[Federal Register Volume 65, Number 208 (Thursday, October 26, 2000)]
[Rules and Regulations]
[Pages 64164-64167]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-27576]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-6892-8]


Vermont: Final Authorization of State Hazardous Waste Management 
Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate final rule; technical correction.

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SUMMARY: Vermont has applied to EPA for Final authorization of certain 
changes to its hazardous waste program under the Resource Conservation 
and Recovery Act (RCRA). EPA has determined that these changes satisfy 
all requirements needed to qualify for Final authorization, and is 
authorizing the State's changes through this immediate final action. 
EPA is publishing this rule to authorize the changes without a prior 
proposal because we believe this action is not controversial 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 Vermont's changes to their hazardous waste program will take 
effect as provided below. If we get comments that oppose this action, 
we will publish a document in the Federal Register withdrawing this 
rule before it takes effect and the separate document in the proposed 
rules section of this Federal Register will serve as the proposal to 
authorize the changes.

DATES: This Final authorization will become effective on December 26, 
2000, unless EPA receives adverse written comment by November 27, 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 immediate effect.

ADDRESSES: Send written comments to Geri Mannion, EPA New England, One 
Congress Street, Suite 1100 (CHW), Boston, MA 02114-2023; Phone number: 
(617) 918-1648. We must receive your comments by November 27, 2000. You 
can view and copy materials submitted by Vermont during normal business 
hours at the following locations: EPA New England Library, One Congress 
Street, Suite 1100 (LIB), Boston, MA 02114-2023; Phone number: (617) 
918-1990; Business hours: 9 AM to 4 PM; or the Agency of Natural 
Resources, 103 South Main Street--West Office Building, Waterbury, VT 
05671-0404; Phone number; (802) 241-3888; Business hours: 7:45 AM to 
4:30 PM.

FOR FURTHER INFORMATION CONTACT: Geri Mannion, EPA New England, One 
Congress Street, suite 1100 (CHW), Boston, MA 02114-2023; Phone number: 
(617) 918-1648.

SUPPLEMENTARY INFORMATION:

Technical Corrections

    In addition to authorizing the changes to Vermont's hazardous waste 
program, EPA is making a technical correction to a provision referenced 
in its immediate final rule published in the Federal Register on May 3, 
1993 (58 FR 26242) and effective August 6, 1993 (58 FR 31911) which 
authorized the State for other earlier revisions to its hazardous waste 
program.

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?

    We conclude that Vermont's application to revise its authorized 
program meets all of the statutory and regulatory requirements 
established by RCRA. Therefore, we grant Vermont Final authorization to 
operate its hazardous waste program with the changes described in the 
authorization application. Vermont has responsibility for permitting 
Treatment, Storage, and Disposal Facilities (TSDFs) within its borders 
and for carrying out the aspects of the RCRA program 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 Vermont, including

[[Page 64165]]

issuing permits, until the State is granted authorization to do so.

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

    The effect of this decision is that a facility in Vermont subject 
to RCRA will now have to comply with the authorized State requirements 
instead of the equivalent Federal requirements in order to comply with 
RCRA. Vermont has enforcement responsibilities under its state 
hazardous waste program for violations of such program, but EPA retains 
its full authority under RCRA sections 3007, 3008, 3013, and 7003.
    This action does not impose additional requirements on the 
regulated community because the regulations for which Vermont is being 
authorized by today's action are already effective, 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 non-controversial 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 state program 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 state 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 State hazardous waste program, we will 
withdraw that part of this rule but the authorization of the program 
changes that the comments do not oppose will become effective on the 
date specified 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 Vermont Previously Been Authorized for?

    Vermont initially received Final authorization on January 7, 1985, 
effective January 21, 1985 (50 FR 775) to implement the RCRA hazardous 
waste management program. The Region published an immediate final rule 
for certain revisions to Vermont's program on May 3, 1993 (58 FR 26242) 
and reopened the comment period for these revisions on June 7, 1993 (58 
FR 31911). The authorization became effective August 6, 1993 (58 FR 
31911). The Region granted authorization for further revisions to 
Vermont's program on September 24, 1999 (64 FR 51702), effective 
November 23, 1999. On October 18, 1999 (64 FR 56174) the Region 
published a correction to the immediate final rule published on 
September 24, 1999, with the effective date of November 23, 1999.

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

    On August 11, 2000, in accordance with 40 CFR 271.2, Vermont 
submitted a final complete program revision application seeking 
authorization for its revisions adopted March 28, 2000. We now make an 
immediate final decision, subject to receipt of written comments that 
oppose this action, that Vermont's hazardous waste program revision 
satisfies all of the requirements necessary to qualify for Final 
authorization. Therefore, we grant Vermont Final authorization for the 
following program changes:

------------------------------------------------------------------------
                                               Analogous State authority
      Description of Federal requirement                  \1\
------------------------------------------------------------------------
  Non-HSWA Requirements Prior to Non-HSWA I
              Cluster Checklists
 
Correction for Checklist 8: Lime Stabilized    No State analog for this
 Pickle Liquor Sludge; 49 FR 23284-23287;       revision; the State is
 June 5, 1984.                                  more stringent
 
         RCRA VIII Cluster Checklist
 
(160) Land Disposal Restrictions Phase III--   7-106(a), 7-109(a).
 Emergency Extension of the K088 National
 Capacity Variance, Amendment, 62 FR 37694-
 37699; July 14, 1997.
(161) Emergency Revision of the Carbamate      7-106(a), 7-109(a).
 Land Disposal Restrictions; 62 FR 45568;
 August 28, 1997.
(162) Clarification of Standards for           7-106(a), 7-109(a).
 Hazardous Waste LDR Treatment Variances; 62
 FR 64504-64509; December 5, 1997.
(166) Recycled Used Oil Management Standards;  7-803(a), 7-805(d), 7-
 Technical Correction and Clarification; 63     806(e)(1)(A)-(D), 7-
 FR 24963-24969; May 6, 1998: as amended July   109(a), 7-811(b)(3), 7-
 14, 1998, at 63 FR 37780-37782.                813, 7-812(f)
(167A) Land Disposal Restrictions Phase IV--   7-106(a), 7-109(a).
 Treatment Standards for Metal Wastes and
 Mineral Processing Wastes; 63 FR 28556-
 28753; May 26, 1998.
(167B) Land Disposal Restrictions Phase IV--   7-106(a), 7-109(a).
 Hazardous Soils Treatment Standards and
 Exclusions; 63 FR 28556-28753; May 26, 1998.
(167C) Land Disposal Restrictions Phase IV--   7-106(a), 7-109(a).
 Corrections; 63 FR 28556-28753; May 26,
 1998: as amended at 63 FR 31266, June 8,
 1998.
(167D) Mineral Processing Secondary Materials  No State analogs for this
 Exclusion; 63 FR 28556-28753; May 26, 1998.    exclusion; the State
                                                rule is more stringent.
(167E) Bevill Exclusion Revisions and          7-109(a), 7-202(a)(1) &
 Clarifications; 63 FR 28556-28753; May 26,     (3), 7-203(e) & (k).
 1998.
 
          RCRA IX Cluster Checklists
 
(170) Land Disposal Restrictions Phase IV--    7-106(a), 7-109(a).
 Zinc Micronutrient Fertilizers, Amendment;
 63 FR 46332-46334; August 31, 1998.
(171) Emergency Revision of the Land Disposal  7-106(a), 7-109(a).
 Restrictions (LDR) Treatment Standards for
 Listed Hazardous Wastes from Carbamate
 Production; 63 FR 47410-47418; September 4,
 1998.
(172) Land Disposal Restrictions Phase IV--    7-106(a), 7-109(a).
 Extension of Compliance Date for
 Characteristic Slags; 63 FR 48124-48127;
 September 9, 1998.
(173) Land Disposal Restrictions; Treatment    7-106(a), 7-109(a).
 Standards for Spent Potliners from Primary
 Aluminum Reduction (K088); Final Rule; 63 FR
 51254-51267; September 24, 1998.

[[Page 64166]]

 
(174) Post-Closure Permit Requirement and      7-109(a), 7-504(e)(1), 7-
 Closure Process; 63 FR 56710-56735; October    510(c)(1), 7-504(f), 7-
 22, 1998.                                      505(b).
(175) HWIR-Media; 63 FR 65874-65947; November  7-103, 7-109(a), 7-
 30, 1998.                                      504(e)(1), 7-510(c), 7-
                                                106; the State rule is
                                                more stringent because
                                                it is not adopting the
                                                optional rules for
                                                Remedial Actions Plans.
(176) Universal Waste Rule--Technical          7-109(a), 7-204(f)(3), 7-
 Amendments; 63 FR 71225-71230; December 24,    911.
 1998.
(177) Organic Air Emission Standards:          7-311(f)(5), 7-
 Clarification and Technical Amendments; 64     311(g)(2)(B), 7-109(a),
 FR 3382; January 21, 1999.                     57-504(e)(1), 7-510(c).
(179) Land Disposal Restrictions Phase IV--    7-103, 7-602, 7-
 Technical Corrections and Clarifications to    204(a)(3), 7-307(c)(4),
 Treatment Standards; 64 FR 25408-25417; May    7-106(a), 7-109(a).
 11, 1999.
(180) Test Procedures for the Analysis of Oil  7-106(a), 7-109(d).
 and Grease and Non-Polar Material; 64 FR
 26315-26327; May 14, 1999.
64 FR 56469, October 20, 1999: Land Disposal   7-106(a), 7-109(a).
 Restrictions Phase IV: Final Rule
 Promulgating Treatment Standards for Metal
 Wastes and Mineral Processing Wastes;
 Mineral Processing Secondary Materials and
 Bevill Exclusion Issues; Treatment Standards
 for Hazardous Soils and Exclusion of
 Recycled Wood Preserving Wastewaters.
64 FR 52379, September 28, 1999: Project XL    7-109(c).
 Site-specific Rulemaking for University
 Laboratories at the University of Vermont,
 Burlington, VT.
------------------------------------------------------------------------
\1\ Hazardous Waste Management Regulations, effective March 28, 2000.

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

    We consider the following State requirements to be more stringent 
than the Federal requirements and they are part of Vermont's authorized 
program and are federally enforceable.
    <bullet> Vermont did not adopt analogs for the Mineral Processing 
Secondary Minerals Exclusion promulgated at 63 FR 28556--28753 (May 26, 
1998).
    <bullet> Vermont did not adopt the optional remedial action plan 
provisions for the HWIR-Media rule promulgated at 63 FR 65874--65947 
(November 30, 1998).
    There are no Broader-in-scope requirements in this application. 
Broader-in-scope requirements are not part of the authorized program 
and EPA does not enforce them. Although sources must comply with such 
requirements in accordance with state law, they are not Federal RCRA 
requirements.

I. Who Handles Permits After the Authorization Takes Effect?

    Vermont will issue permits for all the provisions for which it is 
authorized and will administer the permits it issues. EPA will not 
issue any more new permits or new portions of permits for the 
provisions listed in the Table above after the effective date of this 
authorization. EPA will continue to implement and issue permits for 
HSWA requirements for which Vermont is not yet authorized.

J. What Technical Correction Is EPA Making Today?

    In listing Checklist 8 on the crosswalk for the rule promulgated at 
58 FR 26243 (May 3, 1993) relating to Lime Stabilized Pickle Liquor 
Sludge, EPA inadvertently asserted that Vermont was seeking 
authorization for 40 CFR 261.3(c)(2). This rule exempts waste pickle 
liquor sludge generated by lime stabilization of spent pickle liquor 
from the iron and steel industry (SIC Codes 331 and 332) from the 
definition of hazardous waste unless it exhibits one or more hazardous 
waste characteristics. Today we are correcting the error in the May 3, 
1993 Federal Register document and noting that Vermont's regulation is 
more stringent because it did not adopt a state analog for the 
exclusion at Section 261.3(c)(2).

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

    Codification is the process of placing the State's statutes and 
regulations that comprise the State's authorized hazardous waste 
program into the Code of Federal Regulations. We do this by referencing 
the authorized State rules in 40 CFR part 272. EPA is authorizing but 
not codifying Vermont's updated program at this time. We reserve the 
amendment of 40 CFR part 272, Subpart UU for this State program 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 
section 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). This rule is 
not subject to Executive Order 13084 relating to the affects on 
communities of tribal governments because there are no Federally 
recognized Indian tribes in Vermont. 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

[[Page 64167]]

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 12898 (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. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication in the Federal Register. A major rule cannot take effect 
until 60 days after it is published in the Federal Register. This 
action is not a ``major rule'' as defined by 5 U.S.C. 804(2). This 
action, nevertheless, will be effective sixty (60) days after 
publication pursuant to the procedures governing immediate final rules.

List of Subjects in 40 CFR Part 271

    Environmental protection, Administrative practice and procedure, 
Confidential business information, Hazardous waste, Hazardous waste 
transportation, 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: October 18, 2000.
Mindy S. Lubber,
Regional Administrator, EPA New England.
[FR Doc. 00-27576 Filed 10-25-00; 8:45 am]
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