[Federal Register Volume 64, Number 185 (Friday, September 24, 1999)]
[Rules and Regulations]
[Pages 51702-51709]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-24908]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL 6443-5]
Vermont: Final Authorization of State Hazardous Waste Management
Program Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Immediate final rule.
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SUMMARY: Vermont has applied to EPA for Final authorization for changes
to its hazardous waste program under the Resource Conservation and
Recovery Act (RCRA). EPA has determined that these changes satisfy all
requirements needed to qualify for Final authorization, and is
authorizing the State's changes through this immediate final action.
EPA is publishing this rule to authorize the changes without a prior
proposal because we believe this action is not controversial and do not
expect comments that oppose it. Unless we get written comments which
oppose this authorization during the comment period, the decision to
authorize Vermont's changes to their hazardous waste program will take
effect as provided below. If we get comments that oppose this action,
EPA will withdraw this immediate final rule and it will not take
effect. EPA will then address public comments in a later final rule.
EPA may not provide further opportunity for comment. Any parties
interested in commenting on this action, must do so at this time.
DATES: This final authorization will become effective on November 23,
1999, without further notice, unless EPA receives adverse comments by
October 25, 1999. Should EPA receive such comments, the Agency will
publish a timely document in the Federal Register withdrawing this
rule.
ADDRESSES: Send written comments to Geri Mannion, EPA Region I, One
Congress Street, Suite 1100 (CHW), Boston, MA 02114-2023; Phone Number:
(617) 918-1648. You can view and copy Vermont's application at the
following addresses: The Agency of Natural Resources, Vermont
Department of Environmental Conservation, Waste Management Division,
103 South Main Street--West Office Building, Waterbury, VT 05671-0404;
Phone number: (802) 241-3888; Business Hours: 7:45 A.M. to 4:30 P.M.,
Monday through Friday and EPA Region I Library, One Congress Street,
Suite 1100 (LIB), Boston, MA, 02114-2023; Phone number: (617) 918-1990;
Business Hours: 8:30 A.M. to 5:00 P.M., Monday through Friday.
FOR FURTHER INFORMATION CONTACT: Geri Mannion, EPA Region I, One
Congress Street, Suite 1100 (CHW), Boston, MA 02114-2023; Phone Number:
(617) 918-1648.
SUPPLEMENTARY INFORMATION:
Technical Corrections
In addition to authorizing the changes to Vermont's hazardous waste
program, EPA is making technical corrections to provisions referenced
in its immediate final rule published in the Federal Register on May 3,
1993 (58 FR 26242) and effective August 6, 1993 (58 FR 31911) which
authorized the State for other earlier revisions to its hazardous waste
program.
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
change their programs and ask EPA to authorize the changes. Changes 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 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.
B. What Decisions Have We Made in This Rule?
We conclude that Vermont's application to revise its authorized
program meets all of the statutory and regulatory requirements
established by RCRA. Therefore, we grant Vermont Final authorization to
operate its hazardous waste program with the changes described in the
authorization application. Vermont 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
revised program 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. However, when
today's approval takes effect, Vermont will be authorized to administer
almost all of these HSWA requirements, as well as being authorized for
almost all the pre-HSWA requirements.
C. What is the Effect of Today's Authorization Decision?
The effect of this decision is that a facility in Vermont subject
to RCRA will now have to comply with the authorized State requirements
instead of the equivalent federal requirements in order to comply with
RCRA. Vermont has enforcement responsibilities under its state
hazardous waste program for violations of such program, but EPA retains
its authority under RCRA sections 3007, 3008, 3013, and 7003, which
include, among others, authority to:
Do inspections, and require monitoring, tests, analyses or
reports
Full authority to enforce RCRA requirements and suspend or
revoke permits
This action does not impose additional requirements on the
regulated community because the regulations for which Vermont is being
authorized by today's action are already effective, and are not changed
by today's action.
[[Page 51703]]
D. Why Wasn't There a Proposed Rule Before Today's 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. Vermont has already addressed any comments raised during
the State rulemaking public comment period, prior to adopting these
rules on September 30, 1998. We are providing an opportunity for public
comment now. In the proposed rules section of today's Federal Register
we are publishing a separate document that proposes to authorize the
state program changes. If we receive comments which oppose this
authorization, that document will serve as a proposal to authorize the
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. We
then will address all public comments in a Federal Register notice. You
may not have another opportunity to comment. If you want to comment on
this action, 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 may withdraw
only that part of today's authorization rule. The authorization of the
program changes that are not opposed by any comments may 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 Vermont Previously Been Authorized For?
Vermont initially received final authorization on January 7, 1985,
effective January 21, 1985 (50 FR 775) to implement its base hazardous
waste management program. The Region published an immediate final rule
for Vermont's revisions to its program on May 3, 1993 (58 FR 26242) and
reopened the comment period for those revisions June 7, 1993 (58 FR
31911). The authorization became effective August 6, 1993 (58 FR
31911).
G. What Changes Are We Authorizing With Today's Action?
On September 15, 1999 Vermont submitted a final complete program
revision application, seeking authorization for their changes in
accordance with 40 CFR 271.21. These revisions address federal
regulatory provisions promulgated in the following rule clusters
(``cluster'' is the term used to designate a time frame, usually a
year, during which multiple federal regulatory changes occurred): Non-
HSWA Cluster V and VI, HSWA Cluster II, RCRA Clusters I through VIII.
We now make an immediate final decision, subject to receipt of written
comments that oppose this action, that Vermont's hazardous waste
program revision satisfies all of the requirements necessary to qualify
for Final authorization. Therefore, we grant Vermont final
authorization for the following program:
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Description of Federal requirement Analogous State authority \1\
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Non-HSWA V
(58) Standards for Generators of Hazardous Waste: 53 FR 7-109, Vermont Uniform Hazardous Waste Manifest.
45089-45093, 11/8/88.
Non-HSWA VI
(64) Delay of Closure Period for Hazardous Waste 7-504, 7-510, 7-507.
Management Facilities: 54 FR 33376-33398, 8/14/89.
(67) Testing and Monitoring Activities: 54 FR 40260- 7-219, 7-210.
40269, 9/29/89.
(70) Changes to Part 124 Not Accounted for by Present 7-504, 7-505, 7-507, 7-508, 7-509, 7-506, 7-506.
Checklists: 48 FR 14146-14295, 4/1/83, 48 FR 30113-
30115, 6/30/83, 53 FR 28118-28157, 7/26/88, 53 FR
37396-37414, 9/26/88, 54 FR 246-258, 1/4/89.
(72) Modification of F019 Listing: 55 FR 5340-5342, 2/ 7-210
14/90.
(73) Testing and Monitoring Activities; Technical 7-219.
Corrections: 55 FR 8948-8950, 3/9/90.
(76) Criteria for Listing Toxic Wastes; Technical 7-213, 7-216.
Amendment: 55 FR 18726, 5/4/90.
(78N) Land Disposal Restrictions for Third Third See Table IV, Special Consolidated Checklist for Land
Scheduled Wastes: 55 FR 22520-22720, 6/1/90. Disposal Restrictions.
HSWA II
(42) Exception Reporting for Small Quantity Generators 7-707.
of Hazardous Waste: 52 FR 35894-35899, 9/23/87.
(44A-G) HSWA Codification Rule 2: 52 FR 45788-45799, 12/
1/87:
44A--Permit Application Requirements Regarding 7-505.
Corrective Action.
44B--Corrective Action Beyond Facility Boundary.... 7-504.
44C--Corrective Action for Injection Wells......... 13.UIC.23(c).
44D--Permit Modification........................... Checklist eliminated by Revision Checklist 54.
44E--Permit as a Shield Provision.................. No State Analog, more stringent.
44F--Permit Conditions to Protect Human Health and 10 VSA Sec. 6606(b)(9).
the Environment.
44G--Post Closure Permits.......................... 7-504.
(47) Identification and Listing of Hazardous Waste; 7-306.
Technical Correction: 53 FR 27162-27163, 7/19/88.
(48) Farmer Exemptions; Technical Corrections: 53 FR 7-203, 7-502.
27164-27165, 7/19/88.
(68) Reportable Quantity Adjustment Methyl Bromide 7-212, 7-219, Appendix I, Appendix IX.
Production Wastes: 54 FR 41402-41408, 10/6/89.
(69) Reportable Quantity Adjustment: 54 FR 50968-50979, 7-210, Appendix IX, Appendix II.
12/11/89.
(75) Listing of 1,1-Dimethylhydrazine Production 7-212, 7-219, Appendix I, Appendix IX.
Wastes: 55 FR 18496-18506, 5/2/90.
[[Page 51704]]
(77) HSWA Codification Rule, Double Liners, Correction: Superceded by Checklist 100 listed below.
55 FR 19262-19264, 5/9/90.
(79) Organic Air Emission Standards for Process Vents 7-219, 7-502, 7-504, 7-505, 7-510, 7-604, 7-604, 6-605,
and Equipment Leaks: 55 FR 25454-25519, 6/21/90. 6-606, 6-606.
RCRA I
(81) Petroleum Refinery Primary and Secondary Oil/Water/ 7-210, Appendix IX.
Solids Separation Sludge Listings (F037 and F038): 55
FR 46354-46397 11/2/90, as amended on 12/17/90, at 55
FR 51707.
(87) Organic Air Emission Standards for Process Vents 7-504, 7-504, 7-504, 7-510, 7-505.
and Equipment Leaks; Technical Amendment: 56 FR 19290,
4/26/91.
(88) Administrative Stay for K069 Listing: 56 FR 19951, 7-212, Appendix I.
5/1/91.
(89) Revision to the Petroleum Primary and Secondary 7-210.
Oil/Water/Solids Separation Sludge Listings (F037 and
F038): 56 FR 21955-21960, 5/13/91.
RCRA II
(97) Exports of Hazardous Waste; Technical Correction: 7-705, 7-708.
56 FR 43704-43705, 9/4/91.
(99) Amendments to Interim Status Standards for 7-103, 7-504, 7-510, 7-504.
Downgradient Ground-Water Monitoring Well Locations:
56 FR 66365-66369, 12/23/91.
(100) Liners and Leak Detection Systems for Hazardous 7-103, 7-504, 7-505, 7-507, 7-510.
Waste Land Disposal Units: 57 FR 3462-3497, 1/29/92.
(104) Used Oil Filter Exclusion: 57 FR 21524-21534, 5/ 7-203.
20/92.
RCRA III
(107) Used Oil Filter Exclusion; Technical Correction: 7-203.
57 FR 29220, 7/1/92.
(113) Consolidated Liability Requirements: 53 FR 33938- 7-504, 7-510.
33960, 9/1/88; 56 FR 30200, 7/1/91; 57 FR 42832-42844,
9/16/92.
(115) Chlorinated Toluenes Production Waste Listing: 57 7-212, Appendix I, Appendix IX.
FR 47376-47386, 10/15/92.
(118) Liquids in Landfills II: 57 FR 54452-54461, 11/18/ 7-103, 7-504, 7-504, 7-504, 7-510.
92.
(121) Corrective Action Management Units and Temporary 7-103, 7-510, 7-504, 7-504, 7-504, 7-510, 7-106, 7-507.
Units: 58 FR 8658-8685, 2/16/93.
RCRA IV
(126) Testing and Monitoring Activities: 58 FR 46040- 7-219, 7-217, 7-206, 7-219, 7-206, 7-208, 7-504, 7-504,
46050, 8/31/93, as amended at 59 FR 47980-47982, 9/19/ 7-504, 7-510, 7-106, 7-505, 7-511, 7-511.
94.
(128) Wastes From the Use of Chlorophenolic 7-219, Appendix II.
Formulations in Wood Surface Protection: 59 FR 458-
469, 1/4/94.
(129) Revision of Conditional Exemption for Small Scale 7-203.
Treatability Studies: 59 FR 8362-8366, 2/18/94.
(131) Recordkeeping Instructions; Technical Amendment: 7-504, 7-504, 7-504, 7-510, 7-504.
59 FR 13891-13893, 3/24/94.
(132) Wood Surface Protection; Correction: 59 FR 28484, 7-219.
6/2/94.
(133) Letter of Credit Revision: 59 FR 29958-29960, 6/ 7-504, 7-504.
10/94.
(134) Correction of Beryllium Powder (P015) Listing: 59 7-215, Appendix IV, Appendix II, 7-106.
FR 31551-31552, 6/20/94.
RCRA V
(135) Recovered Oil Exclusion: 59 FR 38536-38545, 7/28/ 7-512.
94.
(139) Testing and Monitoring Activities Amendment I: 60 7-219.
FR 3089-3095, 1/13/95.
(141) Testing and Monitoring Activities Amendment II: 7-219.
60 FR 17001-17004, 4/4/95.
(142A) Universal Waste; General Provisions: 60 FR 25492- 7-103, 7-911, 7-305, 7-204, 7-306, 7-203, 7-202, 7-502,
25551, 5/11/95. 7-106, 7-901, 7-910, 7-910, 7-305, 7-912, 7-912, 7-
912, 7-912, 7-913, 7-914, 7-915, 7-915.
(142B) Universal Waste Rule; Specific Provisions for 7-911, 7-203, 7-502, 7-204, 7-106, 7-901, 7-902.
Batteries: 60 FR 25492-25551, 5/11/95.
(142C) Universal Waste Rule; Specific Provisions for 7-911, 7-203, 7-502, 7-106, 7-901, 7-903, 7-912.
Pesticides: 60 FR 25492-25551, 5/11/95.
(142D) Universal Waste Rule; Specific Provisions for 7-911, 7-2030, 7-502, 7-106, 7-901, 7-904, 7-912.
Thermostats: 60 FR 25492-25551, 5/11/95.
(142E) Universal Waste Rule; Petition Provisions to Add 7-916.
a New Universal Waste: 60 FR 25492-25551, 5/11/95.
(144) Removal of Legally Obsolete Rules: 60 FR 33912- 7-210, 7-512, 7-109, 7-103, 7-510, 7-504, 7-505.
33915, 6/29/95.
RCRA VI
(145) Liquids in Landfills III: 60 FR 35703-35706, 7/11/ 7-504, 7-510.
95.
(150) Amendments to the Definition of Solid Waste: 61 No State Analog, more stringent.
FR 13103-13106, 3/26/96.
[[Page 51705]]
(151) Land Disposal Restriction Phase III-- 7-106.
Decharacterized Wastewaters, Carbamate Wastes, and
Spent Potliners: 61 FR 15566-15660, 4/8/96 as amended
4/8/96 at 61 FR 15660-15668; as amended 4/30/96 at 61
FR 19117; as amended 6/28/96 at 61 FR 33680-33690; as
amended 7/10/96 at 61 FR 36419-36421; as amended 8/26/
96 at 61 FR 43924-43931; as amended 2/19/97 at 62 FR
7502-7600.
RCRA VII
(153) Conditionally Exempt Small Quantity Generator 7-306.
Disposal Options under Subtitle D: 61 FR 34252-34278,
7/1/96.
(154) Consolidated Organic Air Emission Standards for 7-1090, 7-219, 7-604, 7-307, 7-308, 7-504, 7-504, 7-
Tanks, Surface Impoundments, and Containers: 59 FR 504, 7-510, 7-505(b).
62896-62953, 12/6/94, as amended by 60 FR 26828-26829,
5/19/95, 60 FR 50426-50430, 9/29/95, 60 FR 56952-
56954, 11/13/95, 61 FR 4903-4916, 2/9/96, 61 FR 28508-
28511, 6/5/96, 61 FR 59932-59997, 11/25/96.
(155) Land Disposal Restrictions Phase III--Emergency 7-106.
Extension of the K088 Capacity Variance: 62 FR 1992-
1997, 1/14/97.
(157) Land Disposal Restrictions Phase IV--Treatment 7-106, 7-204.
Standards for Wood Preserving Wastes, Paperwork
Reduction and Streamlining, Exemptions from RCRA for
Certain Processed Materials; and Miscellaneous
Hazardous Waste Provisions: 62 FR 25998-26040, 5/12/97.
(158) Testing and Monitoring Activities Amendment III: 7-219, 7-504, 7-510, 7-512.
62 FR 32452-32463, 6/13/97.
RCRA VIII
(163) Organic Air Emission Standards for Tanks, Surface 7-109, 7-505, 7-604. VT did not submit a checklist for
Impoundments, and Containers; Clarification and this because the rules listed therein have been
Technical Amendment: 62 FR 64636-64671, 12/8/97. incorporated by reference at 7-505 and 7-604.
Special Consolidated Checklists
Consolidated Checklist for the Burning of Hazardous
Waste in Boilers and Industrial Furnaces as of 6/30/
97:
(85) Burning of Hazardous Wastes in Boilers and 7-103, 7-219, 3 Vermont Statutes Annotated (VSA) 801 et
Industrial Furnaces: 56 FR 7134, 2/21/91; seq., 7-106, 7-216, 7-217, 7-203, 7-204, 7-212,
(94) Burning of Hazardous Wastes in Boilers and Appendix I, Appendix IX, 7-504, 7-510, 7-512, 7-504, 7-
Industrial Furnaces; Corrections and Technical 510, 7-505, 7-507, 7-511.
Amendments: 56 FR 32688, 7/17/91;
(96) Burning of Hazardous Wastes in Boilers and
Industrial Furnaces; Technical Amendments II: 56
FR 42504 8/27/91;
(98) Coke Ovens Administrative Stay: 56 FR 43874 9/
5/91;
(105) Recycled Coke By-Product Exclusion: 57 FR
27880 6/22/92;
(110) Coke By-Products Listing: 57 FR 37284 8/18/
92;
(111) Boilers and Industrial Furnaces; Technical
Amendment III: 57 FR 38558, 8/25/92;
(114) Boilers and Industrial Furnaces: Technical
Amendment IV: 57 FR 44999, 9/30/92;
(125) Boilers and Industrial Furnaces; Changes for
Consistency with New Air Regulations: 58 FR 38816,
7/20/93 and
(127) Boilers and Industrial Furnaces:
Administrative Stay and Interim Standards for
Bevill Residues: 58 FR 59598, 11/9/93.
Consolidated Checklist for the Land Disposal
Restrictions as of 6/30/95:
(34) Land Disposal Restrictions: 51 FR 40572, 11/7/ 1 VSA Ch. 5, Subchapter 3, 7-109, 7-103, 7-106, 3 VSA
86 as amended on 6/4/87 at 52 FR 21010 (authorized 801 et seq., 7-217, 7-218, 1 VSA 316(3), 7-109, 7-219,
1993); 7-608, Recycle and Reuse Form/Oct. '97, , 7-201, 7-
(39) California List Waste Restrictions: 52 FR 203, 7-204, 7-306, 7-306, 7-305, 7-202, 7-205, 7-206,
25760, 7/8/87 as amended on 10/27/87 at 52 FR 7-207, 7-208, 7-202, 7-210, 7-214, 7-202, Appendix IX,
41295; 7-303, 7-204, 7-307, 7-307, 7-311, 7-311, 7-308, 7-
(50) Land Disposal Restrictions for First Third 308, 7-307, 7-203, 7-404, 7-502, 7-501, 7-504, 7-510,
Scheduled Wastes: 53 FR 31138, 8/17/88 as amended 7-607, 7-512, 7-510.
on 2/27/89 at 54 FR 8264;
(62) Land Disposal Restriction Amendments to First
Third Scheduled Wastes: 54 FR 18836, 5/2/89);
(63) Land Disposal Restrictions for Second Third
Schedules Wastes: 54 FR 26594, 6/23/89;
(66) Land Disposal Restrictions: Correction to the
First Third Scheduled Wastes: 54 FR 36967, 9/6/89
as amended on 6/13/90 at 55 FR 23935;
(78H) Land Disposal Restrictions for Third Third
Scheduled Wastes: 55 FR 22520, 6/1/90;
(83) Land Disposal Restrictions for Third Third
Scheduled Wastes; Technical Amendment: 56 FR 3864,
1/31/91;
(95) Land Disposal Restrictions for Electric Arc
Furnace Dust (K061): 56 FR 41164, 8/19/91;
(102) Second Correction to the Third Third Land
Disposal Restrictions: 57 FR 8086, 3/6/92
(103) Hazardous Debris Case-by-Case Capacity
Variance: 57 FR 20766, 5/15/92;
[[Page 51706]]
(106) Lead-Bearing Hazardous Materials Case-by-Case
Capacity Variance: 57 FR 28628, 6/26/92;
(109) Land Disposal Restrictions for Newly Listed
Waste and Hazardous Debris: 57 FR 37194, 8/18/92;
(116) Hazardous Soil Case-by-Case Capacity
Variance: 57 FR 47772, 10/20/92;
(123) Land Disposal Restrictions; Renewal of the
Hazardous Waste Debris Case-by-Case Capacity
Variance: 58 FR 28506, 5/14/93;
(124) Land Disposal Restrictions for Ignitable and
Corrosive Characteristic Wastes Whose Treatment
Standards Were Vacated; 58 FR 29860, 5/24/93;
(136) Removal of the Conditional Exemption for
Certain Slag Residues: 59 FR 43496, 8/24/94.
Consolidated Checklist for the Bevill Exclusion for
Mining Wastes as of 6/30/97:
(53) Identification and Listing of Hazardous Waste: 7-103, 7-202, 7-203, 7-203, 7-212, Appendix I, Appendix
and Designation, Reportable Quantities, and IX, 7-202.
Notification: 53 FR 35412, 9/13/88 (authorized
1993);
(65) Mining Waste Exclusion I: 54 FR 36592, 9/1/89;
(71) Mining Waste Exclusion II: 55 FR 2322, 1/23/
90; and
(90) Mining Exclusion III: 56 FR 27300, 6/13/91.
Consolidated Checklist for the Toxicity Characteristics
Revisions as of 6/30/97:
(74) Toxicity Characteristic Revisions: 55 FR 7-202, 7-203, 7-204, 7-208, 7-209, 7-208, 7-219, 7-504,
11748, 3/29/90 as amended on 6/29/90 at 55 FR 7-510, 7-106.
26986 (authorized 1993);
(80) Toxicity characteristic; Hydrocarbon: 55 FR
40834 10/5/90, 56 FR 3978 as amended on 2/1/91 at
56 FR 13406, 4/2/91;
(84) Toxicity Characteristic; Chlorofluorocarbon
Refrigerants: 56 FR 5910, 2/13/91;
(108) Toxicity Characteristic Revisions: 57 FR
30657, 7/10/92;
(117 B) Toxicity Characteristic Amendment: 57 FR
23062, 6/1/92; and
(119) Toxicity Characteristic Revision; TCLP
Correction: 57 FR 55114, 11/24/92.
Consolidated Checklist for Recycled Used Oil Management
Standards as of 6/30/97:
(112) Recycled Used Oil Management Standards: 57 FR 7-103, 7-802, 7-805, 7-203, 7-204, 7-502, 7-512, 7-801,
41566, 9/10/92; 7-803, 7-805, 7-804, 7-812, 7-807, 7-806, 7-810, 7-
(122) Recycled Used Oil Management Standards; 808, 7-809, 7-811, 7-813, 7-812.
Technical Amendments and Corrections: 58 FR 26420,
5/3/93 as amended on 6/17/93 at 58 FR 33341; and
(130) Recycled Used Oil Management Standards;
Technical Amendments and Corrections II: 59 FR
10550, 3/4/94.
Consolidated Checklist for the Wood Preserving Listings
as of 6/30/97:
(82) Wood Preserving Listings: 55 FR 50450, 12/6/ 7-103, 7-204, 7-210, 7-219, Appendix IX, Appendix II, 7-
90; 307, 7-308, 7-311, 7-504, 7-510, 7-505.
(91) Wood Preserving Listings: 56 FR 27332, 6/13/
91;
(92) Wood Preserving Listings; Technical
Corrections: 56 FR 30192, 7/1/91;
(101) Administrative Stay for the Requirement that
Existing Drip Pads Be Impermeable: 57 FR 5859, 2/
18/92;
(120) Wood Preserving; Revisions to Listings and
Technical Requirements: 57 FR 61492, 12/24/92.
----------------------------------------------------------------------------------------------------------------
\1\ Hazardous Waste Management Regulations, effective 9/30/98; Water Pollution Control Regulations, Subchapter
13, effective 6/21/84; Vermont Statutes Annotated 1998.
EPA cannot delegate the Federal requirements at 40 CFR 268.5,
268.6, and 268.42(b). At 7-106 Vermont's rules stipulate that these
sections are not incorporated by reference and that authority for
implementing these requirements remains with EPA.
In addition to updating its program, Vermont has reformatted and
renumbered its Waste Management Regulations and, therefore, some rule
numbers for previously authorized rules have been changed. As part of
this application, Vermont submitted updated base program checklists and
revision checklists for which the State received authorization in 1993.
These checklists list the current state analogs to federal base program
requirements and are available for inspection and copying at the
locations listed above.
H. Where Are the Revised State Rules Different From the Federal
Rules?
The State rules are more stringent than the minimum requirements
set forth in the federal regulations in various respects including
those discussed below. Vermont also has some requirements which are
different from the federal requirements, but which we have determined
are equally stringent.
We consider the following updated State requirements to be more
stringent than the Federal requirements: Vermont does not permit
disposal in underground injection wells, therefore it does not have
analogous provisions to 40 CFR144.1(h), 144.31(g)(1), (2), and (3); 40
CFR 265.2(c)(2) and 40 CFR 270.60(b)(3)(i) and (ii) which are the
[[Page 51707]]
requirements for Corrective Action for Injection Wells listed in
Revision checklist 44C. Vermont does not permit the use of a permit as
shield, therefore it does not have an analog for 40 CFR 260.4(a) listed
in Revision Checklist 44E. Vermont does not grant the exclusion at 40
CFR 261.4(a)(12) for recovered used oil listed on revision checklist
150. Vermont used Checklist 153 to restate that it does not allow the
wastes generated by conditionally exempt small quantity generators to
be disposed of in Subtitle D landfills. These requirements are part of
Vermont's authorized program and are federally enforceable.
In this revision Vermont modified its regulations for satellite
accumulation and for storage prior to the recycling of recyclable
materials. EPA's Satellite Accumulation rule promulgated on December
20, 1984 (40 FR 49571) allows generators to accumulate up to 55 gallons
of hazardous waste or one quart of acutely hazardous waste in a
satellite area at or near the point of generation, so long as specified
requirements are met. The Vermont program allows one 55-gallon drum or
one quart of acutely hazardous waste per waste stream to be accumulated
in central storage areas subject to full hazardous waste requirements,
or at the point of generation. Although this is not identical to the
EPA regulation, EPA has determined that these rules for managing wastes
are protective of human health and the environment and are equivalent
to the federal regulation.
Vermont modified its recycling regulations in Subchapter 6.
Specifically, their rule will allow recyclers to temporarily place
incoming recyclable materials in a staging area for up to three days
without a storage permit. In case-by-case instances EPA has previously
agreed that States administering the RCRA program have some discretion
to determine that short periods of accumulation by recyclers of
incoming material do not constitute storage and thus would not trigger
the RCRA storage permitting requirements. Following these precedents,
the Region has determined that Vermont's staging regulation is
equivalent to the federal program and thus federally approvable.
I. Who Handles Permits After This Authorization Takes Effect?
Vermont will issue permits for all the provisions for which it is
authorized and will administer the permits it issues. We will not issue
any more new permits or new portions of permits for the provisions
listed in the Table above after the effective date of this
authorization. EPA will continue to implement and issue permits for any
HSWA requirements for which Vermont is not yet authorized.
J. What Technical Corrections Is EPA Making Today?
At 58 FR 26243, May 3, 1993, Region 1 noted in the preamble that
Vermont was not seeking to delist federally listed wastes since Section
7-216(3) (now at 7-217(c)) provides that any delisting of a hazardous
waste which is listed as hazardous under 40 CFR Part 261 shall be
conducted by EPA. However, the crosswalk at 58 FR 26250 (May 3, 1993)
incorrectly listed this rule on checklist 17B as authorized. The Region
is correcting this error today to note that Vermont did not seek
authorization for this rule. Also, on that crosswalk in the Federal
Register the titles for the rules addressed by checklists 19 and 34
were incomplete. These omissions are being corrected today and the
complete titles are as listed below. The title information for
Checklist 19 is: Burning of Waste Fuel and Used Oil Fuel in Boilers and
Industrial Furnaces, 50 FR 49164-49211, November 29, 1985 as amended on
April 13, 1987, at 52 FR 11819-11822. The title information for
Checklist 34 is: Land Disposal Restrictions, 51 FR 40572-40654,
November 7, 1986 as amended on June 4, 1987, at 52 FR 21010-21018.
Finally, in 1993 Vermont sought authorization for four rules for which
EPA does not use checklists. Inadvertently, these rules were omitted
from the May 3, 1993 (58 FR 2642) crosswalk. The rules SR1, concerning
existing and newly regulated surface impoundments regulated under HSWA
Sec. 3005(j)(1) & (6); SR2, concerning variances under Sec. 3005(j)(2)-
(9) and (13) regulated under HSWA Sec. 3005(j)(2)-(9); CP, concerning
hazardous and used oil fuel criminal penalties regulated under HSWA
Sec. 3006(h), 3008(d), and 3014 and SI, concerning sharing of
information with the Agency for Toxic Substances and Disease Registry
were addressed in Vermont's Attorney General Statement dated October 4,
1990. These omissions are being corrected today to state that Vermont
is authorized for these rules.
K. What Is Codification and Is EPA Codifying Vermont's Hazardous
Waste 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
program into the Code of Federal Regulations, as federal regulations.
We do this by referencing the authorized State rules in 40 CFR Part
272. EPA is authorizing but not codifying Vermont's updated program at
this time. We reserve the amendment of 40 CFR Part 272, Subpart UU for
this authorization of Vermont's program until a later date.
L. Regulatory Analysis and Notices
Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
one year.
Before promulgating an EPA rule for which a written statement is
needed, section 205 of the UMRA generally requires EPA to identify and
consider a reasonable number of regulatory alternatives and adopt the
least costly, most cost-effective or least burdensome alternative that
achieves the objectives of the rule. The provisions of section 205 do
not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of EPA regulatory proposals with significant
Federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements.
EPA has determined that section 202 and 205 requirements do not
apply to today's action because this rule does not contain a Federal
mandate that may result in annual expenditures of $100 million or more
for State, local, and/or tribal governments in the aggregate, or the
private sector. Costs to State, local and/or tribal governments already
exist under the Vermont program, and today's action does not impose any
additional obligations on regulated entities. In fact,
[[Page 51708]]
EPA's approval of State programs generally may reduce, not increase,
compliance costs for the private sector. Further, as it applies to the
State, this action does not impose a Federal intergovernmental mandate
because UMRA does not include duties arising from participation in a
voluntary federal program.
The requirements of section 203 of UMRA also do not apply to
today's action because this rule contains no regulatory requirements
that might significantly or uniquely affect small governments. Although
small governments may be hazardous waste generators, transporters, or
own and/or operate TSDFs, they are already subject to the regulatory
requirements under the existing State laws that are being authorized by
EPA, and, thus, are not subject to any additional significant or unique
requirements by virtue of this program approval.
Certification Under the Regulatory Flexibility Act
Pursuant to the Regulatory Flexibility Act (5 U.S.C. 601 et seq.,
as amended by the Small Business Regulatory Enforcement Fairness Act of
1996), whenever an agency is required to publish a notice of rulemaking
for any proposed or final rule, it must prepare and make available for
public comment a regulatory flexibility analysis that describes the
effect of the rule on small entities (i.e., small businesses, small
organizations, and small governmental jurisdictions). This analysis is
unnecessary, however, if the agency's administrator certifies that the
rule will not have a significant economic impact on a substantial
number of small entities.
The EPA has determined that this authorization will not have a
significant economic impact on a substantial number of small entities.
Such small entities which are hazardous waste generators, transporters,
or which own and/or operate TSDFs are already subject to the regulatory
requirements under the existing State laws that are now being
authorized by EPA.
The EPA's authorization does not impose any significant additional
burdens on these small entities. This is because EPA's authorization
would simply result in an administrative change, rather than a change
in the substantive requirements imposed on these small entities.
Pursuant to the provision at 5 U.S.C. 605(b), the Agency hereby
certifies that this authorization will not have a significant economic
impact on a substantial number of small entities. This authorization
approves regulatory requirements under existing State law to which
small entities are already subject. It does not impose any new burdens
on small entities. This rule, therefore, does not require a regulatory
flexibility analysis.
Submission to Congress and the Comptroller General
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. The EPA will submit a report containing this rule 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 of the rule in today's Federal Register. This rule is
not a ``major rule'' as defined by 5 U.S.C. 804(2).
Compliance With Executive Order 12866
The Office of Management and Budget has exempted this rule from the
requirements of Executive Order 12866.
Compliance With Executive Order 12875
Under Executive Order 12875, EPA may not issue a regulation that is
not required by statute and that creates a mandate upon a State, local
or tribal government, unless the Federal government provides the funds
necessary to pay the direct compliance costs incurred by those
governments, or EPA consults with those governments. If EPA complies
with consulting, Executive Order 12875 requires EPA to provide to the
Office of Management and Budget a description of the extent of EPA's
prior consultation with representatives of affected State, local and
tribal governments, the nature of their concerns, copies of any written
communications from the governments, and a statement supporting the
need to issue the regulation. In addition, Executive Order 12875
requires EPA to develop an effective process permitting elected
officials and other representatives of State, local and tribal
governments ``to provide meaningful and timely input in the development
of regulatory proposals containing significant unfunded mandates.''
This rule does not create a mandate on State, local or tribal
governments. The rule does not impose any enforceable duties on these
entities. The State administers its hazardous waste program
voluntarily, and any duties on other State, local or tribal
governmental entities arise from that program, not from this action.
Accordingly, the requirements of Executive Order 12875 do not apply to
this rule.
On August 4, 1999, President Clinton issued a new executive order
on federalism, Executive Order 13132, (64 FR 43255 (August 10, 1999)),
which will take effect on November 2, 1999. In the interim, the current
Executive Order 12612 (52 FR 41685 (October 30, 1987)), on federalism
still applies. This rule will not have substantial direct effect on
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 12612
because this rule affects only one State. In addition, this rule simply
approves the State's proposal to be authorized for updated requirements
in the hazardous waste program that the state has voluntarily chosen to
operate. Finally, as a result of this action, for provisions enacted
pursuant to the Hazardous and Solid Waste Amendments of 1984 (HSWA),
those newly authorized provisions of the State's program now apply in
Vermont in lieu of the equivalent Federal program provisions. Affected
parties are subject only to those authorized state program provisions,
as opposed to being subject both to the Federal and State program
provisions.
Compliance With Executive Order 13045
Executive Order 13045, ``Protection of Children from Environmental
Health Risks and Safety Risks,'' applies to any rule that: (1) The
Office of Management and Budget determines is ``economically
significant'' as defined under Executive Order 12866, and (2) concerns
an environmental health or safety risk that EPA has reason to believe
may have a disproportionate effect on children. If the regulatory
action meets both criteria, the Agency must evaluate the environmental
health or safety effects of the planned rule on children and explain
why the planned regulation is preferable to other potentially effective
and reasonably feasible alternatives considered by the Agency.
This rule is not subject to Executive Order 13045 because it is not
an economically significant rule as defined by Executive Order 12866,
and because it does not involve federal decisions based on
environmental health or safety risks, but rather involves approval of a
state program.
[[Page 51709]]
Compliance With Executive Order 13084
Under Executive Order 13084, EPA may not issue a regulation that is
not required by statute, that significantly or uniquely affects the
communities of Indian tribal governments, and that imposes substantial
direct compliance costs on those communities, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by the tribal governments, or EPA consults with those
governments. If EPA complies with consulting, Executive Order 13084
requires EPA to provide to the Office of Management and Budget, in a
separately identified section of the preamble to the rule, a
description of the extent of EPA's prior consultation with
representatives of affected tribal governments, a summary of the nature
of their concerns, and a statement supporting the need to issue the
regulation. In addition, Executive Order 13084 requires EPA to develop
an effective process permitting elected officials and other
representatives of Indian tribal governments ``to provide meaningful
and timely input in the development of regulatory policies on matters
that significantly or uniquely affect their communities.''
This rule is not subject to Executive Order 13084 because it does
not significantly or uniquely affect the communities of Indian tribal
governments as there are no Federally recognized Indian Tribes in
Vermont.
Paperwork Reduction Act
Under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., Federal
agencies must consider the paperwork burden imposed by any information
request contained in a proposed rule or a final rule. This rule will
not impose any additional information requirements upon the regulated
community, as the State regulations being approved already are in
effect under State law.
National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, Section 12(d) (15 U.S.C.
272 note) directs EPA to use voluntary consensus standards in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by voluntary consensus standards bodies. The NTTAA directs EPA
to provide Congress, through OMB, explanations when the Agency decides
not to use available and applicable voluntary consensus standards.
This action does not involve adopting new federal technical
standards. Therefore, EPA did not consider the use of any voluntary
consensus standards.
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, Water pollution control,
Water supply.
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, and 6974(b).
Dated: September 17, 1999.
John P. DeVillars,
Regional Administrator, Region I.
[FR Doc. 99-24908 Filed 9-23-99; 8:45 am]
BILLING CODE 6560-50-P
