[Federal Register Volume 65, Number 134 (Wednesday, July 12, 2000)]
[Rules and Regulations]
[Pages 42871-42879]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-17345]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-6732-8]
Delaware: Final Authorization of State Hazardous Waste Management
Program Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Immediate final rule.
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SUMMARY: Delaware has applied to EPA for Final authorization of
revisions to its hazardous waste program under the Resource
Conservation and Recovery Act (RCRA). The revisions cover regulatory
changes adopted on August 23, 1999 to the State's authorized hazardous
waste program, which include various amendments to Federal hazardous
waste regulations through January 21, 1999. EPA has determined that
Delaware's hazardous waste program revisions satisfy all of the
requirements necessary to qualify for Final authorization, and is
authorizing the state program revisions through this immediate final
action. EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial action and does not anticipate
adverse comments. However, in the proposed rules section of this
Federal Register, EPA is publishing a separate document that will serve
as a proposal to authorize the revisions should the Agency receive
adverse comment. If EPA receives comments that oppose this action or
portion(s) thereof, we will publish a document in the Federal Register
withdrawing this rule or portion(s) thereof before it takes effect, and
the separate document in the proposed rules section of this Federal
Register will serve as a proposal to authorize the changes. Unless EPA
receives adverse written comments during the review and comment period,
the decision to authorize Delaware's hazardous waste program revisions
will take effect.
DATES: This Final authorization for Delaware will become effective
without further notice on September 11, 2000, unless EPA receives
adverse comments by August 11, 2000. Once again, if EPA should receive
such comments on its decision, the Agency will publish a timely
withdrawal informing the public that this rule will not take effect.
ADDRESSES: Send written comments to Lillie Ellerbe, Mailcode 3WC21,
RCRA State Programs Branch, U.S. EPA Region III, 1650 Arch Street,
Philadelphia, PA 19103, Phone number: (215) 814-5454. Copies of the
Delaware program revision application and the materials which EPA used
in evaluating the revision are available for inspection and copying
from 8 a.m. to 4:30 p.m., Monday through Friday at the following
addresses: Department of Natural Resources & Environmental Control,
Division of Air & Waste Management, 89 Kings Highway, Dover, DE 19901,
Phone number 302-739-3689 and EPA Region III, Library, 2nd Floor, 1650
Arch Street, Philadelphia, PA 19103, Phone number: (215) 814-5254.
[[Page 42872]]
FOR FURTHER INFORMATION CONTACT: Lillie Ellerbe, Mailcode 3WC21, RCRA
State Programs Branch, U.S. EPA Region III, 1650 Arch Street,
Philadelphia, PA 19103, Phone number: (215) 814-5454.
SUPPLEMENTARY INFORMATION:
A. Why Are Revisions to State Programs Necessary?
RCRA, as amended by the Hazardous and Solid Waste Amendments of
1984 (HSWA), provides for authorization of State hazardous waste
programs under Subtitle C. Under RCRA section 3006, EPA may authorize a
State to administer and enforce the RCRA hazardous waste program. See
also 40 CFR part 271. In fact, Congress designed RCRA so that the
entire Subtitle C program would eventually be administered by the
States in lieu of the Federal program. This is because the States are
closer to, and more familiar with, the regulated community and
therefore are in a better position to administer the programs and
respond to local needs effectively.
After receiving authorization, the State administers the program in
lieu of the Federal program, although EPA retains enforcement authority
under RCRA sections 3008, 3013, and 7003. Authorized States must revise
their programs when EPA promulgates ``new'' Federal Standards that are
more stringent or broader in scope than existing Federal Standards.
States are not required to modify their programs when ``new'' Federal
changes are less stringent than the existing Federal program or when
changes reduce the scope of the existing Federal program. These changes
are optional and are noted as such in the Federal Register (FR) notices
in which the new Federal Standards are promulgated.
States which have received Final authorization from EPA under
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 hazardous waste program. As the Federal hazardous
waste program changes, the States must revise their programs and apply
for authorization of the revisions. Revisions to State hazardous waste
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 changes to EPA's
regulations in Title 40 of the Code of Federal Regulations (CFR) parts
124, 260 through 266, 268, 270, 273 and 279.
B. What Decisions Have We Made in This Rule?
EPA concludes that Delaware's application for authorization of its
program revisions meets all applicable statutory and regulatory
requirements established by RCRA. Accordingly, EPA grants Delaware
Final authorization to operate its hazardous waste program as revised.
Delaware now has responsibility for permitting treatment, storage, and
disposal facilities within its borders and for carrying out the aspects
of the RCRA program described in its revised program application,
subject to the limitations of HSWA. Delaware also has primary
enforcement responsibilities, although EPA retains the right to conduct
inspections under section 3007 of RCRA, and to take enforcement actions
under sections 3008, 3013 and 7003 of RCRA.
C. What Is the Effect of Today's Authorization Decision?
The effect of this decision is that a facility in Delaware subject
to RCRA will now have to comply with the authorized State requirements
instead of the analogous federal requirements in order to comply with
RCRA. Delaware 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
includes, in part, authority to:
Perform inspections, and require monitoring, tests,
analyses and reports;
Enforce RCRA requirements and suspend or revoke permits;
Take enforcement actions regardless of whether the State
has taken its own actions.
This action does not impose additional requirements on the
regulated community because the regulations for which Delaware is being
authorized by today's action are already effective, and are not changed
by today's action.
D. Why Wasn't There a Proposed Rule Before Today's Rule?
EPA is authorizing the State's changes through this immediate final
action and is publishing this rule without a prior proposal to
authorize the changes because EPA believes it is not controversial and
expects no comments that oppose this action. EPA is providing an
opportunity for public comment now. In the proposed rules section of
today's Federal Register EPA is publishing a separate document that
proposes to authorize the State changes. If EPA receives comments which
oppose this authorization or portion(s) thereof, that document will
serve as a proposal to authorize such changes.
E. What Happens if EPA Receives Comments That Oppose This Action?
If EPA receives comments that oppose this authorization decision or
portion(s) thereof, we will withdraw this authorization decision, or
those portion(s) for which EPA received comments opposing its decision,
by publishing a document in the Federal Register. We will address all
public comments in a subsequent final action based on the proposed
rule.
If EPA receives 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 September 11, 2000. The Federal Register withdrawal
document will specify which part of the authorization will become
effective, and which part is being withdrawn.
You should send written comments to Lillie Ellerbe, Mailcode 3WC21,
RCRA State Programs Branch, U.S. EPA Region III, 1650 Arch Street,
Philadelphia, PA 19103, Phone number: (215) 814-5454. We must receive
your comments by August 11, 2000. You may not have an opportunity to
comment again. If you want to comment on this action you must do so at
this time.
F. What Has Delaware Previously Been Authorized for?
Delaware received final authorization effective June 22, 1984 (53
FR 23837, June 8, 1984) to implement its hazardous waste management
program in lieu of the Federal program. On January 31, 1986 (51 FR
3954), the authorized Delaware program was incorporated by reference
into the Code of Federal Regulations (CFR). On April 9, 1996, Delaware
submitted a program revision application for additional approval in
accordance with the requirements of 40 CFR 271.21(b)(3) (Procedures for
Revisions of State Programs). Delaware received final authorization for
this program revision application effective October 7, 1996 (as
published in 61 FR 41345, August 8, 1996). On June 15, 1998, Delaware
submitted a second program revision application for additional approval
in accordance with the requirements of 40 CFR 271.21(b)(3) (Procedures
for Revisions of State Programs). Delaware received final authorization
for this program revision application effective October 19, 1998 (as
published in 61 FR 44152, August 18, 1998). On February 7, 2000,
Delaware submitted a third
[[Page 42873]]
program revision application for additional approval in accordance with
the requirements of 40 CFR 271.21(b)(3) (Procedures for Revisions of
State Programs).
EPA reviewed Delaware's application, and now makes an immediate
final decision, subject to receipt of adverse written comments, that
Delaware's hazardous waste program revision satisfies all of the
requirements necessary to qualify for Final authorization.
Consequently, EPA intends to grant Delaware Final authorization for the
program modifications contained in the program revision application.
G. What Revisions Are We Authorizing With Today's Action?
Delaware's program revision application includes State regulatory
changes that are analogous to various amendments to 40 CFR parts 124,
260 through 266, and 270, that were published in the Federal Register
through January 21, 1999.
Delaware is today seeking authority to administer the Federal
requirements that are listed in the chart below. This chart also lists
the State analogs that are being recognized as equivalent to the
appropriate Federal requirements. Unless otherwise indicated, the
listed Delaware regulatory references are to the Delaware Regulations
Governing Hazardous Waste (DRGHW), as amended and effective January 1,
1999. The statutory references are to 7 Delaware Code Annotated (1991).
In DRGHW 262, Delaware has adopted analogues to amendments to 40 CFR
part 262, subparts E and H, but is not being authorized for these
provisions in today's action because they are not subject to
authorization. Delaware has adopted revisions analogous to Federal
revisions to 40 CFR 268.44(a), but is not being authorized for these
provisions in today's action because they are not subject to
authorization. In addition, Delaware adopted revisions analogous to
Federal revisions to 40 CFR 268.44(h)-(m), but is not seeking
authorization for these provisions and continues to leave this
authority with EPA for granting variances from a treatment standard.
Delaware is seeking authority for the Federal Corrective Action
Program under HSWA as addressed in Revision Checklists 17L, 44A, B, and
C and 121; additional Land Disposal Restrictions (LDR) revisions
through September 1998 and the post closure permit requirement and
closure process regulations (alternative to post-closure rule).
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Federal requirement Analogous Delaware authority
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HSWA Cluster I
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Surface Impoundments; Non-Checklist SR1 7 Delaware Code (7 Del. Code)
Chapter 63, Secs. 6304, 6305
and 6307; Delaware Regulations
Governing Hazardous Waste
(DRGHW) 264.221(j) and
265.221(i).
Double Liners, 50 FR 28702, 07/15/85; 7 Del. Code, Secs. 6304, 6305,
Revision Checklist 17H. and 6307; DRGHW 264.221(a),
264.221(c)-(e), 264.301(a),
264.301(c)-(e), 265.221(a)-
(e), 265.254, 265.301(a)-(e).
Corrective Action, 50 FR 28702, 07/15/ 7 Del. Code, Secs. 6304, 6305
85; Revision Checklist 17L. and 6307; DRGHW 264.90(a),
264.101(a)-(b),
122.60(c)(3)(vii).
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HSWA Cluster II
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Exception Reporting for Small Quantity 7 Del. Code, Secs. 6305(a) and
Generators of Hazardous Waste, 52 FR 6306(c); DRGHW 262.42(a)(2),
35894-35899, 09/23/87; Revision 262.42(b) more stringent,
Checklist 42. 262.44.
Permit Application Requirements 7 Del. Code, Sec. 6305(a);
Regarding Corrective Action, 52 FR DRGHW 122.14(c)-122.14(d)(3).
45788-45799, 12/01/87; Revision
Checklist 44A.
Corrective Action Beyond the Facility 7 Del. Code, Sec. 6305(a);
Boundary, 52 FR 45788-45799, 12/01/87; DRGHW 264.100(e)-(e)(2),
Revision Checklist 44B. 264.101(c).
Corrective Action For Injection Wells, [No regulatory analogue because
52 FR 45788-45799, 12/01/87; Revision Delaware Regulations Governing
Checklist 44C. Underground Injection Control
(DRGUIC) 122.23(b)-(c)
prohibit the underground
injection of hazardous waste.]
Permit Modification, 52 FR 45788-45799, 7 Del. Code, Sec. 6304 and
12/01/87; Revision Checklist 44D--with 6305; DRGHW 122.41(a)(3)
revisions as noted in Checklist 54. [Revised as noted in Checklist
54].
Permit as a Shield Provision, 52 FR 7 Del. Code, Sec. 6304; DRGHW
45788-45799, 12/01/87; Revision 122.4(a) [Revised as noted in
Checklist 44E--with revisions as noted Checklist 100].
in Checklist 100.
Permit Conditions to Protect Human 7 Del. Code, Sec. 6304; DRGHW
Health and the Environment, 52 FR 122.10(k).
45788-45799, 12/01/87; Revision
Checklist 44F.
Post-Closure Permits, 52 FR 45788- 7 Del. Code, Sec. 6304; DRGHW
45799, 12/01/87; Revision Checklist 122.1(c) [Revised as noted in
44G--with revisions as noted in Checklist 174], 122.1(c)(5)-
Checklist 174. 122.1(c)(6)(iii).
HSWA Codification Rule, Double Liners; 7 Del. Code, Secs. 6304, 6305
Correction, 55 FR 19262-19264, 05/09/ and 6307; DRGHW 264.221(c) and
90; Revision Checklist 77--with 264.301(c) [Revised as noted
revisions as noted in Checklist 100. in Checklist 100].
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RCRA Cluster II
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Liners and Leak Detection Systems for 7 Del. Code, Secs. 6304, 6305
Hazardous Waste Land Disposal Units, and 6307; DRGHW 260.10,
57 FR 3462-3497, 09/29/92; Revision 264.15(b)(4), 264.19,
Checklist 100. 264.73(b)(6), 264.221(c)-
264.221(d)(2), 264.221(f)-(i),
264.222, 264.223,
264.226(d)(1)-(3),
264.228(b)(2)-(4), 264.251(c)-
(k), 264.252, 264.253,
264.254(c), 264.301(c)-
264.301(d)(2), 264.301(f)-(l),
264.302, 264.303(c)(1)-(c)(3),
264.304, 264.304(d)
264.310(b)(3)-(6),
265.15(b)(4), 265.19,
265.73(b)(6), 265.221(a),
265.221(c), 265.221(f)-(g),
265.222, 265.223, 265.226(b),
265.228(b)(2)-(4), 265.254,
265.255, 265.259, 265.260,
265.301(a), 265.301(c),
265.301(f)-(i), 265.302,
265.303, 265.304c,
265.310(b)(2)-(5), 122.4(a),
122.17(b), 122.17(b)(2)-(7),
122.18(c)-(d), 122.21(b),
122.21(d), 122.42/Appendix 1.
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[[Page 42874]]
RCRA Cluster III
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Corrective Action Management Units and 7 Del. Code, Secs. 6305(a),
Temporary Units, 58 FR 8658-8685, 02/ 6307 and 6310; DRGHW 260.10,
16/93, Revision Checklist 121. 264.3, 264.101(b), 264.552,
264.553, 265.1(b), 268.2(c),
122.2, 122.42 Appendix I.
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RCRA Cluster IV
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Testing and Monitoring Activities, 58 7 Del. Code, Secs. 6304, 6305,
FR 46040-46051, 08/31/93; Revision 6305 and 6307; DRGHW 260.11(a)
Checklist 126--with revisions as noted [Revised as noted in Checklist
in Checklists 137 and 141. 141], 260.22(d)(1)(i),
261.22(a)(1)-(2), 261.24(a),
Part 261, Appendices II, III
and X, 264.190(a), 264.314(c),
265.190(a), 265.314(d),
268.7(a) [Revised as noted in
Checklist 137], 268.40(a)
[Revised as noted in Checklist
137], 268.41(a) [Revised as
noted in Checklist 137], Part
268, Appendices I and IX,
122.6(a), 122.19(c)(1)(iii)-
(iv), 122.62(b)(2)(i)(C)-(D),
122.66(c)(2)(i)-(ii).
Boilers and Industrial Furnaces; 7 Del. Code, Secs. 6304, 6305,
Administrative Stay and Interim 6306 and 6307; DRGHW
Standards for Bevill Residues, 58 FR 266.112(b)(2)(i), Part 266,
59598-59603, 11/09/93, Revision Appendix VII, notes.
Checklist 127.
Wastes From the Use of Chlorophenolic 7 Del. Code, Sec. 6305(a);
Formulations in Wood Surface DRGHW 260.11(a) [Revised as
Protection, 59 FR 458-469, 01/04/94; noted in Checklist 141], Part
Revision Checklist 128--with revisions 261, Appendix VIII.
as noted in Checklist 141.
Recordkeeping Instructions; Technical 7 Del. Code, Secs. 6305 and
Amendment, 59 FR 13891-13893, 03/24/ 6307; DRGHW, Part 264,
94; Revision Checklist 131. Appendix I/Tables 1 and 2,
Part 265, Appendix I/Tables 1
and 2.
Wood Surface Protection; Correction, 59 7 Del. Code, Sec. 6305(a);
FR 28484, 06/02/94; Revision Checklist DRGHW 260.11(a) [Revised as
132--with revisions as noted in noted in Checklist 141].
Checklist 141.
Letter of Credit Revision, 59 FR 29958- 7 Del. Code, Secs. 6305, 6306
29960, 06/10/94; Revision Checklist and 6307; DRGHW 264.151(d),
133. 264.151(k).
Correction of Beryllium Powder (P015) 7 Del. Code, Sec. 6305(a)(1);
Listing, 59 FR 31551-31552, 06/20/94; DRGHW 261.33(e), Part 261,
Revision Checklist 134--with revisions Appendix VIII, 268.42(a)/
as noted in Checklist 137. Table 2 [Revised as noted in
Checklist 137].
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RCRA Cluster V
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Recovered Oil Exclusion, 59 FR 38536- 7 Del. Code, Sec. 6305(a)(1);
38545, 07/28/94; Revision Checklist DRGHW 261.3(c)(2)(ii)(B),
135. 261.4(a)(12), 261.6(a)(3)(iv)-
(vi), 266.100(b)(3).
Removal of the Conditional Exemption 7 Del. Code, Sec. 6307; DRGHW
for Certain Slag Residues, 59 FR 43496- 266.20(c), 268.41(a)/ Table
43500 as Amended 08/24/948; Revision CCWE [Revised as noted in
Checklist 136--with revisions as noted Checklist 137].
in Checklist 137.
Testing and Monitoring Activities 7 Del. Code, Sec. 6305(a);
Amendment 1, 60 FR 3089-3095, 01/13/ DRGHW 260.11(a) [Revised as
95; Revision Checklist 139--with noted in Checklist 141].
revisions as noted in Checklist 141.
Carbamate Production Identification and 7 Del. Code, Sec. 6305&(a)(1);
Listing of Hazardous Waste, 60 FR 7824- DRGHW 261.3(a)(2)(iv)(E)-(G),
7859, 02/09/95 as Amended at 60 FR 261.3(c)(2)(ii)(D), 261.32,
19165, 04/17/95 and at 60 FR 25619, 05/ 261.33(e)-(f), Part 261,
12/95; Revision Checklist 140. Appendices VII-VIII.
Testing and Monitoring Activities 7 Del. Code, Sec. 6305(a);
Amendment II, 60 FR 17001-17004, 04/04/ DRGHW 260.11(a).
95; Revision Checklist 141.
Universal Waste: General Provisions, 60 7 Del. Code, Secs. 6304, 6305,
FR 25492-25551, 05/11/95; Revision 6306, 6307, and 6312; DRGHW
Checklist 142A. 260.10 intro, 260.10,
261.5(c), 261.5(f)(3)-
261.5(g)(3), 261.9 intro,
262.10(b)-(g), 262.11(d),
264.1(g)(11)intro,
265.1(c)(14) intro, 268.1(f)
intro, 122.1(c)(2)(viii)
intro, 273.1, 273.5, 273.6,
273.10, 273.11, 273.12, 273.14
intro, 273.15, 273.16, 273.17,
273.18, 273.19, 273.20,
273.30, 273.31, 273.32(a)(1)-
(2), 272.32(b), 273.34 intro,
273.35, 273.36, 273.37,
273.38, 273.39, 273.40,
273.50, 273.51, 273.52,
273.53, 273.54, 273.55,
273.56, 273.60, 273.61,
273.62, 273.70 intro-
273.70(c).
Universal Waste Rule: Specific 7 Del. Code, Secs. 6304, 6305,
Provisions for Batteries, 60 FR 25492- 6306, and 6307; DRGHW 260.10,
25551, 05/11/95; Revision Checklist 261.6(a)(3)(ii)-(vi),
142 B. 261.9(a), 264.1(g)(11)(I),
265.1(c)(14)(I), 266.80(a)-(b)
intro, 268.1(f)(1),
122.1(a)(2)(viii)(A),
273.1(a)(1), 273.2, 273.6,
273.13, 273.14(a), 273.33(a),
273.34(a).
Universal Waste Rule: Specific 7 Del. Code, Secs. 6304, 6305,
Provisions for Pesticides, 60 FR 25492- 6306, and 6307; DRGHW 260.10,
25551, 05/11/95; Revision Checklist 261.9(b), 264.1(g)(11)(ii),
142 C. 265.1(c)(14)(ii), 268.1(f)(2),
122.1(c)(2)(viii)(B),
273.1(a)(2), 273.3, 273.6,
273.13(b), 273.14(b)-(c)(2),
273.32(a)(1), 273.32(a)(3),
273.33(b), 273.34(b)-(c)(2).
Universal Waste Rule: Specific 7 Del. Code, Secs. 6304, 6305,
Provisions for Thermostats, 60 FR 6306 and 6307; DRGHW 260.10,
25492-25551, 05/11/95; Revision 261.9(c), 264.1(g)(11)(iii),
Checklist 142 D. 265.1(c)(14)(iii),
268.l(f)(3),
122.1(c)(2)(viii)(C),
273.1(a)(3), 273.4, 273.6,
273.13(c), 273.14(d),
273.33(c), 273.34(d).
Universal Waste Rule: Petition 7 Del. Code, Secs. 6304, 6305,
Provisions to Add A new Universal 6306, and 6307; DRGHW
Waste, 60 FR 25492-25551, 05/11/95; 260.20(a), 260.23, 273.80,
Revision Checklist 142 E. 273.81.
Removal of Legally Obsolete Rules, 60 7 Del. Code, Secs. 6304, 6305,
FR 33912-33915, 06/29/95; Revision 6306, and 6307; DRGHW
Checklist 144. 261.31(a), 266.103(c)(5),
266.104(f)-(h), 122.2,
122.10(e)(4), 122.10(f)(2),
122.10(g)(1), 122.10(g)(1)(i)
more stringent,
122.10(g)(1)(ii)-(iii).
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[[Page 42875]]
RCRA Cluster VI
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Liquids in Landfills III, 60 FR 35703- 7 Del Code, 6305, DRGHW
35706, 07/11/95; Revision Checklist 264.314(e)(2)(ii)-(iii),
145. 265.314(f)(2)(ii)-(iii).
RCRA Expanded Public Participation, 60 7 Del. Code, Secs. 6304, 6305,
FR 63417-63434, 12/11/95; Revision and 6307; DRGHW 124.31,
Checklist 148. 124.32, 124.33, 122.2,
``Facility mailing list,
122.14(b)(22), 122.30(m),
122.61(b)(5), 122.62(b)(6)-
(7), 122.62(b)(8)-(11),
122.62(d), 122.66(d)(3)-(6),
122.66(g).
Amendments to the Definition of Solid 7 Del. Code, Sec. 6305; DRGHW
Waste; Amendment II, 61 FR 13103- 261.4(a)(12).
13106, 03/26/96; Revision Checklist
150.
Land Disposal Restrictions Phase III-- 7 Del. Code, Secs. 6304 and
Decharacterized Wastewaters, Carbamate 6305; DRGHW 268.1(c)(3)-(4),
Wastes, and Spent Potliners, 61 FR 268.1(e)(3)-(4) [Revised as
15566-15660, 04/08/96, Revision noted in Checklist 157],
Checklist 151 as amended 04/08/96 at 268.1(e)(5), 268.2(f);
61 FR 15660-15668, 04/30/96, 61 FR 268.2(i) [Revised as noted in
19117, 06/28/96, 61 FR 33680-33690, 07/ Checklist 167A]; 268.2(j);
10/96, 61 FR 36419-36421, 08/26/96, 61 268.2(k) Revised as noted in
FR 43924-43931, 02/19/97, 62 FR 7502- Checklist 167B]; 268.3(a)-
7600--with revisions as noted in (c)(6), 268.7(a) [Revised as
Checklists 157, 159, 162, 167A, 167B, noted in Checklist 157];
171, and 173. 268.7(a)(1)(ii) [Removed as
noted in Checklist 157],
268.7(a)(1)(iv)-(vi) [Removed
as noted in Checklist 157],
268.7(a)(2)(i)(B) [Revised as
noted in Checklist 157],
268.7(a)(3)(ii) [Revised as
noted in Checklist 167B],
268.7(b)(4)(ii),
268.7(b)(5)(iv)-(v), 268.8
(Reserve), 268.9(a) [Revised
as noted in Checklist 157],
268.9(d), 268.9(d)(1)(i)-(ii)
[Revised as noted in Checklist
157], 268.39(a) [Revised as
noted in Checklist 159],
268.39(b), 268.39(c) [Revised
as noted in Checklist 173],
268.39(d) [Revised as noted in
Checklist 159], 268.39(e)-(g),
268.40(e) [Revised as noted in
Checklist 167], 268.40(g)
[Revised as noted in Checklist
171], 268.40/Table [Revised as
noted in Checklist 173],
268.42 Table 1, 268.44(a)
[Revised as noted in Checklist
162], 268.48(a)/Table UTS
[Revised as noted in Checklist
171], Part 268, Appendix XI.
Imports and Exports of Hazardous Waste: 7 Del. Code, Secs. 6305 and
Implementation of OECD Council 6306; DRGHW 261.6(a)(5),
Division, 61 FR 16290-16316, 04/12/96; 262.10(d)-(h), 262.53(b),
Revision Checklist 152. 262.56(b), 262.58, 262.80,
262.81, 262.82, 262.83,
262.84, 262.85, 262.86,
262.87, 262.88 (Reserved),
262.89, 263.10(d), 263.20(a),
264.12(a)(1)-(2), 264.71(d),
265.12(a)(1)-(2), 265.71(d),
266.70(b)(2)-(3), 273.20,
273.40, 273.56, 273.70 intro,
273.70(d).
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RCRA Cluster VII
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Consolidated Organic Air Emission 7 Del. Code, Sec. 6305; DRGHW
Standards for Tanks, Surface 260, 261, 262, 264, 265, 122
Impoundments, and Containers, 59 FR revisions were adopted to
62896-62953, 12/06/94 as amended by 60 substantively and numerically
FR 26828-26829, 05/19/95, 60 FR 50426- coincide identically with the
50430, 09/29/95, 60 FR 56952-56954, 11/ Federal revisions described in
13/95, 61 FR 4903-4916, 02/09/96, 61 Revision Checklist 154
FR 28508-28510, 06/05/96, 61 FR 59932- [Revised as noted in
59997, 11/25/96; Revision Checklist Checklists 163 and 177].
154--with revisions as noted in
Checklists 163 and 177.
Land Disposal Restrictions Phase III-- 7 Del. Code, Secs. 6304, 6305,
Emergency Extension of the K088 and 6307; DRGHW 268.39(c)
Capacity Variance, 62 FR 1992-1997, 01/ [Revised as noted in Checklist
14/97; Revision Checklist 155--with 160].
revisions as noted in Checklist 160.
Military Munitions Rule: Hazardous 7 Del. Code, Secs. 6304, 6305,
Waste Identification and Management; 6305(a), 6306, 6306(c) 6307,
Explosives Emergencies; Manifest and 6310; DRGHW 260.10,
Exemption for Transport of Hazardous 261.2(a)(2)(iii)-(iv),
Waste on Right-of-Ways on Contiguous 262.10(i), 262.20(f) more
Properties, 62 FR 6622-6657, 02/12/97; stringent, 263.10(e)-(f),
Revision Checklist 156. 264.1(g)(8)(i)(D),
264.1(g)(8)(iv), 264.1(i),
264.70, 264.1200, 264.1201,
264.1202, 265.1(c)(11)(i)(D),
265.1(c)(11)(iv), 265.1(f),
265.70, 265.1200, 265.1201,
265.1202, 266.200, 266.201,
266.202, 266.203(a)-
(a)1)(iii), 266.203(a)(2)-(c),
266.204, 266.205, 266.206,
122.1(c)(3)(i)(D), 122.1(c)(3)
(iii), 122.42(h)-(i).
Land Disposal Restrictions Phase IV-- 7 Del. Code, Sec. 6304, 6305,
Treatment Standards for Wood and 6307; DRGHW 261.1(c)(9)-
Preserving Wastes, Paperwork Reduction (12), 261.2(c) table 1,
and Streamlining, Exemptions from RCRA 261.4(a)(13)-(14),
for Certain Processed Materials; and 261.6(a)(3)(ii), 268.1(e)
Miscellaneous Hazardous Waste intro-(e)(4), 268.4(a)(2)(iv),
Provisions, 62 FR 25998-26040, 05/12/ 268.4(a)(4), 268.7(a) intro;
97; Revision Checklist 157--with 268.7(a)(1) [Revised as noted
revisions as noted in Checklists 167B in Checklist 167B],
and 167C. 268.7(a)(2) [Revised as noted
in Checklist 167B],
268.7(a)(3) [Revised as noted
in Checklist 167B],
268.7(a)(3)(i),
268.7(a)(3)(ii) [Revised as
noted in Checklist 167B],
268.7(a)(4) [Revised as noted
in Checklist 167B],
268.7(a)(4)/table [Revised as
noted in Checklist 167B],
268.7(a)(5) [Revised as noted
in Checklist 167B],
268.7(a)(5)(i)-(iii),
268.7(a)(6) [Revised as noted
in Checklist 167B],
268.7(a)(7) [Revised as noted
in Checklist 167C],
268.7(a)(8)-(b), 268.7(b)(1)-
(2) [Revised as noted in
Checklist 167B], 268.7(b)(3)
intro, 268.7(b)(3)(i)-(ii),
268.7(b)(3)(ii)/table [Revised
as noted in Checklist 167C],
268.7(b)(4)-(b)(4)(iii),
268.7(c)(1)-(2), 268.9(a),
268.9(d)(1)(ii), 268.30;
268.32-268.36 (Reserved),
268.40/Table of Treatment
Standards [Revised as noted in
Checklist 167C], 268.42/Table
1, 268.44(o), 268.44(o)/Table
1, 268 Appendices I, II, III,
and X (Reserved), 268 Appendix
VI, 268 Appendices VII and
VIII [Revised as noted in
Checklist 167C].
[[Page 42876]]
Testing and Monitoring Activities 7 Del. Code, Secs. 6304, 6305,
Amendment III, 62 FR 32452--32463, 06/ 6306, 6307, and 6310; DRGHW
13/97, Revision Checklist 158. 260.11(a) intro-(a)(15),
264.1034(d)(1)(iii),
264.1034(f), 264.1063(d)(2),
264 Appendix IX, footnote 5,
265.1034(d)(1)(iii),
265.1034(f), 265.1063(d)(2),
266.104(e)(1), 266.106(g)(1)-
(2), 266.107(f), Part 266
Appendix IX, Section 3.0,
Note.
Conformance With the Carbamate Vacatur, 7 Del. Code, Secs. 6302, 6304,
62 FR 1992-1997, 05/29/97; Revision 6305 and 6307; DRGHW 261.32/
Checklist 159--with revisions as noted table, 261.33, 261 Appendix
in Checklist 167C. VII, 261 Appendix VIII,
268.39(a), 268.39(d), 268.40
table, [Revised as noted in
Checklist 167C].
Land Disposal Restrictions Phase III-- 7 Del. Code, Secs. 6304, 6305
Emergency Extension of the K088 and 6307; DRGHW 268.39(c)
National Capacity Variance, Amendment, [Revised as noted in Checklist
62 FR 37694--37699, 07/14/97; Revision 173].
Checklist 160--with revisions as noted
in Checklist 173.
Emergency Revision of the Carbamate 7 Del. Code, Secs. 6304, 6305
Land Disposal Restrictions, 62 FR and 6307; DRGHW 268.40(g)
45568, 08/28/97; Revision Checklist [Revised as noted in Checklist
161--with revisions as noted in 171], 268.48(a)/Table [Revised
Checklist 171. as noted in Checklist 171].
Clarification of Standards for 7 Del. Code, Secs. 6304 and
Hazardous Waste LDR Treatment 6305; DRGHW 268.44(a),
Variances, 62 FR 64504--64509, 12/05/ 268.44(h)-(h)(2)(i),
97; Revision Checklist 162--with 268.44(h)(3) [Revised as noted
revisions as noted in Checklist 167B. in Checklist 167B], 268.44(m).
Organic Air Emission Standards for 7 Del. Code, Sec. 6305; DRGHW
Tanks, Surface Impoundments, and 264 and 265 revisions were
Containers; Clarification and adopted to substantively and
Technical Amendment, 62 FR 64636- numerically coincide
64671, 12/8/97; Revision Checklist identically with the Federal
163--with revisions as noted in revisions described in
Checklist 177. Revision Checklist 163
[revised as noted in Checklist
177].
Recycled Used Oil Management Standards; 7 Del. Code, Secs. 6304-6307,
Technical Correction and and 6310; DRGHW 261.5(j),
Clarification, 63 FR 24963-24969, 5/6/ 261.6(a)(3)(iv)(A)-(C),
98, as amended 7/14/98, at 63 FR 37780- 279.10(I), 279.22(d),
37782; Revision Checklist 166. 279.45(h), 279.54(g),
279.64(g), 279.74(b).
Land Disposal Restrictions Phase IV-- 7 Del. Code, Secs. 6304 and
Treatment Standards for Metal Wastes 6305; DRGHW 268.2(i),
and Mineral Processing Wastes, 63 FR 268.3(d), 268.34(a), 268.34(b)-
28556-28753, 5/26/98; Revision (e) [Revised as noted in
Checklist 167A--with revisions as Checklist 172], 268.40(e),
noted in Checklist 172. 268.40(h), 268.40/Table,
268.48(a)/Table UTS.
Land Disposal Restrictions Phase IV-- 7 Del. Code, Secs. 6304 and
Hazardous Soils Treatment Standards 6305; DRGHW 268.2(k),
and Exclusions, 63 FR 28556-28753, 5/ 268.7(a)(1)-(a)(3) intro,
26/98; Revision Checklist 167B. 268.7(a)(3)(ii), 268.7(a)(4)-
(6), 268.7(b)(1)-(4) intro,
268.7(e), 268.44(h)(3) intro-
(5), 268.49.
Land Disposal Restrictions Phase IV-- 7 Del. Code, Secs. 6304 and
Corrections 63 FR 28556-28753, 5/26/ 6305; DRGHW 268.4(a)(2)(ii)-
98, as amended at 63 FR 31266, 6/8/98; (iii), 268.7(a)(7),
Revision Checklist 167C. 268.7(b)(3)(ii)/Table,
268.7(b)(4)(iv)-(b)(6),
268.40(e), 268.40/Table,
268.42(a), 268.45(a) intro,
268.45(d)(3)-(4), 268.48/
Table, Appendix VII, Tables 1
and 2, Appendix VIII, Part
268.
Mineral Processing Secondary Materials 7 Del. Code, Sec. 6305; DRGHW
Exclusion, 63 FR 28556-28753, 5/26/98; 261.2(c)(3), 261.2(c)(4)/
Revision Checklist 167D. Table, 261.2(e)(1)(iii),
261.4(a)(16) intro-(vi).
Bevill Exclusion Revisions and 7 Del. Code, Sec. 6305; DRGHW
Clarifications, 63 FR 28556-28753, 5/ 261.3(a)(2)(i),
26/98; Revision Checklist 167E. 261.3(a)(2)(iii), 261.4(b)(7).
Exclusion of Recycled Wood Preserving 7 Del. Code, Sec. 6305; DRGHW
Wastewaters, 63 FR 28556-28753, 5/26/ 261.4(a)(9)(iii).
98; Revision Checklist 167F.
Hazardous Waste Combustors; Revised
Standards, 63 FR 33782-33829, 06/19/
98; Revision..
Checklist 168.......................... 7 Del. Code, Sec. 6305; DRGHW
261.4(a)(17), 261.38,
122.42(j) intro, 122.42(j),
122.42 Appendix I,
122.72(b)(8).
------------------------------------------------------------------------
RCRA Cluster IX
------------------------------------------------------------------------
Petroleum Refining Process Wastes, 63 7 Del. Code, Secs. 6304,
FR 42110-42189, 08/06/98; Revision 6305(a), and 6305(a)(1); DRGHW
Checklist 169. 261.3(a)(2)(iv)(C),
261.3(c)(2)(ii)(B),
261.3(c)(2)(ii)(E),
261.4(a)(12)(i)-(ii),
261.4(a)(18)-(19),
261.6(a)(3)(iv)(C), 261.31(a),
261.32, 261 Appendix VII,
266.100(b)(3), 268.35, 268.40/
Table.
Emergency Revision of the Land Disposal 7 Del. Code, Secs. 6304 and
Restrictions (LDR) Treatment Standards 6305; DRGHW 268.40(g),
for Listed Hazardous Wastes from 268.40(i), 268.40/Table,
Carbamate Production, 63 FR 47410- 268.48(a)/Table.
47418, 09/04/98; Revision Checklist
171.
Land Disposal Restrictions Phase IV-- 7 Del. Code, Secs. 6304 and
Extension of Compliance Date for 6305; DRGHW 268.34(b)-(f).
Characteristic Slags, 63 FR 48124-
48127, 09/09/98; Revision Checklist
172.
Land Disposal Restrictions; Treatment 7 Del. Code, Secs. 6304 and
Standards for Spent Potliners from 6305; DRGHW 268.39(c), 268.40/
Primary Aluminum Reduction (K088); Table.
Final Rule, 63 FR 51254-51267, 09/24/
98; Revision Checklist 173.
Post-Closure Permit Requirement and 7 Del. Code, Secs. 6304, 6305,
Closure Process, 63 FR 56710-56735, 10/ and 6307; DRGHW 264.90(e)-(f),
22/98; Revision Checklist 174. 264.110(c), 264.110(c)(1)-(2),
264.112(b)(8),
264.112(c)(2)(iv),
264.118(b)(4),
264.118(d)(2)(iv), 264.140(d),
265.90(f), 265.110(c)-(d),
265.112(b)(8),
265.112(c)(1)(iv),
265.118(c)(4)-(5),
265.118(d)(1)(iii), 265.121,
265.140(d), 122.1(c) intro,
122.1(c)(7), 122.14(a),
122.28.
[[Page 42877]]
Organic Air Emission Standards: 7 Del. Code, Sec. 6305; DRGHW
Clarification and Technical 262.34(a)(1)(i)-(ii),
Amendments, 64 FR 3382, 01/21/99; 264.1031, 264.1080(b)(5),
Revision Checklist 177. 264.1083(a)(1)(i)-(ii),
264.1083(b)(1)(i)-(ii),
264.1084(h)(3),
264.1086(e)(6),
265.1080(b)(5),
265.1084(a)(1)(i)-(ii),
265.1084(a)(3)(ii)(B),
265.1084(a)(3)(ii)(D),
265.1084(a)(3)(iii),
265.1084(b)(1)(i)-(ii),
265.1084(b)(3)(ii)(B),
265.1084(b)(3)(ii)(D),
265.1084(b)(3)(iii),
265.1085(h)(3),
265.1085(h)(3)(i)-(ii),
265.1087(e)(6).
------------------------------------------------------------------------
H. Where Are the Revised State Rules Different From the Federal
Rules?
The Delaware hazardous waste program contains several provisions
which are more stringent than is required by the RCRA program. The more
stringent provisions are being recognized as a part of the Federally-
authorized program and include the following:
1. At DRGHW 262.42(b), Delaware is more stringent because the State
requires a small quantity generator to file an exception report when
confirmation of the hazardous waste delivery to the designated facility
is not made within 45 days instead of 60 days of the date the waste was
accepted by the initial transporter. The generator must also notify the
State of the designated facility and the State to which the waste may
have been delivered. (Checklist 42)
2. At Delaware Regulations Governing Underground Injection Control
(DRGUIC) 122.23(b)-(c), Delaware is more stringent in that the State
prohibits the underground injection of hazardous waste. Therefore,
there are no hazardous waste corrective action requirements for
injection wells. (Checklist 44C)
3. At DRGHW 262.20(f), Delaware is more stringent because the State
restricts the exemption to manifest requirements only when the military
munitions are being transported during an emergency response.
(Checklist 156)
Furthermore, the State requires transporters of used oil to obtain
transporter permits. See DRGHW part 263, subpart E and Checklist 166.
Since this requirement goes beyond the scope of the Federal program, it
does not constitute part of the authorized program.
In addition, Delaware will be authorized to carry out, in lieu of
the Federal program, State-initiated changes to provisions of the
State's Program. The following State-initiated changes are equivalent
and analogous to the numerically identical RCRA provisions found at
Title 40 of the Code of Federal Regulations: DRGHW 260.1(a)(4) through
(a)(6), and (c); 261.6(a)(3)(v); 262.23(d); 264.18(b)(1) introductory
paragraph; 264.91(c) introductory paragraph; 264.145(c)(7);
264.221(e)(2)(I)(B); 265.145(e)(1)(I)(B) and (D), (ii)(B) and (D), and
paragraph (e)(2); 268.7(a)(8); and 268.44 Table. One other state-
initiated change being approved by this notice is DRGHW 122.1 which is
analogous to 40 CFR Section 270.1.
Unless EPA receives comments opposing this action by August 11,
2000 and publishes a Federal Register document withdrawing the
immediate final rule or portions thereof, this Final authorization
approval will become effective without further notice on September 11,
2000.
I. Who Handles Permits After This Authorization Takes Effect?
EPA shall administer any RCRA hazardous waste permits, or portions
of permits, that contain conditions based on the Federal provisions for
which the State is applying for authorization and which were issued by
EPA prior to the effective date of this authorization. EPA will suspend
issuance of any further permits under the provisions for which the
State is being authorized on the effective date of this authorization.
EPA will also transfer any pending permit applications and pertinent
file information to the State within thirty (30) days of the effective
date of this authorization.
Upon authorization of the State program for any additional portions
of HSWA, EPA will suspend issuance of Federal permits for hazardous
waste treatment, storage, and disposal facilities mandated by HSWA in
the State, in those areas for which the State is receiving
authorization. If EPA promulgates standards for additional processes or
regulations mandated by HSWA not covered by the State's authorized
program, EPA will process and enforce RCRA permits in the State in
those new areas until the State receives final authorization of
equivalent State standards.
EPA will be responsible for enforcing the terms and conditions of
the Federal portion of the permits until they expire or are terminated
in accordance with 40 CFR 124.5 and 271.8.
The State and EPA will coordinate implementation of those HSWA
provisions for which the State has not received authorization until
such time as it receives authorization from EPA to implement the
remaining HSWA provisions in lieu of EPA.
J. How Does Today's Action Affect Indian Country (18 U.S.C. 115) in
Delaware?
Delaware is not seeking authorization to operate the program on
Indian lands since there are no Federally-recognized Indian Lands in
the State.
K. What Is Codification and Is EPA Codifying Delaware'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. EPA uses 40 CFR part 272
for codification of the decision to authorize Delaware's program and
for incorporation by reference of those provisions of its statutes and
regulations that EPA will enforce under sections 3008, 3013 and 7003 of
RCRA. EPA is not codifying Delaware's hazardous waste program at this
time, but reserves amendment of 40 CFR part 272, subpart I, for such
future use.
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.
[[Page 42878]]
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 Delaware program, and today's action does not impose
any additional obligations on regulated entities. In fact, 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 apply to 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 (RFA), as Amended by
the Small Business Regulatory Enforcement Fairness Act of 1996
(SBREFA), 5 U.S.C. 601 et seq.
The RFA generally requires an agency to prepare a regulatory
flexibility analysis of any rule subject to notice and comment
rulemaking requirements under the Administrative Procedure Act or any
other statute unless the agency certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
Small entities include small businesses, small organizations, and small
governmental jurisdictions.
For purposes of assessing the impacts of today's action on small
entities, small entity is defined as: (1) A small business as specified
in the Small Business Administration regulations; (2) a small
governmental jurisdiction that is a government of a city, county, town,
school district or special district with a population of less than
50,000; and (3) a small organization that is any not-for-profit
enterprise which is independently owned and operated and is not
dominant in its field.
After considering the economic impacts of this authorization on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. This action
does not impose any new requirements on small entities because small
entities that are hazardous waste generators, transporters, or that own
and/or operate TSDFs are already subject to the regulatory requirements
under the State laws which EPA is now authorizing. This action merely
authorizes for the purpose of RCRA section 3006 those existing State
requirements.
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 13132 (Federalism)
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that 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.''
Under section 6 of Executive Order 13132, EPA may not issue a
regulation that has federalism implications, that imposes substantial
direct compliance costs, and that is not required by statute, unless
the Federal government provides the funds necessary to pay the direct
compliance costs incurred by State and local governments, or EPA
consults with State and local officials early in the process of
developing the proposed regulation. EPA also may not issue a regulation
that has federalism implications and that preempts State law unless the
Agency consults with State and local officials early in the process of
developing the proposed regulation.
This authorization does not have federalism implications. It will
not have a 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 13132, because this rule affects only
one State. This action simply approves Delaware's proposal to be
authorized for updated requirements of the hazardous waste program that
the State has voluntarily chosen to operate. Further, as a result of
this action, newly authorized provisions of the State's program now
apply in Delaware in lieu of the equivalent Federal program provisions
implemented by EPA under HSWA. Affected parties are subject only to
those authorized State program provisions, as opposed to being subject
to both Federal and State regulatory requirements. Thus the
requirements of section 6 of the Executive Order do not apply.
Compliance With Executive Order 13045
Executive Order 13045, ``Protection of Children from Environmental
Health Risks and Safety Risks,'' applies to any
[[Page 42879]]
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 concern an environmental health or safety risk
that may have a disproportionate effect on children.
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 the consulting option, 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 communities of Indian tribal
governments. Delaware is not authorized to implement the RCRA hazardous
waste program in Indian country, since there are no Federally-
recognized Indian lands in the State.
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 information requirements upon the regulated community.
National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law No. 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 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 such 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 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).
Dated: June 19, 2000.
Bradley M. Campbell,
Regional Administrator, EPA Region III.
[FR Doc. 00-17345 Filed 7-11-00; 8:45 am]
BILLING CODE 6560-50-P