Federal Register / Vol. 78, No. 227 / Monday, November 25, 2013 / Rules and Regulations 70225 

prescribed under paragraph (c)(1) of this 

section. 

(3) Persons or vessels may request an 

exception from any requirement 

prescribed under paragraph (c)(1) of this 

section from the COTP Ohio Valley or 

a designated representative who may be 

a commissioned, warrant, or petty 

officer of the Coast Guard. The COTP 

Ohio Valley may be contacted by 

telephone at 1–800–253–7465 or on 

VHF–FM channel 16. 

(d) Enforcement. The COTP Ohio 

Valley will notify the public of the 

specific requirements prescribed under 

paragraph (c)(1) of this section and of 

the times when those requirements will 

be enforced or when enforcement will 

be suspended, using means designed to 

ensure maximum effectual notice 

including, but not limited to, broadcast 

notices to mariners (BNM) and 

communications through the River 

Industry Action Committee. 

Dated: November 4, 2013. 

K.S. Cook, 

Rear Admiral, U.S. Coast Guard, Eighth 

District Commander. 

[FR Doc. 2013–27560 Filed 11–22–13; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–R03–RCRA–2013–0571; FRL–9903– 

08–Region 3] 

West Virginia: Final Authorization of 

State Hazardous Waste Management 

Program Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Immediate final rule. 

SUMMARY: West Virginia has applied to 

EPA for final authorization of revisions 

to its hazardous waste program under 

the Resource Conservation and 

Recovery Act (RCRA). EPA has 

determined that these revisions satisfy 

all requirements needed to qualify for 

final authorization and is authorizing 

West Virginia’s revisions through this 

immediate final action. EPA is 

publishing this rule to authorize the 

revisions without a prior proposal 

because we believe this action is not 

controversial and do not expect 

comments that oppose it. Unless we 

receive written comments that oppose 

this authorization during the comment 

period, the decision to authorize West 

Virginia’s revisions to its hazardous 

waste program will take effect. If we 

receive comments that oppose this 

action we will publish a document in 

the Federal Register withdrawing the 

relevant portions of this rule, before 

they take effect, and a separate 

document in the proposed rules section 

of this Federal Register will serve as a 

proposal to authorize revisions to West 

Virginia’s program that were the subject 

of adverse comments. 

DATES: This final authorization will 

become effective on January 24, 2014, 

unless EPA receives adverse written 

comments by December 26, 2013. If EPA 

receives any such comment, it will 

publish a timely withdrawal of this 

immediate final rule in the Federal 

Register and inform the public that this 

authorization will not take effect as 

scheduled. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R03– 

RCRA–2013–0571, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

http://www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

2. Email: pratt.stacie@epa.gov. 

3. Mail: Stacie Pratt, Mailcode 3LC50, 

Office of State Programs, U.S. EPA 

Region III, 1650 Arch Street, 

Philadelphia, PA 19103–2029. 

4. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

You may inspect and copy West 

Virginia’s application from 8:00 a.m. to 

4:30 p.m., Monday through Friday at the 

following locations: West Virginia 

Department of Environmental 

Protection, (WVDEP), Division of Water 

and Waste Management, 601 57th Street 

SE., Charleston, WV 25304, Phone 

number: (304) 926–0499, attn: Yogesh 

Patel; and EPA Region III Library, 2nd 

Floor, 1650 Arch Street, Philadelphia, 

PA 19103–2029, Phone number: (215) 

814–5254. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–RCRA–2013– 

0571. EPA’s policy is that all comments 

received will be included in the public 

file without change and may be made 

available on line at http://

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http://

www.regulations.gov or email. The 

Federal http://www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means that EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send an email 

comment directly to EPA without going 

through http://www.regulations.gov, 

your email address will be 

automatically captured and included as 

part of the comment that is placed in the 

public file and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters and any 

form of encryption, and be free of any 

defects or viruses. 

FOR FURTHER INFORMATION CONTACT: 

Stacie Pratt, Mailcode 3LC50, Office of 

State Programs, U.S. EPA Region III, 

1650 Arch Street, Philadelphia, PA 

19103–2029, Phone number: (215) 814– 

5173; email address: pratt.stacie@

epa.gov 

SUPPLEMENTARY INFORMATION: 

A. Why are revisions to state programs 

necessary? 

States that have received final 

authorization from EPA under RCRA 

section 3006(b), 42 U.S.C. 6926(b), must 

maintain a hazardous waste program 

that is equivalent to, consistent with, 

and no less stringent than the Federal 

program. As the Federal program is 

revised to become more stringent or 

broader in scope, States must revise 

their programs and apply to EPA to 

authorize the revisions. Authorization of 

revisions to State programs may be 

necessary when Federal or State 

statutory or regulatory authority is 

modified or when certain other 

revisions occur. Most commonly, States 

must revise their programs because of 

revisions to EPA’s regulations in 40 

Code of Federal Regulations (CFR) parts 

124, 260 through 268, 270, 273 and 279. 

B. What decisions have we made in this 

rule? 

EPA concludes that West Virginia’s 

application to revise its authorized 

program meets all of the statutory and 

regulatory requirements established by 

RCRA. Therefore, we grant West 

Virginia final authorization to operate 

its hazardous waste program with the 

revisions described in its application for 

program revisions, subject to the 

procedures described in section E, 


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70226 Federal Register / Vol. 78, No. 227 / Monday, November 25, 2013 / Rules and Regulations 

below. West Virginia has responsibility 

for permitting treatment, storage, and 

disposal facilities (TSDFs) within its 

borders and for carrying out the aspects 

of the RCRA program described in its 

application, subject to the limitations of 

the Hazardous and Solid Waste 

Amendments of 1984 (HSWA). New 

Federal requirements and prohibitions 

imposed by Federal regulations that 

EPA promulgates under the authority of 

HSWA take effect in authorized States 

before they are authorized for the 

requirements. Thus, EPA will 

implement those HSWA requirements 

and prohibitions for which West 

Virginia has not been authorized, 

including issuing HSWA permits, until 

the State is granted authorization to do 

so. 

C. What is the effect of this 

authorization decision? 

This decision serves to authorize 

revisions to West Virginia’s authorized 

hazardous waste program. This action 

does not impose additional 

requirements on the regulated 

community because the regulations for 

which West Virginia is being authorized 

by this action are already effective and 

are not changed by this action. West 

Virginia has enforcement 

responsibilities under its state 

hazardous waste program for violations 

of its program, but EPA retains its 

authority under RCRA sections 3007, 

3008, 3013, and 7003, which include, 

among others, authority to: 

D Perform inspections, and require 

monitoring, tests, analyses or reports; 

D Enforce RCRA requirements and 

suspend or revoke permits; and 

D Take enforcement actions regardless 

of whether West Virginia has taken its 

own actions. 

D. Why wasn’t there a proposed rule 

before this rule? 

EPA did not publish a proposal before 

this rule because we view this as a 

routine program change and do not 

expect comments that oppose this 

approval. We are providing an 

opportunity for public comment now. In 

addition to this rule, in the proposed 

rules section of today’s Federal Register 

we are publishing a separate document 

that proposes to authorize West 

Virginia’s program revisions. If EPA 

receives comments that oppose this 

authorization, that document will serve 

as a proposal to authorize the revisions 

to West Virginia’s program that were the 

subject of adverse comment. 

E. What happens if EPA receives 

comments that oppose this action? 

If EPA receives comments that oppose 

this authorization, we will withdraw 

this rule by publishing a document in 

the Federal Register before the rule 

would become effective. EPA will base 

any further decision on the 

authorization of West Virginia’s 

program revisions on the proposal 

mentioned in the previous section. We 

will then address all public comments 

in a later final rule. You may not have 

another opportunity to comment. If you 

want to comment on this authorization, 

you must do so at this time. If we 

receive comments that oppose the 

authorization of a particular revision to 

West Virginia’s hazardous waste 

program, we will withdraw that part of 

this rule, but the authorization of the 

program revisions that the comments do 

not oppose will become effective on the 

date specified above. The Federal 

Register withdrawal document will 

specify which part of the authorization 

will become effective, and which part is 

being withdrawn. 

F. What has West Virginia previously 

been authorized for? 

Initially, West Virginia received final 

authorization to implement its 

hazardous waste management program 

effective May 29, 1986 (51 FR 17739). 

EPA granted authorization for revisions 

to West Virginia’s regulatory program on 

May 10, 2000, effective July 10, 2000 (65 

FR 29973) and October 16, 2003, 

effective December 15, 2003 (68 FR 

59542). 

G. What revisions are we authorizing 

with this action? 

On May 1, 2013, West Virginia 

submitted a final complete program 

revision application, seeking 

authorization of additional revisions to 

its program in accordance with 40 CFR 

271.21. West Virginia’s revision 

application includes: (1) Various 

regulations that are equivalent to, and 

no less stringent than, revisions to the 

Federal hazardous waste program, as 

published in the Code of Federal 

Regulations as of June 16, 2010, and (2) 

a request for EPA’s approval of the 

State’s use of the cleanup standards in 

its Voluntary Remediation Program 

(VRP) at RCRA corrective action sites. 

We now make an immediate final 

decision, subject to receipt of written 

comments that oppose this action, that 

West Virginia’s hazardous waste 

program revision satisfies all of the 

requirements necessary to qualify for 

final authorization. Therefore, EPA 

grants West Virginia’s final 

authorization for the following program 

revisions: 

1. Program Revision Changes for Federal 

Rules 

West Virginia seeks authority to 

administer the Federal requirements 

that are listed in Table 1. This Table 

lists the West Virginia analogs that are 

being recognized as no less stringent 

than the analogous Federal 

requirements. West Virginia’s regulatory 

references are to the West Virginia Code 

of State Regulations, Title 33, Series 20 

‘‘Hazardous Waste Management 

System’’ (33 CSR 20), effective June 16, 

2011; and Title 45, Series 25 ‘‘Control of 

Air Pollution from Hazardous Waste 

Treatment, Storage and Disposal 

Facilities’’ (45 CSR 25), effective June 

16, 2011. West Virginia’s application 

also includes a revised Program 

Description and Memorandum of 

Agreement, which explain the 

reorganization of the State agencies 

responsible for implementing the 

hazardous waste program, as well as the 

procedures that will be followed when 

the VRP cleanup standards are used at 

RCRA corrective action sites. 

West Virginia is also seeking 

authorization for certain State-initiated 

changes that are not directly related to 

any of the Revision Checklists listed in 

Table 1. These State-initiated changes 

are related to the adoption and 

renumbering of provisions intended to 

improve the clarity of the State’s 

regulations and to provide for necessary 

conforming changes as a result of 

changes in State agencies or in Federal 

amendments that do not apply to West 

Virginia. State regulatory provisions that 

have been renumbered since the 2003 

authorization are listed in Table 2. 

The State’s statutory authority for the 

hazardous waste program for which it is 

seeking authorization is based on the 

following provisions from the West 

Virginia Code, as amended through 

2010: Chapter 22, Article 18, Hazardous 

Waste Management Act; Chapter 22, 

Article 1, Department of Environmental 

Protection, Sections 22–1–3a, 22–1–3(c), 

22–1–6(c), and 22–1–6(d)(8); Chapter 

22, Article 5, Air Pollution Control, 

Section 22–5–1 and Chapter 22, Article 

12, Groundwater Protection Act, Section 

22–12–4. West Virginia’s authority to 

incorporate the Federal program is 

found at W. Va. Code, Section 22–1– 

3(c). 


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TABLE 1—WEST VIRGINIA’S ANALOGS TO THE FEDERAL REQUIREMENTS

Description of Federal requirement 

(revision checklists 1) Federal Register Analogous West Virginia authority 

RCRA Cluster VIII 

Clarification of Standards for Hazardous Waste LDR 

Treatment Variances, Revision Checklist 162.

62 FR 64504, 12/5/97 ........ 33 CSR 20, section 33–20–10.2. (At 33–20–10.2, West 

Virginia excludes 40 CFR 268.44 from the incorporation by reference of its Federal regulations. See Section H.1.a for discussion about Federal non-delegable 

provisions.) 

RCRA Cluster X 

Universal Waste Rule: Specific Provisions for Hazardous 

Waste Lamps, Revision Checklist 181.

64 FR 36466, July 6, 1999 33 CSR 20, sections 33–20–2.1, 33–20–2.5.d, 33–20– 

3.1, 33–20–7.2, 33–20–8.1, 33–20–10.1, 33–20– 

11.1, 33–20–13.1, 33–20–13.4. 

Land Disposal Restrictions Phase IV—Technical Corrections, Revision Checklist 183.64 FR 56469, 10/20/99 ...... 33 CSR 20, sections 33–20–3.1, 33–20–5.1, 33–20– 

10.1. 

Organobromine Production Wastes Vacatur, Revision 

Checklist 185.

65 FR 14472, 3/17/00 ........ 33 CSR 20, sections 33–20–3.1, 33–20–10.1. 

Petroleum Refining Process Wastes—Clarification, Revision Checklist 187.65 FR 36365, 6/8/00 .......... 33 CSR 20, sections 33–20–3.1, 33–20–10.1. 

RCRA Cluster XI 

NESHAPS: Final Standards for Hazardous Air Pollutants 

for Hazardous Waste Combustors, Revision Checklist 

188.

65 FR 42292, 07/10/00; as 

amended 66 FR 24270, 

5/14/01; and 66 FR 

35087, 7/03/01.

33 CSR 20, sections 33–20–3.1, 33–20–7.2, 33–20– 

11.1; 

45 CSR 25, sections 45–25–1.1.a, 45–25–1.5.a/Table 

25–A, Item 1, 2, 22. 

Chlorinated Aliphatics Listing and LDRs for Newly Identified Wastes, Revision Checklist 189.65 FR 67068, 11/8/00 ........ 33 CSR 20, sections 33–20–3.1, 33–20–10.1. 

Land Disposal Restrictions Phase IV—Deferral for PCBs 

in Soil, Revision Checklist 190.

65 FR 81373, 12/26/00 ...... 33 CSR 20, section 33–20–10.1. 

Storage, Treatment, Transportation and Disposal of 

Mixed Waste, Revision Checklist 191.

66 FR 27218, 5/16/01 ........ 33 CSR 20, section 33–20–9.1. 

Mixture and Derived-From Rules Revisions, Revision 

Checklist 192A.

66 FR 27266, 5/16/01 ........ 33 CSR 20, sections 33–20–3.1, 33–20–3.1.a. 

Land Disposal Restrictions Correction, Revision Checklist 192B.66 FR 27266, 5/16/01 ........ 33 CSR 20, section 33–20–10.1. 

Change of Official EPA Mailing Address, Revision 

Checklist 193.

66 FR 34374, 6/28/01 ........ 33 CSR 20, section 33–20–2.1. 

RCRA Cluster XII 

Mixture and Derived-From Rules Revision II, Revision 

Checklist 194.

66 FR 50332, 10/3/01; as 

amended 66 FR 60153, 

12/3/01.

33 CSR 20, sections 33–20–3.1, 33–20–3.1.a. 

Inorganic Chemical Manufacturing, Revision Checklist 

195.

66 FR 58258, 11/20/01; as 

amended, 67 FR 17119, 

04/09/02.

33 CSR 20, sections 33–20–3.1, 33–20–10.1. 

CAMU Amendments, Revision Checklist 196 .................. 67 FR 2962, 1/22/02; ......... 33 CSR 20, sections 33–20–2.1, 33–20–7.2.

Hazardous Air Pollutant Standards for Combustors: Interim Standards, Revision Checklist 197.67 FR 6792, 2/13/02 .......... 33 CSR 20, sections 33–20–7.2, 33–20–8.1, 33–20– 

9.1, 33–20–11.1; 

45 CSR 25, sections 45–25–1.1.a 45–25–1.5.a/Table 

25–A, Items 1, 2, 3, 15, 16, 17 and 27. 

Hazardous Air Pollutant Standards for Combustors: Corrections, Revision Checklist 198.67 FR 6968, 2/14/02 .......... 33 CSR 20, sections 33–20–9.1, 33–20–11.1; 

45 CSR 25, sections 45–25–1.1.a, 45–25–1.5.a/Table 

25–A, Items 2 and 15. 

Vacatur of Mineral Processing Spent Materials Being 

Reclaimed as Solid Wastes and TCLP Use with MGP 

Waste, Revision Checklist 199.

67 FR 11251, 3/13/02 ........ 33 CSR 20, section 33–20–3.1. 

RCRA Cluster XIII 

Zinc Fertilizers Made from Recycled Hazardous Secondary Materials, Revision Checklist 200.67 FR 48393, 7/24/02 ........ 33 CSR 20, sections 33–20–3.1, 33–20–9.1, 33–20– 

10.1 

National Treatment Variance for Radioactively Contaminated Batteries, Revision Checklist 201.67 FR 62618, 10/07/02 ...... 33 CSR 20, section 33–20–10.1. 

NESHAP: Standards for Hazardous Air Pollutants for 

Hazardous Waste Combustors-Corrections, Revision 

Checklist 202.

67 FR 77687, 12/19/02 ...... 33 CSR 20, sections 33–20–11.1; 

45 CSR 25, sections 45–25–1.1.a, 45–25–1.5.a/Table 

25–A, Items 2, 3, 16 and 17. 


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70228 Federal Register / Vol. 78, No. 227 / Monday, November 25, 2013 / Rules and Regulations 

TABLE 1—WEST VIRGINIA’S ANALOGS TO THE FEDERAL REQUIREMENTS—Continued 

Description of Federal requirement 

(revision checklists 1) Federal Register Analogous West Virginia authority 

RCRA Cluster XIV 

Hazardous Waste Management System; Identification 

and Listing of Hazardous Waste; Recycled Used Oil 

Management Standards, Revision Checklist 203.

68 FR 44659, 7/30/03 ........ 33 CSR 20, sections 33–20–3.1, 33–20–14.1. 

NESHAP: Surface Coating of Automobiles and LightDuty Trucks, Revision Checklist 205.69 FR 22601, 4/26/04 ........ 45 CSR 25, sections 45–25–1.1.a, 45–25–1.5.a/Table 

25–A, Item 9. 

RCRA Cluster XV 

Nonwastewaters from Productions of Dyes, Pigments, 

and Food, Drug, and Cosmetic Colorants, Revision 

Checklist 206.

70 FR 9138, 2/24/05; as 

amended 70 FR 35032, 

6/16/05.

33 CSR 20, sections 33–20–3.1, 33–20–10.1. 

Testing and Monitoring Activities: Methods Innovation 

Rule and SW–846 Update IIIB, Revision Checklist 208.

70 FR 34538, 6/14/05; as 

amended 70 FR 44150, 

8/01/05.

33 CSR 20, sections 33–20–2.1, 33–20–2.3, 33–20– 

3.1, 33–20–7.2, 33–20–8.1, 33–20–9.1, 33–20–10.1, 

33–20–11.1, 33–20–14.1; 

45 CSR 25, sections 45–25–1.1.a, 45–25–1.5.a/Table 

25–A, Items 2, 3, 7, 9, 11, 15, 16, 17 and 19. 

RCRA Cluster XVI 

Mercury-Containing Equipment, Revision Checklist 209 70 FR 45508, 8/05/05 ........ 33 CSR 20, sections 33–20–2.1, 33–20–3.1, 33–20– 

7.2, 33–20–8.1, 33–20–10.1, 33–20–11.1, 33–20– 

13.1. 

Revision of Wastewater Treatment Exemptions for Hazardous Waste Mixtures, Revision Checklist 211.70 FR 57769, 10/04/05 ...... 33 CSR 20, sections 33–20–3.1, 33–20–3.1.a. 

National Emission Standards for Hazardous Air Pollutants: Final Standards for Hazardous Air Pollutants for 

Hazardous Waste Combustors, Revision Checklist 

212.

70 FR 59401, 10/12/05 ...... 33 CSR 20, sections 33–20–2.1, 33–20–7.2, 33–20– 

8.1, 33–20–9.1, 33–20–11.1; 

45 CSR 25, sections 45–25–1.1.a, 45–25–1.5.a/Table 

25–A, Items 1, 2, 3, 8, 10, 15, 16, 17, 24 and 27. 

Burden Reduction Initiative, Revision Checklist 213 ........ 71 FR 16862, 4/04/06 ........ 33 CSR 20, sections 33–20–2.1*, 33–20–3.1, 33–20– 

7.2, 33–20–7.4.c , 33–20–8.1, 33–20–9.1, 33–20– 

10.1, 33–20–11.1; 

45 CSR 25, sections 45–25–1.1.a, 45–25–1.5.a/Table 

25–A, Items 1, 9 and 15. 

* West Virginia incorporates by reference 40 CFR part 

260 at 33–20–2.1, however, the state is not being 

authorized for the definition of ‘‘Performance Track 

member facility’’, see section H.1.d for discussion. 

RCRA Cluster XVII 

Corrections to Errors in the Code of Federal Regulations, Revision Checklist 214.71 FR 40254, 7/14/06 ........ 33 CSR 20, sections 33–20–2.1, 33–20–3.1, 33–20– 

5.1, 33–20–5.4, 33–20–5.5, 33–20–7.2, 33–20–7.4, 

33–20–7.5, 33–20–7.6, 33–20–7.7, 33–20–8.1, 33– 

20–8.2, 33–20–8.5, 33–20–9.1, 33–20–10.1, 33–20– 

10.2, 33–20–11.1, 33–20–13.1, 33–20–14.1; 

45 CSR 25, sections 45–25–1.1.a, 45–25–1.5.a/Table 

25–A, Items 1, 5, 7, 9, 11, 15 and 19. 

Cathode Ray Tubes Rule, Revision Checklist 215 .......... 71 FR 42928, 7/28/06 ........ 33 CSR 20, sections 33–20–1.5.a, 33–20–2.1, 33–20– 

3.1; 

45 CSR 25, sections 45–25–1.1.a, 45–25–1.5.a/Table 

25–A, Item 22. 

RCRA Cluster XVIII 

Exclusion of Oil-Bearing Secondary Materials Processed 

in a Gasification System to Produce Synthesis Gas, 

Revision Checklist 216.

73 FR 57, 1/02/08 .............. 33 CSR 20, sections 33–20–2.1, 33–20–3.1. 

NESHAP: Final Standards for Hazardous Waste Combustors (Phase I Final Replacement Standards and 

Phase II) Amendments, Revision Checklist 217.

73 FR 18970, 4/08/08 ........ 33 CSR 20, sections 33–20–7.2, 33–20–9.1; 

45 CSR 25, sections 45–25–1.1.a, 45–25–1.5.a/Table 

25–A, Items 1 and 15. 

F019 Exemption for Wastewater Treatment Sludges 

from Auto Manufacturing Zinc Phosphating Processes, 

Revision Checklist 218.

73 FR 31756, 6/04/08 ........ 33 CSR 20, sections 33–20–3.1. 


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Federal Register / Vol. 78, No. 227 / Monday, November 25, 2013 / Rules and Regulations 70229 

TABLE 1—WEST VIRGINIA’S ANALOGS TO THE FEDERAL REQUIREMENTS—Continued 

Description of Federal requirement 

(revision checklists 1) Federal Register Analogous West Virginia authority 

RCRA Cluster XIX 

Academic Laboratories Generator Standards, Revision 

Checklist 220.

73 FR 72912, 12/1/08 ........ 33 CSR 20, sections 33–20–3.1, 33–20–5.1. 

Expansion of RCRA Comparable Fuel Exclusion, Revision Checklist 221.73 FR 77954, 12/19/08 ...... 33 CSR 20, sections 33–20–3.1; 

45 CSR 25, sections 45–25–1.1.a, 45–25–1.5.a/Table 

25–A, Items 21 and 22. 

RCRA Cluster XX 

OECD Requirements; Export Shipments of Spent LeadAcid Batteries, Revision Checklist 222.75 FR 1236, 1/08/10 .......... 33 CSR 20, sections 33–20–1.5.a, 33–20–5.1, 33–20– 

5.4, 33–20–5.5, 33–20–6.1, 33–20–6.2, 33–20–7.2, 

33–20–7.3, 33–20–8.1, 33–20–8.2, 33–20–9.1. 

Hazardous Waste Technical Corrections and Clarifications, Revision Checklist 223.75 FR 12989, 3/18/10 ........ 33 CSR 20, sections 33–20–2.1, 33–20–3.1, 33–20– 

5.1, 33–20–5.3, 33–20–6.1, 33–20–6.2, 33–20–7.2, 

33–20–8.1, 33–20–9.1, 33–20–10.1, 33–20–11.1; 

45 CSR 25, sections 45–25–1.1.a, 45–25–1.5.a/Table 

25–A, Items 15, 20, 21 and 23. 

Withdrawal of the Emission Comparable Fuel Exclusion 

under RCRA, Revision Checklist 224.

75 FR 33712, 6/15/10 ........ 33 CSR 20, sections 33–20–3.1; 

45 CSR 25, sections 45–25–1.1.a, 45–25–1.5.a/Table 

25–A, Items 20 and 22. 

1A Revision Checklist is a document that addresses the specific revisions made to the Federal regulations by one or more related final rules 

published in the Federal Register. EPA develops these checklists as tools to assist States in developing their authorization applications and in 

documenting specific State analogs to the Federal Regulations. For more information see EPA’s RCRA State Authorization Web page at http://

www.epa.gov/osw/laws-regs/state/index.htm. 

2. State-Initiated Changes 

West Virginia has amended its 

regulations by adopting and 

renumbering provisions intended to 

improve the clarity of the State’s 

regulations and to provide for necessary 

conforming changes as a result of 

changes in State terms and agencies, or 

Federal amendments that do not apply 

to West Virginia. In addition, 33–20–5.5 

as found in the July 1, 2001 regulations 

was removed. This provision 

specifically incorporated by reference 

the March 8, 2000 federal final rule 

addressed by Revision Checklist 184 

and was necessary because at the time, 

West Virginia incorporated by reference 

40 CFR as of July 1, 1999. The provision 

is no longer necessary because West 

Virginia now incorporates by reference 

40 CFR as of June 16, 2010. EPA has 

evaluated the changes and has 

determined that the State’s regulations 

remain consistent with, and are no less 

stringent than, the corresponding 

Federal regulations. Table 2 lists those 

State regulatory provisions that have 

been renumbered since the 2003 

authorization. 

TABLE 2—REDESIGNATED PROVISIONS IN WEST VIRGINIA’S HAZARDOUS WASTE REGULATIONS

State citation as found in 33CSR20, effective July 1, 2001 State citation as found in 33CSR20, effective June 16, 2011 

33–20–5.3 ................................................................................................. 33–20–5.4. 

33–20–5.4 ................................................................................................. 33–20–5.5. 

33–20–7.4 through 33–20.7.8 .................................................................. 33–20–7.3 through 33–20.7.7. 

33–20–8.3 through 33–20.8.6 .................................................................. 33–20–8.2 through 33–20.8.5. 

33–20–10.3 ............................................................................................... 33–20–10.2. 

33–20–10.5 ............................................................................................... 33–20–10.3. 

33–20–11.3 through 11.22 ....................................................................... 33–20–11.2 through 11.21. 

33–20–13.4 through 13.6 ......................................................................... 33–20–13.2 through 13.4. 

3. The West Virginia Voluntary 

Remediation Program as It Relates to 

the State’s RCRA Corrective Action 

Program 

On December 15, 2003, EPA approved 

the State’s application for revision of the 

State authorized Hazardous Waste 

Program. The 2003 approval included, 

among other things, the authority for the 

State to implement corrective action at 

hazardous waste sites. EPA’s 

authorization of the State’s Corrective 

Action Program related to corrective 

action permitting responsibilities under 

RCRA sections 3004(u) and (v). West 

Virginia is now seeking approval to 

utilize, at RCRA corrective action sites, 

the cleanup standards in its Voluntary 

Remediation Program (VRP), as set forth 

in its Voluntary Remediation and 

Redevelopment Act (Chapter 22, Article 

22 of the West Virginia Code) and its 

implementing regulations in Title 60, 

Series 3 of the Code of State Regulations 

(60 CSR 3), ‘‘Voluntary Remediation 

And Redevelopment Rule,’’ effective 

May 1, 2012. 

EPA has reviewed the Voluntary 

Remediation Program that was in effect 

in 2008, and in a letter to WVDEP dated 

August 21, 2008, EPA identified areas 

where the VRP standards are potentially 

inconsistent with EPA corrective action 

requirements and guidance documents. 

However, EPA agrees to allow the use of 

the VRP standards to the extent that the 

requirements of the VRP are consistent 

with and no less stringent than the 

federal corrective action requirements, 

and that completed cleanups are 

consistent with EPA goals. For those 


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70230 Federal Register / Vol. 78, No. 227 / Monday, November 25, 2013 / Rules and Regulations 

sites where EPA has determined that the 

application of VRP standards will not 

result in cleanups that are protective of 

the environment, West Virginia will use 

the appropriate EPA requirement to 

assure that the cleanup will protect the 

environment. 

This approval to allow the use of the 

cleanup standards of the VRP at RCRA 

corrective action sites and the 

Memorandum of Agreement (MOA) 

between the State and EPA do not alter 

the corrective action authorities granted 

to the State in 2003. The MOA sets forth 

more specific detail regarding how the 

State will implement corrective action 

at hazardous waste sites and clarifies 

the role of the VRP cleanup standards 

within the Corrective Action Program. 

However, no provision of the Voluntary 

Remediation and Redevelopment Act or 

regulations promulgated pursuant 

thereto relieves any person of the 

responsibility to comply with any 

otherwise applicable portion of the 

authorized hazardous waste program or 

prevents the State from exercising the 

full extent of its authority corresponding 

to the state program approval 

requirements found in 40 CFR 271.16 

(‘‘Requirements for enforcement 

authority’’), in any matter. 

H. Where are the revised West Virginia 

rules different from the Federal rules? 

1. Rules for Which West Virginia Is Not 

Seeking Authorization 

West Virginia is not seeking 

authorization for the following RCRA 

revisions that are found in 40 CFR as of 

June 16, 2010: 

(a) West Virginia is not seeking 

authorization for, and has appropriately 

left authority with EPA, for nondelegable federal rules. Non-delegable 

federal rules address certain functions 

for which EPA must retain authority, 

including treatment standards variances 

at 40 CFR 268.44(a)-(g). At section 33– 

20–1.5.a, West Virginia excludes from 

its substitution of state terms, federal 

rules that cannot be delegated to the 

state. In some cases, West Virginia also 

excludes non-delegable rules from its 

incorporation by reference. For 

example, at section 33–20–10.2, West 

Virginia excludes 40 CFR 268.44 from 

its incorporation by reference of 40 CFR 

part 268. EPA will continue to 

implement these requirements as 

appropriate. 

(b) In its hazardous waste 

management rules at 33 CSR 20 effective 

June 16, 2011, West Virginia has 

incorporated by reference the Uniform 

Hazardous Waste Manifest final rules 

(70 FR 10776; 3/04/05 as amended June 

16, 2005 at 70 FR 35034; Revision 

Checklist 207). However, the West 

Virginia Public Service Commission 

rules at 150 CSR 11, effective December 

24, 2002, and the WV Department of 

Transportation regulations at 157 CSR 7, 

effective April 17, 2012, do not contain 

analogs to some of the 40 CFR part 263 

requirements for transporters that were 

revised by the March 4, 2005 and June 

16, 2005 final rules. 

(c) At § 33–20–11.1, West Virginia has 

incorporated by reference 40 CFR part 

267, as introduced by the September 8, 

2005 final rule addressing Standardized 

Permits for RCRA Hazardous Waste 

Management Facilities (70 FR 53420– 

53478, Revision Checklist 210). 

However, West Virginia is not being 

authorized for this final rule because 

after reviewing the state’s regulations, 

EPA found that West Virginia has not 

correctly adopted all of the revisions 

introduced by the Standardized Permit 

rule. 

(d) West Virginia is not seeking 

authorization for the National 

Environmental Performance Track 

Program (4/22/04, 69 FR21737; as 

amended 10/25/04, 69 FR 62217; 

Revision Checklist 204). On March 16, 

2009, EPA announced its intention to 

halt and review the National 

Performance Track Program. 

2. More Stringent West Virginia Rules 

The West Virginia hazardous waste 

program contains some provisions that 

are more stringent than is required by 

the RCRA program as codified in the 

June 16, 2010 edition of title 40 of the 

Code of Federal Regulations (CFR). 

These more stringent provisions are 

being recognized as a part of the 

Federally-authorized program. The 

specific more stringent provisions are 

also noted in West Virginia’s 

authorization application. They include, 

but are not limited to, the following: 

(a) At § 33–20–3.1.a, West Virginia 

requires the owner and operator to 

comply with additional requirements 

beyond the Federal requirements in 

order for a mixture of waste and one or 

more hazardous wastes identified in 40 

CFR 261.3(a)(2)(iv) to be exempt from 

the definition of hazardous waste. This 

makes the State more stringent. 

(b) At § 33–20–5.4 and 33–20–5.5, 

West Virginia is more stringent because 

the state requires copies of all 

documents sent to EPA in compliance 

with 40 CFR parts 262 Subparts E and 

H, to also be sent to the state. 

(c) At § 33–20–7.3 and 33–20–8.2, 

West Virginia is more stringent in that 

the State requires that the notification 

sent to EPA in compliance with 40 CFR 

264.12(a) and 265.12(a), also be sent to 

the state. 

I. Who handles permits after this 

authorization takes effect? 

After this authorization revision, West 

Virginia will issue permits for all the 

provisions for which it is authorized 

and will administer the permits it 

issues. EPA will continue to administer 

any RCRA hazardous waste permits or 

portions of permits that we issued prior 

to the effective date of this 

authorization. Until such time as formal 

transfer of EPA permit responsibility to 

West Virginia occurs and EPA 

terminates its permit, EPA and West 

Virginia agree to coordinate the 

administration of permits in order to 

maintain consistency. We will not issue 

any more new permits or new portions 

of permits for the provisions listed in 

Section G after the effective date of this 

authorization. EPA will continue to 

implement and issue permits for HSWA 

requirements for which West Virginia is 

not yet authorized. 

J. How does this 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 

West Virginia. 

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. We do this by 

referencing the authorized State rules in 

40 CFR part 272. We reserve the 

amendment of 40 CFR part 272, subpart 

XX, for this authorization of West 

Virginia’s program revisions until a later 

date. 

L. Administrative Requirements 

The Office of Management and Budget 

has exempted this action from the 

requirements of Executive Order 12866 

(58 FR 51735, October 4, 1993), and 

therefore this action is not subject to 

review by OMB. This action authorizes 

State requirements for the purpose of 

RCRA 3006 and imposes no additional 

requirements beyond those imposed by 

State law. Accordingly, I certify that this 

action will not have a significant 

economic impact on a substantial 

number of small entities under the 

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

et seq.). Because this action authorizes 

pre-existing requirements under State 

law and does not impose any additional 

enforceable duty beyond that required 


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Federal Register / Vol. 78, No. 227 / Monday, November 25, 2013 / Rules and Regulations 70231 

by State law, it does not contain any 

unfunded mandate or significantly or 

uniquely affect small governments, as 

described in the Unfunded Mandates 

Reform Act of 1995 (Pub. L. 104–4). For 

the same reason, this action would not 

significantly or uniquely affect the 

communities of Tribal governments, as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). In any 

case, Executive Order 13175 does not 

apply to this rule since there are no 

Federally recognized tribes in the State 

of West Virginia. 

This action will not have substantial 

direct effects on the States, on the 

relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999), because it merely 

authorizes State requirements as part of 

the State RCRA hazardous waste 

program without altering the 

relationship or the distribution of power 

and responsibilities established by 

RCRA. This action also is not subject to 

Executive Order 13045 (62 FR 19885, 

April 23, 1997), because it is not 

economically significant and it does not 

make decisions based on environmental 

health or safety risks that may 

disproportionately affect children. This 

rule is not subject to Executive Order 

13211, ‘‘Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355 (May 

22, 2001)) because it is not a significant 

regulatory action under Executive Order 

12866. 

Under RCRA 3006(b), EPA grants a 

State’s application for authorization as 

long as the State meets the criteria 

required by RCRA. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a State 

authorization application, to require the 

use of any particular voluntary 

consensus standard in place of another 

standard that otherwise satisfies the 

requirements of RCRA. Thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

3701, et seq.) do not apply. As required 

by section 3 of Executive Order 12988 

(61 FR 4729, February 7, 1996), in 

issuing this rule, EPA has taken the 

necessary steps to eliminate drafting 

errors and ambiguity, minimize 

potential litigation, and provide a clear 

legal standard for affected conduct. EPA 

has complied with Executive Order 

12630 (53 FR 8859, March 18, 1988) by 

examining the takings implications of 

the rule in accordance with the Attorney 

General’s Supplemental Guidelines for 

the Evaluation of Risk and Avoidance of 

Unanticipated Takings issued under the 

executive order. This rule does not 

impose an information collection 

burden under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this document and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication in the Federal Register. A 

major rule cannot take effect until 60 

days after it is published in the Federal 

Register. This action is not a ‘‘major 

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

action will be effective January 24, 2014. 

List of Subjects in 40 CFR Part 271 

Environmental protection, 

Administrative practice and procedure, 

Confidential business information, 

Hazardous waste, Hazardous waste 

transportation, Indian lands, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements. 

Authority: This action is issued under the 

authority of sections 2002(a), 3006 and 

7004(b) of the Solid Waste Disposal Act, as 

amended, 42 U.S.C. 6912(a), 6926, 6974(b). 

Dated: November 1, 2013. 

Shawn M. Garvin, 

Regional Administrator, EPA Region III. 

[FR Doc. 2013–28151 Filed 11–22–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–1986–0005; FRL–9903– 

02–Region 5] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan; National Priorities List: Deletion 

of the Columbus Old Municipal Landfill 

#1 Superfund Site 

AGENCY: U.S. Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The U.S. Environmental 

Protection Agency Region 5 is 

publishing a direct final Notice of 

Deletion of the Columbus Old 

Municipal Landfill #1 Superfund Site 

(Site) located in Bartholomew County, 

Indiana from the National Priorities List 

(NPL). The NPL, promulgated pursuant 

to Section 105 of the Comprehensive 

Environmental Response, 

Compensation, and Liability Act 

(CERCLA) of 1980, as amended, is an 

appendix of the National Oil and 

Hazardous Substances Pollution 

Contingency Plan (NCP). This direct 

final deletion is being published by EPA 

with the concurrence of the State of 

Indiana, through the Indiana 

Department of Environmental 

Management (IDEM), because EPA has 

determined that all appropriate 

response actions under CERCLA, other 

than operation, maintenance, and fiveyear reviews, have been completed. 

However, this deletion does not 

preclude future actions under 

Superfund. 

DATES: This direct final deletion is 

effective January 24, 2014 unless EPA 

receives adverse comments by 

December 26, 2013. If adverse 

comments are received, EPA will 

publish a timely withdrawal of the 

direct final deletion in the Federal 

Register informing the public that the 

deletion will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

SFUND–1986–0005, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

online instructions for submitting 

comments. 

• Email: Bernard Schorle, Remedial 

Project Manager, at schorle.bernard@

epa.gov or Janet Pope, Community 

Involvement Coordinator, at 

pope.janet@epa.gov. 

• Fax: Gladys Beard, NPL Deletion 

Process Manager, at (312) 697–2077. 

• Mail: Bernard Schorle, Remedial 

Project Manager, U.S. Environmental 

Protection Agency (SR–6J), 77 West 

Jackson Boulevard, Chicago, IL 60604, 

(312) 886–4746 or Janet Pope, 

Community Involvement Coordinator, 

U.S. Environmental Protection Agency 

(SI–7J), 77 West Jackson Boulevard, 

Chicago, IL 60604, (312) 353–0628 or 

toll free at 1 (800) 621–8431. 

• Hand delivery: Janet Pope, 

Community Involvement Coordinator, 

U.S. Environmental Protection Agency 

(SI–7J), 77 West Jackson Boulevard, 

Chicago, IL 60604. Such deliveries are 

only accepted during the docket’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. The 

normal hours are Monday through 


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