Federal Register: RULES Hazardous waste program authorizations: [40 CFR Part 271]

ENVIRONMENTAL PROTECTION AGENCY

Environmental Protection Agency

CFR Citation: 40 CFR Part 271

EPA ID: [EPA-R03-RCRA-2006-0381; FRL-8165-7]

NOTICE: RULES

ACTION: Hazardous waste program authorizations:

DOCUMENT ACTION: Immediate final rule.

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

DATES: This final authorization will become effective on July 10, 2006, unless EPA receives adverse written comments by June 9, 2006. If EPA receives any such comment, it will publish a timely withdrawal of this immediate final rule in the Federal Register and inform the public that this authorization, or portions thereof, will not take effect as scheduled.

DOCUMENT SUMMARY: Virginia has applied to EPA for final authorization of revisions to its
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hazardous waste program under the Resource Conservation and Recovery Act (RCRA). EPA has determined that these revisions satisfy all requirements needed to qualify for final authorization and is authorizing Virginia's revisions through this immediate final action. EPA is publishing this rule to authorize the revisions without a prior proposal because we believe this action is not controversial and do not expect comments that oppose it. Unless we receive written comments that oppose this authorization during the comment period, the decision to authorize Virginia's revisions to its hazardous waste program will take effect. If we receive comments that oppose this action, we will publish a document in the Federal Register withdrawing the relevant amendments, section or paragraph of this rule before they take effect and a separate document in the proposed rules section of this Federal Register will serve as a proposal to authorize revisions to Virginia's program that were the subject of adverse comments.

SUMMARY: Virginia,

SUPPLEMENTAL INFORMATION

A. Why Are Revisions to State Programs Necessary?

States that have received final authorization from EPA under RCRA section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous waste program that is equivalent to, consistent with, and no less stringent than the Federal program. Program revision may be necessary when the controlling Federal or State statutory or regulatory authority is modified or supplemented. Most commonly, States must revise their programs because of revisions to EPA's regulations in 40 Code of Federal Regulations (CFR) parts 124, 260 through 266, 268, 270, 273 and 279.

B. What Decisions Have We Made in This Rule?

EPA concludes that Virginia's application to revise its authorized program meets all of the statutory and regulatory requirements established by RCRA. Therefore, we grant Virginia final authorization to operate its hazardous waste program with the revisions described in its application for program revisions, subject to the procedures described in section E, below. Virginia has responsibility for permitting treatment, storage, and disposal facilities (TSDFs) within its borders and for carrying out the aspects of the RCRA program described in its application, subject to the limitations of the Hazardous and Solid Waste Amendments of 1984 (HSWA). New Federal requirements and prohibitions imposed by Federal regulations that EPA promulgates under the authority of HSWA take effect in authorized States before they are authorized for the requirements. Thus, EPA will implement those HSWA requirements and prohibitions for which Virginia has not been authorized, including issuing HSWA permits, until the State is granted authorization to do so.

C. What Is the Effect of This Authorization Decision?

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

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

Enforce RCRA requirements and suspend or revoke permits; and

Take enforcement actions regardless of whether Virginia has taken its own actions.

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

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

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

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

F. What Has Virginia Previously Been Authorized For?

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

G. What Revisions Are We Authorizing With This Action?

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

1. Program Revision Changes for Federal Rules

Virginia seeks authority to administer the Federal requirements that are listed in Table 1. Virginia incorporates by reference these Federal provisions, in accordance with the dates specified in Title 9, Virginia Administrative Code (9 VAC 206018). Table 1 lists Virginia's requirements that are being recognized as no less stringent than the analogous Federal requirements. The Virginia Waste Management Act (VWMA), enacted by the 1986 session of the Virginia's General Assembly and recodified in 1988 as Chapter 14, Title 10.1, Code of Virginia, forms the basis of the Virginia program. The regulatory references are to Title 9, Virginia Administrative Code (9 VAC) effective September 8, 2004.
Table 1.Virginia's Analogs to the Federal Requirements Description of Federal Requirement
(Revision Checklists) \1\ Federal Register Analogous Virginia Authority RCRA Cluster XI \2\, NonHSWA Hazardous Air Pollutant Standards; 66 FR 35087, 7/3/01.................... Title 9, Virginia Technical corrections, Checklist 188. Administrative Code (9 VAC) Sec. Sec. 206018 and 20 60264 A. RCRA Cluster XII, HSWA/NonHSWA Hazardous Waste Identification Rule 66 FR 50332, 10/3/01................... 9 VAC Sec. Sec. 206018 Corrections: Revisions to Mixture and and 2060261 A. DerivedFrom Rules, Checklist 194.
Identification and Listing of Hazardous 66 FR 58258, 11/20/01; 67 FR 17119, 4/9/ 9 VAC Sec. Sec. 206018, Waste: Inorganic Chemical 02. 2060261 A and 2060268 A. Manufacturing Wastes; Land Disposal
Restrictions for Newly Identified
Wastes, Checklist 195.
RCRA Cluster XII, HSWA CAMU Amendments, Checklist 196......... 67 FR 2962, 1/22/02.................... 9 VAC Sec. Sec. 206018, 2060260 A and 2060264 A. RCRA Cluster XII, HSWA/NonHSWA Interim Standards for Hazardous Air 67 FR 6792, 2/13/02.................... 9 VAC Sec. Sec. 206018, Pollutants for Hazardous Waste 2060264 A, 2060265 A, 20 Combustors, Checklist 197. 60266 A and 2060270 A. Hazardous Air Pollutant Standards for 67 FR 6968, 2/14/02.................... 9 VAC Sec. Sec. 206018, Hazardous Waste Combustors, Checklist 2060266 A and 2060270 A. 198.
RCRA Cluster XII, NonHSWA Vacatur of Mineral Processing Spent 67 FR 11251, 3/13/02................... 9 VAC Sec. Sec. 206018 Materials Being Reclaimed as Solid and 2060261 A. Wastes and TCLP Use with MGP Waste,
Checklist 199.
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RCRA Cluster XIII, HSWA/NonHSWA Zinc Fertilizers Made From Recycled 67 FR 48393, 7/24/02................... 9 VAC Sec. Sec. 206018, Hazardous Secondary Materials, 2060261 A, 266 A and 2060 Checklist 200. 268 A. RCRA Cluster XIII, HSWA Land Disposal Restrictions: National 67 FR 62618, 10/7/02................... 9 VAC Sec. Sec. 206018 Treatment Variance to Designate New and 2060268 A. Treatment Subcategories for
Radioactively Contaminated Cadmium,
Mercury, and Silver, Containing
Batteries, Checklist 201.

FOR FURTHER INFORMATION CONTACT Lillie Ellerbe, Mailcode 3WC21, RCRA State Programs Branch, U.S. EPA Region III, 1650 Arch Street, Philadelphia, PA 191032029, Phone number: (215) 8145454.