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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[ EPA – R06-RCRA-2009-0343 FRL;  ]

 New Mexico:  Final Authorization of State Hazardous Waste Management
Program Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate final rule.

SUMMARY:   The State of New Mexico has applied to the EPA for final
authorization of changes to its hazardous waste program under the
Resource Conservation and Recovery Act (RCRA).   The EPA has determined
that these changes satisfy all requirements needed to qualify for final
authorization, and is authorizing the State's changes through this
immediate final action. The EPA is publishing this rule to authorize the
changes 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, which oppose this authorization during the
comment period, the decision to authorize New Mexico'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 [insert date 60
days after the date of publication] unless the EPA receives adverse
written comment by [insert date 30 days after the date of publication]. 
 If the 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: patterson.alima@epa.gov.

    3. Mail: Alima Patterson, Region 6, Regional Authorization
Coordinator,  State /Tribal Oversight Section (6PD-O), Multimedia
Planning and Permitting Division, EPA Region 6, 1445 Ross Avenue, Dallas
Texas 75202-2733.

  4.  Hand Delivery or Courier:  Deliver your comments to Alima
Patterson, Region 6, Regional Authorization Coordinator, State /Tribal
Oversight Section (6PD-O), Multimedia Planning and Permitting Division,
EPA Region 6, 1445 Ross Avenue, Dallas Texas 75202-2733.

 4.   Instructions: Do not submit information that you consider to be
CBI or otherwise protected through regulations.gov, or e-mail. The
Federal regulations.gov Web site is an ``anonymous access'' system,
which means the 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 the 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, the 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 the EPA cannot
read your comment due to technical difficulties and cannot contact you
for clarification, the 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
New Mexico’s application and associated publicly available materials
from 8:30 a.m. to 4 p.m. Monday through Friday at the following
locations:  New Mexico Environment Department, 2905 Rodeo Park Drive
East, Building 1, Santa Fe, New Mexico 87505-6303, phone number (505)
476-6035 and EPA, Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733,
phone number  (214) 665-8533.  Interested persons wanting to examine
these documents should make an appointment with the office at least two
weeks in advance. 

FOR FURTHER INFORMATION CONTACT:  Alima Patterson Region 6 Regional
Authorization Coordinator, State /Tribal Oversight Section (6PD-O),
Multimedia Planning and Permitting Division, (214) 665-8533), EPA Region
1445 Ross Avenue, Dallas Texas 75202-2733, and Email address   HYPERLINK
mailto:patterson.alima@epa.gov. patterson.alima@epa.gov .

SUPPLEMENTARY INFORMATION:

A.   Why Are Revisions to State Programs Necessary?

States which 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 266-268, 270, 273, and 279.

B. What Decisions Have We Made in This Rule?

    We conclude that New Mexico's application to revise its authorized
program meets all of the statutory and regulatory requirements
established by RCRA.  Therefore, we grant New Mexico final authorization
to operate its hazardous waste program with the changes described in the
authorization application.  New Mexico has responsibility for permitting
treatment, storage, and disposal facilities 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 the
EPA promulgates under the authority of HSWA take effect in authorized
States before they are authorized for the requirements. Thus, the EPA
will implement those requirements and prohibitions in New Mexico
including issuing permits, until the State is granted authorization to
do so.

C.     What Is the Effect of Today's Authorization Decision?

         The effect of this decision is that a facility in New Mexico
subject to RCRA will now have to comply with the authorized State
requirements instead of the equivalent Federal requirements in order to
comply with RCRA.  New
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●   Do inspections, and require monitoring, tests, analyses, or
reports;    

●   Enforce RCRA requirements and suspend or revoke permits; and    

●   Take enforcement actions regardless of whether New Mexico has
taken its own 

      actions.     

This action does not impose additional requirements on the regulated
community because the regulations for which New Mexico is being
authorized by today's action are already effective under State law, and
are not changed by today's action.

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

         The 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 the EPA Receives Comments That Oppose This
Action?

         If the 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.  The EPA will base any further
decision on the authorization of the State program changes on the
proposal mentioned in the previous paragraph.  We will then address all
public comments in a later final rule. 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 change to the State hazardous waste
program, we will withdraw only that part of this rule, but the
authorization of the program changes that the comments do not oppose
will become effective on the date specified above.  The Federal Register
withdrawal document will specify which part of the authorization will
become effective, and which part is being withdrawn.

F.        For What Has New Mexico Previously Been Authorized?

   The State of New Mexico initially received final authorization on
January 25, 1985, (50 FR 1515) to implement its base hazardous waste
management program.  New Mexico received authorization for revisions to
its program on February 9, 1990 (55 FR 4604) effective April 10, 1990;
March 19, 1990 (55 FR 10076); July 11, 1990 (55 FR 28397) effective July
25, 1990; October 5,1992 (57 FR 45717) effective December 4, 1992; June
9, 1994 (59 FR 29734) effective August 23, 1994; October 7, 1994 (59 FR
51122) effective December 21, 1994; April 25, 1995 (60 FR 20238)
effective July 10, 1995; (61 FR 2450) January 2, 1996; December 23, 1996
(61 FR 67474) effective March 10, 1997 and August 10, 2001 (66 FR 42140)
effective October 9, 2001 and (72 FR 46165) effective October 16, 2007. 
 The authorized New Mexico RCRA program was incorporated by reference to
the CFR, effective December 13, 1993 (58 FR 52677); November 18, 1996
(61 FR 49265); July 13, 1998 (63 FR 23221); effective October 27, 2003,
and March 25, 2009, (74 FR 12625); effective May 26, 2009.   On May 21,
2009 New Mexico submitted a final complete program revision application
seeking authorization of its program revision in accordance with 40 CFR
271.21.         

New Mexico statutes provide authority for the NMED to administer the
provisions of the State Hazardous Waste Management Program (HWMP).  The
New Mexico Environmental Improvement Act (EIA), NMSA 1978, Sections
74-1-1 through 74-1-14 and the New Mexico Hazardous Waste Act (HWA)
provide this authority.  No amendments have been made to the EIA or HWA
that affect the ability of the NMED to administer the HWMP.  The NMED is
the sole agency responsible for the HWMP.

The NMED petitioned the New Mexico Environmental Improvement Board (EIB)
to amend the HWMR, 20.4.1 for the EPA Federal rules promulgated from
July 1, 2002, through July 1, 2008.  The EIB adopted the amendments to
the Hazardous Waste Management Regulations (HWMR) on November 3, 2008,
and these amendments became permanent rules effective March 1, 2009.

  Thus, 20.4.1 NMAC provides equivalent and no less stringent authority
than the adoption of Federal RCRA Subtitle C program in effect through
July 1, 2008.  This is the version that is referred to in the Attorney
General’s Statement and Certification submitted with this program
revision.  The 20 NMAC 4.1 became effective on March 1, 2009.  New
Mexico Statutes Annotated (NMAC) 1978 Sections 74-4-4A(1) and 74-4-4F
(2002) provides New Mexico with authority to adopt Federal regulations
by reference with exceptions to federal rules that are not delegated to
the State of New Mexico.  Since the latest authorization the scope,
structure, coverage, and processes have not materially changed.  

New Mexico, through the HWMR, has incorporated by reference the
following federal RCRA regulations as amended through July 1, 2008: 40
CFR parts 260-270, 40 CFR Part 270; 40 CFR Part 273; and 40 CFR Part 279
with the exception of 40 CFR §§ 260.1(b)(6), 260.20, 260.22,
260.30,260.31, 260.32, 260.33, 263.20(e), 264.1(f), 264.149, 264.150,
264.301(l), 264.1030(d), 264.1050(g), 264.1080(e), 264.1080(f),
264.1080(g), 265.1(c)(4), 265.149, 265.150, 265.1030(c), 265.1050(f),
265.1080(e), 265.1080(f), 265.1080(g); 268.5, 268.6, 268.42(b),
268.44(a) through (g).  New Mexico has incorporated by reference 40 CFR
Part 124, sections 124.31, 124.32, and 124.33 with exception to 40 CFR
parts 124.1 and 124.2.  Also, it has adopted regulations at 20.4.1.901
NMAC, Permitting Procedures, that are equivalent to and no less
stringent than the procedures of 40 CFR part 124 and required by 40 CFR
Part 271.14.

The State of New Mexico has added regulations 20.4.1.1001.A(1), A(3), &
.D   requirements for aerosol cans as universal waste.  An EPA memo
dated February 13, 1997 (from Mike Shapiro to Senior RCRA Policy
Managers in the EPA Regions), indicates that States that are already
authorized for the universal waste rule may add additional wastes that
meet the criteria for universal waste to their program.  Such state-only
wastes may be recognized as part of the State’s authorized program;
therefore, EPA Region 6 has determined that the State’s aerosol can
provisions can be recognized as part of the State’s authorized
program.  

        

 20.4.1.1001.C – New Mexico has adopted an extensive revision to their
universal waste program which would allow the intentional breaking and
crushing of universal waste lamps in order to reduce their volume to
facilitate management or transport to destination facilities.  The
State’s regulations also include specific requirements with which the
regulated community must comply.  Further analysis will be performed to
determine if the breaking and crushing of universal waste lamps will be
authorized as part of the State’s authorized program. Therefore, the
EPA has determined that these requirements are not part of the State’s
authorized program. The lamp crushing provisions are excluded from this
authorization. 

 

   Performance Track (Non-HSWA) (Revision Checklist 204; 69 FR 21737,
4/24/04, as amended at 69 FR 62217, 10/24/04).  In New Mexico’s
Program Revision Application package for RCRA Clusters XIII through
XVIII, the State indicates that it is seeking authorization for the
Performance Track program, as addressed by Revision Checklist 204. 
However, on March 16, 2009, EPA announced its intention to halt and
review the National Performance Track Program.  Therefore, EPA Region 6
has decided to exclude this rule from this authorization document.  The
EPA is also excluding from this authorization document, the specific
Performance Track provisions addressed by the Burden Reduction
Initiative Rule (71 FR 16862; 04/04/06; Revision Checklist 213).

G.  What changes are We Authorizing with Today’s Action?

     On May 21, 2009, New Mexico submitted a final complete program
revision application, seeking authorization of their changes in
accordance with 40 CFR 271.21.  We now make an immediate final decision,
subject to receipt of written comments that oppose this action, that New
Mexico’s hazardous waste program revision satisfies all of the
requirements necessary to qualify for Final authorization.  Therefore,
we grant the State of New Mexico Final authorization for the following
changes:  The State of New Mexico’s program revisions consist of
regulations which specifically govern Federal Hazardous Waste revisions
promulgated from July 1, 2002 through July 1, 2008 (RCRA Clusters
XIII-XVIII).  The State of New Mexico requirements are included in a
chart with this document.

Description of federal requirement (include checklist #, if relevant)
Federal Register date and page (and/or RCRA statutory authority
Analogous state authority

1. Zinc Fertilizer Rule.  (Checklist 200).

	67 FR 48393-48415 July 24, 2002.

	New Mexico Statute Annotated (NMSA) 1978, Section 74-4-1. Hazardous
Waste Regulations (HWMR), New Mexico Environmental Improvement Board, 20
NMAC, 20.4.1. 200, 20.4.1.700, and 20.4.1.800 as amended November 3,
2008, effective March 1, 2009.



2. Treatment Variance for Radioactively Contaminated Batteries. 
(Checklist 201).

	67 FR 62618-62624 October 7, 2002.

	New Mexico Statute Annotated (NMSA) 1978, Section 74-4-1.  Hazardous
Waste Regulations (HWMR), New Mexico Environmental Improvement Board, 20
NMAC, 20.4.1.800, as amended November 3, 2008, effective March 1, 2009. 



3.  Hazardous Air Pollutant Standards for Combustors-Corrections 2. 
(Checklist 202).

	67 Fr 77687-77692 December 19, 2002.	New Mexico Statute Annotated
(NMSA) 1978, Section 74-4-1.  Hazardous Waste Regulations

(HWMR), New Mexico Environmental Improvement Board, 20 NMAC, 20.4.1.
900, as amended November 3, 2008, effective March 1, 2009.



4.  Recycled Used Oil Management Standards; Clarification.  (Checklist
203).

	68 FR 44659-44665 July 30, 2003.	New Mexico Statute Annotated (NMSA)
1978,  Sections74-4-1.  Hazardous Waste Regulations (HWMR), New Mexico
Environmental Improvement Board, 20 NMAC, 20.4.1.200 and 20.4.1.1002, as
amended November 3, 2008, effective March 1, 2009.

5.  NESHAP: Surface Coating of Automobiles and Light-Duty Trucks. 
(Checklist 205).

	69 FR 22601-22661 April 26, 2004.	New Mexico Statute Annotated (NMSA)
1978,  Section 74-4-1.  Hazardous Waste Regulations (HWMR), New Mexico
Environmental Improvement Board, 20 NMAC, 20.4.1.500 and 20.4.1.600, as
amended November 3, 2008, effective March 1, 2009.



6.  Nonwastewaters from Dyes and Pigments.  (Checklist 206).

	70 FR 9138-9180 February 24, 2005.	New Mexico Statute Annotated (NMSA)
1978,  Section 74-4-1.  Hazardous Waste Regulations (HWMR), New Mexico
Environmental Improvement Board, 20 NMAC, 20.4.1.200 and 20.4.1.800, as
amended November 3, 2008, effective March 1, 2009.



7.  Uniform Hazardous Waste Manifest Rule.  (Checklist 207).

	70 FR 10776-10825 March 4, 2005.	New Mexico Statute Annotated (NMSA)
1978, Section 74-4-1. Hazardous Waste Regulations (HWMR), New Mexico
Environmental Improvement Board, 20 NMAC, 20.4.1.100, 20.4.1.200,
20.4.1.300, 20.4.1.400, 20.4.1.500, and 20.4.1.600, as amended November
3, 2008, effective March 1, 2009.



8. Methods Innovation Rule and SW-846 Final Update IIIB.  (Checklist
208).

	70 FR 34538-34592 June 14, 2005.	New Mexico Statute Annotated (NMSA)
1978, Section 74-4-1.  Hazardous Waste Regulations (HWMR), New Mexico
Environmental Improvement Board, 20 NMAC, 20.4.1.100, 20.4.1.200,
20.4.1.500, 20.4.1.600, 20.4.1.700, 20.4.1.800, 20.4.1.900 and
20.4.1.1002, as amended November 3, 2008, effective March 1, 2009.



9.  Universal Waste Rule: Specific Provisions for Mercury Containing
Equipment.  (Checklist 209).

	70 FR 45508-45522 August 5, 2005.	New Mexico Statute Annotated (NMSA)
1978, Section 74-4-1.  Hazardous Waste Regulations (HWMR), New Mexico
Environmental Improvement Board, 20 NMAC, 20.4.1.100, 20.4.1.200,
20.4.1.500, 20.4.1.600.4.1.800, 20.4.1.900, and 20.4.1.1000, as amended
November 3, 2008, effective March 1, 2009.



10.  Revisions of Wastewater Treatment Exemptions for Hazardous Waste
Mixture (“Headworks exemptions”).

(Checklist 211)

	70 FR 57769-57785 October 4, 2005.	New Mexico Statute Annotated (NMSA)
1978, Section 74-4-1.  Hazardous Waste Regulations (HWMR), New Mexico
Environmental Improvement Board, 20 NMAC, 20.4.1.200, as amended
November 3, 2008, effective March 1, 2009.



11.  NESHAP:  Final Standards for Hazardous Waste Combustors (Phase I
Final Replacement Standards and Phase II).  (Checklist 212).

	70 FR 59402-59579 October 12, 2005.	New Mexico Statute Annotated (NMSA)
1978, Section 74-4-1.  Hazardous Waste Regulations (HWMR), New Mexico
Environmental Improvement Board, 20 NMAC, 20.4.1.100, 20.4.1.500,
20.4.1.600, 20.4.1.700, and  20.4.1.900, as amended November 3, 2008,
effective March 1, 2009.



12.   Burden Reduction Initiative.  (Checklist 213).

	71 FR 16862-16915 April 4, 2006.	New Mexico Statute Annotated (NMSA)
1978, Section 74-4-1.  Hazardous Waste Regulations (HWMR), New Mexico
Environmental Improvement Board, 20 NMAC, 20.4.1.100, 20.4.1.200,
20.4.1.500, 20.4.1.501 (except .501.A(2)), 20.4.1.600, 20.4.1.601,
20.4.1.700, 20.4.1.701, 20.4.1.800, and 20.4.1.902, as amended November
3, 2008, effective March 1, 2009.

Note:  As discussed in Section F, the EPA is excluding from this
authorization the Performance Track provisions addressed by this final
rule.

13. Corrections to Errors in the Code of Federal Regulations. 
(Checklist 214).

	71 FR 40254-40280 July 14, 2006.	New Mexico Statute Annotated (NMSA)
1978, Sections 74-4-1. Hazardous Waste Regulations (HWMR), New Mexico
Environmental Improvement Board, 20 NMAC, 20.4.1.100, 20.4.1.200,
20.4.1.300, 20.4.1.500, 20.4.1.600, 20.4.1.601, 20.4.1.700, 20.4.1.800,
20.4.1.900 20.4.1.1000 and 20.4.1.1002 as amended November 3, 2008,
effective March 1, 2009.



14. Cathode Ray Tubes Rule. (Checklist 215).

	71 FR 42928-42949 July 28, 2006.	New Mexico Statute Annotated (NMSA)
1978, Section 74-4-1. Hazardous Waste Regulations (HWMR), New Mexico
Environmental Improvement Board, 20 NMAC, 20.4.1.100, and 20.4.1.200, as
amended November 3, 2008, effective March 1, 2009.



15.   Exclusion of Oil-Bearing Secondary Materials Processed in a
Gasification System to Produce Synthesis.  (Checklist 216).

	73 FR 57-72 January 2, 2008.	New Mexico Statute Annotated (NMSA) 1978,
Section 74-4-1. Hazardous Waste Regulations (HWMR), New Mexico
Environmental Improvement Board, 20 NMAC, 20.4.1.100, and 20.4.1.200, as
amended November 3, 2008, effective March 1, 2009.



16.  NESHAP: Final Standards for Hazardous Waste Combustors (Phase I
Final Replacement Standards and Phase II) Amendments.  (Checklist 217).

	73 FR 18970-18984 April 8, 2008.	New Mexico Statute Annotated (NMSA)
1978, Section 74-4-1. Hazardous Waste Regulations (HWMR), New Mexico
Environmental Improvement Board, 20 NMAC, 20.4.1.500, as amended
November 3, 2008, effective March 1, 2009.



17.  F019 Exemption for Wastewater Treatment Sludges from Auto
Manufacturing Zinc Phosphating Processes.  (Checklist 218).

	73 FR 31756-31769 June 4, 2008.	New Mexico Statute Annotated (NMSA)
1978, Section 74-4-1. Hazardous Waste Regulations (HWMR), New Mexico
Environmental Improvement Board, 20 NMAC, 20.4.1.200, as amended
November 3, 2008, effective March 1, 2009.





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

	 The State of New Mexico more stringent regulations are at Sections
20.4.1.701 and 20.4.1.902.  The State’s more stringent regulations
corresponds to Federal regulations 40 CFR 266.102(e)(10) and 270.14(a). 
There are no broader in scope provisions in this authorization document.

I.      Who Handles Permits After the Authorization Takes Effect?

	 New Mexico will issue permits for all the provisions for which it is
authorized and will administer the permits it issues.  The 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. We will not issue any more new permits or new portions of
permits for the provisions listed in the Table in this document after
the effective date of this authorization.  The EPA will continue to
implement and issue permits for HSWA requirements for which New Mexico
is not yet authorized.

J.      What Is Codification and Is the EPA Codifying New Mexico'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 CFR.  We do this by referencing the authorized State rules in
40 CFR parts 272.  We reserve the amendment of 40 CFR parts 272; subpart
GG for this authorization of New Mexico's program changes until a later
date.  In this authorization application the EPA is not codifying the
rules documented in this Federal Register notice. 

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 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
preexisting requirements under State law and does not impose any
additional enforceable duty beyond that required by State law, it does
not contain any unfunded mandate or significantly or uniquely affect
small governments, as described in the Unfunded Mandates Reform Act of
1995 (Pub. L. 104-4).  For the same reason, this action also does not
significantly or uniquely affect the communities of Tribal governments,
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). 
This action will not have substantial direct effects on the States, on
the relationship between the national government and the States, or on
the distribution of power and responsibilities among the various levels
of government, as specified in Executive Order 13132 (64 FR 43255,
August 10, 1999), because it merely authorizes State requirements as
part of the State RCRA hazardous waste program without altering the
relationship or the distribution of power and responsibilities
established by RCRA.  This action also is not subject to Executive Order
13045 (62 FR 19885, April 23, 1997), because it is not economically
significant and it does not make decisions based on environmental health
or safety risks.  This rule is not subject to Executive Order
13211,”Actions Concerning Regulations 

That Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355 (May 22, 2001) because it is not a significant regulatory action
under Executive Order 12866.

            Under RCRA 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
issuing this rule, 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 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 a rule must submit a report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States.  The EPA will submit a report containing
this document and other required information to the U.S. Senate, the
U.S. House of Representatives, and the Comptroller General of the United
States prior to publication in the Federal Register.  A major rule
cannot take effect until 60 days after it is published in the Federal
Register.  

This action is not a ``major rule'' as defined by 5 U.S.C. 804(2).  This
action will be effective [insert date 60 days after publication in the
Federal -Register]. 

List of Subjects in 40 CFR Parts 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
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