44168 Federal Register / Vol. 73, No. 147 / Wednesday, July 30, 2008 / Rules and Regulations 

1The commenter incorrectly stated that the entire 

RCRA Burden Reduction Initiative was 

promulgated pursuant to non-HSWA authority. In 

fact, the RCRA Burden Reduction Initiative was 

promulgated pursuant to both HSWA and nonHSWA statutory authority. 

* * * * * 

[FR Doc. E8–17480 Filed 7–29–08; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–RO3–RCRA–2008–0256: FRl–8698–9] 

Virginia: Final Authorization of State 

Hazardous Waste Management 

Program Revision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: Virginia applied to EPA for 

final authorization of revisions to its 

hazardous waste program under 

Resource Conservation and Recovery 

Act (RCRA). EPA has reached a final 

determination that these changes to the 

Virginia hazardous waste program 

satisfy all requirements necessary for 

final authorization. Thus, with respect 

to these revisions, EPA is granting final 

authorization to the Commonwealth to 

operate its program subject to the 

limitations on its authority retained by 

EPA in accordance with RCRA. 

DATES: Final authorization for the 

revisions to Virginia’s hazardous waste 

management program shall be effective 

on July 30, 2008. 

FOR FURTHER INFORMATION CONTACT: 

E-mail: Thomas UyBarreta, 

uybarreta.thomas@epa.gov; Mail: 

Thomas UyBarreta, Mailcode 3WC21, 

RCRA State Programs Branch, U.S. EPA 

Region III, 1650 Arch Street, 

Philadelphia, PA 19103–2029; Phone: 

215–814–2953. 

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, 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 

revise their programs because of 

revisions to EPA’s regulations in 40 

Code of Federal Regulations (CFR) parts 

124, 260 through 266, 268, 270, 273 and 

279. 

On October 10, 2007, Virginia 

submitted to EPA a complete program 

revision application, in accordance with 

40 CFR 271.21, seeking authorization of 

additional changes to its program. On 

April 3, 2008, EPA published both an 

immediate final rule (73 FR 18172–

18176) granting Virginia final 

authorization for these revisions to its 

federally-authorized hazardous waste 

program, along with a companion 

proposed rule announcing EPA’s 

proposal to grant such final 

authorization (73 FR 18229–18230). 

EPA announced in both notices that the 

immediate final rule and the proposed 

rule were subject to a thirty-day public 

comment period. The public comment 

period ended on May 5, 2008. Further, 

EPA stated in both notices that if it 

received adverse comments on its intent 

to authorize Virginia’s program 

revisions that it would (1) withdraw the 

immediate final rule; (2) proceed with 

the proposed rule as the basis for the 

receipt and evaluation of such 

comments, and (3) subsequently publish 

a final determination responding to 

such comments and announce its final 

decision whether or not to authorize 

Virginia’s program revisions. EPA did 

receive a written comment during the 

public comment period and on June 3, 

2008, published a notice withdrawing 

the immediate final rule (73 FR 31634). 

Today’s action responds to the 

comments EPA received and publishes 

EPA’s final determination granting 

Virginia final authorization of its 

program revisions. Further background 

on EPA’s immediate final rule and its 

tentative determination to grant 

authorization to Virginia for its program 

revisions appears in the aforementioned 

Federal Register notices. The issues 

raised by the commenter are 

summarized and responded to as 

follows. 

B. What Were the Comments and 

Responses to EPA’s Proposal? 

EPA received two comments from an 

individual opposing EPA’s proposal to 

authorize revisions to Virginia’s 

hazardous waste regulations. The 

commenter opposed authorization of the 

regulations that adopted the rules that 

were promulgated under non-HSWA 

authority, including the RCRA Burden 

Reduction Initiative (Revision Checklist 

213).1 The commenter argued that, 

through RCRA, Congress has barred EPA 

and authorized states from promulgating 

regulations that are less stringent than 

the regulations that were first 

promulgated under the authority of 

RCRA. Specifically, the commenter 

stated that 42 U.S.C. 6929 would 

prevent EPA from amending 40 CFR 

268.7(b)(6) to eliminate the requirement 

to submit notifications and certifications 

to EPA; this amendment, argued the 

commenter, prohibits states from 

requiring that the State be provided 

with copies of hazardous waste 

manifests, and such prohibition is not 

allowed by 42 U.S.C. 6929. For the 

reasons set forth below, we do not agree 

with the commenter. 

EPA promulgated all of the rules 

included in Virginia’s revision pursuant 

to the authority granted to EPA by 

Congress under RCRA. Those rules, 

including the RCRA Burden Reduction 

Initiative Rule, were finalized after full 

consideration of any and all comments 

submitted in a timely manner. By 

adopting the rules promulgated by EPA, 

Virginia revised its hazardous waste 

program to be equivalent to and 

consistent with the federal program. 

Pursuant to 42 U.S.C. 6926(b), EPA has 

the authority to authorize state programs 

that are equivalent to and consistent 

with the federal program. Additionally, 

as is explained in more detail in the 

RCRA Burden Reduction Initiative Final 

Rule (71 FR 16862), EPA’s amendment 

of 40 CFR 268.7(b)(6) does not prohibit 

any state from requiring that the state be 

provided with copies of hazardous 

waste manifests. States are not required 

to adopt and seek authorization for 

federal requirements that are equivalent 

to, or less stringent than, the state’s 

currently authorized regulations (see 71 

FR at 16899). Specifically, although 

several states had commented positively 

regarding the amendment to 40 CFR 

268.7(b)(6), EPA explained that any 

state ‘‘may choose to be more stringent 

than the federal program, and choose to 

retain these notifications.’’ (71 FR at 

16889) 

The commenter also stated that some 

of the Revision Checklists for the nine 

RCRA clusters for which Virginia is 

seeking authorization ‘‘erroneously 

suggest that the Attorney General may 

not need to conduct a detailed review of 

the proposed rules against state statute 

for authority prior to final 

authorization.’’ As a result, the 

commenter expressed concern ‘‘that 

there may not have been an in-depth 

Attorney General review as required’’ by 

40 CFR 271.7. EPA responds to this 

comment as follows. 

Pursuant to 40 CFR 271.21(b)(1), in 

order to revise its program, a state must 

submit ‘‘such * * * documents as EPA 

determines to be necessary under the 

circumstances.’’ These documents may 

include a modified Attorney General’s 


rwilkins on PROD1PC63 with RULES
Federal Register / Vol. 73, No. 147 / Wednesday, July 30, 2008 / Rules and Regulations 44169 

Statement. The purpose of the Attorney 

General’s Statement, as described in 40 

CFR 271.7, is to demonstrate to EPA that 

the state has the legal authority to carry 

out the program. In each of the revision 

checklist summaries for the revisions at 

issue in this authorization, EPA states 

that ‘‘specific [Attorney General] 

certification of statutory authority may 

not be required for this checklist as long 

as the [Attorney General] has previously 

demonstrated authority for * * *’’ the 

area that is being regulated in the rule 

at issue, such as generators, 

identification and listing of hazardous 

waste, or the hazardous waste manifest. 

This statement, as included in the 

checklist summaries, is appropriate 

because a state that has already certified 

that it has the authority to regulate a 

certain area may not need to make that 

certification once again if the authority 

has not changed. Nevertheless, in this 

case, Virginia did submit to EPA an 

Attorney General’s Statement of 

Adequate Authority, in accordance with 

40 CFR 271.7, as part of its application 

for revision of its hazardous waste 

regulations. 

C. What Decisions Have We Made in 

This Rule? 

Based on EPA’s response to public 

comment, the Agency has determined 

that approval of Virginia’s RCRA 

program revisions should proceed. EPA 

has made a final determination that 

Virginia’s application to revise its 

authorized program meets all of the 

statutory and regulatory requirements 

established by RCRA. Therefore, we 

grant Virginia final authorization to 

operate its hazardous waste program 

with the changes described in its 

application for program revisions. 

The effect of this decision is that a 

facility in Virginia subject to RCRA will 

have to comply with the authorized 

revised State requirements instead of 

the equivalent Federal requirements in 

order to comply with RCRA. While 

Virginia has enforcement 

responsibilities under its State 

hazardous waste program for violations 

of such program, EPA nevertheless 

retains its authority under RCRA 

sections 3007, 3008, 3013, and 7003, 

which include, among others, authority 

to: 

• Take enforcement actions regardless 

of whether the State has taken its own 

actions; 

• Enforce RCRA requirements and 

suspend or revoke permits; and 

• Perform inspections, and require 

monitoring, tests, analyses or reports. 

This action does not impose 

additional requirements on the 

regulated community because the 

regulations for which Virginia is being 

authorized by today’s action are already 

effective, and are not changed by today’s 

action. 

D. 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 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 (Pub. L. 104–4). For 

the same reason, this action would 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 the 

Commonwealth of 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 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. As required by 

section 3 of Executive Order 12988 (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); as 

a result, this action will be effective July 

30, 2008. 

List of Subjects in 40 CFR Part 271 

Environmental protection, 

Administrative practice and procedure, 

Confidential business information, 

Hazardous waste, Hazardous waste 

transportation, Indians—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). 


rwilkins on PROD1PC63 with RULES
44170 Federal Register / Vol. 73, No. 147 / Wednesday, July 30, 2008 / Rules and Regulations 

Dated: July 21, 2008. 

Donald S. Welsh, 

Regional Administrator, Region III. 

[FR Doc. E8–17456 Filed 7–29–08; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 64 

[CC Docket No. 94–129; FCC 07–223] 

Subscriber Carrier Selection Changes 

Provisions of the Telecommunications 

Act of 1996, Policies and Rules 

Concerning Unauthorized Changes of 

Consumers’ Long Distance Carriers 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; announcement of 

effective date. 

SUMMARY: In this document, the 

Commission announces that the Office 

of Management and Budget (OMB) has 

approved, for a period of three years, the 

information collection associated with 

the Commission’s Subscriber Carrier 

Selection Changes Provisions of the 

Telecommunications Act of 1996, 

Policies and Rules Concerning 

Unauthorized Changes of Consumers’ 

Long Distance Carriers, Fourth Report 

and Order (2007 Fourth Report and 

Order). This notice is consistent with 

the 2007 Fourth Report and Order, 

which stated that the Commission 

would publish a document in the 

Federal Register announcing the 

effective date of the rule. 

DATES: Section 64.1120(c)(3)(iii), 

published at 73 FR 13144, March 12, 

2008 is effective July 30, 2008. 

FOR FURTHER INFORMATION CONTACT: 

David Marks, Consumer Policy Division, 

Consumer & Governmental Affairs 

Bureau, at (202) 418–0347. 

SUPPLEMENTARY INFORMATION: This 

document announces that, on July 14, 

2008, OMB approved, for a period of 

three years, the information collection 

requirements contained in the 

Commission’s 2007 Fourth Report and 

Order, FCC 07–223, published at 73 FR 

13144, March 12, 2008. The OMB 

Control Number is 3060–0787. The 

Commission publishes this notice as an 

announcement of the effective date of 

the rule. If you have any comments on 

the burden estimates listed below, or 

how the Commission can improve the 

collections and reduce any burdens 

caused thereby, please contact Cathy 

Williams, Federal Communications 

Commission, Room 1–C823, 445 12th 

Street, SW., Washington, DC 20554. 

Please include the OMB Control 

Number, 3060–0787, in your 

correspondence. The Commission will 

also accept your comments via the 

Internet if you send them to 

PRA@fcc.gov. 

To request materials in accessible 

formats for people with disabilities 

(Braille, large print, electronic files, 

audio format), send an e-mail to 

fcc504@fcc.gov or call the Consumer & 

Governmental Affairs Bureau at (202) 

418–0530 (voice), (202) 418–0432 

(TTY). 

Synopsis 

As required by the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3507), 

the FCC is notifying the public that it 

received OMB approval on July 14, 

2008, for the information collection 

requirements contained in the 

Commission’s rules at 47 CFR 

64.1120(c)(3)(iii). The OMB Control 

Number is 3060–0787. The total annual 

reporting burden for respondents for 

these collections of information, 

including the time for gathering and 

maintaining the collection of 

information, is estimated to be: 6,454 

respondents, a total annual hourly 

burden of 105,901 hours, and 

$51,285,000 in total annual costs. 

Under 5 CFR 1320, an agency may not 

conduct or sponsor a collection of 

information unless it displays a current, 

valid OMB Control Number. 

No person shall be subject to any 

penalty for failing to comply with a 

collection of information subject to the 

Paperwork Reduction Act, which does 

not display a current, valid OMB 

Control Number. The foregoing notice is 

required by the Paperwork Reduction 

Act of 1995, Public Law 104–13, 

October 1, 1995, and 44 U.S.C. 3507. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. E8–17459 Filed 7–29–08; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 64 

[CG Docket No. 03–123; FCC 07–186] 

Telecommunications Relay Services 

and Speech-to-Speech Services for 

Individuals With Hearing and Speech 

Disabilities 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; announcement of 

effective date. 

SUMMARY: In this document, the 

Commission announces that the Office 

of Management and Budget (OMB) has 

approved, for a period of three years, the 

information collection associated with 

the Commission’s Telecommunications 

Relay Services and Speech-to-Speech 

Services for Individuals with Hearing 

and Speech Disabilities, Report and 

Order and Declaratory Ruling (2007 TRS 

Cost Recovery Order). This notice is 

consistent with the 2007 TRS Cost 

Recovery Order, which stated that the 

Commission would publish a document 

in the Federal Register announcing the 

effective date of the rule. 

DATES: Section 64.604(c)(5)(iii)(C), 

published at 73 FR 3197, January 17, 

2008, is effective July 30, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Thomas Chandler, Disabilities Rights 

Office, Consumer and Governmental 

Affairs Bureau, at (202) 418–1475. 

SUPPLEMENTARY INFORMATION: This 

document announces that, on July 20, 

2008, OMB approved, for a period of 

three years, the information collection 

requirements contained in the 

Commission’s 2007 TRS Cost Recovery 

Order, FCC 07–186, published at 73 FR 

3197, January 17, 2008. The OMB 

Control Number is 3060–0463. The 

Commission publishes this notice as an 

announcement of the effective date of 

the rule. If you have any comments on 

the burden estimates listed below, or 

how the Commission can improve the 

collections and reduce any burdens 

caused thereby, please contact Cathy 

Williams, Federal Communications 

Commission, Room 1–C823, 445 12th 

Street, SW., Washington, DC 20554. 

Please include the OMB Control 

Number, 3060–0463, in your 

correspondence. The Commission will 

also accept your comments via the 

Internet if you send them to 

PRA@fcc.gov. 

To request materials in accessible 

formats for people with disabilities 

(Braille, large print, electronic files, 

audio format), send an e-mail to 

fcc504@fcc.gov or call the Consumer 

and Governmental Affairs Bureau at 

(202) 418–0530 (voice), (202) 418–0432 

(TTY). 

Synopsis 

As required by the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3507), 

the FCC is notifying the public that it 

received OMB approval on July 20, 

2008, for the information collection 

requirements contained in the 

Commission’s rules at 47 CFR 

64.604(c)(5)(iii)(C). The OMB Control 

Number is 3060–0463. The total annual 

reporting burden for respondents for 


rwilkins on PROD1PC63 with RULES