[Federal Register Volume 74, Number 81 (Wednesday, April 29, 2009)]
[Rules and Regulations]
[Pages 19453-19458]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-9792]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[EPA-R03-RCRA-2009-0916; FRL-8898-7]
Pennsylvania: Final Authorization of State Hazardous Waste
Management Program Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Immediate final rule.
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SUMMARY: Pennsylvania has applied to EPA for final authorization of
revisions to its hazardous waste program under the Resource
Conservation and Recovery Act (RCRA). EPA has determined that these
revisions satisfy all requirements needed to qualify for final
authorization and is authorizing Pennsylvania's revisions through this
immediate final action. EPA is publishing this rule to authorize the
revisions 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 that oppose this authorization during the
comment period, the decision to authorize Pennsylvania's revisions to
its hazardous waste program will take effect. If we receive comments
that oppose this action we will publish a document in the Federal
Register withdrawing the relevant portions of this rule, before they
take effect, and a separate document in the proposed rules section of
this Federal Register will serve as a proposal to authorize revisions
to Pennsylvania's program that were the subject of adverse comments.
Today's document also corrects errors made in the authorization history
that was published in the January 20, 2004 Federal Register
authorization document for Pennsylvania.
DATES: This final authorization will become effective on June 29, 2009,
unless EPA receives adverse written comments by May 29, 2009. If EPA
receives any such comment, 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 effect as scheduled.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
RCRA-2009-0916, by one of the following methods:
1. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the on-line instructions for submitting comments.
2. E-mail: [email protected]
3. Mail: Charles Bentley, Mailcode 3LC50, Office of State Programs,
U.S. EPA Region III, 1650 Arch Street, Philadelphia, PA 19103-2029.
4. Hand Delivery: At the previously listed EPA Region III address.
Such deliveries are only accepted during normal hours of operation, and
special arrangements should be made for deliveries of boxed
information.
You may inspect and copy Pennsylvania's application from 8 a.m. to
4:00 p.m., Monday through Friday at the following locations:
Pennsylvania Department of Environmental Protection, Environmental
Education and Information Center, 1st Floor, Rachel Carson State Office
Building, 400 Market St., Harrisburg, PA 17105, Phone number (717) 772-
1828; Pennsylvania Department of Environmental Protection, Southwest
Regional Office, 400 Waterfront Drive, Pittsburgh, PA 15222, Phone
number: (412) 442-4097; and EPA Region III, Library, 2nd Floor, 1650
Arch Street, Philadelphia, PA 19103, Phone number: (215) 814-5254.
Persons with a disability may use the AT&T Relay Service to contact
Pennsylvania Department of Environmental Protection by calling (800)
654-5984 (TDD users), or (800) 654-5988 (voice users).
Instructions: Direct your comments to Docket ID No. EPA-R03-RCRA-
2009-0916. EPA's policy is that all comments received will be included
in the public file without change and may be made available on line at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The Federal http://www.regulations.gov
Web site is an ``anonymous access'' system which means that EPA will
not know your identity or contact information unless you provide it in
the body of your comment. If you send an e-mail
[[Page 19454]]
comment directly to EPA without going through http://www.regulations.gov, your e-mail address will be automatically captured
and included as part of the comment that is placed in the public file
and made available on the Internet. If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment and with any disk or CD-ROM you
submit. If EPA cannot read your comment due to technical difficulties
and cannot contact you for clarification, EPA may not be able to
consider your comment. Electronic files should avoid the use of special
characters and any form of encryption, and be free of any defects or
viruses.
FOR FURTHER INFORMATION CONTACT: Charles Bentley, Mailcode 3LC50,
Office of State Programs, U.S. EPA Region III, 1650 Arch Street,
Philadelphia, PA 19103-2029, Phone number: (215) 814-3379.
SUPPLEMENTARY INFORMATION:
I. Corrections to January 20, 2004 (69 FR 2674) Authorization Document
The January 20, 2004 authorization document for Pennsylvania (69 FR
2674, column 2) contains an erroneous paragraph at Section F. The
existing paragraph should be replaced with the following language:
``Initially, Pennsylvania received final authorization to implement
its hazardous waste management program effective January 30, 1986 (51
FR 1791). EPA granted authorization for changes to Pennsylvania's
regulatory program on September 26, 2000, effective November 27, 2000
(65 FR 57734). ''
II. Authorization of Revisions to Pennsylvania's Hazardous Waste
Program
A. Why Are Revisions to State Programs Necessary
States that have received final authorization from EPA under RCRA
section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous waste
program that is equivalent to, consistent with, and no less stringent
than the Federal program. Authorization of revisions to State programs
may be necessary when Federal or State statutory or regulatory
authority is modified or when certain other revisions occur. Most
commonly, States must revise their programs because of revisions to
EPA's regulations in 40 Code of Federal Regulations (CFR) parts 124,
260 through 268, 270, 273 and 279.
B. What Decisions Have We Made in This Rule
EPA concludes that Pennsylvania's application to revise its
authorized program meets all of the statutory and regulatory
requirements established by RCRA. Therefore, we grant Pennsylvania
final authorization to operate its hazardous waste program with
revisions described in its application for program revisions, subject
to the procedures described in section E, below. Pennsylvania has
responsibility for permitting treatment, storage, and disposal
facilities (TSDFs) within its borders and for carrying out the aspects
of the RCRA program described in its application, subject to the
limitations of the Hazardous and Solid Waste Amendments of 1984 (HSWA).
New Federal requirements and prohibitions imposed by Federal
regulations that EPA promulgates under the authority of HSWA take
effect in authorized States before they are authorized for the
requirements. Thus, EPA will implement those HSWA requirements and
prohibitions for which Pennsylvania has not been authorized, including
issuing HSWA permits, until the State is granted authorization to do
so.
C. What Is the Effect of This Authorization Decision
This decision serves to authorize revisions to Pennsylvania's
authorized hazardous waste program. This action does not impose
additional requirements on the regulated community because the
regulations for which Pennsylvania is being authorized by today's
action are already effective and are not changed by today's action.
Pennsylvania has enforcement responsibilities under its state hazardous
waste program for violations of its program, but EPA retains its
authority under RCRA sections 3007, 3008, 3013, and 7003, which
include, among others, authority to:
Perform inspections, and require monitoring, tests,
analyses or reports;
Enforce RCRA requirements and suspend or revoke permits;
and
Take enforcement actions regardless of whether
Pennsylvania has taken its own actions.
D. Why Wasn't There a Proposed Rule Before This Rule
EPA did not publish a proposal before today's rule because we view
this as a routine program change and do not expect comments that oppose
this approval. 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 that proposes to
authorize Pennsylvania's program revisions. If EPA receives comments
that oppose this authorization, or portions thereof, that document will
serve as a proposal to authorize the revisions to Pennsylvania's
program that were the subject of adverse comment.
E. What Happens if EPA Receives Comments That Oppose This Action
If EPA receives comments that oppose this authorization, or
portions thereof, we will withdraw this rule, or portions thereof, by
publishing a document in the Federal Register before the rule would
become effective. EPA will base any further decision on the
authorization of Pennsylvania's program revisions on the proposal
mentioned in the previous section. 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 the authorization of a
particular revision to the Commonwealth's hazardous waste program, we
will withdraw that part of this rule, but the authorization of the
program revisions 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 Pennsylvania Previously Been Authorized for
Initially, Pennsylvania received final authorization to implement
its hazardous waste management program effective January 30, 1986 (51
FR 1791). EPA granted authorization for revisions to Pennsylvania's
regulatory program on September 26, 2000, effective November 27, 2000
(65 FR 57734); and on January 20, 2004, effective March 22, 2004 (69 FR
2674).
G. What Revisions Are We Authorizing With This Action
On May 31, 2007, Pennsylvania submitted an initial program revision
application, seeking authorization of additional revisions to its
program in accordance with 40 CFR 271.21. Subsequently, on January 2,
2009, the Commonwealth submitted a revised program revision
application. Pennsylvania's revision application includes various
regulations that are equivalent to, and no less stringent than,
revisions to the Federal hazardous waste program, as published in the
Federal
[[Page 19455]]
Register on September 30, 1999, November 19, 1999, July 10, 2000, May
14, 2001 and from June 29, 2001 through October 12, 2005, as well as
miscellaneous changes to its previously authorized program. We now make
an immediate final decision, subject to receipt of written comments
that oppose this action, that Pennsylvania's hazardous waste program
revision satisfies all of the requirements necessary to qualify for
final authorization. Therefore, EPA grants Pennsylvania's final
authorization for the following program revisions:
1. Program Revision Changes for Federal Rules
Pennsylvania seeks authority to administer the Federal requirements
that are listed in Table 1. This Table lists the Commonwealth analogs
that are being recognized as no less stringent than the analogous
Federal requirements.\1\ Unless otherwise stated, the Commonwealth's
regulatory references are to Title 25, Pennsylvania Code (25 Pa. Code),
Chapters 260a through 266a, 266b, 268a, and 270a, effective May 1,
1999, as amended December 14, 2002. Pennsylvania's authority to
incorporate subsequent changes to the Federal program is found at Pa.
Code Section 260a.3(e). The Commonwealth's statutory authority has not
changed since August 10, 2000. For additional information on the
Commonwealth's statutory authority please consult the Commonwealth's
authorization revision Federal Register document (65 FR 57734)
published on September 26, 2000.
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\1\ \\ In its revision application Pennsylvania also sought
authorization for the National Environmental Performance Track
Program. On March 16, 2009, EPA announced its intention to halt and
review the National Performance Track Program. Therefore, EPA is not
granting Pennsylvania final authorization for ``The National
Environmental Performance Track Program (4/22/04, 69 FR21737; as
amended 10/25/04, 69 FR 62217; Revision Checklist 204).''
Table 1--Pennsylvania's Analogs to the Federal Requirements
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Description of federal
requirement and Federal Register Federal Analogous
reference (revision checklists requirement Pennsylvania
\2\) authority
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NESHAPS: Final Standards for 40 CFR 260.10 25 Pa. Code,
Hazardous Air Pollutants for ``dioxins and Section
Hazardous Waste Combustors furans (D/F)''; 260a.3(e);
(MACT Rule) (09/30/99, 64 FR 260.10 ``TEQ''; Incorporated by
52828; as amended 11/19/99, 64 261.38/Table 1; reference at 25
FR 63209; Revision Checklist 264.340(b)-(e); Pa. Code Sections
182). 264.601 260a.1(a),
introductory 261a.1,
paragraph; 264a.1(a),
265.340(b) & (c); 265a.1(a),
266.100(b)-(h); 266a.20 (as
266.101(c) modified at
introductory 266a.100),
paragraph & 270a.1(a), and
(c)(1); 270a.41(6).
266.105(c) & (d);
266.112(b)(1)
introductory
paragraph;
266.112(b)(2)(i)
and Note; 266,
Appendix VIII;
270.19
introductory
paragraph;
270.19(e); 270.22
introductory
paragraph;
270.42, Appendix
I; 270.62
introductory
paragraph; and
270.66
introductory
paragraph.
NESHAPS: Final Standards for 40 CFR 25 Pa. Code,
Hazardous Air Pollutants for 261.38(c)(2)(iv); Section
Hazardous Waste Combustors (07/ 264.340(b)(1) & 260a.3(e);
10/00, 65 FR 42292; as amended (3); and Incorporated by
05/14/01, 66 FR 24270 and 07/03/ 270.42(j)(2). reference at 25
01, 66 FR 35087; Revision Pa. Code,
Checklist 188). Sections 261a.1,
264a.1(a), and
270a.1(a).
Mixture and Derived From Rules 40 CFR 25 Pa. Code,
Revision II (10/3/01, 66 FR 261.3(a)(2)(iv); Section
50332; as amended 12/3/01, 66 and 261.3(g)(4). 260a.3(e);
FR 60153; Revision Checklist Incorporated by
194). reference at 25
Pa. Code, Section
261a.1.
Inorganic Chemical Manufacturing 40 CFR 25 Pa. Code,
(11/20/01, 66 FR 58258; as 261.4(b)(15); Section
amended 04/09/02, 67 FR 17119; 261.32; 261, 260a.3(e);
Revision Checklist 195). Appendix VII; Incorporated by
268.36(a)-(c); reference at 25
and 268.40, Table. Pa. Code,
Sections 261a.1
and 268a.1(a).
CAMU Amendments (01/22/02, 67 FR 40 CFR 260.10; 25 Pa. Code,
2962; Revision Checklist 196). 264.550(a) & (b); Section
264.551(a) 260a.3(e);
introductory Incorporated by
paragraph; reference at 25
265.552; Pa. Code,
264.554(a); and Sections
264.555. 260a.1(a) and
264a.1(a).
Hazardous Air Pollutant 40 CFR 25 Pa. Code,
Standards for Combustors: 264.340(b)(1); Section
Interim Standards (02/13/02, 67 264.340(b)(4); 260a.3(e);
FR 6792; Revision Checklist 265.340(b)(1); Incorporated by
197). 265.340(b)(3); reference at 25
266.100(b)(2)(i)- Pa. Code,
(v); 270.19(e); Sections
270.22 264a.1(a),
introductory 265a.1(a),
paragraph; 270.62 266a.20 and
introductory 270a.1(a).
paragraph; 270.66
introductory
paragraph; and
270.235.
Hazardous Air Pollutant 40 CFR 266.100(a); 25 Pa. Code,
Standards for Combustors: 266.100(b)(1); Section
Corrections (02/14/02, 67 FR 266.100(d)(1)(i) 260a.3(e);
6968; Revision Checklist 198). (B); Incorporated by
266.100(d)(2); reference at 25
266.100(d)(3) Pa. Code,
introductory Sections 266a.20
paragraph; (as modified at
266.100(d)(3)(i) 266a.100) and
introductory 270a.1(a).
paragraph;
266.100(d)(3)(i)
(D); and
270.42(j)(1).
Vacatur of Mineral Processing 40 CFR 25 Pa. Code,
Spent Materials Being Reclaimed 261.2(c)(3); Section
as Solid Wastes and TCLP Use 261.4(a)(17); and 260a.3(e);
with MGP Waste (03/13/02, 67 FR 261.24(a). Incorporated by
11251; Revision Checklist 199). reference at 25
Pa. Code, Section
261a.1.
Zinc Fertilizers Made from 40 CFR 25 Pa. Code,
Recycled Hazardous Secondary 261.4(a)(20); Section
Materials (07/24/02, 67 FR 261.4(a)(21); 260a.3(e);
48393; Revision Checklist 200). 266.20(b); Incorporated by
266.20(d); and reference at 25
268.40. Pa. Code,
Sections 261a.1,
266a.20 and
268a.1(a).
National Treatment Variance for 40 CFR 268.40/ 25 Pa. Code,
Radioactively Contaminated Table. Section
Batteries (10/0702, 67 FR 260a.3(e);
62618; Revision Checklist 201). Incorporated by
reference at 25
Pa. Code, Section
268a.1(a).
[[Page 19456]]
NESHAP: Standards for Hazardous 40 CFR 270.19(e); 25 Pa. Code,
Air Pollutants for Hazardous 270.22 Section
Waste Combustors--Corrections introductory 260a.3(e);
(12/19/02, 67 FR 77687; paragraph; 270.62 Incorporated by
Revision Checklist 202). introductory reference at 25
paragraph and Pa. Code, Section
270.66 270a.1(a).
introductory
paragraph.
NESHAP: Surface Coating of 40 CFR 25 Pa. Code,
Automobiles and Light-Duty 264.1050(h); and Section
Trucks (04/26/04, 69 FR 22602; 265.1050(g). 260a.3(e);
Revision Checklist 205). Incorporated by
reference at 25
Pa. Code,
Sections
264a.1(a) and
265a.1(a).
Nonwastewaters from Productions 40 CFR 25 Pa. Code,
of Dyes, Pigments, and Food, 261.4(b)(15); Section
Drug, and Cosmetic Colorants 261.32(a); 260a.3(e);
(02/24/05, 70 FR 9138, as 261.32, Table; Incorporated by
amended 06/16/05, 70 FR 35032; 261.32(b) through reference at 25
Revision Checklist 206). (d); 261, Pa. Code,
Appendix VII; Sections 261a.1
261, Appendix and 268a.1(a).
VIII; 268.20;
268.21 through
268.29; 268.40
Table; and
268.48(a) Table.
Testing and Monitoring 40 CFR 260.11; 25 Pa. Code,
Activities: Methods Innovation 260,21(d); Section
Rule and SW-846 Update IIIB (06/ 260.22(d)(1)(i); 260a.3(e);
14/05, 70 FR 34538; as amended 261.3(a)(2)(v) Incorporated by
08/01/05, 70 FR 44150; Revision introductory reference at 25
Checklist 208). paragraph; Pa. Code,
261.21(a)(1); Sections
261.22(a)(1) & 260a.1(a),
(a)(2); 261a.1,
261.35(b)(2)(iii) 264a.1(a),
(A) & (B); 265a.1(a),
261.38(c)(7) 266a.20,
introductory 268a.1(a) and
paragraph; 261, 270a.1(a).
Appendices I, II
and III;
264.190(a);
264.314(c);
264.1034(c)(1)(ii
), (c)(1)(iv),
(d)(1)(iii) and
(f);
264.1063(d)(2);
264, Appendix IX;
265.190(a);
265.314(d);
265.1034(c)(1)(ii
), (c)(1)(iv),
(d)(1)(iii) and
(f);
265.1063(d)(2);
265.1081 ``Waste
stabilization
process'';
265.1084(a)(3)(ii
)(C),
(a)(3)(iii),
(b)(3)(ii)(C),
(b)(3)(iii) and
(c)(3)(i);
266.100(d)(1)(ii)
and (g)(2);
266.102(b)(1);
266.106(a);
266.112(b)(1)
introductory
paragraph and
(b)(2)(i); 266,
Appendix IX;
268.40(b); 268.40
Table; 268.48
Table; 268,
Appendix IX;
270.19(c)(1)(iii)
and (iv);
270.22(a)(2)(ii)(
B);
270.62(b)(2)(i)(C
), (b)(2)(i)(D),
(c)(2)(i) and
(c)(2)(ii).
Project XL Site-Specific 40 CFR 25 Pa. Code,
Rulemaking for the Ortho-McNeil 261.4(b)(17). Section
Pharmaceutical, Inc. Facility 260a.3(e);
in Spring House, PA Involving Incorporated by
On-Site Treatment of Mixed reference at 25
Waste (06/27/05, 70 FR 36850). Pa. Code, Section
261a.1.
Revision of Wastewater Treatment 40 CFR 25 Pa. Code,
Exemptions for Hazardous Waste 261.3(a)(2)(iv)(A Section
Mixtures (10/04/05, 70 FR ), (a)(2)(iv)(B), 260a.3(e);
57769; Revision Checklist 211). (a)(2)(iv)(D), Incorporated by
(a)(2)(iv)(F) and reference at 25
(a)(2)(iv)(G). Pa. Code, Section
261a.1.
National Emission Standards for 40 CFR 260.11(a) 25 Pa. Code,
Hazardous Air Pollutants: Final first sentence Section
Standards for Hazardous Air and (c)(1); 260a.3(e);
Pollutants for Hazardous Waste 264.340(b)(1) Incorporated by
Combustors (10/12/05, 70 FR first sentence reference at 25
59401; Revision Checklist 212). and (b)(5); Pa. Code,
265.340(b)(1) Sections
first sentence; 260a.1(a),
266.100(b)(1) 264a.1(a),
first sentence, 265a.1(a),
(b)(3) and 266a.20 and
(b)(4); 270.6; 270a.1(a).
270.10(l);
270.19(e) ;
270.22
introductory
paragraph;
270.24(d)(3);
270.25(e)(3);
270.32(b)(3);
270.42(j)(1),
(j)(2), (j)(3)
and (k); 270.42
Appendix I,
Section L; 270.62
introductory
paragraph; 270.66
introductory
paragraph;
270.235 section
heading, (a)(1)
introductory
paragraph, (a)(2)
introductory
paragraph, (b)(1)
introductory
paragraph, (b)(2)
and (c).
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The Commonwealth is not seeking authorization for the following
RCRA revisions that occurred between July 30, 2003 and October 12,
2005, which address changes to the Federal recycled used oil, manifest,
mercury-containing equipment and standardized permit regulations and
the Project XL requirements for New York State Public Utilities.
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\2\A Revision Checklist is a document that addresses the
specific revisions made to the Federal regulations by one or more
related final rules published in the Federal Register. EPA develops
these checklists as tools to assist States in developing their
authorization applications and in documenting specific State analogs
to the Federal Regulations. For more information see EPA's RCRA
State Authorization Web page at http://www.epa.gov/osw/laws-regs/state/index.htm.
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Federal requirement Regulatory explanation
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68 FR 44659, 07/30/03 (Revision Hazardous Waste Management
Checklist 203). System; Identification and
Listing of Hazardous Waste;
Recycled Used Oil Management
Standards.
[[Page 19457]]
70 FR 10776, 03/04/05, as amended on Modification of the Hazardous
June 16, 2005 (70 FR 35034) (Revision Waste Manifest System.
Checklist 207).
70 FR 29909, 05/24/05.................. Project XL Rulemaking Extension
for New York State Public
Utilities
70 FR 45508, 08/05/05 (Revision Mercury-Containing Equipment.
Checklist 209).
70 FR 53419, 09/08/05 (Revision Standardized Permit for RCRA
Checklist 210). Hazardous Waste Management
Facilities.
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2. Miscellaneous Changes
In addition to adopting the Federal program revisions discussed in
Section G.1, Pennsylvania has made various regulatory revisions to its
authorized program. Pennsylvania is seeking authorization for these
miscellaneous changes. These changes are categorized as follows: (a)
Redesignations and Corrections of Typographical Errors; (b)
Clarification of Ambiguous Requirements; (c) Changes to Manifest
Requirements; and (d) New Provisions Added for Clarification.
Regulatory citations annotated with an asterisk are deemed to be more
stringent than the Federal program. A further discussion of
Pennsylvania's miscellaneous regulatory changes is found in the
following application document for Pennsylvania: ``Pennsylvania Third
Supplemental Legal Statement for Final Authorization.''
(a) Redesignations and Corrections of Typographical Errors
The Commonwealth provisions listed below were amended to correct
typographical errors or were merely redesignated. All of these changes
were made without affecting the stringency of the Commonwealth's
currently authorized program. EPA has evaluated the changes described
and has determined that they are consistent with and no less stringent
than the corresponding Federal regulations.
Title 25, Pennsylvania Code (25 Pa. Code), Sec. Sec. 261a.3(a),
261a.5(b), 262a.12(b) introductory paragraph through
262a.12(b)(1)(iv)*, 262a.21(a), 263a.20(a), 263a.20(b) introductory
paragraph, 263.20(b)(1), 265a.13(1) introductory paragraph, 270a.42(b),
270a.60(a) introductory paragraph, 270a.60(a)(2), 270a.60(b)(1)(iv)*,
270a.60(b)(5), 270a.62, 270a.66 and 270a.81(b)(5).
(b) Clarification of Ambiguous Requirements
The Commonwealth has amended the following provisions in order to
clarify ambiguities identified through the implementation of the
regulations. Some of these amendments remove more stringent
requirements or leave previously more stringent provisions equivalent
to the federal program.
25 Pa. Code, Sec. Sec. 260a.10 ``Treatment'', 262a.50,
264a.97(1)*, 264a.173(2)*, 265a.173(2)*, 265a.175 (Reserved),
270a.42(c)*, 270a.60(a)(1)*, 270a.83(a)(4), 270a.51(a),
270a.60(b)(2)(ii)*, 270a.60(b)(3)(ii)*, 270a.60(b)(4)(ii)* and
270a.60(b)(5)(ii)*.
(c) Changes to the Commonwealth's Manifest Requirements
The Commonwealth provisions listed below contain new and amended
provisions that address the administration of the Pennsylvania
hazardous waste manifest program. Some of these new provisions are
additional requirements not found in the federal regulations and are
therefore more stringent.
25 Pa. Code, Sec. Sec. 262a.20 introductory paragraph, 262a.20(1),
262a.21(b), 262a.23(a)(1), 262a.23(a)(2)*, 262a.23(a)(3),
262a.23(a)(4), 263a.12(3)*, 263a.20(b)(2), 263a.20(b)(3), 263a.21(2),
263a.21(3)*, 264a.71(1), 264a.71(3)*, 264a.71(4), 265a.71(1),
265a.71(3)* and 265a.71(4).
(d) New Provisions Added for Clarification
The following provisions are new provisions that the Commonwealth
added to provide clarity on how the hazardous waste program operates or
to provide guidance on proper compliance methods. Some of these new
provisions increase the stringency of the hazardous waste program. 25
Pa. Code, Sec. Sec. 261a.3(b)*, 262a.11, 262a.12(b)(1)(v)*, 262a.34*,
262a.43 and 270a.51(b)-(d).
H. Where Are the Revised Pennsylvania Rules Different From the Federal
Rules
1. Pennsylvania Requirements That Are Broader in Scope Than the Federal
Program
The Pennsylvania hazardous waste program contains certain
provisions that are beyond the scope of the Federal program. The
following provisions from the December 20, 2002 amendments to the
Commonwealth's regulations are new and amended provisions that are
broader in scope than the federal hazardous waste program.
25 Pa. Code, Sec. Sec. 263a.12(1) & (2), 263a.13, 263a.24(b),
263a.26(c), 270a.3, and 262a.12(b)(2).
These broader in scope provisions are not part of the program being
authorized by today's action. EPA cannot enforce requirements that are
broader in scope, although compliance with such provisions is required
by Pennsylvania law. A further discussion of Pennsylvania's broader in
scope provisions is found in the following application document for
Pennsylvania: ``Pennsylvania Third Supplemental Legal Statement for
Final Authorization.''
2. Pennsylvania Requirements That Are More Stringent Than the Federal
Program
The Pennsylvania hazardous waste program contains some provisions
that are more stringent than is required by the RCRA program as
codified in the July 1, 2004 edition of title 40 of the Code of Federal
Regulations (CFR), as amended through October 12, 2005. These more
stringent provisions are being recognized as a part of the Federally
authorized program. The specific more stringent provisions are noted in
Section G.2.
I. Who Handles Permits After This Authorization Takes Effect?
After authorization, Pennsylvania 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 that we issued prior to the effective
date of this authorization. Until such time as formal transfer of EPA
permit responsibility to Pennsylvania occurs and EPA terminates its
permit, EPA and Pennsylvania agree to coordinate the administration of
permits in order to maintain consistency. We will not issue any more
new permits or new portions of permits for the provisions listed in
Section G after the effective date of this authorization. EPA will
continue to implement and issue permits for HSWA requirements for which
Pennsylvania is not yet authorized.
J. How Does This Action Affect Indian Country (18 U.S.C. 115) in
Pennsylvania
Pennsylvania is not seeking authorization to operate the program on
[[Page 19458]]
Indian lands, since there are no Federally recognized Indian lands in
Pennsylvania.
K. What Is Codification and Is EPA Codifying Pennsylvania'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 NN, for this authorization of
Pennsylvania's program revisions until a later date.
L. Administrative Requirements
The Office of Management and Budget has exempted this action from
the requirements of Executive Order 12866 (58 FR 51735, October 4,
1993), and therefore this action is not subject to review by OMB. This
action authorizes State requirements for the purpose of RCRA 3006 and
imposes no additional requirements beyond those imposed by State law.
Accordingly, I certify that this action will not have a significant
economic impact on a substantial number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this action
authorizes pre-existing requirements under State law and does not
impose any additional enforceable duty beyond that required by State
law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4). For the same reason, this
action would not significantly or uniquely affect the communities of
Tribal governments, as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000). In any case, Executive Order 13175 does not apply to
this rule since there are no Federally recognized tribes in the
Commonwealth of Pennsylvania.
This action will not have substantial direct effects on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government, as specified in Executive Order 13132 (64 FR
43255, August 10, 1999), because it merely authorizes State
requirements as part of the State RCRA hazardous waste program without
altering the relationship or the distribution of power and
responsibilities established by RCRA. This action also is not subject
to Executive Order 13045 (62 FR 19885, April 23, 1997), because it is
not economically significant and it does not make decisions based on
environmental health or safety risks that may disproportionately affect
children. This rule is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355 (May 22, 2001)) because it is not a
significant regulatory action under Executive Order 12866.
Under RCRA 3006(b), EPA grants a State's application for
authorization as long as the State meets the criteria required by RCRA.
It would thus be inconsistent with applicable law for EPA, when it
reviews a State authorization application, to require the use of any
particular voluntary consensus standard in place of another standard
that otherwise satisfies the requirements of RCRA. Thus, the
requirements of section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C. 3701, et seq.) do not apply. As
required by section 3 of Executive Order 12988 (61 FR 4729, February 7,
1996), in issuing this rule, EPA has taken the necessary steps to
eliminate drafting errors and ambiguity, minimize potential litigation,
and provide a clear legal standard for affected conduct. EPA has
complied with Executive Order 12630 (53 FR 8859, March 18, 1988) by
examining the takings implications of the rule in accordance with the
Attorney General's Supplemental Guidelines for the Evaluation of Risk
and Avoidance of Unanticipated Takings issued under the executive
order. This rule does not impose an information collection burden under
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
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 will be effective June 29, 2009.
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: April 9, 2009.
William C. Early,
Acting Regional Administrator, EPA Region III.
[FR Doc. E9-9792 Filed 4-28-09; 8:45 am]
BILLING CODE 6560-50-P