West Virginia: Final Authorization of State Hazardous Waste Management Program Revisions, 79446-79450 [2024-21665]
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[FR Doc. 2024–22134 Filed 9–27–24; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 271
[EPA–R03–RCRA–2024–0046; FRL–11702–
03–R3]
West Virginia: Final Authorization of
State Hazardous Waste Management
Program Revisions
Environmental Protection
Agency (EPA).
ACTION: Direct final action.
AGENCY:
The state of West 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 West
Virginia’s revisions through this direct
final rule.
DATES: This final authorization will
become effective on November 29, 2024,
unless EPA receives adverse written
comments by October 30, 2024. If EPA
receives any such comments, 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–2024–0046 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
SUMMARY:
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effective
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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-epadockets.
The EPA encourages electronic
submittals, but if you are unable to
submit electronically or need other
assistance, please contact Priscilla Ortiz
Carrero, the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
Please also contact Priscilla Ortiz
Carrero 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:
Priscilla Ortiz Carrero, RCRA Programs
Branch, Land, Chemicals and
Redevelopment Division, U.S.
Environmental Protection Agency
Region 3 Four Penn Center, 1600 John
F. Kennedy Blvd. (Mail code 3LD31),
Philadelphia, PA 19103–2852, Phone
number: (215) 814–3428; email:
ortizcarrero.priscilla@epa.gov.
SUPPLEMENTARY INFORMATION:
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Explanation
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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
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?
On August 9, 2022, West Virginia
submitted a final program revision
application (with updated checklists
submitted the following year) seeking
authorization of revisions to its
hazardous waste program that
correspond to certain Federal rules
promulgated through August 21, 2019.
EPA concludes that West 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 West
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 preamble.
West Virginia has responsibility for
permitting treatment, storage, and
disposal facilities (TSDFs) within its
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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 West
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 West Virginia’s authorized
hazardous waste program. This action
does not impose additional
requirements on the regulated
community because the regulations for
which West Virginia is being authorized
by this action are already effective and
are not changed by this action. West
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
• Take enforcement actions regardless
of whether West 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
proposal to authorize these State
program revisions. EPA did not publish
a proposed rulemaking 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 preamble.
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 West
Virginia’s program revisions on the
proposed rulemaking 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 West Virginia previously
been authorized for?
West Virginia initially received final
authorization of its hazardous waste
program effective May 29, 1986 (May
15, 1986, 51 FR 17739). EPA granted
authorization for revisions to West
Virginia’s regulatory program on May
10, 2000, effective July 10, 2000 (65 FR
29973); October 16, 2003, effective
December 15, 2003 (68 FR 59542); and
November 25, 2013, effective January
24, 2014 (78 FR 70225).
G. What revisions is EPA authorizing
with this action?
On August 9, 2022, West Virginia
submitted a final program revision
application (with subsequent
79447
corrections) seeking authorization of
additional revisions to its hazardous
waste program in accordance with 40
CFR 271.21. West Virginia’s revision
application includes various regulations
that are equivalent to, and no less
stringent than, selected Federal final
hazardous waste rules, as published in
the Federal Register through August 19,
2019.
EPA now makes a direct final rule,
subject to receipt of written comments
that oppose this action, that West
Virginia’s hazardous waste program
revision application satisfies all of the
requirements necessary to qualify for
final authorization. Therefore, EPA
grants West Virginia final authorization
for the following program revisions:
1. Program Revision Changes for Federal
Rules
West Virginia seeks authority to
administer the Federal requirements
that are listed in Table 1 of this
preamble. This table lists the West
Virginia analogs that have been revised;
these revisions are being recognized as
no less stringent than the analogous
Federal requirements.
West Virginia’s regulatory references
are to the West Virginia Code of State
Regulations, Title 33, Series 20
‘‘Hazardous Waste Management
System’’ (33CSR20), effective July 1,
2020; Title 45, Series 25 ‘‘Control of Air
Pollution from Hazardous Waste
Treatment, Storage and Disposal
Facilities’’ (45CSR25), effective June 1,
2020; Title 150, Series 11 ‘‘Rules
Governing the Transportation of
Hazardous Waste by Rail’’ (150CSR11),
effective December 24, 2002; and Title
157, Series 7 ‘‘Transportation of
Hazardous Wastes Upon the Roads and
Highways’’ (157CSR7), effective March
17, 2020.
TABLE 1—WEST VIRGINIA’S ANALOGS TO THE FEDERAL REQUIREMENTS
Description of Federal requirement
(revision checklists 1)
Federal Register page and date
Analogous West Virginia authority
RCRA Cluster XVI
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Standardized Permit for RCRA Hazardous Waste
Management Facilities, Revision Checklist 210.
70 FR 53420–53478, 09/08/2005 ...............................
33CSR20 secs, 1.5.a, 2.1, 2.1.a, 3.1, 11.1, 11.2,
11.2.a, 11.4, 11.4.a, 11.4.b, 11.4.c, 11.5, 11.5.a,
11.6, 11.8, 11.8.b, 11.8.b.1, 11.11, 11.12, 11.13,
11.16, 11.17, and 16.
RCRA Cluster XXI
Removal of Saccharin and Its Salts from the Lists of
Hazardous Constituents, Checklist 225.
Academic Laboratories Generator Standards Technical Corrections, Revision Checklist 226.
Revision of the Land Disposal Treatment Standards
for Carbamate Wastes, Revision Checklist 227.
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75 FR 78918–78926, 12/17/2010 ...............................
33CSR20 sec. 3.1.
75 FR 79304–79308, 12/20/2010 ...............................
33CSR20 sec. 5.1.
76 FR 34147–34157, 06/13/2011 ...............................
33CSR20 sec. 10.1.
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TABLE 1—WEST VIRGINIA’S ANALOGS TO THE FEDERAL REQUIREMENTS—Continued
Description of Federal requirement
(revision checklists 1)
Federal Register page and date
Analogous West Virginia authority
RCRA Cluster XXII
Hazardous Waste Technical Corrections and Clarifications Rule, Revision Checklist 228.
77 FR 22229–22232, 04/13/2012 ...............................
33CSR20, secs. 3.1 and 9.1; 45CSR25, secs. 1.6.a
and 1.6.b.
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.
78 FR 46448–46485, 07/31/2013 ...............................
79 FR 350–364, 01/03/2014 .......................................
33CSR20, secs. 2.1.a, 3.1, and 5.3; 45CSR25, secs.
1.6.a and 1.6.b.
33CSR20, secs. 2.1.a and 3.1.
RCRA Cluster XXIV
Revisions to the Definition of Solid Waste Non-waste
determinations and variances, Revision Checklist
233A.
Revisions to the Definition of Solid Waste Legitimacy
related provisions, Revision Checklist 233B.
Revisions to the Definition of Solid Waste Speculative
Accumulation, Revision Checklist 233C.
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 1694–1814 (January 13, 2015); 83 FR 24664–
24671 (May 30, 2018).
33CSR20, sec. 2.1.
80 FR 1694–1814 (January 13, 2015); 83 FR 24664–
24671 (May 30, 2018).
80 FR 1694–1814 (January 13, 2015) ........................
33CSR20, secs. 2.1, 2.1.a, and 3.1.
33CSR20, sec. 3.1.
80 FR 1694–1814 (January 13, 2015); 83 FR 24664–
24671 (May 30, 2018).
33CSR20 secs. 2.1, 2.1.a, 3.1, and 11.1.
80 FR 1694–1814 (January 13, 2015) ........................
33CSR20 secs. 2.1.a. and 3.1.
80 FR 18777–18780, 04/08/2015 ...............................
33CSR20 secs. 2.1.a and 3.1.
80 FR 21302–21501, 04/17/2015 ...............................
33CSR20 sec. 3.1.
RCRA Cluster XXV
Hazardous Waste Generator Rule Improvements, Revision Checklist 237.
81 FR 85730–85829, 11/28/2016 ...............................
33CSR20 secs. 2.1, 2.1.a, 2.5.d, 3.1, 4, 4.2, 5.1, 5.2,
5.2.a, 5.3, 5.4, 6.1, 6.2, 7.2, 8.1, 8.6, 9.1, 10.1,
11.1, 13.1, 13.4, 14, and 14.1; 157CSR7 secs. 3,
3.1.1, 5.1; 150CSR11 secs. 1.7, 1.8, 1.11, 2, 4, 8,
9, 10; 45CSR25 secs. 1.6.a, 1.6.b.
RCRA Cluster XXVII
Safe Management of Recalled Airbags, Revision
Checklist 240.
Management Standards for Hazardous Waste Pharmaceuticals and Amendment to the P075 Listing for
Nicotine, Revision Checklist 241.
83 FR 61552–61563, 11/30/2018 ...............................
33CSR20 secs. 2.1.a, 3.1, and 5.1.
84 FR 5816–5950, 02/22/2019 ...................................
33CSR20 secs, 3.1, 5.1, 7.2, 8.1, 9.1, 10.1, 11.1,
and 13.1.
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, West 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
are related to the adoption and
renumbering of provisions throughout
the State’s hazardous waste regulations.
The changes improve the clarity of the
State’s regulations and provide the
necessary conforming changes due to
State terms, or which are related to
Federal amendments that do not apply
to West Virginia. Tables 2 and 3 of this
preamble list the updates on 33CSR20,
effective July 1, 2020, where the State
incorporates by reference per 33CSR20
sec. 1.5 the Federal counterparts in
effect on August 21, 2019.
TABLE 2—REDESIGNATED PROVISIONS IN WEST VIRGINIA’S HAZARDOUS WASTE REGULATIONS
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33CSR20
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33CSR20
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sec.
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sec.
sec.
sec.
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1.9 ....................................................................................
3.2 ....................................................................................
4.2.b .................................................................................
4.2.c .................................................................................
4.2.d .................................................................................
4.2.e .................................................................................
5.5 ....................................................................................
7.6.a .................................................................................
8.2 ....................................................................................
33CSR20
33CSR20
33CSR20
33CSR20
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1.6.
5.3.
4.2.a.
4.2.b.
4.2.c.
4.2.d.
5.4.
7.6.
8.3 and 8.3.a.
8.2 and 8.3 general rewrite.
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TABLE 2—REDESIGNATED PROVISIONS IN WEST VIRGINIA’S HAZARDOUS WASTE REGULATIONS—Continued
State citation as found in 33CSR20, effective June 1, 2012
33CSR20 sec. 8.3 ....................................................................................
33CSR20 sec. 8.4 ....................................................................................
33CSR20 sec. 8.5 ....................................................................................
State citation as found in 33CSR20, effective July 1, 2020
33CSR20 sec. 8.4.
33CSR20 sec. 8.5.
33CSR20 sec. 8.6.
TABLE 3—PROVISIONS ADDED OR REMOVED FROM WEST VIRGINIA’S HAZARDOUS WASTE REGULATIONS
State citation as found in 33CSR20, effective June 1, 2015
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33CSR20
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33CSR20
33CSR20
33CSR20
33CSR20
33CSR20
33CSR20
33CSR20
33CSR20
33CSR20
33CSR20
sec.
sec.
sec.
sec.
sec.
sec.
sec.
sec.
sec.
sec.
sec.
sec.
sec.
1.6 through 33CSR20 sec. 1.8 ........................................
1.10 ..................................................................................
2.1.b .................................................................................
2.1.a.3 ..............................................................................
3.3 ....................................................................................
4.1.a through 33CSR20 sec. 4.1.b ..................................
4.2.a .................................................................................
4.2.f ..................................................................................
5.4 ....................................................................................
5.6 ....................................................................................
5.7 ....................................................................................
8.2 ....................................................................................
11.2.b ...............................................................................
State citation as found in 33CSR20, effective July 1, 2020
Removed.
Removed.
Removed.
Added.
Removed.
Removed.
Removed.
Removed.
Removed.
Removed.
Removed.
Removed.
Removed.
H. Where are the revised West Virginia
rules different from the Federal rules?
VSQGs from the analogous requirements
listed above.
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. West Virginia’s hazardous
waste program contains several
provisions that are more stringent than
the RCRA program. They include, but
are not limited to, the following:
1. West Virginia’s regulation at
33CSR20 section 4 requires notification
to the State of activities involving
hazardous waste in the State of West
Virginia. This is in addition to the
Federal notification requirements found
at 40 CFR 262.10(a)(2)(i), 262.13(c)(1),
262.14(a), 262.16, 262.17, 262.232(a)(2),
and 266.80(a).
2. West Virginia’s regulation at
33CSR20 section 5.3 excepts from
incorporation by reference the Federal
regulations at 40 CFR 262.14(a)(5)(iv)
and (v). These Federal provisions list
some conditions that must be met by
very small quantity generators (VSQGs)
in order to be exempt from meeting
most of the requirements of 40 CFR
parts 124, 262–268, and 270. West
Virginia’s program is more stringent
because meeting the conditions listed in
the Federal provisions will not exempt
I. Who handles permits after this
authorization takes effect?
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After this authorization revision, West
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 West
Virginia and EPA terminates its permit,
EPA and West Virginia agree to
coordinate the administration of such
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
preamble after the effective date of this
authorization. EPA will continue to
implement and issue permits for HSWA
requirements for which West Virginia is
not yet authorized.
J. How does this action affect Indian
country (18 U.S.C. 1151) in West
Virginia?
West Virginia is not seeking
authorization to operate the program on
Indian lands, since there are no
Federally recognized Indian lands in
West Virginia.
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K. What is codification and is EPA
codifying West 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 codifying
the authorization of West Virginia’s
revisions at this time. However, EPA
reserves the amendment of 40 CFR part
272, subpart XX, for this authorization
of West Virginia’s program revisions
until a later date.
L. Statutory and Executive Order
Reviews
This action is not a significant
regulatory action as defined in
Executive Order 12866 (58 FR 51735,
October 4, 1993), as amended by
Executive Order 14094 (88 FR 21879,
April 11, 2023), because this action
authorizes State requirements pursuant
to RCRA section 3006 and imposes no
additional requirements beyond those
imposed by State law. Therefore, this
action was not subject to a requirement
for Executive Order 12866 review.
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
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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). In any
case, Executive Order 13175 does not
apply to this rule since there are no
Federally recognized tribes in West
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 section 3006(b), EPA
grants a State’s application for
authorization as long as the State meets
the criteria required by RCRA. It would
thus be inconsistent with applicable law
for EPA, when it reviews a State
authorization application, to require the
use of any particular voluntary
consensus standard in place of another
standard that otherwise satisfies the
requirements of RCRA. Thus, the
requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply.
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
VerDate Sep<11>2014
16:22 Sep 27, 2024
Jkt 262001
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.
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 November 29, 2024
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 3.
[FR Doc. 2024–21665 Filed 9–27–24; 8:45 am]
BILLING CODE 6560–50–P
PO 00000
Frm 00082
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DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
42 CFR Parts 422, 423, and 460
[CMS–4201–F5 and CMS–4205–F4]
RIN 0938–AV24 and 0938–AU96
Medicare Program; Changes to the
Medicare Advantage and the Medicare
Prescription Drug Benefit Program for
Contract Year 2024—Remaining
Provisions and Contract Year 2025
Policy and Technical Changes to the
Medicare Advantage Program,
Medicare Prescription Drug Benefit
Program, Medicare Cost Plan Program,
and Programs of All-Inclusive Care for
the Elderly (PACE); Correcting
Amendment
Centers for Medicare &
Medicaid Services (CMS), Department
of Health and Human Services (HHS).
ACTION: Final rule; correcting
amendment.
AGENCY:
This document corrects
technical and typographical errors in
the final rule that appeared in the April
23, 2024 Federal Register titled
‘‘Medicare Program; Changes to the
Medicare Advantage and the Medicare
Prescription Drug Benefit Program for
Contract Year 2024—Remaining
Provisions and Contract Year 2025
Policy and Technical Changes to the
Medicare Advantage Program, Medicare
Prescription Drug Benefit Program,
Medicare Cost Plan Program, and
Programs of All-Inclusive Care for the
Elderly (PACE).’’ The effective date of
the final rule was June 3, 2024.
DATES: This correcting amendment is
effective September 30, 2024.
FOR FURTHER INFORMATION CONTACT:
Carly Medosch, (410) 786–8633—
General Questions.
Naseem Tarmohamed, (410) 786–
0814—Part C and Cost Plan Issues.
Lucia Patrone, (410) 786–8621—Part
D Issues.
Kelley Ordonio, (410) 786–3453—
Parts C and D Payment Issues.
Hunter Coohill, (720) 853–2804—
Enforcement Issues.
Lauren Brandow, (410) 786–9765—
PACE Issues.
Sara Klotz, (410) 786–1984—D–SNP
Issues.
Joe Strazzire, (410) 786–2775—RADV
Audit Appeals Issues.
PartCandDStarRatings@
cms.hhs.gov—Parts C and D Star Ratings
Issues.
SUPPLEMENTARY INFORMATION:
SUMMARY:
E:\FR\FM\30SER1.SGM
30SER1
]]>Agencies
[Federal Register Volume 89, Number 189 (Monday, September 30, 2024)]
[Rules and Regulations]
[Pages 79446-79450]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21665]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[EPA-R03-RCRA-2024-0046; FRL-11702-03-R3]
West Virginia: Final Authorization of State Hazardous Waste
Management Program Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final action.
-----------------------------------------------------------------------
SUMMARY: The state of West 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 West Virginia's revisions
through this direct final rule.
DATES: This final authorization will become effective on November 29,
2024, unless EPA receives adverse written comments by October 30, 2024.
If EPA receives any such comments, 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-2024-0046 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
Priscilla Ortiz Carrero, the contact listed in the FOR FURTHER
INFORMATION CONTACT section. Please also contact Priscilla Ortiz
Carrero 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: Priscilla Ortiz Carrero, RCRA Programs
Branch, Land, Chemicals and Redevelopment Division, U.S. Environmental
Protection Agency Region 3 Four Penn Center, 1600 John F. Kennedy Blvd.
(Mail code 3LD31), Philadelphia, PA 19103-2852, Phone number: (215)
814-3428; email: [email protected].
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?
On August 9, 2022, West Virginia submitted a final program revision
application (with updated checklists submitted the following year)
seeking authorization of revisions to its hazardous waste program that
correspond to certain Federal rules promulgated through August 21,
2019.
EPA concludes that West 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 West
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 preamble.
West Virginia has responsibility for permitting treatment, storage,
and disposal facilities (TSDFs) within its
[[Page 79447]]
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 West 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 West Virginia's
authorized hazardous waste program. This action does not impose
additional requirements on the regulated community because the
regulations for which West Virginia is being authorized by this action
are already effective and are not changed by this action. West 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
Take enforcement actions regardless of whether West
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 proposal to authorize these State program
revisions. EPA did not publish a proposed rulemaking 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 preamble.
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 West Virginia's program
revisions on the proposed rulemaking 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 West Virginia previously been authorized for?
West Virginia initially received final authorization of its
hazardous waste program effective May 29, 1986 (May 15, 1986, 51 FR
17739). EPA granted authorization for revisions to West Virginia's
regulatory program on May 10, 2000, effective July 10, 2000 (65 FR
29973); October 16, 2003, effective December 15, 2003 (68 FR 59542);
and November 25, 2013, effective January 24, 2014 (78 FR 70225).
G. What revisions is EPA authorizing with this action?
On August 9, 2022, West Virginia submitted a final program revision
application (with subsequent corrections) seeking authorization of
additional revisions to its hazardous waste program in accordance with
40 CFR 271.21. West Virginia's revision application includes various
regulations that are equivalent to, and no less stringent than,
selected Federal final hazardous waste rules, as published in the
Federal Register through August 19, 2019.
EPA now makes a direct final rule, subject to receipt of written
comments that oppose this action, that West Virginia's hazardous waste
program revision application satisfies all of the requirements
necessary to qualify for final authorization. Therefore, EPA grants
West Virginia final authorization for the following program revisions:
1. Program Revision Changes for Federal Rules
West Virginia seeks authority to administer the Federal
requirements that are listed in Table 1 of this preamble. This table
lists the West Virginia analogs that have been revised; these revisions
are being recognized as no less stringent than the analogous Federal
requirements.
West Virginia's regulatory references are to the West Virginia Code
of State Regulations, Title 33, Series 20 ``Hazardous Waste Management
System'' (33CSR20), effective July 1, 2020; Title 45, Series 25
``Control of Air Pollution from Hazardous Waste Treatment, Storage and
Disposal Facilities'' (45CSR25), effective June 1, 2020; Title 150,
Series 11 ``Rules Governing the Transportation of Hazardous Waste by
Rail'' (150CSR11), effective December 24, 2002; and Title 157, Series 7
``Transportation of Hazardous Wastes Upon the Roads and Highways''
(157CSR7), effective March 17, 2020.
Table 1--West Virginia's Analogs to the Federal Requirements
------------------------------------------------------------------------
Description of Federal
requirement (revision checklists Federal Register Analogous West
\1\) page and date Virginia authority
------------------------------------------------------------------------
RCRA Cluster XVI
------------------------------------------------------------------------
Standardized Permit for RCRA 70 FR 53420-53478, 33CSR20 secs,
Hazardous Waste Management 09/08/2005. 1.5.a, 2.1,
Facilities, Revision Checklist 2.1.a, 3.1, 11.1,
210. 11.2, 11.2.a,
11.4, 11.4.a,
11.4.b, 11.4.c,
11.5, 11.5.a,
11.6, 11.8,
11.8.b, 11.8.b.1,
11.11, 11.12,
11.13, 11.16,
11.17, and 16.
------------------------------------------------------------------------
RCRA Cluster XXI
------------------------------------------------------------------------
Removal of Saccharin and Its 75 FR 78918-78926, 33CSR20 sec. 3.1.
Salts from the Lists of 12/17/2010.
Hazardous Constituents,
Checklist 225.
Academic Laboratories Generator 75 FR 79304-79308, 33CSR20 sec. 5.1.
Standards Technical 12/20/2010.
Corrections, Revision Checklist
226.
Revision of the Land Disposal 76 FR 34147-34157, 33CSR20 sec. 10.1.
Treatment Standards for 06/13/2011.
Carbamate Wastes, Revision
Checklist 227.
------------------------------------------------------------------------
[[Page 79448]]
RCRA Cluster XXII
------------------------------------------------------------------------
Hazardous Waste Technical 77 FR 22229-22232, 33CSR20, secs. 3.1
Corrections and Clarifications 04/13/2012. and 9.1; 45CSR25,
Rule, Revision Checklist 228. secs. 1.6.a and
1.6.b.
------------------------------------------------------------------------
RCRA Cluster XXIII
------------------------------------------------------------------------
Conditional Exclusions for 78 FR 46448-46485, 33CSR20, secs.
Solvent Contaminated Wipes, 07/31/2013. 2.1.a, 3.1, and
Revision Checklist 229. 5.3; 45CSR25,
secs. 1.6.a and
1.6.b.
Conditional Exclusion for Carbon 79 FR 350-364, 01/ 33CSR20, secs.
Dioxide (CO2) Streams in 03/2014. 2.1.a and 3.1.
Geologic Sequestration
Activities, Revision Checklist
230.
------------------------------------------------------------------------
RCRA Cluster XXIV
------------------------------------------------------------------------
Revisions to the Definition of 80 FR 1694-1814 33CSR20, sec. 2.1.
Solid Waste Non-waste (January 13,
determinations and variances, 2015); 83 FR
Revision Checklist 233A. 24664-24671 (May
30, 2018).
Revisions to the Definition of 80 FR 1694-1814 33CSR20, secs.
Solid Waste Legitimacy related (January 13, 2.1, 2.1.a, and
provisions, Revision Checklist 2015); 83 FR 3.1.
233B. 24664-24671 (May
30, 2018).
Revisions to the Definition of 80 FR 1694-1814 33CSR20, sec. 3.1.
Solid Waste Speculative (January 13,
Accumulation, Revision 2015).
Checklist 233C.
Revisions to the Definition of 80 FR 1694-1814 33CSR20 secs. 2.1,
Solid Waste: 2008 DSW (January 13, 2.1.a, 3.1, and
exclusions and non-waste 2015); 83 FR 11.1.
determinations, including 24664-24671 (May
revisions from 2015 DSW final 30, 2018).
rule and 2018 DSW final rule,
Revision Checklist 233D2.
Revisions to the Definition of 80 FR 1694-1814 33CSR20 secs.
Solid Waste: Remanufacturing (January 13, 2.1.a. and 3.1.
exclusion, Revision Checklist 2015).
233E.
Response to Vacaturs of the 80 FR 18777-18780, 33CSR20 secs.
Comparable Fuels Rule and the 04/08/2015. 2.1.a and 3.1.
Gasification Rule, Revision
Checklist 234.
Disposal of Coal Combustion 80 FR 21302-21501, 33CSR20 sec. 3.1.
Residuals from Electric 04/17/2015.
Utilities, Revision Checklist
235.
------------------------------------------------------------------------
RCRA Cluster XXV
------------------------------------------------------------------------
Hazardous Waste Generator Rule 81 FR 85730-85829, 33CSR20 secs. 2.1,
Improvements, Revision 11/28/2016. 2.1.a, 2.5.d,
Checklist 237. 3.1, 4, 4.2, 5.1,
5.2, 5.2.a, 5.3,
5.4, 6.1, 6.2,
7.2, 8.1, 8.6,
9.1, 10.1, 11.1,
13.1, 13.4, 14,
and 14.1; 157CSR7
secs. 3, 3.1.1,
5.1; 150CSR11
secs. 1.7, 1.8,
1.11, 2, 4, 8, 9,
10; 45CSR25 secs.
1.6.a, 1.6.b.
------------------------------------------------------------------------
RCRA Cluster XXVII
------------------------------------------------------------------------
Safe Management of Recalled 83 FR 61552-61563, 33CSR20 secs.
Airbags, Revision Checklist 240. 11/30/2018. 2.1.a, 3.1, and
5.1.
Management Standards for 84 FR 5816-5950, 33CSR20 secs, 3.1,
Hazardous Waste Pharmaceuticals 02/22/2019. 5.1, 7.2, 8.1,
and Amendment to the P075 9.1, 10.1, 11.1,
Listing for Nicotine, Revision and 13.1.
Checklist 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, West 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 are related to the
adoption and renumbering of provisions throughout the State's hazardous
waste regulations. The changes improve the clarity of the State's
regulations and provide the necessary conforming changes due to State
terms, or which are related to Federal amendments that do not apply to
West Virginia. Tables 2 and 3 of this preamble list the updates on
33CSR20, effective July 1, 2020, where the State incorporates by
reference per 33CSR20 sec. 1.5 the Federal counterparts in effect on
August 21, 2019.
Table 2--Redesignated Provisions in West Virginia's Hazardous Waste
Regulations
------------------------------------------------------------------------
State citation as found in 33CSR20, State citation as found in
effective June 1, 2012 33CSR20, effective July 1, 2020
------------------------------------------------------------------------
33CSR20 sec. 1.9....................... 33CSR20 sec. 1.6.
33CSR20 sec. 3.2....................... 33CSR20 sec. 5.3.
33CSR20 sec. 4.2.b..................... 33CSR20 sec. 4.2.a.
33CSR20 sec. 4.2.c..................... 33CSR20 sec. 4.2.b.
33CSR20 sec. 4.2.d..................... 33CSR20 sec. 4.2.c.
33CSR20 sec. 4.2.e..................... 33CSR20 sec. 4.2.d.
33CSR20 sec. 5.5....................... 33CSR20 sec. 5.4.
33CSR20 sec. 7.6.a..................... 33CSR20 sec. 7.6.
33CSR20 sec. 8.2....................... 33CSR20 sec. 8.3 and 8.3.a.
33CSR20 sec. 8.2 and 8.3
general rewrite.
[[Page 79449]]
33CSR20 sec. 8.3....................... 33CSR20 sec. 8.4.
33CSR20 sec. 8.4....................... 33CSR20 sec. 8.5.
33CSR20 sec. 8.5....................... 33CSR20 sec. 8.6.
------------------------------------------------------------------------
Table 3--Provisions Added or Removed From West Virginia's Hazardous
Waste Regulations
------------------------------------------------------------------------
State citation as found in 33CSR20, State citation as found in
effective June 1, 2015 33CSR20, effective July 1, 2020
------------------------------------------------------------------------
33CSR20 sec. 1.6 through 33CSR20 sec. Removed.
1.8.
33CSR20 sec. 1.10...................... Removed.
33CSR20 sec. 2.1.b..................... Removed.
33CSR20 sec. 2.1.a.3................... Added.
33CSR20 sec. 3.3....................... Removed.
33CSR20 sec. 4.1.a through 33CSR20 sec. Removed.
4.1.b.
33CSR20 sec. 4.2.a..................... Removed.
33CSR20 sec. 4.2.f..................... Removed.
33CSR20 sec. 5.4....................... Removed.
33CSR20 sec. 5.6....................... Removed.
33CSR20 sec. 5.7....................... Removed.
33CSR20 sec. 8.2....................... Removed.
33CSR20 sec. 11.2.b.................... Removed.
------------------------------------------------------------------------
H. Where are the revised West 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. West
Virginia's hazardous waste program contains several provisions that are
more stringent than the RCRA program. They include, but are not limited
to, the following:
1. West Virginia's regulation at 33CSR20 section 4 requires
notification to the State of activities involving hazardous waste in
the State of West Virginia. This is in addition to the Federal
notification requirements found at 40 CFR 262.10(a)(2)(i),
262.13(c)(1), 262.14(a), 262.16, 262.17, 262.232(a)(2), and 266.80(a).
2. West Virginia's regulation at 33CSR20 section 5.3 excepts from
incorporation by reference the Federal regulations at 40 CFR
262.14(a)(5)(iv) and (v). These Federal provisions list some conditions
that must be met by very small quantity generators (VSQGs) in order to
be exempt from meeting most of the requirements of 40 CFR parts 124,
262-268, and 270. West Virginia's program is more stringent because
meeting the conditions listed in the Federal provisions will not exempt
VSQGs from the analogous requirements listed above.
I. Who handles permits after this authorization takes effect?
After this authorization revision, West 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 West Virginia and EPA terminates its permit, EPA and West Virginia
agree to coordinate the administration of such 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
preamble after the effective date of this authorization. EPA will
continue to implement and issue permits for HSWA requirements for which
West Virginia is not yet authorized.
J. How does this action affect Indian country (18 U.S.C. 1151) in West
Virginia?
West Virginia is not seeking authorization to operate the program
on Indian lands, since there are no Federally recognized Indian lands
in West Virginia.
K. What is codification and is EPA codifying West 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
codifying the authorization of West Virginia's revisions at this time.
However, EPA reserves the amendment of 40 CFR part 272, subpart XX, for
this authorization of West Virginia's program revisions until a later
date.
L. Statutory and Executive Order Reviews
This action is not a significant regulatory action as defined in
Executive Order 12866 (58 FR 51735, October 4, 1993), as amended by
Executive Order 14094 (88 FR 21879, April 11, 2023), because this
action authorizes State requirements pursuant to RCRA section 3006 and
imposes no additional requirements beyond those imposed by State law.
Therefore, this action was not subject to a requirement for Executive
Order 12866 review. 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
[[Page 79450]]
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). In any case,
Executive Order 13175 does not apply to this rule since there are no
Federally recognized tribes in West 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 section 3006(b), EPA grants a State's application for
authorization as long as the State meets the criteria required by RCRA.
It would thus be inconsistent with applicable law for EPA, when it
reviews a State authorization application, to require the use of any
particular voluntary consensus standard in place of another standard
that otherwise satisfies the requirements of RCRA. Thus, the
requirements of section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply.
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.
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 November 29, 2024 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 3.
[FR Doc. 2024-21665 Filed 9-27-24; 8:45 am]
BILLING CODE 6560-50-P
