[Federal Register Volume 89, Number 189 (Monday, September 30, 2024)]
[Rules and Regulations]
[Pages 79446-79450]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21665]


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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.

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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-epa-dockets.
    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: <a href="/cdn-cgi/l/email-protection#f49b86809d8e9795868691869bda84869d87979d989895b4918495da939b82"><span class="__cf_email__" data-cfemail="650a17110c1f0604171700170a4b15170c16060c090904250015044b020a13">[email protected]</span></a>.

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

[[Page 79447]]

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:
    <bullet> Perform inspections, and require monitoring, tests, 
analyses or reports;
    <bullet> Enforce RCRA requirements and suspend or revoke permits; 
and
    <bullet> 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   Federal Register     Analogous West
              \1\)                   page and date    Virginia authority
------------------------------------------------------------------------
                            RCRA Cluster XVI
------------------------------------------------------------------------
Standardized Permit for RCRA      70 FR 53420-53478,  33CSR20 secs,
 Hazardous Waste Management        09/08/2005.         1.5.a, 2.1,
 Facilities, Revision Checklist                        2.1.a, 3.1, 11.1,
 210.                                                  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      75 FR 78918-78926,  33CSR20 sec. 3.1.
 Salts from the Lists of           12/17/2010.
 Hazardous Constituents,
 Checklist 225.
Academic Laboratories Generator   75 FR 79304-79308,  33CSR20 sec. 5.1.
 Standards Technical               12/20/2010.
 Corrections, Revision Checklist
 226.
Revision of the Land Disposal     76 FR 34147-34157,  33CSR20 sec. 10.1.
 Treatment Standards for           06/13/2011.
 Carbamate Wastes, Revision
 Checklist 227.
------------------------------------------------------------------------

[[Page 79448]]

 
                            RCRA Cluster XXII
------------------------------------------------------------------------
Hazardous Waste Technical         77 FR 22229-22232,  33CSR20, secs. 3.1
 Corrections and Clarifications    04/13/2012.         and 9.1; 45CSR25,
 Rule, Revision Checklist 228.                         secs. 1.6.a and
                                                       1.6.b.
------------------------------------------------------------------------
                           RCRA Cluster XXIII
------------------------------------------------------------------------
Conditional Exclusions for        78 FR 46448-46485,  33CSR20, secs.
 Solvent Contaminated Wipes,       07/31/2013.         2.1.a, 3.1, and
 Revision Checklist 229.                               5.3; 45CSR25,
                                                       secs. 1.6.a and
                                                       1.6.b.
Conditional Exclusion for Carbon  79 FR 350-364, 01/  33CSR20, secs.
 Dioxide (CO2) Streams in          03/2014.            2.1.a and 3.1.
 Geologic Sequestration
 Activities, Revision Checklist
 230.
------------------------------------------------------------------------
                            RCRA Cluster XXIV
------------------------------------------------------------------------
Revisions to the Definition of    80 FR 1694-1814     33CSR20, sec. 2.1.
 Solid Waste Non-waste             (January 13,
 determinations and variances,     2015); 83 FR
 Revision Checklist 233A.          24664-24671 (May
                                   30, 2018).
Revisions to the Definition of    80 FR 1694-1814     33CSR20, secs.
 Solid Waste Legitimacy related    (January 13,        2.1, 2.1.a, and
 provisions, Revision Checklist    2015); 83 FR        3.1.
 233B.                             24664-24671 (May
                                   30, 2018).
Revisions to the Definition of    80 FR 1694-1814     33CSR20, sec. 3.1.
 Solid Waste Speculative           (January 13,
 Accumulation, Revision            2015).
 Checklist 233C.
Revisions to the Definition of    80 FR 1694-1814     33CSR20 secs. 2.1,
 Solid Waste: 2008 DSW             (January 13,        2.1.a, 3.1, and
 exclusions and non-waste          2015); 83 FR        11.1.
 determinations, including         24664-24671 (May
 revisions from 2015 DSW final     30, 2018).
 rule and 2018 DSW final rule,
 Revision Checklist 233D2.
Revisions to the Definition of    80 FR 1694-1814     33CSR20 secs.
 Solid Waste: Remanufacturing      (January 13,        2.1.a. and 3.1.
 exclusion, Revision Checklist     2015).
 233E.
Response to Vacaturs of the       80 FR 18777-18780,  33CSR20 secs.
 Comparable Fuels Rule and the     04/08/2015.         2.1.a and 3.1.
 Gasification Rule, Revision
 Checklist 234.
Disposal of Coal Combustion       80 FR 21302-21501,  33CSR20 sec. 3.1.
 Residuals from Electric           04/17/2015.
 Utilities, Revision Checklist
 235.
------------------------------------------------------------------------
                            RCRA Cluster XXV
------------------------------------------------------------------------
Hazardous Waste Generator Rule    81 FR 85730-85829,  33CSR20 secs. 2.1,
 Improvements, Revision            11/28/2016.         2.1.a, 2.5.d,
 Checklist 237.                                        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       83 FR 61552-61563,  33CSR20 secs.
 Airbags, Revision Checklist 240.  11/30/2018.         2.1.a, 3.1, and
                                                       5.1.
Management Standards for          84 FR 5816-5950,    33CSR20 secs, 3.1,
 Hazardous Waste Pharmaceuticals   02/22/2019.         5.1, 7.2, 8.1,
 and Amendment to the P075                             9.1, 10.1, 11.1,
 Listing for Nicotine, Revision                        and 13.1.
 Checklist 241.
------------------------------------------------------------------------
\1\ A 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,       State citation as found in
         effective June 1, 2012          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.

[[Page 79449]]

 
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,       State citation as found in
         effective June 1, 2015          33CSR20, effective July 1, 2020
------------------------------------------------------------------------
33CSR20 sec. 1.6 through 33CSR20 sec.    Removed.
 1.8.
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.  Removed.
 4.1.b.
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

[[Page 79450]]

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]
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