[Federal Register Volume 75, Number 205 (Monday, October 25, 2010)]
[Rules and Regulations]
[Pages 65432-65437]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-26962]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[EPA-R06-RCRA-2009-0343 FRL-9217-2]
New Mexico: Final Authorization of State Hazardous Waste
Management Program Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Immediate final rule.
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SUMMARY: The State of New Mexico has applied to the EPA for final
authorization of changes to its hazardous waste program under the
Resource Conservation and Recovery Act (RCRA). The EPA has determined
that these changes satisfy all requirements needed to qualify for final
authorization, and is authorizing the State's changes through this
immediate final action. The EPA is publishing this
[[Page 65433]]
rule to authorize the changes without a prior proposal because we
believe this action is not controversial and do not expect comments
that oppose it. Unless we receive written comments, which oppose this
authorization during the comment period, the decision to authorize New
Mexico's changes 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 this rule before it takes effect, and
a separate document in the proposed rules section of this Federal
Register will serve as a proposal to authorize the changes.
DATES: This final authorization will become effective on December 27,
2010 unless the EPA receives adverse written comment by November 24,
2010. If the EPA receives 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.
ADDRESSES: Submit your comments by one of the following methods:
1. Federal eRulemaking Portal: http:[sol][sol]www.regulations.gov.
Follow the online instructions for submitting comments.
2. E-mail: [email protected].
3. Mail: Alima Patterson, Region 6, Regional Authorization
Coordinator, State/Tribal Oversight Section (6PD-O), Multimedia
Planning and Permitting Division, EPA Region 6, 1445 Ross Avenue,
Dallas, Texas 75202-2733.
4. Hand Delivery or Courier: Deliver your comments to Alima
Patterson, Region 6, Regional Authorization Coordinator, State/Tribal
Oversight Section (6PD-O), Multimedia Planning and Permitting Division,
EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733.
5. Instructions: Do not submit information that you consider to be
CBI or otherwise protected through regulations.gov, or e-mail. The
Federal regulations.gov Web site is an ``anonymous access'' system,
which means the 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 comment directly to the EPA without going through regulations.gov,
your e-mail address will be automatically captured and included as part
of the comment that is placed in the public docket and made available
on the Internet. If you submit an electronic comment, the 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 the
EPA cannot read your comment due to technical difficulties and cannot
contact you for clarification, the EPA may not be able to consider your
comment. Electronic files should avoid the use of special characters,
any form of encryption, and be free of any defects or viruses. You can
view and copy New Mexico's application and associated publicly
available materials from 8:30 a.m. to 4 p.m. Monday through Friday at
the following locations: New Mexico Environment Department, 2905 Rodeo
Park Drive East, Building 1, Santa Fe, New Mexico 87505-6303, phone
number (505) 476-6035 and EPA, Region 6, 1445 Ross Avenue, Dallas,
Texas 75202-2733, phone number (214) 665-8533. Interested persons
wanting to examine these documents should make an appointment with the
office at least two weeks in advance.
FOR FURTHER INFORMATION CONTACT: Alima Patterson Region 6 Regional
Authorization Coordinator, State/Tribal Oversight Section (6PD-O),
Multimedia Planning and Permitting Division, (214) 665-8533), EPA
Region 1445 Ross Avenue, Dallas, Texas 75202-2733, and e-mail address
[email protected].
SUPPLEMENTARY INFORMATION:
A. Why are revisions to state programs necessary?
States which have received final authorization from the 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 the 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 the EPA's regulations in 40 Code of Federal
Regulations (CFR) parts 124, 260 through 266-268, 270, 273, and 279.
B. What decisions have we made in this rule?
We conclude that New Mexico's application to revise its authorized
program meets all of the statutory and regulatory requirements
established by RCRA. Therefore, we grant New Mexico final authorization
to operate its hazardous waste program with the changes described in
the authorization application. New Mexico has responsibility for
permitting treatment, storage, and disposal facilities 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 the EPA promulgates under the authority of HSWA take
effect in authorized States before they are authorized for the
requirements. Thus, the EPA will implement those requirements and
prohibitions in New Mexico including issuing permits, until the State
is granted authorization to do so.
C. What is the effect of today's authorization decision?
The effect of this decision is that a facility in New Mexico
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. New Mexico has enforcement responsibilities under its
State hazardous waste program for violations of such program, but the
EPA retains its authority under RCRA sections 3007, 3008, 3013, and
7003, which include, among others, authority to:
Do inspections, and require monitoring, tests, analyses,
or reports;
Enforce RCRA requirements and suspend or revoke permits;
and
Take enforcement actions regardless of whether New Mexico
has taken its own actions.
This action does not impose additional requirements on the
regulated community because the regulations for which New Mexico is
being authorized by today's action are already effective under State
law, and are not changed by today's action.
D. Why wasn't there a proposed rule before today's rule?
The 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 the State program changes.
E. What happens if the EPA receives comments that oppose this action?
If the 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. The EPA will
[[Page 65434]]
base any further decision on the authorization of the State program
changes 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 only 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. For what has New Mexico previously been authorized?
The State of New Mexico initially received final authorization on
January 25, 1985 (50 FR 1515) to implement its base hazardous waste
management program. New Mexico received authorization for revisions to
its program on February 9, 1990 (55 FR 4604) effective April 10, 1990;
March 19, 1990 (55 FR 10076); July 11, 1990 (55 FR 28397) effective
July 25, 1990; October 5, 1992 (57 FR 45717) effective December 4,
1992; June 9, 1994 (59 FR 29734) effective August 23, 1994; October 7,
1994 (59 FR 51122) effective December 21, 1994; April 25, 1995 (60 FR
20238) effective July 10, 1995; (61 FR 2450) January 2, 1996; December
23, 1996 (61 FR 67474) effective March 10, 1997 and August 10, 2001 (66
FR 42140) effective October 9, 2001 and (72 FR 46165) effective October
16, 2007. The authorized New Mexico RCRA program was incorporated by
reference to the CFR, effective December 13, 1993 (58 FR 52677);
November 18, 1996 (61 FR 49265); July 13, 1998 (63 FR 23221); effective
October 27, 2003, and March 25, 2009, (74 FR 12625); effective May 26,
2009. On May 21, 2009 New Mexico submitted a final complete program
revision application seeking authorization of its program revision in
accordance with 40 CFR 271.21.
New Mexico statutes provide authority for the NMED to administer
the provisions of the State Hazardous Waste Management Program (HWMP).
The New Mexico Environmental Improvement Act (EIA), NMSA 1978, Sections
74-1-1 through 74-1-14 and the New Mexico Hazardous Waste Act (HWA)
provide this authority. No amendments have been made to the EIA or HWA
that affect the ability of the NMED to administer the HWMP. The NMED is
the sole agency responsible for the HWMP.
The NMED petitioned the New Mexico Environmental Improvement Board
(EIB) to amend the HWMR, 20.4.1 for the EPA Federal rules promulgated
from July 1, 2002, through July 1, 2008. The EIB adopted the amendments
to the Hazardous Waste Management Regulations (HWMR) on November 3,
2008, and these amendments became permanent rules effective March 1,
2009.
Thus, 20.4.1 NMAC provides equivalent and no less stringent
authority than the adoption of Federal RCRA Subtitle C program in
effect through July 1, 2008. This is the version that is referred to in
the Attorney General's Statement and Certification submitted with this
program revision. The 20 NMAC 4.1 became effective on March 1, 2009.
New Mexico Statutes Annotated (NMAC) 1978 Sections 74-4-4A(1) and 74-4-
4F (2002) provides New Mexico with authority to adopt Federal
regulations by reference with exceptions to federal rules that are not
delegated to the State of New Mexico. Since the latest authorization
the scope, structure, coverage, and processes have not materially
changed.
New Mexico, through the HWMR, has incorporated by reference the
following federal RCRA regulations as amended through July 1, 2008: 40
CFR parts 260-270, 40 CFR part 270; 40 CFR part 273; and 40 CFR part
279 with the exception of 40 CFR 260.1(b)(6), 260.20, 260.22, 260.30,
260.31, 260.32, 260.33, 263.20(e), 264.1(f), 264.149, 264.150,
264.301(l), 264.1030(d), 264.1050(g), 264.1080(e), 264.1080(f),
264.1080(g), 265.1(c)(4), 265.149, 265.150, 265.1030(c), 265.1050(f),
265.1080(e), 265.1080(f), 265.1080(g); 268.5, 268.6, 268.42(b),
268.44(a) through (g). New Mexico has incorporated by reference 40 CFR
part 124, sections 124.31, 124.32, and 124.33 with exception to 40 CFR
parts 124.1 and 124.2. Also, it has adopted regulations at 20.4.1.901
NMAC, Permitting Procedures, that are equivalent to and no less
stringent than the procedures of 40 CFR part 124 and required by 40 CFR
271.14.
The State of New Mexico has added regulations 20.4.1.1001.A(1),
A(3), & .D requirements for aerosol cans as universal waste. An EPA
memo dated February 13, 1997 (from Mike Shapiro to Senior RCRA Policy
Managers in the EPA Regions), indicates that States that are already
authorized for the universal waste rule may add additional wastes that
meet the criteria for universal waste to their program. Such state-only
wastes may be recognized as part of the State's authorized program;
therefore, EPA Region 6 has determined that the State's aerosol can
provisions can be recognized as part of the State's authorized program.
20.4.1.1001.C--New Mexico has adopted an extensive revision to
their universal waste program which would allow the intentional
breaking and crushing of universal waste lamps in order to reduce their
volume to facilitate management or transport to destination facilities.
The State's regulations also include specific requirements with which
the regulated community must comply. Further analysis will be performed
to determine if the breaking and crushing of universal waste lamps will
be authorized as part of the State's authorized program. Therefore, the
EPA has determined that these requirements are not part of the State's
authorized program. The lamp crushing provisions are excluded from this
authorization.
Performance Track (Non-HSWA) (Revision Checklist 204; 69 FR 21737,
4[sol]24[sol]04, as amended at 69 FR 62217, 10[sol]24[sol]04). In New
Mexico's Program Revision Application package for RCRA Clusters XIII
through XVIII, the State indicates that it is seeking authorization for
the Performance Track program, as addressed by Revision Checklist 204.
However, on March 16, 2009, EPA announced its intention to halt and
review the National Performance Track Program. Therefore, EPA Region 6
has decided to exclude this rule from this authorization document. The
EPA is also excluding from this authorization document, the specific
Performance Track provisions addressed by the Burden Reduction
Initiative Rule (71 FR 16862; 04[sol]04[sol]06; Revision Checklist
213).
G. What changes are we authorizing with today's action?
On May 21, 2009, New Mexico submitted a final complete program
revision application, seeking authorization of their changes in
accordance with 40 CFR 271.21. We now make an immediate final decision,
subject to receipt of written comments that oppose this action, that
New Mexico's hazardous waste program revision satisfies all of the
requirements necessary to qualify for Final authorization. Therefore,
we grant the State of New Mexico Final authorization for the following
changes: The State of New Mexico's program revisions consist of
regulations which specifically govern Federal Hazardous Waste revisions
promulgated from July 1, 2002 through July 1, 2008 (RCRA Clusters XIII-
XVIII). The State of New Mexico requirements are included in a chart
with this document.
[[Page 65435]]
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Federal Register
Description of Federal date and page (and/ Analogous State
requirement (include checklist or RCRA statutory authority
number, if relevant) authority
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1. Zinc Fertilizer Rule. 67 FR 48393-48415, New Mexico Statute
(Checklist 200). July 24, 2002. Annotated (NMSA)
1978, Section 74-
4-1. Hazardous
Waste Regulations
(HWMR), New
Mexico
Environmental
Improvement
Board, 20 NMAC,
20.4.1. 200,
20.4.1.700, and
20.4.1.800 as
amended November
3, 2008,
effective March
1, 2009.
2. Treatment Variance for 67 FR 62618-62624, New Mexico Statute
Radioactively Contaminated October 7, 2002. Annotated (NMSA)
Batteries. (Checklist 201). 1978, Section 74-
4-1. Hazardous
Waste Regulations
(HWMR), New
Mexico
Environmental
Improvement
Board, 20 NMAC,
20.4.1.800, as
amended November
3, 2008,
effective March
1, 2009.
3. Hazardous Air Pollutant 67 FR 77687-77692, New Mexico Statute
Standards for Combustors- December 19, 2002. Annotated (NMSA)
Corrections 2. (Checklist 202). 1978, Section 74-
4-1. Hazardous
Waste Regulations
(HWMR), New
Mexico
Environmental
Improvement
Board, 20 NMAC,
20.4.1.900, as
amended November
3, 2008,
effective March
1, 2009.
4. Recycled Used Oil Management 68 FR 44659-44665, New Mexico Statute
Standards; Clarification. July 30, 2003. Annotated (NMSA)
(Checklist 203). 1978, Sections74-
4-1. Hazardous
Waste Regulations
(HWMR), New
Mexico
Environmental
Improvement
Board, 20 NMAC,
20.4.1.200 and
20.4.1.1002, as
amended November
3, 2008,
effective March
1, 2009.
5. NESHAP: Surface Coating of 69 FR 22601-22661, New Mexico Statute
Automobiles and Light-Duty April 26, 2004. Annotated (NMSA)
Trucks. (Checklist 205). 1978, Section 74-
4-1. Hazardous
Waste Regulations
(HWMR), New
Mexico
Environmental
Improvement
Board, 20 NMAC,
20.4.1.500 and
20.4.1.600, as
amended November
3, 2008,
effective March
1, 2009.
6. Nonwastewaters from Dyes and 70 FR 9138-9180, New Mexico Statute
Pigments. (Checklist 206). February 24, 2005. Annotated (NMSA)
1978, Section 74-
4-1. Hazardous
Waste Regulations
(HWMR), New
Mexico
Environmental
Improvement
Board, 20 NMAC,
20.4.1.200 and
20.4.1.800, as
amended November
3, 2008,
effective March
1, 2009.
7. Uniform Hazardous Waste 70 FR 10776-10825, New Mexico Statute
Manifest Rule. (Checklist 207). March 4, 2005. Annotated (NMSA)
1978, Section 74-
4-1. Hazardous
Waste Regulations
(HWMR), New
Mexico
Environmental
Improvement
Board, 20 NMAC,
20.4.1.100,
20.4.1.200,
20.4.1.300,
20.4.1.400,
20.4.1.500, and
20.4.1.600, as
amended November
3, 2008,
effective March
1, 2009.
8. Methods Innovation Rule and 70 FR 34538-34592, New Mexico Statute
SW-846 Final Update IIIB. June 14, 2005. Annotated (NMSA)
(Checklist 208). 1978, Section 74-
4-1. Hazardous
Waste Regulations
(HWMR), New
Mexico
Environmental
Improvement
Board, 20 NMAC,
20.4.1.100,
20.4.1.200,
20.4.1.500,
20.4.1.600,
20.4.1.700,
20.4.1.800,
20.4.1.900 and
20.4.1.1002, as
amended November
3, 2008,
effective March
1, 2009.
9. Universal Waste Rule: 70 FR 45508-45522, New Mexico Statute
Specific Provisions for Mercury August 5, 2005. Annotated (NMSA)
Containing Equipment. 1978, Section 74-
(Checklist 209). 4-1. Hazardous
Waste Regulations
(HWMR), New
Mexico
Environmental
Improvement
Board, 20 NMAC,
20.4.1.100,
20.4.1.200,
20.4.1.500,
20.4.1.600.4.1.80
0, 20.4.1.900,
and 20.4.1.1000,
as amended
November 3, 2008,
effective March
1, 2009.
10. Revisions of Wastewater 70 FR 57769-57785, New Mexico Statute
Treatment Exemptions for October 4, 2005. Annotated (NMSA)
Hazardous Waste Mixture 1978, Section 74-
(``Headworks exemptions''). 4-1. Hazardous
(Checklist 211). Waste Regulations
(HWMR), New
Mexico
Environmental
Improvement
Board, 20 NMAC,
20.4.1.200, as
amended November
3, 2008,
effective March
1, 2009.
11. NESHAP: Final Standards for 70 FR 59402-59579, New Mexico Statute
Hazardous Waste Combustors October 12, 2005. Annotated (NMSA)
(Phase I Final Replacement 1978, Section 74-
Standards and Phase II). 4-1. Hazardous
(Checklist 212). Waste Regulations
(HWMR), New
Mexico
Environmental
Improvement
Board, 20 NMAC,
20.4.1.100,
20.4.1.500,
20.4.1.600,
20.4.1.700, and
20.4.1.900, as
amended November
3, 2008,
effective March
1, 2009.
[[Page 65436]]
12. Burden Reduction Initiative. 71 FR 16862-16915, New Mexico Statute
(Checklist 213). April 4, 2006. Annotated (NMSA)
1978, Section 74-
4-1. Hazardous
Waste Regulations
(HWMR), New
Mexico
Environmental
Improvement
Board, 20 NMAC,
20.4.1.100,
20.4.1.200,
20.4.1.500,
20.4.1.501
(except
.501.A(2)),
20.4.1.600,
20.4.1.601,
20.4.1.700,
20.4.1.701,
20.4.1.800, and
20.4.1.902, as
amended November
3, 2008,
effective March
1, 2009.
Note: As discussed
in Section F, the
EPA is excluding
from this
authorization the
Performance Track
provisions
addressed by this
final rule.
13. Corrections to Errors in the 71 FR 40254-40280, New Mexico Statute
Code of Federal Regulations. July 14, 2006. Annotated (NMSA)
(Checklist 214). 1978, Sections 74-
4-1. Hazardous
Waste Regulations
(HWMR), New
Mexico
Environmental
Improvement
Board, 20 NMAC,
20.4.1.100,
20.4.1.200,
20.4.1.300,
20.4.1.500,
20.4.1.600,
20.4.1.601,
20.4.1.700,
20.4.1.800,
20.4.1.900
20.4.1.1000, and
20.4.1.1002 as
amended November
3, 2008,
effective March
1, 2009.
14. Cathode Ray Tubes Rule. 71 FR 42928-42949, New Mexico Statute
(Checklist 215). July 28, 2006. Annotated (NMSA)
1978, Section 74-
4-1. Hazardous
Waste Regulations
(HWMR), New
Mexico
Environmental
Improvement
Board, 20 NMAC,
20.4.1.100, and
20.4.1.200, as
amended November
3, 2008,
effective March
1, 2009.
15. Exclusion of Oil-Bearing 73 FR 57-72, New Mexico Statute
Secondary Materials Processed January 2, 2008. Annotated (NMSA)
in a Gasification System to 1978, Section 74-
Produce Synthesis. (Checklist 4-1. Hazardous
216). Waste Regulations
(HWMR), New
Mexico
Environmental
Improvement
Board, 20 NMAC,
20.4.1.100, and
20.4.1.200, as
amended November
3, 2008,
effective March
1, 2009.
16. NESHAP: Final Standards for 73 FR 18970-18984, New Mexico Statute
Hazardous Waste Combustors April 8, 2008. Annotated (NMSA)
(Phase I Final Replacement 1978, Section 74-
Standards and Phase II) 4-1. Hazardous
Amendments. (Checklist 217). Waste Regulations
(HWMR), New
Mexico
Environmental
Improvement
Board, 20 NMAC,
20.4.1.500, as
amended November
3, 2008,
effective March
1, 2009.
17. F019 Exemption for 73 FR 31756-31769, New Mexico Statute
Wastewater Treatment Sludges June 4, 2008. Annotated (NMSA)
from Auto Manufacturing Zinc 1978, Section 74-
Phosphating Processes. 4-1. Hazardous
(Checklist 218). Waste Regulations
(HWMR), New
Mexico
Environmental
Improvement
Board, 20 NMAC,
20.4.1.200, as
amended November
3, 2008,
effective March
1, 2009.
------------------------------------------------------------------------
H. Where are the revised state rules different from the Federal rules?
The State of New Mexico more stringent regulations are at Sections
20.4.1.701 and 20.4.1.902. The State's more stringent regulations
corresponds to Federal regulations 40 CFR 266.102(e)(10) and 270.14(a).
There are no broader in scope provisions in this authorization
document.
I. Who handles permits after the authorization takes effect?
New Mexico will issue permits for all the provisions for which it
is authorized and will administer the permits it issues. The 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. We will not issue any more new permits or new portions
of permits for the provisions listed in the Table in this document
after the effective date of this authorization. The EPA will continue
to implement and issue permits for HSWA requirements for which New
Mexico is not yet authorized.
J. What is codification and is the EPA codifying New Mexico'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 CFR. We do this by referencing the authorized State
rules in 40 CFR part 272. We reserve the amendment of 40 CFR part 272;
subpart GG for this authorization of New Mexico's program changes until
a later date. In this authorization application the EPA is not
codifying the rules documented in this Federal Register notice.
K. Statutory and Executive Order Reviews
The Office of Management and Budget (OMB) 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
[[Page 65437]]
authorizes preexisting 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 also does
not significantly or uniquely affect the communities of Tribal
governments, as specified by 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. 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. 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), the 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 the 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, the EPA has taken the necessary steps to
eliminate drafting errors and ambiguity, minimize potential litigation,
and provide a clear legal standard for affected conduct. The 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 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 may take effect, the agency promulgating
the rule a rule must submit a 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
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 December 27, 2010.
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: October 12, 2010.
Al Armendariz,
Regional Administrator, Region 6.
[FR Doc. 2010-26962 Filed 10-22-10; 8:45 am]
BILLING CODE 6560-50-P