Rule2022-22578
Virginia: Final Authorization of State Hazardous Waste Management Program Revisions
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 18, 2022
Effective
December 19, 2022
Issuing agencies
Environmental Protection Agency
Abstract
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 Virginia's revisions through this direct final rule. In the "Proposed Rules" section of this issue of the Federal Register, EPA is also publishing a separate document that serves as the proposal to authorize these revisions. EPA believes this action is not controversial and does not expect comments that oppose it. Authorization of Virginia's revisions to its hazardous waste program will take effect 30 days after the conclusion of the public comment period unless EPA receives written comments that oppose this authorization. If EPA receives adverse comments pertaining to this State revision, then EPA will publish in the Federal Register a timely withdrawal of this direct final rule before it takes effect, and the separate document in the "Proposed Rules" section of the Federal Register will serve as the proposal to authorize any revisions made based on comments received.
Full Text
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<title>Federal Register, Volume 87 Issue 200 (Tuesday, October 18, 2022)</title>
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[Federal Register Volume 87, Number 200 (Tuesday, October 18, 2022)]
[Rules and Regulations]
[Pages 62995-62999]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-22578]
[[Page 62995]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[EPA-R03-RCRA-2022-0351; FRL-9947-02-R3]
Virginia: Final Authorization of State Hazardous Waste Management
Program Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: 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 Virginia's revisions through this direct final rule. In the
``Proposed Rules'' section of this issue of the Federal Register, EPA
is also publishing a separate document that serves as the proposal to
authorize these revisions. EPA believes this action is not
controversial and does not expect comments that oppose it.
Authorization of Virginia's revisions to its hazardous waste program
will take effect 30 days after the conclusion of the public comment
period unless EPA receives written comments that oppose this
authorization. If EPA receives adverse comments pertaining to this
State revision, then EPA will publish in the Federal Register a timely
withdrawal of this direct final rule before it takes effect, and the
separate document in the ``Proposed Rules'' section of the Federal
Register will serve as the proposal to authorize any revisions made
based on comments received.
DATES: This final authorization will become effective on December 19,
2022, unless EPA receives adverse written comments by November 17,
2022. If EPA receives any such comments, then 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-2022-0351 at <a href="http://www.regulations.gov">www.regulations.gov</a>. Follow the online instructions
for submitting comments. Once submitted, comments cannot be edited or
removed from <a href="http://www.regulations.gov">www.regulations.gov</a>. 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
<a href="http://www.epa.gov/dockets/commenting-epa-dockets">www.epa.gov/dockets/commenting-epa-dockets</a>. The EPA encourages
electronic submittals, but if you are unable to submit electronically
or need other assistance, please contact Jacqueline Morrison, the
contact listed in the FOR FURTHER INFORMATION CONTACT provision below.
Please also contact Jacqueline Morrison 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: Jacqueline Morrison, RCRA Programs
Branch, Land, Chemicals and Redevelopment Division, U.S. Environmental
Protection Agency Region III, Four Penn Center, 1600 John F. Kennedy
Blvd. (Mail code 3LD30), Philadelphia, PA 19103-2852, Phone number:
(215) 814-5664; email: <a href="/cdn-cgi/l/email-protection#c984a6bbbba0baa6a7e783a8aab8bcaca5a0a7ac89acb9a8e7aea6bf"><span class="__cf_email__" data-cfemail="8ec3e1fcfce7fde1e0a0c4efedfffbebe2e7e0ebceebfeefa0e9e1f8">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
A. Why are revisions to the 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 the 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 January 10, 2022, Virginia submitted a final program revision
application (with subsequent corrections) seeking authorization of
revisions to its hazardous waste program that correspond to certain
Federal rules promulgated through February 22, 2019.
EPA concludes that 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 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 document. Virginia has responsibility for permitting
treatment, storage, and disposal facilities (TSDFs) within its borders
and for carrying out the aspects of the RCRA program described in its
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 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 Virginia's authorized
hazardous waste program. This action does not impose additional
requirements on the regulated community because the regulations for
which Virginia is being authorized by this action are already effective
and are not changed by this action. 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
[[Page 62996]]
<bullet> Take enforcement actions regardless of whether 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 proposed rule to authorize these State
program revisions. EPA did not publish a proposed rule 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 document.
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 Virginia's program
revisions on the proposed rule 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 Virginia previously been authorized for?
Virginia initially received final authorization of its hazardous
waste program effective December 18, 1984 (49 FR 47391). EPA granted
authorization for revisions to Virginia's regulatory program effective
August 13, 1993 (58 FR 32855); September 29, 2000 (65 FR 46607); June
20, 2003 (68 FR 36925); July 10, 2006 (71 FR 27204); July 30, 2008 (73
FR 44168); and November 4, 2013 (78 FR 54178).
G. What revisions are we authorizing with this action?
On January 10, 2022, Virginia submitted a final program revision
application (with subsequent corrections) seeking authorization of
additional revisions to its hazardous waste program, as published in
the Code of Federal Regulations from June 13, 2011, through February
22, 2019.
EPA now makes a direct final rule, subject to receipt of written
comments that oppose this action, that Virginia's hazardous waste
program revision application satisfies all of the requirements
necessary to qualify for final authorization. Therefore, EPA grants
Virginia final authorization for the following program revisions:
1. Program Revision Changes for Federal Rules
Virginia seeks authority to administer the Federal requirements
that are listed in Table 1 of this document. Virginia incorporates by
reference these Federal provisions, in accordance with the dates
specified in Title 9, Virginia Administrative Code (9VAC 20-60-18).
This Table 1 lists the Virginia analogs that are being recognized as no
less stringent than the analogous Federal requirements.
The Virginia Waste Management Act (VWMA) enacted by the 1986
session of Virginia's General Assembly and recodified in 1988 as
Chapter 14, Title 10.1, Code of Virginia, forms the basis of the
Virginia program. These regulatory references are to Title 9, Virginia
Administrative Code (9 VAC) effective through August 23, 2019. On
November 4, 2013 (78 FR 54178, September 3, 2013), Virginia received
approval of Program Revision V to its hazardous waste management
program. Since then, Virginia's regulations have been updated to
include Federal regulatory changes. This application, Program Revision
VI, addresses certain changes made to Virginia's hazardous waste
program between January 1, 2011, and August 23, 2019.
Table 1--Virginia's Analogs to the Federal Requirements
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Description of Federal
requirement (revision Federal Register Analogous Virginia
checklists \1\) page and date authority
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RCRA Cluster VIII
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Exclusion of Recycled Wood 63 FR 28556, May 9VAC20-60-18; 9VAC20-
Preserving Wastewaters, 26, 1988. 60-261 A.
Revision Checklist 167F.
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RCRA Cluster XXI
------------------------------------------------------------------------
Revisions of the Treatment 76 FR 34147, June 9VAC20-60-18; 9VAC20-
Standards for Carbamate 13, 2011. 60-268.
Wastes, Revision Checklist
227.
------------------------------------------------------------------------
RCRA Cluster XXII
------------------------------------------------------------------------
Hazardous Waste Technical 77 FR 22229, 9VAC20-60-18; 9VAC20-
Corrections and April 13, 2012. 60-260; 9VAC20-60-
Clarifications, Revision 266.
Checklist 228.
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RCRA Cluster XXIII
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Conditional Exclusions for 78 FR 46448, July 9VAC20-60-18; 9VAC20-
Solvent Contaminated Wipes, 31, 2013. 60-260; 9VAC20-60-
Revision Checklist 229. 261.
Conditional Exclusion for 79 FR 350, 9VAC20-60-18; 9VAC20-
Carbon Dioxide (CO2) Streams January 3, 2014. 60-260; 9VAC20-60-
in Geologic Sequestration 261.
Activities, Revision
Checklist 230.
Hazardous Waste Electronic 79 FR 7518, 9VAC20-60-18; 9VAC20-
Manifest Rule, Revision February 7, 2014. 60-260; 9VAC20-60-
Checklist 231. 262; 9VAC20-60-263;
9VAC20-60-264;
9VAC20-60-265.
Revisions to the Export 79 FR 36220, June 9VAC20-60-18; 9VAC20-
Provisions of the Cathode Ray 26, 2014. 60-260; 9VAC20-60-
Tube Rule, Revision Checklist 261.
232.
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RCRA Cluster XXIV
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Revisions to the Definition of 80 FR 1694, 9VAC20-60-18; 9VAC20-
Solid Waste: Changes January 13, 2015. 60-260; 9VAC20-60-
affecting all non-waste 1390; 9VAC20-60-
determinations and variances, 1420.
Revision Checklist 233A.
Revisions to the Definition of 80 FR 1694, 9VAC20-60-18; 9VAC20-
Solid Waste: Speculative January 13, 2015. 60-261.
Accumulation, Revision
Checklist 233C.
[[Page 62997]]
Revisions to the Definition of 80 FR 1694, 9VAC20-60-18; 9VAC20-
Solid Waste: 2008 DSW January 13, 2015. 60-260; 9VAC20-60-
exclusions and non-waste 83 FR 24664 May 261; 9VAC20-60-1390;
determinations, including 30, 2018. 9VAC20-60-1420.
revisions from 2015 DSW final
rule and 2018 DSW final rule,
Revision Checklist 233D2.
Revisions to the Definition of 80 FR 1694, 9VAC20-60-18; 9VAC20-
Solid Waste: Remanufacturing January 13, 2015. 60-260; 9VAC20-60-
exclusion, Revision Checklist 261.
233E.
Response to Vacaturs of the 80 FR 18777, 9VAC20-60-18; 9VAC20-
Comparable Fuels Rule and the April 8, 2015. 60-260; 9VAC20-60-
Gasification Rule, Revision 261.
Checklist 234.
Disposal of Coal Combustion 80 FR 21302, 9VAC20-60-18; 9VAC20-
Residuals from Electric April 17, 2015. 60-261.
Utilities, Revision Checklist
235.
------------------------------------------------------------------------
RCRA Cluster XXV
------------------------------------------------------------------------
Imports and Exports of 81 FR 85696, 9VAC20-60-18; 9VAC20-
Hazardous Waste, Revision November 28, 60-260, 261, 262,
Checklist 236. 2016. 263, 264, 265, 266,
82 FR 41015, 267, and 273.
August 29, 2017.
83 FR 38263,
August 6, 2018.
Hazardous Waste Generator 81 FR 85732, 9VAC20-60-18; 9VAC20-
Improvements Rule, Revision November 28, 60-260, 261, 262,
Checklist 237. 2016. 263, 264, 265, 267,
268, 270, 273, and
279.
------------------------------------------------------------------------
RCRA Cluster XXVI
------------------------------------------------------------------------
Confidentiality Determinations 82 FR 60894, 9VAC 20-60-18; 9VAC20-
for Hazardous Waste Export December 26, 60-260, 261, and
and Import Documents, 2017. 262.
Revision Checklist 238.
------------------------------------------------------------------------
RCRA Cluster XXVII
------------------------------------------------------------------------
Safe Management of Recalled 83 FR 61552, 9VAC20-60-18; 9VAC20-
Airbags, Revision Checklist November 30, 60-260, 261, 262.
240. 2018.
Management Standards for 84 FR 5816, 9VAC20-60-18; 9VAC20-
Hazardous Waste February 22, 110-110; 9VAC20-60-
Pharmaceuticals and Amendment 2019. 261, 262, 264, 265,
to the P075 Listing for 266, 268, 270, and
Nicotine, Revision Checklist 273.
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 <a href="https://www.epa.gov/rcra/state-authorization-under-resource-conservation-and-recovery-act-rcra">https://www.epa.gov/rcra/state-authorization-under-resource-conservation-and-recovery-act-rcra</a>.
2. State-Initiated Revisions
In addition, 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 to some of Virginia's
existing regulations are for the purpose of correcting errors and
adding consistency or clarification to the existing regulations. The
following State provisions were previously equivalent, more stringent,
or broader in scope and now they are all equivalent and analogous to
the RCRA provisions found at Title 40 of the Code of Federal
Regulations: 9VAC20-60-315 H, 9VAC20-60-420 E, 9VAC20-60-430 F, 9VAC20-
60-440 A, B, C, C 1, D, and E, 9VAC20-60-450 (repealed), 9VAC20-60-480
E 1, L, and M, 9VAC20-60-490 B 3, and 9VAC20-60 Forms.
H. Where are the revised 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.
1. Virginia Requirements That Are More Stringent Than the Federal
Program
The following Virginia provisions are more stringent than the
Federal program.
<bullet> Virginia is more stringent than the Federal program at
9VAC20-60-490 C 4 by requiring that reports be submitted to the State
as well as to Federal authorities.
<bullet> Virginia is more stringent than the Federal program at
9VAC20-60-262 B 4 by requiring that large quantity generators notify
the State of each location where hazardous waste is accumulated.
<bullet> Virginia is more stringent than the Federal program at
9VAC20-60-262 B 6 by requiring any receiving treatment, storage, or
disposal facility to hold a permit; Virginia is also more stringent
than the Federal program by requiring an EPA identification number for
transporters.
<bullet> Virginia's regulations, at 9VAC20-60-260 A, incorporate by
reference the Federal regulations at 40 CFR part 260, with some
additions, modifications, and exceptions, including the modification at
9VAC20-60-260 B 2. This provision is more stringent than the Federal
program in that it imposes additional requirements for the management
of hazardous secondary materials in a land-based unit.
<bullet> On January 13, 2015, EPA issued a final rule that became
effective on July 13, 2015, revising several recycling-related
provisions associated with the definition of solid waste used to
determine hazardous waste regulation under RCRA subtitle C (80 FR
1694). The revisions included adding conditions to certain exclusions
and adding a codified definition of ``contained.'' On May 30, 2018, EPA
issued the final rule: ``Response to Vacatur of Certain Provisions of
the Definition of Solid Waste Rule,'' 83 FR 24664. Because the 2018
rule included provisions that are less stringent than the 2015
revisions, states that adopted the 2015 rule were not required to adopt
the 2018 rule. The Virginia regulations, at 9VAC20-60-18, 9VAC20-60-260
B 9, 9VAC20-60-260 B 14, and 9VAC20-60-261 B 14, specify that Virginia
is retaining the 2015 rules. In that respect, the Virginia regulations
are more stringent than the Federal program.
[[Page 62998]]
2. Virginia Requirements That Are Broader in Scope Than the Federal
Program
Although the statute does not prevent States from adopting
regulations that are broader in scope than the Federal program, States
cannot receive authorization for such regulations. EPA cannot enforce
requirements that are broader in scope, although compliance with such
provisions is required by Virginia law.
The following Virginia provisions are broader in scope than the
Federal program in that they require the payment of fees that are not
required by the Federal program:
<bullet> 9VAC20-60-1280 B requires the payment of permit
application fees.
<bullet> 9VAC20-60-1284 B 2 requires the payment of annual fees.
<bullet> 9VAC20-60-1260 B, C, D, E, F, and G 3, insofar as these
provisions address hazardous waste program fees.
<bullet> 9VAC20-60-1270 B, C, C 5, D, and E set forth the method by
which application fee amounts shall be determined.
<bullet> 9VAC20-60-1283 A, B, and C set forth the method by which
annual fee amounts shall be determined.
<bullet> 9VAC20-60-1285 Table 1 sets forth the schedule of permit
application fees.
I. Who handles permits after this authorization takes effect?
After this authorization revision, 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
Virginia and EPA terminates its permit, EPA and Virginia agree to
coordinate the administration of such a 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 document after
the effective date of this authorization. EPA will continue to
implement, and issue permits for HSWA requirements for which Virginia
is not yet authorized.
J. How does this action affect Indian country in Virginia?
Virginia is not authorized to carry out the hazardous waste program
in Indian country (18 U.S.C. 1151) within the State. EPA will implement
and administer the RCRA program on these lands.
K. What is codification and is EPA codifying 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
proposing to codify the authorization of Virginia's revisions at this
time. However, EPA reserves the amendment of 40 CFR part 272, subpart
VV, for this authorization of Virginia's program revisions until a
later date.
L. Administrative Requirements
The Office of Management and Budget has exempted this action from
the requirements of Executive Order 12866 (58 FR 51735, October 4,
1993) and 13563 (76 FR 3821, January 21, 2011). 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 also does not
significantly or uniquely affect the communities of Tribal governments,
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
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 18, 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.).
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.
[[Page 62999]]
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 December 19, 2022 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 III.
[FR Doc. 2022-22578 Filed 10-17-22; 8:45 am]
BILLING CODE 6560-50-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.