[Federal Register Volume 65, Number 187 (Tuesday, September 26, 2000)]
[Rules and Regulations]
[Pages 57734-57739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-24566]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-6875-3]


Pennsylvania: Final Authorization of State Hazardous Waste 
Management Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate final rule.

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SUMMARY: The Commonwealth of Pennsylvania (Commonwealth) has

[[Page 57735]]

applied to EPA for Final authorization of changes to its hazardous 
waste program under the Resource Conservation and Recovery Act (RCRA). 
EPA has determined that these changes satisfy all requirements needed 
to qualify for Final authorization, and is authorizing the 
Commonwealth's changes through this immediate final action. EPA is 
publishing this rule to authorize the changes without a prior proposal 
because we view this as a routine program change and do not expect 
comments that oppose it. Unless we get written comments which oppose 
this authorization during the comment period, the decision to authorize 
Pennsylvania's changes to its hazardous waste program will take effect 
as provided below. If we get comments that oppose this action, or 
portions thereof, we will publish a document in the Federal Register 
withdrawing this rule, or portions 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.

DATES: This Final authorization will become effective on November 27, 
2000, unless EPA receives adverse written comment by October 26, 2000. 
If EPA receives such comment, it will publish a timely withdrawal of 
this immediate final rule in the Federal Register and inform the public 
that this authorization will not take effect.

ADDRESSES: Send written comments to Charles Bentley, Mailcode 3WC21, 
RCRA State Programs Branch, U.S. EPA Region III, 1650 Arch Street, 
Philadelphia, PA 19103-2029, Phone number: (215) 814-3379. We must 
receive your comments by October 26, 2000. You can view and copy 
Pennsylvania's application from 8 a.m. to 4:30 p.m., Monday through 
Friday at the following addresses: Pennsylvania Department of 
Environmental Protection, Bureau of Land Recycling and Waste 
Management, P.O. Box 8471, Rachel Carson State Office Building, 
Harrisburg, PA 17105-8471, Phone number (717) 787-6239; Pennsylvania 
Department of Environmental Protection, Southwest Regional Office, 400 
Waterfront Drive, Pittsburgh, PA 15222-4745, Phone number: (412) 442-
4120; and EPA Region III, Library, 2nd Floor, 1650 Arch Street, 
Philadelphia, PA 19103-2029, Phone number: (215) 814-5254. Persons with 
a disability may use the AT&T Relay Service to contact Pennsylvania 
Department of Environmental Protection by calling (800) 654-5984 (TDD 
users), or (800) 654-5988 (voice users).

FOR FURTHER INFORMATION CONTACT: Charles Bentley, Mailcode 3WC21, RCRA 
State Programs Branch, U.S. EPA Region III, 1650 Arch Street, 
Philadelphia, PA 19103-2029, Phone number: (215) 814-3379.

SUPPLEMENTARY INFORMATION:   

A. Why Are Revisions to State Programs Necessary?

    States which have received Final authorization from EPA under RCRA 
section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous waste 
program that is equivalent to, consistent with, and no less stringent 
than the Federal program. As the Federal program changes, States must 
change their programs and ask EPA to authorize the changes. Changes to 
State programs may be necessary when Federal or State statutory or 
regulatory authority is modified or when certain other changes occur. 
Most commonly, States must change their programs because of changes to 
EPA's regulations in 40 Code of Federal Regulations (CFR) parts 124, 
260 through 266, 268, 270, 273 and 279.

B. What Decisions Have We Made in This Rule?

    EPA concludes that Pennsylvania's application to revise its 
authorized program meets all of the statutory and regulatory 
requirements established by RCRA. Therefore, we grant Pennsylvania 
Final authorization to operate its hazardous waste program with the 
changes described in the authorization application. Pennsylvania 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 revised program application, 
subject to the limitations of the Hazardous and Solid Waste Amendments 
of 1984 (HSWA). New Federal requirements and prohibitions imposed by 
Federal regulations that EPA promulgates under the authority of HSWA 
take effect in authorized States before they are authorized for the 
requirements. Thus, EPA will implement those requirements and 
prohibitions in Pennsylvania, including issuing permits, until the 
State is granted authorization to do so.

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

    The effect of this decision is that a facility in Pennsylvania 
subject to RCRA will have to comply with the authorized Commonwealth 
requirements instead of the equivalent Federal requirements in order to 
comply with RCRA. Pennsylvania has enforcement responsibilities under 
its state hazardous waste program for violations of such program, but 
EPA retains authority under RCRA sections 3007, 3008, 3013, and 7003, 
which include, among others, authority to:

<bullet> Do inspections, and require monitoring, tests, analyses or 
reports
<bullet> Enforce RCRA requirements and suspend or revoke permits
<bullet> Take enforcement actions regardless of whether the 
Commonwealth has taken its own actions.

    This action does not impose additional requirements on the 
regulated community because the regulations for which Pennsylvania 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 did not publish a proposal before today's rule because we view 
this as a routine program change and do not expect comments that oppose 
this approval. We are providing an opportunity for public comment now. 
In addition to this rule, in the proposed rules section of today's 
Federal Register we are publishing a separate document that proposes to 
authorize the Commonwealth program 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, we will 
withdraw this rule by publishing a document in the Federal Register 
before the rule becomes effective. EPA will base any further decision 
on the authorization of the Commonwealth's program changes on the 
proposal mentioned in the previous paragraph. We will then address all 
public comments in a later final rule. You may not have another 
opportunity to comment. If you want to comment on this authorization, 
you must do so at this time.
    If we receive comments that oppose only the authorization of a 
particular change to the Commonwealth hazardous waste program, we may 
withdraw that part of this rule but the authorization of the program 
changes that the comments do not oppose will become effective on the 
date specified above. The Federal Register withdrawal document will 
specify which part of the authorization will become effective, and 
which part is being withdrawn.

[[Page 57736]]

F. What Has Pennsylvania Previously Been Authorized for?

    Pennsylvania's Solid Waste Management Act of July 7, 1980 (Public 
Law 380, No. 97), as amended (Act 97), provided for the ``regulation of 
the management of municipal, residual and hazardous waste'' within the 
Commonwealth, and authorized the Department of Environmental Resources 
(DER) and the Environmental Quality Board (EQB) to ``adopt rules, 
regulations, standards and procedures'' to carry out the provisions of 
the act. The Commonwealth received Final authorization from EPA to 
implement its base hazardous waste program effective January 30, 1986 
(51 FR 1791; January 15, 1986).
    On July 1, 1995, the DER was divided into two separate agencies 
through the enactment of House Bill 1400, the Conservation and Natural 
Resources Act. Through this legislation, the environmental protection 
aspects of the former Department of Environmental Resources were placed 
in a newly created Department of Environmental Protection.
    On February 16, 1999, the EQB adopted amendments to the 
Commonwealth's hazardous waste regulations by deleting the existing 
text at Chapters 260 through 267, 269 and 270, and renumbering or 
adding new hazardous waste regulations in Chapters 260a through 266a, 
266b and 268a through 270a. After a public comment period, the 
Commonwealth's regulations became effective on May 1, 1999. The new 
Chapters incorporate by reference the Code of Federal Regulations (CFR) 
in effect as of May 1, 1999, including subsequent modifications and 
additions.

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

    On August 10, 2000, Pennsylvania submitted a final, complete 
program revision application, seeking authorization of its hazardous 
waste regulations, in accordance with 40 CFR 271.21. EPA Region III 
worked closely with Pennsylvania to develop the authorization package. 
Therefore, EPA's comments relative to Pennsylvania's legal authority to 
carry out aspects of the Federal program for which Pennsylvania is 
seeking authorization; the scope of and coverage of activities 
regulated; and Commonwealth procedures, including the criteria for 
permit reviews, public participation and enforcement capabilities, were 
addressed before the submission of the final application by the 
Commonwealth. The Commonwealth also solicited public comments on its 
proposed regulations before they were adopted. The EPA has reviewed 
Pennsylvania's application, and now makes an immediate final decision, 
subject to receipt of adverse written comment, that Pennsylvania's 
hazardous waste program revisions satisfy all of the requirements 
necessary to qualify for Final authorization. Consequently, EPA intends 
to grant Pennsylvania Final authorization for the program modifications 
contained in the program revision application.
    Pennsylvania's program revision application includes Commonwealth 
statutory and regulatory changes to the Commonwealth's authorized 
hazardous waste program, including the adoption of the Federal 
hazardous waste regulations published through July 6, 1999 (including 
the codified Federal regulations plus the Federal rule published in the 
Federal Register on July 6, 1999), with certain exceptions described in 
section H.
    Pennsylvania is today seeking authority to administer the Federal 
requirements that are listed in the chart below. This chart also lists 
the Commonwealth analogs that are being recognized as equivalent to the 
appropriate Federal requirements. Unless otherwise stated, the 
Commonwealth's statutory references are to the Solid Waste Act, Act of 
July 7, 1980 (Public Law 380, No. 97), as amended, Title 35, 
Pennsylvania Statutes (1993) (35 P.S.), sections 6018.102-105, 
6018.401-404, 6018.501-507, 6018.608 and 6018.610, 6018.1001; Right-to-
Know Law, Act of June 21, 1957 (Public Law 390), as amended, (65 P.S. 
sections 66.1 et. seq.); Section 1920-A of the Administrative Code of 
1929, Act of April 9, 1929 (Public Law 177), as amended, 71 P.S. 510-
21; and Administrative Agency Law, Act of November 25, 1970 (Public Law 
707), as amended, section 602 (2 Pa. C.S.A. sections 504-506). The 
regulatory references are to Title 25, Pennsylvania Code (25 Pa. Code), 
Chapters 260a through 266a, 266b, 268a, and 270a, effective May 1, 
1999.

------------------------------------------------------------------------
      Federal requirement           Analogous Pennsylvania Authority
------------------------------------------------------------------------
                  Base Program through RCRA Cluster IX
------------------------------------------------------------------------
40 CFR Part 260--Hazardous      Title 35, Pennsylvania Statutes (35
 Waste Management System:        P.S.) 6018.102, 6018.103, 6018.104(1),
 General, as of July 1, 1999.    6018.104(6), 6018.105(a); Title 25,
                                 Pennsylvania Code (25 Pa. Code),
                                 Chapter 260a.
                                (More stringent provision: 260a.20).
40 CFR Part 261--               35 P.S. 6018.102, 6018.103, 6018.104(1),
 Identification and Listing of   6018.104(6), 6018.105(a) and 6018.402;
 Hazardous Waste, as of July     25 Pa. Code, Chapter 261a, except
 1, 1999.                        261a.5(c) and 261a.6(d).
                                (More stringent provisions: 261a.3,
                                 261a.4, 261a.5(b) and 261a.6(c)).
40 CFR Part 262--Standards      35 P.S. 6018.104(1), 6018.104(6),
 Applicable to the Generators    6018.105(a), 6018.401(a) and 6018.403;
 of Hazardous Wastes, as of      25 Pa. Code, Chapter 262a.
 July 1, 1999.                  (More stringent provisions: 262a.20(5),
                                 262a.22, 262a.23(a)(2), and 262a.100).
40 CFR Part 263--Standards      35 P.S. 6018.104(1), 6018.104(6),
 Applicable to the               6018.105(a), 6018.401, 6018.403,
 Transporters of Hazardous       6018.404(b), 6018.501(b), 6018.502,
 Wastes, as of July 1, 1999.     6018.503, 6018.505(e) and 6018.610(6);
                                 25 Pa. Code, Chapter 263a, except Secs.
                                 263a.12, 263a.13, 263a.23 through
                                 263a.26, and 263a.32.
                                (More stringent provisions: 263a.20(2)
                                 and 263a.30).
40 CFR Part 264--Standards for  35 P.S. 6018.102(4), 6018.104(1),
 Owners and Operators of         6018.104(6), 6018.105(a), 6018.401,
 Hazardous Waste Treatment,      6018.403, 6018.501, 6018.502, 6018.505,
 Storage, and Disposal           6018.506, 6018.507 6018.608(2); 25 Pa.
 Facilities, as of July 1,       Code, Chapter 264a, except Secs.
 1999.                           264a.11, and 264a.78 through 264a.83.
                                (More stringent provisions:
                                 264a.1(b)(4), 264a.13, 264a.15,
                                 264a.18, 264a.56, 264a.71, 264a.97,
                                 264a.173, 264a.180, 264a.194, 264a.195,
                                 264a.221, 264a.251, 264a.273, 264a.276,
                                 and 264a.301(1) & (2)).

[[Page 57737]]

 
40 CFR Part 265--Interim        35 P.S. 6018.102, 6018.104(1),
 Status Standards for Owners     6018.104(6), 6018.104(7), 6018.105(a),
 and Operators of Hazardous      6018.403, 6018.404(a) and 6018.1001; 25
 Waste Treatment, Storage, and   Pa. Code, Chapter 265a, except Secs.
 Disposal Facilities, as of      265a.11 and 265a.78 through 265a.83.
 July 1, 1999.                  (More stringent provisions: 265a.13,
                                 265a.15, 265a.18, 265a.56, 265a.71,
                                 265a.173, 265a.175, 265a.179, 265a.194,
                                 265a.195, 265a.382).
40 CFR Part 266--Standards for  35 P.S. 6018.102(4), 6018.104(1),
 the Management of Specific      6018.104(6), 6018.105(a), 6018.401,
 Hazardous Wastes and Specific   6018.403, 6018.501(b), 6018.502,
 Types of Hazardous Waste        6018.507 and 6018.608(2); 25 Pa. Code,
 Management Facilities, as of    Chapter 266a, except Secs. 266a.70(1),
 July 1, 1999.                   266a.80(b).
                                (More stringent provisions: 266a.70(2),
                                 266a.80(a)).
40 CFR Part 268--Land Disposal  35 P.S. 6018.102, 6018.104(1),
 Restrictions, as of July 1,     6018.104(6), 6018.105(a) and
 1999.                           6018.401(a); 25 Pa. Code, Chapter 268a.
40 CFR Part 270--The Hazardous  35 P.S. 6018.102, 6018.103, 6018.104,
 Waste Permit Program, as of     6018.105(b), 6018.401, 6018.403(a),
 July 1, 1999.                   6018.501, 6018.502, 6018.503, 6018.504
                                 and 6018.610; 65 P.S. 66.1 et seq.;
                                 Sec. 71 P.S. Sec. 510-21; 2 Pa. C. S.A.
                                 504-506; 25 Pa. Code, Chapter 270a,
                                 except 270a.3, 270a.10(b) & (c),
                                 270a.29(b), 270.41(1)-(6), 270a.80
                                 through 270a.84, 270a.10(b) & (c),
                                 270a.29(b), 270a.41(1)-(6), 270a.80
                                 through 270a.84.
                                (More stringent provisions: 270.1(b),
                                 270a.4, 270a.13, 270a.29(a), 270a.41
                                 introductory paragraph, 270a.43, and
                                 270a.60(b) & (c)).
40 CFR Part 124--Permit         35 P.S. 6018.102, 6018.103, 6018.104,
 Procedures, as of July 1,       6018.105(b), 6018.401, 6018.403(a),
 1999.                           6018.501, 6018.502, 6018.503, 6018.504
                                 and 6018.610; 25 Pa. Code, Chapter
                                 270a, 270a.41(1)-(6), 270a.10(c),
                                 270a.29(b), 270a.80 and 270a.81.
                                (More stringent provisions: 270a.41(6)
                                 and 270a.80(a)(4)).
40 CFR Part 273--Standards for  35 P.S. 6018.102, 6018.104, 6018.105; 25
 Universal Waste Management,     Pa. Code, Chapter 266b, except
 as of July 1, 1999.             266b.50(a).
                                (More stringent provision: 266b.60).
------------------------------------------------------------------------
                           Non-HSWA Cluster II
------------------------------------------------------------------------
Radioactive Mixed Waste (MW)    35 P.S. 6018.102, 6018.103, 6018.104(1)
 (51 FR 24504, July 3, 1986).    & (6) and 6018.105(a).
------------------------------------------------------------------------
                             HSWA Cluster I
------------------------------------------------------------------------
Sharing of Information With     35 P.S. 6018.104(2) and 6018.502(c). 25
 the Agency for Toxic            Pa. Code, 270a.82.
 Substances and Disease
 Registry (SI) (RCRA 3019(b)).
------------------------------------------------------------------------
                             RCRA Cluster X
------------------------------------------------------------------------
Universal Waste Rule: Specific  35 P.S. 6018.102, 6018.104 and 6018.105;
 Porvisions for Hazardous        25 Pa. Code, Chapter 266b.1 and
 Waste Lamps (64 FR 36466-       266b.30(a).
 36490, July 6, 1999).
------------------------------------------------------------------------

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

    The Pennsylvania hazardous waste program contains several 
provisions which are more stringent than the Federal RCRA program. The 
more stringent provisions are being recognized as a part of the 
Federally-authorized program and are Federally enforceable. The 
specific more stringent provisions are noted in the chart above and in 
the Commonwealth's authorization application, and include, but are not 
limited to, the following:
    1. At 25 Pa. Code section 261a.5(b), Pennsylvania is more stringent 
than 40 CFR 261.5(f)(3)(iv)&(v) and 261.5(g)(3)(iv)&(v) because 
conditionally-exempt small quantity generators may not dispose of 
hazardous waste in a municipal or residual waste landfill in 
Pennsylvania. The Federal program allows disposal in such facilities.
    2. At 25 Pa. Code section 262a.100, Pennsylvania requires 
generators to prepare a source reduction strategy every five years, or 
sooner if there is a change in the type of waste generated or in the 
manufacturing process. This requirement is in addition to the Federal 
requirements at 40 CFR 262.41(a)(6) & (7), which Pennsylvania has 
incorporated by reference, to report waste minimization efforts 
biennially.
    3. Pennsylvania's requirements at 25 Pa. Code sections 264a.221 and 
264a.301 are more stringent than the Federal requirements for surface 
impoundments and landfills at 40 CFR 264.221(a) & (c) and 264.301(a) & 
(c), respectively. The Commonwealth requires that surface impoundments 
and landfills must be designed to maintain a minimum distance of four 
feet between the bottom of the liner and seasonal high water table 
without the use of artificial or manmade drainage or dewatering 
systems. In addition, the distance between the top of the subbase and 
the regional water table must be at least eight feet. The Federal 
requirements do not specify such minimum distances.
    A number of the Commonwealth's regulations are not being authorized 
by today's actions. Such provisions include, but are not limited to, 
the following:
    1. Pennsylvania has regulations defining how program information is 
to be shared with the public, but is not seeking authorization at this 
time for the Availability of Information requirements relative to RCRA 
section 3006(f).
    2. Pennsylvania is not seeking authority for the Federal corrective 
action program. EPA will continue to administer this part of the 
program. The Commonwealth is planning to apply for the corrective 
action program in a subsequent authorization revision application.
    3. At 25 Pa. Code sections 270a.83 and 270a.84, Pennsylvania has 
analogs to the Federal expanded public participation requirements as 
found in 40 CFR 124.31 and 124.33, respectively. However, because the 
Commonwealth has not adopted an analog to 40 CFR 124.32, the 
Commonwealth is not being authorized for the Federal rule

[[Page 57738]]

published on December 11, 1995 (60 FR 63417; Revision Checklist 148).
    4. The Commonwealth has adopted, but is not seeking authorization 
for, the organobromine production wastes provisions addressed by the 
final rules published in the Federal Register on May 4, 1998 (63 FR 
24596), June 29, 1998 (63 FR 35147) and August 10, 1998 (63 FR 42580).
    5. Pennsylvania has incorporated the Federal hazardous waste export 
provisions at 40 CFR part 262, subparts E and H into its regulations at 
25 Pa. Code sections 262a.55 and 262a.80. However, the Commonwealth is 
not seeking authorization for these provisions at this time. EPA will 
continue to implement those requirements as appropriate.
    6. Pennsylvania is not seeking authorization for the Federal used 
oil regulations at this time. The Commonwealth's current used oil 
regulations are being revised to more closely follow the Federal 
standards.
    The Commonwealth's regulations contain several requirements that go 
beyond the scope of the Federal program, and thus are not part of the 
program being authorized by today's action. EPA cannot enforce these 
requirements which are broader in scope, although compliance with these 
provisions is required by Commonwealth law. Such provisions include, 
but are not limited to, the following:
    1. Pennsylvania's regulations at 25 Pa. Code section 263a place 
requirements on transporters that are not part of the Federal 
regulations. Transporters in Pennsylvania must obtain a license from 
the Department, must pay a hazardous waste transportation fee, must 
post a bond, and must prepare an in-transit preparedness, prevention 
and contingency plan.
    2. Hazardous waste management facilities are subject to siting 
requirements in Chapter 269a which are beyond the scope of the Federal 
program.
    3. Pennsylvania requires hazardous waste storage, treatment and 
disposal facilities to pay hazardous waste management fees, 
administration fees, and permit application fees. Federal regulations 
do not require such fees.

I. Who Handles Permits After the Authorization Takes Effect?

    After authorization, Pennsylvania will issue permits covering 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 which we issued prior to the 
effective date of this authorization until the timing and process for 
effective transfer to the Commonwealth are mutually agreed upon. Until 
such time as formal transfer of EPA permit responsibility to the 
Commonwealth occurs and EPA terminates its permit, EPA and the 
Commonwealth 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 the Chart above after 
the effective date of this authorization. EPA will continue to 
implement and issue permits for HSWA requirements for which 
Pennsylvania is not yet authorized.

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

    Pennsylvania is not seeking authority to operate the program on 
Indian lands, since there are no Federally-recognized Indian Lands in 
the Commonwealth.

K. What Is Codification and Is EPA Codifying Pennsylvania's 
Hazardous Waste Program as Authorized in This Rule?

    Codification is the process of placing the Commonwealth's statutes 
and regulations that comprise the Commonwealth's authorized hazardous 
waste program into the Code of Federal Regulations. We do this by 
referencing the authorized Commonwealth rules in 40 CFR part 272. We 
reserve the amendment of 40 CFR part 272, subpart NN, for this 
authorization of Pennsylvania's program changes 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 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 (Public Law 104-4). For the same reason, 
this action also does not significantly or uniquely affect the 
communities of tribal governments, as specified by Executive Order 
13084 (63 FR 27655, May 10, 1998). 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.
    Under RCRA 3006(b), EPA grants a State's application for 
authorization as long as the State meets the criteria required by RCRA. 
It would thus be inconsistent with applicable law for EPA, when it 
reviews a State authorization application, to require the use of any 
particular voluntary consensus standard in place of another standard 
that otherwise satisfies the requirements of RCRA. Thus, the 
requirements of section 12(d) of the National Technology Transfer and 
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required 
by section 3 of Executive Order 12988 (61 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 15, 1988) by examining 
the takings implications of the rule in accordance with the Attorney 
General's ``Supplemental Guidelines for the Evaluation of Risk and 
Avoidance of Unanticipated Takings'' issued under the executive order. 
This rule does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this document and 
other required information to the U.S.

[[Page 57739]]

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 November 27, 2000.

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. 00-24566 Filed 9-25-00; 8:45 am]
BILLING CODE 6560-50-P