64164 Federal Register / Vol. 65, No. 208 / Thursday, October 26, 2000 / Rules and Regulations

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 will be effective December 26,

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).

Dated: August 29, 2000.

A. Stanley Meiburg,

Acting Regional Administrator, Region 4.

[FR Doc. 00–27140 Filed 10–25–00; 8:45 am]

BILLING CODE 6560–50–P

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.

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

Federal Register / Vol. 65, No. 208 / Thursday, October 26, 2000 / Rules and Regulations 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:

Description of Federal requirement Analogous State authority 1

Non-HSWA Requirements Prior to Non-HSWA I Cluster Checklists

Correction for Checklist 8: Lime Stabilized Pickle Liquor Sludge; 49 FR 23284–23287; June 5,

1984.

No State analog for this revision; the State is

more stringent

RCRA VIII Cluster Checklist

(160) Land Disposal Restrictions Phase III—Emergency Extension of the K088 National Capacity Variance, Amendment, 62 FR 37694–37699; July 14, 1997.7–106(a), 7–109(a).

(161) Emergency Revision of the Carbamate Land Disposal Restrictions; 62 FR 45568; August

28, 1997.

7–106(a), 7–109(a).

(162) Clarification of Standards for Hazardous Waste LDR Treatment Variances; 62 FR 64504–

64509; December 5, 1997.

7–106(a), 7–109(a).

(166) Recycled Used Oil Management Standards; Technical Correction and Clarification; 63 FR

24963–24969; May 6, 1998: as amended July 14, 1998, at 63 FR 37780–37782.

7–803(a), 7–805(d), 7–806(e)(1)(A)–(D), 7–

109(a), 7–811(b)(3), 7–813, 7–812(f)

(167A) Land Disposal Restrictions Phase IV—Treatment Standards for Metal Wastes and Mineral Processing Wastes; 63 FR 28556–28753; May 26, 1998.7–106(a), 7–109(a).

(167B) Land Disposal Restrictions Phase IV—Hazardous Soils Treatment Standards and Exclusions; 63 FR 28556–28753; May 26, 1998.7–106(a), 7–109(a).

(167C) Land Disposal Restrictions Phase IV—Corrections; 63 FR 28556–28753; May 26, 1998:

as amended at 63 FR 31266, June 8, 1998.

7–106(a), 7–109(a).

(167D) Mineral Processing Secondary Materials Exclusion; 63 FR 28556–28753; May 26, 1998 No State analogs for this exclusion; the State

rule is more stringent.

(167E) Bevill Exclusion Revisions and Clarifications; 63 FR 28556–28753; May 26, 1998 .......... 7–109(a), 7–202(a)(1) & (3), 7–203(e) & (k).

RCRA IX Cluster Checklists

(170) Land Disposal Restrictions Phase IV—Zinc Micronutrient Fertilizers, Amendment; 63 FR

46332–46334; August 31, 1998.

7–106(a), 7–109(a).

(171) Emergency Revision of the Land Disposal Restrictions (LDR) Treatment Standards for

Listed Hazardous Wastes from Carbamate Production; 63 FR 47410–47418; September 4,

1998.

7–106(a), 7–109(a).

(172) Land Disposal Restrictions Phase IV—Extension of Compliance Date for Characteristic

Slags; 63 FR 48124–48127; September 9, 1998.

7–106(a), 7–109(a).

(173) Land Disposal Restrictions; Treatment Standards for Spent Potliners from Primary Aluminum Reduction (K088); Final Rule; 63 FR 51254–51267; September 24, 1998.7–106(a), 7–109(a).

64166 Federal Register / Vol. 65, No. 208 / Thursday, October 26, 2000 / Rules and Regulations

Description of Federal requirement Analogous State authority 1

(174) Post-Closure Permit Requirement and Closure Process; 63 FR 56710–56735; October

22, 1998.

7–109(a), 7–504(e)(1), 7–510(c)(1), 7–504(f),

7–505(b).

(175) HWIR-Media; 63 FR 65874–65947; November 30, 1998 ..................................................... 7–103, 7–109(a), 7–504(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 Amendments; 63 FR 71225–71230; December 24,

1998.

7–109(a), 7–204(f)(3), 7–911.

(177) Organic Air Emission Standards: Clarification and Technical Amendments; 64 FR 3382;

January 21, 1999.

7–311(f)(5), 7–311(g)(2)(B), 7–109(a), 57–

504(e)(1), 7–510(c).

(179) Land Disposal Restrictions Phase IV—Technical Corrections and Clarifications to Treatment Standards; 64 FR 25408–25417; May 11, 1999.7–103, 7–602, 7–204(a)(3), 7–307(c)(4), 7–

106(a), 7–109(a).

(180) Test Procedures for the Analysis of Oil and Grease and Non-Polar Material; 64 FR

26315–26327; May 14, 1999.

7–106(a), 7–109(d).

64 FR 56469, October 20, 1999: Land Disposal 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.

7–106(a), 7–109(a).

64 FR 52379, September 28, 1999: Project XL Site-specific Rulemaking for University Laboratories at the University of Vermont, Burlington, VT.7–109(c).

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.

• Vermont did not adopt analogs for

the Mineral Processing Secondary

Minerals Exclusion promulgated at 63

FR 28556—28753 (May 26, 1998).

• 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

Federal Register / Vol. 65, No. 208 / Thursday, October 26, 2000 / Rules and Regulations 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]

BILLING CODE 6560–50–M