[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]



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.


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rule that is not withdrawn will take effect.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 

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: infurna.michael@.epa.gov.
     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: 


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.

    Description of federal
    requirement (Revision       Analogous state regulatory authority \2\
       Checklists \1\)
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'),
                               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)
\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 

    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-
    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-
    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 

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 

    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]