Federal Register / Vol. 78, No. 251 / Tuesday, December 31, 2013 / Rules and Regulations 79615 

administering the Department’s 

programs and activities. 

Intergovernmental Review: This 

program is subject to Executive Order 

12372 and the regulations in 34 CFR 

part 79. One of the objectives of the 

Executive order is to foster an 

intergovernmental partnership and a 

strengthened federalism. The Executive 

order relies on processes developed by 

State and local governments for 

coordination and review of proposed 

Federal financial assistance. 

This document provides early 

notification of our specific plans and 

actions for this program. 

Accessible Format: Individuals with 

disabilities can obtain this document in 

an accessible format (e.g., braille, large 

print, audiotape, or compact disc) on 

request to the program contact person 

listed under FOR FURTHER INFORMATION

CONTACT. 

Electronic Access to This Document: 

The official version of this document is 

the document published in the Federal 

Register. Free Internet access to the 

official edition of the Federal Register 

and the Code of Federal Regulations is 

available via the Federal Digital System 

at: www.gpo.gov/fdsys. At this site you 

can view this document, as well as all 

other documents of this Department 

published in the Federal Register, in 

text or Adobe Portable Document 

Format (PDF). To use PDF you must 

have Adobe Acrobat Reader, which is 

available free at the site. 

You may also access documents of the 

Department published in the Federal 

Register by using the article search 

feature at: www.federalregister.gov. 

Specifically, through the advanced 

search feature at this site, you can limit 

your search to documents published by 

the Department. 

Dated: December 26, 2013. 

Deborah S. Delisle, 

Assistant Secretary for Elementary and 

Secondary Education. 

[FR Doc. 2013–31325 Filed 12–30–13; 8:45 am] 

BILLING CODE 4000–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–R01–RCRA–2013–0554; FRL—9904– 

47–Region 1] 

Vermont: Final Authorization of State 

Hazardous Waste Management 

Program Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct Final Rule. 

SUMMARY: The State of Vermont has 

applied to the Environmental Protection 

Agency (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 the 

State’s changes through this direct final 

action. 

DATES: This rule is effective on March 3, 

2014 without further notice, unless EPA 

receives adverse written comment by 

January 30, 2014. If EPA receives 

adverse comment, we will publish a 

timely withdrawal in the Federal 

Register informing the public that the 

rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R01– 

RCRA–2013–0554, by one of the 

following methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• Email: leitch.sharon@epa.gov 

• Fax: (617) 918–0647, to the 

attention of Sharon Leitch. 

• Mail: Sharon Leitch, RCRA Waste 

Management and UST Section, Office of 

Site Remediation and Restoration 

(OSRR07–1), US EPA Region 1, 5 Post 

Office Square, Suite 100, Boston, MA 

02109–3912. 

• Hand Delivery: Sharon Leitch, 

RCRA Waste Management and UST 

Section, Office of Site Remediation and 

Restoration (OSRR07–1), US EPA 

Region 1, 5 Post Office Square, 7th floor, 

Boston, MA 02109–3912. Such 

deliveries are only accepted during 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. Please 

contact Sharon Leitch at (617) 918– 

1647. 

Instructions: Direct your comments to 

Docket ID No. EPA–R01–RCRA–2013– 

0554. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means 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 EPA without going 

through www.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, 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 EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, 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. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

the EPA Region 1 Library, 5 Post Office 

Square, 1st floor, Boston, MA 02109– 

3912; by appointment only; tel: (617) 

918–1990. 

FOR FURTHER INFORMATION CONTACT: 

Sharon Leitch, RCRA Waste 

Management and UST Section, Office of 

Site Remediation and Restoration, (Mail 

Code: OSRR07–1), EPA Region 1, 5 Post 

Office Square, Suite 100, Boston, MA 

02109–3912; telephone number: (617) 

918–1647; fax number (617) 918–0647; 

email address: leitch.sharon@epa.gov. 

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 

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 Title 40 

of the Code of Federal Regulations (CFR) 

parts 124, 260 through 266, 268, 270, 

273 and 279. 


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79616 Federal Register / Vol. 78, No. 251 / Tuesday, December 31, 2013 / Rules and Regulations 

B. What decisions have we made in this 

Rule? 

We have concluded that Vermont’s 

application to revise its authorized 

program meets all of the statutory and 

regulatory requirements established by 

RCRA. Therefore, we grant Vermont 

Final authorization to operate its 

hazardous waste program with the 

changes described in the authorization 

application. Vermont has responsibility 

for permitting treatment, storage, and 

disposal facilities (TSDFs) within its 

borders and for carrying out the aspects 

of the RCRA program covered by its 

revised program application, subject to 

the limitations of the Hazardous and 

Solid Waste Amendments of 1984 

(HSWA). New Federal requirements and 

prohibitions imposed by Federal 

regulations that EPA promulgates under 

the authority of HSWA take effect in 

authorized States before they are 

authorized for the requirements. Thus, 

EPA will implement any such 

requirements and prohibitions in 

Vermont, 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 Vermont 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. Vermont 

has enforcement responsibilities under 

its State hazardous waste program for 

violations of such program, but EPA 

also retains its full authority under 

RCRA sections 3007, 3008, 3013, and 

7003, which includes, among others, 

authority to: 

• Perform inspections, and require 

monitoring, tests, analyses or reports 

• Enforce RCRA requirements and 

suspend or revoke permits 

• Take enforcement actions 

This action does not impose 

additional requirements on the 

regulated community because the 

regulations for which Vermont is being 

authorized by today’s action are already 

effective under state law, and are not 

changed by today’s action. 

D. Why wasn’t there a Proposed Rule 

before today’s Rule? 

EPA did not publish a proposal before 

today’s rule because we view this as a 

routine program change and do not 

expect adverse 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 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 

the State program changes on the 

proposal mentioned in the previous 

paragraph. We will then address all 

public comments in a later final rule 

based upon this proposed rule that also 

appears in today’s Federal Register. You 

may not have another opportunity to 

comment. If you want to comment on 

this authorization, you should do so at 

this time. 

If we receive adverse comments that 

oppose only the authorization of a 

particular change to the State hazardous 

waste program, we will withdraw 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. What has Vermont previously been 

authorized for? 

The State of Vermont initially 

received Final authorization on January 

7, 1985, with an effective date of 

January 21, 1985 (50 FR 775) to 

implement the RCRA hazardous waste 

management program. The Region 

published an immediate final rule for 

certain revisions to Vermont’s program 

on May 3, 1993 (58 FR 26242) and 

reopened the comment period for these 

revisions on June 7, 1993 (58 FR 31911). 

This authorization became effective 

August 6, 1993 (58 FR 31911). The 

Region granted authorization for further 

revisions to Vermont’s program on 

September 24, 1999 (64 FR 51702), 

effective November 23, 1999. On 

October 18, 1999 (64 FR 46174) the 

Region published a correction to the 

immediate final rule that was published 

on September 24, 1999. The Region 

granted authorization for further 

revisions to Vermont’s program on 

October 26, 2000, effective December 

26, 2000 (65 FR 64164). That Federal 

Register also made a technical 

correction. On June 23, 2005 (70 FR 

36350) the Region published an 

immediate final rule for additional 

revisions to Vermont’s program. This 

authorization became effective on 

August 22, 2005. The most recent 

authorization was granted to Vermont 

on March 16, 2007 (72 FR 12568) and 

became effective on May 15, 2007. 

G. What changes are we authorizing 

with today’s action? 

On August 20, 2013, Vermont 

submitted a final complete program 

revision application, seeking 

authorization for their changes in 

accordance with 40 CFR 271.21. In 

particular, Vermont is seeking 

authorization for updated state 

regulations addressing federal 

requirements added from July 1, 2005 

through June 30, 2011. Also, Vermont is 

seeking authorization for various 

changes it recently has made to its base 

program regulations. 

We are now making an immediate 

final decision that, subject to 

reconsideration only if we receive 

written comments that oppose this 

action, Vermont’s hazardous waste 

program revisions satisfy all of the 

requirements necessary to qualify for 

Final authorization. Therefore, we grant 

Vermont Final authorization for the 

following program changes. First, we are 

authorizing state regulations that track 

federal regulations adopted since July 1, 

2005, as follows (the Federal Citation is 

followed by the analog from chapter 7 

of the Vermont Environmental 

Protection Rules (Hazardous Waste 

Management Regulations), effective 

March 15, 2013): Federal: Methods 

Innovation Rule and SW–846 Final 

Update IIIB [70 FR 34538, June 14, 

2005. As amended August 1, 2005; 70 

FR 44150] (Checklist 208)– State: 7– 

106(a), 7–109(a), 7–109(b)(1), 7– 

202(a)(9), 7–205(a)(1), 7–206(a)(1) & 

(a)(2), 7–210, 7–217(c), 7–219, 7–219(c), 

7–219(e), 7–504(e)(1), 7–505(c), 7– 

510(c)(1), 7–511(a) & (d), 7–805(f), 7– 

811(b)(5), 7–812(d), 7–813(a); Federal: 

Revision of Wastewater Treatment 

Exemptions for Hazardous Waste 

Mixtures (‘‘Headworks exemptions’’) [70 

FR 57769, October 4, 2005] (Checklist 

211)– State: 7–109(a) and 203(k)(3); 

Federal: Burden Reduction Initiative; 

[71 FR 16862, April 4, 2006] (Checklist 

213)—State: 7–106(a), 7–109(a), 7– 

109(b)(1), 7–204(b)&(c), 7–203(i)(4), 7– 

504(e)(1), 7–505(c), 7–507(f)(1), 7– 

510(c)(1); Federal: Corrections to Errors 

in the Code of Federal Regulations [71 

FR 40254, July 14, 2006] (Checklist 

214)—State: 7–103, 7–106(a), 7–108(d), 

7–109(a), 7–109(b)(1) & (b)(2), 7– 

203(i)(4), 7–203(v), 7–203(r), 7–204(f), 

7–204(f)(3), 7–204(g), 7–204(g)(1) & 

(g)(2), 7–205(a)(3) & (a)(4), 7– 

205(a)(4)(A), (B), (C) & (D), 7–208(b), 7– 

210, 7–215, 7–217(c), 7–311(h), 7–501, 

7–502(d), 7–504, 7–504(e)(1), 7–505, 7– 

505(c), 7–507(f)(1), 7–508(e)(2), 7– 


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510(c)(1), 7–510(d), 7–512, 7–606, 7– 

608, 7–705(b)(2), 7–705(d), 7–706(c), 7– 

708(c), 7–802, 7–803, 7–805(f)(2), 7– 

806(e), 7–811(b)(3), 7–811(b)(5)(A), 7– 

811(b)(6)(A), 7–811(i)(1), 7–811(i)(3)(A), 

7–812(c), 7–812(d), 7–813, 7–902(d), 7– 

911, 7–912(d)(2), Appendix I, II, III, IV 

& IX; Federal: Academic Laboratories 

Generator Standards and Technical 

Corrections [73 FR 72912, December 1, 

2008 and 75 FR 79304, December 20, 

2010] (Checklists 220 and 226)—State: 

7–103, 7–109(b)(4), 7–305(a)(7), 7– 

306(c)(1)(A), 7–306(d), 7–307(c)(1) and 

(6), 7–307(d), 7–308(b)(1) and (6), 7– 

308(c); OECD Requirements; Export 

Shipments of Spent Lead–Acid Batteries 

[75 FR 1236, January 8, 2010] (Checklist 

222)—State: 7–109(a), 7–204(f)(3), 7– 

307(c)(8 & 9), 7–308(b)(8 & 9), 7–402(b), 

7–504(e), 7–510(c), 7–704(c) & (e), 7– 

705(c) & (d), 7–706(c), 7–707(c) (but 

note that EPA directly administers the 

export and import requirements in 40 

CFR part 262, subpart H referenced by 

the State regulations); Hazardous Waste 

Technical Corrections and Clarifications 

[75 FR 12989, March 18, 2010 and 75 FR 

31716, June 4, 2010] (Checklist 223)— 

State: 7–103, 7–106(a), 7–109(a) & (a)(7), 

7–202(e), 7–203(j)(1), 7–203(j)(3), 7– 

204(f), 7–204(g), 7–207(a)(8), 7–209(b), 

7–210, 7–306, 7–306(a)(2) & (a)(3), 7– 

306(b) & (c), 7–307(c)(4), 7–308(a) & (b) 

and ‘‘Note’’ in (b), 7–310(a), 7–311(c), 7– 

504(e)(1), 7–510(c)(1), 7–512, 7–607, 7– 

608, 7–702(b)(12), 7–706(b), 7–707(a), 

(b) & (d), 7–708(a), Appendix I, III, & IV; 

Removal of Saccharin and Its Salts from 

the Lists of Hazardous Constituents [75 

FR 78918, December 17, 2010] 

(Checklist 225) —State: Appendix II & 

III; Revision of the Land Disposal 

Treatment Standards for Carbamate 

Wastes [76 FR 34147, June 13, 2011] 

(Checklist 227)—State: IBR, 7–106(a). 

In addition to the regulations listed 

above, there are various previously 

authorized state program regulations to 

which the state has made changes. The 

EPA is also authorizing these changes. 

These changes are as follows: Regarding 

Subchapter 1 of the State Regulations, 

Federal: definitions in 40 CFR 260.10— 

State: added definitions of elementary 

neutralization unit, tank system and 

wastewater treatment unit (instead of 

citing federal definitions), revised 

definitions of pesticidal waste, 

registration, and used oil, and removed 

the definition for ‘‘performance track 

member facility’’ in 7–103; Federal: 40 

CFR 262.12 (i.d. numbers)—State: 

provisions for temporary i.d. numbers 

added to 7–104; Federal: 40 CFR part 

260–279—State: general update to 

incorporation by reference of federal 

regulations, 7–109(a); Regarding 

Subchapter 2 of the State Regulations, 

Federal: 40 CFR 262.11 (waste 

determinations)—State: 7–202(d) 

revised to clarify recordkeeping 

requirements; Federal: 40 CFR 

261.4(a)(13) and (14) (scrap metal and 

shredded circuit board exemptions. 

Note: EPA interprets the scrap metal 

exemption to cover intact circuit boards 

that meet certain conditions.)—State: 

Revision to 7–204(h) allowing intact as 

well as shredded circuit boards, meeting 

the required conditions, to qualify for 

the exemption; Federal: 40 CFR 

261.2(c)(2)(ii), exemption for certain 

commercial chemical products burned 

as fuels—State: clarified container and 

tank marking requirements and added 

requirements for aggregation facilities, 

7–204(1)(4) and (6); Federal: 40 CFR 

261.33(c), regarding commercial 

chemical products listings—State: 7– 

214(d) and 7–215(d) revised to track the 

federal language; Regarding Subchapter 

3 of the State Regulations, Federal: 40 

CFR 262.12 (i.d. nos.)—State: 7–304(a), 

revision clarifying that temporary i.d. 

numbers are only issued for hazardous 

wastes that are episodically generated; 

Federal: 40 CFR 265.111, 265.114 and 

265.197 (generator closure)—State: 

revisions to generator closure 

requirements at 7–304(d) and 7– 

309(c)(2), being authorized as applied to 

tank closures and is broader in scope as 

applied to closure of other units; 

Federal: 40 CFR 262.34(d), small 

quantity generators—State: clarification 

of small quantity generator requirements 

in 7–307; Federal: 40 CFR 262.34(a), 

large quantity generators—State: 

clarification of large quantity generator 

requirements in 7–308; Federal: 40 CFR 

262.34(d)(5)(iv), regulation of small 

quantity generator emergency response 

requirements—State: revised, 7– 

307(c)(14) by revising subsection (A) 

and adding subsection (D) making it 

equivalent to the federal requirements; 

Federal: 40 CFR 265.32(b), preparedness 

and prevention requirements for large 

quantity generators and small quantity 

generators as referenced in 40 CFR 

262.34(a)(4) and 40 CFR 262.34(d)(4), 

respectively—State: revised to make the 

requirements more up-to-date with 

current practices (e.g., substituted 

reference to cell phone for reference to 

two-way radios), 7–307(c)(14)(B), 7– 

308(b)(14)(A)(iv), 7–309(a)(1)(B), and 7– 

309(a)(3)(B); Federal: 40 CFR 261.5, 

requirements for CESQGs—State: 7–306, 

except for 7–306(c)(1)(G) (fees). Note: 7– 

306 previously was authorized in 1999 

with respect to Checklist 153, we are 

now confirming that this provision is 

authorized for all purposes, not just 

with respect to Checklist 153; Federal: 

40 CFR 270.1(c), prohibition of 

unpermitted disposal of hazardous 

waste—State: 7–302(a), prohibiting 

disposal of hazardous waste by 

evaporation. Note: this provision was 

adopted by the State in 1998 but was 

inadvertently not previously authorized 

and is being authorized now; Regarding 

Subchapter 4 of the State Regulations, 

Federal: 40 CFR 263.12, transfer facility 

requirements—State: clarifying 

requirements for the management of offloaded containers of hazardous waste 

from transport vehicles, 7–404(b) 

(formerly 7–404(c)); Federal: 40 CFR 

part 263—State: clarification when 

transporter requirements apply, 7– 

401(b)(1)(A) and 7–405(d); Regarding 

Subchapter 5 of the State Regulations, 

Federal: 40 CFR 264.1(g)(6), 265.1(c)(10) 

and 270.1(c)(2)(v), elementary 

neutralization and wastewater treatment 

unit exemptions—State: revised 

exemption (changed cross-reference) at 

7–502(c); Federal: 40 CFR 262.34, as 

interpreted at 51 FR 10168—State: 7– 

502(o) revisions to generator treatment 

in containers and tanks standards, 

except for 7–502(o)(8) and revision to 

the note following 7–502(o)(10) (not yet 

submitted for authorization), and 

addition of 7–502(k)(1)(C); Federal: 40 

CFR 270.50, duration of permits—State: 

7–504(g), changing from 5 year permits 

to 10 year permits, as federally allowed; 

Regarding Subchapter 6 of the State 

Regulations, Federal: 40 CFR 260.30, 

variances—State: 7–608(d), (e) & (f) 

setting time limits on variances, as 

applied to any federally regulated 

wastes; Regarding Subchapter 8 of the 

State Regulations, Federal: 40 CFR 

279.11, specification used oil burned for 

energy recovery—State: revised 7–801 

and 7–802, and 7–812(c)(3) and added 

7–804(g) (being authorized except for 

(g)(3) which is broader in scope); 

Federal: 40 CFR 279.20—279.24, 

generator standards—State: 7–807(h), 

added record-keeping requirement; 

Regarding Subchapter 9 of the State 

Regulations, Federal: 40 CFR 273.11 and 

40 CFR 273.31, prohibitions of 

treatment by universal waste handlers— 

State: added Notes clarifying that drum 

top crushing is regulated as treatment 

rather than being considered an exempt 

recycling activity (this is equivalent to 

the federal approach with respect to 

universal waste handlers); Federal: 40 

CFR part 273, Standards for Universal 

Waste Management—State: 10 V.S.A. 

sec. 6680 designating postconsumer 

paint as universal waste and setting 

management standards, 7–901, 7–910, 

7–911, 7–912(a)&(b), 7– 

912(c)(1)&(c)(2)(A), 7–912(c)(2)Note, 7– 


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912(c)(3), 7–912(f)–(k), 7–913, 7–914, 7– 

915, 7–916. 

The final authorization of new state 

regulations and regulation changes is in 

addition to the previous authorization of 

state regulations, which remain part of 

the authorized program. Vermont 

initially received authorization for its 

base program requirements in 1985 and 

again in 1993. Vermont subsequently 

reformatted and renumbered various 

base program regulations, and submitted 

revised base program Checklists in 

connection with the EPA’s 1999 

authorization. The renumbered and 

reformatted provisions, as referenced in 

those Checklists, are part of the 

authorized program. See 64 FR 51706 

(Sept. 24, 1999). The current authorized 

program consists of the base program 

requirements together with the 

additional requirements and changes 

authorized by the EPA in the 1993, 

1999, 2000, 2005 and 2007 

authorizations. Added to this will be the 

requirements being authorized through 

this rulemaking today. 

H. Where are the revised state rules 

different from the federal rules? 

The most significant differences 

between the State rules being authorized 

and the Federal rules are summarized 

below. It should be noted that this 

summary does not describe every 

difference, or every detail regarding the 

differences that are described. Members 

of the regulated community are advised 

to read the complete regulations to 

ensure that they understand all of the 

requirements with which they will need 

to comply. 

1. More Stringent Provisions 

There are aspects of the Vermont 

program which are more stringent than 

the Federal program. All of these more 

stringent requirements are, or will 

become, part of the federally enforceable 

RCRA program when authorized by the 

EPA and must be complied with in 

addition to the State requirements 

which track the minimum Federal 

requirements. These more stringent 

requirements include the following: (a) 

the state has adopted the federal 

Academic Labs rule but has also added 

requirements for Laboratory 

Management Plans that are more 

stringent, 7–109(b)(4)(B) to (D); (b) the 

State has revised its exemption for 

commercial chemical product fuels in 

7–204(l)(6) by more stringently 

specifying the management 

requirements for aggregation facilities. 

As noted in our 2007 authorization, the 

underlying State exemption is 

equivalent to the combination of the 

federal exemption for commercial 

chemical product fuels being burned for 

energy recovery and the federal 

exemption for commercial chemical 

products being reclaimed, in 40 CFR 

261.2(c)(2)(ii) and (c)(3), respectively. 

2. Broader in Scope Provisions 

There are also aspects of the Vermont 

program which are broader in scope 

than the Federal program. The portion 

of the State requirements which are 

broader in scope are not considered to 

be part of the Federally enforceable 

RCRA program. However, they are fully 

enforceable under State law and must be 

complied with by sources in Vermont. 

These broader in scope requirements 

include the following: (a) the state has 

revised its Used Oil regulations by 

adding management standards in 7– 

804(g) for used oil that has been shown 

to meet fuel burning specifications 

(‘‘used oil fuel’’). The broader in scope 

provisions are found in 7–804(g)(3); (b) 

With respect to point source discharges 

of wastewaters that are hazardous 

wastes, the State has amended state 

regulation 7–203(q) to only exempt from 

its hazardous waste regulations those 

discharges that are ‘‘in compliance 

with’’ State water act requirements 

rather than exempting from hazardous 

waste requirements all discharges that 

are ‘‘subject to’’ the State water act 

requirements. The comparable federal 

exemption at 40 CFR 261.4(a)(2) 

exempts discharges that are ‘‘subject to’’ 

section 402 of the Clean Water Act. 

Thus the State is exempting fewer 

sources from hazardous waste 

regulation than does the federal 

exemption and is, therefore, regulating 

more broadly in scope. 

3. Different but Equivalent Provisions 

Vermont also has added a provision to 

its state statute which differs from the 

Federal regulations but has been 

determined to be equivalent to them. 

These State revisions will become part 

of the federally enforceable RCRA 

program when authorized by the EPA. 

These different but equivalent 

provisions are as follows. Vermont has 

added postconsumer paint to its 

Universal Waste rules through a state 

statutory provision found at 10 V.S.A. 

sec. 6680. We are authorizing this as 

being equivalent to the requirements of 

40 CFR part 273 Subpart G since we 

have determined that it is an 

appropriate universal waste to approve 

and that the rules allow the States the 

flexibility to add additional wastes to 

their list of universal wastes. In 

particular, we are authorizing the 

specific management requirements for 

these paint wastes as they are identified 

in the statute under sec. 6680(b) and (c). 

The statute also specifies that the 

existing state universal waste regulation 

requirements apply to the handling of 

postconsumer paint. In addition, EPA is 

reauthorizing the existing universal 

waste regulations as they are applied to 

the paint wastes. 

I. Who handles permits after the 

authorization takes effect? 

Vermont will issue permits for all the 

provisions for which it is authorized 

and will administer the permits it 

issues. EPA will implement and issue 

permits for any HSWA requirements for 

which Vermont is not yet authorized in 

the future. 

J. What is codification and is EPA 

codifying Vermont’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. We do this by 

referencing the authorized State rules in 

40 CFR Part 272. We reserve the 

amendment of 40 CFR Part 272, Subpart 

UU for this authorization of Vermont’s 

program until a later date. 

K. Administrative Requirements 

The Office of Management and Budget 

(OMB) has exempted this action (RCRA 

State Authorization) from the 

requirements of Executive Orders 12866 

(58 FR 51735, October 4, 1993) and 

13563 (76 FR 3821, January 21, 2011), 

therefore, this action is not subject to 

review by OMB. This action authorizes 

State requirements for the purpose of 

RCRA 3006 and imposes no additional 

requirements beyond those imposed by 

State law. Accordingly, I certify that this 

action will not have a significant 

economic impact on a substantial 

number of small entities under the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.). Because this action authorizes 

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 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 


emcdonald on DSK67QTVN1PROD with RULES
Federal Register / Vol. 78, No. 251 / Tuesday, December 31, 2013 / Rules and Regulations 79619 

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’’ as defined under 

Executive Order 12866. 

Under RCRA 3006(b), 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 

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 

F.R. 4729, February 7, 1996), in issuing 

this rule, EPA has taken the necessary 

steps to eliminate drafting errors and 

ambiguity, minimize potential litigation, 

and provide a clear legal standard for 

affected conduct. EPA has complied 

with Executive Order 12630 (53 F.R. 

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.). Executive Order 

12898 (59 FR 7629, Feb. 16, 1994) 

establishes federal executive policy on 

environmental justice. Its main 

provision directs federal agencies, to the 

greatest extent practicable and 

permitted by law, to make 

environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

Because this rule authorizes pre-existing 

State rules which are equivalent to, and 

no less stringent than existing federal 

requirements, and imposes no 

additional requirements beyond those 

imposed by State law and there are no 

anticipated significant adverse human 

health or environmental effects, the rule 

is not subject to Executive Order 12898. 

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. 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 nevertheless will be effective 60 

days after it is published, because it is 

an immediate final rule. 

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: November 5, 2013. 

H. Curtis Spalding, 

Regional Administrator, EPA Region 1. 

[FR Doc. 2013–31121 Filed 12–30–13; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

45 CFR Part 155 

[CMS–9957–CN; 9964–CN] 

RIN 0938–AR82; RIN 0938–AR74 

Patient Protection and Affordable Care 

Act; Program Integrity: Exchange, 

Premium Stabilization Programs, and 

Market Standards; Amendments to the 

HHS Notice of Benefit and Payment 

Parameters for 2014 Correction 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Final rule; correction. 

SUMMARY: This document corrects an 

error that appeared in the final rule 

published in the Federal Register on 

October 30, 2013 entitled, ‘‘Patient 

Protection and Affordable Care Act; 

Program Integrity: Exchange, Premium 

Stabilization Programs, and Market 

Standards; Amendments to the HHS 

Notice of Benefit and Payment 

Parameters for 2014.’’ 

DATES: Effective Date: December 30, 

2013. 

FOR FURTHER INFORMATION CONTACT: 

Scott Dafflitto (301) 492–4198. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In FR Doc. 2013–25326 of October 30, 

2013 (78 FR 65046), final rule entitled 

‘‘Patient Protection and Affordable Care 

Act; Program Integrity: Exchange, 

Premium Stabilization Programs, and 

Market Standards; Amendments to the 

HHS Notice of Benefit and Payment 

Parameters for 2014 (78 FR 65046), there 

was a technical nonconformity that is 

identified and corrected in the 

regulations text of this correction notice. 

This correction is effective December 

30, 2013, just as if it had been included 

in the document published on October 

30, 2013. 

The October 30, 2013 final rule 

implements provisions of the Patient 

Protection and Affordable Care Act 

(Pub. L. 111–148) and the Health Care 

and Education Reconciliation Act of 

2010 (Pub. L. 111–152) (collectively 

referred to as the Affordable Care Act). 

In relevant part, the October 30, 2013 

final rule establishes standards, at 45 

CFR part 155, subpart M, that require 

State Exchanges to submit certain 

reports to the Department of Health and 

Human Services (HHS) and to undertake 

certain recordkeeping and self-auditing 

activities to ensure compliance with 

Federal requirements, such as those 

governing eligibility determinations for 

advance payments of the premium tax 


emcdonald on DSK67QTVN1PROD with RULES