[Federal Register Volume 66, Number 159 (Thursday, August 16, 2001)]
[Rules and Regulations]
[Pages 42962-42964]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-20046]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL--7029-1]


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 of a 
revision to its hazardous waste program under the Resource Conservation 
and Recovery Act (RCRA). EPA has determined that the revision satisfies 
all requirements needed to qualify for Final authorization, and is 
authorizing the State's revision through this immediate final action. 
EPA is publishing this rule to authorize the revision without a prior 
proposal because we believe this action is not controversial and do not 
expect comments that oppose it. Unless we receive written comments 
which oppose this authorization during the comment period, the decision 
to authorize Vermont's revision to its hazardous waste program will 
take effect as provided below. If we receive comments that oppose this 
action, we will publish a document in the Federal Register withdrawing 
this rule before it takes effect, and the separate document in the 
proposed rules section of this Federal Register will serve as the 
proposal to authorize the changes.
    The rulemaking for which Vermont is being authorized stems from the 
EPA Project XL initiative. Project XL, which stands for ``eXcellence 
and Leadership,'' is a national initiative that tests innovative ways 
of achieving better and more cost-effective public health and 
environmental protection. It encourages testing of cleaner, cheaper, 
and smarter ways to attain environmental results superior to those 
achieved under current regulations and policies, in conjunction with 
greater accountability to stakeholders.

DATES: This Final authorization will become effective on October 15, 
2001 unless EPA receives adverse written comments by September 17, 
2001. If EPA receives such comments, it will publish a timely 
withdrawal of this immediate final rule in the Federal Register and 
inform the public that this authorization will not take immediate 
effect.

ADDRESSES: Send written comments to Robin Biscaia, Hazardous Waste 
Unit, EPA New England, One Congress Street, Suite 1100 (CHW), Boston, 
MA 02114-2023; Phone number: (617) 918-1648. You can view and copy 
materials submitted by Vermont during normal business hours at the 
following locations: EPA New England Library, One Congress Street, 
Suite 1100 (LIB), Boston, MA 02114-2023; Phone number: (617) 918-1990; 
Business hours: 9:00 A.M. to 4:00 P.M.; or the Agency of Natural 
Resources, 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.

FOR FURTHER INFORMATION CONTACT: Robin Biscaia, EPA New England, One 
Congress Street, Suite 1100 (CHW), Boston, MA 02114-2023; Phone number: 
(617) 918-1642.

SUPPLEMENTARY INFORMATION:

A. Why Are Revisions to State Programs Necessary?

    States which have received final authorization from EPA under RCRA 
section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous waste 
program that is equivalent to, consistent with, and no less stringent 
than the Federal program. As the Federal program changes, States must 
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.
    On September 12, 2000 (65 FR 59955) EPA published a final rule for 
the Project XL Site-Specific Rulemaking for the IBM Semiconductor 
Manufacturing Facility in Essex Junction, Vermont. In this rule, EPA 
promulgated a site-specific exemption in 40 CFR 261.4(b) for the copper 
metallization process at the IBM Vermont facility from the F006 
hazardous waste listing description. This rule was promulgated pursuant 
to non-HSWA authority. Since Vermont has received authority to 
implement non-HSWA regulations that specifically identify hazardous 
wastes by listing them, the rule to modify the listing for F006 would 
not be effective until Vermont adopted the modification. Vermont 
adopted the rule on March 15, 2001 and applied for Final authorization 
on April 10, 2001.

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).

C. What Is the Effect of Today's Authorization Decision?

    The effect of this decision is that the IBM semiconductor 
manufacturing site, subject to RCRA, in Essex Junction, Vermont will 
now have to comply with the authorized State requirements in lieu of 
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 full authority 
under RCRA sections 3007, 3008, 3013, and 7003.
    This action does not impose additional requirements on the IBM 
Essex Junction facility because the regulation for which Vermont is 
being authorized by today's action is already effective under state 
law, and is not changed by today's action.

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 non-controversial program change and do not expect comments 
that oppose this approval. We are providing an opportunity for public 
comment now. In addition to this rule, in the proposed rules section of 
today's Federal Register we are publishing a separate document

[[Page 42963]]

that proposes to authorize the state program changes.

E. What Happens if EPA Receives Comments That Oppose This Action?

    If EPA receives comments that oppose this authorization, we will 
withdraw this rule by publishing a document in the Federal Register 
before the rule becomes effective. EPA will base any further decision 
on the authorization of the state program change on the proposal 
mentioned in the previous paragraph. We will then address all public 
comments in a later final rule. You may not have another opportunity to 
comment. If you want to comment on this authorization, you must do so 
at this time.
    If we receive comments that oppose only the authorization of a 
particular change to the State hazardous waste program, we will 
withdraw that part of this rule but the authorization of the program 
changes that the comments do not oppose will become effective on the 
date specified above. The Federal Register withdrawal document will 
specify which part of the authorization will become effective, and 
which part is being withdrawn.

F. What Has Vermont Previously been Authorized for?

    Vermont initially received Final authorization on January 7, 1985, 
effective January 21, 1985 (50 FR 775) to implement the RCRA hazardous 
waste management program. The Region published an immediate final rule 
for certain revisions to Vermont's program on May 3, 1993 (58 FR 26242) 
and reopened the comment period for these revisions on June 7, 1993 (58 
FR 31911). The authorization became effective August 6, 1993 (58 FR 
31911). The Region granted authorization for further revisions to 
Vermont's program on September 24, 1999 (64 FR 51702), effective 
November 23, 1999. On October 18, 1999 (64 FR 56174) the Region 
published a correction to the immediate final rule published on 
September 24, 1999, with the effective date of November 23, 1999. The 
Region granted authorization for further revisions to Vermont's program 
on October 26, 2000 (65 FR 65164), effective December 26, 2000.

G. What Changes Are We Authorizing With Today's Action?

    On April 10, 2001 in accordance with 40 CFR 271.21(h), Vermont 
submitted a final complete program revision application seeking 
authorization for its revision adopted March 15, 2001. 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 changes:

------------------------------------------------------------------------
                                                              Analogous
            Description of Federal requirement                  State
                                                              authority
-----------------------------------------------------------------\1\----
65 FR 59955, September 12, 2000: Project XL Site-specific      7-203(v)
 Rulemaking for the IBM Semiconductor Manufacturing
 Facility in Essex Junction, VT...........................
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\1\ Hazardous Waste Management Regulations, effective March 15, 2001.

H. Where Are the Revised State Rules Different from the Federal 
Rules?

    There are no differences between the Federal rule and the revised 
state rule.

I. Who Handles Permits After the Authorization Takes Effect?

    Vermont will issue permits for all the provisions for which it is 
authorized and will administer the permits it issues. EPA 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 
HSWA requirements for which Vermont is not yet authorized.

J. 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. 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 State program until a 
later date.

K. Administrative Requirements

    The Office of Management and Budget has exempted this action from 
the requirements of Executive Order 12866 (58 FR 51735, October 4, 
1993), and therefore this action is not subject to review by OMB.
    This action authorizes state requirements for the purpose of RCRA 
3006 and imposes no additional requirements beyond those imposed by 
state law. This rule will not have a significant impact on a 
substantial number of small entities because it only affects the IBM 
facility in Essex Junction, VT, and it is not a small entity. 
Accordingly, I certify that this action will not have a significant 
economic impact on a substantial number of small entities under the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this action 
is applicable only to one facility in Vermont, EPA has determined that 
this rule contains no regulatory requirements that might significantly 
or uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4). There are no communities 
of Indians tribal governments located in Vermont. Accordingly, the 
requirements of section 3(b) of Executive Order 13084 do not apply to 
this action. This action will not have substantial direct effects on 
the States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132 (64 
FR 43255, August 10, 1999), because it merely authorizes state 
requirements as part of the State RCRA hazardous waste program without 
altering the relationship or the distribution of power and 
responsibilities established by RCRA. This action also is not subject 
to Executive Order 13045 (62 FR 19885, April 23, 1997), because it is 
not economically significant and it does not make new decisions based 
on environmental health or safety risks.
    Under RCRA 3006(b), EPA grants a State's application for 
authorization as long as the State meets the criteria required by RCRA. 
It would thus be inconsistent with applicable law for EPA, when it 
reviews a State authorization application, to require the use of any 
particular voluntary consensus standard in place of another standard 
that otherwise satisfies the requirements of RCRA. Thus, the 
requirements of section 12(d) of the National Technology Transfer and 
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required 
by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996), 
in issuing this rule, EPA has taken the necessary steps to eliminate 
drafting errors and ambiguity, minimize potential litigation, and 
provide a clear legal standard for affected conduct. EPA has complied 
with Executive Order 12630 (53 FR 8859, March 15, 1988) by examining 
the takings implications of the rule in accordance with the Attorney 
General's Supplemental Guidelines for the Evaluation of Risk and 
Avoidance of Unanticipated Takings issued under the executive order. 
This rule does not

[[Page 42964]]

impose an information collection burden under the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this document and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication in the Federal Register. A major rule cannot take effect 
until 60 days after it is published in the Federal Register. This 
action is not a ``major rule'' as defined by 5 U.S.C. 804(2). This 
action, nevertheless, will be effective sixty (60) days after 
publication pursuant to the procedures governing immediate final rules.

List of Subjects in 40 CFR Part 271

    Environmental protection, Administrative practice and procedure, 
Confidential business information, Hazardous waste, Hazardous waste 
transportation, Intergovernmental relations, Penalties, Reporting and 
Recordkeeping requirements.

    Authority: This action is issued under the authority of sections 
2002(a), 3006 and 7004(b) of the Solid Waste Disposal Act as amended 
42 U.S.C. 6912(a), 6926, 6974(b).

    Dated: July 17, 2001.
Carl Dierker,
Acting Regional Administrator, EPA New England.
[FR Doc. 01-20046 Filed 8-15-01; 8:45 am]
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