
[Federal Register Volume 78, Number 251 (Tuesday, December 31, 2013)]
[Rules and Regulations]
[Pages 79615-79619]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-31121]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R01-RCRA-2013-0554; FRL--9904-47-Region 1]


Vermont: Final Authorization of State Hazardous Waste Management 
Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct Final Rule.

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SUMMARY: The State of Vermont has applied to the Environmental 
Protection Agency (EPA) for Final authorization of changes to its 
hazardous waste program under the Resource Conservation and Recovery 
Act (RCRA). EPA has determined that these changes satisfy all 
requirements needed to qualify for Final authorization, and is 
authorizing the State's changes through this direct final action.

DATES: This rule is effective on March 3, 2014 without further notice, 
unless EPA receives adverse written comment by January 30, 2014. If EPA 
receives adverse comment, we will publish a timely withdrawal in the 
Federal Register informing the public that the rule will not take 
effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
RCRA-2013-0554, by one of the following methods:
     www.regulations.gov: Follow the on-line instructions for 
submitting comments.
     Email: leitch.sharon@epa.gov
     Fax: (617) 918-0647, to the attention of Sharon Leitch.
     Mail: Sharon Leitch, RCRA Waste Management and UST 
Section, Office of Site Remediation and Restoration (OSRR07-1), US EPA 
Region 1, 5 Post Office Square, Suite 100, Boston, MA 02109-3912.
     Hand Delivery: Sharon Leitch, RCRA Waste Management and 
UST Section, Office of Site Remediation and Restoration (OSRR07-1), US 
EPA Region 1, 5 Post Office Square, 7th floor, Boston, MA 02109-3912. 
Such deliveries are only accepted during normal hours of operation, and 
special arrangements should be made for deliveries of boxed 
information. Please contact Sharon Leitch at (617) 918-1647.
    Instructions: Direct your comments to Docket ID No. EPA-R01-RCRA-
2013-0554. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through www.regulations.gov or email. The 
www.regulations.gov Web site is an ``anonymous access'' system, which 
means EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an email comment 
directly to EPA without going through www.regulations.gov your email 
address will be automatically captured and included as part of the 
comment that is placed in the public docket and made available on the 
Internet. If you submit an electronic comment, EPA recommends that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy 
form. Publicly available docket materials are available either 
electronically through www.regulations.gov or in hard copy at the EPA 
Region 1 Library, 5 Post Office Square, 1st floor, Boston, MA 02109-
3912; by appointment only; tel: (617) 918-1990.

FOR FURTHER INFORMATION CONTACT: Sharon Leitch, RCRA Waste Management 
and UST Section, Office of Site Remediation and Restoration, (Mail 
Code: OSRR07-1), EPA Region 1, 5 Post Office Square, Suite 100, Boston, 
MA 02109-3912; telephone number: (617) 918-1647; fax number (617) 918-
0647; email address: leitch.sharon@epa.gov.

SUPPLEMENTARY INFORMATION: 

A. Why are revisions to state programs necessary?

    States which have received final authorization from EPA under RCRA 
section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous waste 
program that is equivalent to, consistent with, and no less stringent 
than the Federal program. As the Federal program changes, States must 
change their programs and ask EPA to authorize the changes. Changes to 
State programs may be necessary when Federal or State statutory or 
regulatory authority is modified or when certain other changes occur. 
Most commonly, States must change their programs because of changes to 
EPA's regulations in Title 40 of the Code of Federal Regulations (CFR) 
parts 124, 260 through 266, 268, 270, 273 and 279.

[[Page 79616]]

 B. What decisions have we made in this Rule?

    We have concluded that Vermont's application to revise its 
authorized program meets all of the statutory and regulatory 
requirements established by RCRA. Therefore, we grant Vermont Final 
authorization to operate its hazardous waste program with the changes 
described in the authorization application. Vermont has responsibility 
for permitting treatment, storage, and disposal facilities (TSDFs) 
within its borders and for carrying out the aspects of the RCRA program 
covered by its revised program application, subject to the limitations 
of the Hazardous and Solid Waste Amendments of 1984 (HSWA). New Federal 
requirements and prohibitions imposed by Federal regulations that EPA 
promulgates under the authority of HSWA take effect in authorized 
States before they are authorized for the requirements. Thus, EPA will 
implement any such requirements and prohibitions in Vermont, including 
issuing permits, until the State is granted authorization to do so.

C. What is the effect of today's authorization decision?

    The effect of this decision is that a facility in Vermont subject 
to RCRA will now have to comply with the authorized State requirements 
instead of the equivalent Federal requirements in order to comply with 
RCRA. Vermont has enforcement responsibilities under its State 
hazardous waste program for violations of such program, but EPA also 
retains its full authority under RCRA sections 3007, 3008, 3013, and 
7003, which includes, among others, authority to:
     Perform inspections, and require monitoring, tests, 
analyses or reports
     Enforce RCRA requirements and suspend or revoke permits
     Take enforcement actions
    This action does not impose additional requirements on the 
regulated community because the regulations for which Vermont is being 
authorized by today's action are already effective under state law, and 
are not changed by today's action.

D. Why wasn't there a Proposed Rule before today's Rule?

    EPA did not publish a proposal before today's rule because we view 
this as a routine program change and do not expect adverse comments 
that oppose this approval. We are providing an opportunity for public 
comment now. In addition to this rule, in the ``Proposed Rules'' 
section of today's Federal Register we are publishing a separate 
document that proposes to authorize the State program changes.

E. What happens if the EPA receives comments that oppose this action?

    If EPA receives comments that oppose this authorization, we will 
withdraw this rule by publishing a document in the Federal Register 
before the rule becomes effective. EPA will base any further decision 
on the authorization of the State program changes on the proposal 
mentioned in the previous paragraph. We will then address all public 
comments in a later final rule based upon this proposed rule that also 
appears in today's Federal Register. You may not have another 
opportunity to comment. If you want to comment on this authorization, 
you should do so at this time.
    If we receive adverse comments that oppose only the authorization 
of a particular change to the State hazardous waste program, we will 
withdraw that part of this rule but the authorization of the program 
changes that the comments do not oppose will become effective on the 
date specified in this document. The Federal Register withdrawal 
document will specify which part of the authorization will become 
effective, and which part is being withdrawn.

F. What has Vermont previously been authorized for?

    The State of Vermont initially received Final authorization on 
January 7, 1985, with an effective date of January 21, 1985 (50 FR 775) 
to implement the RCRA hazardous waste management program. The Region 
published an immediate final rule for certain revisions to Vermont's 
program on May 3, 1993 (58 FR 26242) and reopened the comment period 
for these revisions on June 7, 1993 (58 FR 31911). This authorization 
became effective August 6, 1993 (58 FR 31911). The Region granted 
authorization for further revisions to Vermont's program on September 
24, 1999 (64 FR 51702), effective November 23, 1999. On October 18, 
1999 (64 FR 46174) the Region published a correction to the immediate 
final rule that was published on September 24, 1999. The Region granted 
authorization for further revisions to Vermont's program on October 26, 
2000, effective December 26, 2000 (65 FR 64164). That Federal Register 
also made a technical correction. On June 23, 2005 (70 FR 36350) the 
Region published an immediate final rule for additional revisions to 
Vermont's program. This authorization became effective on August 22, 
2005. The most recent authorization was granted to Vermont on March 16, 
2007 (72 FR 12568) and became effective on May 15, 2007.

G. What changes are we authorizing with today's action?

    On August 20, 2013, Vermont submitted a final complete program 
revision application, seeking authorization for their changes in 
accordance with 40 CFR 271.21. In particular, Vermont is seeking 
authorization for updated state regulations addressing federal 
requirements added from July 1, 2005 through June 30, 2011. Also, 
Vermont is seeking authorization for various changes it recently has 
made to its base program regulations.
    We are now making an immediate final decision that, subject to 
reconsideration only if we receive written comments that oppose this 
action, Vermont's hazardous waste program revisions satisfy all of the 
requirements necessary to qualify for Final authorization. Therefore, 
we grant Vermont Final authorization for the following program changes. 
First, we are authorizing state regulations that track federal 
regulations adopted since July 1, 2005, as follows (the Federal 
Citation is followed by the analog from chapter 7 of the Vermont 
Environmental Protection Rules (Hazardous Waste Management 
Regulations), effective March 15, 2013): Federal: Methods Innovation 
Rule and SW-846 Final Update IIIB [70 FR 34538, June 14, 2005. As 
amended August 1, 2005; 70 FR 44150] (Checklist 208)- State: 7-106(a), 
7-109(a), 7-109(b)(1), 7-202(a)(9), 7-205(a)(1), 7-206(a)(1) & (a)(2), 
7-210, 7-217(c), 7-219, 7-219(c), 7-219(e), 7-504(e)(1), 7-505(c), 7-
510(c)(1), 7-511(a) & (d), 7-805(f), 7-811(b)(5), 7-812(d), 7-813(a); 
Federal: Revision of Wastewater Treatment Exemptions for Hazardous 
Waste Mixtures (``Headworks exemptions'') [70 FR 57769, October 4, 
2005] (Checklist 211)- State: 7-109(a) and 203(k)(3); Federal: Burden 
Reduction Initiative; [71 FR 16862, April 4, 2006] (Checklist 213)--
State: 7-106(a), 7-109(a), 7-109(b)(1), 7-204(b)&(c), 7-203(i)(4), 7-
504(e)(1), 7-505(c), 7-507(f)(1), 7-510(c)(1); Federal: Corrections to 
Errors in the Code of Federal Regulations [71 FR 40254, July 14, 2006] 
(Checklist 214)--State: 7-103, 7-106(a), 7-108(d), 7-109(a), 7-
109(b)(1) & (b)(2), 7-203(i)(4), 7-203(v), 7-203(r), 7-204(f), 7-
204(f)(3), 7-204(g), 7-204(g)(1) & (g)(2), 7-205(a)(3) & (a)(4), 7-
205(a)(4)(A), (B), (C) & (D), 7-208(b), 7-210, 7-215, 7-217(c), 7-
311(h), 7-501, 7-502(d), 7-504, 7-504(e)(1), 7-505, 7-505(c), 7-
507(f)(1), 7-508(e)(2), 7-

[[Page 79617]]

510(c)(1), 7-510(d), 7-512, 7-606, 7-608, 7-705(b)(2), 7-705(d), 7-
706(c), 7-708(c), 7-802, 7-803, 7-805(f)(2), 7-806(e), 7-811(b)(3), 7-
811(b)(5)(A), 7-811(b)(6)(A), 7-811(i)(1), 7-811(i)(3)(A), 7-812(c), 7-
812(d), 7-813, 7-902(d), 7-911, 7-912(d)(2), Appendix I, II, III, IV & 
IX; Federal: Academic Laboratories Generator Standards and Technical 
Corrections [73 FR 72912, December 1, 2008 and 75 FR 79304, December 
20, 2010] (Checklists 220 and 226)--State: 7-103, 7-109(b)(4), 7-
305(a)(7), 7-306(c)(1)(A), 7-306(d), 7-307(c)(1) and (6), 7-307(d), 7-
308(b)(1) and (6), 7-308(c); OECD Requirements; Export Shipments of 
Spent Lead-Acid Batteries [75 FR 1236, January 8, 2010] (Checklist 
222)--State: 7-109(a), 7-204(f)(3), 7-307(c)(8 & 9), 7-308(b)(8 & 9), 
7-402(b), 7-504(e), 7-510(c), 7-704(c) & (e), 7-705(c) & (d), 7-706(c), 
7-707(c) (but note that EPA directly administers the export and import 
requirements in 40 CFR part 262, subpart H referenced by the State 
regulations); Hazardous Waste Technical Corrections and Clarifications 
[75 FR 12989, March 18, 2010 and 75 FR 31716, June 4, 2010] (Checklist 
223)--State: 7-103, 7-106(a), 7-109(a) & (a)(7), 7-202(e), 7-203(j)(1), 
7-203(j)(3), 7-204(f), 7-204(g), 7-207(a)(8), 7-209(b), 7-210, 7-306, 
7-306(a)(2) & (a)(3), 7-306(b) & (c), 7-307(c)(4), 7-308(a) & (b) and 
``Note'' in (b), 7-310(a), 7-311(c), 7-504(e)(1), 7-510(c)(1), 7-512, 
7-607, 7-608, 7-702(b)(12), 7-706(b), 7-707(a), (b) & (d), 7-708(a), 
Appendix I, III, & IV; Removal of Saccharin and Its Salts from the 
Lists of Hazardous Constituents [75 FR 78918, December 17, 2010] 
(Checklist 225) --State: Appendix II & III; Revision of the Land 
Disposal Treatment Standards for Carbamate Wastes [76 FR 34147, June 
13, 2011] (Checklist 227)--State: IBR, 7-106(a).
    In addition to the regulations listed above, there are various 
previously authorized state program regulations to which the state has 
made changes. The EPA is also authorizing these changes. These changes 
are as follows: Regarding Subchapter 1 of the State Regulations, 
Federal: definitions in 40 CFR 260.10--State: added definitions of 
elementary neutralization unit, tank system and wastewater treatment 
unit (instead of citing federal definitions), revised definitions of 
pesticidal waste, registration, and used oil, and removed the 
definition for ``performance track member facility'' in 7-103; Federal: 
40 CFR 262.12 (i.d. numbers)--State: provisions for temporary i.d. 
numbers added to 7-104; Federal: 40 CFR part 260-279--State: general 
update to incorporation by reference of federal regulations, 7-109(a); 
Regarding Subchapter 2 of the State Regulations, Federal: 40 CFR 262.11 
(waste determinations)--State: 7-202(d) revised to clarify 
recordkeeping requirements; Federal: 40 CFR 261.4(a)(13) and (14) 
(scrap metal and shredded circuit board exemptions. Note: EPA 
interprets the scrap metal exemption to cover intact circuit boards 
that meet certain conditions.)--State: Revision to 7-204(h) allowing 
intact as well as shredded circuit boards, meeting the required 
conditions, to qualify for the exemption; Federal: 40 CFR 
261.2(c)(2)(ii), exemption for certain commercial chemical products 
burned as fuels--State: clarified container and tank marking 
requirements and added requirements for aggregation facilities, 7-
204(1)(4) and (6); Federal: 40 CFR 261.33(c), regarding commercial 
chemical products listings--State: 7-214(d) and 7-215(d) revised to 
track the federal language; Regarding Subchapter 3 of the State 
Regulations, Federal: 40 CFR 262.12 (i.d. nos.)--State: 7-304(a), 
revision clarifying that temporary i.d. numbers are only issued for 
hazardous wastes that are episodically generated; Federal: 40 CFR 
265.111, 265.114 and 265.197 (generator closure)--State: revisions to 
generator closure requirements at 7-304(d) and 7-309(c)(2), being 
authorized as applied to tank closures and is broader in scope as 
applied to closure of other units; Federal: 40 CFR 262.34(d), small 
quantity generators--State: clarification of small quantity generator 
requirements in 7-307; Federal: 40 CFR 262.34(a), large quantity 
generators--State: clarification of large quantity generator 
requirements in 7-308; Federal: 40 CFR 262.34(d)(5)(iv), regulation of 
small quantity generator emergency response requirements--State: 
revised, 7-307(c)(14) by revising subsection (A) and adding subsection 
(D) making it equivalent to the federal requirements; Federal: 40 CFR 
265.32(b), preparedness and prevention requirements for large quantity 
generators and small quantity generators as referenced in 40 CFR 
262.34(a)(4) and 40 CFR 262.34(d)(4), respectively--State: revised to 
make the requirements more up-to-date with current practices (e.g., 
substituted reference to cell phone for reference to two-way radios), 
7-307(c)(14)(B), 7-308(b)(14)(A)(iv), 7-309(a)(1)(B), and 7-
309(a)(3)(B); Federal: 40 CFR 261.5, requirements for CESQGs--State: 7-
306, except for 7-306(c)(1)(G) (fees). Note: 7-306 previously was 
authorized in 1999 with respect to Checklist 153, we are now confirming 
that this provision is authorized for all purposes, not just with 
respect to Checklist 153; Federal: 40 CFR 270.1(c), prohibition of 
unpermitted disposal of hazardous waste--State: 7-302(a), prohibiting 
disposal of hazardous waste by evaporation. Note: this provision was 
adopted by the State in 1998 but was inadvertently not previously 
authorized and is being authorized now; Regarding Subchapter 4 of the 
State Regulations, Federal: 40 CFR 263.12, transfer facility 
requirements--State: clarifying requirements for the management of off-
loaded containers of hazardous waste from transport vehicles, 7-404(b) 
(formerly 7-404(c)); Federal: 40 CFR part 263--State: clarification 
when transporter requirements apply, 7-401(b)(1)(A) and 7-405(d); 
Regarding Subchapter 5 of the State Regulations, Federal: 40 CFR 
264.1(g)(6), 265.1(c)(10) and 270.1(c)(2)(v), elementary neutralization 
and wastewater treatment unit exemptions--State: revised exemption 
(changed cross-reference) at 7-502(c); Federal: 40 CFR 262.34, as 
interpreted at 51 FR 10168--State: 7-502(o) revisions to generator 
treatment in containers and tanks standards, except for 7-502(o)(8) and 
revision to the note following 7-502(o)(10) (not yet submitted for 
authorization), and addition of 7-502(k)(1)(C); Federal: 40 CFR 270.50, 
duration of permits--State: 7-504(g), changing from 5 year permits to 
10 year permits, as federally allowed; Regarding Subchapter 6 of the 
State Regulations, Federal: 40 CFR 260.30, variances--State: 7-608(d), 
(e) & (f) setting time limits on variances, as applied to any federally 
regulated wastes; Regarding Subchapter 8 of the State Regulations, 
Federal: 40 CFR 279.11, specification used oil burned for energy 
recovery--State: revised 7-801 and 7-802, and 7-812(c)(3) and added 7-
804(g) (being authorized except for (g)(3) which is broader in scope); 
Federal: 40 CFR 279.20--279.24, generator standards--State: 7-807(h), 
added record-keeping requirement; Regarding Subchapter 9 of the State 
Regulations, Federal: 40 CFR 273.11 and 40 CFR 273.31, prohibitions of 
treatment by universal waste handlers--State: added Notes clarifying 
that drum top crushing is regulated as treatment rather than being 
considered an exempt recycling activity (this is equivalent to the 
federal approach with respect to universal waste handlers); Federal: 40 
CFR part 273, Standards for Universal Waste Management--State: 10 
V.S.A. sec. 6680 designating postconsumer paint as universal waste and 
setting management standards, 7-901, 7-910, 7-911, 7-912(a)&(b), 7-
912(c)(1)&(c)(2)(A), 7-912(c)(2)Note, 7-

[[Page 79618]]

912(c)(3), 7-912(f)-(k), 7-913, 7-914, 7-915, 7-916.
    The final authorization of new state regulations and regulation 
changes is in addition to the previous authorization of state 
regulations, which remain part of the authorized program. Vermont 
initially received authorization for its base program requirements in 
1985 and again in 1993. Vermont subsequently reformatted and renumbered 
various base program regulations, and submitted revised base program 
Checklists in connection with the EPA's 1999 authorization. The 
renumbered and reformatted provisions, as referenced in those 
Checklists, are part of the authorized program. See 64 FR 51706 (Sept. 
24, 1999). The current authorized program consists of the base program 
requirements together with the additional requirements and changes 
authorized by the EPA in the 1993, 1999, 2000, 2005 and 2007 
authorizations. Added to this will be the requirements being authorized 
through this rulemaking today.

H. Where are the revised state rules different from the federal rules?

    The most significant differences between the State rules being 
authorized and the Federal rules are summarized below. It should be 
noted that this summary does not describe every difference, or every 
detail regarding the differences that are described. Members of the 
regulated community are advised to read the complete regulations to 
ensure that they understand all of the requirements with which they 
will need to comply.

1. More Stringent Provisions

    There are aspects of the Vermont program which are more stringent 
than the Federal program. All of these more stringent requirements are, 
or will become, part of the federally enforceable RCRA program when 
authorized by the EPA and must be complied with in addition to the 
State requirements which track the minimum Federal requirements. These 
more stringent requirements include the following: (a) the state has 
adopted the federal Academic Labs rule but has also added requirements 
for Laboratory Management Plans that are more stringent, 7-109(b)(4)(B) 
to (D); (b) the State has revised its exemption for commercial chemical 
product fuels in 7-204(l)(6) by more stringently specifying the 
management requirements for aggregation facilities. As noted in our 
2007 authorization, the underlying State exemption is equivalent to the 
combination of the federal exemption for commercial chemical product 
fuels being burned for energy recovery and the federal exemption for 
commercial chemical products being reclaimed, in 40 CFR 261.2(c)(2)(ii) 
and (c)(3), respectively.

2. Broader in Scope Provisions

    There are also aspects of the Vermont program which are broader in 
scope than the Federal program. The portion of the State requirements 
which are broader in scope are not considered to be part of the 
Federally enforceable RCRA program. However, they are fully enforceable 
under State law and must be complied with by sources in Vermont. These 
broader in scope requirements include the following: (a) the state has 
revised its Used Oil regulations by adding management standards in 7-
804(g) for used oil that has been shown to meet fuel burning 
specifications (``used oil fuel''). The broader in scope provisions are 
found in 7-804(g)(3); (b) With respect to point source discharges of 
wastewaters that are hazardous wastes, the State has amended state 
regulation 7-203(q) to only exempt from its hazardous waste regulations 
those discharges that are ``in compliance with'' State water act 
requirements rather than exempting from hazardous waste requirements 
all discharges that are ``subject to'' the State water act 
requirements. The comparable federal exemption at 40 CFR 261.4(a)(2) 
exempts discharges that are ``subject to'' section 402 of the Clean 
Water Act. Thus the State is exempting fewer sources from hazardous 
waste regulation than does the federal exemption and is, therefore, 
regulating more broadly in scope.

3. Different but Equivalent Provisions

    Vermont also has added a provision to its state statute which 
differs from the Federal regulations but has been determined to be 
equivalent to them. These State revisions will become part of the 
federally enforceable RCRA program when authorized by the EPA. These 
different but equivalent provisions are as follows. Vermont has added 
postconsumer paint to its Universal Waste rules through a state 
statutory provision found at 10 V.S.A. sec. 6680. We are authorizing 
this as being equivalent to the requirements of 40 CFR part 273 Subpart 
G since we have determined that it is an appropriate universal waste to 
approve and that the rules allow the States the flexibility to add 
additional wastes to their list of universal wastes. In particular, we 
are authorizing the specific management requirements for these paint 
wastes as they are identified in the statute under sec. 6680(b) and 
(c). The statute also specifies that the existing state universal waste 
regulation requirements apply to the handling of postconsumer paint. In 
addition, EPA is reauthorizing the existing universal waste regulations 
as they are applied to the paint wastes.

I. Who handles permits after the authorization takes effect?

    Vermont will issue permits for all the provisions for which it is 
authorized and will administer the permits it issues. EPA will 
implement and issue permits for any HSWA requirements for which Vermont 
is not yet authorized in the future.

J. What is codification and is EPA codifying Vermont's hazardous waste 
program as authorized in this rule?

    Codification is the process of placing the State's statutes and 
regulations that comprise the State's authorized hazardous waste 
program into the Code of Federal Regulations. We do this by referencing 
the authorized State rules in 40 CFR Part 272. We reserve the amendment 
of 40 CFR Part 272, Subpart UU for this authorization of Vermont's 
program until a later date.

K. Administrative Requirements

    The Office of Management and Budget (OMB) has exempted this action 
(RCRA State Authorization) from the requirements of Executive Orders 
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

[[Page 79619]]

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. 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'' as defined 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 F.R. 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 F.R. 8859, March 15, 1988) by examining 
the takings implications of the rule in accordance with the ``Attorney 
General's Supplemental Guidelines for the Evaluation of Risk and 
Avoidance of Unanticipated Takings'' issued under the executive order. 
This rule does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.). Executive Order 12898 (59 FR 7629, Feb. 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. Because this rule authorizes pre-
existing State rules which are equivalent to, and no less stringent 
than existing federal requirements, and imposes no additional 
requirements beyond those imposed by State law and there are no 
anticipated significant adverse human health or environmental effects, 
the 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). This 
action nevertheless will be effective 60 days after it is published, 
because it is an immediate 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 recordkeeping requirements.

    Authority: This action is issued under the authority of sections 
2002(a), 3006 and 7004(b) of the Solid Waste Disposal Act as amended 
42 U.S.C. 6912(a), 6926, 6974(b).

    Dated: November 5, 2013.
H. Curtis Spalding,
Regional Administrator, EPA Region 1.
[FR Doc. 2013-31121 Filed 12-30-13; 8:45 am]
BILLING CODE 6560-50-P


