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ENVIRONMENTAL PROTECTION AGENCY

Environmental Protection Agency

CFR Citation: 40 CFR Part 271

FRL ID: [FRL-7465-8]

NOTICE: RULES

ACTION: Hazardous waste program authorizations:

DOCUMENT ACTION: Immediate final rule.

SUBJECT CATEGORY: Virginia: Final Authorization of State Hazardous Waste Management Program Revision

DATES: This final authorization will become effective on May 12, 2003, unless EPA receives adverse written comment by April 14, 2003. If EPA receives any such comment, it will publish a timely withdrawal of this immediate final rule in the Federal Register and inform the public that this authorization will not take effect as scheduled.

DOCUMENT SUMMARY: Virginia has applied to EPA for final authorization of changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). EPA has determined that these changes satisfy all requirements needed to qualify for final authorization and is authorizing Virginia's changes through this immediate final action. 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 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.

SUMMARY: Virginia,

SUPPLEMENTAL 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
[[Page 11982]]
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 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 Has EPA Made in This Rule?

EPA concludes that Virginia's application to revise its authorized program meets all of the statutory and regulatory requirements established by RCRA. Therefore, we grant Virginia final authorization to operate its hazardous waste program with the changes described in its application for program revisions. Virginia has responsibility for permitting treatment, storage, and disposal facilities (TSDFs) within its borders and for carrying out the aspects of the RCRA program described in its application, subject to the limitations of the Hazardous and Solid Waste Amendments of 1984 (HSWA). New Federal requirements and prohibitions imposed by Federal regulations that EPA promulgates under the authority of HSWA take effect in authorized States before they are authorized for the requirements. Thus, EPA will implement those HSWA requirements and prohibitions in Virginia, including issuing HSWA 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 Virginia subject to RCRA will now have to comply with the authorized Virginia regulatory revisions instead of the equivalent revised Federal requirements in order to comply with RCRA. Virginia has enforcement responsibilities under its state hazardous waste program for violations of its program, but EPA retains its authority under RCRA sections 3007, 3008, 3013, and 7003, which include, among others, authority to:
[sbull] Perform inspections, and require monitoring, tests, analyses or reports;
[sbull] Enforce RCRA requirements and suspend or revoke permits; and
[sbull] Take enforcement actions regardless of whether Virginia has taken its own actions.

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 Today's Rule?

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

F. What Has Virginia Previously Been Authorized for?

Virginia initially received final authorization on December 4, 1984, effective December 18, 1984 (49 FR 47391), to implement the RCRA hazardous waste management program. EPA granted authorization for changes to Virginia's regulatory program on July 31, 2000, effective September 29, 2000 (65 FR 46606).

G. What Changes Are We Authorizing With Today's Action?

On September 24, 2002, Virginia submitted a final complete program revision application, seeking authorization of its changes in accordance with 40 CFR 271.21. Virginia's revision application includes changes to the Federal hazardous waste program, as published in the Federal Register from December 6, 1994 through June 30, 2001, as well as miscellaneous changes to its previouslyauthorized program. We now make an immediate final decision, subject to receipt of written comments that oppose this action, that Virginia's hazardous waste program revision satisfies all of the requirements necessary to qualify for final authorization. Therefore, EPA grants Virginia final authorization for the following program changes:
1. Program Revision Changes for Federal Rules Published Between December 20, 1994 and June 30, 2001

Virginia seeks authority to administer the Federal requirements that are listed in Table 1. Except as noted in the Table, Virginia incorporates by reference these Federal provisions, in accordance with the dates specified in Title 9, Virginia Administrative Code (9 VAC 20 6018). Table 1 lists Virginia's requirements that are being recognized as no less stringent than the analogous Federal requirements. The Virginia Waste Management Act (VWMA), enacted by the 1986 session of the Virginia's General Assembly and recodified in 1988 as Chapter 14, Title 10.1, Code of Virginia, forms the basis of the Virginia program. The regulatory references are to Title 9, Virginia Administrative Code (9 VAC) effective November 21, 2001.
Table 1.Virginia's Analogs to the Federal Requirements Description of Federal
requirement (Revision checklists Federal Register Analogous Virginia \1\) authority RCRA Cluster V \2\
Universal Treatment Standards 60 FR 242, 1/3/95. Title 9, Virginia and Treatment Standards for Administrative Organic Characteristic Wastes Code (9 VAC) Sec. and Newly Listed Waste Sec. 206018 (Revision Checklist 137). and 2060268 A Testing and Monitoring 60 FR 3089, 1/13/ 9 VAC Sec. Sec. Activities Amendment I 95. 206018 and 20 (Revision Checklist 139). 60260 A [[Page 11983]]
Carbamate Production 60 FR 7824, 2/9/95 9 VAC Sec. Sec. Identification and Listing of 60 FR 19165, 4/17/ 206018 and 20 Hazardous Waste (Revision 95. 60261 A Checklist 140). 60 FR 25619, 5/12/
95.
Testing and Monitoring 60 FR 17001, 4/4/ 9 VAC Sec. Sec. Activities Amendment II 95. 206018 and 20 (Revision Checklist 141). 60260 A Removal of Legally Obsolete 60 FR 33912, 6/29/ 9 VAC Sec. Sec. Rules (Revision Checklist 144). 95. 206018, 2060 261 A, 2060266 A and 2060270 A RCRA Cluster VI
Liquids in Landfills III 60 FR 35703, 7/11/ 9 VAC Sec. Sec. (Revision Checklist 145). 95. 206018, 2060 264 A and 2060 265 A RCRA Expanded Public 60 FR 63417, 12/11/ 9 VAC Sec. Sec. Participation (Revision 95. 206018, 2060 Checklist 148). 124 A and 2060 270 A Recovered Oil Exclusion, 61 FR 13103, 3/26/ 9 VAC Sec. Sec. Correction (Revision Checklist 96. 206018 and 20 150). 60261 A Land Disposal Restrictions Phase 61 FR 15566, 4/8/ 9 VAC Sec. Sec. IIIDecharacterized 96. 206018 and 20 Wastewaters, Carbamate Wastes, 61 FR 15660, 4/8/ 60268 A and Spent Potliners (Revision 96.
Checklist 151). 61 FR 19117, 4/30/
96.
61 FR 33680, 6/28/
96.
61 FR 36419, 7/10/
96.
61 FR 43924, 8/26/
96.
62 FR 7502, 2/19/
97.
RCRA Cluster VII
Conditionally Exempt Small 61 FR 34252, 7/1/ 9 VAC Sec. Sec. Quantity Generator Disposal 96. 206018 and 20 Options Under Subtitle D 60261 A (Revision Checklist 153).
Organic Air Emission Standards 59 FR 62896, 12/6/ 9 VAC Sec. Sec. for Tanks, Surface 94. 206018, 2060 Impoundments, and Containers 60 FR 26828, 5/19/ 260 A, 2060261 (Revision Checklist 154). 95. A, 2060262 A, 60 FR 50426, 9/29/ 2060264 A, 20 95. 60265 A and 20 60 FR 56952, 11/13/ 60270 A 95.
61 FR 4903, 2/9/96
61 FR 28508, 6/5/
96.
61 FR 59932, 11/25/
96.
Land Disposal Restrictions Phase 62 FR 1992, 1/14/ 9 VAC Sec. Sec. IIIEmergency Extension of the 97. 206018 and 20 K088 Capacity Variance 60268 A (Revision Checklist 155).
Military Munitions Rule 62 FR 6622, 2/12/ 9 VAC Sec. Sec. (Revision Checklist 156). 97. 206018, 2060 260 A, 2060261 A, 2060262 A, 2060263 A, 20 60264 A, 2060 265 A, 2060266 A and 2060270 A Land Disposal Restrictions 62 FR 25998, 5/12/ 9 VAC Sec. Sec. Phase IV (Revision Checklist 97. 206018, 2060 157). 261 A and 2060 268 A Testing and Monitoring 62 FR 32452, 6/13/ 9 VAC Sec. Sec. Activities Amendment III 97. 206018, 2060 (Revision Checklist 158). 260 A, 2060264 A, 2060265 A and 2060266 A Carbamate Production, 62 FR 32974, 6/17/ 9 VAC Sec. Sec. Identification and Listing of 97. 206018, 2060 Hazardous Waste; Land Disposal 261 A and 2060 Restrictions (Conformance With 268 A the Carbamate Vacatur)
(Revision Checklist 159).
RCRA Cluster VIII
Land Disposal Restrictions Phase 62 FR 37694, 7/14/ 9 VAC Sec. Sec. IIIEmergency Extension of the 97. 206018 and 20 K088 National Capacity Variance 60268 A (Revision Checklist 160).
Second Emergency Revision of the 62 FR 45568, 8/28/ 9 VAC Sec. Sec. Land Disposal Restrictions 97. 206018 and 20 (LDR) Treatment Standards for 60268 A Listed Hazardous Wastes From
Carbamate Production (Revision
Checklist 161).
Clarification of Standards for 62 FR 64504, 12/5/ 9 VAC Sec. Sec. Hazardous Waste Land Disposal 97. 206018 and 20 Restriction Treatment Variances 60268 A (Revision Checklist 162).
Organic Air Emission Standards 62 FR 64636, 12/8/ 9 VAC Sec. Sec. for Tanks, Surface 97. 206018, 2060 Impoundments, and Containers 264 A, 2060265 (Revision Checklist 163). A and 2060270 A Kraft Mill Stream Stripper 63 FR 18504, 4/15/ 9 VAC Sec. Sec. Condensate Exclusion (Revision 98. 206018 and 20 Checklist 164). 60261 A LDR Phase IVTreatment 63 FR 28556, 5/26/ 9 VAC Sec. Sec. Standards for Metal Wastes and 98. 206018 and 20 Mineral Processing Wastes 60268 A (Revision Checklist 167A).
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LDR Phase IVHazardous Soils 63 FR 28556, 5/26/ 9 VAC Sec. Sec. Treatment Standards and 98. 206018 and 20 Exclusions (Revision Checklist 60268 A 167B).
167CLDR Phase IVCorrections 63 FR 28556, 5/26/ 9 VAC Sec. Sec. (Revision Checklist 167C). 98. 206018 and 20 63 FR 31266, 6/8/ 60268 A 98.
Mineral Processing Secondary 63 FR 28556, 5/26/ 9 VAC Sec. 2060 Materials Exclusion (Revision 98. 18 and 2060261 Checklist 167D). A
Bevill Exclusion Revisions and 63 FR 28556, 5/26/ 9 VAC Sec. Sec. Clarification (Revision 98. 206018 and 20 Checklist 167E). 60261 A Hazardous Waste Combustors 63 FR 33782, 6/19/ 9 VAC Sec. 2060 Revised Standards (Revision 98. 18, 2060261 A Checklist 168). and 2060270 A RCRA Cluster IX
Petroleum Refining Process 63 FR 42110, 8/6/ 9 VAC Sec. Sec. Wastes (Revision Checklist 169). 98. 206018, 2060 63 FR 54356, 10/9/ 261 A, 2060266 98. A and 2060268 A Land Disposal Restrictions Phase 63 FR 46332, 8/31/ 9 VAC Sec. Sec. IVZinc Micronutrient 98. 206018 and 20 Fertilizers, Administrative 60268 A Stay (Revision Checklist 170).
Emergency Revision of the Land 63 FR 47410, 9/4/ 9 VAC Sec. Sec. Disposal Restrictions (LDR) 98. 206018 and 20 Treatment Standards for Listed 60268 A Hazardous Wastes from Carbamate
Production (Revision Checklist
171).
Land Disposal Restrictions Phase 63 FR 48124, 9/9/ 9 VAC Sec. Sec. IVExtension of Compliance 98. 206018 and 20 Date for Characteristic Slags 60268 A (Revision Checklist 172).
Land Disposal Restrictions; 63 FR 51254, 9/24/ 9 VAC Sec. Sec. Treatment Standards for Spent 98. 206018 and 20 Potliners from Primary Aluminum 60268 A Reduction (K088); Final Rule
(Revision Checklist 173).
PostClosure Requirements and 63 FR 56710, 10/22/ 9 VAC Sec. Sec. Closure Process (Revision 98. 206018, 2060 Checklist 174). 264 A, 2060265 A and 2060270 A HWIRMedia (Revision Checklist 63 FR 65874, 11/30/ 9 VAC Sec. Sec. 175). 98. 206018, 2060 260 A, 2060261 A, 2060264 A, 2060265 A, 20 60268 A, 2060 270 A and 2060 270 B 14 Note: At 9 VAC 20 60270 B 14, Virginia clarifies that the EPA appeal rights and procedures related to remedial action plan (RAP), as specified in 40 CFR 270.155, are not incorporated into the Virginia regulations. Appeals of actions related to RAPs are governed by Virginia's Administrative Process Act, Title 2.2, Chapter 40, Sec. Sec. 2.24000 through 2.24033, Code of Virginia. Universal Waste RuleTechnical 63 FR 71225, 12/24/ 9 VAC Sec. 2060 Amendments (Revision Checklist 98. 18, 2060266 A 176). and 2060273 A Organic Air Emission Standards: 64 FR 3382, 1/21/ 9 VAC Sec. Sec. Clarification and Technical 99. 206018, 2060 Amendments (Revision Checklist 262 A, 2060264 177). A and 2060265 A Petroleum Refining Process 64 FR 6806, 2/11/ 9 VAC Sec. Sec. WastesLeachate Exemption 99. 206018 and 20 (Revision Checklist 178). 60261 A Land Disposal Restrictions Phase 64 FR 25408, 5/11/ 9 VAC Sec. Sec. IVTechnical Corrections and 99. 206018, 2060 Clarifications to Treatment 261 A, 2060262 Standards (Revision Checklist A and 2060268 A 179).
Test Procedures for the Analysis 64 FR 26315, 5/14/ 9 VAC Sec. Sec. of Oil and Grease and NonPolar 99. 206018 and 20 Material (Revision Checklist 60260 A 180).
RCRA Cluster X
Universal Waste Rule: Specific 64 FR 36466, 7/6/ 9 VAC Sec. Sec. Provisions for Hazardous Waste 99. 206018, 2060 Lamps (Revision Checklist 181). 260 A, 2060261 A, 2060264 A, 2060265 A, 20 60268 A, 2060 270 A, 2060273 A, and 2060273 B.3.a Hazardous Air Pollutant 64 FR 52828, 9/30/ 9 VAC Sec. Sec. Standards for Combustors, 99. 206018, 2060 Miscellaneous Units, and 64 FR 63209, 11/19/ 260 A, 2060261 Secondary Lead Smelters; 99. A, 2060264 A, Clarification of BIF 2060265 A, 20 Requirements; Technical 60266 A and 20 Correction to Fasttrack Rule 60270 A (Revision Checklist 182).
Land Disposal Restrictions Phase 64 FR 56469, 10/20/ 9 VAC Sec. Sec. IVTechnical Corrections 99. 206018, 2060 (Revision Checklist 183). 261 A, 2060262 A and 2060268 A Accumulation Time for Waste 65 FR 12378, 3/8/ 9 VAC Sec. Sec. Water Treatment Sludges 00. 206018 and 20 (Revision Checklist 184). 60262 A Vacatur of Organobromine 65 FR 14472, 3/17/ 9 VAC Sec. Sec. Production Waste Listings 00. 206018, 2060 (Revision Checklist 185). 261 A and 2060 268 A [[Page 11985]]
Petroleum Refining Process 65 FR 36365, 6/8/ 9 VAC Sec. Sec. WastesClarification (Revision 00. 206018, 2060 Checklist 187). 261 A and 2060 268 A RCRA Cluster XI
Hazardous Air Pollutant 65 FR 42292, 7/10/ 9 VAC Sec. Sec. Standards; Technical 00. 206018, 2060 corrections (Revision Checklist 66 FR 24270, 5/14/ 261 A, 2060264 188). 01. A and 2060270 A Chlorinated Aliphatics Listing 65 FR 67068, 11/8/ 9 VAC Sec. Sec. and LDRs for Newly Identified 00. 206018, 2060 Wastes (Revision Checklist 189). 261 A and 2060 268 A Land Disposal Restrictions Phase 65 FR 81373, 12/26/ 9 VAC Sec. Sec. IVDeferral for PCBs in Soil 00. 206018 and 20 (Revision Checklist 190). 60268 A Mixed Waste Rule (Revision 66 FR 27218, 5/16/ 9 VAC Sec. Sec. Checklist 191). 01. 206018 and 20 60266 A Mixture and DerivedFrom Rules 66 FR 27266, 5/16/ 9 VAC Sec. Sec. Revisions (Revision Checklist 01. 206018 and 20 192A). 60261 A Land Disposal Restrictions 66 FR 27266, 5/16/ 9 VAC Sec. Sec. Correction (Revision Checklist 01. 206018 and 20 192B). 60268 A Change of Official EPA Mailing 66 FR 34374, 6/28/ 9 VAC Sec. Sec. Address (Revision Checklist 01. 206018 and 20 193). 60260 A PROJECT XL
Project XL SiteSpecific 62 FR 59621, 10/8/ 9 VAC Sec. Sec. Rulemaking for Merck & Co., 97. 206018, 2060 Inc., Stonewall Plant, Elkton, 264 and 2060265 VA. A
\1\ A Revision Checklist is a document that addresses the specific changes 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 promulgated between July 1 and June 30 of any given year. 2. Additional Requirements for Universal Waste Handlers of Hazardous Waste Lamps

In the preamble of the July 6, 1999 Universal Waste Rule for hazardous waste lamps (64 FR 36466 et seq.), EPA stated that the Agency will consider authorization of State programs that include provisions for controlling the treatment or crushing of universal waste lamps, if the State program can be shown to be equivalent to the Federal prohibition (see p. 36478, column 1). Virginia has adopted and is seeking authorization for requirements at 9 VAC sections 2060 273.B.3.b and 2060273.B.3.c which allow universal waste handlers to crush universal waste lamps at the site of generation in order to reduce their volume before transportation. Virginia's lamp crushing regulations include technical requirements for controlling emissions of hazardous constituents to levels established by the Federal Occupational Safety and Health Administration (OSHA), and specific operational recordkeeping requirements. EPA has reviewed Virginia's universal waste lamp regulations and has determined that the State's requirements are at least as protective as, and therefore equivalent to, the Federal prohibition on the treatment of universal waste lamps. Therefore, EPA grants Virginia final authorization for its universal waste lamp regulations, which provide for lamp crushing.

3. Miscellaneous Changes

In addition to adopting Federal program revisions by means of updating the effective date of the incorporation by reference of the Code of Federal Regulations to July 1, 2001, Virginia has made various additional regulatory revisions since its first program revision application. Virginia is seeking authorization for these miscellaneous changes, which became effective March 13, 2002. Among these changes, Virginia reorganized its permit procedures by deleting Part XI (9 VAC 2060960 through 9 VAC 20601250) and expanding, as appropriate, the coverage of 9 VAC 2060270. Virginia has also adopted the Federal provisions of 40 CFR 260.30 and 260.31 at 9 VAC 20601390 A 2 and 20 601390 B respectively, which provide for a petition process for waste variances from classification as a solid waste; and revised various crossreferences, principally to conform to the deletion of Part XI. Additional miscellaneous changes are listed following this paragraph. Regulatory citations annotated with an asterisk are deemed to be more stringent than the Federal program. EPA has evaluated the miscellaneous changes described in this section and has determined that they are consistent with and no less stringent than the corresponding Federal regulations.
Title 9, Virginia Administrative Code (9 VAC) Sec. Sec. 206014 B 3 through B6; 206017 A; 206020 through 206090; 2060124 A & B; 20 60260 B 3 b; 2060260 B 8 and B 9; 2060261 B 5*, 2060262 B 4* and 2060262 B 6 and B 7; 20264 B 5*, 2060264 B 7; 2060264 B 15 a*; 2060264 B 16; 2060264 B 17; 2060265 B 6*; 2060265 B 7; 2060 265 B 9; 2060265 B 18; 2060266 B 3; 2060270 A; 2060270 B 5; 20 60270 B 6 (except first sentence); 2060270 B 7; 2060270 B 8; 20 60270 B 9 introductory paragraph; 2060279 B 9 a*; 2060270 B 9 b; 2060270 B 10*; 2060270 B 11*; 2060270 B 12*; 2060270 B 13; 20 60273 B 2; 2060315 B & C; 2060315 H; 2060328 A through D; 2060 1410 A and B; 20601420 B and C; 20601430; and 20601435.

A further discussion of Virginia's miscellaneous regulatory changes is found in the following authorization revision application documents for Virginia: (1) ``Demonstration of Adequate Authority for Virginia Hazardous Waste Management Program Revisions from Program Revision I through June 30, 2001: Program Revision II'' and (2) ``Program Description, Revision II, 2002.''
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H. Where Are the Revised Virginia Rules Different From the Federal Rules?

Virginia's hazardous waste program contains several provisions which are more stringent than the RCRA program as codified in the July 1, 2001 edition of title 40 of the Code of Federal Regulations (CFR). These more stringent provisions are part of the Federallyauthorized program and are, therefore, Federallyenforceable. The specific more stringent provisions are noted in Section G.3.
I. Who Handles Permits After This Authorization Takes Effect?

After authorization, Virginia will issue permits for all the provisions for which it is authorized and will administer the permits it issues. EPA will continue to administer any RCRA hazardous waste permits or portions of permits which it issued prior to the effective date of this authorization. Until such time as formal transfer of EPA permit responsibility to Virginia occurs and EPA terminates its permit, EPA and Virginia agree to coordinate the administration of permits in order to maintain consistency. EPA will not issue any additional new permits or new portions of permits for the provisions listed in Section G 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 Today's Action Affect Indian Country (18 U.S.C. 115) in Virginia?

Virginia is not seeking authority to operate its program on Indian lands, since there are no Federallyrecognized 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. EPA does this by referencing the authorized State rules in 40 CFR part 272. EPA reserves the amendment of 40 CFR part 272, subpart VV, for this authorization of Virginia's program changes until a later date.
L. Statutory and Executive Order Reviews

Statutory and Executive Order Reviews

This 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 12866: Regulatory Planning Review

The Office of Management and Budget has exempted this rule from its review under Executive Order (EO) 12866.

2. Paperwork Reduction Act

This rule does not impose an information collection burden under the Paperwork Reduction Act.

3. Regulatory Flexibility Act

After considering the economic impacts of today's rule on small entities under the Regulatory Flexibility Act, I certify that this rule will not have a significant economic impact on a substantial number of small entities.

4. Unfunded Mandates Reform Act

Because this rule approves 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.

5. Executive Order 13132: Federalism

EO 13132 does not apply to this rule because it will not have federalism implications (i.e., substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government).
6. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments

EO 13175 does not apply to this rule because it will not have tribal implications (i.e., substantial direct effects on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes).
7. Executive Order 13045: Protection of Children from Environmental Health & Safety Risks

This rule is not subject to EO 13045 because it is not economically significant and it is not based on health or safety risks.
8. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use

This rule is not subject to EO 13211 because it is not a significant regulatory action as defined in EO 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 the requirements of RCRA. Thus, Section 12(d) of the National Technology Transfer and Advance Act does not apply to this rule. 10. Congressional Review Act

EPA will submit a report containing this rule and other information required by the Congressional Review Act (5 U.S.C. 801 et seq.) to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). This action will be effective on May 12, 2003.

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 5, 2003.
Thomas Voltaggio,
Acting Regional Administrator, EPA Region III.
[FR Doc. 036109 Filed 31203; 8:45 am]
BILLING CODE 656050P

FOR FURTHER INFORMATION CONTACT Joanne Cassidy, Mailcode 3WC21, RCRA State Programs Branch, U.S. EPA Region III, 1650 Arch Street, Philadelphia, PA 19103, Phone number: (215) 8143381.