[Federal Register: March 13, 2003 (Volume 68, Number 49)]
[Rules and Regulations]
[Page 11981-11986]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13mr03-10]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-7465-8]
Virginia: Final Authorization of State Hazardous Waste Management
Program Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Immediate final rule.
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SUMMARY: Virginia has applied to EPA for final authorization of 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.
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.
ADDRESSES: Send written comments to Joanne Cassidy, Mailcode 3WC21,
RCRA State Programs Branch, U.S. EPA Region III, 1650 Arch Street,
Philadelphia, PA 19103, Phone number: (215) 814-3381. You may inspect
and copy Virginia's application from 8:15 a.m. to 4:30 p.m., at the
following addresses: Virginia Department of Environmental Quality,
Division of Waste Program Coordination, 629 East Main Street, Richmond,
VA 23219, Phone number: (804) 698-4213, attn: Robert Wickline, and
Virginia Department of Environmental Quality, West Central Regional
Office, 3019 Peters Creek Road, Roanoke, VA 24015, Phone number: (540)
562-6872, attn: Aziz Farahmand, and EPA Region III, Library, 2nd Floor,
1650 Arch Street, Philadelphia, PA 19103, Phone number: (215) 814-5254.
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) 814-3381.
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
[[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 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 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-
60-18). 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
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RCRA Cluster V \2\
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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. 20-60-18
(Revision Checklist 137). and 20-60-268 A
Testing and Monitoring 60 FR 3089, 1/13/ 9 VAC Sec. Sec.
Activities Amendment I 95. 20-60-18 and 20-
(Revision Checklist 139). 60-260 A
[[Page 11983]]
Carbamate Production 60 FR 7824, 2/9/95 9 VAC Sec. Sec.
Identification and Listing of 60 FR 19165, 4/17/ 20-60-18 and 20-
Hazardous Waste (Revision 95. 60-261 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. 20-60-18 and 20-
(Revision Checklist 141). 60-260 A
Removal of Legally Obsolete 60 FR 33912, 6/29/ 9 VAC Sec. Sec.
Rules (Revision Checklist 144). 95. 20-60-18, 20-60-
261 A, 20-60-266
A and 20-60-270 A
---------------------------------
RCRA Cluster VI
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Liquids in Landfills III 60 FR 35703, 7/11/ 9 VAC Sec. Sec.
(Revision Checklist 145). 95. 20-60-18, 20-60-
264 A and 20-60-
265 A
RCRA Expanded Public 60 FR 63417, 12/11/ 9 VAC Sec. Sec.
Participation (Revision 95. 20-60-18, 20-60-
Checklist 148). 124 A and 20-60-
270 A
Recovered Oil Exclusion, 61 FR 13103, 3/26/ 9 VAC Sec. Sec.
Correction (Revision Checklist 96. 20-60-18 and 20-
150). 60-261 A
Land Disposal Restrictions Phase 61 FR 15566, 4/8/ 9 VAC Sec. Sec.
III--Decharacterized 96. 20-60-18 and 20-
Wastewaters, Carbamate Wastes, 61 FR 15660, 4/8/ 60-268 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
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Conditionally Exempt Small 61 FR 34252, 7/1/ 9 VAC Sec. Sec.
Quantity Generator Disposal 96. 20-60-18 and 20-
Options Under Subtitle D 60-261 A
(Revision Checklist 153).
Organic Air Emission Standards 59 FR 62896, 12/6/ 9 VAC Sec. Sec.
for Tanks, Surface 94. 20-60-18, 20-60-
Impoundments, and Containers 60 FR 26828, 5/19/ 260 A, 20-60-261
(Revision Checklist 154). 95. A, 20-60-262 A,
60 FR 50426, 9/29/ 20-60-264 A, 20-
95. 60-265 A and 20-
60 FR 56952, 11/13/ 60-270 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.
III--Emergency Extension of the 97. 20-60-18 and 20-
K088 Capacity Variance 60-268 A
(Revision Checklist 155).
Military Munitions Rule 62 FR 6622, 2/12/ 9 VAC Sec. Sec.
(Revision Checklist 156). 97. 20-60-18, 20-60-
260 A, 20-60-261
A, 20-60-262 A,
20-60-263 A, 20-
60-264 A, 20-60-
265 A, 20-60-266
A and 20-60-270 A
Land Disposal Restrictions-- 62 FR 25998, 5/12/ 9 VAC Sec. Sec.
Phase IV (Revision Checklist 97. 20-60-18, 20-60-
157). 261 A and 20-60-
268 A
Testing and Monitoring 62 FR 32452, 6/13/ 9 VAC Sec. Sec.
Activities Amendment III 97. 20-60-18, 20-60-
(Revision Checklist 158). 260 A, 20-60-264
A, 20-60-265 A
and 20-60-266 A
Carbamate Production, 62 FR 32974, 6/17/ 9 VAC Sec. Sec.
Identification and Listing of 97. 20-60-18, 20-60-
Hazardous Waste; Land Disposal 261 A and 20-60-
Restrictions (Conformance With 268 A
the Carbamate Vacatur)
(Revision Checklist 159).
---------------------------------
RCRA Cluster VIII
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Land Disposal Restrictions Phase 62 FR 37694, 7/14/ 9 VAC Sec. Sec.
III--Emergency Extension of the 97. 20-60-18 and 20-
K088 National Capacity Variance 60-268 A
(Revision Checklist 160).
Second Emergency Revision of the 62 FR 45568, 8/28/ 9 VAC Sec. Sec.
Land Disposal Restrictions 97. 20-60-18 and 20-
(LDR) Treatment Standards for 60-268 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. 20-60-18 and 20-
Restriction Treatment Variances 60-268 A
(Revision Checklist 162).
Organic Air Emission Standards 62 FR 64636, 12/8/ 9 VAC Sec. Sec.
for Tanks, Surface 97. 20-60-18, 20-60-
Impoundments, and Containers 264 A, 20-60-265
(Revision Checklist 163). A and 20-60-270 A
Kraft Mill Stream Stripper 63 FR 18504, 4/15/ 9 VAC Sec. Sec.
Condensate Exclusion (Revision 98. 20-60-18 and 20-
Checklist 164). 60-261 A
LDR Phase IV--Treatment 63 FR 28556, 5/26/ 9 VAC Sec. Sec.
Standards for Metal Wastes and 98. 20-60-18 and 20-
Mineral Processing Wastes 60-268 A
(Revision Checklist 167A).
[[Page 11984]]
LDR Phase IV--Hazardous Soils 63 FR 28556, 5/26/ 9 VAC Sec. Sec.
Treatment Standards and 98. 20-60-18 and 20-
Exclusions (Revision Checklist 60-268 A
167B).
167C--LDR Phase IV--Corrections 63 FR 28556, 5/26/ 9 VAC Sec. Sec.
(Revision Checklist 167C). 98. 20-60-18 and 20-
63 FR 31266, 6/8/ 60-268 A
98.
Mineral Processing Secondary 63 FR 28556, 5/26/ 9 VAC Sec. 20-60-
Materials Exclusion (Revision 98. 18 and 20-60-261
Checklist 167D). A
Bevill Exclusion Revisions and 63 FR 28556, 5/26/ 9 VAC Sec. Sec.
Clarification (Revision 98. 20-60-18 and 20-
Checklist 167E). 60-261 A
Hazardous Waste Combustors 63 FR 33782, 6/19/ 9 VAC Sec. 20-60-
Revised Standards (Revision 98. 18, 20-60-261 A
Checklist 168). and 20-60-270 A
---------------------------------
RCRA Cluster IX
------------------------------------------------------------------------
Petroleum Refining Process 63 FR 42110, 8/6/ 9 VAC Sec. Sec.
Wastes (Revision Checklist 169). 98. 20-60-18, 20-60-
63 FR 54356, 10/9/ 261 A, 20-60-266
98. A and 20-60-268 A
Land Disposal Restrictions Phase 63 FR 46332, 8/31/ 9 VAC Sec. Sec.
IV--Zinc Micronutrient 98. 20-60-18 and 20-
Fertilizers, Administrative 60-268 A
Stay (Revision Checklist 170).
Emergency Revision of the Land 63 FR 47410, 9/4/ 9 VAC Sec. Sec.
Disposal Restrictions (LDR) 98. 20-60-18 and 20-
Treatment Standards for Listed 60-268 A
Hazardous Wastes from Carbamate
Production (Revision Checklist
171).
Land Disposal Restrictions Phase 63 FR 48124, 9/9/ 9 VAC Sec. Sec.
IV--Extension of Compliance 98. 20-60-18 and 20-
Date for Characteristic Slags 60-268 A
(Revision Checklist 172).
Land Disposal Restrictions; 63 FR 51254, 9/24/ 9 VAC Sec. Sec.
Treatment Standards for Spent 98. 20-60-18 and 20-
Potliners from Primary Aluminum 60-268 A
Reduction (K088); Final Rule
(Revision Checklist 173).
Post-Closure Requirements and 63 FR 56710, 10/22/ 9 VAC Sec. Sec.
Closure Process (Revision 98. 20-60-18, 20-60-
Checklist 174). 264 A, 20-60-265
A and 20-60-270 A
HWIR-Media (Revision Checklist 63 FR 65874, 11/30/ 9 VAC Sec. Sec.
175). 98. 20-60-18, 20-60-
260 A, 20-60-261
A, 20-60-264 A,
20-60-265 A, 20-
60-268 A, 20-60-
270 A and 20-60-
270 B 14
Note: At 9 VAC 20-
60-270 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. 2.2-4000
through 2.2-4033,
Code of Virginia.
Universal Waste Rule--Technical 63 FR 71225, 12/24/ 9 VAC Sec. 20-60-
Amendments (Revision Checklist 98. 18, 20-60-266 A
176). and 20-60-273 A
Organic Air Emission Standards: 64 FR 3382, 1/21/ 9 VAC Sec. Sec.
Clarification and Technical 99. 20-60-18, 20-60-
Amendments (Revision Checklist 262 A, 20-60-264
177). A and 20-60-265 A
Petroleum Refining Process 64 FR 6806, 2/11/ 9 VAC Sec. Sec.
Wastes--Leachate Exemption 99. 20-60-18 and 20-
(Revision Checklist 178). 60-261 A
Land Disposal Restrictions Phase 64 FR 25408, 5/11/ 9 VAC Sec. Sec.
IV--Technical Corrections and 99. 20-60-18, 20-60-
Clarifications to Treatment 261 A, 20-60-262
Standards (Revision Checklist A and 20-60-268 A
179).
Test Procedures for the Analysis 64 FR 26315, 5/14/ 9 VAC Sec. Sec.
of Oil and Grease and Non-Polar 99. 20-60-18 and 20-
Material (Revision Checklist 60-260 A
180).
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RCRA Cluster X
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Universal Waste Rule: Specific 64 FR 36466, 7/6/ 9 VAC Sec. Sec.
Provisions for Hazardous Waste 99. 20-60-18, 20-60-
Lamps (Revision Checklist 181). 260 A, 20-60-261
A, 20-60-264 A,
20-60-265 A, 20-
60-268 A, 20-60-
270 A, 20-60-273
A, and 20-60-273
B.3.a
Hazardous Air Pollutant 64 FR 52828, 9/30/ 9 VAC Sec. Sec.
Standards for Combustors, 99. 20-60-18, 20-60-
Miscellaneous Units, and 64 FR 63209, 11/19/ 260 A, 20-60-261
Secondary Lead Smelters; 99. A, 20-60-264 A,
Clarification of BIF 20-60-265 A, 20-
Requirements; Technical 60-266 A and 20-
Correction to Fast-track Rule 60-270 A
(Revision Checklist 182).
Land Disposal Restrictions Phase 64 FR 56469, 10/20/ 9 VAC Sec. Sec.
IV--Technical Corrections 99. 20-60-18, 20-60-
(Revision Checklist 183). 261 A, 20-60-262
A and 20-60-268 A
Accumulation Time for Waste 65 FR 12378, 3/8/ 9 VAC Sec. Sec.
Water Treatment Sludges 00. 20-60-18 and 20-
(Revision Checklist 184). 60-262 A
Vacatur of Organobromine 65 FR 14472, 3/17/ 9 VAC Sec. Sec.
Production Waste Listings 00. 20-60-18, 20-60-
(Revision Checklist 185). 261 A and 20-60-
268 A
[[Page 11985]]
Petroleum Refining Process 65 FR 36365, 6/8/ 9 VAC Sec. Sec.
Wastes--Clarification (Revision 00. 20-60-18, 20-60-
Checklist 187). 261 A and 20-60-
268 A
---------------------------------
RCRA Cluster XI
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Hazardous Air Pollutant 65 FR 42292, 7/10/ 9 VAC Sec. Sec.
Standards; Technical 00. 20-60-18, 20-60-
corrections (Revision Checklist 66 FR 24270, 5/14/ 261 A, 20-60-264
188). 01. A and 20-60-270 A
Chlorinated Aliphatics Listing 65 FR 67068, 11/8/ 9 VAC Sec. Sec.
and LDRs for Newly Identified 00. 20-60-18, 20-60-
Wastes (Revision Checklist 189). 261 A and 20-60-
268 A
Land Disposal Restrictions Phase 65 FR 81373, 12/26/ 9 VAC Sec. Sec.
IV--Deferral for PCBs in Soil 00. 20-60-18 and 20-
(Revision Checklist 190). 60-268 A
Mixed Waste Rule (Revision 66 FR 27218, 5/16/ 9 VAC Sec. Sec.
Checklist 191). 01. 20-60-18 and 20-
60-266 A
Mixture and Derived-From Rules 66 FR 27266, 5/16/ 9 VAC Sec. Sec.
Revisions (Revision Checklist 01. 20-60-18 and 20-
192A). 60-261 A
Land Disposal Restrictions 66 FR 27266, 5/16/ 9 VAC Sec. Sec.
Correction (Revision Checklist 01. 20-60-18 and 20-
192B). 60-268 A
Change of Official EPA Mailing 66 FR 34374, 6/28/ 9 VAC Sec. Sec.
Address (Revision Checklist 01. 20-60-18 and 20-
193). 60-260 A
---------------------------------
PROJECT XL
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Project XL Site-Specific 62 FR 59621, 10/8/ 9 VAC Sec. Sec.
Rulemaking for Merck & Co., 97. 20-60-18, 20-60-
Inc., Stonewall Plant, Elkton, 264 and 20-60-265
VA. A
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\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 20-60-
273.B.3.b and 20-60-273.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
20-60-960 through 9 VAC 20-60-1250) and expanding, as appropriate, the
coverage of 9 VAC 20-60-270. Virginia has also adopted the Federal
provisions of 40 CFR 260.30 and 260.31 at 9 VAC 20-60-1390 A 2 and 20-
60-1390 B respectively, which provide for a petition process for waste
variances from classification as a solid waste; and revised various
cross-references, 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. 20-60-14 B 3
through B6; 20-60-17 A; 20-60-20 through 20-60-90; 20-60-124 A & B; 20-
60-260 B 3 b; 20-60-260 B 8 and B 9; 20-60-261 B 5*, 20-60-262 B 4* and
20-60-262 B 6 and B 7; 20-264 B 5*, 20-60-264 B 7; 20-60-264 B 15 a*;
20-60-264 B 16; 20-60-264 B 17; 20-60-265 B 6*; 20-60-265 B 7; 20-60-
265 B 9; 20-60-265 B 18; 20-60-266 B 3; 20-60-270 A; 20-60-270 B 5; 20-
60-270 B 6 (except first sentence); 20-60-270 B 7; 20-60-270 B 8; 20-
60-270 B 9 introductory paragraph; 20-60-279 B 9 a*; 20-60-270 B 9 b;
20-60-270 B 10*; 20-60-270 B 11*; 20-60-270 B 12*; 20-60-270 B 13; 20-
60-273 B 2; 20-60-315 B & C; 20-60-315 H; 20-60-328 A through D; 20-60-
1410 A and B; 20-60-1420 B and C; 20-60-1430; and 20-60-1435.
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.''
[[Page 11986]]
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 Federally-authorized
program and are, therefore, Federally-enforceable. 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 Federally-recognized Indian Lands in
Virginia.
K. What Is Codification and Is EPA Codifying Virginia's Hazardous Waste
Program as Authorized in This Rule?
Codification is the process of placing the State's statutes and
regulations that comprise the State's authorized hazardous waste
program into the Code of Federal Regulations. 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 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.
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. 03-6109 Filed 3-12-03; 8:45 am]
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