[Federal Register Volume 88, Number 41 (Thursday, March 2, 2023)]
[Rules and Regulations]
[Pages 13034-13038]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04148]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R01-RCRA-2022-0864; FRL 10508-02-R1]


Vermont: Final Authorization of State Hazardous Waste Management 
Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: Vermont has applied to the Environmental Protection Agency 
(EPA) for final authorization of revisions to its hazardous waste 
program under the Resource Conservation and Recovery Act (RCRA), as 
amended. The EPA has reviewed Vermont's application and has determined 
that these revisions satisfy all requirements needed to qualify for 
final authorization. Therefore, we are taking direct final action to 
authorize the State's changes. In the ``Proposed Rules'' section of 
this issue of the Federal Register, the EPA is also publishing a 
separate document that serves as the proposal to authorize these 
revisions. Unless the EPA receives written comments that oppose this 
authorization during the comment period, the decision to authorize 
Vermont's revisions to its hazardous waste program will take effect.

DATES: This final authorization will become effective on May 1, 2023, 
unless the EPA receives adverse written comments by April 3, 2023. If 
the EPA receives any such comment, the EPA will publish a timely 
withdrawal of this direct final rule in the Federal Register and inform 
the public that this authorization will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
RCRA-2022-0864, at https://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 whose disclosure 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 http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Sharon Leitch, RCRA Waste Management, 
UST and Pesticides Section; Land, Chemicals and Redevelopment Division; 
EPA Region 1, 5 Post Office Square, Suite 100 (Mail code 07-1), Boston, 
MA 02109-3912; telephone number: (617) 918-1647; email address: 
[email protected].

[[Page 13035]]


SUPPLEMENTARY INFORMATION: 

A. Why are revisions to State programs necessary?

    States that have received final authorization from the 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 the 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 the EPA's regulations in 40 Code of Federal 
Regulations (CFR) parts 124, 260 through 268, 270, 273, and 279.
    New Federal requirements and prohibitions imposed by Federal 
regulations that the EPA promulgates pursuant to the Hazardous and 
Solid Waste Amendments of 1984 (HSWA) take effect in authorized states 
at the same time that they take effect in unauthorized states. Thus, 
the EPA will implement those requirements and prohibitions in Vermont, 
including the issuance of new permits implementing those requirements, 
until Vermont is granted authorization to do so.

B. What decisions has the EPA made in this rule?

    November 29, 2022, Vermont submitted a complete program revision 
application seeking authorization of revisions to its hazardous waste 
program. The EPA concludes that Vermont'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, the EPA grants final 
authorization to Vermont to operate its hazardous waste program with 
the revisions described in its authorization application, and as listed 
below in Section G of this document.
    The Vermont Department of Environmental Conservation (VTDEC) has 
responsibility for permitting treatment, storage, and disposal 
facilities within its borders and for carrying out the aspects of the 
RCRA program described in its application, subject to the limitations 
of HSWA, as discussed above.

C. What is the effect of this authorization decision?

    This decision serves to authorize Vermont for the revisions to its 
authorized hazardous waste program described in its authorization 
application. These changes will become part of the authorized State 
hazardous waste program and will therefore be Federally enforceable. 
Vermont will continue to have primary enforcement authority and 
responsibility for its State hazardous waste program. The EPA would 
maintain its authorities under RCRA sections 3007, 3008, 3013, and 
7003, including its authority to:
     Conduct inspections, and require monitoring, tests, 
analyses and reports;
     Enforce RCRA requirements, including authorized State 
program requirements, and suspend or revoke permits; and
     Take enforcement actions regardless of whether the State 
has taken its own actions.
    This action will not impose additional requirements on the 
regulated community because the regulations for which the EPA is 
authorizing Vermont are already effective under state law and are not 
changed by this action.

D. Why wasn't there a proposed rule before this rule?

    Along with this direct final rule, the 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 Vermont's program 
revisions. The EPA did not publish a proposal before this rule because 
the EPA views this as a routine program change and does not expect 
comments that oppose this approval. The EPA is providing an opportunity 
for public comment now, as described in Section E of this document.

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

    If the EPA receives comments that oppose this authorization, the 
EPA will withdraw this direct final rule by publishing a document in 
the Federal Register before the rule becomes effective. The EPA will 
base any further decision on the authorization of Vermont's program 
revisions on the proposal mentioned in the previous section, after 
considering all comments received during the comment period. The EPA 
will then address all such comments in a later final rule. You may not 
have another opportunity to comment. If you want to comment on this 
authorization, you must do so at this time.
    If the EPA receives comments that oppose only the authorization of 
a particular revision to Vermont's hazardous waste program, the EPA 
will withdraw that part of this rule, but the authorization of the 
program revisions that the comments do not oppose will become effective 
on the date specified above. The Federal Register withdrawal document 
will specify which part of the authorization will become effective, and 
which part is being withdrawn.

F. What has 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 EPA 
granted authorization for revisions to Vermont's regulatory program on 
the following dates: May 3, 1993 (58 FR 26242), effective August 6, 
1993 (58 FR 31911); September 24, 1999 (64 FR 51702), effective 
November 23, 1999; October 26, 2000, effective December 26, 2000 (65 FR 
64164); June 23, 2005 (70 FR 36350), effective on August 22, 2005; 
March 16, 2007 (72 FR 12568), effective May 15, 2007; December 31, 2013 
(78 FR 79615), effective March 3, 2014; and April 20, 2015 (80 FR 
21650), effective June 19, 2015.

G. What revisions is the EPA proposing with this proposed action?

    On November 29, 2022, Vermont submitted a final complete program 
revision application, seeking authorization of additional revisions to 
its program in accordance with 40 CFR 271.21. Vermont seeks authority 
to administer the Federal requirements that are listed in Table 1 
below. This table lists Vermont's analogous requirements that are being 
recognized as no less stringent than the analogous Federal 
requirements.
    Vermont's regulatory references are to chapter 7 of the Vermont 
Environmental Protection Rules, the Vermont Hazardous Waste Management 
Regulations (VHWMR), Sub-chapters 1-10, as amended effective February 
1, 2022. Vermont's statutory authority to operate its hazardous waste 
program is found at 10 V.S.A. section 6603(9).
    The EPA proposes to determine, subject to public review and 
comment, that Vermont's hazardous waste program revisions are 
equivalent to, consistent with, and no less stringent than the Federal 
program, and therefore satisfy all of the requirements necessary to 
qualify for final authorization. Therefore, the EPA is proposing to 
authorize Vermont for the following program revisions:

[[Page 13036]]



                             Table 1--Vermont's Analogs to the Federal Requirements
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                                        Federal Register page
         Federal requirement                   and date                     Analogous state authority
----------------------------------------------------------------------------------------------------------------
Checklist (CL) 228: Hazardous Waste    77 FR 22229; April 13,   Appendix I and 7-607.
 Technical Corrections and              2012.
 Clarifications.
CL 229: Conditional Exclusions for     78 FR 46448; July 31,    7-103 and 7-203(w).
 Solvent Contaminated Wipes.            2013.                   More stringent provisions: 7-203(w)(5) and 7-
                                                                 203(w)(7)(C).
                                                                Partially broader in scope provision: 7-103, the
                                                                 definition of contaminated wipe includes wipes
                                                                 contaminated with state-only VT02 wastes.
CL 232: Revisions to the Export        79 FR 36220; June 26,    7-103; 7-912(k)(2).
 Provisions of the Cathode Ray Tube     2014.
 (CRT) Rule.
CL 236: Imports and Exports of         81 FR 85696; November    7-103; 7-109(b)(5); 7-203(i)(1); 7-203(i)(4); 7-
 Hazardous Waste.                       28, 2016, as amended     203(i)(5); 7-204(f)(3); 7-204(f)(4); 7-
                                        August 29, 2017 (82 FR   204(g)(1); 7-219(d); 7-301(g); 7-304(c); 7-402;
                                        41015) and August 6,     7-504(e)(1); 7-510(c)(1); 7-604(d); 7-703(b); 7-
                                        2018 (83 FR 38263).      703(e); 7-703(h); 7-703(i); 7-703(j); 7-704(e);
                                                                 7-704(g); 7-708(a)(3); 7-912(k)(1); 7-
                                                                 912(k)(2); 7-912(j)(2)(A); 7-912(j)(2)(B); 7-
                                                                 913(g); 7-914(c)(1); 7-915.
CL 237: Hazardous Waste Generator      81 FR 85732; November    7-103; 7-106(a); 7-109(b)(2); 7-109(b)(4); 7-
 Improvements Rule.                     28, 2016.                202(b); 7-202(c); 7-204(a)(1); 7-204(f); 7-214;
                                                                 7-215; 7-219(d); 7-301(a); 7-301(b); 7-301(c);
                                                                 7-301(g); 7-302(d); 7-302(e); 7-303; 7-304(a);
                                                                 7-304(b); 7-304(c); 7-305; 7-306(a); 7-306(b);
                                                                 7-306(c); 7-306(c)(1)(A); 7-306(c)(1)(D); 7-
                                                                 306(c)(2); 7-306(c)(2)(A) through (I); 7-
                                                                 306(d); 7-306(e); 7-307(a); 7-307(c); 7-
                                                                 307(c)(1); 7-307(c)(2); 7-307(c)(3); 7-
                                                                 307(c)(4); 7-307(c)(6); 7-307(c)(7); 7-
                                                                 307(c)(9); 7-307(c)(10); 7-307(c)(11); 7-
                                                                 307(c)(12); 7-307(c)(13); 7-307(e); 7-307(f); 7-
                                                                 308(a); 7-308(b); 7-308(c); 7-308(d); 7-309(a);
                                                                 7-309(b)(1); 7-309(b)(2)(A); 7-309(b)(4); 7-
                                                                 309(b)(5); 7-309(b)(6); 7-309(b)(8); 7-
                                                                 310(a)(1); 7-310(a)(2); 7-310(b); 7-311(b)(1);
                                                                 7-311(c); 7-311(f); 7-311(g); 7-311(h); 7-
                                                                 312(a); 7-312(b); 7-402(a); 7-402(b); 7-
                                                                 404(a)(5); 7-404(b); 7-502; 7-502(g); 7-502(l);
                                                                 7-502(o); 7-504(e)(1); 7-504(e)(2); 7-
                                                                 504(e)(5); 7-510(c)(1); 7-605(a); 7-606(a); 7-
                                                                 702(b); 7-702(c); 7-708(a); 7-708(b); 7-708(c);
                                                                 7-709; 7-901(b); 7-916(b)(2).
                                                                More stringent provisions: 7-306(c), VT Very
                                                                 Small Quantity Generators (VSQGs) are subject
                                                                 to notification, container and tank management,
                                                                 and waste storage area design standards that
                                                                 are not required federally. In addition, VSQGs
                                                                 are limited to specified hazardous waste
                                                                 disposal options and are prohibited from
                                                                 disposing of hazardous waste in Vermont solid
                                                                 waste landfills; 7-306(b) a VSQG exceeding the
                                                                 limit for acute wastes or any other waste
                                                                 raises the VSQG into at least the Small
                                                                 Quantity Generator (SQG) category, VT did not
                                                                 adopt the conditions for an exemption found in
                                                                 262.14(a)(3); No state analog to 262.16(c) for
                                                                 SQGs transporting waste over 200 miles; 7-
                                                                 308(b)(17)(B) Large Quantity Generators (LQGs)
                                                                 must submit a notification prior to commencing
                                                                 closure of a specific unit (i.e., partial
                                                                 closure) or for closure of the entire facility;
                                                                 7-308(b)(17)(C) an LQG may be required to
                                                                 submit a closure plan; 7-308(b)(17)(D) an LQG
                                                                 must follow specific requirements for closure;
                                                                 7-308(b)(17)(E)(ii) certification of closure
                                                                 from an independent professional engineer may
                                                                 be required on a case-by-case basis; 7-
                                                                 308(b)(17)(F) if the generator was an LQG
                                                                 within five years prior to closure it must
                                                                 close as an LQG regardless of generator status
                                                                 at time of closure; 7-311(d)(2) SQGs and LQGs
                                                                 must maintain a log documenting weekly
                                                                 inspections of short-term storage areas.
CL 238: Confidentiality                83 FR 60894; December    7-109(b)(5); 7-912(k)(2)(A); 7-912(k)(2)(B).
 Determinations for Hazardous Waste     26, 2017.
 Export and Import Documents.
CL240: Safe Management of Recalled     83 FR 61552; November    7-103; 7-203(y); 7-306(c)(2)(G).
 Airbags.                               30, 2018.
CL 241: Management Standards for       84 FR 5816; February     7-106(a) 7-203(b); 7-203(j)(4); 7-215(c);
 Hazardous Waste Pharmaceuticals and    22, 2019.                Appendix IV; 7-301(e); 7-301(f); 7-305(d)(10);
 Amendment to the P075 Listing for                               7-306(c)(2)(I)(i); 7-306(c)(2)(I)(ii); 7-
 Nicotine.                                                       502(l); 7-916(a)(1); 7-916(a)(4); 7-1001
                                                                 through 7-1011.
CL 242: Universal Waste Regulations:   84 FR 67202; December    7-103; 7-106; 7-203(s); 7-502(j)(9); 7-901(a); 7-
 Addition of Aerosol Cans.              9, 2019.                 903(b)(2); 7-910; 7-911; 7-912(c)(3)(D); 7-
                                                                 912(d)(3)(C)(iii); 7-912(d)(3)(C)(iv); 7-
                                                                 912(d)(9); 7-912(e)(10).
CL 243: Modernizing Ignitable Liquids  85 FR 40594; July 7,     7-205(a)(1); 7-205(a)(3); 7-205(a)(4); 7-
 Determinations.                        2020.                    205(a)(4)(A); 7-205(a)(4)(D); 7-219(d).
Special Consolidated Checklist for     79 FR 7518; February 7,  7-103; 7-504(e)(1); 7-510(c)(1); 7-701(b); 7-
 the Hazardous Waste Electronic         2014, and 83 FR 420;     701(c)(1); 7-701(c)(2); 7-702(a)(1); 7-
 Manifest Rules (Checklists 231 and     January 3, 2018.         702(a)(2); 7-703(a); 7-703(b); 7-703(c); 7-
 239).                                                           703(k)(1); 7-703(k)(2); 7-703(k)(3); 7-704(b);
                                                                 7-704(c); 7-704(d).
----------------------------------------------------------------------------------------------------------------

    EPA is also authorizing Vermont for the following universal waste 
rule provisions for postconsumer paint: 7-909; 7-911; 7-912(d)(8); and 
7-912(e)(9). Since postconsumer paint is an appropriate universal waste 
and the rules allow the States the flexibility to add additional wastes 
to their list of universal wastes, EPA is therefore reauthorizing the 
existing universal waste regulations as they are applied to the paint 
wastes. In addition, EPA is also authorizing Vermont for the other 
revisions to the universal waste regulations found at 7-911 and 7-912, 
relating to the definition of pesticide and storage container 
requirements, respectively.
    EPA cannot delegate certain federal requirements associated with 
the federal manifest registry system, the electronic manifest system, 
and international shipments (i.e., import and export provisions). 
Vermont has adopted these requirements and appropriately preserved the 
EPA's authority to implement them (see VHWMRs 7-103; 7-109(b)(5); 7-
510(c)(1); 7-702(a)(2)(B); 7-703(b); 7-704(d)(5); and 7-915).
    There are several Federal rules that have been vacated, withdrawn, 
or superseded. As a result, authorization of these rules may be moot. 
However, for

[[Page 13037]]

purposes of completeness, these rule checklists are included here with 
an explanation as to the rule's status in Vermont. These checklists 
include: CL 216: Exclusion of Oil-Bearing Secondary Materials Processed 
in a Gasification System to Produce Synthetic Gas (73 FR 57, January 2, 
2008); CL 221: Expansion of RCRA Comparable Fuel Exclusion (73 FR 
77954, December 19, 2008); CL 224: Withdrawal of the Emission 
Comparable Fuel Exclusion (75 FR 33712, June 15, 2010); and CL 234: 
Vacatur of the Comparable Fuels Rule and the Gasification Rule (80 FR 
18777, April 8, 2015)--CLs 216, 221, and 224 have been vacated. CL 234 
implements the vacatur of these provisions. Vermont did not adopt the 
exclusions contained in CLs 216, 221, or 224; therefore, the adoption 
of CL 234 in Vermont would be inconsequential. Vermont's authorized 
program continues to be equivalent to and no less stringent than the 
Federal program without having to make any conforming changes pursuant 
to these rule checklists.

H. Where are the revised State 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. Although 
the statute does not prevent states from adopting regulations that are 
broader in scope than the Federal program, states cannot receive 
federal authorization for such regulations, and they are not federally 
enforceable.

1. Vermont's Requirements That Are Broader in Scope

    Vermont's hazardous waste program contains certain provisions that 
are broader than the scope of the Federal program. These broader in 
scope provisions are not part of the program the EPA is proposing to 
authorize. The EPA cannot enforce requirements that are broader in 
scope, although compliance with such provisions is required by State 
law. The Vermont provisions in this update that are broader in scope 
include, but are not limited to, the following: (a) 7-211 Vermont 
listed hazardous wastes--pesticidal wastes, identified by the Vermont 
hazardous waste code VT06; PFOA wastes, identified by the Vermont 
hazardous waste code VT21; and PFOS wastes, identified by the Vermont 
hazardous waste code VT22; (b) 7-304(e), 7-306(c)(1)(C), 7-307(c)(5), 
and 7-308(b)(5), the fee requirements for generators; and (c) 7-
702(a)(4), the VT tax on hazardous waste shipments.

2. Vermont's Requirements That Are More Stringent Than the Federal 
Program

    Vermont's hazardous waste program contains several provisions that 
are more stringent than the Federal RCRA program. More stringent 
provisions are part of a Federally authorized program and are, 
therefore, Federally enforceable. Under this action, the EPA would 
authorize every provision in Vermont's program that is more stringent. 
The provisions of the proposed program revision that are more stringent 
are noted in Table 1. They include, but are not limited to, the 
following:
    (a) Vermont limits the exclusion for solvent contaminated wipes to 
the exclusion for only reusable wipes that are transported off-site for 
cleaning; it does not include the federal exclusion for disposable 
wipes and does not allow the on-site cleaning of the wipes. In 
addition, Vermont also requires that generators maintain certain 
documentation at their site regarding the management of the wipes.
    (b) Vermont regulates VSQGs more stringently by not allowing them 
to mix hazardous wastes with solid wastes. In addition, Vermont does 
not allow VSQGs to exceed quantity limits, whereas the federal 
regulations at 262.14(a)(3) and 262.14(a)(4) do allow this. In Vermont, 
VSQGs become at least an SQG if they exceed any of the quantity limits 
for VSQGs.
    (c) Vermont has no state analog to 262.16(c) for SQGs transporting 
waste over 200 miles.
    (d) Vermont does not have the ``mixture'' rule, therefore has no 
state analog to 262.13(f)(2) for SQG and LQG wastes mixed with solid 
wastes.
    (e) SQGs and LQGs must maintain a log documenting weekly 
inspections of short-term storage areas, there is no federal analog to 
this requirement.
    (f) LQGs are subject to closure requirements that are not required 
federally. LQGs must submit a ``Pre-Closure Notification Form'' and, 
based on the information provided on that form, may be required to 
submit a closure plan that meets specific requirements. Those 
requirements are found in VHWMR Sec.  7-308(b)(17)(D). In addition, on 
a case-by-case basis, the certification of closure from an independent 
professional engineer may be required, and if the generator was an LQG 
within five years prior to closure it must close as an LQG regardless 
of generator status at time of closure.

I. Who handles permits after the authorization takes effect?

    Vermont will continue to issue permits covering 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 will the EPA codify Vermont hazardous waste 
program as authorized in this rule?

    Codification is the process of placing citations and references to 
the State's statutes and regulations that comprise the State's 
authorized hazardous waste program into the Code of Federal 
Regulations. EPA does this by adding those citations and references to 
the authorized State rules in 40 CFR part 272. EPA is not proposing to 
codify the authorization of Vermont's changes at this time. However, 
EPA reserves the ability to amend 40 CFR part 272, subpart UU for the 
authorization of Vermont's program at a later date.

K. Statutory and Executive Order Reviews

    The Office of Management and Budget (OMB) 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). This action authorizes 
State requirements for the purpose of RCRA section 3006 and imposes no 
additional requirements beyond those imposed by State law. Therefore, 
this action is not subject to review by OMB. This action is not an 
Executive Order 13771 (82 FR 9339, February 3, 2017) regulatory action 
because actions such as this authorization of Vermont's revised 
hazardous waste program under RCRA are exempted under Executive Order 
12866. 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 (2 U.S.C. 1531-1538). For the same reason, 
this action also does not significantly or uniquely

[[Page 13038]]

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. This 
action 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), the 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 the 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 taking this action, the EPA has taken the necessary steps to 
eliminate drafting errors and ambiguity, minimize potential litigation, 
and provide a clear legal standard for affected conduct. The EPA has 
complied with Executive Order 12630 (53 FR 8859, March 15, 1988) by 
examining the takings implications of this action 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 action does not impose an information collection 
burden under the provisions of the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501 et seq.). ``Burden'' is defined at 5 CFR 1320.3(b). 
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. Because this action authorizes pre-
existing State rules which are at least 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, 
this rule is not subject to Executive Order 12898.

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: February 23, 2023.
David W. Cash,
Regional Administrator, U.S. EPA Region I.
[FR Doc. 2023-04148 Filed 3-1-23; 8:45 am]
BILLING CODE 6560-50-P


