Federal Register / Vol. 65, No. 91 / Wednesday, May 10, 2000 / Rules and Regulations 29973

and pests, Reporting and recordkeeping

requirements.

Dated: April 28, 2000

James Jones,

Director, Registration Division, Office of

Pesticide Programs.

Therefore, 40 CFR chapter I is

amended as follows:

PART 180—[AMENDED]

1. The authority citation for part 180

continues to read as follows:

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

371.

2. Section 180.443 is amended by

revising the introductory text of

paragraph (a), by adding alphabetically

new entries to the table in paragraph (a),

and by revising paragraph (d) the read

as follows:

§ 180.443 Myclobutanil; tolerances for

residues.

(a) General. Tolerances are

established for combined residues of the

fungicide myclobutanil alpha-butylalpha-(4-chlorophenyl)-1H-1,2,4-

triazole-1-propanenitrile and its alcohol

metabolite (alpha-(3-hydroxybutyl)-

alpha-(4-chlorophenyl)-1H-1,2,4-

triazole-1-propanenitrile (free and

bound), in or on the following food

commodities:

Commodity Parts per

million

*****

Apple, wet pomace ................... 1.3

*****

Asparagus ................................. 0.02

*****

Bean, snap, succulent .............. 1.0

Caneberry subgroup ................. 2.0

*****

Currant ...................................... 3.0

*****

Gooseberry ............................... 2.0

*****

Mayhaw .................................... 0.70

*****

Peppermint, tops ...................... 3.0

*****

Spearmint, tops ........................ 3.0

Strawberry ................................ 0.50

*****

Tomato ...................................... 0.30

Tomato, puree .......................... 0.50

Tomato, paste ........................... 1.0

Vegetable, cucurbit, group ....... 0.20

*****

(d)Indirect or inadvertent residues.

Tolerances are established for residues

of the fungicide myclobutanil alphabutyl-alpha-(4-chlorophenyl)-1H-1,2,4-

triazole-1-propanenitrile in or on the

following food commodities:

Commodity Parts per

million

Animal Feed, Nongrass, Group 0.03

Grains, Cereal, Forage, Fodder, and Straw, Group .......... 0.03

Grains, Cereal, Group .............. 0.03

Vegetable, Brassica, Leafy,

Group .................................... 0.03

Vegetable, Foliage of Legume,

Group .................................... 0.03

Vegetable, Fruiting, Group ....... 0.03

Vegetable, Leafy, Except Brassica, Group ............................ 0.03

Vegetable, Leaves of Root and

Tuber, Group ......................... 0.03

Vegetable, Legume, Group ...... 0.03

Vegetable, Root and Tuber,

Group .................................... 0.03

[FR Doc. 00–11571 Filed 5–9–00; 8:45 am]

BILLING CODE 6560–50–F

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.

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

29974 Federal Register / Vol. 65, No. 91 / Wednesday, May 10, 2000 / Rules and Regulations

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:

• Do inspections, and require

monitoring, tests, analyses or reports.

• Enforce RCRA requirements and

suspend or revoke permits.

• 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

Federal Register / Vol. 65, No. 91 / Wednesday, May 10, 2000 / Rules and Regulations 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 Federallydelegated 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.

Federal requirement 1 Analogous West Virginia authority

Part 260—Hazardous Waste Management System: General, as of July 1, 1997.West Virginia Code (W. Va. Code) §§ 22–18–3, 22–18–5(a), 22–18–6(a), 22–18–

6(a)(12)(D), 22–18–23; Hazardous Waste Management Regulations (HWMR)

§§ 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.

29976 Federal Register / Vol. 65, No. 91 / Wednesday, May 10, 2000 / Rules and Regulations

Federal requirement 1 Analogous West Virginia authority

Part 261—Identification and Listing of Hazardous Waste,

as of July 1, 1997.

W. Va. Code §§ 22–18–6(a)(2), 22–18–6(a)(12), 22–18–6(a)(13)(C), 22–18–5(a), 22–

18–6(a), 22–18–23; HWMR §§ 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 Generators of

Hazardous Wastes, as of July 1, 1997.

W. Va. Code §§ 22–18–6(a), 22–18–6(a)(3), 22–18–6(a)(12)(D), 22–18–6(a)(15), 22–

18–6(a)(9), 22–18–7(a)-(c), 22–18–5(a), 22–18–23; HWMR §§ 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 Transporters of

Hazardous Wastes, as of July 1, 1997.

W. Va. Code §§ 22–18–5(a), 22–18–6(a)(9), 22–18–6(a)(12)(D), 22–18–6(a)(15), 22–

18–7(a)-(c), 22–18–23, 22–18–2(b)(2); HWMR §§ 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 of Hazardous Waste Treatment, Storage, and Disposal Facilities, as of July 1, 1997.W. Va. Code §§ 22–18–5(a)&(c), 22–12–4, 22–18–6(a), 22–18–6(a)(4), 22–18–

6(a)(12)–(15), 22–18–7(e), 22–18–23, 22–18–25(1), 22–5–1, 22B–3–4; HWMR

§§ 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 and Operators of Hazardous Waste Treatment, Storage, and

Disposal Facilities, as of July 1, 1997.

W. Va. Code §§ 22–18–11, 22–18–5(a), 22–18–23, 22–18–6(a)(4); HWMR §§ 33–

20–1.6, 33–20–8.1 through 8.6, 45–25–1.1.a & b, 45–25–3.2.d, 45–25–3.2/Table

25–A (Items 1, 6, 8, 10, 12), 45–25–4.1, 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 Specific

Hazardous Wastes and Specific Types of Hazardous

Waste Management Facilities, as of July 1, 1997.

W. Va. Code §§ 22–18–5(a)&(c), 22–18–6(a), 22–18–6(a)(12), (13) & (15), 22–18–

23, 22–5–1; HWMR §§ 33–20–1.6, 33–20–9, 45–25–1.1.a & b, 45–25–3.2/Table

25–A (Item 13), 150–11–1.1, 150–11–1.5, 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 July 1, 1997 W. Va. Code §§ 22–18–5(a), 22–18–6(a)(12)(A), 22–18–6(a)(12)(B); 22–18–

6(a)(12)(D), 22–18–23, 22–18–6(a)(2); HWMR §§ 33–20–1.6, 33–20–10.1 through

10.4.

Part 270—The Hazardous Waste Permit Program, as of

July 1, 1997.

W. Va. Code §§ 22–18–8, 22–18–6(a)(4)(G), 22–18–6(a)(5), 22–18–6(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 §§ 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, 1997 ............. W. Va. Code §§ 22–18–8, 22–18–6(a)(5), 22–18–6(a)(8), 22–18–10, 22–18–23;

HWMR §§ 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 Management,

as of July 1, 1997.

W. Va. Code §§ 22–18–5(a) and § 22–18–23; HWMR §§ 33–20–1.6, 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 Used Oil, as

of July 1, 1997.

W. Va. Code §§ 22–18–6(a)(14), 22–18–6(a)(15), 22–18–23; HWMR §§ 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 3006(f) Checklist) .. W. Va. Code § 22–18–12; The West Virginia Freedom of Information Act, W. Va.

Code (1994 Supplement) Chapter 29B, § 29B–1–1 et seq.; HWMR §§ 33–20–

11.19, 46–8–1 through 46–8–11.

HSWA Cluster I

Sharing of Information With the Agency for Toxic Substances and Disease Registry (SI) (RCRA § 3019(b)).W. Va. Code §§ 22–1–6(c), 22–18–12; HWMR § 33–20–11.19.

RCRA Cluster VIII

Organic Air Emission Standards for Tanks, Surface Impoundments, and Containers, December 8, 1997 (62

FR 64636). (Revision Checklist 163).

W. Va. Code §§ 22–1–3(c), § 22–5–1, 22–18–6(a), 22–18–6(a)(13)(A)&(B); 22–18–

23; HWMR §§ 33–20–1.6, 33–20–7.2, 33–20–7.8, 33–20–8.1, 33–20–8.6, 33–20–

11.1, 45–25–1.1.a, & b, 45–25–1.5.a, 45–25–1.5.c, 45–25–3.2/Table 25–A (Items

6, 8, 10, 11).

Federal Register / Vol. 65, No. 91 / Wednesday, May 10, 2000 / Rules and Regulations 29977

Federal requirement 1 Analogous West Virginia authority

Land Disposal Restrictions Phase IV—Treatment Standards for Metal Wastes and Mineral Processing Wastes;

Mineral 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).

W. Va. Code §§ 22–18–6(a), 22–18–6(a)(12)(A), 22–18–6(a)(12)(B), 22–18–

6(a)(12)(D), 22–18–23; HWMR §§ 33–20–1.6, 33–20–3.1, 33–20–3.5, 33–20–10.1,

33–20–10.6.

Hazardous Waste Combustors Revised Standards, June

19, 1998 (63 FR 33782). (Revision Checklist 168).

W. Va. Code §§ 22–18–6(a), 22–18–6(a)(5), 22–18–23; HWMR §§ 33–20–3.6, 33–

20–11.9.d, 45–25–5.5.d, 45–25–6.3.

1Federal 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 legislativelyadopted 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 Federallyauthorized 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

29978 Federal Register / Vol. 65, No. 91 / Wednesday, May 10, 2000 / Rules and Regulations

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

Federal Register / Vol. 65, No. 91 / Wednesday, May 10, 2000 / Rules and Regulations 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 costeffective 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-forprofit 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

29980 Federal Register / Vol. 65, No. 91 / Wednesday, May 10, 2000 / Rules and Regulations

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 Federallyrecognized 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