
[Federal Register: April 3, 2008 (Volume 73, Number 65)]
[Rules and Regulations]               
[Page 18172-18176]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03ap08-11]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-RO3-RCRA-2008-0256; FRL-8548-9]

 
Virginia: Final Authorization of State Hazardous Waste Management 
Program Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate final rule.

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SUMMARY: Virginia has applied to EPA for Final authorization of the 
revisions of 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 the State'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 changes 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 this rule before it takes effect and a separate document in 
the proposed rules section of this Federal Register will serve as a 
proposal to authorize the changes.

DATES: This Final authorization will become effective on June 2, 2008, 
unless EPA receives adverse written comment by May 5, 2008. If EPA 
receives such comment, it will publish a timely withdrawal of this 
immediate final rule in the Federal Register and inform the public that 
this authorization will not take effect.

ADDRESSES: Submit your comments 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: Thomas UyBarreta, uybarreta.thomas@epa.gov.
    3. First Class or Overnight Mail: Thomas UyBarreta, Mailcode 3WC21, 
RCRA State Programs Branch, U.S. EPA Region III, 1650 Arch Street, 
Philadelphia, PA 19103-2029.
    4. Hand Delivery or Courier. Deliver your comments to Thomas 
UyBarreta, Mailcode 3WC21, RCRA State Programs Branch, U.S. EPA Region 
III, 1650 Arch Street, Philadelphia, PA 19103-2029.
    Instructions: We must receive your comments by May 5, 2008. Please 
refer to Docket Number EPA-R03-RCRA-2008-0256. Do not submit 
information that you consider to be Confidential Business Information 
(CBI) or otherwise protected through regulations.gov, or e-mail. Such 
comments should be sent via First Class or overnight mail. The Federal 
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 e-mail comment 
directly to EPA without going through regulations.gov, your e-mail 
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, even if you sent an e-
mail comment directly to EPA, 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.
    You can view and copy Virginia's application and associated 
publicly available materials from 8:15 a.m. to 4:30 p.m., Monday 
through Friday at the following locations: Virginia Department of 
Environmental Quality,

[[Page 18173]]

Waste Division, 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 Library, 2nd Floor, 1650 Arch Street, 
Philadelphia, PA 19103-2029, Phone number: (215) 814-5254. Interested 
persons wanting to examine these documents should make an appointment 
with the office at least five business days in advance.

FOR FURTHER INFORMATION CONTACT: Thomas UyBarreta, Mailcode 3WC21, RCRA 
State Programs Branch, U.S. EPA Region III, 1650 Arch Street, 
Philadelphia, PA 19103-2029. Telephone 215-814-2953.

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, States 
must revise their programs and ask EPA to authorize the revisions. 
Revisions 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 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?

    We conclude that Virginia's program revision application of October 
10, 2007, 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 the authorization application, except 
as described in Sections H. 1, 3, and 4 of this immediate final rule. 
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 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 even before they 
are authorized for the requirements. Thus, EPA will implement those 
requirements and prohibitions in Virginia, including issuing permits, 
until the State is granted authorization to do so.

C. What is the Effect of This Authorization Decision?

    The effect of this decision is that a facility in Virginia subject 
to RCRA will have to comply with the authorized revised State 
requirements instead of the equivalent Federal requirements in order to 
comply with RCRA. While Virginia has enforcement responsibilities under 
its State hazardous waste program for violations of such program, EPA 
nevertheless retains its authority under RCRA sections 3007, 3008, 
3013, and 7003, which include, among others, authority to:
     Take enforcement actions regardless of whether the State 
has taken its own actions;
     enforce RCRA requirements and suspend or revoke permits; 
and
     perform inspections, and require monitoring, tests, 
analyses or reports.
    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.

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 the State program changes.

E. What Happens If 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 revised State program on the proposal 
mentioned in the previous paragraph. 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 only the authorization of a 
particular revision to the State 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); June 20, 2003 (68 FR 36925); and July 10, 2006 
(71 FR 27216).

G. What Revisions Are We Authorizing With This Action?

    On October 10, 2007, Virginia submitted a program revision 
application, seeking authorization of 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, 2004 through July 19, 2006, 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 
revisions set forth in its October 10, 2007 application satisfy all of 
the requirements necessary to qualify for final authorization except as 
described in sections H. 1, 3, and 4 of this immediate final rule. 
Therefore, EPA grants Virginia final authorization for the following 
program revisions.
    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 also 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 Virginia's General Assembly 
and recodified in 1988 as Chapter 14, Title 10.1, Code of Virginia, 
forms the basis

[[Page 18174]]

of the Virginia program. The regulatory references are to Title 9, 
Virginia Administrative Code (9 VAC) effective May 22, 2006.

        Table 1.--Virginia's Analogs to the Federal Requirements
------------------------------------------------------------------------
    Description of federal
     requirement (revision       Federal Register    Analogous Virginia
        checklists\1\)                                   authority
------------------------------------------------------------------------
                      RCRA Cluster XV,\2\ Non-HSWA
------------------------------------------------------------------------
National Environmental          69 FR 62217, 10/   Title 9, Virginia
 Performance Track Program;      25/04.             Code (9 VAC) Sec.
 Corrections, Checklist 204.                        Sec.   20-60-18 and
                                                    20-60-262 A.
------------------------------------------------------------------------
                          RCRA Cluster XV, HSWA
------------------------------------------------------------------------
Identification and Listing of   70 FR 9138, 2/24/  9 VAC Sec.  Sec.   20-
 Hazardous Waste; Dyes and/or    05.                60-18, 20-60-261 A,
 Pigments Production Wastes;                        and 20-60-268 A.
 Land Disposal Restrictions
 for Newly Identified Wastes;
 CERCLA Hazardous Substance
 Designation and Reportable
 Quantities; Designation of
 Five Chemicals as Appendix
 VIII Constituents; Addition
 of Four Chemicals to the
 Treatment Standards of F039
 and the Universal Treatment
 Standards, Checklist 206.
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                     RCRA Cluster XV, HSWA/Non-HSWA
------------------------------------------------------------------------
Modification of the Hazardous   70 FR 10776, 3/4/  9 VAC Sec.  Sec.   20-
 Waste Manifest System,          05.                60-18, 20-60-260 A,
 Checklist 207.                                     20-60-261 A, 20-60-
                                                    262 A, 20-60-263 A,
                                                    20-60-264 A, and 20-
                                                    60-265 A.
Testing and Monitoring          70 FR 34538, 6/14/ 9 VAC Sec.  Sec.   20-
 Activities; Final Rule:         05.                60-18, 20-60-260 A,
 Methods Innovation Rule and                        20-60-261 A, 20-60-
 SW-846 Final Update IIIB,                          264 A, 20-60-265 A,
 Checklist 208.                                     20-60-266 A, 20-60-
                                                    268 A, 20-60-270 A,
                                                    and 20-60-279 A.
Modification of the Hazardous   70 FR 35034, 6/16/ 9 VAC Sec.  Sec.   20-
 Waste Manifest System,          05.                60-18, 20-60-262 A,
 Checklist 207.                                     20-60-264 A, and 20-
                                                    60-265 A.
Methods Innovation Rule and SW- 70 FR 44150, 8/1/  9 VAC Sec.  Sec.   20-
 846 Update, Checklist 208.      05.                60-18, 20-60-261 A,
                                                    and 20-60-264 A.
------------------------------------------------------------------------
                       RCRA Cluster XVI, Non-HSWA
------------------------------------------------------------------------
Universal Waste Rule: Specific  70 FR 45508, 8/5/  9 VAC Sec.  Sec.   20-
 Provisions for Mercury          05.                60-18, 20-60-260 A,
 Containing Equipment,                              20-60-261 A, 20-60-
 Checklist 209.                                     264 A, 20-60-265 A,
                                                    20-60-270 A, and 20-
                                                    60-273 A.
Standardized Permit for RCRA    70 FR 53420, 9/8/  9 VAC Sec.  Sec.   20-
 Hazardous Waste Management      05.                60-18, 20-124 A, 20-
 Facilities, Checklist 210.                         260 A, 20-261 A, 20-
                                                    267 A, and 20-270 A.
Revision of Wastewater          70 FR 57769, 10/4/ 9 VAC Sec.  Sec.   20-
 Treatment Exemptions for        05.                60-18, and 20-60-261
 Hazardous Waste Mixtures,                          A.
 Checklist 211.
------------------------------------------------------------------------
                     RCRA Cluster XVI, HSWA/Non-HSWA
------------------------------------------------------------------------
National Emission Standards     70 FR 59402, 10/   9 VAC Sec.  Sec.   20-
 for Hazardous Air Pollutants:   12/05.             60-18, 20-60-260 A,
 Final Standards for Hazardous                      20-60-264 A, 20-60-
 Air Pollutants for Hazardous                       265 A, 20-60-266 A,
 Waste Combustors (Phase I                          and 20-60-270 A.
 Final Replacement Standards
 and Phase II), Checklist 212.
RCRA Burden Reduction           71 FR 16862, 4/4/  9 VAC Sec.  Sec.   20-
 Initiative, Checklist 213.      06.                60-18, 9 VAC 20-60-
                                                    260 A, 9 VAC 20-60-
                                                    261 A, 9 VAC 20-60-
                                                    264 A, 9 VAC 20-60-
                                                    265 A, 9 VAC 20-60-
                                                    266 A, 9 VAC 20-60-
                                                    268 A, 9 VAC 20-60-
                                                    270 A.
------------------------------------------------------------------------
                                  Other
------------------------------------------------------------------------
Identification and Listing of   70 FR 21153, 4/25/ 9 VAC Sec.  Sec.   20-
 Hazardous Waste Final           05.                60-18, and 20-60-261
 Exclusion.                                         A.
Identification and Listing of   69 FR 56357, 9/21/ 9 VAC Sec.  Sec.   20-
 Hazardous Waste.                04.                60-18, and 20-60-261
                                                    A.
Identification and Listing of   69 FR 60557, 10/   9 VAC Sec.  Sec.   20-
 Hazardous Waste.                12/04.             60-18 and 20-60-261
                                                    A.
Nonwaste waters from            70 FR 35032,6/16/  9 VAC Sec.  Sec.   20-
 Productions of Dyes,            05.                60-18, 20-60-261 A,
 Pigments, and Food, Drug, and                      and 20-60-268 A.
 Cosmetic Colorants.
Identification and Listing of   70 FR 42499, 7/25/ 9 VAC Sec.  Sec.   20-
 Hazardous Waste; Final          05.                60-18, and 20-60-261
 Exclusion.                                         A.
Final Exclusion for             70 FR 44496, 8/3/  9 VAC Sec.  Sec.   20-
 Identification and Listing      05.                60-18, and 20-60-261
 Hazardous Waste.                                   A.
Site-Specific Treatment         70 FR 44505, 8/3/  9 VAC Sec.  Sec.   20-
 Variances for Heritage          05.                60-18, and 20-60-268
 Environmental Services LLC                         A.
 and Chemical Waste
 Management, Chemical
 Services, Inc.
Final Exclusion for             70 FR 49187, 8/23/ 9 VAC Sec.  Sec.   20-
 Identification and Listing      05.                60-18, and 20-60-261
 Hazardous Waste.                                   A.
Hazardous Waste Management      70 FR 51638, 8/31/ 9 VAC Sec.  Sec.   20-
 System; Identification and      05.                60-18, and 20-60-261
 Listing of Hazardous Waste;                        A.
 Final Amendment.

[[Page 18175]]


Identification and Listing of   70 FR 60217, 10/   9 VAC Sec.  Sec.   20-
 Hazardous Waste.                17/05.             60-18, and 20-60-261
                                                    A.
Identification and Listing of   70 FR 71002, 11/   9 VAC Sec.  Sec.   20-
 Hazardous Waste; Amendment.     25/05.             60-18 and 20-60-261
                                                    A.
Identification and Listing of   70 FR 71002, 11/   9 VAC Sec.  Sec.   20-
 Hazardous Waste; Final          25/05.             60-18 and 20-60-261
 Exclusion.                                         A.
Identification and Listing of   70 FR 76168, 12/   9 VAC Sec.  Sec.   20-
 Hazardous Waste; Final          23/05.             60-18 and 20-60-261
 Exclusion.                                         A.
Site-Specific Variance From     71 FR 6209, 2/7/   9 VAC Sec.  Sec.   20-
 the Land Disposal               06.                60-18 and 20-60-268
 Restrictions Treatment                             A.
 Standard for 1,3-
 Phenylenediamine (1,3-PDA).
Hazardous Waste Management      71 FR 9723, 2/27/  9 VAC Sec.  Sec.   20-
 System; Identification and      06.                60-18 and 20-60-261
 Listing of Hazardous Waste;                        A.
 Final Amendment.
------------------------------------------------------------------------
\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 http://www.epa.gov/epaoswer/hazwaste/state.
\2\ A 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.

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. Virginia's statutory 
provision Sec.  10.1-1426 F, which is related to the Federal 
Regulations at 40 CFR 261.5 and 261.4(b)(1), explains the requirements 
allowing local or state agencies to collect hazardous waste from exempt 
small quantity generators. The Virginia code is broader in scope 
because there is not a corresponding part of the Federal program that 
has such a restriction. 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.

2. Virginia Requirements That Are More Stringent Than the Federal 
Program

    The Virginia hazardous waste program contains no new provisions 
that are more stringent than those required by the RCRA program as 
codified in the July 1, 2006 edition of title 40 of the Code of Federal 
Regulations (CFR).

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 between September 21, 2004 
and February 27, 2006 (69 FR 56357, 69 FR 60557, 70 FR 21153, 70 FR 
42499, 70 FR 44496, 70 FR 49187, 70 FR 51638, 70 FR 71002, 70 FR 71002, 
70 FR 76168, 71 FR 9723), as well as the site specific treatment 
variances from the Land Disposal Restrictions (LDR) treatment standards 
published on August 3, 2005 (70 FR 44505) and February 7, 2006 (71 FR 
6209). 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.

4. EPA Is Not Authorizing Portions of the Uniform Hazardous Waste 
Manifest Rule (70 FR 10776)

    Virginia has adopted the Uniform Hazardous Waste Manifest Rule (70 
FR 10776, March 4, 2005) without exception; however, there are non-
delegable Federal functions addressed in that Rule. Specifically, 
authority must be left with the federal government as set forth in 40 
CFR 262.21, 262.60(e), 263.20(g)(4), 264.71(a)(3), and 265.71(a)(3). In 
its incorporation by reference of 40 CFR Part 263, Virginia 
appropriately does not substitute the term ``U.S. Customs Official'' 
that appears in 40 CFR 263.20(g)(4). As a result, this provision is 
herein included in Virginia's authorized program. However, Virginia 
must make the following modifications to its incorporation by reference 
of 40 CFR parts 262, 264, and 265 in order to clarify that the 
enforcement authority for the non-delegable provisions in those parts 
remains with EPA:
     9 VAC 20-60-262 B must state that, at 40 CFR 262.21 and 
262.60(e), ``EPA'' means the United States Environmental Protection 
Agency, in order to maintain the Federal authority for the EPA Manifest 
Registry functions and the notification requirements for imports of 
hazardous waste;
     9 VAC 20-60-264 B must state that, at 40 CFR 264.71(a)(3), 
``U.S. Environmental Protection Agency'' means the United States 
Environmental Protection Agency, in order to maintain Federal authority 
for the notification requirements for imports of hazardous waste;
     9 VAC 20-60-265 B must state that, at 40 CFR 265.71(a)(3), 
the term ``U.S. Environmental Protection Agency'' means the United 
States Environmental Protection Agency, in order to maintain the 
Federal Authority for the notification requirements for imports of 
hazardous waste.
    Because these provisions have not yet been amended, EPA is not 
authorizing them at this time. EPA will authorize Virginia to 
administer the above regulations after they are modified accordingly.

I. Who Handles Permits After the 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 which EPA issued prior to the

[[Page 18176]]

effective date of this authorization until the timing and process for 
effective transfer to the State are mutually agreed upon. EPA and 
Virginia agree to coordinate the administration of permits in order to 
maintain consistency.
    EPA will not issue any more new permits or new portions of permits 
for the provisions included in this revised authorization 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 
revised program until a later date.

L. Administrative Requirements

    The Office of Management and Budget has exempted this action from 
the requirements of Executive Order 12866 (58 FR 51735, October 4, 
1993), and 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 would 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 Region 3.
    This action will not have substantial direct effects on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government, as specified in Executive Order 13132 (64 FR 
43255, August 10, 1999), because it merely authorizes State 
requirements as part of the State RCRA hazardous waste program without 
altering the relationship or the distribution of power and 
responsibilities established by RCRA. This action also is not subject 
to Executive Order 13045 (62 FR 19885, April 23, 1997), because it is 
not economically significant and it does not make decisions based on 
environmental health or safety risks that may disproportionately affect 
children. This rule is not subject to Executive Order 13211, ``Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use'' (66 FR 28355 (May 22, 2001)) because it is not a 
significant regulatory action under Executive Order 12866.
    Under RCRA 3006(b), EPA grants a State's application for 
authorization as long as the State meets the criteria required by RCRA. 
It would thus be inconsistent with applicable law for EPA, when it 
reviews a State authorization application, to require the use of any 
particular voluntary consensus standard in place of another standard 
that otherwise satisfies the requirements of RCRA. Thus, the 
requirements of section 12(d) of the National Technology Transfer and 
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required 
by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996), 
in issuing this rule, EPA has taken the necessary steps to eliminate 
drafting errors and ambiguity, minimize potential litigation, and 
provide a clear legal standard for affected conduct. EPA has complied 
with Executive Order 12630 (53 FR 8859, March 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.).
    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. Although 
this action is not a ``major rule'' as defined by 5 U.S.C. 804(2), this 
action will be effective June 2, 2008.

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: March 18, 2008.
William T. Wisniewski,
Acting Regional Administrator, EPA Region III.
 [FR Doc. E8-6724 Filed 4-2-08; 8:45 am]

BILLING CODE 6560-50-P
