Federal Register / Vol. 79, No. 168 / Friday, August 29, 2014 / Rules and Regulations 51497 

This final rule directly regulates 

growers, food processors, food handlers, 

and food retailers, not States or Tribes, 

nor does this action alter the 

relationships or distribution of power 

and responsibilities established by 

Congress in the preemption provisions 

of FFDCA section 408(n)(4). As such, 

the Agency has determined that this 

action will not have a substantial direct 

effect on States or tribal governments, 

on the relationship between the national 

government and the States or tribal 

governments, or on the distribution of 

power and responsibilities among the 

various levels of government or between 

the Federal Government and Indian 

Tribes. Thus, the Agency has 

determined that Executive Order 13132, 

entitled ‘‘Federalism’’ (64 FR 43255, 

August 10, 1999) and Executive Order 

13175, entitled ‘‘Consultation and 

Coordination with Indian Tribal 

Governments’’ (65 FR 67249, November 

9, 2000) do not apply to this final rule. 

In addition, this final rule does not 

impose any enforceable duty or contain 

any unfunded mandate as described 

under Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA) (2 U.S.C. 

1501 et seq.). 

This action does not involve any 

technical standards that would require 

Agency consideration of voluntary 

consensus standards pursuant to section 

12(d) of the National Technology 

Transfer and Advancement Act of 1995 

(NTTAA) (15 U.S.C. 272 note). 

VII. Congressional Review Act 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), EPA will 

submit a report containing this rule 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 of the rule in the Federal 

Register. This action is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: August 20, 2014. 

Marty Monell, 

Acting Director, Office of Pesticide Programs. 

Therefore, 40 CFR chapter I is 

amended as follows: 

PART 180—[AMENDED] 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

■ 2. Revise § 180.614 to read as follows: 

§ 180.614 Kasugamycin; tolerances for 

residues. 

(a) General. Tolerances are 

established for residues of kasugamycin, 

including its metabolites and 

degradates, in or on the commodities 

listed in the following table. 

Compliance with the tolerance levels 

specified is to be determined by 

measuring only kasugamycin (3-O-[2- 

amino-4-[(carboxyimino-methyl)amino]- 

2,3,4,6-tetradeoxy-a-D-arabinohexopyranosyl]-D-chiro-inositol) in or 

on the commodity. 

Commodity Parts per 

million 

Fruit, pome, group 11–10 ......... 0.20 

Vegetable, fruiting, group 8 1 .... 0.04 

1There is no U.S. registration as of September 1, 2005. 

(b) Section 18 emergency exemptions. 

[Reserved] 

(c) Tolerances with regional 

registrations. [Reserved] 

(d) Indirect or inadvertent residues. 

[Reserved] 

[FR Doc. 2014–20502 Filed 8–28–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[FRL–9915–97–Region–6; EPA–R06–RCRA– 

2013–0785] 

Oklahoma: Final Authorization of State 

Hazardous Waste Management 

Program Revision 

AGENCY: Environmental Protection 

Agency. 

ACTION: Direct final rule. 

SUMMARY: Oklahoma Department of 

Environmental Quality (ODEQ) has 

applied to the Environmental Protection 

Agency (EPA) for Final authorization of 

the 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 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 

Oklahoma’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 October 28, 2014 

unless the EPA receives adverse written 

comment by September 29, 2014. 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. Email: 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. 

Instructions: Do not submit 

information that you consider to be CBI 

or otherwise protected through 

regulations.gov, or email. 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 email 

comment directly to the EPA without 

going through regulations.gov, your 

email 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 Oklahoma’s 

application and associated publicly 


wreier-aviles on DSK5TPTVN1PROD with RULES
51498 Federal Register / Vol. 79, No. 168 / Friday, August 29, 2014 / Rules and Regulations 

available materials from 8:30 a.m. to 4 

p.m. Monday through Friday at the 

following locations: Oklahoma 

Department of Environmental Quality, 

707 North Robinson, Oklahoma City, 

Oklahoma 73101–1677, (405) 702–7180 

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 6 1445 Ross 

Avenue, Dallas, Texas 75202–2733, and 

Email address 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 Oklahoma’s 

application to revise its authorized 

program meets all of the statutory and 

regulatory requirements established by 

RCRA. Therefore, we grant Oklahoma 

Final authorization to operate its 

hazardous waste program with the 

changes described in the authorization 

application. Oklahoma has 

responsibility for permitting treatment, 

storage, and disposal facilities within its 

borders. Also section 10211(a) of the 

Safe, Accountable, Flexible, Efficient 

Transportation Equity Act of 2005 

(‘‘SAFETEA’’), Public Law 109–59, 119 

Statute 1144 (August 10, 2005) provides 

the State of Oklahoma opportunity to 

request approval from EPA to 

administer RCRA subtitle C 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). The State of Oklahoma did not 

apply for authorization to administer 

Indian Country in this authorization 

document. 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 prohibition in 

Oklahoma 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 Oklahoma 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. Oklahoma 

has enforcement responsibilities under 

its State hazardous waste program for 

violations of such program, but the EPA 

retains its authority under RCRA 

sections 3007, 3008, 3013, and 7003, 

which include, among others, authority 

to: 

• Do inspections, and require 

monitoring, tests, analyses, or reports; 

• Enforce RCRA requirements and 

suspend or revoke permits and 

• take enforcement actions after 

notice to and consultation with the 

State. 

This action does not impose 

additional requirements on the 

regulated community because the 

regulations for which Oklahoma is being 

authorized by today’s action is 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 in this document. 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 Oklahoma previously 

been authorized? 

Oklahoma initially received final 

Authorization on January 10, 1985, (49 

FR 50362–50363) published December 

27, 1984 to implement its base 

hazardous waste management program. 

We authorized the following revisions: 

Oklahoma received authorization for 

revisions to its program with 

publication dates: April 17, 1990 (55 FR 

14280–14282), effective June 18, 1990; 

September 26, 1990 (55 FR 39274) 

effective November 27, 1990; April 2, 

1991 (56 FR 13411–13413) effective 

June 3, 1991; September 20, 1991 (56 FR 

47675–47677) effective November 19, 

1991; September 29, 1993 (58 FR 

50854–50856) effective November 29, 

1993; October 12, 1993 (58 FR 52679– 

52682) effective December 13, 1993; 

October 7, 1994 (59 FR 51116–51122) 

effective December 21, 1994; January 11, 

1995 (60 FR 2699–2702) effective April 

27, 1995; October 9, 1996 (61 FR 52884– 

52886) effective December 23, 1996; 

Technical Correction March 14, 1997 

(62 FR 12100–12101) effective March 

14, 1997; September 22, 1998 (63 FR 

50528–50531) effective November 23, 

1998; March 29, 2000 (65 FR 16528– 

16532) effective May 30, 2000; May 10, 

2000 (65 FR 29981–29985) effective 

June 10, 2000; January 2, 2001 (66 FR 

28–33) effective March 5, 2001; April 9, 

2003 (68 FR 17308–17311) effective 

June 9, 2003 and February 4, 2009 (74 

FR 5994–6001); (66 FR 18927–18930) 

effective June 6, 2011, March 15, 2012 

(77 FR 15273–15276) effective May 14, 

2012 and effective July 29, 2013, May 

29, 2013 (78 FR 32161–32165). The 

authorized Oklahoma RCRA program 

was incorporated by reference into the 

CFR published on December 9, 1998 (63 

FR 67800–67834) effective February 8, 

1999, August 26, 1999 (64 FR 46567– 


wreier-aviles on DSK5TPTVN1PROD with RULES
Federal Register / Vol. 79, No. 168 / Friday, August 29, 2014 / Rules and Regulations 51499 

46571) effective October 25, 1999, 

August 27, 2003 (68 FR 51488–51492) 

effective October 27, 2003, August 27, 

2010 (75 FR 36546) June 28, 2010, May 

17, 2012 (77 FR 29231–29235) effective 

July 16, 2012 and May 29, 2013 (78 FR 

32161–32165) effective July 29, 2013. 

On June 28, 2013, Oklahoma submitted 

a final complete program revision 

application seeking authorization of its 

program revision in accordance with 40 

CFR 271.21. 

The Oklahoma Hazardous Waste 

Management Act (‘‘OHWMA’’) provides 

the ODEQ with the authority to 

administer the State Program, including 

the statutory and regulatory provisions 

necessary to administer the provisions 

of RCRA Cluster XXII, and designates 

the ODEQ as the State agency to 

cooperate and share information with 

EPA for purpose of hazardous waste 

regulation. The Oklahoma 

Environmental Quality Code (‘‘Code’’), 

at 27 A O.S. Section 2–7–101 et seq. 

establishes the statutory authority to 

administer the Hazardous waste 

management program under Subtitle C. 

The State regulations to manage the 

Hazardous waste management program 

is at Oklahoma Administrative Code 

(OAC) Title 252 Chapter 205. 

The DEQ adopted applicable Federal 

hazardous waste regulations as 

amended through July 1, 2011 which 

became effective July 1, 2013. The 

provisions for which the State of 

Oklahoma is seeking authorization are 

documented in the Regulatory 

Documentation For Federal Provisions 

For Which The State Of Oklahoma Is 

Seeking Authorization, Federal Final 

Rules Published Between July 1, 2011 

through June 30, 2012 RCRA Cluster 

XXII prepared on June 24, 2013. 

The DEQ incorporates the Federal 

regulations by reference and there have 

been no changes in State or Federal laws 

or regulations that have diminished the 

DEQ’s ability to adopt the Federal 

regulations by reference as set forth in 

the authorizations at 77 FR 22229 

through 22232 effective May 14, 2012 

for RCRA Cluster XXII. The Federal 

Hazardous waste regulations are 

adopted by reference by the DEQ at 

OAC 252:205, Subchapter 3. The DEQ 

does not adopt Federal regulations 

prospectively. 

The State Oklahoma Hazardous waste 

program has in place the statutory 

authority and regulations for all 

required components of Hazardous 

Waste Technical Corrections and 

Clarification rule (Checklist 228) in 

RCRA Cluster XXII. These statutory and 

regulatory provisions were developed to 

ensure the State program is equivalent 

to, consistent with and no less stringent 

than the Federal Hazardous waste 

management program. 

The Environmental Quality Act, at 

27A O.S. Section 1–3–101(E), grants the 

Oklahoma Corporation Commission 

(‘‘OCC’’) authority to regulate certain 

aspects of the oil and gas production 

and transportation industry in 

Oklahoma, including certain wastes 

generated by pipelines, bulk fuel sales 

terminals and certain tank farms, as well 

as underground storage tanks. To clarify 

areas of environmental jurisdiction, the 

ODEQ and OCC developed an ODEQ/

OCC Jurisdictional Guidance Document 

to identify respective areas of 

jurisdiction. The current ODEQ/OCC 

Jurisdictional Guidance Document was 

amended and signed on January 27, 

1999. The revisions to the State Program 

necessary to administer Cluster XXII 

will not affect the jurisdictional 

authorities of the ODEQ or OCC. 

The ODEQ adopted RCRA Cluster 

XXII applicable federal hazardous waste 

regulations as amended through July 1, 

2012 and became effective on July 1, 

2013. The rules were also codified at 

OAC 252:205 et seq., Subchapter 3. 

Pursuant to OAC 252:205–3–1, the 

State’s incorporation of Federal 

regulations does not incorporate 

prospectively future changes to the 

incorporated sections of the 40 CFR, and 

no other Oklahoma law or regulation 

reduces the scope of coverage or 

otherwise affects the authority provided 

by these incorporated-by-reference 

provisions. Further, Oklahoma 

interprets these incorporated provisions 

to provide identical authority to the 

Federal provisions. Thus, OAC Title 

252, Chapter 205 provides equivalent 

and no less stringent authority than the 

Federal Subtitle C program in effect July 

1, 2012. The State of Oklahoma 

incorporates by reference the provisions 

of 40 Code of Federal Regulations (CFR) 

parts 124 of 40 CFR that are required by 

40 CFR 271.14 (with the addition of 40 

CFR 124.19(a) through (c), 124.19(e), 

124.31, 124.32, 124.33 and subpart G); 

40 CFR parts 260–268 [with the 

exception of 260.21, 262 subparts E and 

H, 264.1(f), 264.1(g)(12), 264.149, 

264.150, 264.301(1), 264.1030(d), 

264.1050(g), 264.1080(e), 264.1080(f), 

264.1080(g), 265.1(c)(4), 265.1(g)12), 

265.149, 265.150, 265.1030(c), 

265.1050(f) 265.1080(e), 265.1080(f), 

265.1080(g), 268.5, 268.6, 268.13, 

268.42(b), and 268.44(a) through (g)]; 40 

CFR part 270 [with the exception of 

270.1(c)(2)(ix and 270.14(b)(18)]; 40 CFR 

part 273; and 40 CFR part 279. 

The DEQ is the lead Department to 

cooperate and share information with 

the EPA for purpose of hazardous waste 

regulation. 

Pursuant to 27A O.S. Section 2–7– 

104, the Executive Director has created 

the Land Protection Division (LPD) to be 

responsible for implementing the State 

Program. The LPD is staffed with 

personnel that have the technical 

background and expertise to effectively 

implement the provisions of the State 

program subtitle C Hazardous waste 

management program. 

G. What changes are we approving In 

today’s action? 

On June 28, 2013, the State of 

Oklahoma submitted final complete 

program applications, 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 the State of 

Oklahoma’s hazardous waste program 

revision satisfies all of the requirements 

necessary to qualify for final 

authorization. The State of Oklahoma 

revisions consist of regulations which 

specifically govern Federal Hazardous 

waste revisions promulgated between 

July 1, 2011 through June 30, 2012 

which is in (RCRA Cluster XXII). 

Oklahoma 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. Hazardous Waste Technical Corrections and Clarifications. 

(Checklist 228).

77 FR 22229–22232, May 14, 

2012.

Oklahoma Statutes Title 27A Section 2–7–101 et seq., Oklahoma 

Hazardous Waste Management Act, as amended effective July 1, 

2013; Oklahoma Administrative Code, Title 252, Chapter 205, as 

amended effective July 1, 2013. 


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51500 Federal Register / Vol. 79, No. 168 / Friday, August 29, 2014 / Rules and Regulations 

H. Where are the revised State rules 

different from the Federal rules? 

There are no State requirements that 

are more stringent or broader in scope 

than the Federal requirements. 

I. Who handles permits after the 

authorization takes effect? 

Oklahoma 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 Oklahoma is not yet 

authorized. 

J. How does today’s action affect Indian 

country (8 U.S.C. 1151) in Oklahoma? 

Section 8 U.S.C. 1151 does not affect 

the State of Oklahoma because under 

section 10211(a) of the Safe, 

Accountable, Flexible, Efficient 

Transportation Equity Act of 2005 

(‘‘SAFETEA’’), Public Law 109–59, 119 

Statute 1144 (August 10, 2005) provides 

the State of Oklahoma opportunity to 

request approval from EPA to 

administer RCRA subtitle C 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). However, the State of 

Oklahoma is not seeking authorization 

to administer authorization under RCRA 

Subtitle C in this FR document. 

K. What Is codification and is the EPA 

codifying Oklahoma’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 part 

272. We reserve the amendment of 40 

CFR part 272, subpart LL for this 

authorization of Oklahoma’s program 

changes until a later date. In this 

authorization application the EPA is not 

codifying the rules documented in this 

Federal Register notice. 

L. Administrative Requirements 

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. The reference to 

Executive Order 13563 (76 FR 3821, 

January 21, 2011) is also exempt from 

review under Executive orders 12866 

(56 FR 51735, October 4, 1993). 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 must submit a 

rule 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 October 28, 

2014. 

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: August 5, 2014. 

Ron Curry, 

Regional Administrator, Region 6. 

[FR Doc. 2014–20647 Filed 8–28–14; 8:45 am] 

BILLING CODE 6560–50–P 


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