[Federal Register Volume 78, Number 47 (Monday, March 11, 2013)]
[Rules and Regulations]
[Pages 15299-15303]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-05481]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[EPA-R02-RCRA-2013-0144; FRL-9693-2]
New York: Final Authorization of State Hazardous Waste Management
Program Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: New York State has applied to EPA for final authorization of
changes to its hazardous waste program under the Solid Waste Disposal
Act, as amended, commonly referred to as the Resource Conservation and
Recovery Act (RCRA). EPA has determined that these changes, with
limited exceptions, satisfy all requirements needed to qualify for
final authorization, and is authorizing the State's changes through
this direct final action.
DATES: This final authorization will become effective on May 10, 2013
unless EPA receives adverse written comment by April 10, 2013. If EPA
receives such comment, it will publish a timely withdrawal of this
direct final rule or those paragraphs or sections of this rule which
are the subject of the comments opposing the authorization in the
Federal Register and inform the public that only the portion of the
rule that is not withdrawn will take effect. (See Section E of
SUPPLEMENTARY INFORMATION for further details).
ADDRESSES: Submit your comments, identified by EPA-R02-RCRA-2013-0144,
by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
Email: [email protected].
Fax: (212) 637-4437, to the attention of Michael Infurna.
Mail: Send written comments to Michael Infurna, EPA,
Region 2, 290 Broadway, 22nd Floor, New York, NY 10007.
Hand Delivery or Courier: Deliver your comments to Michael
Infurna, EPA, Region 2, 290 Broadway, 22nd Floor, New York, NY 10007.
Such deliveries are only accepted during the Regional Office's normal
hours of operation. The public is advised to call in advance to verify
the business hours. Special arrangements should be made for deliveries
of boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R02-RCRA-
2013-0144. EPA's policy is that all comments received will be included
in the public docket 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://
[[Page 15300]]
www.regulations.gov, or email. The Federal http://www.regulations.gov
Web site is an ``anonymous access'' system, which means EPA will not
know your identity or contact information unless you provide it in the
body of your comment. If you send an email comment directly to EPA
without going through http://www.regulations.gov, your email 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, 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 or any form of encryption, and be free of
any defects or viruses. (For additional information about EPA's public
docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm).
Docket: EPA has established a docket for this action under Docket
ID No. EPA-R02-RCRA-2013-0144. All documents in the docket are listed
in the http://www.regulations.gov Web site. Although it may be listed
in the index, some information might not be publicly available, e.g.,
CBI or other information whose disclosure is restricted by statute.
Certain other material, such as copyrighted material, is not placed on
the Internet and will be publicly available only in hard copy. Publicly
available docket materials are available either electronically in
http://www.regulations.gov or in hard copy. You can view and copy New
York's application during business hours at the following addresses:
EPA Region 2 Library, 290 Broadway, 16th Floor, New York, NY 10007,
Phone number: (212) 637-3185; or New York State Department of
Environmental Conservation, Division of Solid and Hazardous Materials,
625 Broadway, Albany, NY 12233-7250, Phone number: (518) 402-8730. The
public is advised to call in advance to verify the business hours of
the above locations.
FOR FURTHER INFORMATION CONTACT: Michael Infurna, EPA Region 2, 290
Broadway, 22nd floor, New York, NY 10007; telephone number (212) 637-
4177; fax number: (212) 637-4437; email address:
[email protected].
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 268, 270, 273 and 279.
B. What decisions have we made in this rule?
We conclude that New York's application to revise its authorized
program meets all of the statutory and regulatory requirements
established by RCRA. Therefore, we grant New York final authorization
to operate its hazardous waste program with the changes described in
the authorization application. New York 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 the States are authorized for
the requirements. Thus, EPA will implement those requirements and
prohibitions in New York, including issuing permits if necessary, until
the State is granted authorization to do so.
C. What is the effect of this authorization decision?
The effect of this decision is that a facility in New York 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 York has enforcement responsibilities under its State
hazardous waste program for violations of such program, but EPA retains
its authority under statutory provisions, including but not limited to,
RCRA sections 3007, 3008, 3013, and 7003. These sections include, but
may not be limited to, the authority to:
Do inspections, and require monitoring, tests, analyses,
reports or other actions
Enforce RCRA requirements and suspend or revoke permits
Take enforcement actions regardless of whether the State
has taken its own actions.
This action does not impose additional requirements on the
regulated community because the State regulations for which New York is
being authorized by this action are already effective, and are not
changed by this action.
D. Why wasn't there a proposed rule before this rule?
EPA did not publish a proposal before this direct final rule
because we view this as a routine program change and do not expect
adverse 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 this Federal Register, we are publishing a
separate document 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 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 adverse 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 New York previously been authorized for?
New York initially received final authorization effective on May
29, 1986 (51 FR 17737) to implement its base hazardous waste management
program. We granted authorization for changes to its program effective
July 3, 1989 (54 FR 19184), May 7, 1990 (55 FR 7896), October 29, 1991
(56 FR 42944), May 22,
[[Page 15301]]
1992 (57 FR 9978), August 28, 1995 (60 FR 33753), October 14, 1997 (62
FR 43111), January 15, 2002 (66 FR 57679), March 14, 2005 (70 FR 1825,
as corrected on April 4, 2005 at 70 FR 17286), August 31, 2009 (74 FR
31380) and January 12, 2010 (75 FR 1617).
G. What changes are we authorizing with this action?
On December 18, 2008, New York submitted a program revision
application, seeking authorization of its changes in accordance with 40
CFR 271.21. Subsequently, on May 22, 2012 the State submitted signed
Attorney General Certifications for the application. New York's
revision application includes changes to the Federal Hazardous Waste
program as addressed by the federal used oil management regulations
that were published on September 10, 1992 (57 FR 41566) and amended May
3, 1993 (58 FR 26420), June 17, 1993 (58 FR 33341), March 4, 1994 (59
FR 10550), May 6, 1998 (63 FR 24963), and July 14, 1998 (63 FR 37780).
We now make a direct final decision, subject to receipt of written
comments that oppose this action that, except as noted in Section H,
New York's hazardous waste program revision satisfies all of the
requirements necessary to qualify for final authorization. Therefore,
we grant New York final authorization for the following program
revisions listed in the following table. (The New York provisions are
set forth in the Title 6, New York Codes, Rules and Regulations (6
NYCRR), Volume A-2A, Hazardous Waste Management System, amended
effective May 12, 2006 and may be found in the ``Official Compilation
of Codes Rules and Regulations of the State of New York'', published by
the Department of State, printed by West Group, as of the March 15,
2006 supplement.) The State's statutory provisions which provide the
legal basis for the State's implementation of its used oil program
include Environmental Conservation Law sections 3-0301; 23-2305; 23-
2307; 27-0703; and 27-0900 et.seq., and 71-2705. EPA is not authorizing
any new New York State civil or criminal statute in this program
revision authorization.
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Description of federal
requirement (Revision Analogous state regulatory authority \2\
Checklists \1\)
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Recycled Used Oil Management Title 6 New York Codes, Rules and
Standards (9/10/92, 57 FR Regulations (6 NYCRR) 370.2(b)(213),
41566; 5/3/93, 58 FR 26420; 370.2(b)(216),
6/17/93, 58 FR 33341; 5/4/ 6 NYCRR 371.1(d)(1)(ii)(`e') \3\,
94, 59 FR 10550; 5/6/98, 63 371.1(e)(2)(xi), 371.1(f)(10),
FR 24963; 7/14/98, 63 FR 371.1(g)(1)(ii)(`d'),
37780; Revision Checklists 371.1(g)(1)(ii)(`e'),
112, 122, 130, 166). 371.1(g)(1)(iii)(`b')--(`d'),
371.1(g)(1)(iii)(`e')[removed],
371.1(g)(1)(iv),
6 NYCRR 373-2.1(a)(6), 373-3.1(a)(6),
6 NYCRR 374-1.8(a)(2)(i), 374-2.1(a)
introductory paragraph, 374-2.1(a)(1),
374-2.1(a)(3), 374-2.1(a)(5) through 374-
2.1(a)(9), 374-2.1(a)(11) through 374-
2.1(a)(13), 374-2.1(a)(17), 374-
2.1(a)(20) through 374-2.1(a)(26), 374-
2.1(a)(28), 374-2.1(a)(29), 374-2.2, 374-
2.3 (except 374-2.3(c)(3)-(6) and 374-
2.3(f)), 374-2.4, 360-14.1(b)(7) 360-
14.1(b)(8) 374-2.5(a)(1), 374-2.5(a)(3),
374-2.5(a)(4), 374-2.5(a)(5)
introductory paragraph, 374-
2.5(a)(5)(i), 374-2.5(a)(5)(ii), 374-
2.5(a)(5)(iii) through (v), 374-2.5(b),
374-2.5(c), 374-2.5(d)(1), 374-
2.5(d)(2), 374-2.5(d)(3), 374-2.5(e)(1)
through 374-2.5(e)(3), 374-2.5(e)(5),
374-2.5(f), 374-2.5(g), 374-2.5(h), 374-
2.6(a)(1), 374-2.6(a)(3), 374-2.6(b),
374-2.6(c), 374-2.6(d) (except 374-
2.6(d)(4)), 374-2.6(e), 374-2.6(f), 374-
2.6(g), 374-2.6(h), 374-2.6(i), 374-
2.6(j), previous 374-2.7 and 374-2.8
[removed], 374-2.7(a), 374-2.7(b), 374-
2.7(c), 374-2.7(d)(except 374-
2.7(d)(4)), 374-2.7(e) (except 374-
2.7(e)(5) and (6)), 374-2.7(f), 374-
2.7(g), 374-2.7(h), 374-2.8, 374-2.9(a),
374-2.9(b), 374-2.9(c)
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\1\ A Revision Checklist is a document that addresses the specific
changes 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
\2\ The New York provisions are set forth in the Title 6 of the New York
Codes, Rules and Regulations (6 NYCRR), as amended effective through
May 12, 2006, unless otherwise specified.
\3\ Note that at 6 NYCRR 371.1(d)(1)(ii)(`e'), New York references old
contact information for the Government Printing Office. The correct
contact information, as found at 40 CFR 260.11(c) is: Superintendent
of Documents, U.S. Government Printing Office, Washington, DC 20402,
(202) 512-1800.
H. Where are the revised State rules different from the Federal rules?
More Stringent State Rules
New York used oil regulations are more stringent than the
corresponding Federal regulations in a number of different areas. The
more stringent provisions are being recognized as a part of the
Federally-authorized program and are Federally enforceable. The
specific more stringent provisions are discussed in detail in the
revised Program Description New York submitted with the used oil
authorization application, and include, but are not limited to, the
following:
1. New York requires that laboratory tests or sample analyses,
including rebuttable presumption analyses, be performed by a State-
certified laboratory. The Federal program does not contain a lab
certification program: 374-2.2(a)(2)(i)(`b')(`1'), 374-2.2(b)(1)(i),
374-2.5(e)(3)(i), 374-2.6(d)(2)(i), 374-2.7(d)(3)(i).
2. New York does not have analogs to 40 CFR 279.55(a)(1), (a)(2)
introductory paragraph and (a)(3) because the State does not accept
reliance upon generator knowledge of the halogen content.
3. Used oil collection centers are subject to the more stringent
transfer facility standards: 374-2.1(a)(23), 374-2.4(b)(2)(i), 374-
2.6(c)(1) introductory paragraph.
4. Used oil transfer facilities are subject to a number of
additional requirements including the general facility standards for
processing and re-refining facilities, additional testing, reporting
and emergency procedures, and closure requirements: 374-2.5(a)(5)
introductory paragraph, 374-2.5(d)(1)(i)(`a'), 374.2.5(e)(2), 374-
2.5(f)(8), 374-2.6(c)(1)(ii)(`c'), 374-2.6(c)(1)(iv)(`b'), 374-
2.6(c)(2) introductory paragraph, 374-2.6(c)(2)(i)(`b'), 374-
2.6(c)(2)(ii)(`a'), 374-2.6(c)(2)(ii)(`f'), 374-
2.6(c)(2)(vi)(`d')(`2'), 374-2.6(c)(2)(vi)(`i').
5. Aboveground and underground used oil tanks must also be in
compliance with more stringent installation, closure, inspection and
repair standards, and registration requirements in New York's
Petroleum Bulk Storage (PBS) rules, 6 NYCRR Parts 612, 613, and 614,
including: 374-2.2(a) introductory paragraph, 374-2.3(c)(2), 374-
2.5(f)(3)(i), (ii), and (iii), 374-2.6(e)(2) introductory paragraph,
374-2.6(e)(2)(i), (ii) and (iii), and 374-2.6(e)(7)(iii), 374-
2.6(e)(7)(i)(`a'), 374-2.7(e)(2)(i), (ii) and (iii).
6. Unlike the federal government, the state subjects used oil
burners to the more stringent management standards in the state Air
Quality regulations of 6 NYCRR Part 225: 374-2.2(a)(5)(ii), 374-
2.5(d)(1)(iii), 374-2.7(a)(2) introductory paragraph, 374-2.9(a)(1).
[[Page 15302]]
7. New York prohibits the use of used oil as a dust suppressant:
374-2.2(c)(2), 374-2.3(a)(2)(v), 374-2.5(a)(5)(v), 374-2.6(a)(3)(v),
374-2.7(a)(2)(v), 374-2.9(c).
8. Storage of used oil must also be in compliance with local and
state fire and building codes, including NFPA-30: 374-2.3(c)(1)(i)
and (ii), 374-2.5(f)(2), 374-2.6(e)(1), 374-2.7(e)(1)(i) and (ii).
9. Spills are subject to requirements in Article 12 of the
Navigation Law, its implementing regulations, and related provisions
in the Environmental Conservation Law and the PBS regulations, in
addition to the federal standards: 374-2.3(c)(9)(i): 374-2.5(d)(3)
introductory paragraph, 374-2.5(d)(3)(v), 374-2.5(f)(7)(i), 374-
2.6(e)(6)(i), 374-2.7(e)(8)(i)
10. New York requires additional labeling of units associated
with used oil storage: 374-2.3(c)(8)(i), 374-2.3(c)(8)(ii), 374-
2.5(f)(6)(i), 374-2.5(f)(6)(ii), 374-2.6(e)(5)(i), 374-
2.6(e)(5)(ii), 374-2.7(e)(7)(i), 374-2.7(e)(7)(ii).
11. New York requires additional notification, recordkeeping and
increased periods of record retention for several aspects of used
oil management: 374-2.5(e)(5), 374-2.5(g)(1) and (g)(2) introductory
paragraphs, 374-2.5(g)(1)(vi) and (g)(2)(vi), 374-2.5(g)(3), 374-
2.5(g)(4)(i), 374-2.6(g)(1) introductory paragraph, 374-
2.6(g)(1)(vi) and (g)(2)(vi), 374-2.6(g)(3), 374-2.6(h)(1)(`a') and
(`b'), 374-2.7(d)(5), 374-2.7(f)(2), 374-2.7(g)(1)(i), 374-
2.7(g)(2), 374-2.8(c)(2), 374-2.8(e)(3), 374-2.8(f)(1)(i) and 374-
2.8(f)(2).
12. New York prohibits the storage of used oil in pits, ponds
and lagoons. Storage in surface impoundments, including those
subject to regulation under 40 CFR Parts 264 and 265, is also
prohibited: 374-2.2(c)(1).
13. New York requires that processors/re-refiners must submit to
the department's Central Office and Regional Office, an annual
report instead of a biennial letter, as required in the federal
regulations: 374-2.6(h)(2).
14. The New York used oil regulations have several more
stringent provisions which include, but are not limited to:
a. New York prohibits the disposal of recyclable used oil by
means of absorbents, except to clean up spills: 374-2.2(c)(4).
b. If a facility owner or operator does not rebut the
presumption, the owner or operator must reject the load and notify
the department Regional Solid and Hazardous Materials engineer: 374-
2.6(d)(3).
c. Owners and operators of used oil transfer facilities must
test all incoming loads of used oil for total halogen content, in
accordance with a written quality control plan: 374-2.5(e)(2).
Broader in Scope Requirements
We consider the following State requirements to be beyond the scope
of the Federal program, and therefore, EPA is not authorizing these
requirements. The specific broader in scope provisions are discussed in
detail in the revised Program Description New York submitted with the
used oil authorization application, and include, but are not limited
to, the following:
1. New York regulates used oil containing greater than 50 ppm of
PCB wastes as hazardous waste, unless the PCBs were derived solely
from small capacitors; however, these wastes are not considered
hazardous wastes under the Federal RCRA program. PCB wastes are
regulated under the Federal Toxic Substances Control Act (TSCA) at
40 CFR part 761. The following New York used oil provisions are
broader in scope because they include requirements associated with
the regulation of PCB waste as a state-only hazardous waste: 374-
2.2(a)(9). 374-2.2(b)(1)/Table 1, 374-2.5(e)(4), 374-2.6(d)(4).
2. New York has not adopted the Federal exclusion at 40 CFR
261.4(b)(14) which exempts from the hazardous waste regulations used
oil re-refining distillation bottoms that are used as feedstock to
manufacture asphalt products. Such used oil re-refining bottoms are
subject to regulation in New York.
3. Subdivision 374-2.3(f) details requirements for accepting
used oil from do-it-yourselfers (DIYs) at service and retail
establishments. These requirements regulate entities not subject to
the Federal used oil regulations.
Broader-in-scope requirements are not part of the authorized
program and EPA cannot enforce them. Although entities must comply with
these requirements in accordance with State law, they are not RCRA
requirements.
I. Who handles permits after the authorization takes effect?
New York 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
still in effect which we issued prior to the effective date of this
authorization, and also to process permit modification requests for
facilities with existing permits. EPA will not issue any more new
permits or new portions of permits for the provisions listed in the
Table in section G above after the effective date of this
authorization. Pursuant to Sec. 3006(g)(1) of RCRA, EPA may continue
to issue or deny permits to facilities within the State to implement
those regulations promulgated under the authority of HSWA for which New
York is not authorized.
J. How does today's action affect Indian country (18 U.S.C. 115) in New
York?
The State of New York's Hazardous Waste Program is not authorized
to operate in Indian country within the State. Therefore, this action
has no effect on Indian country. EPA will continue to implement and
administer the RCRA program in these lands.
K. What is codification and is EPA codifying New York'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. If this rule takes
effect, or we finalize the companion proposal to authorize the State's
changes to its hazardous waste program, we may, at a later date, amend
40 CFR part 272, subpart HH to codify New York's authorized program.
L. Statutory and Executive Order Reviews
This rule only authorizes hazardous waste requirements pursuant to
RCRA section 3006 and imposes no requirements other than those imposed
by State law. Therefore, this rule complies with applicable executive
orders and statutory provisions as follows.
1. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review--The
Office of Management and Budget (OMB) has exempted this rule from its
review under Executive Orders 12866 (58 FR 51735, October 4, 1993) and
13563 (76 FR 3821, January 21, 2011).
2. Paperwork Reduction Act--This rule does not impose an
information collection burden under the Paperwork Reduction Act (44
U.S.C. 3501 et seq.)
3. Regulatory Flexibility Act--After considering the economic
impacts of this rule on small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.), I certify that this rule will not have a
significant economic impact on a substantial number of small entities.
4. Unfunded Mandates Reform Act--Because this rule approves 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
(Pub. L. 104B4).
5. Executive Order 13132: Federalism--Executive Order 13132 (64 FR
19885, April 23, 1997) does not apply to this rule because it will not
have federalism implications (i.e., 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).
[[Page 15303]]
6. Executive Order 13175: Consultation and Coordination with Indian
Tribal Governments--Executive Order 13175 (65 FR 67240, November 6,
2000) does not apply to this rule because it will not have tribal
implications (i.e., substantial direct effects on one or more Indian
tribes, on the relationship between the Federal government and Indian
tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian tribes).
7. Executive Order 13045: Protection of Children from Environmental
Health & Safety Risks--This rule is not subject to Executive Order
13045 (62 FR 19885, April 23, 1997) because it is not economically
significant and it is not based on health or safety risks.
8. Executive Order 13211: Actions that Significantly Affect Energy
Supply, Distribution, or Use--This rule is not subject to Executive
Order 13211 (66 FR 28355, May 22, 2001) because it is not a significant
regulatory action as defined in Executive Order 12866.
9. National Technology Transfer Advancement Act--EPA approves State
programs as long as they meet criteria required by RCRA, so it would be
inconsistent with applicable law for EPA, in its review of a State
program, to require the use of any particular voluntary consensus
standard in place of another standard that meets the requirements of
RCRA. Thus, section 12(d) of the National Technology Transfer and
Advancement Act (15 U.S.C. 272 Note) does not apply to this rule.
10. Congressional Review Act--EPA will submit a report containing
this rule and other information required by the Congressional Review
Act (5 U.S.C. 801 et seq.) 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 on May 10, 2013.
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: December 19, 2012.
Judith A. Enck,
Regional Administrator, Region 2.
[FR Doc. 2013-05481 Filed 3-8-13; 8:45 am]
BILLING CODE 6560-50-P