[Federal Register Volume 67, Number 123 (Wednesday, June 26, 2002)]
[Rules and Regulations]
[Pages 43027-43031]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-16031]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-7237-2]
Wisconsin: Final Authorization of State Hazardous Waste
Management Program Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The EPA is granting Wisconsin final authorization of revisions
to their hazardous waste program under the Resource Conservation and
Recovery Act (RCRA). The Agency published a proposed rule on March 1,
2002 at 67 FR 9427 and provided for public comment. The public comment
period ended on April 1, 2002. We received two comments, addressed
below. The Agency had also published an immediate final rule on March
1, 2002, granting Wisconsin authorization for the revisions to their
RCRA Program, subject to public comment; but withdrew that immediate
final rule on April 22, 2002, so that it could respond to the comments
before the rule went into effect. EPA is authorizing the State's
changes through this final action. After reviewing the comments, we
hereby determine that Wisconsin's hazardous waste program revisions
satisfies all requirements necessary to qualify for final
authorization. No further opportunity for comment will be provided.
EFFECTIVE DATE: Final authorization for the revisions to Wisconsin's
hazardous waste management program shall be effective on June 26, 2002.
FOR FURTHER INFORMATION CONTACT: Ms. Jean Gromnicki, Wisconsin
Regulatory Specialist, U.S. Environmental Protection Agency, Waste,
Pesticides and Toxics Division (DM-7J), 77 West Jackson Boulevard,
Chicago, Illinois 60604, phone number: (312) 886-6162; or Ms. Patricia
Chabot, Wisconsin Department of Natural Resources, 101 North Webster,
Madison, Wisconsin, 53707, phone: (608) 264-6015.
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 Were the Comments and Responses to EPA's Proposal?
A commenter from the State of Washington submitted a comment
alleging that EPA: (1) Should have hosted a public hearing; and (2)
should have reviewed Wisconsin Chapter NR 538 on land application of
nonhazardous waste. Noting that RCRA covers both solid and hazardous
waste management, the commenter asks EPA to ``include a review of
Chapter NR 538 for consistency with Wisconsin's statutes prior to
approval of Wisconsin's application for final RCRA authorization.'' For
the reasons discussed below, this authorization action is not the
appropriate forum for these comments.
1. Public Hearing
EPA is authorizing Wisconsin for a revision to its program, and is
not required to hold a hearing for a revision. Wisconsin, which
received final authorization for its RCRA program on January 31, 1986,
is applying for a revision to its already authorized program to reflect
revisions that have been made to the Federal RCRA Subtitle C program.
The regulations governing review of program revisions at 40 CFR part
271 do not require a hearing for authorization of revisions. On March
4, 1986, EPA promulgated amendments to 40 CFR 271.21 that eliminated
public hearing requirements for revisions. In the preamble, the Agency
discussed this change:
As discussed in the proposal, the new procedures do not require
public
[[Page 43028]]
hearings to be held in conjunction with EPA's authorization decisions.
Since there is no legal requirement to provide for hearings on revision
decisions and little public interest has been shown to date in
attending hearings on initial authorization of State programs, we think
the opportunity to provide written comments is adequate. Only one
comment was received on the elimination of routine public hearings, and
that comment favored the rule change* * *.
51 FR 7540 at 7541 (March 4, 1986).
2. Wisconsin Administrative Code Chapter NR 538
The comment regarding Chapter NR 538 of the Wisconsin
Administrative Code is not relevant to this action because: (1) EPA is
not authorizing Chapter NR 538, which explicitly excludes hazardous
wastes from its application; (2) that Chapter does not affect the
hazardous waste regulations, and (3) EPA's review of this application
does not extend to that Chapter's consistency with Wisconsin law.
This action authorizes certain state hazardous waste regulations
under subchapter III of RCRA. The regulations EPA is authorizing in
this action do not include Chapter NR 538, which pertains to land
application of non-hazardous waste.
Chapter NR 538 does not affect the regulations EPA is authorizing
in this action. By its terms, that chapter does not apply to hazardous
wastes:
NR 538.02 Applicability. (1) Except as otherwise provided, this
chapter governs the beneficial use of industrial byproducts, except
hazardous waste and metallic mining waste. (Emphasis added)
While both solid waste and its subset hazardous waste are regulated
under the umbrella of the Resource Conservation and Recovery Act
(RCRA), that statute contains different subchapters for governing the
content, criteria and administration of hazardous waste programs and
solid waste plans. Subchapter III of RCRA governs hazardous waste
management. EPA's authority to ``authorize'' a state to administer and
enforce a ``hazardous waste program'' under subchapter III of RCRA (see
section 3006 of RCRA, 42 U.S.C. 6926) does not constitute ``approval''
of either a State solid waste plan (see section 4007(a) of RCRA, 42
U.S.C. 6947(a)) or a solid waste management facility permit program
(see section 4005(c) of RCRA, 42 U.S.C. 6945(c)) under subchapter IV of
RCRA. The criteria for authorization of a State hazardous waste program
are set forth at section 3006 of RCRA. In reviewing an application
under this section, EPA considers whether the State program (1) is
equivalent to the Federal program under subchapter III, which governs
hazardous waste; (2) is consistent with Federal or ``State programs
applicable in other States;'' and (3) provides adequate enforcement of
compliance with the requirements of subchapter III of RCRA. As part of
this review, EPA considers whether the State is imposing requirements
less stringent than those authorized under subchapter III respecting
the same matter as governed by such regulation. (See sections 3006 and
3009 of RCRA, 42 U.S.C. 6926 and 6929.) The commenter's request for EPA
to review Wis. Admin. Code Chapter NR 538, which explicitly does not
apply to hazardous waste, for consistency with Wisconsin's statutes
falls outside the scope of our review of Wisconsin's application for
the hazardous rules authorized herein.
For the reasons set forth above the comment on Wisconsin
Administrative Code Chapter NR 538 is not relevant to this action.
C. What Decisions Have We Made in This Rule?
We conclude that Wisconsin's application to revise its authorized
program meets all of the statutory and regulatory requirements
established by RCRA. Therefore, we are granting Wisconsin Final
authorization to operate its hazardous waste program with the changes
described in the authorization application. Wisconsin has
responsibility for permitting Treatment, Storage and Disposal
Facilities (TSDFs) within its borders (except in Indian Country) 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. Thus, EPA will
implement those requirements and prohibitions in Wisconsin, including
issuing permits, until the State is granted authorization to do so.
D. What Will Be the Effect of Today's Action?
The effect of this decision is that a facility in Wisconsin 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. Additionally, such persons must comply with any applicable
Federally-issued requirements, such as, for example, HSWA regulations
issued by EPA for which the State has not received authorization, and
RCRA requirements that are not supplanted by authorized state-issued
requirements. Wisconsin continues to have enforcement responsibilities
under its state hazardous waste program for violation of such program,
but EPA retains its authority under RCRA sections 3007, 3008, 3013, and
7003, which include among others, authority to:
A. Do inspections, and require monitoring, tests, analyses or
reports.
B. Enforce RCRA requirements and suspend or revoke permits.
C. 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 Wisconsin is
being authorized by today's action are already effective, and are not
changed by today's action.
E. What Has Wisconsin Previously Been Authorized For?
Wisconsin initially received Final Authorization on January 30,
1986, effective January 31, 1986 (51 FR 3783), to implement its base
hazardous waste management program. Wisconsin received authorizations
for revisions to its program on May 23, 1989, effective June 6, 1989
(54 FR 15029); on November 22, 1989, effective January 22, 1990 (54 FR
48243); on April 24, 1992, effective April 24, 1992 (57 FR 15029); on
June 2, 1993, effective August 2, 1993 (58 FR 31344); on August 4,
1994, effective October 4, 1994 (59 FR 39971); and on August 5, 1999,
effective October 4, 1999 (64 FR 42630).
F. What Changes Are We Authorizing With Today's Action?
On November 5, 2001, Wisconsin submitted a final complete program
revision application seeking authorization of their changes in
accordance with 40 CFR 271.21. We now make a final decision, that
Wisconsin's hazardous waste program revisions satisfies all of the
requirements necessary to qualify for Final authorization. Therefore we
grant Wisconsin Final authorization for the following program changes:
[[Page 43029]]
------------------------------------------------------------------------
Description of Federal
requirement (Checklist ) date and page authority
------------------------------------------------------------------------
Wastes From the Use of 59 FR 458-469 NR 600.10(2) 605
Chlorophenolic Formulations in January 4, 1994. (Appendix IV)
Wood Surface Protection Effective June 1,
(Checklist 128). 1998
Revision of Conditional 59 FR 8362-8366 NR 605.05(9)-(11)
Exemption for Small Scale February 18, 1994. Effective June 1,
Treatability Studies (Checklist 1998
129).
Recycled Used Oil Management 59 FR 10550-10560 NR 590.03(33m),
Standards; Technical Amendments March 4, 1994. 590.04(1),
and Corrections II (Checklist 590.10(3),
130). 590.11,
590.12(2),
590.36(1),
590.37(1)-(2),
590.50(3)
Effective June 1,
1998
Wood Surface Protection; 59 FR 28484 June NR 600.10(2)
Correction (Checklist 132). 2, 1994. Effective June 1,
1998
Letter of Credit Revision 59 FR 29958-29960 NR 685.07(5)
(Checklist 133). June 10, 1994. Effective June 1,
1998
Correction of Beryllium Powder 59 FR 31551-31552 NR 605.09 (Table
(PO15) Listing (Checklist 134). June 20, 1994. IV), 605 Appendix
IV, 675.20/Table
Effective June 1,
1998
Recovered Oil Exclusion 59 FR 38536-38545 NR 605.04(1),
(Checklist 135). July 28, 1994. 605.05(1)-(2),
625.07(2)
Effective June 1,
1998
Removal of the Conditional 59 FR 43496-43500 NR 625.05(1),
Exemption for Certain Slag August 24, 1994. 675.20 Effective
Residues (Checklist 136). June 1, 1998
Universal Treatment Standards 59 FR 47982-48110 NR 605(2),
and Treatment Standards for September 19, 630.04(16),
Organic Toxicity Characteristic 1994 as amended 625.05(1),
Wastes and Newly Listed Wastes at 60 FR 242-302 600.04,
(Checklist 137). January 3, 1995. 675.03(1m),
675.04(2),
675.03(1),
675.03(7p),
675.07(1)-(2),
675.09(1), (4)-
(5), 675.19(1),
675.20(1)-(7),
675.20/Table,
675.21, 675.22,
675.22(1), 675.22
Table1, 675.22(4)-
(5), 675.23,
675.25(2),
675.26, 675.28,
675 Appendix III,
675 Appendix VIII
Effective June 1,
1998
Testing and Monitoring 60 FR 3089-3095 NR 600.10(2)
Activities Amendment I January 13, 1995. Effective June
(Checklist 139). 1,1998
Carbamate Production 60 FR 7824-7859 NR 605.04(1),
Identification and Listing of February 9, 1995. 605.09 Table III,
Hazardous Waste (Checklist 140). 605.09 Table IV,
605.09 Table V,
605 Appendix III,
Appendix IV
Effective June 1,
1998
Testing and Monitoring 60 FR 17001-17004 NR 600.10(2)
Activities Amendment II April 4, 1995. Effective June 1,
(Checklist 141). 1998
Universal Waste: General 60 FR 25492-25551 NR 600.03, 600.03
Provisions (Checklist 142 A). May 11, 1995. (56m), 600.03
(249m),600.03(249
p), 600.03
(249z),
610.07(1m),
610.07(1),
690.01, 690.02,
690.04, 615.04,
615.05,
615.06(6),
630.04(17),
605.05(12),
675.04(3),
680.02, 690.04(1)-
(2), 690.08(1),
690.03(2),
690.03(4)-(6),
690.03(8),
690.03(10)-(13),
690.10, 690.11,
690.12(2),
690.14, 690.15(1)-
(3), 690.16,
690.17(1)-(2),
690.18(1)-(8),
690.19, 690.20,
690.30, 690.31,
690.32(1)-(2),
690.34, 690.35(1)-
(3), 690.36,
690.37(1)-(2),
690.38(1)-(8),
690.39(1)-(3),
690.40, 690.50,
690.51, 690.52(1)-
(2), 690.53(1)-
(2), 690.54(1)-
(2), 690.55(1)-
(2), 690.56,
690.60(1)-(2),
690.61(1)-(4),
690.62(1)-(2),
690.70 Effective
June 1, 1998
Universal Waste Rule: Specific 60 FR 25492-25551 NR 690.03(1),
Provisions for Batteries May 11, 1995. 690.03(10),
(Checklist 142 B). 690.02(1),
630.04(17),
625.02, 625.05,
625.12(1),
675.04(3),
690.04(1),
690.05(1)-(3),
690.03, 690.13,
690.14, 690.33,
690.34 Effective
June 1, 1998
Universal Waste Rule: Specific 60 FR 25492-25551 NR 690.03(7),
Provisions for Pesticides May 11, 1995. 690.03(10),
(Checklist 142 C). 605.05(12),
690.04(1),
630.04(17),
675.04(3),
680.02, 690.06(1)-
(4), 690.03(3),
690.03(7),
690.03(10),
690.13(2),
690.14(2)-(3),
690.32(1),
690.33(2),
690.34(2)-(3)
Effective June 1,
1998
Universal Waste Rule: Specific 60 FR 25492-25551 NR 605.05(12),
Provisions for Thermostats May 11, 1995. 630.04(17),
(Checklist 142 D). 690.04(1),
675.04(3),
680.02, 690.07,
690.03(9)-(10),
690.13(3),
690.14(4),
690.33(3),
690.34(4)
Effective June 1,
1998
Universal Waste Rule: Petition 60 FR 25492-25551 NR 605.10(1)-(2),
Provisions to Add a New May 11, 1995. 605.10(6)-(7),
Universal Waste (Checklist 142 690.80(1)-(3),
E). 690.81(1)-(8)
Effective June 1,
1998
Liquids in Landfills III 60 FR 35703-13106 NR 660.18(8)
(Checklist 145). July 11, 1995. Effective June 1,
1998
RCRA Expanded Public 60 FR 63417-63434 NR 680.06(1m),
Participation (Checklist 148). December 11, 1995. 680.06(8m),
680.06(15),
600.03(104),
680.03(3m),
680.42(18m),
680.07(7),
665.06(1),
665.07(2),
665.06(4),
665.06(1), 665.02
Effective June 1,
1998
[[Page 43030]]
Amendments to the Definition of 61 FR 13103-13106 NR 605.05(1)
Solid Waste: Amendment II March 26, 1996. Effective June 1,
(Checklist 150). 1998
Land Disposal Restriction Phase 61 FR 15566-15660 NR 600.04(1),
III Decharacterized April 8, 1996. 675.05(3),
Wastewaters, Carbamate Wastes 675.03(1m),
and Spent Potliners (Checklist 675.03(4m),
151). 675.03(7p),
675.03(8),
675.04(2),
675.06(1)-(3),
675.07(1)-(2),
675.09(1),
675.09(4),
675.19(2),
675.20(1),
675.20(6),
675.20, Table,
675.22/Table 1,
675.24(1),
675.28(a) and
Table UTS, 675
Appendix IX
Effective June 1,
1998
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G. Where Are the Revised State Rules Different From the Federal Rules?
Wisconsin has proposed specific parts of Federal Regulation to be
more stringent than Federal requirements. These requirements are part
of Wisconsin's authorized program and are federally enforceable.
------------------------------------------------------------------------
Federal citation
Description of Federal number (checklist State citation
requirement number) number
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Revision of Conditional 261.4(e)(3)(iii)(A 605.05(10)(e)1.
Exemption for Small Scale ). 605.05(11)(d).
Treatability Studies (Checklist 261.4(f)(4).......
129).
Recovered Oil Exclusion 261.3(c)(2)(ii)(B) 605.04(1)(b)10.
(Checklist 135). 261.4(a)(12)...... 605.05(1)(x).
Removal of the Conditional 266.20(c)......... 625.05(1).
Exemption for Certain Slag
Residues (Checklist 136).
Universal Treatment Standards 260.30 intro...... There is no
and Treatment Standards for 260.30(b)......... Wisconsin waiver
Organic Toxicity Characteristic to the definition
Wastes and Newly Listed Wastes of Solid Waste.
(Checklist 137).
260.31(a), Wisconsin does not
260.31(b). have a provision
like 260.31(a).
Materials that
are speculatively
accumulated must
be managed as
hazardous waste
(see 605.05(4).
260.32 intro, Wisconsin does not
260.33 intro, have a boiler
260.33(a), variance
260.33(b). provision.
266.23(a)......... 625.05(1).
268.1(c)(3)(ii), 600.04(1).
268.1(c)(3)(iii). 600.04.
268.7(a)(8)....... 675.07(1)(j).
268.7(b)(4)(ii)... 675.07(2)(d)b.
268.38(a)......... 675.19(1)(a).
268.38(b)......... 675.19(1)(b).
Carbamate Production 261.3(a)(2)(iv)(F) There is no
Identification and Listing of , exemption
Hazardous Waste (Checklist 140). 261.3(a)(2)(iv)(G 261.3(a)(2)(iv)(F
). ) or (G) in the
Wisconsin Code.
261.3(c)(2)(ii)(D) There is no
Wisconsin
citation for
261.3(c)(2)(ii)(D
).
Universal Waste Rule: Petition 264.314(e)(2)(ii), 660.18(8)(b)
Provisions to Add New Universal 264.314(e)(2)(iii Wisconsin does
Waste (Checklist 145). ), not allow OECD
265.314(f)(2)(ii) Test 301B, rules
, are more
265.314(f)(2)(iii restrictive in
). defining a non-
biodegradable
sorbents.
Land Disposal Restrictions Phase 268.1(c)(3), 600.04(1) Note:
III--Decharacterized 268.1(c)(3)(i), Underground
Wastewaters, Carbamate Wastes, 268.1(c)(3)(ii), injection is
Spent Potliners (Checklist 151). 268.1(c)(3)(iii), prohibited.
268.1(c)(4),
268.1(c)(4)(i),
268.1(c)(4)(ii),
268.1(c)(4)(iii),
268.1(c)(4)(iv).
268.7(a)(1)(vi)... 675.07(a)(d).
268.39(b)......... 674.19(2)(b).
268.39(c)......... 675.19(2)(c).
268.39(d)......... 675.19(2)(e).
2678.39(f)........ 675.19(2)(g).
268.40(a)......... 675.20(1).
268.40(g)......... 675.20(1).
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H. Who Handles Permits After Authorization Takes Effect?
Wisconsin will issue permits for all the provisions for which it is
authorized and will administer the permits it issues. EPA will continue
to administer any RCRA hazardous waste permits or portions of permits
which we issued prior to the effective date of this authorization until
they expire or are terminated. 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 HSWA requirements for which Wisconsin
is not yet authorized.
I. How Does Today's Action Affect Indian Country (18 U.S.C. 115) in
Wisconsin?
Wisconsin is not authorized to carry out its hazardous waste
program in Indian country within the State, as defined in 18 U.S.C.
1151. This includes:
[[Page 43031]]
1. All lands within the exterior boundaries of Indian reservations
within or abutting the State of Wisconsin;
2. Any land held in trust by the U.S. for an Indian tribe; and
3. Any other land, whether on or off an Indian reservation that
qualifies as Indian country. Therefore, this action has no effect on
Indian country. EPA will continue to implement and administer the RCRA
program in Indian country.
J. What Is Codification and Is EPA Codifying Wisconsin'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. We reserve the amendment
of 40 CFR part 272, subpart YY for this authorization of Wisconsin's
program changes until a later date.
K. Administrative Requirements
The Office of Management and Budget (OMB) has exempted RCRA
authorizations from the requirements of Executive Order 12866 (58 FR
51735, October 4, 1993), and therefore, a decision to authorize
Wisconsin for these revisions is not subject to review by OMB.
Furthermore, this rule is not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001) because it
is not a significant regulatory action under Executive Order 12866.
This action authorizes State requirements for the purpose of RCRA 3006
and imposes no additional requirements beyond those imposed by State
law. This authorization will effectively suspend the applicability of
certain Federal regulations in favor of Wisconsin's program, thereby
eliminating duplicative requirements for handlers of hazardous waste in
the State. Authorization will not impose any new burdens on small
entities. Accordingly, I certify that these revisions will not have a
significant economic impact on a substantial number of small entities
under the Regulator Flexibility Act (5 U.S.C. 601 et seq.). Because
this action authorizes pre-existing requirements under State law and
does not impose any additional enforceable duty beyond that required by
State law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4). This action does not
have tribal implications within the meaning of Executive Order 13175
(65 FR 67249, November 9, 2000). This action will not have substantial
direct effects on the states, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government, as specified
in Executive Order 13132 (64 FR 43255, August 10, 1999), because it
merely authorizes State requirements as part of the State RCRA
hazardous waste program without altering the relationship or the
distribution of power and responsibilities established by RCRA. A
decision to authorize Wisconsin for these revisions also is not subject
to Executive Order 13045 (62 FR 19885, April 23, 1997), because it is
not economically significant and it does not make decisions based on
environmental health or safety risks. This action does not include
environmental justice related issues that require consideration under
Executive Order 12898 (59 FR 7629, February 16, 1994).
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 any Attorney
General's Supplemental Guidelines for the Evaluation of Risk and
Avoidance of Unanticipated Takings issued under the Executive Order. A
decision to authorize Wisconsin's revisions will not impose an
information collection burden under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this document and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication in the Federal Register. A major rule cannot take effect
until 60 days after it is published in the Federal Register. This
action is not a ``major rule'' as defined by 5 U.S.C 804(2).
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 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 12, 2002.
Bharat Mathur,
Acting Regional Administrator, Region 5.
[FR Doc. 02-16031 Filed 6-25-02; 8:45 am]
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