Virginia: Final Authorization of State Hazardous Waste Management Program Revisions, 62995-62999 [2022-22578]
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Federal Register / Vol. 87, No. 200 / Tuesday, October 18, 2022 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 271
[EPA–R03–RCRA–2022–0351; FRL–9947–
02–R3]
Virginia: Final Authorization of State
Hazardous Waste Management
Program Revisions
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
Virginia has applied to the
United States Environmental Protection
Agency (EPA) for final authorization of
revisions to its hazardous waste
program under the Resource
Conservation and Recovery Act (RCRA).
EPA has determined that these revisions
satisfy all requirements needed to
qualify for final authorization and is
hereby authorizing Virginia’s revisions
through this direct final rule. In the
‘‘Proposed Rules’’ section of this issue
of the Federal Register, EPA is also
publishing a separate document that
serves as the proposal to authorize these
revisions. EPA believes this action is not
controversial and does not expect
comments that oppose it. Authorization
of Virginia’s revisions to its hazardous
waste program will take effect 30 days
after the conclusion of the public
comment period unless EPA receives
written comments that oppose this
authorization. If EPA receives adverse
comments pertaining to this State
revision, then EPA will publish in the
Federal Register a timely withdrawal of
this direct final rule before it takes
effect, and the separate document in the
‘‘Proposed Rules’’ section of the Federal
Register will serve as the proposal to
authorize any revisions made based on
comments received.
DATES: This final authorization will
become effective on December 19, 2022,
unless EPA receives adverse written
comments by November 17, 2022. If
EPA receives any such comments, then
EPA will publish a timely withdrawal of
this direct final rule in the Federal
Register.
SUMMARY:
Submit your comments,
identified by Docket ID No. EPA–R03–
RCRA–2022–0351 at
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from
www.regulations.gov. The EPA may
publish any comment received to its
public docket. Do not submit
electronically any information you
consider to be Confidential Business
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ADDRESSES:
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Information (CBI) or other information
the disclosure of which is restricted by
statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a
written comment. The written comment
is considered the official comment and
should include discussion of all points
you wish to make. The EPA will
generally not consider comments or
comment contents located outside of the
primary submission (i.e., on the web,
cloud, or other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
www.epa.gov/dockets/commenting-epadockets. The EPA encourages electronic
submittals, but if you are unable to
submit electronically or need other
assistance, please contact Jacqueline
Morrison, the contact listed in the FOR
FURTHER INFORMATION CONTACT provision
below. Please also contact Jacqueline
Morrison if you need assistance in a
language other than English or if you are
a person with disabilities who needs a
reasonable accommodation at no cost to
you.
62995
B. What decisions have we made in this
rule?
SUPPLEMENTARY INFORMATION:
On January 10, 2022, Virginia
submitted a final program revision
application (with subsequent
corrections) seeking authorization of
revisions to its hazardous waste
program that correspond to certain
Federal rules promulgated through
February 22, 2019.
EPA concludes that Virginia’s
application to revise its authorized
program meets all of the statutory and
regulatory requirements established by
RCRA, as set forth in RCRA section
3006(b), 42 U.S.C. 6926(b), and 40 CFR
part 271. Therefore, EPA grants Virginia
final authorization to operate its
hazardous waste program with the
revisions described in its authorization
application, as outlined below in
Section G of this document. Virginia has
responsibility for permitting treatment,
storage, and disposal facilities (TSDFs)
within its borders and for carrying out
the aspects of the RCRA program
described in its application, subject to
the limitations of the Hazardous and
Solid Waste Amendments of 1984
(HSWA). New Federal requirements and
prohibitions imposed by Federal
regulations that EPA promulgates under
the authority of HSWA take effect in
authorized States before they are
authorized for the requirements. Thus,
EPA will implement those HSWA
requirements and prohibitions for
which Virginia has not been authorized,
including issuing HSWA permits, until
the State is granted authorization to do
so.
A. Why are revisions to the State
programs necessary?
C. What is the effect of this
authorization decision?
States that have received final
authorization from EPA under RCRA
section 3006(b), 42 U.S.C. 6926(b), must
maintain a hazardous waste program
that is equivalent to, consistent with,
and no less stringent than the Federal
program. As the Federal program is
revised to become more stringent or
broader in scope, States must revise
their programs and apply to EPA to
authorize the revisions. Authorization of
revisions to state programs may be
necessary when Federal or State
statutory or regulatory authority is
modified or when certain other
revisions occur. Most commonly, States
must revise their programs because of
revisions to the EPA’s regulations in 40
Code of Federal Regulations (CFR) parts
124, 260 through 268, 270, 273, and 279.
This action serves to authorize
revisions to Virginia’s authorized
hazardous waste program. This action
does not impose additional
requirements on the regulated
community because the regulations for
which Virginia is being authorized by
this action are already effective and are
not changed by this action. Virginia has
enforcement responsibilities under its
State hazardous waste program for
violations of its program, but EPA
retains its authority under RCRA
sections 3007, 3008, 3013, and 7003,
which include, among others, authority
to:
• Perform inspections, and require
monitoring, tests, analyses or reports;
• Enforce RCRA requirements and
suspend or revoke permits; and
FOR FURTHER INFORMATION CONTACT:
Jacqueline Morrison, RCRA Programs
Branch, Land, Chemicals and
Redevelopment Division, U.S.
Environmental Protection Agency
Region III, Four Penn Center, 1600 John
F. Kennedy Blvd. (Mail code 3LD30),
Philadelphia, PA 19103–2852, Phone
number: (215) 814–5664; email:
Morrison.Jacqueline@epa.gov.
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Federal Register / Vol. 87, No. 200 / Tuesday, October 18, 2022 / Rules and Regulations
• Take enforcement actions regardless You may not have another opportunity
to comment. If you want to comment on
of whether Virginia has taken its own
this authorization, you must do so at
actions.
this time.
D. Why was there not a proposed rule
F. What has Virginia previously been
before this rule?
authorized for?
Along with this direct final rule, EPA
Virginia initially received final
is publishing a separate document in the
authorization of its hazardous waste
‘‘Proposed Rules’’ section of this issue
of the Federal Register that serves as the program effective December 18, 1984
(49 FR 47391). EPA granted
proposed rule to authorize these State
program revisions. EPA did not publish authorization for revisions to Virginia’s
regulatory program effective August 13,
a proposed rule before this issue of the
1993 (58 FR 32855); September 29, 2000
Federal Register because EPA views
(65 FR 46607); June 20, 2003 (68 FR
this action as a routine program change
36925); July 10, 2006 (71 FR 27204);
and does not expect comments that
July 30, 2008 (73 FR 44168); and
oppose its approval. EPA is providing
November 4, 2013 (78 FR 54178).
an opportunity for public comment
now, as described in Section E of this
G. What revisions are we authorizing
document.
with this action?
E. What happens if EPA receives
On January 10, 2022, Virginia
comments that oppose this action?
submitted a final program revision
If EPA receives adverse comments
pertaining to this State revision, EPA
will withdraw this direct final rule by
publishing a document in the Federal
Register before the rule becomes
effective. EPA will base any further
decision on the authorization of
Virginia’s program revisions on the
proposed rule mentioned in the
previous section, after considering all
comments received during the comment
period. EPA will then address all
relevant comments in a later final rule.
application (with subsequent
corrections) seeking authorization of
additional revisions to its hazardous
waste program, as published in the Code
of Federal Regulations from June 13,
2011, through February 22, 2019.
EPA now makes a direct final rule,
subject to receipt of written comments
that oppose this action, that Virginia’s
hazardous waste program revision
application satisfies all of the
requirements necessary to qualify for
final authorization. Therefore, EPA
grants Virginia final authorization for
the following program revisions:
1. Program Revision Changes for Federal
Rules
Virginia seeks authority to administer
the Federal requirements that are listed
in Table 1 of this document. Virginia
incorporates by reference these Federal
provisions, in accordance with the dates
specified in Title 9, Virginia
Administrative Code (9VAC 20–60–18).
This Table 1 lists the Virginia analogs
that are being recognized as no less
stringent than the analogous Federal
requirements.
The Virginia Waste Management Act
(VWMA) enacted by the 1986 session of
Virginia’s General Assembly and
recodified in 1988 as Chapter 14, Title
10.1, Code of Virginia, forms the basis
of the Virginia program. These
regulatory references are to Title 9,
Virginia Administrative Code (9 VAC)
effective through August 23, 2019. On
November 4, 2013 (78 FR 54178,
September 3, 2013), Virginia received
approval of Program Revision V to its
hazardous waste management program.
Since then, Virginia’s regulations have
been updated to include Federal
regulatory changes. This application,
Program Revision VI, addresses certain
changes made to Virginia’s hazardous
waste program between January 1, 2011,
and August 23, 2019.
TABLE 1—VIRGINIA’S ANALOGS TO THE FEDERAL REQUIREMENTS
Description of Federal requirement
(revision checklists 1)
Federal Register page and
date
Analogous Virginia authority
RCRA Cluster VIII
Exclusion of Recycled Wood Preserving Wastewaters, Revision
Checklist 167F.
63 FR 28556, May 26, 1988 .....
9VAC20–60–18; 9VAC20–60–261 A.
RCRA Cluster XXI
Revisions of the Treatment Standards for Carbamate Wastes,
Revision Checklist 227.
76 FR 34147, June 13, 2011 ....
9VAC20–60–18; 9VAC20–60–268.
RCRA Cluster XXII
Hazardous Waste Technical Corrections and Clarifications, Revision Checklist 228.
77 FR 22229, April 13, 2012 ....
9VAC20–60–18; 9VAC20–60–260; 9VAC20–60–266.
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RCRA Cluster XXIII
Conditional Exclusions for Solvent Contaminated Wipes, Revision Checklist 229.
Conditional Exclusion for Carbon Dioxide (CO2) Streams in
Geologic Sequestration Activities, Revision Checklist 230.
Hazardous Waste Electronic Manifest Rule, Revision Checklist
231.
Revisions to the Export Provisions of the Cathode Ray Tube
Rule, Revision Checklist 232.
78 FR 46448, July 31, 2013 .....
9VAC20–60–18; 9VAC20–60–260; 9VAC20–60–261.
79 FR 350, January 3, 2014 .....
9VAC20–60–18; 9VAC20–60–260; 9VAC20–60–261.
79 FR 7518, February 7, 2014
9VAC20–60–18; 9VAC20–60–260; 9VAC20–60–262; 9VAC20–
60–263; 9VAC20–60–264; 9VAC20–60–265.
9VAC20–60–18; 9VAC20–60–260; 9VAC20–60–261.
79 FR 36220, June 26, 2014 ....
RCRA Cluster XXIV
Revisions to the Definition of Solid Waste: Changes affecting all
non-waste determinations and variances, Revision Checklist
233A.
Revisions to the Definition of Solid Waste: Speculative Accumulation, Revision Checklist 233C.
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80 FR 1694, January 13, 2015
9VAC20–60–18; 9VAC20–60–260; 9VAC20–60–1390;
9VAC20–60–1420.
80 FR 1694, January 13, 2015
9VAC20–60–18; 9VAC20–60–261.
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62997
TABLE 1—VIRGINIA’S ANALOGS TO THE FEDERAL REQUIREMENTS—Continued
Description of Federal requirement
(revision checklists 1)
Federal Register page and
date
Analogous Virginia authority
Revisions to the Definition of Solid Waste: 2008 DSW exclusions and non-waste determinations, including revisions from
2015 DSW final rule and 2018 DSW final rule, Revision
Checklist 233D2.
Revisions to the Definition of Solid Waste: Remanufacturing exclusion, Revision Checklist 233E.
Response to Vacaturs of the Comparable Fuels Rule and the
Gasification Rule, Revision Checklist 234.
Disposal of Coal Combustion Residuals from Electric Utilities,
Revision Checklist 235.
80 FR 1694, January 13, 2015
83 FR 24664 May 30, 2018 ......
9VAC20–60–18; 9VAC20–60–260; 9VAC20–60–261; 9VAC20–
60–1390; 9VAC20–60–1420.
80 FR 1694, January 13, 2015
9VAC20–60–18; 9VAC20–60–260; 9VAC20–60–261.
80 FR 18777, April 8, 2015 ......
9VAC20–60–18; 9VAC20–60–260; 9VAC20–60–261.
80 FR 21302, April 17, 2015 ....
9VAC20–60–18; 9VAC20–60–261.
RCRA Cluster XXV
Imports and Exports of Hazardous Waste, Revision Checklist
236.
81 FR 85696,
2016.
82 FR 41015,
83 FR 38263,
81 FR 85732,
2016.
Hazardous Waste Generator Improvements Rule, Revision
Checklist 237.
November 28,
9VAC20–60–18; 9VAC20–60–260, 261, 262, 263, 264, 265,
266, 267, and 273.
August 29, 2017
August 6, 2018 ..
November 28,
9VAC20–60–18; 9VAC20–60–260, 261, 262, 263, 264, 265,
267, 268, 270, 273, and 279.
RCRA Cluster XXVI
Confidentiality Determinations for Hazardous Waste Export and
Import Documents, Revision Checklist 238.
82 FR 60894, December 26,
2017.
9VAC 20–60–18; 9VAC20–60–260, 261, and 262.
Safe Management of Recalled Airbags, Revision Checklist 240
83 FR 61552, November 30,
2018.
84 FR 5816, February 22, 2019
RCRA Cluster XXVII
Management Standards for Hazardous Waste Pharmaceuticals
and Amendment to the P075 Listing for Nicotine, Revision
Checklist 241.
9VAC20–60–18; 9VAC20–60–260, 261, 262.
9VAC20–60–18; 9VAC20–110–110; 9VAC20–60–261, 262, 264,
265, 266, 268, 270, and 273.
1 A Revision Checklist is a document that addresses the specific revisions made to the Federal regulations by one or more related final rules published in the Federal Register. EPA develops these checklists as tools to assist States in developing their authorization applications and in documenting specific State analogs to the
Federal Regulations. For more information see EPA’s RCRA State Authorization web page at https://www.epa.gov/rcra/state-authorization-under-resource-conservation-and-recovery-act-rcra.
2. State-Initiated Revisions
In addition, Virginia will be
authorized to carry out, in lieu of the
Federal program, State-initiated
revisions to provisions of the State’s
program. These State-initiated revisions
to some of Virginia’s existing
regulations are for the purpose of
correcting errors and adding consistency
or clarification to the existing
regulations. The following State
provisions were previously equivalent,
more stringent, or broader in scope and
now they are all equivalent and
analogous to the RCRA provisions found
at Title 40 of the Code of Federal
Regulations: 9VAC20–60–315 H,
9VAC20–60–420 E, 9VAC20–60–430 F,
9VAC20–60–440 A, B, C, C 1, D, and E,
9VAC20–60–450 (repealed), 9VAC20–
60–480 E 1, L, and M, 9VAC20–60–490
B 3, and 9VAC20–60 Forms.
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H. Where are the revised Virginia rules
different from the Federal rules?
When revised State rules differ from
the Federal rules in the RCRA State
authorization process, EPA determines
whether the State rules are equivalent
to, more stringent than, or broader in
scope than the Federal program.
Pursuant to RCRA section 3009, 42
U.S.C. 6929, State programs may
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contain requirements that are more
stringent than the Federal regulations.
Such more stringent requirements can
be federally authorized and, once
authorized, become federally
enforceable.
1. Virginia Requirements That Are More
Stringent Than the Federal Program
The following Virginia provisions are
more stringent than the Federal
program.
• Virginia is more stringent than the
Federal program at 9VAC20–60–490 C 4
by requiring that reports be submitted to
the State as well as to Federal
authorities.
• Virginia is more stringent than the
Federal program at 9VAC20–60–262 B 4
by requiring that large quantity
generators notify the State of each
location where hazardous waste is
accumulated.
• Virginia is more stringent than the
Federal program at 9VAC20–60–262 B 6
by requiring any receiving treatment,
storage, or disposal facility to hold a
permit; Virginia is also more stringent
than the Federal program by requiring
an EPA identification number for
transporters.
• Virginia’s regulations, at 9VAC20–
60–260 A, incorporate by reference the
Federal regulations at 40 CFR part 260,
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with some additions, modifications, and
exceptions, including the modification
at 9VAC20–60–260 B 2. This provision
is more stringent than the Federal
program in that it imposes additional
requirements for the management of
hazardous secondary materials in a
land-based unit.
• On January 13, 2015, EPA issued a
final rule that became effective on July
13, 2015, revising several recyclingrelated provisions associated with the
definition of solid waste used to
determine hazardous waste regulation
under RCRA subtitle C (80 FR 1694).
The revisions included adding
conditions to certain exclusions and
adding a codified definition of
‘‘contained.’’ On May 30, 2018, EPA
issued the final rule: ‘‘Response to
Vacatur of Certain Provisions of the
Definition of Solid Waste Rule,’’ 83 FR
24664. Because the 2018 rule included
provisions that are less stringent than
the 2015 revisions, states that adopted
the 2015 rule were not required to adopt
the 2018 rule. The Virginia regulations,
at 9VAC20–60–18, 9VAC20–60–260 B 9,
9VAC20–60–260 B 14, and 9VAC20–60–
261 B 14, specify that Virginia is
retaining the 2015 rules. In that respect,
the Virginia regulations are more
stringent than the Federal program.
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administer the RCRA program on these
lands.
2. Virginia Requirements That Are
Broader in Scope Than the Federal
Program
Although the statute does not prevent
States from adopting regulations that are
broader in scope than the Federal
program, States cannot receive
authorization for such regulations. EPA
cannot enforce requirements that are
broader in scope, although compliance
with such provisions is required by
Virginia law.
The following Virginia provisions are
broader in scope than the Federal
program in that they require the
payment of fees that are not required by
the Federal program:
• 9VAC20–60–1280 B requires the
payment of permit application fees.
• 9VAC20–60–1284 B 2 requires the
payment of annual fees.
• 9VAC20–60–1260 B, C, D, E, F, and
G 3, insofar as these provisions address
hazardous waste program fees.
• 9VAC20–60–1270 B, C, C 5, D, and
E set forth the method by which
application fee amounts shall be
determined.
• 9VAC20–60–1283 A, B, and C set
forth the method by which annual fee
amounts shall be determined.
• 9VAC20–60–1285 Table 1 sets forth
the schedule of permit application fees.
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I. Who handles permits after this
authorization takes effect?
After this authorization revision,
Virginia will continue to issue permits
covering all the provisions for which it
is authorized and will administer all
such permits. EPA will continue to
administer any RCRA hazardous waste
permits or portions of permits that it
issued prior to the effective date of this
authorization until the timing and
process for effective transfer to the State
are mutually agreed upon. Until such
time as EPA formally transfers
responsibility for a permit to Virginia
and EPA terminates its permit, EPA and
Virginia agree to coordinate the
administration of such a permit in order
to maintain consistency. EPA will not
issue any more new permits or new
portions of permits for the provisions
listed in Section G of this document
after the effective date of this
authorization. EPA will continue to
implement, and issue permits for HSWA
requirements for which Virginia is not
yet authorized.
J. How does this action affect Indian
country in Virginia?
Virginia is not authorized to carry out
the hazardous waste program in Indian
country (18 U.S.C. 1151) within the
State. EPA will implement and
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K. What is codification and is EPA
codifying Virginia’s hazardous waste
program as authorized in this rule?
Codification is the process of placing
a State’s statutes and regulations that
comprise the State’s authorized
hazardous waste program into the Code
of Federal Regulations. EPA does this by
referencing the authorized State rules in
40 CFR part 272. EPA is not proposing
to codify the authorization of Virginia’s
revisions at this time. However, EPA
reserves the amendment of 40 CFR part
272, subpart VV, for this authorization
of Virginia’s program revisions until a
later date.
L. Administrative Requirements
The Office of Management and Budget
has exempted this action from the
requirements of Executive Order 12866
(58 FR 51735, October 4, 1993) and
13563 (76 FR 3821, January 21, 2011).
Therefore, this action is not subject to
review by OMB. This action authorizes
State requirements for the purpose of
RCRA 3006 and imposes no additional
requirements beyond those imposed by
State law. Accordingly, I certify that this
action will not have a significant
economic impact on a substantial
number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.). Because this action authorizes
pre-existing requirements under State
law and does not impose any additional
enforceable duty beyond that required
by State law, it does not contain any
unfunded mandate or significantly or
uniquely affect small governments, as
described in the Unfunded Mandates
Reform Act of 1995 (Pub. L. 104–4). For
the same reason, this action also does
not significantly or uniquely affect the
communities of Tribal governments, as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
This action will not have substantial
direct effects on the States, on the
relationship between the National
Government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999), because it merely
authorizes State requirements as part of
the State RCRA hazardous waste
program without altering the
relationship or the distribution of power
and responsibilities established by
RCRA. This action also is not subject to
Executive Order 13045 (62 FR 19885,
April 23, 1997), because it is not
economically significant, and it does not
make decisions based on environmental
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health or safety risks that may
disproportionately affect children. This
rule is not subject to Executive Order
13211, ‘‘Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355 (May
22, 2001)) because it is not a significant
regulatory action under Executive Order
12866.
Under RCRA 3006(b), EPA grants a
State’s application for authorization as
long as the State meets the criteria
required by RCRA. It would thus be
inconsistent with applicable law for
EPA, when it reviews a State
authorization application to require the
use of any particular voluntary
consensus standard in place of another
standard that otherwise satisfies the
requirements of RCRA. Thus, the
requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. As required by
section 3 of Executive Order 12988 (61
FR 4729, February 7, 1996), in issuing
this rule, EPA has taken the necessary
steps to eliminate drafting errors and
ambiguity, minimize potential litigation,
and provide a clear legal standard for
affected conduct. EPA has complied
with Executive Order 12630 (53 FR
8859, March 18, 1988) by examining the
takings implications of the rule in
accordance with the Attorney General’s
Supplemental Guidelines for the
Evaluation of Risk and Avoidance of
Unanticipated Takings issued under the
executive order. This rule does not
impose an information collection
burden under the provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
Executive Order 12898 (59 FR 7629,
February 16, 1994) establishes Federal
executive policy on environmental
justice. Its main provision directs
Federal agencies, to the greatest extent
practicable and permitted by law, to
make environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
populations and low-income
populations in the United States. EPA
believes that this action does not have
disproportionately high and adverse
human health or environmental effects
on minority populations, low-income
populations and/or indigenous peoples,
because it approves pre-existing State
rules that are no less stringent than
existing Federal requirements and
imposes no additional requirements
beyond those imposed by State law. For
these reasons, this rule is not subject to
Executive Order 12898.
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The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this document and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication in the Federal Register. A
major rule cannot take effect until 60
days after it is published in the Federal
Register. This action is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
However, this action will not be
effective until December 19, 2022
because it is a direct final rule.
List of Subjects in 40 CFR Part 271
Environmental protection,
Administrative practice and procedure,
Confidential business information,
Hazardous waste, Hazardous waste
transportation, Indian lands,
Intergovernmental relations, Penalties,
Reporting and record keeping
requirements.
Authority: This action is issued under the
authority of sections 2002(a), 3006 and
7004(b) of the Solid Waste Disposal Act, as
amended, 42 U.S.C. 6912(a), 6926, 6974(b).
Adam Ortiz,
Regional Administrator, EPA Region III.
BILLING CODE 6560–50–P
DEPARTMENT OF VETERANS
AFFAIRS
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 802, 807, 808, 810, 813,
819, 832, 852 and 853
48 CFR Part 52
[FAC 2022–05; FAR Case 2021–008, Docket
No. 2021–0008, Sequence No. 1]
RIN 9000–AO22
khammond on DSKJM1Z7X2PROD with RULES
Federal Acquisition Regulation:
Amendments to the FAR Buy American
Act Requirements; Correction
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Final rule; correction.
VerDate Sep<11>2014
16:09 Oct 17, 2022
Jkt 259001
[Corrected]
1. On page 12795, in the first column,
correct amendatory instruction number
21.b., to read as follows:
■ b. In paragraph (f)(1)(i) removing the
word ‘‘product’’ from the end of the
sentence, and adding the phrase
‘‘product and that each domestic end
product listed in paragraph (f)(3) of this
provision contains a critical
component’’ in its place;
■
BILLING CODE 6820–EP–P
GENERAL SERVICES
ADMINISTRATION
DoD, GSA, and NASA are
issuing a correction to FAC 2022–05;
52.212–3
[FR Doc. 2022–22564 Filed 10–17–22; 8:45 am]
DEPARTMENT OF DEFENSE
SUMMARY:
Correction
In rule FR Doc. 2022–04173,
published in the Federal Register at 87
FR 12780, on March 7, 2022, make the
following correction:
William F. Clark,
Director, Office of Government-wide
Acquisition Policy, Office of Acquisition
Policy, Office of Government-wide Policy.
[FR Doc. 2022–22578 Filed 10–17–22; 8:45 am]
AGENCY:
FAR Case 2021–008; Amendments to
the FAR Buy American Act
Requirements; which published in the
Federal Register at 87 FR 12780, on
March 7, 2022. This correction makes an
editorial change to correct amendatory
instruction 21.b. to section 52.212–3.
DATES: Effective: October 25, 2022.
FOR FURTHER INFORMATION CONTACT: Ms.
Mahruba Uddowla, Procurement
Analyst, at 703–605–2868 or by email at
mahruba.uddowla@gsa.gov, for
clarification of content. For information
pertaining to status or publication
schedules, contact the Regulatory
Secretariat Division at 202–501–4755 or
GSARegSec@gsa.gov. Please cite FAC
2022–05, FAR Case 2021–008;
Correction.
SUPPLEMENTARY INFORMATION:
62999
and Services, Market Research, and
Small Business Programs, as well as
affected parts to include Definitions of
Words and Terms, Simplified
Acquisition Procedures, Contract
Financing, Solicitation Provisions and
Contract Clauses, and Forms.
DATES: Effective November 17, 2022.
FOR FURTHER INFORMATION CONTACT: Mr.
Bogdan Vaga, Senior Procurement
Analyst, Procurement Policy and
Warrant Management Services, 003A2A,
810 Vermont Avenue NW, Washington,
DC 20420, (202) 894–0686. (This is not
a toll-free telephone number.)
SUPPLEMENTARY INFORMATION:
Background
VA published a proposed rule in the
Federal Register at 87 FR 13598 on
March 9, 2022, to amend the VAAR to
implement and supplement the Federal
Acquisition Regulation (FAR). VA
provided a 60-day comment period for
the public to respond to the proposed
rule and submit comments. The public
comment period closed on May 9, 2022.
VA received no public comments.
This rulemaking is issued under the
authority of the Office of Federal
Procurement Policy (OFPP) Act which
provides the authority for an agency
head to issue agency acquisition
regulations that implement or
supplement the FAR.
The VAAR has been revised to add
new policy or regulatory requirements,
to update existing policy, and to remove
any redundant guidance where it may
exist in affected parts, and to place
guidance that is applicable only to VA’s
internal operating processes or
procedures in the VA Acquisition
Manual (VAAM).
This rule adopts as a final rule the
proposed rule published in the Federal
Register on March 9, 2022, except for
one technical non-substantive revision
as described below.
Discussion and Analysis
RIN 2900–AR06
Technical Non-Substantive Change to
the Rule
VA Acquisition Regulation: Acquisition
Planning; Required Sources of
Supplies and Services; Market
Research; and Small Business
Programs
This rule makes one non-substantive
change to the rule to provide clarity,
eliminate confusion, and to ensure
compliance with the Federal
Acquisition Regulation (FAR).
Specifically, in section 819.7002,
Applicability, VA is revising the term
‘‘commercial acquisitions’’ as used in
the section to reflect ‘‘commercial
products or commercial services’’ in
alignment with FAR final rule, Federal
Acquisition Regulation: Revision of
Definition of ‘‘Commercial Item’’, RIN
9000–AN76, effective December 6, 2021.
Department of Veterans Affairs.
Final rule.
AGENCY:
ACTION:
The Department of Veterans
Affairs (VA) is issuing a final rule
amending the VA Acquisition
Regulation (VAAR). This rulemaking
revises coverage concerning Acquisition
Planning, Required Sources of Supplies
SUMMARY:
PO 00000
Frm 00023
Fmt 4700
Sfmt 4700
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18OCR1
]]>Agencies
[Federal Register Volume 87, Number 200 (Tuesday, October 18, 2022)]
[Rules and Regulations]
[Pages 62995-62999]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22578]
[[Page 62995]]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[EPA-R03-RCRA-2022-0351; FRL-9947-02-R3]
Virginia: Final Authorization of State Hazardous Waste Management
Program Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: Virginia has applied to the United States Environmental
Protection Agency (EPA) for final authorization of revisions to its
hazardous waste program under the Resource Conservation and Recovery
Act (RCRA). EPA has determined that these revisions satisfy all
requirements needed to qualify for final authorization and is hereby
authorizing Virginia's revisions through this direct final rule. In the
``Proposed Rules'' section of this issue of the Federal Register, EPA
is also publishing a separate document that serves as the proposal to
authorize these revisions. EPA believes this action is not
controversial and does not expect comments that oppose it.
Authorization of Virginia's revisions to its hazardous waste program
will take effect 30 days after the conclusion of the public comment
period unless EPA receives written comments that oppose this
authorization. If EPA receives adverse comments pertaining to this
State revision, then EPA will publish in the Federal Register a timely
withdrawal of this direct final rule before it takes effect, and the
separate document in the ``Proposed Rules'' section of the Federal
Register will serve as the proposal to authorize any revisions made
based on comments received.
DATES: This final authorization will become effective on December 19,
2022, unless EPA receives adverse written comments by November 17,
2022. If EPA receives any such comments, then EPA will publish a timely
withdrawal of this direct final rule in the Federal Register.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
RCRA-2022-0351 at www.regulations.gov. Follow the online instructions
for submitting comments. Once submitted, comments cannot be edited or
removed from www.regulations.gov. The EPA may publish any comment
received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information the disclosure of which is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit
www.epa.gov/dockets/commenting-epa-dockets. The EPA encourages
electronic submittals, but if you are unable to submit electronically
or need other assistance, please contact Jacqueline Morrison, the
contact listed in the FOR FURTHER INFORMATION CONTACT provision below.
Please also contact Jacqueline Morrison if you need assistance in a
language other than English or if you are a person with disabilities
who needs a reasonable accommodation at no cost to you.
FOR FURTHER INFORMATION CONTACT: Jacqueline Morrison, RCRA Programs
Branch, Land, Chemicals and Redevelopment Division, U.S. Environmental
Protection Agency Region III, Four Penn Center, 1600 John F. Kennedy
Blvd. (Mail code 3LD30), Philadelphia, PA 19103-2852, Phone number:
(215) 814-5664; email: [email protected].
SUPPLEMENTARY INFORMATION:
A. Why are revisions to the State programs necessary?
States that have received final authorization from EPA under RCRA
section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous waste
program that is equivalent to, consistent with, and no less stringent
than the Federal program. As the Federal program is revised to become
more stringent or broader in scope, States must revise their programs
and apply to EPA to authorize the revisions. Authorization of revisions
to state programs may be necessary when Federal or State statutory or
regulatory authority is modified or when certain other revisions occur.
Most commonly, States must revise their programs because of revisions
to the EPA's regulations in 40 Code of Federal Regulations (CFR) parts
124, 260 through 268, 270, 273, and 279.
B. What decisions have we made in this rule?
On January 10, 2022, Virginia submitted a final program revision
application (with subsequent corrections) seeking authorization of
revisions to its hazardous waste program that correspond to certain
Federal rules promulgated through February 22, 2019.
EPA concludes that Virginia's application to revise its authorized
program meets all of the statutory and regulatory requirements
established by RCRA, as set forth in RCRA section 3006(b), 42 U.S.C.
6926(b), and 40 CFR part 271. Therefore, EPA grants Virginia final
authorization to operate its hazardous waste program with the revisions
described in its authorization application, as outlined below in
Section G of this document. Virginia has responsibility for permitting
treatment, storage, and disposal facilities (TSDFs) within its borders
and for carrying out the aspects of the RCRA program described in its
application, subject to the limitations of the Hazardous and Solid
Waste Amendments of 1984 (HSWA). New Federal requirements and
prohibitions imposed by Federal regulations that EPA promulgates under
the authority of HSWA take effect in authorized States before they are
authorized for the requirements. Thus, EPA will implement those HSWA
requirements and prohibitions for which Virginia has not been
authorized, including issuing HSWA permits, until the State is granted
authorization to do so.
C. What is the effect of this authorization decision?
This action serves to authorize revisions to Virginia's authorized
hazardous waste program. This action does not impose additional
requirements on the regulated community because the regulations for
which Virginia is being authorized by this action are already effective
and are not changed by this action. Virginia has enforcement
responsibilities under its State hazardous waste program for violations
of its program, but EPA retains its authority under RCRA sections 3007,
3008, 3013, and 7003, which include, among others, authority to:
Perform inspections, and require monitoring, tests,
analyses or reports;
Enforce RCRA requirements and suspend or revoke permits;
and
[[Page 62996]]
Take enforcement actions regardless of whether Virginia
has taken its own actions.
D. Why was there not a proposed rule before this rule?
Along with this direct final rule, EPA is publishing a separate
document in the ``Proposed Rules'' section of this issue of the Federal
Register that serves as the proposed rule to authorize these State
program revisions. EPA did not publish a proposed rule before this
issue of the Federal Register because EPA views this action as a
routine program change and does not expect comments that oppose its
approval. EPA is providing an opportunity for public comment now, as
described in Section E of this document.
E. What happens if EPA receives comments that oppose this action?
If EPA receives adverse comments pertaining to this State revision,
EPA will withdraw this direct final rule by publishing a document in
the Federal Register before the rule becomes effective. EPA will base
any further decision on the authorization of Virginia's program
revisions on the proposed rule mentioned in the previous section, after
considering all comments received during the comment period. EPA will
then address all relevant comments in a later final rule. You may not
have another opportunity to comment. If you want to comment on this
authorization, you must do so at this time.
F. What has Virginia previously been authorized for?
Virginia initially received final authorization of its hazardous
waste program effective December 18, 1984 (49 FR 47391). EPA granted
authorization for revisions to Virginia's regulatory program effective
August 13, 1993 (58 FR 32855); September 29, 2000 (65 FR 46607); June
20, 2003 (68 FR 36925); July 10, 2006 (71 FR 27204); July 30, 2008 (73
FR 44168); and November 4, 2013 (78 FR 54178).
G. What revisions are we authorizing with this action?
On January 10, 2022, Virginia submitted a final program revision
application (with subsequent corrections) seeking authorization of
additional revisions to its hazardous waste program, as published in
the Code of Federal Regulations from June 13, 2011, through February
22, 2019.
EPA now makes a direct final rule, subject to receipt of written
comments that oppose this action, that Virginia's hazardous waste
program revision application satisfies all of the requirements
necessary to qualify for final authorization. Therefore, EPA grants
Virginia final authorization for the following program revisions:
1. Program Revision Changes for Federal Rules
Virginia seeks authority to administer the Federal requirements
that are listed in Table 1 of this document. Virginia incorporates by
reference these Federal provisions, in accordance with the dates
specified in Title 9, Virginia Administrative Code (9VAC 20-60-18).
This Table 1 lists the Virginia analogs that are being recognized as no
less stringent than the analogous Federal requirements.
The Virginia Waste Management Act (VWMA) enacted by the 1986
session of Virginia's General Assembly and recodified in 1988 as
Chapter 14, Title 10.1, Code of Virginia, forms the basis of the
Virginia program. These regulatory references are to Title 9, Virginia
Administrative Code (9 VAC) effective through August 23, 2019. On
November 4, 2013 (78 FR 54178, September 3, 2013), Virginia received
approval of Program Revision V to its hazardous waste management
program. Since then, Virginia's regulations have been updated to
include Federal regulatory changes. This application, Program Revision
VI, addresses certain changes made to Virginia's hazardous waste
program between January 1, 2011, and August 23, 2019.
Table 1--Virginia's Analogs to the Federal Requirements
------------------------------------------------------------------------
Description of Federal
requirement (revision Federal Register Analogous Virginia
checklists \1\) page and date authority
------------------------------------------------------------------------
RCRA Cluster VIII
------------------------------------------------------------------------
Exclusion of Recycled Wood 63 FR 28556, May 9VAC20-60-18; 9VAC20-
Preserving Wastewaters, 26, 1988. 60-261 A.
Revision Checklist 167F.
------------------------------------------------------------------------
RCRA Cluster XXI
------------------------------------------------------------------------
Revisions of the Treatment 76 FR 34147, June 9VAC20-60-18; 9VAC20-
Standards for Carbamate 13, 2011. 60-268.
Wastes, Revision Checklist
227.
------------------------------------------------------------------------
RCRA Cluster XXII
------------------------------------------------------------------------
Hazardous Waste Technical 77 FR 22229, 9VAC20-60-18; 9VAC20-
Corrections and April 13, 2012. 60-260; 9VAC20-60-
Clarifications, Revision 266.
Checklist 228.
------------------------------------------------------------------------
RCRA Cluster XXIII
------------------------------------------------------------------------
Conditional Exclusions for 78 FR 46448, July 9VAC20-60-18; 9VAC20-
Solvent Contaminated Wipes, 31, 2013. 60-260; 9VAC20-60-
Revision Checklist 229. 261.
Conditional Exclusion for 79 FR 350, 9VAC20-60-18; 9VAC20-
Carbon Dioxide (CO2) Streams January 3, 2014. 60-260; 9VAC20-60-
in Geologic Sequestration 261.
Activities, Revision
Checklist 230.
Hazardous Waste Electronic 79 FR 7518, 9VAC20-60-18; 9VAC20-
Manifest Rule, Revision February 7, 2014. 60-260; 9VAC20-60-
Checklist 231. 262; 9VAC20-60-263;
9VAC20-60-264;
9VAC20-60-265.
Revisions to the Export 79 FR 36220, June 9VAC20-60-18; 9VAC20-
Provisions of the Cathode Ray 26, 2014. 60-260; 9VAC20-60-
Tube Rule, Revision Checklist 261.
232.
------------------------------------------------------------------------
RCRA Cluster XXIV
------------------------------------------------------------------------
Revisions to the Definition of 80 FR 1694, 9VAC20-60-18; 9VAC20-
Solid Waste: Changes January 13, 2015. 60-260; 9VAC20-60-
affecting all non-waste 1390; 9VAC20-60-
determinations and variances, 1420.
Revision Checklist 233A.
Revisions to the Definition of 80 FR 1694, 9VAC20-60-18; 9VAC20-
Solid Waste: Speculative January 13, 2015. 60-261.
Accumulation, Revision
Checklist 233C.
[[Page 62997]]
Revisions to the Definition of 80 FR 1694, 9VAC20-60-18; 9VAC20-
Solid Waste: 2008 DSW January 13, 2015. 60-260; 9VAC20-60-
exclusions and non-waste 83 FR 24664 May 261; 9VAC20-60-1390;
determinations, including 30, 2018. 9VAC20-60-1420.
revisions from 2015 DSW final
rule and 2018 DSW final rule,
Revision Checklist 233D2.
Revisions to the Definition of 80 FR 1694, 9VAC20-60-18; 9VAC20-
Solid Waste: Remanufacturing January 13, 2015. 60-260; 9VAC20-60-
exclusion, Revision Checklist 261.
233E.
Response to Vacaturs of the 80 FR 18777, 9VAC20-60-18; 9VAC20-
Comparable Fuels Rule and the April 8, 2015. 60-260; 9VAC20-60-
Gasification Rule, Revision 261.
Checklist 234.
Disposal of Coal Combustion 80 FR 21302, 9VAC20-60-18; 9VAC20-
Residuals from Electric April 17, 2015. 60-261.
Utilities, Revision Checklist
235.
------------------------------------------------------------------------
RCRA Cluster XXV
------------------------------------------------------------------------
Imports and Exports of 81 FR 85696, 9VAC20-60-18; 9VAC20-
Hazardous Waste, Revision November 28, 60-260, 261, 262,
Checklist 236. 2016. 263, 264, 265, 266,
82 FR 41015, 267, and 273.
August 29, 2017.
83 FR 38263,
August 6, 2018.
Hazardous Waste Generator 81 FR 85732, 9VAC20-60-18; 9VAC20-
Improvements Rule, Revision November 28, 60-260, 261, 262,
Checklist 237. 2016. 263, 264, 265, 267,
268, 270, 273, and
279.
------------------------------------------------------------------------
RCRA Cluster XXVI
------------------------------------------------------------------------
Confidentiality Determinations 82 FR 60894, 9VAC 20-60-18; 9VAC20-
for Hazardous Waste Export December 26, 60-260, 261, and
and Import Documents, 2017. 262.
Revision Checklist 238.
------------------------------------------------------------------------
RCRA Cluster XXVII
------------------------------------------------------------------------
Safe Management of Recalled 83 FR 61552, 9VAC20-60-18; 9VAC20-
Airbags, Revision Checklist November 30, 60-260, 261, 262.
240. 2018.
Management Standards for 84 FR 5816, 9VAC20-60-18; 9VAC20-
Hazardous Waste February 22, 110-110; 9VAC20-60-
Pharmaceuticals and Amendment 2019. 261, 262, 264, 265,
to the P075 Listing for 266, 268, 270, and
Nicotine, Revision Checklist 273.
241.
------------------------------------------------------------------------
\1\ A Revision Checklist is a document that addresses the specific
revisions made to the Federal regulations by one or more related final
rules published in the Federal Register. EPA develops these checklists
as tools to assist States in developing their authorization
applications and in documenting specific State analogs to the Federal
Regulations. For more information see EPA's RCRA State Authorization
web page at https://www.epa.gov/rcra/state-authorization-under-resource-conservation-and-recovery-act-rcra.
2. State-Initiated Revisions
In addition, Virginia will be authorized to carry out, in lieu of
the Federal program, State-initiated revisions to provisions of the
State's program. These State-initiated revisions to some of Virginia's
existing regulations are for the purpose of correcting errors and
adding consistency or clarification to the existing regulations. The
following State provisions were previously equivalent, more stringent,
or broader in scope and now they are all equivalent and analogous to
the RCRA provisions found at Title 40 of the Code of Federal
Regulations: 9VAC20-60-315 H, 9VAC20-60-420 E, 9VAC20-60-430 F, 9VAC20-
60-440 A, B, C, C 1, D, and E, 9VAC20-60-450 (repealed), 9VAC20-60-480
E 1, L, and M, 9VAC20-60-490 B 3, and 9VAC20-60 Forms.
H. Where are the revised Virginia rules different from the Federal
rules?
When revised State rules differ from the Federal rules in the RCRA
State authorization process, EPA determines whether the State rules are
equivalent to, more stringent than, or broader in scope than the
Federal program. Pursuant to RCRA section 3009, 42 U.S.C. 6929, State
programs may contain requirements that are more stringent than the
Federal regulations. Such more stringent requirements can be federally
authorized and, once authorized, become federally enforceable.
1. Virginia Requirements That Are More Stringent Than the Federal
Program
The following Virginia provisions are more stringent than the
Federal program.
Virginia is more stringent than the Federal program at
9VAC20-60-490 C 4 by requiring that reports be submitted to the State
as well as to Federal authorities.
Virginia is more stringent than the Federal program at
9VAC20-60-262 B 4 by requiring that large quantity generators notify
the State of each location where hazardous waste is accumulated.
Virginia is more stringent than the Federal program at
9VAC20-60-262 B 6 by requiring any receiving treatment, storage, or
disposal facility to hold a permit; Virginia is also more stringent
than the Federal program by requiring an EPA identification number for
transporters.
Virginia's regulations, at 9VAC20-60-260 A, incorporate by
reference the Federal regulations at 40 CFR part 260, with some
additions, modifications, and exceptions, including the modification at
9VAC20-60-260 B 2. This provision is more stringent than the Federal
program in that it imposes additional requirements for the management
of hazardous secondary materials in a land-based unit.
On January 13, 2015, EPA issued a final rule that became
effective on July 13, 2015, revising several recycling-related
provisions associated with the definition of solid waste used to
determine hazardous waste regulation under RCRA subtitle C (80 FR
1694). The revisions included adding conditions to certain exclusions
and adding a codified definition of ``contained.'' On May 30, 2018, EPA
issued the final rule: ``Response to Vacatur of Certain Provisions of
the Definition of Solid Waste Rule,'' 83 FR 24664. Because the 2018
rule included provisions that are less stringent than the 2015
revisions, states that adopted the 2015 rule were not required to adopt
the 2018 rule. The Virginia regulations, at 9VAC20-60-18, 9VAC20-60-260
B 9, 9VAC20-60-260 B 14, and 9VAC20-60-261 B 14, specify that Virginia
is retaining the 2015 rules. In that respect, the Virginia regulations
are more stringent than the Federal program.
[[Page 62998]]
2. Virginia Requirements That Are Broader in Scope Than the Federal
Program
Although the statute does not prevent States from adopting
regulations that are broader in scope than the Federal program, States
cannot receive authorization for such regulations. EPA cannot enforce
requirements that are broader in scope, although compliance with such
provisions is required by Virginia law.
The following Virginia provisions are broader in scope than the
Federal program in that they require the payment of fees that are not
required by the Federal program:
9VAC20-60-1280 B requires the payment of permit
application fees.
9VAC20-60-1284 B 2 requires the payment of annual fees.
9VAC20-60-1260 B, C, D, E, F, and G 3, insofar as these
provisions address hazardous waste program fees.
9VAC20-60-1270 B, C, C 5, D, and E set forth the method by
which application fee amounts shall be determined.
9VAC20-60-1283 A, B, and C set forth the method by which
annual fee amounts shall be determined.
9VAC20-60-1285 Table 1 sets forth the schedule of permit
application fees.
I. Who handles permits after this authorization takes effect?
After this authorization revision, Virginia will continue to issue
permits covering all the provisions for which it is authorized and will
administer all such permits. EPA will continue to administer any RCRA
hazardous waste permits or portions of permits that it issued prior to
the effective date of this authorization until the timing and process
for effective transfer to the State are mutually agreed upon. Until
such time as EPA formally transfers responsibility for a permit to
Virginia and EPA terminates its permit, EPA and Virginia agree to
coordinate the administration of such a permit in order to maintain
consistency. EPA will not issue any more new permits or new portions of
permits for the provisions listed in Section G of this document after
the effective date of this authorization. EPA will continue to
implement, and issue permits for HSWA requirements for which Virginia
is not yet authorized.
J. How does this action affect Indian country in Virginia?
Virginia is not authorized to carry out the hazardous waste program
in Indian country (18 U.S.C. 1151) within the State. EPA will implement
and administer the RCRA program on these lands.
K. What is codification and is EPA codifying Virginia's hazardous waste
program as authorized in this rule?
Codification is the process of placing a State's statutes and
regulations that comprise the State's authorized hazardous waste
program into the Code of Federal Regulations. EPA does this by
referencing the authorized State rules in 40 CFR part 272. EPA is not
proposing to codify the authorization of Virginia's revisions at this
time. However, EPA reserves the amendment of 40 CFR part 272, subpart
VV, for this authorization of Virginia's program revisions until a
later date.
L. Administrative Requirements
The Office of Management and Budget has exempted this action from
the requirements of Executive Order 12866 (58 FR 51735, October 4,
1993) and 13563 (76 FR 3821, January 21, 2011). Therefore, this action
is not subject to review by OMB. This action authorizes State
requirements for the purpose of RCRA 3006 and imposes no additional
requirements beyond those imposed by State law. Accordingly, I certify
that this action will not have a significant economic impact on a
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Because this action authorizes pre-existing
requirements under State law and does not impose any additional
enforceable duty beyond that required by State law, it does not contain
any unfunded mandate or significantly or uniquely affect small
governments, as described in the Unfunded Mandates Reform Act of 1995
(Pub. L. 104-4). For the same reason, this action also does not
significantly or uniquely affect the communities of Tribal governments,
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
This action will not have substantial direct effects on the States,
on the relationship between the National Government and the States, or
on the distribution of power and responsibilities among the various
levels of government, as specified in Executive Order 13132 (64 FR
43255, August 10, 1999), because it merely authorizes State
requirements as part of the State RCRA hazardous waste program without
altering the relationship or the distribution of power and
responsibilities established by RCRA. This action also is not subject
to Executive Order 13045 (62 FR 19885, April 23, 1997), because it is
not economically significant, and it does not make decisions based on
environmental health or safety risks that may disproportionately affect
children. This rule is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355 (May 22, 2001)) because it is not a
significant regulatory action under Executive Order 12866.
Under RCRA 3006(b), EPA grants a State's application for
authorization as long as the State meets the criteria required by RCRA.
It would thus be inconsistent with applicable law for EPA, when it
reviews a State authorization application to require the use of any
particular voluntary consensus standard in place of another standard
that otherwise satisfies the requirements of RCRA. Thus, the
requirements of section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required
by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996),
in issuing this rule, EPA has taken the necessary steps to eliminate
drafting errors and ambiguity, minimize potential litigation, and
provide a clear legal standard for affected conduct. EPA has complied
with Executive Order 12630 (53 FR 8859, March 18, 1988) by examining
the takings implications of the rule in accordance with the Attorney
General's Supplemental Guidelines for the Evaluation of Risk and
Avoidance of Unanticipated Takings issued under the executive order.
This rule does not impose an information collection burden under the
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.).
Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
Federal executive policy on environmental justice. Its main provision
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States. EPA believes that this action does
not have disproportionately high and adverse human health or
environmental effects on minority populations, low-income populations
and/or indigenous peoples, because it approves pre-existing State rules
that are no less stringent than existing Federal requirements and
imposes no additional requirements beyond those imposed by State law.
For these reasons, this rule is not subject to Executive Order 12898.
[[Page 62999]]
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this document and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication in the Federal Register. A major rule cannot take effect
until 60 days after it is published in the Federal Register. This
action is not a ``major rule'' as defined by 5 U.S.C. 804(2). However,
this action will not be effective until December 19, 2022 because it is
a direct final rule.
List of Subjects in 40 CFR Part 271
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous waste, Hazardous waste
transportation, Indian lands, Intergovernmental relations, Penalties,
Reporting and record keeping requirements.
Authority: This action is issued under the authority of sections
2002(a), 3006 and 7004(b) of the Solid Waste Disposal Act, as
amended, 42 U.S.C. 6912(a), 6926, 6974(b).
Adam Ortiz,
Regional Administrator, EPA Region III.
[FR Doc. 2022-22578 Filed 10-17-22; 8:45 am]
BILLING CODE 6560-50-P
