[Federal Register Volume 65, Number 91 (Wednesday, May 10, 2000)]
[Rules and Regulations]
[Pages 29973-29980]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-11426]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-6600-4]


West Virginia: Final Authorization of State Hazardous Waste 
Management Program Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate final rule.

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SUMMARY: West Virginia has applied to EPA for Final authorization of 
the revision to its hazardous waste program under the Resource 
Conservation and Recovery Act (RCRA). The revision covers statutory and 
regulatory changes to the State's authorized hazardous waste program, 
including the adoption of the Federal hazardous regulations, as amended 
through June 30, 1997, and the Federal final rules published in the 
Federal Register on December 8, 1997, May 26, 1998, June 8, 1998, and 
on June 19, 1998 with certain exceptions described in section H in the 
Supplementary Information section of this document. EPA has determined 
that its hazardous waste program revisions satisfy all of the 
requirements necessary to qualify for Final authorization, and is 
authorizing the state program revision through this immediate final 
action. EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial action and does not anticipate 
adverse comments. However, in the proposed rules section of this 
Federal Register, EPA is publishing a separate document that will serve 
as a proposal to authorize the revision should the Agency receive 
adverse comment. If EPA receives comments that oppose this action or 
portion(s) thereof, we will publish a document in the Federal Register 
withdrawing this rule or portion(s) thereof 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. Unless EPA 
receives adverse written comments during the review and comment period, 
the decision to authorize West Virginia's hazardous waste program 
revision will take effect as provided below.

DATES: This Final authorization for West Virginia will become effective 
without further notice on July 10, 2000, unless EPA receives adverse 
comments by June 9, 2000. Once again if EPA should receive such 
comments on its decision, the Agency will publish a timely withdrawal 
informing the public that this rule will not take effect.

ADDRESSES: Send written comments to Sharon McCauley, Mailcode 3WC21, 
RCRA State Programs Branch, U.S. EPA Region III, 1650 Arch Street, 
Philadelphia, PA 19103, Phone number: (215) 814-3376. EPA must receive 
your comments by June 9, 2000. Copies of the West Virginia program 
revision application and the materials which EPA used in evaluating the 
revision are available for inspection and copying from 8 a.m. to 4:30 
p.m., Monday through Friday at the following addresses: West Virginia 
Division of Environmental Protection, Office of Waste Management, 1356 
Hansford Street, Charleston, WV 25301-1401, Phone number: 304-558-4253 
and EPA Region III, Library, 2nd Floor, 1650 Arch Street, Philadelphia, 
PA 19103, Phone number: (215) 814-5254.

FOR FURTHER INFORMATION CONTACT: Sharon McCauley, Mailcode 3WC21, RCRA 
State Programs Branch, U.S. EPA Region III, 1650 Arch Street, 
Philadelphia, PA 19103, Phone number: (215) 814-3376.

SUPPLEMENTARY INFORMATION:

A. Why Are Revisions to State Programs Necessary?

    RCRA, as amended by the Hazardous and Solid Waste Amendments of 
1984 (HSWA), provides for authorization of State hazardous waste 
programs under Subtitle C. Under RCRA section 3006, EPA may authorize a 
State to administer and enforce the RCRA hazardous waste

[[Page 29974]]

program. See also 40 CFR part 271. In fact, Congress designed RCRA so 
that the entire Subtitle C program would eventually be administered by 
the States in lieu of the Federal Government. This is because the 
States are closer to, and more familiar with, the regulated community 
and therefore are in a better position to administer the programs and 
respond to local needs effectively.
    After receiving authorization, the State administers the program in 
lieu of the Federal government, although EPA retains enforcement 
authority under RCRA sections 3008, 3013, and 7003. Authorized States 
must revise their programs when EPA promulgates ``new'' Federal 
Standards that are more stringent or broader in scope than existing 
Federal Standards. States are not required to modify their programs 
when ``new'' Federal changes are less stringent than the existing 
Federal program or when changes reduce the scope of the existing 
Federal program. These changes are optional and are noted as such in 
the Federal Register (FR) documents in which the new Federal Standards 
are promulgated.
    States which have received Final authorization for EPA under 
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 hazardous waste program. As the Federal hazardous 
waste program changes, the States must revise their programs and apply 
for authorization of the revisions. Revisions to State hazardous waste 
programs may be necessary when Federal or State statutory or regulatory 
authority is modified or when certain other changes occur. Most 
commonly, States must revise 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.

B. What Decisions Have We Made In this Rule?

    EPA concludes that West Virginia's application for authorization of 
its program revisions meets all applicable statutory and regulatory 
requirements established by RCRA. Accordingly, EPA grants West Virginia 
Final authorization to operate its hazardous waste program as revised. 
West Virginia now has responsibility for permitting treatment, storage, 
and disposal facilities within its borders and for carrying out the 
aspects of the RCRA program described in its revised program 
application, subject to the limitations of HSWA. West Virginia also has 
primary enforcement responsibilities, although EPA retains the right to 
conduct inspections under section 3007 of RCRA, and to take enforcement 
actions under sections 3008, 3013 and 7003 of RCRA.

C. What is the Effect of Today's Authorization Decision?

    The effect of this decision is that a facility in West Virginia 
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. West Virginia has enforcement responsibilities under 
its state hazardous waste program for violations of such program, but 
EPA retains its authority under RCRA sections 3007, 3008, 3013, and 
7003, which include, among others, authority to:
    <bullet> Do inspections, and require monitoring, tests, analyses or 
reports.
    <bullet> Enforce RCRA requirements and suspend or revoke permits.
    <bullet> Take enforcement actions regardless of whether the State 
has taken its own actions.
    This action does not impose additional requirements on the 
regulated community because the regulations for which West 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 is authorizing the State's changes through this immediate final 
action and is publishing this rule without a prior proposal to 
authorize the changes because EPA believes it is not controversial and 
expects no comments that oppose this action. EPA is providing an 
opportunity for public comment now. In the proposed rules section of 
today's Federal Register EPA is publishing a separate document that 
proposes to authorize the State changes. If EPA receives comments which 
oppose this authorization or portion(s) thereof, 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 decision or 
portion(s) thereof, we will withdraw this authorization decision, or 
those portion(s) for which EPA received comments opposing its decision, 
by publishing a document in the Federal Register. We will address all 
public comments in a subsequent final action based on the proposed 
rule.
    If EPA receives comments that oppose only the authorization of a 
particular change to the State hazardous waste program, we may withdraw 
only that part of today's authorization rule. The authorization of the 
program changes that are not opposed by any comments may become 
effective on July 10, 2000. The Federal Register withdrawal document 
will specify which part of the authorization will become effective, and 
which part is being withdrawn.
    You should send written comments to Sharon McCauley, Mailcode 
3WC21, RCRA State Programs Branch, U.S. EPA Region III, 1650 Arch 
Street, Philadelphia, PA 19103, Phone number: (215) 814-3376. We must 
receive your comments by June 8, 2000. You may not have an opportunity 
to comment again. If you want to comment on this action you must do so 
at this time.

F. What Has West Virginia Previously Been Authorized For?

    West Virginia initially received Interim authorization, Phase I and 
Phase II, Components A and B on March 28, 1984. Effective May 29, 1986 
(51 FR 17739), West Virginia received Final authorization to implement 
its base hazardous waste management program. Since receiving Final 
authorization, West Virginia has restructured its hazardous waste 
management program and revised its statutes and regulations. West 
Virginia's Attorney General's Statement, dated April 18, 1986, which 
was a component of the State's original Final authorization, cited the 
West Virginia Code, Chapter 20, Article 5E, as the State Hazardous 
Waste Management Act (HWMA). The West Virginia HWMA, Chapter 20 Article 
5E, was originally written to give the primary implementation authority 
for the State's hazardous waste program (HWP) to the West Virginia 
Department of Natural Resources (WVDNR). Therefore, from 1981 until 
1992, the WVDNR was the lead agency assigned HWP responsibilities. The 
State government, however, underwent a major reorganization in 1992 and 
the West Virginia Division of Environmental Protection (WVDEP) was 
formed. On July 1, 1992, Executive Order No. 8-92 signed by Governor 
Gaston Caperton transferred all sections of the Office of Waste 
Management from the WVDNR to the WVDEP. Subsequently, during the 1994 
State Legislative Session, the Environmental Protection Reorganization 
Bill was passed, officially transferring all environmental statutes 
formerly enforced by the WVDNR to the WVDEP. In July 1994, the West 
Virginia Legislature enacted into law Article 18 of Chapter 22 of the 
West Virginia Code (W. Va. Code) which replaced Article 5E of Chapter 
20 of the West Virginia as the State Hazardous

[[Page 29975]]

Waste Management Act (HWMA). The WVDEP was originally under the 
Department of Labor, Commerce and Environmental Resources. This 
Department was abolished by the Legislature in 1994, and the agencies 
were reorganized, with the WVDEP being placed under the Bureau of 
Environment. The Director of WVDEP also is the Commissioner of the 
Bureau of Environment and answers directly to the Governor.
    The Office of Waste Management (OWM) is the office within WVDEP 
that is primarily responsible for regulation of hazardous waste 
management within the State. In 1997, OWM was restructured and an 
additional agency, the Office of Environmental Remediation, was created 
to regulate brownfields and voluntary clean-up sites. Additionally, 
within the WVDEP, the Office of Air Quality (OAQ) regulates hazardous 
waste air emissions; and outside of the WVDEP, two additional agencies, 
the Division of Highways (DOH) and the Public Service Commission (PSC), 
regulate aspects of hazardous waste transportation. Within the OWM, 
regulatory authority over hazardous waste is assigned to Compliance 
Assurance and Emergency Response (CAER) and the Hazardous Waste 
Management Section (HWMS). All aspects of hazardous waste management 
including compliance monitoring, enforcement and permitting are handled 
by these two sections, with the exception of air permits, which are 
handled by the OAQ. The OWM's Compliance Assurance and Emergency 
Response is the lead agency for communication between the State and the 
EPA, although HWMS and OAQ communicate with EPA on specific matters. 
CAER works with the Office of Legal Services (OLS) within DEP on 
matters such as the review of proposed rules and regulations and civil 
enforcement actions. West Virginia Code section 22-1-6(d)(7) (1996 
Cumulative Supplement) authorized the Director of WVDEP to ``employ in-
house counsel to perform all legal services for the director and 
division, including, but not limited to, representing the director, any 
chief, the division or any office thereof in any administrative 
proceedings or in any proceeding in state or federal court.''
    The State Legislature has made numerous amendments to the 
regulations promulgated under the State's Hazardous Waste Management 
Act in order to remain consistent with, and equivalent to, the Federal 
regulations promulgated under RCRA Subtitle C. Specifically, West 
Virginia has revised the format of its hazardous waste regulations to 
one of adoption and incorporation of the full text of the Federal 
regulatory language, with modifications made as necessary, to 
incorporation of the Federal regulations by reference. Incorporation by 
reference is authorized by W. Va. Code section 22-1-3(c) which states 
``if the director determines that the rule should be the same in 
substance as a counterpart regulation, then to the greatest degree 
practical, such proposed rule shall incorporate by reference the 
counterpart federal regulation.''
    West Virginia submitted, on an annual basis, several draft 
regulations to EPA. The Agency reviewed each set of draft regulations 
and submitted comments to West Virginia. On January 13, 2000, West 
Virginia submitted a final complete program revision application, 
seeking authorization for the restructuring of its hazardous waste 
program, as well as authorization of its additional program revisions, 
in accordance with 40 CFR 271.21. EPA Region III worked closely with 
West Virginia to develop the authorization package; therefore, EPA's 
comments relative to West Virginia's legal authority to carry out the 
Federally-delegated programs, the scope of and coverage of activities 
regulated, State procedures, including the criteria for permit reviews, 
public participation and enforcement capabilities, were addressed 
before the submission of the final application by the State. The State 
also solicited public comments on its draft regulations. The EPA 
reviewed West Virginia's application, and now makes an immediate final 
decision, subject to receipt of adverse written comments, that West 
Virginia's hazardous waste program revision satisfies all of the 
requirements necessary to qualify for Final authorization. 
Consequently, EPA intends to grant West Virginia Final authorization 
for the program modifications contained in the program revision 
application.

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

    West Virginia's program revision application includes State 
regulatory changes that are equivalent to the Federal regulations 
published in the July 1, 1997 version of Title 40 of the Code of 
Federal Regulations, parts 124, 260 through 266, 268, 270, 273 and 279, 
plus the Federal requirements for ``Availability of Information,'' as 
addressed in RCRA section 3006(f), and the final rules published in the 
Federal Register on December 8, 1997 (62 FR 64636), May 26, 1998 (63 FR 
28556), June 8, 1998 (63 FR 31266) and June 19, 1998 (63 FR 33782).
    West Virginia is today seeking authority to administer the Federal 
requirements that are listed in the chart below. This chart also lists 
the State analogs that are being recognized as no less stringent than 
to the appropriate Federal requirements. Unless otherwise stated, the 
State's statutory references are to the West Virginia Code (W. Va. 
Code), 1994 Cumulative Supplement, Chapter 22--Environmental Resources, 
Article 1 (Division of Environmental Protection), Article 5 (Air 
Pollution Control), and Article 18 (Hazardous Waste Management Act). 
The regulatory references are to the following Legislative Rules: Title 
33, Series 20, Code of State Regulations (33CSR20), ``Hazardous Waste 
Management Rule'', effective July 1, 1999; 45CSR25, ``To Prevent and 
Control Air Pollution From Hazardous Waste Treatment, Storage, or 
Disposal Facilities,'' effective June 1, 1999; 157CSR7, ``Emergency 
Rulemaking for the Transportation of Hazardous Wastes Upon Roads and 
Highways,'' effective April 28, 1999; as well as the proposed rules for 
``Transportation of Hazardous Waste Upon Roads and Highways'' submitted 
to the State Legislative Review Committee on October 5, 1999; 150CSR11, 
``Rules and Regulations Governing the Transportation of Hazardous Waste 
By Rail,'' effective November 8, 1999; 46CSR12, ``Requirements 
Governing Groundwater Standards,'' effective July 1, 1998; and 46CSR8, 
``Rules on Requests for Information,'' effective February 18, 1996.

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            Federal requirement <SUP>1</SUP>                              Analogous West Virginia authority
----------------------------------------------------------------------------------------------------------------
Part 260--Hazardous Waste Management System:   West Virginia Code (W. Va. Code) Secs.  22-18-3, 22-18-5(a), 22-
 General, as of July 1, 1997.                   18-6(a), 22-18-6(a)(12)(D), 22-18-23; Hazardous Waste Management
                                                Regulations (HWMR) Secs.  33-20-1.1, 33-20-1.6, 33-20-2.1
                                                (except 2.1.a.2 and a.3), 33-20-2.2, 33-20-2.3, 33-20-2.4, 33-20-
                                                2.5, 45-25-1.5.a/Table 25-A (Item 22), 45-25-2, 45-25-3.1, 150-
                                                11-1.5, 150-11-6, 150-11-7, 157-7-2.

[[Page 29976]]

 
Part 261--Identification and Listing of        W. Va. Code Secs.  22-18-6(a)(2), 22-18-6(a)(12), 22-18-
 Hazardous Waste, as of July 1, 1997.           6(a)(13)(C), 22-18-5(a), 22-18-6(a), 22-18-23; HWMR Secs.  33-20-
                                                1.6, 33-20-2.3, 33-20-3.1, 33-20-3.2, 33-20-3.4, 33-20-4.2.b, 45-
                                                25-1.5.a-Table 25-A (Item 20), 45-25-4.15, 45-25-6.1, 45-25-6.2,
                                                150-11-1.5, 157-7-2.1.
Part 262--Standards Applicable to the          W. Va. Code Secs.  22-18-6(a), 22-18-6(a)(3), 22-18-6(a)(12)(D),
 Generators of Hazardous Wastes, as of July     22-18-6(a)(15), 22-18-6(a)(9), 22-18-7(a)-(c), 22-18-5(a), 22-18-
 1, 1997.                                       23; HWMR Secs.  33-20-1.6, 33-20-4, 33-20-5.1, 33-20-5.2, 33-20-
                                                5.3, 33-20-5.4, 45-25-1.5.a-Table 25-A (Item 21), 157-7-3.1.1.
Part 263--Standards Applicable to the          W. Va. Code Secs.  22-18-5(a), 22-18-6(a)(9), 22-18-6(a)(12)(D),
 Transporters of Hazardous Wastes, as of July   22-18-6(a)(15), 22-18-7(a)-(c), 22-18-23, 22-18-2(b)(2); HWMR
 1, 1997.                                       Secs.  33-20-1.6, 33-20-4, 33-20-6.1, 33-20-6.2, 150-11-1.1, 150-
                                                11-1.6, 150-11-1.7, 150-11-1.8, 150-11-1.10, 150-11-1.11, 150-11-
                                                1.13.1 & 1.13.2, 150-11-2.1.1, 150-11-2.1.2, 150-11-2.2 through
                                                2.8, 150-11-3.1 through 3.4, 150-11-5.1 through 5.5, 157-7-1.1,
                                                157-7-1.6, 157-7-2.7, 157-7-3.1 through 3.5, 157-7-4.1, 157-7-
                                                4.2, 157-7-4.3, 157-7-5.1, 157-7-5.3, 157-7-5.4, 157-7-6.1
                                                through 6.5.
Part 264--Standards for Owners and Operators   W. Va. Code Secs.  22-18-5(a)&(c), 22-12-4, 22-18-6(a), 22-18-
 of Hazardous Waste Treatment, Storage, and     6(a)(4), 22-18-6(a)(12)-(15), 22-18-7(e), 22-18-23, 22-18-25(1),
 Disposal Facilities, as of July 1, 1997.       22-5-1, 22B-3-4; HWMR Secs.  33-20-1.6, 33-20-1.6/Table 25-A
                                                (Item 10), 33-20-4, 33-20-7.1, 33-20-7.2, 33-20-7.4, 33-20-7.5,
                                                33-20-7.6, 33-20-7.7, 33-20-7.8, 33-20-12, 45-25-1.1.a & b, 45-
                                                25-3.2, 45-25-3.2/Table 25-A (Items 1, 4, 6, 8, 10), 45-25-4.1,
                                                45-25-4.2, 45-25-4.3, 45-25-4.4, 45-25-4.5/Table 25-A (Item 10),
                                                45-25-4.6/Table 25-A (Item 10), 45-25-4.7, 45-25-4.8, 45-25-4.9,
                                                45-25-4.10, 45-25-4.11, 45-25-4.12, 45-25-4.15.
Part 265--Interim Status Standards for Owners  W. Va. Code Secs.  22-18-11, 22-18-5(a), 22-18-23, 22-18-6(a)(4);
 and Operators of Hazardous Waste Treatment,    HWMR Secs.  33-20-1.6, 33-20-8.1 through 8.6, 45-25-1.1.a & b,
 Storage, and Disposal Facilities, as of July   45-25-3.2.d, 45-25-3.2/Table 25-A (Items 1, 6, 8, 10, 12), 45-25-
 1, 1997.                                       4.1, 45-25-4.2, 45-25-4.3, 45-25-4.4, 45-25-4.5, 45-25-4.6, 45-
                                                25-4.7, 45-25-4.9, 45-25-4.10, 45-25-4.11, 45-25-4.15.
Part 266--Standards for the Management of      W. Va. Code Secs.  22-18-5(a)&(c), 22-18-6(a), 22-18-6(a)(12),
 Specific Hazardous Wastes and Specific Types   (13) & (15), 22-18-23, 22-5-1; HWMR Secs.  33-20-1.6, 33-20-9,
 of Hazardous Waste Management Facilities, as   45-25-1.1.a & b, 45-25-3.2/Table 25-A (Item 13), 150-11-1.1, 150-
 of July 1, 1997.                               11-1.5, 150-11-10.1, 150-11-10.2 through 10.4, 150-11-10.5, 157-
                                                7-1.1, 157-7-1.6, 157-7-5.1.
Part 268--Land Disposal Restrictions, as of    W. Va. Code Secs.  22-18-5(a), 22-18-6(a)(12)(A), 22-18-
 July 1, 1997.                                  6(a)(12)(B); 22-18-6(a)(12)(D), 22-18-23, 22-18-6(a)(2); HWMR
                                                Secs.  33-20-1.6, 33-20-10.1 through 10.4.
Part 270--The Hazardous Waste Permit Program,  W. Va. Code Secs.  22-18-8, 22-18-6(a)(4)(G), 22-18-6(a)(5), 22-
 as of July 1, 1997.                            18-6(a)(8), 22-18-6(a)(11), 22-18-6(a)(13)(A),(B),&(C), 22-18-
                                                10, 22-18-11, 22-18-5(a), 22-18-23, 22-18-12; HWMR Secs.  33-20-
                                                1.6, 33-20-11.1, 33-20-11.2, 33-20-11.3, 33-20-11.19, 33-20-
                                                11.20, 33-20-11.21, 33-20-11.22, 45-25-2, 45-25-3.2/Table 25-A
                                                (Items 2, 3, 5, 7, 9, 11, 14, 15, 18, 19), 45-25-4.13, 45-25-
                                                4.14, 45-25-5.15, 45-25-5.16.
Part 124--Permit Procedures, as of July 1,     W. Va. Code Secs.  22-18-8, 22-18-6(a)(5), 22-18-6(a)(8), 22-18-
 1997.                                          10, 22-18-23; HWMR Secs.  33-20-11.8.a-f, 33-20-11.5, 33-20-
                                                11.6, 33-20-11.7, 33-20-11.9 (except 11.9.d), 33-20-11.10, 33-20-
                                                11.11, 33-20-11.12, 33-20-11.13, 33-20-11.14, 33-20-11.15, 33-20-
                                                11.16, 33-20-11.18.a, 33-20-11.18.b (except 11.18.b.7), 33-20-
                                                11.18.d, 45-25-5.4.a-f, 45-25-5.1, 45-25-5.2, 45-25-5.3, 45-25-
                                                5.5 (except 5.5.d), 45-25-5.6, 45-25-5.7, 45-25-5.8, 45-25-5.9,
                                                45-25-5.10, 45-25-5.11, 45-25-5.12, 45-25-5.13, 45-25-5.14.a, 45-
                                                25-5.14.b, 45-25-5.14.d.
Part 273--Standards for Universal Waste        W. Va. Code Secs.  22-18-5(a) and Sec.  22-18-23; HWMR Secs.  33-
 Management, as of July 1, 1997.                20-1.6, 33-20-2.5.d, 33-20-13.1, 33-20-13.4 through 13.8, 150-11-
                                                1.1, 150-11-8.1 through 8.7, 157-7-1.1, 157-7-1.6, 157-7-5.1.
Part 279--Standards for the Management of      W. Va. Code Secs.  22-18-6(a)(14), 22-18-6(a)(15), 22-18-23; HWMR
 Used Oil, as of July 1, 1997.                  Secs.  33-20-1.6, 33-20-14.1, 33-20-14.2, 33-20-14.3, 45-25-3.2/
                                                Table 25-A (Item 16 &17), 150-11-1.1, 150-11-1.12, 150-11-9.1,
                                                150-11-9.2, 150-11-9.3 through 9.9, 157-7-1.1, 157-7-1.6, 157-7-
                                                5.1.
----------------------------------------------------------------------------------------------------------------
                                               Non-HSWA Cluster I
----------------------------------------------------------------------------------------------------------------
Availability of Information (AI) (RCRA         W. Va. Code Sec.  22-18-12; The West Virginia Freedom of
 3006(f) Checklist).                            Information Act, W. Va. Code (1994 Supplement) Chapter 29B, Sec.
                                                 29B-1-1 et seq.; HWMR Secs.  33-20-11.19, 46-8-1 through 46-8-
                                                11.
----------------------------------------------------------------------------------------------------------------
                                                 HSWA Cluster I
----------------------------------------------------------------------------------------------------------------
Sharing of Information With the Agency for     W. Va. Code Secs.  22-1-6(c), 22-18-12; HWMR Sec.  33-20-11.19.
 Toxic Substances and Disease Registry (SI)
 (RCRA Sec.  3019(b)).
----------------------------------------------------------------------------------------------------------------
                                                RCRA Cluster VIII
----------------------------------------------------------------------------------------------------------------
Organic Air Emission Standards for Tanks,      W. Va. Code Secs.  22-1-3(c), Sec.  22-5-1, 22-18-6(a), 22-18-
 Surface Impoundments, and Containers,          6(a)(13)(A)&(B); 22-18-23; HWMR Secs.  33-20-1.6, 33-20-7.2, 33-
 December 8, 1997 (62 FR 64636). (Revision      20-7.8, 33-20-8.1, 33-20-8.6, 33-20-11.1, 45-25-1.1.a, & b, 45-
 Checklist 163).                                25-1.5.a, 45-25-1.5.c, 45-25-3.2/Table 25-A (Items 6, 8, 10,
                                                11).
----------------------------------------------------------------------------------------------------------------

[[Page 29977]]

 
Land Disposal Restrictions Phase IV--          W. Va. Code Secs.  22-18-6(a), 22-18-6(a)(12)(A), 22-18-
 Treatment Standards for Metal Wastes and       6(a)(12)(B), 22-18-6(a)(12)(D), 22-18-23; HWMR Secs.  33-20-1.6,
 Mineral Processing Wastes; Mineral             33-20-3.1, 33-20-3.5, 33-20-10.1, 33-20-10.6.
 Processing Secondary Metals and Bevill
 Exclusion Issues; Treatment Standards for
 Hazardous Soils, and Exclusion of Recycled
 Wood Preserving Wastewaters, May 26, 1998
 (63 FR 28556), as amended on June 8, 1998
 (63 FR 31266). (Revision Checklists 167A-F).
Hazardous Waste Combustors Revised Standards,  W. Va. Code Secs.  22-18-6(a), 22-18-6(a)(5), 22-18-23; HWMR
 June 19, 1998 (63 FR 33782). (Revision         Secs.  33-20-3.6, 33-20-11.9.d, 45-25-5.5.d, 45-25-6.3.
 Checklist 168).
----------------------------------------------------------------------------------------------------------------
<SUP>1</SUP> Federal Regulations as Published in the 40 CFR, as of July 1, 1997 (Base Program through RCRA Cluster VIII).

    In today's action, EPA is authorizing West Virginia's program 
revisions based in part on emergency rules adopted by the West Virginia 
Division of Highways. Also in today's action, EPA is authorizing rules 
that are expected to be adopted by the West Virginia Legislature by 
March 30, 2000 which will replace the above-referenced emergency rules. 
These legislatively-adopted rules will be identical to the emergency 
rules, with the exception that the current incorporation by reference 
date of the Federal regulations will be updated from July 1, 1997 to 
July 1, 1998, and the current incorporation by reference date of the 
West Virginia Office of Waste Management's rules will be updated from 
July 1, 1998 to July 1, 1999, which is only a ministerial change 
without any legal implication for the purpose of these rules. EPA's 
authorization of these legislative rules will take effect on the date 
West Virginia's legislative rules take effect, which is likely to be on 
or before July 1, 2000--before the expiration of the emergency rules.
    Due to an administrative oversight, the West Virginia Division of 
Highways did not submit final regulatory changes to the 1999 session of 
the West Virginia Legislature for approval, after the initial 
legislative review of draft regulations. In an effort to rectify this 
situation, the West Virginia Division of Highways adopted emergency 
rules on April 28, 1999 to address necessary regulatory revisions. 
These regulatory revisions were necessary to conform to updated EPA 
regulations and regulations of companion state agencies involved in the 
regulation of hazardous waste. These emergency rules (1) update 
obsolete regulatory and statutory references, along with new agency 
names, addresses and telephone numbers, (2) add provisions to require 
transporters to give a copy of the manifest to a U.S. Customs official 
at the point where waste departs from the United States, and (3) in 
accordance with EPA regulations, relax manifesting requirements for 
military munitions, universal wastes and used oil to be consistent with 
federal Department of Transportation rules. The Division of Highways' 
emergency rules are in effect only for 15 months (i.e., until July 28, 
2000) or until rules adopted by the Legislature replace them, whichever 
occurs first.
    EPA does not typically authorize states based in part on emergency 
rules because of their temporary nature. However, EPA is confident that 
the West Virginia Legislature will approve the conforming legislative 
rules that the Division of Highways will submit for approval in the 
upcoming legislative session because: (1) in preparation for the prior 
session of the Legislature, a legislative review committee already 
reviewed and commented on an initial draft of the regulations; (2) the 
Legislature has already approved substantively similar regulations for 
three other co-regulating authorities in West Virginia; and (3) the 
legislative review committee has already concurred on the regulations 
to be submitted for legislative approval in the spring of 2000.
    EPA intends to authorize, at this time, both the Division of 
Highways' emergency rules and the legislative rules that will replace 
them. This eliminates the need for West Virginia to apply for, and for 
EPA to approve, a formal program revision for a perfunctory procedure 
which makes the Division of Highways' emergency rules permanent. Also, 
by authorizing the emergency and the legislative rules in one action 
rather than in two separate actions, it will be clearer to the public 
that both these aspects of the West Virginia hazardous waste program 
are now Federally authorized.

H. Where Are the Revised State Rules Different From the Federal 
Rules?

    The West Virginia hazardous waste program contains several 
provisions which are more stringent than is required by the RCRA 
program. The more stringent provisions are being recognized as a part 
of the Federally-authorized program and include the following:
    1. At HWMR section 33-20-2.5, West Virginia is more stringent 
because the State has additional requirements for persons who have 
petitioned and received approval from EPA to include additional wastes 
as universal wastes.
    2. West Virginia's provision at HWMR section 33-20-3.1.a is more 
stringent in that there are additional requirements to satisfy in order 
to qualify for an exemption as an operator of a wastewater treatment 
facility receiving mixtures of wastes.
    3. At HWMR section 33-20-3.2, West Virginia excepts 40 CFR 
261.5(f)(3)(iv)&(v) and 261.5(g)(3)(iv) and (v) from incorporation by 
reference and subjects conditionally exempt small quantity generators 
(CESQGs) to the notification requirements at HWMR section 33-20-4. West 
Virginia is more stringent because unlike the Federal provisions at 40 
CFR 261.5(f)(3)(iv)&(v) and 261.5(g)(3)(iv)&(v), the State does not 
allow CESQGs to deliver hazardous wastes to facilities that are 
permitted, licensed or registered to manage municipal solid waste or 
non-municipal non-hazardous waste. The State is also more stringent by 
subjecting CESQGs to the notification requirements located in HWMR 
section 33-20-4.
    4. At HWMR section 33-20-4.2.b, West Virginia subjects persons 
exempted from the Federal notification requirements as specified at 40 
CFR 261.6(b) to the State's notification requirements.
    5. At HWMR section 33-20-5.3 and 5.4, West Virginia has adopted the 
requirements addressed by 40 CFR part 262, subparts E and H, and has 
correctly left the implementation authority with EPA for the non-
delegable hazardous waste import and export requirements. West Virginia 
is more stringent in that at sections 33-20-5.3 and 5.4, the State 
requires that copies of all documentation, manifests, exception 
reports, annual reports or records, inter alia, submitted to EPA must 
also be submitted to the Chief of the Office of

[[Page 29978]]

Waste Management within the same timeframes as specified in 40 CFR part 
262, subparts E and H.
    6. At HWMR section 33-20-7.4, West Virginia makes it clear that the 
notification requirements at 40 CFR 264.12(a)(1)&(2) are retained by 
EPA; however, the State requires that identical notice be sent to the 
Chief of the Office of Waste Management. This makes the State more 
stringent.
    7. At HWMR section 33-20-8.3, West Virginia excepts the provisions 
of 40 CFR 265.12(a) from its incorporation by reference; thus, the 
provisions are retained by EPA. The State requires that identical 
notice be sent to the Chief of the Office of Waste Management, thus 
making the State more stringent.
    8. At HWMR sections 150-11-5.3.1 & .2 and 157-7-6.3.1 & .2, West 
Virginia has more stringent notification requirements than 40 CFR 
263.30(c)(1). Also, West Virginia has more stringent reporting 
requirements at sections 157-7-6.4.1 & .2 than found at 40 CFR 
263.30(c)(2).
    9. At HWMR section 33-20-13.6, West Virginia excepts 40 CFR 273.20, 
273.40, and 273.56 from the substitution of terms in Subdivision 1.6.a. 
By doing so, EPA remains the regulatory agency for exports. The State 
is more stringent in that persons subject to the provisions of 40 CFR 
273.20, 273.40, and 273.56 must file copies of all records submitted to 
EPA with West Virginia's Chief of the Office of Waste Management.
    The State's regulations include a number of provisions that are not 
part of the State's program being authorized by today's action. Such 
provisions include the following:
    1. West Virginia is not seeking authorization for the Federal 
delisting requirements at 40 CFR 260.22 [Revision Checklist 17B (50 FR 
28702-28755, July 15, 1985), as amended (54 FR 27114, June 27, 1989)]. 
However, at section 33-20-2.4, the State requires that persons desiring 
to exclude a waste at a particular facility from the lists set forth at 
40 CFR part 261 may petition the Chief of the Office of Waste 
Management for such an exclusion after having received approval from 
the Administrator of the Environmental Protection Agency. At section 
33-20-2.4.a through 33-20-2.4.c, the State has additional requirements 
for persons who have petitioned and received approval from EPA to 
exclude a waste at a particular facility. At section 33-20-2.5, the 
State also has additional requirements for persons who have petitioned 
and received approval from EPA to include additional wastes as 
universal wastes. The State is planning to apply for this provision in 
subsequent authorization revision applications to be submitted on an 
annual basis, as necessary.
    2. West Virginia is not seeking authority over the Federal 
corrective action program under HSWA as addressed by Revision Checklist 
17L (50 FR 28702-28755, July 15, 1985), Revision Checklist 44A (52 FR 
45788-45799, December 1, 1987), Revision Checklist 44B (52 FR 45788-
45799, December 1, 1987), Revision Checklist 44C (52 FR 45788-45799, 
December 1, 1987), and Revision Checklist 121 (58 FR 8658-8685, 
February 16, 1993). EPA will continue to administer this part of the 
program. The State is planning to apply for this provision in 
subsequent authorization revision applications to be submitted on an 
annual basis, as necessary.
    3. The provisions in 40 CFR part 262, subpart H were added by the 
final rule addressed by Revision Checklist 152 (61 FR 16920-16316, 
April 12, 1996). West Virginia has incorporated the 40 CFR part 262, 
subpart H provisions into its regulations; however, the State has 
excepted these requirements from the substitution of terms at section 
33-20-1.6.a; because, those provisions that are not delegable to States 
remain the purview of EPA. West Virginia is not seeking authorization 
for the items in this checklist.
    4. The West Virginia provisions at W. Va. Code section 22-18-
6(a)(11), HWMR sections 33-20-11.4 and 45-25-7, addressing permit fees, 
are broader in scope than the Federal program.
    5. In addition to pesticides, lead acid batteries, and thermostats 
included, at HWMR sections 33-20-2.1.a.2, 33-20-2.1.a.3, 33-20-3.3, 33-
20-7.3, 33-20-8.2, 33-20-10.2, 33-20-11.2, 33-20-13.2 , 33-20-13.4 and 
33-20-13.5, West Virginia also regulates mercury containing lamps as a 
universal waste, subject to the requirements of 40 CFR part 273, which 
the State incorporates by reference. The final rule of May 11, 1995 (60 
FR 25492) permits States to add other hazardous wastes to their 
universal waste program. However, West Virginia is being authorized for 
only the three wastes streams included in the Federal program. The 
State is not being authorized for its requirements for mercury 
containing lamps. The State is planning to apply for this provision in 
subsequent authorization revision applications to be submitted on an 
annual basis, as necessary.
    6. At W. Va. Code sections 22-18-25(2) and 22-18-25(3), West 
Virginia has authority that is analogous to RCRA section 3004(t) 
addressing direct cause of action against insurers. The Federal 
requirement is not applicable to States. West Virginia's law equivalent 
to RCRA section 3004(t) operates separately from the Federal law. In 
this situation, the West Virginia law which provides for a direct cause 
of action against insurers creates a parallel cause of action viable in 
State courts, but the cause of action does not limit the availability 
of the Federal action.
    7. West Virginia is not seeking authorization for the Office of Air 
Quality provision at HWMR section 45-25-4.12 which requires owners and 
operators of hazardous waste treatment, storage and disposal facilities 
to use best available control technology (BACT) to limit the discharge 
of hazardous waste constituents to the atmosphere.
    8. West Virginia's definition of solid waste at W. Va. Code section 
22-18-3(16) is the same as the Federal definition at RCRA section 
1004(27). W. Va. Code section 22-18-6(a)(2) provides the State with the 
authority to establish criteria for identifying the characteristics of 
hazardous waste and listing particular hazardous wastes which are 
subject to the provisions of the State's Hazardous Waste Management 
Act. However, West Virginia is not seeking authorization for the 
regulation of radioactive mixed wastes. The State is planning to apply 
for this provision in subsequent authorization revision applications to 
be submitted on an annual basis, as necessary.
    Unless EPA receives comments opposing this action by June 9, 2000 
and publishes a Federal Register document withdrawing the immediate 
final rule or portions thereof, this Final authorization approval will 
become effective without further notice on July 10, 2000.

I. Who Handles Permits After This Authorization Takes Effect?

    EPA shall administer any RCRA hazardous waste permits, or portions 
of permits, that contain conditions based on the Federal provisions for 
which the State is applying for authorization and which were issued by 
EPA prior to the effective date of this authorization. EPA will suspend 
issuance of any further permits under the provisions for which the 
State is being authorized on the effective date of this authorization. 
EPA will also transfer any pending permit applications and pertinent 
file information to the State within thirty (30) days of the effective 
date of this authorization.
    Upon authorization of the State program for any additional portions 
of HSWA, EPA will suspend issuance of Federal permits for hazardous 
waste treatment, storage, and disposal

[[Page 29979]]

facilities mandated by HSWA in the State, in those areas for which the 
State is receiving authorization. If EPA promulgates standards for 
additional processes or regulations mandated by HSWA not covered by the 
State's authorized program, EPA will process and enforce RCRA permits 
in the State in those new areas until the State receives final 
authorization of equivalent State standards. At such time that the 
State program is approved in the new areas, EPA will suspend issuance 
of Federal permits issued at the request of the permittee pursuant to 
40 CFR 124.5 and 271.8.
    EPA will be responsible for enforcing the terms and conditions of 
the Federal portion of the permits until they expire or are terminated 
in accordance with 40 CFR 124.5 and 271.8.
    The State and EPA will jointly administer implementation of those 
HSWA provisions for which the State has not received authorization 
until such time as it receives authorization from EPA to implement the 
remaining HSWA provisions in lieu of EPA.

J. How Does Today's Action Affect Indian Country (18 U.S.C. 115) in 
West Virginia?

    West Virginia is not seeking authorization to operate the program 
on Indian lands, since there are no Federally-recognized Indian Lands 
in the State.

K. What Is Codification and Is EPA Codifying West 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 uses 40 CFR part 272 
for codification of the decision to authorize West Virginia's program 
and for incorporation by reference of those provisions of its statutes 
and regulations that EPA will enforce under sections 3008, 3013 and 
7003 of RCRA. EPA reserves amendment of 40 CFR part 272, subpart XX, 
for such future use.

L. Regulatory Analysis and Notices

Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, EPA 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``Federal mandates'' that 
may result in expenditures to State, local, and tribal governments, in 
the aggregate, or to the private sector, of $100 million or more in any 
one year. Before promulgating an EPA rule for which a written statement 
is needed, section 205 of the UMRA generally requires EPA to identify 
and consider a reasonable number of regulatory alternatives and adopt 
the least costly, most cost-effective or least burdensome alternative 
that achieves the objectives of the rule. The provisions of section 205 
do not apply when they are inconsistent with applicable law. Moreover, 
section 205 allows EPA to adopt an alternative other than the least 
costly, most cost-effective or least burdensome alternative if the 
Administrator publishes with the final rule an explanation why that 
alternative was not adopted. Before EPA establishes any regulatory 
requirements that may significantly or uniquely affect small 
governments, including tribal governments, it must have developed under 
section 203 of the UMRA a small government agency plan. The plan must 
provide for notifying potentially affected small governments, enabling 
officials of affected small governments to have meaningful and timely 
input in the development of EPA regulatory proposals with significant 
Federal intergovernmental mandates, and informing, educating, and 
advising small governments on compliance with the regulatory 
requirements.
    EPA has determined that section 202 and 205 requirements do not 
apply to today's action because this rule does not contain a Federal 
mandate that may result in annual expenditures of $100 million or more 
for State, local, and/or tribal governments in the aggregate, or the 
private sector. Costs to State, local and/or tribal governments already 
exist under the West Virginia program, and today's action does not 
impose any additional obligations on regulated entities. In fact, EPA's 
approval of State programs generally may reduce, not increase, 
compliance costs for the private sector. Further, as it applies to the 
State, this action does not impose a Federal intergovernmental mandate 
because UMRA does not apply to duties arising from participation in a 
voluntary federal program.
    The requirements of section 203 of UMRA also do not apply to 
today's action because this rule contains no regulatory requirements 
that might significantly or uniquely affect small governments. Although 
small governments may be hazardous waste generators, transporters, or 
own and/or operate TSDFs, they are already subject to the regulatory 
requirements under the existing State laws that are being authorized by 
EPA, and, thus, are not subject to any additional significant or unique 
requirements by virtue of this program approval.

Certification Under the Regulatory Flexibility Act (RFA), as Amended by 
the Small Business Regulatory Enforcement Fairness Act of 1996 
(SBREFA), 5 U.S.C. 601 et seq.

    The RFA generally requires an agency to prepare a regulatory 
flexibility analysis of any rule subject to notice and comment 
rulemaking requirements under the Administrative Procedure Act or any 
other statute unless the agency certifies that the rule will not have a 
significant economic impact on a substantial number of small entities. 
Small entities include small businesses, small organizations, and small 
governmental jurisdictions.
    For purposes of assessing the impacts of today's action on small 
entities, small entity is defined as: (1) a small business as specified 
in the Small Business Administration regulations; (2) a small 
governmental jurisdiction that is a government of a city, county, town, 
school district or special district with a population of less than 
50,000; and (3) a small organization that is any not-for-profit 
enterprise which is independently owned and operated and is not 
dominant in its field.
    After considering the economic impacts of this authorization on 
small entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. This action 
does not impose any new requirements on small entities because small 
entities that are hazardous waste generators, transporters, or that own 
and/or operate TSDF's are already subject to the regulatory 
requirements under the State laws which EPA is now authorizing. This 
action merely authorizes for the purpose of RCRA section 3006 those 
existing State requirements.

Submission to Congress and the Comptroller General

    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 rule and 
other required information to the U.S. Senate, the U.S. House of

[[Page 29980]]

Representatives and the Comptroller General of the United States prior 
to publication of the rule in today's Federal Register. This rule is 
not a ``major rule'' as defined by 5 U.S.C. 804(2).

Compliance With Executive Order 12866

    The Office of Management and Budget has exempted this rule from the 
requirements of Executive Order 12866.

Compliance With Executive Order 13132 (Federalism)

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999), requires EPA to develop an accountable process to ensure 
``meaningful and timely input by State and local officials in the 
development of regulatory policies that have federalism implications.'' 
``Policies that have federalism implications'' is defined in the 
Executive Order to include regulations that 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.''
    Under section 6 of Executive Order 13132, EPA may not issue a 
regulation that has federalism implications, that imposes substantial 
direct compliance costs, and that is not required by statute, unless 
the Federal government provides the funds necessary to pay the direct 
compliance costs incurred by State and local governments, or EPA 
consults with State and local officials early in the process of 
developing the proposed regulation. EPA also may not issue a regulation 
that has federalism implications and that preempts State law unless the 
Agency consults with State and local officials early in the process of 
developing the proposed regulation.
    This authorization does not have federalism implications. It will 
not have a substantial direct effect on 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, because this rule affects only 
one State. This action simply approves West Virginia's proposal to be 
authorized for updated requirements of the hazardous waste program that 
the State has voluntarily chosen to operate. Further, as a result of 
this action, newly authorized provisions of the State's program now 
apply in West Virginia in lieu of the equivalent Federal program 
provisions implemented by EPA under HSWA. Affected parties are subject 
only to those authorized State program provisions, as opposed to being 
subject to both Federal and State regulatory requirements. Thus the 
requirements of section 6 of the Executive Order do not apply.

Compliance With Executive Order 13045

    Executive Order 13045, ``Protection of Children from Environmental 
Health Risks and Safety Risks,'' applies to any rule that: (1) the 
Office of Management and Budget determines is ``economically 
significant'' as defined under Executive Order 12866, and (2) concerns 
an environmental health or safety risk that EPA has reason to believe 
may have a disproportionate effect on children. If the regulatory 
action meets both criteria, the Agency must evaluate the environmental 
health or safety effects of the planned rule on children and explain 
why the planned regulation is preferable to other potentially effective 
and reasonably feasible alternatives considered by the Agency.
    This rule is not subject to Executive Order 13045 because it is not 
an economically significant rule as defined by Executive Order 12866, 
and because it does not concern an environmental health or safety risk 
that may have a disproportionate effect on children.

Compliance With Executive Order 13084

    Under Executive Order 13084, EPA may not issue a regulation that is 
not required by statute, that significantly or uniquely affects the 
communities of Indian tribal governments, and that imposes substantial 
direct compliance costs on those communities, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by the tribal governments, or EPA consults with those 
governments. If EPA complies with the consulting option, Executive 
Order 13084 requires EPA to provide to the Office of Management and 
Budget, in a separately identified section of the preamble to the rule, 
a description of the extent of EPA's prior consultation with 
representatives of affected tribal governments, a summary of the nature 
of their concerns, and a statement supporting the need to issue the 
regulation. In addition, Executive Order 13084 requires EPA to develop 
an effective process permitting elected officials and other 
representatives of Indian tribal governments ``to provide meaningful 
and timely input in the development of regulatory policies on matters 
that significantly or uniquely affect their communities.''
    This rule is not subject to Executive Order 13084 because it does 
not significantly or uniquely affect communities of Indian tribal 
governments. West Virginia is not authorized to implement the RCRA 
hazardous waste program in Indian country, since there are no 
Federally-recognized Indian lands in the State.

Paperwork Reduction Act

    Under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., Federal 
agencies must consider the paperwork burden imposed by any information 
request contained in a proposed rule or a final rule. This rule will 
not impose any information requirements upon the regulated community.

National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (``NTTAA''), Public Law 104-113, section 12(d) (15 U.S.C. 
272 note) directs EPA to use voluntary consensus standards in its 
regulatory activities unless to do so would be inconsistent with 
applicable law or otherwise impractical. Voluntary consensus standards 
are technical standards (e.g., materials specifications, test methods, 
sampling procedures, and business practices) that are developed or 
adopted by voluntary consensus standards bodies. The NTTAA directs EPA 
to provide Congress, through OMB, explanations when the Agency decides 
not to use available and applicable voluntary consensus standards.
    This action does not involve such technical standards. Therefore, 
EPA did not consider the use of any voluntary consensus standards.

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).

Bradley M. Campbell,
Regional Administrator, Region III.
[FR Doc. 00-11426 Filed 5-9-00; 8:45 am]
BILLING CODE 6560-50-P