code (9VAC 20-60-18). This Table lists the
Virginia analogs that are being recognized as no less stringent than
the analogous Federal requirements. The Virginia Waste Management Act
(VWMA), enacted by the 1986 session of Virginia's General Assembly and
recodifed in 1988 as Chapter 14, Title 10.1, Code of Virginia, forms
the basis of the Virginia program. These regulatory references are to
Title 9, Virginia Administrative Code (9 VAC) effective March 2, 2011.
Table 1--Virginia's Analogs to the Federal Requirements
------------------------------------------------------------------------
Description of Federal
requirement (revision Federal Register Analogous Virginia
checklists \1\) authority
------------------------------------------------------------------------
RCRA Cluster XVII
------------------------------------------------------------------------
Hazardous Waste and Used Oil; 71 FR 40254, July 9 VAC Sec. Sec. 20-
Correction to the Errors in 14, 2006. 60-18, 20-60-260 A,
the Code of Federal 20-60-261 A, 20-60-
Regulations, Revision 262 A, 20-60-264 A,
Checklist 214. 20-60-264 A, 20-60-
265 A, 20-60-266 A,
20-60-268 A, 20-60-
270 A, 20-60-273 A,
20-60-279 A.
Hazardous Waste Management 71 FR 42928, July 9 VAC Sec. Sec. 20-
System; Modification of the 28, 2006. 60-18, 20-60-260 A,
Hazardous Waste Program; 20-60-261 A.
Cathode Ray Tubes, Revision
Checklist 215.
------------------------------------------------------------------------
RCRA Cluster XVIII
------------------------------------------------------------------------
Regulation of Oil-Bearing 73 FR 57, January 9 VAC Sec. Sec. 20-
Hazardous Secondary Materials 2, 2008. 60-18, 20-60-260 A,
From the Petroleum Refining 20-60-261 A.
Industry Processed in a
Gasification System to
Produce Synthetic Gas,
Revision Checklist 216.
National Emission Standards 73 FR 18970, 9 VAC Sec. Sec. 20-
for Hazardous Waste Air April 8, 2008. 60-18, 20-60-264 A,
Pollutants; Standards for 20-60-266 A.
Hazardous Waste Combustors;
Amendments, Revision
Checklist 217.
Hazardous Waste Management 73 FR 31756, June 9 VAC Sec. Sec. 20-
System: Identification and 4, 2008. 60-18, 20-60-261 A.
Listing of Hazardous Waste;
Amendment to Hazardous Waste
Code F019, Revision Checklist
218.
------------------------------------------------------------------------
RCRA Cluster XIX
------------------------------------------------------------------------
Academic Laboratories 73 FR 72912, 9 VAC Sec. Sec. 20-
Generator Standards, Revision December 1, 2008. 60-18, 20-60-261 A,
Checklist 220. 20-60-262 A.
Expansion of RCRA Comparable 73 FR 77954, 9 VAC Sec. Sec. 20-
Fuel Exclusion, Revision December 19, 60-18, 20-60-261.
Checklist 221 \2\. 2008.
------------------------------------------------------------------------
RCRA Cluster XX
------------------------------------------------------------------------
OECD Requirements; Export 75 FR 1236, 9 VAC Sec. Sec. 20-
Shipments of Spend Lead-Acid January 8, 2010. 60-18, 20-60-262 A,
Batteries, Revision Checklist 20-60-263 A, 20-60-
222. 264 A, 20-60-265 A,
20-60-266 A.
Hazardous Waste Technical 75 FR 12989, 9 VAC Sec. Sec. 20-
Corrections and March 18, 2010; 60-260 A, 20-60-261
Clarification, Revision as amended 75 FR A, 20-60-262 A, 20-
Checklist 223. 31716, June 4, 60-263 A, 20-60-264
2010. A, 20-60-265 A, 20-
60-266 A, 20-60-268
A, 20-60-270 A.
------------------------------------------------------------------------
RCRA Cluster XXI
------------------------------------------------------------------------
Removal of Saccharin and Its 75 FR 78918, 9 VAC Sec. Sec. 20-
Salts from the List of December 17, 60-18, 20-60-261 A,
Hazardous Constituents, 2010. 20-60-268 A.
Revision Checklist 225.
Academic Laboratories 75 FR 79304, 9 VAC Sec. Sec. 20-
Generator Standards Technical December 20, 60-18, 20-60-262 A.
Corrections, Revision 2010.
Checklist 226.
------------------------------------------------------------------------
Other
------------------------------------------------------------------------
Hazardous Waste Management 71 FR 35395, June 9 VAC Sec. Sec. 20-
System; Identification and 20, 2006. 60-18, 20-60-261 A.
Listing of Hazardous Waste;
Removal of Final Rule.
Extension of Site-Specific 71 FR 35547, June 9 VAC Sec. Sec. 20-
Regulations for University 21, 2006. 60-18, 20-60-262 A.
Laboratories XL Projects.
Hazardous Waste Management 71 FR 43067, July 9 VAC Sec. Sec. 20-
System; Identification and 31, 2006. 60-18, 20-60-261 A.
Listing of Hazardous Waste;
Final Exclusion.
Hazardous Waste Management 72 FR 43, January 9 VAC Sec. Sec. 20-
System; Identification and 3, 2007. 60-18, 20-60-261 A.
Listing of Hazardous Waste;
Final Exclusion.
Hazardous Waste Management 72 FR 4645, 9 VAC Sec. Sec. 20-
System; Identification and February 1, 2007. 60-18, 20-60-261 A.
Listing of Hazardous Waste;
Final Exclusion.
[[Page 54181]]
Hazardous Waste Management 72 FR 31185 June 9 VAC Sec. Sec. 20-
System; Identification and 6, 2007. 60-18, 20-60-261 A.
Listing of Hazardous Waste;
Final Exclusion.
Standards for Universal Waste 72 FR 35666, June 9 VAC Sec. Sec. 20-
Management; CFR Correction. 29, 2007. 60-18, 20-60-273 A.
------------------------------------------------------------------------
\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/osw/laws-regs/state/index.htm.
\2\ Adopted changes to comparable fuel provisions amended on this date,
not the emissions comparable fuel provisions that were subsequently
withdrawn.
H. Where are the revised Virginia rules different from the Federal
rules?
1. 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 June 20, 2006 and
June 6, 2007 (71 FR 35395, 71 FR 35547, 71 FR 43067, 72 FR 43, 72 FR
4645, 72 FR 31185). EPA today is not authorizing Virginia to delist
wastes. 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.
2. Rules for Which Virginia Is Not Seeking Authorization
Virginia is not seeking authorization for the following RCRA
revisions that are found in 40 CFR as of December 31, 2010:
(a) Virginia is not seeking authorization for the Revision to the
Definition of Solid Waste rule (October 30, 2008, 73 FR 64668)
(b) Virginia is not seeking authorization for the Withdrawl of the
Emission Comparable Fuel Exclusion (June 15, 2010, 75 FR 33712) because
Virginia adopted the Expansion of the RCRA Comparable Fuel Exclusion
(December 19, 2008, 73 FR 77954) without the emission comparable fuel
exclusion provisions that were subsequently withdrawn in this rule.
I. Who handles permits after this authorization takes effect?
After this 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 that we issued prior to the effective
date of this authorization. Until such time as formal transfer of EPA
permit responsibility to Virginia occurs and EPA terminates its permit,
EPA and Virginia agree to coordinate the administration of permits in
order to maintain consistency. We will not issue any more new permits
or new portions of permits for the provisions listed in Section G 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
program revisions until a later date.
L. Administrative Requirements
The Office of Management and Budget has exempted this action from
the requirements of Executive Order 12866 (58 FR 51735, October 4,
1993), and 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 the State
of Virginia.
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
[[Page 54182]]
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. 3701, et seq.) do not apply. As required by section
3 of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing
this rule, EPA has taken the necessary steps to eliminate drafting
errors and ambiguity, minimize potential litigation, and provide a
clear legal standard for affected conduct. EPA has complied with
Executive Order 12630 (53 FR 8859, March 18, 1988) by examining the
takings implications of the rule in accordance with the Attorney
General's Supplemental Guidelines for the Evaluation of Risk and
Avoidance of Unanticipated Takings issued under the executive order.
This rule does not impose an information collection burden under the
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this document and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication in the Federal Register. A major rule cannot take effect
until 60 days after it is published in the Federal Register. This
action is not a ``major rule'' as defined by 5 U.S.C. 804(2); this
action will be effective November 4, 2013.
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: July 12, 2013.
Shawn M. Garvin,
Regional Administrator, EPA Region III.
[FR Doc. 2013-21378 Filed 8-30-13; 8:45 am]
BILLING CODE 6560-50-P
