1
ENVIRONMENTAL
PROTECTION
AGENCY
40
CFR
Part
271
[
EPA­
R03­
RCRA­
2006­
0381;
FRL
]

Virginia:
Final
Authorization
of
State
Hazardous
Waste
Management
Program
Revisions
AGENCY:
Environmental
Protection
Agency
(
EPA).

ACTION:
Immediate
final
rule.

SUMMARY:
Virginia
has
applied
to
EPA
for
final
authorization
of
revisions
to
its
hazardous
waste
program
under
the
Resource
Conservation
and
Recovery
Act
(
RCRA).
EPA
has
determined
that
these
revisions
satisfy
all
requirements
needed
to
qualify
for
final
authorization
and
is
authorizing
Virginia's
revisions
through
this
immediate
final
action.
EPA
is
publishing
this
rule
to
authorize
the
revisions
without
a
prior
proposal
because
we
believe
this
action
is
not
controversial
and
do
not
expect
comments
that
oppose
it.
Unless
we
receive
written
comments
that
oppose
this
authorization
during
the
comment
period,
the
decision
to
authorize
Virginia's
revisions
to
its
hazardous
waste
program
will
take
effect.
If
we
receive
comments
that
oppose
this
action,
we
will
publish
a
document
in
the
Federal
Register
withdrawing
the
relevant
amendments,
section
or
paragraph,
of
this
rule
before
they
take
effect
and
a
separate
document
in
the
proposed
rules
section
of
this
Federal
Register
will
serve
as
a
proposal
to
authorize
revisions
to
Virginia's
program
that
were
the
subject
of
adverse
comments.
2
DATES:
This
final
authorization
will
become
effective
on
[
insert
date
60
days
after
the
date
of
publication
in
the
Federal
Register],
unless
EPA
receives
adverse
written
comments
by
[
insert
date
30
days
after
the
date
of
publication
in
the
Federal
Register].
If
EPA
receives
any
such
comment,
it
will
publish
a
timely
withdrawal
of
this
immediate
final
rule
in
the
Federal
Register
and
inform
the
public
that
this
authorization,
or
portions
thereof,
will
not
take
effect
as
scheduled.

ADDRESSES:
Submit
your
comments,
identified
by
[
EPA­
R03­
RCRA­
2006­
0381]
by
one
of
the
following
methods:

1.
Federal
eRulemaking
Portal:
http://
www.
regulations.
gov.
Follow
the
on­
line
instructions
for
submitting
comments.

2.
E­
mail:
ellerbe.
lillie@
epamail.
epa.
gov
3.
Mail:
Lillie
Ellerbe,
Mailcode
3WC21,
RCRA
State
Programs
Branch,
U.
S.
EPA
Region
III,
1650
Arch
Street,
Philadelphia,
PA
19103­
2029.

4.
Hand
Delivery:
At
the
previously­
listed
EPA
Region
III
address.
Such
deliveries
are
only
accepted
during
normal
hours
of
operation,
and
special
arrangements
should
be
made
for
deliveries
of
boxed
information.

You
may
inspect
and
copy
Virginia's
application
from
8:
15
a.
m.
to
4:
30
p.
m.,
Monday
through
Friday
at
the
following
addresses:
Virginia
Department
of
Environmental
Quality,
Division
of
Waste
Program
Coordination,
629
East
Main
Street,
Richmond,
VA
23219,
Phone
number:
(
804)

698­
4213,
attn:
Robert
Wickline,
and
Virginia
Department
of
Environmental
Quality,
West
Central
Regional
Office,
3019
Peters
Creek
Road,
Roanoke,
VA,
24019
Phone
number:
(
540)
562­
6872,

attn:
Aziz
Farahmand,
and
EPA
Region
III,
Library,
2nd
Floor,
1650
Arch
Street,
Philadelphia,
PA
3
19103­
2029,
Phone
number:
(
215)
814­
5254.

Instructions:
Direct
your
comments
to
[
EPA­
R03­
RCRA­
2006­
0381].
EPA's
policy
is
that
all
comments
received
will
be
included
in
the
public
file
without
change,
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
federal
www.
regulations.
gov
website
is
an
"
anonymous
access"
system
which
means
that
EPA
will
not
know
your
identity
or
contact
information
unless
you
provide
it
in
the
body
of
your
comment.
If
you
send
an
e­
mail
comment
directly
to
EPA
without
going
through
www.
regulations.
gov,
your
e­
mail
address
will
be
automatically
captured
and
included
as
part
of
the
comment
that
is
placed
in
the
public
file
and
made
available
on
the
Internet.
If
you
submit
an
electronic
comment,
EPA
recommends
that
you
include
your
name
and
other
contact
information
in
the
body
of
your
comment
and
with
any
disk
or
CD­
ROM
you
submit.
If
EPA
cannot
read
your
comment
due
to
technical
difficulties
and
cannot
contact
you
for
clarification,
EPA
may
not
be
able
to
consider
your
comment.
Electronic
files
should
avoid
the
use
of
special
characters
and
any
form
of
encryption,
and
be
free
of
any
defects
or
viruses.

FOR
FURTHER
INFORMATION
CONTACT:
Lillie
Ellerbe,
Mailcode
3WC21,
RCRA
State
Programs
Branch,
U.
S.
EPA
Region
III,
1650
Arch
Street,
Philadelphia,
PA
19103­
2029,
Phone
number:
(
215)
814­
5454.
4
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.
Program
revision
may
be
necessary
when
the
controlling
Federal
or
State
statutory
or
regulatory
authority
is
modified
or
supplemented.
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
266,
268,
270,
273
and
279.

B.
What
Decisions
Have
We
Made
in
This
Rule?

EPA
concludes
that
Virginia's
application
to
revise
its
authorized
program
meets
all
of
the
statutory
and
regulatory
requirements
established
by
RCRA.
Therefore,
we
grant
Virginia
final
authorization
to
operate
its
hazardous
waste
program
with
the
revisions
described
in
its
application
for
program
revisions,
subject
to
the
procedures
described
in
section
E,
below.
Virginia
has
responsibility
for
permitting
treatment,
storage,
and
disposal
facilities
(
TSDFs)
within
its
borders
and
for
carrying
out
the
aspects
of
the
RCRA
program
described
in
its
application,
subject
to
the
limitations
of
the
Hazardous
and
Solid
Waste
Amendments
of
1984
(
HSWA).
New
Federal
requirements
and
prohibitions
imposed
by
Federal
regulations
that
EPA
promulgates
under
the
authority
of
HSWA
take
effect
in
authorized
States
before
they
are
authorized
for
the
requirements.

Thus,
EPA
will
implement
those
HSWA
requirements
and
prohibitions
for
which
Virginia
has
not
been
authorized,
including
issuing
HSWA
permits,
until
the
State
is
granted
authorization
to
do
so.
5
C.
What
is
the
Effect
of
This
Authorization
Decision?

This
decision
serves
to
authorize
revisions
to
Virginia's
authorized
hazardous
waste
program.
This
action
does
not
impose
additional
requirements
on
the
regulated
community
because
the
regulations
for
which
Virginia
is
being
authorized
by
today's
action
are
already
effective
and
are
not
changed
by
today's
action.
Virginia
has
enforcement
responsibilities
under
its
state
hazardous
waste
program
for
violations
of
its
program,
but
EPA
retains
its
authority
under
RCRA
sections
3007,
3008,
3013,
and
7003,
which
include,
among
others,
authority
to:

°
Perform
inspections,
and
require
monitoring,
tests,
analyses
or
reports;

°
Enforce
RCRA
requirements
and
suspend
or
revoke
permits;
and
°
Take
enforcement
actions
regardless
of
whether
Virginia
has
taken
its
own
actions.

D.
Why
Wasn't
There
a
Proposed
Rule
Before
This
Rule?

EPA
did
not
publish
a
proposal
before
today's
rule
because
we
view
this
as
a
routine
program
change
and
do
not
expect
comments
that
oppose
this
approval.
We
are
providing
an
opportunity
for
public
comment
now.
In
addition
to
this
rule,
in
the
proposed
rules
section
of
today's
Federal
Register
we
are
publishing
a
separate
document
that
proposes
to
authorize
Virginia's
program
revisions.
If
EPA
receives
comments
that
oppose
this
authorization,
or
portions
thereof,
that
document
will
serve
as
a
proposal
to
authorize
the
revisions
to
Virginia's
program
that
were
the
subject
of
adverse
comment.

E.
What
Happens
if
EPA
Receives
Comments
That
Oppose
This
Action?

If
EPA
receives
comments
that
oppose
this
authorization,
or
portions
thereof,
we
will
6
withdraw
this
rule,
or
portions
thereof,
by
publishing
a
document
in
the
Federal
Register
before
the
rule
would
become
effective.
EPA
will
base
any
further
decision
on
the
authorization
of
Virginia's
program
revisions
on
the
proposal
mentioned
in
the
previous
section.
We
will
then
address
all
public
comments
in
a
later
final
rule.
You
may
not
have
another
opportunity
to
comment.
If
you
want
to
comment
on
this
authorization,
you
must
do
so
at
this
time.

If
we
receive
comments
that
oppose
the
authorization
of
a
particular
revision
to
Virginia's
hazardous
waste
program,
we
will
withdraw
that
part
of
this
rule,
but
the
authorization
of
the
program
revisions
that
the
comments
do
not
oppose
will
become
effective
on
the
date
specified
above.
The
Federal
Register
withdrawal
document
will
specify
which
part
of
the
authorization
will
become
effective,
and
which
part
is
being
withdrawn.

F.
What
Has
Virginia
Previously
Been
Authorized
for?

Initially,
Virginia
received
final
authorization
to
implement
its
hazardous
waste
management
program
effective
December
18,
1984
(
49
FR
47391).
EPA
granted
authorization
for
revisions
to
Virginia's
regulatory
program
effective
August
13,
1993
(
58
FR
32855);
September
29,
2000
(
65
FR
46607);
and
June
20,
2003
(
68
FR
36925).

G.
What
Revisions
Are
We
Authorizing
With
This
Action?

On
May
6,
2005,
Virginia
submitted
a
program
revision
application,
seeking
authorization
of
additional
revisions
to
its
program
in
accordance
with
40
CFR
271.21.
Virginia's
revision
application
includes
various
regulations
that
are
equivalent
to,
and
no
less
stringent
than,
revisions
to
the
Federal
hazardous
waste
program,
as
published
in
the
Federal
Register
from
July
1,
2001
7
through
July
1,
2004,
as
well
as
miscellaneous
changes
to
its
previously
authorized
program.
We
now
make
an
immediate
final
decision,
subject
to
receipt
of
written
comments
that
oppose
this
action,
that
Virginia's
hazardous
waste
program
revision
satisfies
all
of
the
requirements
necessary
to
qualify
for
final
authorization.
Therefore,
EPA
grants
Virginia's
final
authorization
for
the
following
program
revisions:

1.
Program
Revision
Changes
for
Federal
Rules
Virginia
seeks
authority
to
administer
the
Federal
requirements
that
are
listed
in
Table
1.

Virginia
incorporates
by
reference
these
Federal
provisions,
in
accordance
with
the
dates
specified
in
Title
9,
Virginia
Administrative
Code
(
9
VAC
20­
60­
18).
Table
1
lists
Virginia's
requirements
that
are
being
recognized
as
no
less
stringent
than
the
analogous
Federal
requirements.
The
Virginia
Waste
Management
Act
(
VWMA),
enacted
by
the
1986
session
of
the
Virginia's
General
Assembly
and
recodified
in
1988
as
Chapter
14,
Title
10.1,
Code
of
Virginia,
forms
the
basis
of
the
Virginia
program.
The
regulatory
references
are
to
Title
9,
Virginia
Administrative
Code
(
9
VAC)
effective
September
8,
2004.

Table
1.
 
Virginia's
Analogs
to
the
Federal
Requirements
Description
of
Federal
Requirement
(
Revision
Checklists1)
Federal
Register
Analogous
Virginia
Authority
RCRA
Cluster
XI2
,
Non­
HSWA
Hazardous
Air
Pollutant
Standards;
Technical
corrections,
Checklist
188
66
FR
35087,
7/
3/
01
Title
9,
Virginia
Administrative
Code
(
9
VAC)
§
§
20­
60­
18
and
20­
60­
264
A
RCRA
Cluster
XII,
HSWA/
Non­
HSWA
Description
of
Federal
Requirement
(
Revision
Checklists1)
Federal
Register
Analogous
Virginia
Authority
8
Hazardous
Waste
Identification
Rule
Corrections:
Revisions
to
Mixture
and
Derived­
From
Rules,
Checklist
194
66
FR
50332,
10/
3/
01
9
VAC
§
§
20­
60­
18
and
20­
60­
261
A
Identification
and
Listing
of
Hazardous
Waste:
Inorganic
Chemical
Manufacturing
Wastes;
Land
Disposal
Restrictions
for
Newly
Identified
Wastes,
Checklist
195
66
FR
58258,
11/
20/
01;
67
FR
17119,
4/
9/
02
9
VAC
§
§
20­
60­
18,
20­
60­
261
A
and
20­
60­
268
A
RCRA
Cluster
XII,
HSWA
CAMU
Amendments,
Checklist
196
67
FR
2962,
1/
22/
02
9
VAC
§
§
20­
60­
18,
20­
60­
260
A
and
20­
60­
264
A
RCRA
Cluster
XII,
HSWA/
Non­
HSWA
Interim
Standards
for
Hazardous
Air
Pollutants
for
Hazardous
Waste
Combustors,
Checklist
197
67
FR
6792,
2/
13/
02
9
VAC
§
§
20­
60­
18,
20­
60­
264
A,
20­
60­
265
A,
20­
60­
266
A
and
20­
60­
270
A
Hazardous
Air
Pollutant
Standards
for
Hazardous
Waste
Combustors,
Checklist
198
67
FR
6968,
2/
14/
02
9
VAC
§
§
20­
60­
18,
20­
60­
266
A
and
20­
60­
270
A
RCRA
Cluster
XII,
Non­
HSWA
Vacatur
of
Mineral
Processing
Spent
Materials
Being
Reclaimed
as
Solid
Wastes
and
TCLP
Use
with
MGP
Waste,
Checklist
199
67
FR
11251,
3/
13/
02
9
VAC
§
§
20­
60­
18
and
20­
60­
261
A
RCRA
Cluster
XIII,
HSWA/
Non­
HSWA
Zinc
Fertilizers
Made
From
Recycled
Hazardous
Secondary
Materials,
Checklist
200
67
FR
48393,
7/
24/
02
9
VAC
§
§
20­
60­
18,
20­
60­
261
A,
266
A
and
20­
60­
268
A
RCRA
Cluster
XIII,
HSWA
Description
of
Federal
Requirement
(
Revision
Checklists1)
Federal
Register
Analogous
Virginia
Authority
9
Land
Disposal
Restrictions:
National
Treatment
Variance
to
Designate
New
Treatment
Subcategories
for
Radioactively
Contaminated
Cadmium­,
Mercury­,
and
Silver­,
Containing
Batteries,
Checklist
201
67
FR
62618,
10/
7/
02
9
VAC
§
§
20­
60­
18
and
20­
60­
268
A
NESHAP:
Standards
for
Hazardous
Air
Pollutants
for
Hazardous
Waste
Combustors 
Corrections,
Checklist
202
67
FR
77687,
12/
19/
02
9
VAC
§
§
20­
60­
18
and
20­
60­
270
A
RCRA
Cluster
XIV,
Non­
HSWA
Hazardous
Waste
Management
System:
Identification
and
Listing
of
Hazardous
Waste;
Recycled
Used
Oil
Standards,
Checklist
203
68
FR
44659,
7/
30/
03
9
VAC
§
§
20­
60­
18,
20­
60­
261
A
and
20­
60­
279
A
National
Environmental
Performance
Track
Program,
Checklist
204
69
FR
21737,
4/
22/
04
9
VAC
§
§
20­
60­
18
and
20­
60­
262A
NESHAP:
Surface
Coating
of
Automobiles
and
Light­
Duty
Trucks,
Checklist
205
69
FR
22601,
4/
26/
04
9
VAC
§
§
20­
60­
18,
20­
60­
264A,
and
20­
60­
265A
1A
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
http://
www.
epa.
gov/
epaoswer/
hazwaste/
state.

2A
RCRA
"
Cluster"
is
a
set
of
Revision
Checklists
for
Federal
rules,
typically
promulgated
over
a
12­
month
period
starting
on
July
1
and
ending
on
June
30
of
the
following
year.

2.
Miscellaneous
Changes
10
In
addition
to
adopting
the
Federal
program
revisions
discussed
in
Section
G.
1,
Virginia
has
made
various
regulatory
revisions
to
its
authorized
program.
Virginia
is
seeking
authorization
for
these
miscellaneous
changes.
In
a
number
of
the
revisions,
Virginia
has
made
wording
changes
and
technical
corrections
in
order
to
clarify
its
regulations.
For
example,
"
director"
has
been
replaced
by
"
department"
in
many
provisions.
Virginia
has
also
removed
a
portion
of
the
provision
that
was
at
9
VAC
§
20­
60­
70
B.
The
Commonwealth
previously
required
that
permits
for
hazardous
waste
management
facilities,
including
permits
by
rule,
be
the
subject
of
a
public
hearing.
The
provision
was
more
stringent
than
the
Federal
requirements.
By
removing
a
portion
of
the
9
VAC
§
20­
60­
70
B
provision
from
its
regulations,
Virginia's
requirement
for
public
hearings
is
now
the
same
as
the
analogous
Federal
regulation.

Finally,
Virginia
has
made
various
additional
regulatory
revisions
which
are
listed
following
this
paragraph.
While
some
of
the
changes
clarify
Virginia's
regulations,
others
make
the
Virginia
program
more
stringent
or
broader
in
scope
than
the
Federal
program.
The
broader­
in­
scope
provisions
are
discussed
in
Section
H.
1
below.
Regulatory
citations
annotated
with
an
asterisk
are
deemed
to
be
more
stringent
than
the
Federal
program.
EPA
has
evaluated
the
changes
described
in
this
section
and
has
determined
that
they
are
consistent
with
and
no
less
stringent
than
the
corresponding
Federal
regulations.

Title
9,
Virginia
Administrative
Code
(
9
VAC)
§
§
20­
60­
264
B
8*,
20­
60­
264
B
9*,
20­
60­
264
B
10*,
20­
60­
264
B
11,
20­
60­
264
B
12,
20­
60­
264
B
13*,
20­
60­
264
B
14*,
20­
60­
264
B
15*,
20­
60­
264
B
16*,
20­
60­
264
B
17*,
20­
60­
264
B
18*,
20­
60­
264
B
19*,
20­
60­
264
11
B
20,
20­
60­
264
B
21,
20­
60­
264
B
22*,
20­
60­
265
B
8*,
20­
60­
270
B
15,
20­
60­
315
D
and
20­
60­
420
A.

A
further
discussion
of
Virginia's
miscellaneous
regulatory
changes
is
found
in
the
following
application
document
for
Virginia:
"
Demonstration
of
Adequate
Authority
for
Virginia
Hazardous
Waste
Program
Revisions,
Program
Revision
III,
2004."

H.
Where
Are
the
Revised
Virginia
Rules
Different
From
the
Federal
Rules?

1.
Virginia
Requirements
That
Are
Broader
in
Scope
Than
the
Federal
Program
The
Virginia
hazardous
waste
program
contains
certain
provisions
that
are
beyond
the
scope
of
the
Federal
program.
As
part
of
the
miscellaneous
changes
discussed
in
Section
G.
2,
Virginia
amended
its
hazardous
waste
regulations
to
(
1)
change
the
fee
structure
for
permit
applicants,
(
2)

add
annual
fees
for
facilities
and
large
quantity
generators,
and
(
3)
shift
the
cost
of
certain
public
participation
activities
to
applicants
and
petitioners.
The
requirements,
which
are
listed
below,
are
beyond
the
scope
of
the
Federal
program.
These
broader
in
scope
provisions
are
not
part
of
the
program
being
authorized
by
today's
action.
EPA
cannot
enforce
requirements
that
are
broader
in
scope,
although
compliance
with
such
provisions
is
required
by
Virginia
law.

(
a)
Virginia's
regulations
at
9
VAC
§
20­
60­
124
B9
now
require
the
petitioners
for
variances
to
publish
and
announce
the
required
public
hearings
at
their
expense.

(
b)
Virginia's
regulations
at
9
VAC
§
§
20­
60­
262
B8,
20­
60­
270
B16
and
20­
60­
1260
through
9
VAC
20­
60­
1286
require
that
beginning
July
1,
2004,
large
quantity
generators,
permitted
facilities,
interim
status
facilities
and
all
facilities
subject
to
an
order
or
agreement,
must
pay
an
12
annual
fee
to
help
fund
the
regulatory
programs.

2.
Virginia
Requirements
That
Are
More
Stringent
Than
the
Federal
Program
The
Virginia
hazardous
waste
program
contains
some
provisions
that
are
more
stringent
than
those
required
by
the
RCRA
program
as
codified
in
the
July
1,
2004
edition
of
title
40
of
the
Code
of
Federal
Regulations
(
CFR).
These
more
stringent
provisions
are
hereby
incorporated
into
the
Federally­
authorized
program.
The
specific
more
stringent
provisions
are
noted
in
Section
G.
2.

3.
Virginia's
Adoption
of
EPA's
Site­
Specific
Delisting
and
Variance
Decisions
In
its
regulations,
Virginia
has
adopted
EPA's
decisions
relative
to
the
site­
specific
delistings
published
on
July
30,
2003
(
68
FR
44652),
August
7,
2003
(
68
FR
46951),
September
11,
2003
(
68
FR
53517),
February
26,
2004
(
69
FR
8828),
April
22,
2004
(
69
FR
21754),
as
well
as
the
sitespecific
treatment
variances
from
the
Land
Disposal
Restrictions
(
LDR)
treatment
standards
published
on
February
11,
2004
(
69
FR
6567).
EPA
today
is
not
authorizing
Virginia
to
delist
wastes
or
to
grant
treatment
variances.
With
regard
to
waste
delisted
as
a
hazardous
waste
by
EPA,

the
authority
of
the
Department
of
Environmental
Quality
is
limited
to
recognition
of
the
waste
as
a
delisted
waste
in
Virginia,
and
the
supervision
of
waste
management
activities
for
the
delisted
waste
when
the
activities
occur
within
the
Commonwealth
of
Virginia.
Virginia
is
not
authorized
to
delist
wastes
on
behalf
of
the
EPA,
or
to
otherwise
administer
any
case
decision
to
issue,
revoke,
or
continue
a
delisting
of
a
waste
by
EPA.
Similarly,
while
Virginia
is
recognizing
EPA's
decision
regarding
the
site­
specific
treatment
variances,
the
authority
to
grant
such
variances
remains
with
the
EPA.
13
I.
Who
Handles
Permits
After
This
Authorization
Takes
Effect?

After
authorization,
Virginia
will
issue
permits
for
all
the
provisions
for
which
it
is
authorized
and
will
administer
the
permits
it
issues.
EPA
will
continue
to
administer
any
RCRA
hazardous
waste
permits
or
portions
of
permits
that
we
issued
prior
to
the
effective
date
of
this
authorization
until
the
timing
and
process
for
effective
transfer
to
the
State
are
mutually
agreed
upon.
Until
such
time
as
formal
transfer
of
EPA
permit
responsibility
to
Virginia
occurs
and
EPA
terminates
its
permit,
EPA
and
Virginia
agree
to
coordinate
the
administration
of
permits
in
order
to
maintain
consistency.
We
will
not
issue
any
more
new
permits
or
new
portions
of
permits
for
the
provisions
listed
in
section
G
above
after
the
effective
date
of
this
authorization.
EPA
will
continue
to
implement
and
issue
permits
for
HSWA
requirements
for
which
Virginia
is
not
yet
authorized.

J.
How
Does
This
Action
Affect
Indian
Country
(
18
U.
S.
C.
115)
in
Virginia?

Virginia
is
not
seeking
authorization
to
operate
the
program
on
Indian
lands,
since
there
are
no
Federally­
recognized
Indian
lands
in
Virginia.

K.
What
Is
Codification
and
Is
EPA
Codifying
Virginia's
Hazardous
Waste
Program
as
Authorized
in
This
Rule?

Codification
is
the
process
of
placing
the
State's
statutes
and
regulations
that
comprise
the
State's
authorized
hazardous
waste
program
into
the
Code
of
Federal
Regulations.
We
do
this
by
referencing
the
authorized
State
rules
in
40
CFR
part
272.
We
reserve
the
amendment
of
40
CFR
part
272,
subpart
VV,
for
this
authorization
of
Virginia's
program
revisions
until
a
later
date.
14
L.
Statutory
and
Executive
Order
Reviews
This
rule
only
authorizes
hazardous
waste
requirements
pursuant
to
RCRA
section
3006
and
imposes
no
requirements
other
than
those
imposed
by
State
law
(
see
Supplementary
Information:
section
A.
Why
are
Revisions
to
State
Programs
Necessary?).
Therefore,
this
rule
complies
with
applicable
executive
orders
and
statutory
provisions
as
follows.
1.
Executive
Order
12866:
Regulatory
Planning
Review
­
The
Office
of
Management
and
Budget
has
exempted
this
rule
from
its
review
under
Executive
Order
12866.
2.
Paperwork
Reduction
Act
­
This
rule
does
not
impose
an
information
collection
burden
under
the
Paperwork
Reduction
Act.

3.
Regulatory
Flexibility
Act
­
After
considering
the
economic
impacts
of
today's
rule
on
small
entities
under
the
Regulatory
Flexibility
Act,
I
certify
that
this
rule
will
not
have
a
significant
economic
impact
on
a
substantial
number
of
small
entities.
4.
Unfunded
Mandates
Reform
Act
­
Because
this
rule
approves
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.
5.
Executive
Order
13132:
Federalism
­
Executive
Order
13132
does
not
apply
to
this
rule
because
it
will
not
have
federalism
implications
(
i.
e.,
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).
6.
Executive
Order
13175:
Consultation
and
Coordination
with
Indian
Tribal
Governments
­
Executive
Order
13175
does
not
apply
to
this
rule
because
it
will
not
have
tribal
implications
(
i.
e.,

substantial
direct
effects
on
one
or
more
Indian
tribes,
on
the
relationship
between
the
Federal
15
government
and
Indian
tribes,
or
on
the
distribution
of
power
and
responsibilities
between
the
Federal
Government
and
Indian
tribes).
7.
Executive
Order
13045:
Protection
of
Children
from
Environmental
Health
&
Safety
Risks
­
This
rule
is
not
subject
to
Executive
Order
13045
because
it
is
not
economically
significant
and
it
is
not
based
on
health
or
safety
risks.
8.

Executive
Order
13211:
Actions
that
Significantly
Affect
Energy
Supply,
Distribution,
or
Use
­
This
rule
is
not
subject
to
Executive
Order
13211
because
it
is
not
a
significant
regulatory
action
as
defined
in
Executive
Order
12866.
9.
National
Technology
Transfer
and
Advancement
Act
­
EPA
approves
State
programs
as
long
as
they
meet
criteria
required
by
RCRA,
so
it
would
be
inconsistent
with
applicable
law
for
EPA,
in
its
review
of
a
State
program,

to
require
the
use
of
any
particular
voluntary
consensus
standard
in
place
of
another
standard
that
meets
the
requirements
of
RCRA.
Thus,
section
12(
d)
of
the
National
Technology
Transfer
and
Advancement
Act
does
not
apply
to
this
rule.
10.
Congressional
Review
Act
­
EPA
will
submit
a
report
containing
this
rule
and
other
information
required
by
the
Congressional
Review
Act
(
5
U.
S.
C.
801
et
seq.)
to
the
U.
S.
Senate,
the
U.
S.
House
of
Representatives,
and
the
Comptroller
General
of
the
United
States
prior
to
publication
in
the
Federal
Register.
A
major
rule
cannot
take
effect
until
60
days
after
it
is
published
in
the
Federal
Register.
This
action
is
not
a
"
major
rule"
as
defined
by
5
U.
S.
C.
804(
2).
This
action
will
be
effective
on
[
insert
date
60
days
after
the
date
of
publication
in
the
Federal
Register].
16
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:
4/
13/
06
/
s/
Donald
S.
Welsh
Regional
Administrator,
EPA
Region
III
BILLING
CODE:
6560­
50­
P
