
[Federal Register Volume 76, Number 178 (Wednesday, September 14, 2011)]
[Proposed Rules]
[Pages 56708-56712]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-23553]



[[Page 56708]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-9464-4]


Ohio: Final Authorization of State Hazardous Waste Management 
Program Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: Ohio has applied to EPA for final authorization of the changes 
to its hazardous waste program under the Resource Conservation and 
Recovery Act (RCRA). EPA has reviewed Ohio's application with regards 
to Federal requirements, and is proposing to authorize the State's 
changes.

DATES: Comments on this proposed rule must be received on or before 
October 14, 2011.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
RCRA-2011-0530 by one of the following methods:
    http://www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    E-mail: westefer.gary@epa.gov.
    Mail: Gary Westefer, Ohio Regulatory Specialist, LR-8J, U.S. EPA, 
Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604.
    Instructions: Direct your comments to Docket ID Number EPA-R05-
RCRA-2011-0530. EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
online at http://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 http://www.regulations.gov or e-mail. The http://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 e-mail comment directly to EPA without 
going through http://www.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, 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 or any form of encryption, and be free of 
any defects or viruses. For additional information about EPA's public 
docket, visit the EPA Docket Center homepage at http://www.epagov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some of the 
information is not publicly available, e.g., CBI or other information 
for which disclosure is restricted by statute. Certain other material, 
such as copyrighted material, will be publicly available only in hard 
copy. Publicly available docket materials are available either 
electronically in http://www.regulations.gov or in hard copy. You may 
view and copy Ohio's application from 9 a.m. to 4 p.m. at the following 
addresses: U.S. EPA Region 5, LR-8J, 77 West Jackson Boulevard, 
Chicago, Illinois, contact: Gary Westefer (312) 886-7450; or Ohio 
Environmental Protection Agency, Lazarus Government Center, 50 West 
Town Street, Suite 700, Columbus, Ohio, contact: Kit Arthur (614) 644-
2932.

FOR FURTHER INFORMATION CONTACT: Gary Westefer, Ohio Regulatory 
Specialist, U.S. EPA Region 5, LR-8J, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 886-7450, e-mail westefer.gary@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 request 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 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 Ohio's application to revise its authorized 
program meets all of the statutory and regulatory requirements 
established by RCRA. Therefore, we propose to grant Ohio final 
authorization to operate its hazardous waste program with the changes 
described in the authorization application. Ohio has responsibility for 
permitting treatment, storage, and disposal facilities (TSDFs) within 
its borders (except in Indian Country) 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 before they are authorized for the 
requirements. Thus, EPA will implement those requirements and 
prohibitions in Ohio, 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, once finalized, is that a facility in 
Ohio subject to RCRA would have to comply with the authorized State 
requirements instead of the equivalent Federal requirements in order to 
comply with RCRA. Ohio has enforcement responsibilities under its State 
hazardous waste program for RCRA violations, but EPA retains its 
authority under RCRA sections 3007, 3008, 3013, and 7003, which 
include, among others, authority to:
    1. Do inspections, and require monitoring, tests, analyses or 
reports;
    2. Enforce RCRA requirements and suspend or revoke permits; and
    3. 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 Ohio is being 
authorized are already effective, and will not be changed by EPA's 
final action.

D. What happens if EPA receives adverse comments on this action?

    If EPA receives adverse comments on this authorization, we will 
address all public comments in a later Federal Register. You may not 
have another opportunity to comment. If you want to comment on this 
authorization, you must do so at this time.

[[Page 56709]]

E. What has Ohio previously been authorized for?

    Ohio initially received final authorization on June 28, 1989, 
effective June 30, 1989 (54 FR 27170) to implement the RCRA hazardous 
waste management program. We granted authorization for changes to their 
program on April 8, 1991, effective June 7, 1991 (56 FR 14203) as 
corrected June 19, 1991, effective August 19, 1991 (56 FR 28088); July 
27, 1995, effective September 25, 1995 (60 FR 38502); October 23, 1996, 
effective December 23, 1996 (61 FR 54950); January 24, 2003, effective 
January 24, 2003 (68 FR 3429); January 20, 2006, effective January 20, 
2006 (71 FR 3220), and October 29, 2007, effective October 29, 2007 (72 
FR 61063).

F. What changes are we proposing with today's action?

    On May 9, 2011, Ohio submitted a final complete program revision 
application, seeking authorization of their changes in accordance with 
40 CFR 271.21. We are now proposing to authorize, subject to receipt of 
written comments that oppose this action, Ohio's hazardous waste 
program revision. We propose to grant Ohio final authorization for the 
following program changes:

                                   Ohio's Analogs to the Federal Requirements
----------------------------------------------------------------------------------------------------------------
      Description of Federal       Federal Register date and page
 requirement  (include checklist        (and/or RCRA statutory               Analogous State authority
       number, if relevant)                  authority)
----------------------------------------------------------------------------------------------------------------
Amendments to Land Disposal        February 27, 1989, 54 FR 8264.  OAC 3745-59-41(A); Effective June 29, 1990.
 Restrictions for First Third
 Scheduled Wastes; Checklist 50.1.
Changes to Part 124 Not Accounted  April 1, 1983, 48 FR 14146....  OAC 3745-50-21; Effective July 14, 1997,
 for by Present Checklists;        June 30, 1983, 48 FR 30113....   amended September 5, 2010.
 Checklist 70.
                                   July 26, 1988, 53 FR 28118....  OAC 3745-50-40; Effective July 14, 1997,
                                                                    amended February 16, 2009.
                                   September 26, 1988, 53 FR       50-39; 50-51; Effective July 14, 1997,
                                    37396.                          amended September 5, 2010.
                                   January 4, 1989, 54 FR 246....
NESHAPS: Final Standards for       May 14, 2001, 66 FR 24270.....  OAC 3745-50-41; Effective February 16, 2009.
 Hazardous Air Pollutants for
 Hazardous Waste Combustors;
 Technical Corrections; Checklist
 188.1.
NESHAPS: Interim Standards for     February 13, 2002, 67 FR 6792.  OAC 3745-50-44; 3745-50-66; 3745-50-235; 3745-
 Hazardous Air Pollutants for                                       57-40; 3745-266-100; Effective February 16,
 Hazardous Waste Combustors                                         2009.
 (Interim Standards Rule);
 Checklist 197.
NESHAPS: Standards for Hazardous   February 14, 2002, 67 FR 6968.  OAC 3745-50-51; 3745-266-100; Effective
 Air Pollutants for Hazardous                                       December 7, 2004.
 Waste Combustors; Final Rule;
 Checklist 198.
Hazardous Waste Management         March 13, 2002, 67 FR 11251...  OAC 3745-51-02; 3745-51-04; 3745-51-24;
 System; Definition of Solid                                        Effective December 7, 2004.
 Waste; Toxicity Characteristic;
 Checklist 199.
NESHAPS: Standards for Hazardous   December 19, 2002, 67 FR 77687  OAC 3745-50-44(C)(7); 3745-50-44(C)(9); 3745-
 Air Pollutants for Hazardous                                       50-62; 3745-50-66; Effective February 16,
 Waste Combustors--Corrections;                                     2009.
 Checklist 202.
Hazardous Waste Management         July 30, 2003, 68 FR 44659....  OAC 3745-51-05; 3745-279-10; 3745-279-74;
 System; Identification and                                         Effective February 16, 2009.
 Listing of Hazardous Waste;
 Recycled Used Oil Management
 Standards; Checklist 203.
Hazardous Waste--Nonwastewaters    February 24, 2005, 70 FR 9138.  OAC 3745-51-04; 3745-51-11; 3745-51-30; 3745-
 From Production of Dyes,                                           51-32; 3745-270-20; 3745-270-40; Effective
 Pigments, and Food, Drug and                                       February 16, 2009.
 Cosmetic Colorants; Mass
 Loadings-Based Listing; Final
 Rule; Checklist 206.
Hazardous Waste--Nonwastewaters    June 16, 2005, 70 FR 35032....  OAC 3745-51-32; Effective February 16, 2009.
 From Production of Dyes,
 Pigments, and Food, Drug and
 Cosmetic Colorants; Mass
 Loadings-Based Listing;
 Correction; Checklist 206.1.
Hazardous Waste Management         March 4, 2005, 70 FR 10776....  OAC 3745-50-10; 3745-51-07; 3745-52-20;
 System, Modification of the                                        3745.52-21; 3745-52-27; 3745-52-32; 3745-52-
 Hazardous Waste Manifest System;                                   33; 3745-52-34; 3745-52-45; 3745-52-60; 3745-
 Final Rule; Checklist 207.                                         53-20; 3745-53-21; 3745-54-70; 3745-54-71;
                                                                    3745-54-72; 3745-54-76; 3745-65-70; 3745-65-
                                                                    71; 3745-65-72; 3745-65-76; Effective
                                                                    February 16, 2009.
Hazardous Waste Management         June 16, 2005, 70 FR 35034....  OAC 3745-52-20; 3745-52-33; Effective
 System, Modification of the                                        February 16, 2009.
 Hazardous Waste Manifest System;
 Correction; Checklist 207.1.

[[Page 56710]]

 
Waste Management System; Testing   June 14, 2005, 70 FR 34538....  OAC 3745-50-11; 3745-50-44(C)(7); 3745-50-
 and Monitoring Activities; Final                                   44(C)(9); 3745-50-62; 3745-50-66; 3745-51-
 Rule: Methods Innovation Rule                                      03; 3745-51-20; 3745-51-21; 3745-51-22; 3745-
 and SW-846 Final Update IIIB;                                      51-35; 3745-51-38; 3745-55-90; 3745-57-14;
 Checklist 208.                                                     3745-66-90; 3745-68-14; 3745-266-100; 3745-
                                                                    266-102; 3745-266-103; 3745-266-106; 3745-
                                                                    266-112; 3745-270-40; 3745-270-48; 3745-279-
                                                                    10; 3745-279-44; 3745-279-53; 3745-279-63;
                                                                    Effective February 16, 2009.
Waste Management System; Testing   August 1, 2005, 70 FR 44150...  OAC 3745-54-98; Effective February 16, 2009.
 and Monitoring Activities; Final
 Rule: Methods Innovation Rule
 and SW-846 Final Update IIIB;
 Correction; Checklist 208.1.
Revision of Wastewater Treatment   October 4, 2005, 70 FR 57769..  OAC 3745-51-03; Effective February 16, 2009.
 Exemptions for Hazardous Waste
 Mixtures (``Headworks
 Exemptions''); Checklist 211.
National Emission Standards for    October 12, 2005, 70 FR 59402.  OAC 3745-50-10; 3745-50-11; 3745-50-44(C)(7);
 Hazardous Air Pollutants: Final                                    3745-50-44(C)(9, 10, 11); 3745-50-51; 3745-
 Standards for Hazardous Air                                        50-62; 3745-50-66; 3745-50-235; 3745-57-40;
 Pollutants for Hazardous Waste                                     3745-68-40; 3745-266-100; Effective February
 Combustors (Phase I Final                                          16, 2009.
 Replacement Standards and Phase
 II); Checklist 212.
Hazardous Waste and Used Oil;      July 14, 2006, 71 FR 40254....  OAC 3745-50-27; 3745-50-28; 3745-50-40; 3745-
 Corrections to Errors in the                                       50-41; 3745-50-42; 3745-50-43; 3745-50-44;
 Code of Federal Regulations;                                       3745-50-45; 3745-50-50; 3745-50-51; 3745-51-
 Checklist 214.                                                     02; 3745-51-03; 3745-51-04; 3745-51-06; 3745-
                                                                    51-11; 3745-51-21; 3745-51-24; 3745-51-30;
                                                                    3745-51-31; 3745-51-32; 3745-51-33; 3745-51-
                                                                    38; 3745-52-34; 3745-52-53; 3745-52-56; 3745-
                                                                    52-58; 3745-52-70; 3745-52-81; 3745-52-82;
                                                                    3745-52-83; 3745-52-84; 3745-52-87; 3745-54-
                                                                    01; 3745-54-13; 3745-54-17; 3745-54-18; 3745-
                                                                    54-73; 3745-54-97; 3745-54-98; 3745-54-99;
                                                                    3745-54-101; 3745-55-11; 3745-55-12; 3745-55-
                                                                    15; 3745-55-16; 3745-55-18; 3745-55-19; 3745-
                                                                    55-40; 3745-55-42; 3745-55-43; 3745-55-45;
                                                                    3745-55-47; 3745-55-51; 3745-55-75; 3745-55-
                                                                    93; 3745-56-21; 3745-56-23; 3745-56-26; 3745-
                                                                    56-51; 3745-56-52; 3745-56-59; 3745-56-80;
                                                                    3745-56-83; 3745-57-03; 3745-57-04; 3745-57-
                                                                    06; 3745-57-14; 3745-57-17; 3745-57-44; 3745-
                                                                    57-72; 3745-57-73; 3745-57-74; 3745-57-75;
                                                                    3745-57-83; 3745-57-90; 3745-57-91; 3745-205-
                                                                    101; 3745-65-01; 3745-65-12; 3745-65-14;
                                                                    3745-65-16; 3745-65-19; 3745-65-56; 3745-65-
                                                                    73; 3745-65-90; 3745-66-10; 3745-66-12; 3745-
                                                                    66-13; 3745-66-17; 3745-66-19; 3745-66-40;
                                                                    3745-66-42; 3745-66-45; 3745-66-47; 3745-66-
                                                                    74; 3745-66-93; 3745-66-94; 3745-66-97; 3745-
                                                                    66-99; 3745-66-101; 3745-67-21; 3745-67-24;
                                                                    3745-67-28; 3745-67-29; 3745-67-55; 3745-67-
                                                                    59; 3745-67-80; 3745-67-81; 3745-68-02; 3745-
                                                                    68-03; 3745-68-05; 3745-68-12; 3745-68-14;
                                                                    3745-68-16; 3745-69-05; 3745-69-41; 3745-69-
                                                                    43; 3745-69-45; 3745-256-100; 3745-256-101;
                                                                    3745-266-70; 3745-266-80; 3745-266-100; 3745-
                                                                    266-102; 3745-266-103; 3745-266-106; 3745-
                                                                    266-107; 3745-266-109; 3745-266-112; 3745-
                                                                    270-02; 3745-270-04; 3745-270-06; 3745-270-
                                                                    07; 3745-270-40; 3745-270-42; 3745-270-44;
                                                                    3745-270-45; 3745-270-48; 3745-270-49; 3745-
                                                                    270-50; 3745-273-09; 3745-273-13; 3745-273-
                                                                    14; 3745-273-34; 3745-279-01; 3745-279-10;
                                                                    3745-279-11; 3745-279-43; 3745-279-44; 3745-
                                                                    279-45; 3745-279-52; 3745-279-55; 3745-279-
                                                                    56; 3745-279-57; 3745-279-59; 3745-279-63;
                                                                    3745-279-64; 3745-279-70; Effective February
                                                                    16, 2009.
----------------------------------------------------------------------------------------------------------------


[[Page 56711]]


                                   Table 2--Equivalent State Initiated Changes
----------------------------------------------------------------------------------------------------------------
                                                                                          Sections affected and
              Ohio amendment                           Description of change                 effective date
----------------------------------------------------------------------------------------------------------------
Rule Review per 119.032...................  ..........................................  OAC 3745-50-31; 3745-50-
                                                                                         47; 3745-54-56; 3745-54-
                                                                                         77 Effective May 13,
                                                                                         2007.
Housekeeping Rules Set I..................  ..........................................  OAC 3745-50-10; 3745-50-
                                                                                         11; 3745-50-40 3745-50-
                                                                                         51; 3745-50-235; 3745-
                                                                                         51-03; 3745-51-04; 3745-
                                                                                         51-05; 3745-51-20; 3745-
                                                                                         51-22; 3745-51-24; 3745-
                                                                                         51-30; 3745-51-35; 3745-
                                                                                         51-38; 3745-52-10; 3745-
                                                                                         52-21; 3745-52-27; 3745-
                                                                                         52-32; 3745-52-33; 3745-
                                                                                         52-34; 3745-52-41; 3745-
                                                                                         52-54; 3745-53-20; 3745-
                                                                                         53-21; 3745-54-18; 3745-
                                                                                         54-71; 3745-54-72; 3745-
                                                                                         54-98; 3745-55-47; 3745-
                                                                                         55-90; 3745-55-99; 3745-
                                                                                         57-14; 3745-57-83; 3745-
                                                                                         57-91; 3745-65-72; 3745-
                                                                                         66-41; 3745-66-90; 3745-
                                                                                         67-73; 3745-68-14; 3745-
                                                                                         68-40; 3745-256-100;
                                                                                         3745-266-80; 3745-266-
                                                                                         103; 3745-266-106; 3745-
                                                                                         270-01; 3745-270-40;
                                                                                         3745-270-48; 3745-279-
                                                                                         44; 3745-279-53; 3745-
                                                                                         279-55; 3745-279-63
                                                                                         Effective February 16,
                                                                                         2009.
----------------------------------------------------------------------------------------------------------------

G. Which revised State rules are different from the Federal rules?

    Ohio has excluded the non-delegable Federal requirements at 40 CFR 
268.5, 268.6, 268.42(b), 268.44, and 270.3. EPA will continue to 
implement those requirements. In this action, because Ohio has not 
received statutory authority for Subparts AA, BB and CC of 40 CFR part 
264, they have not adopted the rules for the 40 CFR subpart BB portion 
in checklist 212 (located in the table above). This will be added at a 
later date. Checklist 214 in the above table appeared in the Federal 
Register on July 14, 2006 (71 FR 40254) as a Federal regulation that 
corrected numerous errors that had appeared in the Code of Federal 
Regulations over several years. Not all of the amendments in the July 
14 Federal Register are reflected in this Ohio rules effective date or 
in the current Authorization Revision Application. Since the July 14 
Federal Register includes several hundred amendments, it was broken 
into several rule-makings in Ohio. This is the first of these rule-
makings. Subsequent rule-makings will address the balance of the 
corrections. A number of these Federal corrections had already been 
made in the State rules, so not all the Federal changes made in the 
July 14 FR resulted or will result in Ohio rule amendments attributable 
to the July 14 FR. Ohio has corrected the errors in the sections cited 
in Checklist 214 above, additional corrections will be noted in future 
Federal Registers as State Initiated Changes to Checklist 214.

H. Who handles permits after the authorization takes effect?

    Ohio 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 we issued prior to the effective date of this authorization until 
they expire or are terminated. We will not issue any more new permits 
or new portions of permits for the provisions listed in the Table above 
after the effective date of this authorization. EPA will continue to 
implement and issue permits for HSWA requirements for which Ohio is not 
yet authorized.

I. How does today's action affect Indian Country (18 U.S.C. 1151) in 
Ohio?

    Ohio is not authorized to carry out its hazardous waste program in 
``Indian Country,'' as defined in 18 U.S.C. 1151. Indian Country 
includes:
    1. All lands within the exterior boundaries of Indian Reservations 
within or abutting the State of Ohio;
    2. Any land held in trust by the U.S. for an Indian tribe; and
    3. Any other land, whether on or off an Indian reservation that 
qualifies as Indian Country.
    Therefore, EPA retains the authority to implement and administer 
the RCRA program in Indian Country.

J. What is codification and is EPA codifying Ohio'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. Ohio's rules, up to and 
including those revised June 7, 1991, as corrected August 19, 1991, 
have previously been codified through the incorporation-by-reference 
effective February 4, 1992 (57 FR 4162) . We reserve the amendment of 
40 CFR part 272, subpart KK for the codification of Ohio's program 
changes until a later date.

K. Statutory and Executive Order Reviews

    This proposed rule only authorizes hazardous waste requirements 
pursuant to RCRA 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 18266: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulations and Regulatory Review

    The Office of Management and Budget has exempted this rule from its 
review under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 
Executive Order 13563 (76 FR 3821 January 21, 2011).

2. Paperwork Reduction Act

    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.).

3. Regulatory Flexibility Act

    This rule authorizes State requirements for the purpose of RCRA 
3006 and imposes no additional requirements beyond those required by 
State law. Accordingly, I certify that this rule 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.).

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 of 1995 (Pub. L. 104-4).

5. Executive Order 13132: Federalism

    Executive Order 13132 (64 FR 43255, August 10, 1999) 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

[[Page 56712]]

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 (65 FR 67249, November 9, 2000) does not 
apply to this rule because it will not have tribal implications (i.e., 
substantial direct effects on one or more Indian tribes, or on the 
relationship between the Federal 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 and Safety Risks

    This rule is not subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997), because it is not economically significant as defined 
in Executive Order 12866 and because the EPA does not have reason to 
believe the environmental health or safety risks addressed by this 
action present a disproportionate risk to children.

8. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This rule is not subject to Executive Order 13211 (66 FR 28355, May 
22, 2001), because it is not a significant regulatory action as defined 
in Executive Order 12866.

9. National Technology Transfer 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 
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 to this rule.

10. Executive Order 12988

    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.

11. Executive Order 12630: Evaluation of Risk and Avoidance of 
Unanticipated Takings

    EPA has complied with Executive Order 12630 (53 FR 8859, March 18, 
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.

12. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low Income Populations

    Because this rule proposes authorization of pre-existing State 
rules 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 (59 FR 7629, February 16, 1994).

13. 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).

List of Subjects in 40 CFR Part 271

    Environmental protection, Administrative practice and procedure, 
Confidential business information, Hazardous materials transportation, 
Hazardous waste, Indians--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: August 28, 2011.
Susan Hedman,
 Regional Administrator, Region 5.
[FR Doc. 2011-23553 Filed 9-13-11; 8:45 am]
BILLING CODE 6560-50-P


