79446 Federal Register / Vol. 89, No. 189 / Monday, September 30, 2024 / Rules and Regulations 

Citation Title/subject 

County 

effective 

date 

EPA approval date Explanation 

Rule 2.0508 ............ Particulates from Pulp and Paper Mills ... 12/15/2015 9/30/2024, [Insert first page of Federal 

Register citation].

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Rule 2.0513 ............ Particulates from Portland Cement 

Plants.

12/15/2015 9/30/2024, [Insert first page of Federal 

Register citation].

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Rule 2.0514 ............ Particulates from Ferrous Jobbing 

Foundries.

12/15/2015 9/30/2024, [Insert first page of Federal 

Register citation].

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Rule 2.0515 ............ Particulates from Miscellaneous Industrial Processes.12/15/2015 9/30/2024, [Insert first page of Federal 

Register citation].

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Rule 2.0533 ............ Stack Height ............................................ 12/15/2015 9/30/2024, [Insert first page of Federal 

Register citation].

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* * * * * 

[FR Doc. 2024–22134 Filed 9–27–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–R03–RCRA–2024–0046; FRL–11702– 

03–R3] 

West Virginia: Final Authorization of 

State Hazardous Waste Management 

Program Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final action. 

SUMMARY: The state of West Virginia has 

applied to the United States 

Environmental Protection Agency (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 hereby authorizing West 

Virginia’s revisions through this direct 

final rule. 

DATES: This final authorization will 

become effective on November 29, 2024, 

unless EPA receives adverse written 

comments by October 30, 2024. If EPA 

receives any such comments, EPA will 

publish a timely withdrawal of this 

direct final rule in the Federal Register. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R03– 

RCRA–2024–0046 at 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from 

www.regulations.gov. The EPA may 

publish any comment received to its 

public docket. Do not submit 

electronically any information you 

consider to be Confidential Business 

Information (CBI) or other information 

the disclosure of which is restricted by 

statute. Multimedia submissions (audio, 

video, etc.) must be accompanied by a 

written comment. The written comment 

is considered the official comment and 

should include discussion of all points 

you wish to make. The EPA will 

generally not consider comments or 

comment contents located outside of the 

primary submission (i.e., on the web, 

cloud, or other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

www.epa.gov/dockets/commenting-epadockets. 

The EPA encourages electronic 

submittals, but if you are unable to 

submit electronically or need other 

assistance, please contact Priscilla Ortiz 

Carrero, the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

Please also contact Priscilla Ortiz 

Carrero if you need assistance in a 

language other than English or if you are 

a person with disabilities who needs a 

reasonable accommodation at no cost to 

you. 

FOR FURTHER INFORMATION CONTACT: 

Priscilla Ortiz Carrero, RCRA Programs 

Branch, Land, Chemicals and 

Redevelopment Division, U.S. 

Environmental Protection Agency 

Region 3 Four Penn Center, 1600 John 

F. Kennedy Blvd. (Mail code 3LD31), 

Philadelphia, PA 19103–2852, Phone 

number: (215) 814–3428; email: 

ortizcarrero.priscilla@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? 

On August 9, 2022, West Virginia 

submitted a final program revision 

application (with updated checklists 

submitted the following year) seeking 

authorization of revisions to its 

hazardous waste program that 

correspond to certain Federal rules 

promulgated through August 21, 2019. 

EPA concludes that West Virginia’s 

application to revise its authorized 

program meets all of the statutory and 

regulatory requirements established by 

RCRA, as set forth in RCRA section 

3006(b), 42 U.S.C. 6926(b), and 40 CFR 

part 271. Therefore, EPA grants West 

Virginia final authorization to operate 

its hazardous waste program with the 

revisions described in its authorization 

application, as outlined below in 

section G of this preamble. 

West Virginia has responsibility for 

permitting treatment, storage, and 

disposal facilities (TSDFs) within its 


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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 action 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: 

• Perform inspections, and require 

monitoring, tests, analyses or reports; 

• Enforce RCRA requirements and 

suspend or revoke permits; and 

• Take enforcement actions regardless 

of whether West Virginia has taken its 

own actions. 

D. Why was there not a proposed rule 

before this rule? 

Along with this direct final rule, EPA 

is publishing a separate document in the 

‘‘Proposed Rules’’ section of this issue 

of the Federal Register that serves as the 

proposal to authorize these State 

program revisions. EPA did not publish 

a proposed rulemaking before this issue 

of the Federal Register because EPA 

views this action as a routine program 

change and does not expect comments 

that oppose its approval. EPA is 

providing an opportunity for public 

comment now, as described in section E 

of this preamble. 

E. What happens if EPA receives 

comments that oppose this action? 

If EPA receives adverse comments 

pertaining to this State revision, EPA 

will withdraw this direct final rule by 

publishing a document in the Federal 

Register before the rule becomes 

effective. EPA will base any further 

decision on the authorization of West 

Virginia’s program revisions on the 

proposed rulemaking mentioned in the 

previous section, after considering all 

comments received during the comment 

period. EPA will then address all 

relevant 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. 

F. What has West Virginia previously 

been authorized for? 

West Virginia initially received final 

authorization of its hazardous waste 

program effective May 29, 1986 (May 

15, 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); October 16, 2003, effective 

December 15, 2003 (68 FR 59542); and 

November 25, 2013, effective January 

24, 2014 (78 FR 70225). 

G. What revisions is EPA authorizing 

with this action? 

On August 9, 2022, West Virginia 

submitted a final program revision 

application (with subsequent 

corrections) seeking authorization of 

additional revisions to its hazardous 

waste program in accordance with 40 

CFR 271.21. West Virginia’s revision 

application includes various regulations 

that are equivalent to, and no less 

stringent than, selected Federal final 

hazardous waste rules, as published in 

the Federal Register through August 19, 

2019. 

EPA now makes a direct final rule, 

subject to receipt of written comments 

that oppose this action, that West 

Virginia’s hazardous waste program 

revision application satisfies all of the 

requirements necessary to qualify for 

final authorization. Therefore, EPA 

grants West Virginia 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 of this 

preamble. This table lists the West 

Virginia analogs that have been revised; 

these revisions 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’’ (33CSR20), effective July 1, 

2020; Title 45, Series 25 ‘‘Control of Air 

Pollution from Hazardous Waste 

Treatment, Storage and Disposal 

Facilities’’ (45CSR25), effective June 1, 

2020; Title 150, Series 11 ‘‘Rules 

Governing the Transportation of 

Hazardous Waste by Rail’’ (150CSR11), 

effective December 24, 2002; and Title 

157, Series 7 ‘‘Transportation of 

Hazardous Wastes Upon the Roads and 

Highways’’ (157CSR7), effective March 

17, 2020. 

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

Description of Federal requirement 

(revision checklists 1) Federal Register page and date Analogous West Virginia authority 

RCRA Cluster XVI 

Standardized Permit for RCRA Hazardous Waste 

Management Facilities, Revision Checklist 210.

70 FR 53420–53478, 09/08/2005 ............................... 33CSR20 secs, 1.5.a, 2.1, 2.1.a, 3.1, 11.1, 11.2, 

11.2.a, 11.4, 11.4.a, 11.4.b, 11.4.c, 11.5, 11.5.a, 

11.6, 11.8, 11.8.b, 11.8.b.1, 11.11, 11.12, 11.13, 

11.16, 11.17, and 16. 

RCRA Cluster XXI 

Removal of Saccharin and Its Salts from the Lists of 

Hazardous Constituents, Checklist 225.

75 FR 78918–78926, 12/17/2010 ............................... 33CSR20 sec. 3.1. 

Academic Laboratories Generator Standards Technical Corrections, Revision Checklist 226.75 FR 79304–79308, 12/20/2010 ............................... 33CSR20 sec. 5.1. 

Revision of the Land Disposal Treatment Standards 

for Carbamate Wastes, Revision Checklist 227.

76 FR 34147–34157, 06/13/2011 ............................... 33CSR20 sec. 10.1. 


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

Description of Federal requirement 

(revision checklists 1) Federal Register page and date Analogous West Virginia authority 

RCRA Cluster XXII 

Hazardous Waste Technical Corrections and Clarifications Rule, Revision Checklist 228.77 FR 22229–22232, 04/13/2012 ............................... 33CSR20, secs. 3.1 and 9.1; 45CSR25, secs. 1.6.a 

and 1.6.b. 

RCRA Cluster XXIII 

Conditional Exclusions for Solvent Contaminated 

Wipes, Revision Checklist 229.

78 FR 46448–46485, 07/31/2013 ............................... 33CSR20, secs. 2.1.a, 3.1, and 5.3; 45CSR25, secs. 

1.6.a and 1.6.b. 

Conditional Exclusion for Carbon Dioxide (CO2) 

Streams in Geologic Sequestration Activities, Revision Checklist 230.

79 FR 350–364, 01/03/2014 ....................................... 33CSR20, secs. 2.1.a and 3.1. 

RCRA Cluster XXIV 

Revisions to the Definition of Solid Waste Non-waste 

determinations and variances, Revision Checklist 

233A.

80 FR 1694–1814 (January 13, 2015); 83 FR 24664– 

24671 (May 30, 2018).

33CSR20, sec. 2.1. 

Revisions to the Definition of Solid Waste Legitimacy 

related provisions, Revision Checklist 233B.

80 FR 1694–1814 (January 13, 2015); 83 FR 24664– 

24671 (May 30, 2018).

33CSR20, secs. 2.1, 2.1.a, and 3.1. 

Revisions to the Definition of Solid Waste Speculative 

Accumulation, Revision Checklist 233C.

80 FR 1694–1814 (January 13, 2015) ........................ 33CSR20, sec. 3.1. 

Revisions to the Definition of Solid Waste: 2008 DSW 

exclusions and non-waste determinations, including 

revisions from 2015 DSW final rule and 2018 DSW 

final rule, Revision Checklist 233D2.

80 FR 1694–1814 (January 13, 2015); 83 FR 24664– 

24671 (May 30, 2018).

33CSR20 secs. 2.1, 2.1.a, 3.1, and 11.1. 

Revisions to the Definition of Solid Waste: Remanufacturing exclusion, Revision Checklist 233E.80 FR 1694–1814 (January 13, 2015) ........................ 33CSR20 secs. 2.1.a. and 3.1. 

Response to Vacaturs of the Comparable Fuels Rule 

and the Gasification Rule, Revision Checklist 234.

80 FR 18777–18780, 04/08/2015 ............................... 33CSR20 secs. 2.1.a and 3.1. 

Disposal of Coal Combustion Residuals from Electric 

Utilities, Revision Checklist 235.

80 FR 21302–21501, 04/17/2015 ............................... 33CSR20 sec. 3.1. 

RCRA Cluster XXV 

Hazardous Waste Generator Rule Improvements, Revision Checklist 237.81 FR 85730–85829, 11/28/2016 ............................... 33CSR20 secs. 2.1, 2.1.a, 2.5.d, 3.1, 4, 4.2, 5.1, 5.2, 

5.2.a, 5.3, 5.4, 6.1, 6.2, 7.2, 8.1, 8.6, 9.1, 10.1, 

11.1, 13.1, 13.4, 14, and 14.1; 157CSR7 secs. 3, 

3.1.1, 5.1; 150CSR11 secs. 1.7, 1.8, 1.11, 2, 4, 8, 

9, 10; 45CSR25 secs. 1.6.a, 1.6.b. 

RCRA Cluster XXVII 

Safe Management of Recalled Airbags, Revision 

Checklist 240.

83 FR 61552–61563, 11/30/2018 ............................... 33CSR20 secs. 2.1.a, 3.1, and 5.1. 

Management Standards for Hazardous Waste Pharmaceuticals and Amendment to the P075 Listing for 

Nicotine, Revision Checklist 241.

84 FR 5816–5950, 02/22/2019 ................................... 33CSR20 secs, 3.1, 5.1, 7.2, 8.1, 9.1, 10.1, 11.1, 

and 13.1. 

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 https://www.epa.gov/rcra/state-authorization-under-resource-conservation-and-recovery-act-rcra. 

2. State-Initiated Revisions 

In addition, West Virginia will be 

authorized to carry out, in lieu of the 

Federal program, State-initiated 

revisions to provisions of the State’s 

program. These State-initiated revisions 

are related to the adoption and 

renumbering of provisions throughout 

the State’s hazardous waste regulations. 

The changes improve the clarity of the 

State’s regulations and provide the 

necessary conforming changes due to 

State terms, or which are related to 

Federal amendments that do not apply 

to West Virginia. Tables 2 and 3 of this 

preamble list the updates on 33CSR20, 

effective July 1, 2020, where the State 

incorporates by reference per 33CSR20 

sec. 1.5 the Federal counterparts in 

effect on August 21, 2019. 

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

State citation as found in 33CSR20, effective June 1, 2012 State citation as found in 33CSR20, effective July 1, 2020 

33CSR20 sec. 1.9 .................................................................................... 33CSR20 sec. 1.6. 

33CSR20 sec. 3.2 .................................................................................... 33CSR20 sec. 5.3. 

33CSR20 sec. 4.2.b ................................................................................. 33CSR20 sec. 4.2.a. 

33CSR20 sec. 4.2.c ................................................................................. 33CSR20 sec. 4.2.b. 

33CSR20 sec. 4.2.d ................................................................................. 33CSR20 sec. 4.2.c. 

33CSR20 sec. 4.2.e ................................................................................. 33CSR20 sec. 4.2.d. 

33CSR20 sec. 5.5 .................................................................................... 33CSR20 sec. 5.4. 

33CSR20 sec. 7.6.a ................................................................................. 33CSR20 sec. 7.6. 

33CSR20 sec. 8.2 .................................................................................... 33CSR20 sec. 8.3 and 8.3.a.

33CSR20 sec. 8.2 and 8.3 general rewrite. 


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

State citation as found in 33CSR20, effective June 1, 2012 State citation as found in 33CSR20, effective July 1, 2020 

33CSR20 sec. 8.3 .................................................................................... 33CSR20 sec. 8.4. 

33CSR20 sec. 8.4 .................................................................................... 33CSR20 sec. 8.5. 

33CSR20 sec. 8.5 .................................................................................... 33CSR20 sec. 8.6. 

TABLE 3—PROVISIONS ADDED OR REMOVED FROM WEST VIRGINIA’S HAZARDOUS WASTE REGULATIONS

State citation as found in 33CSR20, effective June 1, 2015 State citation as found in 33CSR20, effective July 1, 2020 

33CSR20 sec. 1.6 through 33CSR20 sec. 1.8 ........................................ Removed. 

33CSR20 sec. 1.10 .................................................................................. Removed. 

33CSR20 sec. 2.1.b ................................................................................. Removed. 

33CSR20 sec. 2.1.a.3 .............................................................................. Added. 

33CSR20 sec. 3.3 .................................................................................... Removed. 

33CSR20 sec. 4.1.a through 33CSR20 sec. 4.1.b .................................. Removed. 

33CSR20 sec. 4.2.a ................................................................................. Removed. 

33CSR20 sec. 4.2.f .................................................................................. Removed. 

33CSR20 sec. 5.4 .................................................................................... Removed. 

33CSR20 sec. 5.6 .................................................................................... Removed. 

33CSR20 sec. 5.7 .................................................................................... Removed. 

33CSR20 sec. 8.2 .................................................................................... Removed. 

33CSR20 sec. 11.2.b ............................................................................... Removed. 

H. Where are the revised West Virginia 

rules different from the Federal rules? 

When revised State rules differ from 

the Federal rules in the RCRA State 

authorization process, EPA determines 

whether the State rules are equivalent 

to, more stringent than, or broader in 

scope than the Federal program. 

Pursuant to RCRA section 3009, 42 

U.S.C. 6929, State programs may 

contain requirements that are more 

stringent than the Federal regulations. 

Such more stringent requirements can 

be federally authorized and, once 

authorized, become federally 

enforceable. West Virginia’s hazardous 

waste program contains several 

provisions that are more stringent than 

the RCRA program. They include, but 

are not limited to, the following: 

1. West Virginia’s regulation at 

33CSR20 section 4 requires notification 

to the State of activities involving 

hazardous waste in the State of West 

Virginia. This is in addition to the 

Federal notification requirements found 

at 40 CFR 262.10(a)(2)(i), 262.13(c)(1), 

262.14(a), 262.16, 262.17, 262.232(a)(2), 

and 266.80(a). 

2. West Virginia’s regulation at 

33CSR20 section 5.3 excepts from 

incorporation by reference the Federal 

regulations at 40 CFR 262.14(a)(5)(iv) 

and (v). These Federal provisions list 

some conditions that must be met by 

very small quantity generators (VSQGs) 

in order to be exempt from meeting 

most of the requirements of 40 CFR 

parts 124, 262–268, and 270. West 

Virginia’s program is more stringent 

because meeting the conditions listed in 

the Federal provisions will not exempt 

VSQGs from the analogous requirements 

listed above. 

I. Who handles permits after this 

authorization takes effect? 

After this authorization revision, West 

Virginia will continue to issue permits 

covering all the provisions for which it 

is authorized and will administer all 

such permits. EPA will continue to 

administer any RCRA hazardous waste 

permits or portions of permits that it 

issued prior to the effective date of this 

authorization until the timing and 

process for effective transfer to the State 

are mutually agreed upon. Until such 

time as EPA formally transfers 

responsibility for a permit to West 

Virginia and EPA terminates its permit, 

EPA and West Virginia agree to 

coordinate the administration of such 

permit in order to maintain consistency. 

EPA will not issue any more new 

permits or new portions of permits for 

the provisions listed in section G of this 

preamble 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. 1151) 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 

a State’s statutes and regulations that 

comprise the State’s authorized 

hazardous waste program into the Code 

of Federal Regulations. EPA does this by 

referencing the authorized State rules in 

40 CFR part 272. EPA is not codifying 

the authorization of West Virginia’s 

revisions at this time. However, EPA 

reserves the amendment of 40 CFR part 

272, subpart XX, for this authorization 

of West Virginia’s program revisions 

until a later date. 

L. Statutory and Executive Order 

Reviews 

This action is not a significant 

regulatory action as defined in 

Executive Order 12866 (58 FR 51735, 

October 4, 1993), as amended by 

Executive Order 14094 (88 FR 21879, 

April 11, 2023), because this action 

authorizes State requirements pursuant 

to RCRA section 3006 and imposes no 

additional requirements beyond those 

imposed by State law. Therefore, this 

action was not subject to a requirement 

for Executive Order 12866 review. 

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 


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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 also does 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 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 section 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. 

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.). 

Executive Order 12898 (59 FR 7629, 

February 16, 1994) establishes Federal 

executive policy on environmental 

justice. Its main provision directs 

Federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. EPA 

believes that this action does not have 

disproportionately high and adverse 

human health or environmental effects 

on minority populations, low-income 

populations and/or indigenous peoples, 

because it approves pre-existing State 

rules that are no less stringent than 

existing Federal requirements and 

imposes no additional requirements 

beyond those imposed by State law. For 

these reasons, this rule is not subject to 

Executive Order 12898. 

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). 

However, this action will not be 

effective until November 29, 2024 

because it is a direct final rule. 

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 record keeping 

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). 

Adam Ortiz, 

Regional Administrator, EPA Region 3. 

[FR Doc. 2024–21665 Filed 9–27–24; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Parts 422, 423, and 460 

[CMS–4201–F5 and CMS–4205–F4] 

RIN 0938–AV24 and 0938–AU96 

Medicare Program; Changes to the 

Medicare Advantage and the Medicare 

Prescription Drug Benefit Program for 

Contract Year 2024—Remaining 

Provisions and Contract Year 2025 

Policy and Technical Changes to the 

Medicare Advantage Program, 

Medicare Prescription Drug Benefit 

Program, Medicare Cost Plan Program, 

and Programs of All-Inclusive Care for 

the Elderly (PACE); Correcting 

Amendment 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), Department 

of Health and Human Services (HHS). 

ACTION: Final rule; correcting 

amendment. 

SUMMARY: This document corrects 

technical and typographical errors in 

the final rule that appeared in the April 

23, 2024 Federal Register titled 

‘‘Medicare Program; Changes to the 

Medicare Advantage and the Medicare 

Prescription Drug Benefit Program for 

Contract Year 2024—Remaining 

Provisions and Contract Year 2025 

Policy and Technical Changes to the 

Medicare Advantage Program, Medicare 

Prescription Drug Benefit Program, 

Medicare Cost Plan Program, and 

Programs of All-Inclusive Care for the 

Elderly (PACE).’’ The effective date of 

the final rule was June 3, 2024. 

DATES: This correcting amendment is 

effective September 30, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Carly Medosch, (410) 786–8633— 

General Questions. 

Naseem Tarmohamed, (410) 786– 

0814—Part C and Cost Plan Issues. 

Lucia Patrone, (410) 786–8621—Part 

D Issues. 

Kelley Ordonio, (410) 786–3453— 

Parts C and D Payment Issues. 

Hunter Coohill, (720) 853–2804— 

Enforcement Issues. 

Lauren Brandow, (410) 786–9765— 

PACE Issues. 

Sara Klotz, (410) 786–1984—D–SNP 

Issues. 

Joe Strazzire, (410) 786–2775—RADV 

Audit Appeals Issues. 

PartCandDStarRatings@

cms.hhs.gov—Parts C and D Star Ratings 

Issues. 

SUPPLEMENTARY INFORMATION: 


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