Federal Register / Vol. 74, No. 37 / Thursday, February 26, 2009 / Rules and Regulations 8757 

based on the parallel proposal 

published on December 1, 2008 (73 FR 

72756). As stated in the parallel 

proposal, we will not institute a second 

comment period on this action. 

List of Subjects in 40 CFR Part 63 

Environmental protection, Air 

pollution control, Hazardous 

substances, Reporting and 

recordkeeping requirements. 

Dated: February 11, 2009. 

Elizabeth Craig, 

Acting Assistant Administrator, Office of Air 

and Radiation. 

■ Accordingly, the amendments to the 

rule published in the Federal Register 

on December 1, 2008 (73 FR 72727) are 

withdrawn as of February 26, 2009. 

[FR Doc. E9–4144 Filed 2–25–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–R09–RCRA–2008–0726; FRL–8771–8] 

Nevada: Final Authorization of State 

Hazardous Waste Management 

Program Revision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Immediate final rule. 

SUMMARY: The State of Nevada applied 

for final authorization of revisions to its 

hazardous waste management program 

under the Resource Conservation and 

Recovery Act (RCRA), as amended. The 

Environmental Protection Agency (EPA) 

has determined that these changes 

satisfy all of the requirements necessary 

to qualify for final authorization, and is 

authorizing the State’s changes through 

this immediate final rule. EPA is 

publishing this rule to authorize the 

changes without a prior proposal 

because we believe that this action is 

not controversial and do not expect 

comments that oppose it. In the 

Proposed Rules section of this Federal 

Register, EPA is also publishing a 

proposal to authorize these changes to 

Nevada’s hazardous waste management 

program. Unless we receive written 

comments that oppose this 

authorization during the comment 

period, the decision to authorize 

Nevada’s changes to its hazardous waste 

management program will take effect as 

provided below. If we receive 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 for 

purposes of this rulemaking action. EPA 

will respond to public comments in a 

later final rule based on the proposal. 

Nevada’s application for program 

revision is available for public review 

and comment. EPA may not provide 

further opportunity for comment. Any 

parties interested in commenting on this 

action should do so at this time. 

DATES: Final authorization will become 

effective on April 27, 2009 unless EPA 

receives adverse written comment on or 

before March 30, 2009. If EPA receives 

such comment, it will publish a timely 

withdrawal of this immediate final rule 

in the Federal Register and inform the 

public that this authorization will not 

take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R09– 

RCRA–2008–0726 by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: downey.jennifer@epa.gov. 

• Fax: (415) 947–3533 (prior to 

faxing, please notify the EPA contact 

listed below). 

• Mail: Send written comments to 

Jennifer Downey, Region IX (WST–2), 

75 Hawthorne Street, San Francisco, CA 

94105. 

• Hand Delivery: Jennifer Downey, 

Region IX (WST–2), 75 Hawthorne 

Street, San Francisco, CA 94105. Such 

deliveries are only accepted during the 

office’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R09–RCRA–2008– 

0726. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. (For additional information 

about EPA’s public docket, visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm). 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g. , CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy. 

You may view and copy Nevada’s 

application at the following addresses: 

Nevada Department of Conservation and 

Natural Resources, Division of 

Environmental Protection, 901 So. 

Stewart Street, Ste. 4001, Carson City, 

NV 89701, Phone: 775/687–4670, 

Business Hours: 9 a.m. to 5 p.m. 

Monday through Friday. U.S. EPA 

Region IX Library-Information Center, 

75 Hawthorne Street, San Francisco, CA 

94105, Phone: 415/947–4406, Business 

Hours: 9 a.m. to 12 p.m. and 1 p.m. to 

4 p.m. Monday through Thursday. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Downey, Region IX (WST–2), 

75 Hawthorne Street, San Francisco, CA 

94105, Phone: 415/972–3342. E-mail: 

downey.jennifer@epa.gov. 

SUPPLEMENTARY INFORMATION: 

A. Why are Revisions to State Programs 

Necessary? 

States which have received Final 

authorization from EPA under RCRA 

section 3006(b), 42 U.S.C. 6926(b), must 

maintain a hazardous waste program 

that is equivalent to, consistent with, 

and no less stringent than the Federal 

program. As the Federal program 

changes, States must revise their 

programs and ask EPA to authorize the 

revisions. Revisions 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 

8758 Federal Register / Vol. 74, No. 37 / Thursday, February 26, 2009 / Rules and Regulations 

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. 

States can also initiate their own 

changes to their hazardous waste 

program and these changes must then be 

authorized. 

B. What Decisions Have We Made in 

This Rule? 

We conclude that Nevada’s 

application to revise its authorized 

program meets all of the statutory and 

regulatory requirements established by 

RCRA. Therefore, we grant Nevada Final 

authorization to operate its hazardous 

waste program with the changes 

described in this rulemaking. Nevada 

has responsibility for permitting 

Treatment, Storage, and Disposal 

Facilities (TSDFs) within its borders 

(except in Indian Country) and for 

carrying out all authorized 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 HSWA 

regulations take effect as a matter of 

federal law in authorized States before 

those States are authorized for such 

requirements. Thus, EPA will 

implement those requirements and 

prohibitions in Nevada, including 

issuing permits, until the State is 

granted authorization to do so. 

C. What Is the Effect of This 

Authorization Decision? 

A facility in Nevada subject to RCRA 

will now have to comply with the 

authorized State requirements instead of 

the corresponding Federal requirements 

in order to comply with RCRA. 

Additionally, facilities must comply 

with any applicable Federally issued 

requirements, such as, for example, 

HSWA regulations issued by EPA for 

which Nevada has not received 

authorization, and RCRA requirements 

that are not supplanted by authorized 

State-issued requirements. Nevada 

continues to have enforcement 

responsibilities under its State law to 

pursue violations of its hazardous waste 

management program. EPA continues to 

have independent authority under 

RCRA sections 3007, 3008, 3013, and 

7003, which include, among others, the 

authority to: 

• Do inspections, and require 

monitoring, tests, analyses or reports; 

• Enforce RCRA requirements 

(including State-issued statutes and 

regulations that are authorized by EPA, 

and any applicable federally-issued 

statutes and regulations) and suspend or 

revoke permits; and 

• Take enforcement actions regardless 

of whether the State has taken its own 

actions. 

This authorization action does not 

impose additional requirements on the 

regulated community because the 

regulations for which Nevada is being 

authorized are already effective under 

State law, and are not changed by this 

authorization action. 

D. Why Wasn’t There a Proposed Rule 

Before This Rule? 

EPA did not publish a proposal before 

today’s rule because we view this as a 

routine program change and do not 

expect comments that oppose this 

approval. We are providing an 

opportunity for public comment now. 

You may not have another opportunity 

to comment. 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 these 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 then use the 

proposal mentioned in the previous 

paragraph in making any further 

decision on the authorization of the 

State program changes. EPA will also 

address all public comments in a later 

final rule. 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 Nevada Previously Been 

Authorized For? 

Nevada initially received final 

authorization for the base RCRA 

program on August 19, 1985 effective 

October 18, 1985 (50 FR 33359). Nevada 

has since received authorization for all 

revisions to the Federal RCRA program 

through June 1999, except for 40 CFR 

section 260.22 and the final rule 

published on April 12, 1989 (61 FR 

16289) addressing Imports and Exports 

of Hazardous Waste. The following 

Federal Register publication and 

effective dates apply to those revisions: 

April 29, 1992 effective June 29, 1992 

(57 FR 18083), May 27, 1994 effective 

July 26, 1994 (59 FR 27472), April 11, 

1995 effective June 12, 1995 (60 FR 

18358), June 24, 1996 effective August 

23, 1996 (60 FR 32345), January 29, 

1999 effective March 30, 1999 (64 FR 

4596), and June 12, 2002 effective 

August 12, 2002 (67 FR 40229). 

G. What Changes Are We Authorizing 

With This Action? 

On May 27, 2004, August 30, 2004, 

January 25, 2005 and May 15, 2006, 

Nevada submitted final complete 

program revision applications for 

changes and additions to the Federal 

RCRA implementing regulations that 

occurred between July 7, 1999 and July 

1, 2005, seeking authorization of those 

changes, as well as miscellaneous 

changes to its previously authorized 

regulations, in accordance with 40 CFR 

271.21. We now make an immediate 

final decision, subject to receipt of 

written comments that oppose this 

action, that Nevada’s hazardous waste 

management program revision satisfies 

all of the requirements necessary to 

qualify for final authorization. 

Therefore, EPA grants Nevada’s final 

authorization for the following program 

revisions: 

1. Program Revision Changes for Federal 

Rules 

Nevada adopts by reference the 

Federal RCRA regulations in effect as of 

July 1, 2005 at Nevada Administrative 

Code (NAC), section 444.8632 as 

modified by sections 444.86325.1(d) and 

(f), 444.8633 and 444.8634 adopted 

effective May 6, 2006. Nevada adopts 

the Federal requirements under the state 

statutory authorities as found in the 

Nevada Revised Statutes (NRS), sections 

459.485, 490, 500 and 550 effective 

2005. The Federal requirements for 

which the state is being authorized are 

as follows: 

RCRA Cluster X (Federal Rules Published 

From July 7, 1999 to June 30, 2000) 

(Adopted by Nevada as indicated in section 

4 of LCB Petition No. R–2001–02 (filed with 

the Secretary of State on December 6, 2000) 

and as amended by LCB Petition 2001–02 

[LCB R–037–01] (filed with the Secretary of 

State on October 25, 2001)). 

Hazardous Air Pollutant Standards for 

Combustors, Miscellaneous Units, and 

Secondary Lead Smelters; Clarification of 

BIF Requirements; Technical Correction to 

Fast-track Rule (64 FR 52828, 9/30/99 as 

amended 64 FR 63209, 11/19/99) 

(Checklist 182); 

Land Disposal Restrictions Phase IV— 

Technical Corrections (64 FR 56469, 10/20/ 

99) (Checklist 183); 

Federal Register / Vol. 74, No. 37 / Thursday, February 26, 2009 / Rules and Regulations 8759 

Accumulation Time for Waste Water 

Treatment Sludges (65 FR 12378, 3/8/00) 

(Checklist 184); 

Vacatur of Organobromine Production Waste 

Listings (65 FR 14472, 3/17/00) (Checklist 

185); 

Petroleum Refining Process Wastes— 

Clarification (65 FR 36365, 6/8/00) 

(Checklist 187). 

RCRA Cluster XI (Federal Rules Published 

From July 1, 2000 to June 30, 2001) 

(Adopted by Nevada as indicated in section 

4 of LCB Petition No. R–2001–02 [LCB R– 

037–01] (filed with the Secretary of State on 

October 25, 2001)). 

Hazardous Air Pollutant Standards; 

Technical corrections (65 FR 42292, 7/10/ 

00 amended 66 FR 24270, 5/14/01 and 66 

FR 35087, 7/3/01) (Checklist 188); 

Chlorinated Aliphatics Listing and LDRs for 

Newly Identified Wastes (65 FR 67068, 11/ 

8/00) (Checklist 189); 

Land Disposal Restrictions Phase IV— 

Deferral for PCBs in Soil (65 FR 81373, 12/ 

26/00) (Checklist 190); 

Mixed Waste Rule 66 FR 27218, 5/16/01) 

(Checklist 191); 

Mixture and Derived-From Rules Revisions 

(66 FR 27266, 5/16/01) (Checklist 192A); 

Land Disposal Restrictions Correction (66 FR 

27266, 5/16/01) (Checklist 192B); 

Change of Official EPA Mailing Address (66 

FR 34374, 6/28/01) (Checklist 193). 

RCRA Cluster XII (Federal Rules Published 

From July 1, 2001 to June 30, 2002) 

(Adopted by Nevada as indicated in section 

4 of LCB Petition No. 2002–11 [LCB R104– 

02] (filed with the Secretary of State on 

October 18, 2002)). 

Mixture and Derived-From Rules Revision II 

(66 FR 50332, 10/3/01 amended 66 FR 

60153, 12/3/01) (Checklist 194); 

Inorganic Chemical Manufacturing Wastes 

Identification and Listing (66 FR 58258, 

11/20/01 amended 67 FR 17119, 4/9/02) 

(Checklist 195); 

CAMU Amendments (67 FR 2962, 1/22/02) 

(Checklist 196); 

Interim Standards for Hazardous Air 

Pollutants for Hazardous Waste 

Combustors (67 FR 6792, 2/13/02) 

(Checklist 197); 

Hazardous Air Pollutant Standards for 

Hazardous Waste Combustors (67 FR 6968, 

2/14/02) (Checklist 198); 

Vacatur of Mineral Processing Spent 

Materials Being Reclaimed as Solid Wastes 

and TCLP Use With MGP Waste (67 FR 

11251, 3/13/02) (Checklist 199). 

RCRA Cluster XIII (Federal Rules Published 

From July 1, 2002 to June 30, 2003) 

(Adopted by Nevada as indicated in section 

4 of LCB File No. R–126–03 [SEC 2003–06] 

(filed with the Secretary of State on April 13, 

2004) and as amended by LCB File No. R– 

208–03 [SEC 2003–08] (filed with the 

Secretary of State on April 16, 2004)). 

Zinc Fertilizers Made From Recycled 

Hazardous Secondary Material (67 FR 

48393, 7/24/02) (Checklist 200); 

Treatment Variance for Radioactively 

Contaminated Batteries (67 FR 62618, 10/ 

7/02) (Checklist 201); 

Hazardous Air Pollutant Standards for 

Combustors—Corrections 2 (67 FR 77687, 

12/19/02) (Checklist 202). 

RCRA Clusters XIV and XV (Federal Rules 

Published From July 1, 2003 to June 30, 

2005) 

(Adopted by Nevada as indicated in LCB File 

Number R175–05, effective May 4, 2006). 

Recycled Used Oil Management Standards; 

Clarification (68 FR 44659, 7/30/03) 

(Checklist 203); 

National Environmental Performance Track 

Program (69 FR 21737, 4/22/04, as 

amended 69 FR 62217, 10/25/04) 

(Checklist 204); 

NESHAP: Surface Coating of Automobiles 

and Light-Duty Trucks; Final Rule (69 FR 

22601, 4/26/04) (Checklist 205); 

Nonwastewaters from Dyes and Pigments (70 

FR 9138, 2/24/05) (Checklist 206); 

Uniform Hazardous Waste Manifest Rule (70 

FR 10776, 3/4/05, as amended 70 FR 

35034, 06/16/05) (Checklist 207); 

SW–846 Methods Innovation Rule (70 FR 

34538, 06/14/05) (Checklist 208). 

2. Miscellaneous Changes 

During a review of Nevada’s 

regulations in 2002, EPA identified a 

variety of changes that Nevada had 

made to provisions EPA had previously 

authorized, as well as a number of State 

provisions that have never been 

authorized. In its program revision 

applications described in Section G, 

Nevada also addressed additional Stateinitiated changes. These miscellaneous 

changes, which are listed following this 

paragraph, generally (1) update the CFR 

reference dates to conform with the 

State’s adoption of the Federal 

regulations, (2) clarify and make the 

State’s regulations more internally 

consistent, or (3) bring the State 

regulations closer to the Federal 

language. EPA has evaluated the 

changes addressed in this section and 

has determined that the State’s 

authorized hazardous waste program, as 

amended by these provisions, remains 

equivalent to, consistent with, and no 

less stringent than the Federal RCRA 

program for which the State is 

authorized. 

Nevada Administrative Code (NAC), as 

amended effective May 4, 2006, sections 

444.84225 ‘‘Class 3 modification’’; 444.84235 

‘‘Delisted waste’’; 444.8427 ‘‘facility for 

community recycling’’; 444.84275 ‘‘facility 

for community storage’’; 444.8428 ‘‘facility 

for the management of hazardous waste’’; 

444.843 ‘‘hazardous waste’’ except (b) and 

(c); 444.8432 ‘‘management of hazardous 

waste’’; 444.84335 ‘‘new or expanding 

facility for the management of hazardous 

waste’’; 444.84375; 444.850(2); 444.8546 

‘‘facility for the management of hazardous 

waste’’; 444.8565 ‘‘hazardous waste’’ except 

444.8565(b); 444.861 ‘‘used oil’’; 444.8618; 

444.86325(1)(a); 444.86325(1)(b); 444.8671; 

444.8675(1)–(4); and 444.8688. 

H. Where Are the Revised State Rules 

Different From the Federal Rules? 

At NAC section 86325.1(f), Nevada 

has not adopted the Federal exemption 

at 40 CFR 264.1050(h) and 265.1050(g), 

as addressed in the final rule for Surface 

Coating of Automobiles and Light-Duty 

Trucks (69 FR 22602, April 26, 2004; 

Checklist 205), thus the State’s 

regulation is more stringent than the 

Federal requirement. In addition, 

Nevada is more stringent with respect to 

the July 30, 2003 final rule for the 

Recycled Used Oil Management 

Standards (68 FR 44659; Checklist 203) 

because at NAC 86325.1(d), the State 

excludes 40 CFR 261.5(j) from its 

incorporation by reference. In contrast 

to the Federal code which directs 

conditionally-exempt small quantity 

generator hazardous waste mixed with 

used oil to be handled according to the 

Part 279 standards (used oil), Nevada 

subjects such mixed wastes to its 

hazardous wastes regulations. Other 

than the April 26, 2004 and July 30, 

2003 final rules, Nevada incorporates by 

reference the remaining Federal rules 

listed in Section G; therefore, there are 

no significant differences between the 

remaining Federal rules and the revised 

State rules being authorized today. 

There is an outstanding issue in the 

revised Nevada program that will not be 

authorized at this time. The issue is 

discussed in detail here in order to alert 

the regulated community to the 

potential conflict between the Federal 

and State programs as they currently 

exist. The issue concerns Nevada’s 

adoption of a program that regulates 

antifreeze that is recycled and that 

either exhibits the toxicity characteristic 

of hazardous waste, or is a listed 

hazardous waste in the state of origin. 

Nevada’s program requirements may be 

less stringent than the federal program, 

and therefore EPA is not authorizing 

Nevada’s spent antifreeze recycling 

program at this time. Generators and 

recyclers of used antifreeze determined 

to be hazardous waste must continue to 

comply with the requirements of 40 CFR 

261.6(b)–(d) ‘‘Requirements for 

Recyclable Materials’’ as adopted by 

reference by Nevada. 

I. Who Handles Permits After The 

Authorization Takes Effect? 

NDEP will issue permits for all the 

provisions for which it is authorized 

and will administer the permits it 

issues. Section 3006(g)(1) of RCRA gives 

EPA the authority to issue or deny 

permits or parts of permits for 

requirements for which the state is not 

authorized. Therefore, whenever EPA 

adopts standards under HSWA for 

8760 Federal Register / Vol. 74, No. 37 / Thursday, February 26, 2009 / Rules and Regulations 

activities or wastes not currently 

covered by the authorized program, EPA 

may process RCRA permits in Nevada 

for the new or revised HSWA standards 

until NDEP has received final 

authorization for such new or revised 

HSWA standards. EPA and NDEP have 

agreed to a joint permitting process for 

facilities covered by both the authorized 

program and standards under HSWA for 

which the State is not yet authorized, 

and for handling existing EPA permits 

after the State receives authorization. 

J. How Does Today’s Action Affect 

Indian Country (18 U.S.C. 1151) in 

Nevada? 

Nevada is not being authorized to 

operate any portion of the hazardous 

waste management program in Indian 

country. Nevada is not authorized to 

carry out its hazardous waste program 

in Indian country within the State, 

which includes the following: The 

Confederated Tribes of the Goshute 

Reservation; Duckwater Shoshone Tribe; 

Ely Shoshone Tribe; Fort McDermitt 

Paiute and Shoshone Tribes; Fort 

Mohave Indian Tribe; Las Vegas Tribe of 

Paiute Indians; Lovelock Paiute Tribe; 

Moapa Band of Paiute Indians; PaiuteShoshone Tribe of the Fallon 

Reservation and Colony; Pyramid Lake 

Paiute Tribe; Reno-Sparks Indian 

Colony; Shoshone-Paiute Tribes of Duck 

Valley Reservation; Summit Lake Paiute 

Tribe; Te-Moak Tribes of Western 

Shoshone Indians; Walker River Paiute 

Tribe; Washoe Tribe; Winnemucca 

Indian Colony; Yerington Paiute Tribe; 

and the Yomba Shoshone Tribe. This 

authorization action has no effect in 

Indian country. EPA will continue to 

implement and administer the RCRA 

program in Indian country within the 

State. 

K. What Is Codification and Is EPA 

Codifying Nevada’s Hazardous Waste 

Management 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 management program 

into the Code of Federal Regulations. 

We do this by referencing the 

authorized State rules in 40 CFR part 

272. We reserve the amendment of 40 

CFR part 272, subpart DD for this 

authorization of Nevada’s program 

changes. 

L. Statutory and Executive Order 

Reviews 

This rule only authorizes hazardous 

waste requirements pursuant to RCRA 

3006 and imposes no requirements 

other than those imposed by State law. 

Therefore, this rule complies with 

applicable executive orders and 

statutory provisions as follows: 

1. Executive Order 12866: Regulatory 

Planning Review 

The Office of Management and Budget 

has exempted this rule from its review 

under Executive Order (EO) 12866. 

2. Paperwork Reduction Act 

This rule does not impose an 

information collection burden under the 

Paperwork Reduction Act. 

3. Regulatory Flexibility Act 

After considering the economic 

impacts of today’s rule on small entities 

under the Regulatory Flexibility Act, I 

certify that this rule will not have a 

significant economic impact on a 

substantial number of small entities. 

4. Unfunded Mandates Reform Act 

Because this rule approves preexisting 

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. 

5. Executive Order 13132: Federalism 

EO 13132 does not apply to this rule 

because it will not have federalism 

implications (i.e., substantial direct 

effects on the State, 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 

described in EO 13132. 

6. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

EO 13175 does not apply to this rule 

because it will not have tribal 

implication (i.e., substantial direct 

effects on one or more Indian tribes, on 

the relationship between the Federal 

Government and Indian tribes, or on the 

distribution of power and 

responsibilities between the Federal 

Government and Indian tribes). 

7. Executive Order 13045: Protection of 

Children From Environmental Health & 

Safety Risks 

This rule is not subject to EO 13045 

because it is not economically 

significant and it is not based on health 

or safety risks. 

8. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This rule is not subject to EO 13211 

because it is not a significant regulatory 

action as defined in EO 12866. 

9. National Technology Transfer 

Advancement Act 

EPA approves State programs as long 

as they meet criteria required by RCRA, 

so it would be inconsistent with 

applicable law for EPA, in its review of 

a State program, to require the use of 

any particular voluntary consensus 

standard in place of another standard 

that meets the requirements of RCRA. 

Thus, section 12(d) of the National 

Technology Transfer and Advance Act 

does not apply to this rule. 

10. Congressional Review Act 

EPA will submit a report containing 

this rule and other information required 

by the Congressional Review Act (5 

U.S.C. 801 et seq.) 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 on April 27, 2009. 

List of Subjects in 40 CFR Part 271 

Environmental protection, 

Administrative practice and procedure, 

Confidential business information, 

Hazardous materials transportation, 

Hazardous waste, Indians—lands, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements. 

Authority: This notice 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: January 29, 2009. 

Laura Yoshii, 

Acting Regional Administrator, Region 9. 

[FR Doc. E9–4121 Filed 2–25–09; 8:45 am] 

BILLING CODE 6560–50–P