[Federal Register Volume 78, Number 170 (Tuesday, September 3, 2013)]
[Rules and Regulations]
[Pages 54178-54182]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-21378]



40 CFR Part 271

[EPA-R03-RCRA-2012-0294; FRL- 9900-47-Region 3]

Virginia: Final Authorization of State Hazardous Waste Management 
Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate final rule.


SUMMARY: Virginia 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 Virginia'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 Virginia'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 
Virginia's program that were the subject of adverse comments.

DATES: This final authorization will become effective on November 4, 
2013, unless EPA receives adverse written comments by October 3, 2013. 
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-2012-0294, by one of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the on-line instructions for submitting comments.
    2. Email: [email protected].
    3. Mail: Andrea Barbieri, 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 
    You may inspect and copy Virginia's application from 8:00 a.m. to 
4:30 p.m., Monday through Friday at the following locations: Virginia 
Department of Environmental Quality, (VADEQ), Office of Regulatory 
Affairs, 629 East Main Street, Richmond, VA 23219, Phone number: (804) 
698-4426, and EPA Region III Library, 2nd Floor, 1650

[[Page 54179]]

Arch Street, Philadelphia, PA 19103-2029, Phone number: (215) 814-5254.
    Instructions: Direct your comments to Docket ID No. EPA-R03-RCRA-
2012-0294. 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 email. 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 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 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: Andrea Barbieri, Mailcode 3LC50, 
Office of State Programs, U.S. EPA Region III, 1650 Arch Street, 
Philadelphia, PA 19103-2029, Phone number: (215) 814-3374; email 
address: [email protected].


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. As the Federal program is revised to become 
more stringent or broader in scope, States must revise their programs 
and apply to EPA to authorize the revisions. 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 Virginia's application to revise its authorized 
program meets all of the statutory and regulatory requirements 
established by RCRA. Therefore, we grant Virginia final authorization 
to operate its hazardous waste program with the revisions described in 
its application for program revisions, subject to the procedures 
described in section E, below. Virginia 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 Virginia 
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 Virginia's 
authorized hazardous waste program. This action does not impose 
additional requirements on the regulated community because the 
regulations for which Virginia is being authorized by this action are 
already effective and are not changed by this action. Virginia 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:
    [cir] Perform inspections, and require monitoring, tests, analyses 
or reports;
    [cir] Enforce RCRA requirements and suspend or revoke permits; and
    [cir] Take enforcement actions regardless of whether Virginia has 
taken its own actions.

D. Why wasn't there a proposed rule before this rule?

    EPA did not publish a proposal before this 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 Virginia's program revisions. If EPA receives comments that 
oppose this authorization, that document will serve as a proposal to 
authorize the revisions to Virginia'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, we will 
withdraw this rule by publishing a document in the Federal Register 
before the rule would become effective. EPA will base any further 
decision on the authorization of Virginia'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 Virginia'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 Virginia previously been authorized for?

    Initially, Virginia received final authorization to implement its 
hazardous waste management program effective December 18, 1984 (49 FR 
47391). EPA granted authorization for revisions to Virginia's 
regulatory program effective August 13, 1993 (58 FR 32855); September 
29, 2000 (65 FR 46607); June 20, 2003 (68 FR 36925); July 10, 2006 (71 
FR 27204); and July 30, 2008 (73 FR 44168).

G. What revisions are we authorizing with this action?

    On December 18, 2012, Virginia submitted a final complete program 
revision application, seeking authorization of additional revisions to 
its program in accordance with 40 CFR 271.21. Virginia'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 Code of

[[Page 54180]]

Federal Regulations as of December 31, 2010.
    We now make an immediate final decision subject to receipt of 
written comments that oppose this action that Virginia's hazardous 
waste program revisions satisfies all of the requirements necessary to 
qualify for final authorization. Therefore, EPA grants Virginia's final 
authorization for the following program revisions:

1. Program Revision Changes for Federal Rules

    Virginia seeks authority to administer the Federal requirements 
that are listed in Table 1. Virginia incorporates by reference these 
Federal provisions, in accordance with the dates specified in Title 9, 
Virginia Administrative Code (9VAC 20-60-18). This Table lists the 
Virginia analogs that are being recognized as no less stringent than 
the analogous Federal requirements. The Virginia Waste Management Act 
(VWMA), enacted by the 1986 session of Virginia's General Assembly and 
recodifed in 1988 as Chapter 14, Title 10.1, Code of Virginia, forms 
the basis of the Virginia program. These regulatory references are to 
Title 9, Virginia Administrative Code (9 VAC) effective March 2, 2011.

         Table 1--Virginia's Analogs to the Federal Requirements
    Description of Federal
     requirement (revision       Federal Register    Analogous Virginia
        checklists \1\)                                  authority
                            RCRA Cluster XVII
Hazardous Waste and Used Oil;   71 FR 40254, July  9 VAC Sec.  Sec.   20-
 Correction to the Errors in     14, 2006.          60-18, 20-60-260 A,
 the Code of Federal                                20-60-261 A, 20-60-
 Regulations, Revision                              262 A, 20-60-264 A,
 Checklist 214.                                     20-60-264 A, 20-60-
                                                    265 A, 20-60-266 A,
                                                    20-60-268 A, 20-60-
                                                    270 A, 20-60-273 A,
                                                    20-60-279 A.
Hazardous Waste Management      71 FR 42928, July  9 VAC Sec.  Sec.   20-
 System; Modification of the     28, 2006.          60-18, 20-60-260 A,
 Hazardous Waste Program;                           20-60-261 A.
 Cathode Ray Tubes, Revision
 Checklist 215.
                           RCRA Cluster XVIII
Regulation of Oil-Bearing       73 FR 57, January  9 VAC Sec.  Sec.   20-
 Hazardous Secondary Materials   2, 2008.           60-18, 20-60-260 A,
 From the Petroleum Refining                        20-60-261 A.
 Industry Processed in a
 Gasification System to
 Produce Synthetic Gas,
 Revision Checklist 216.
National Emission Standards     73 FR 18970,       9 VAC Sec.  Sec.   20-
 for Hazardous Waste Air         April 8, 2008.     60-18, 20-60-264 A,
 Pollutants; Standards for                          20-60-266 A.
 Hazardous Waste Combustors;
 Amendments, Revision
 Checklist 217.
Hazardous Waste Management      73 FR 31756, June  9 VAC Sec.  Sec.   20-
 System: Identification and      4, 2008.           60-18, 20-60-261 A.
 Listing of Hazardous Waste;
 Amendment to Hazardous Waste
 Code F019, Revision Checklist
                            RCRA Cluster XIX
Academic Laboratories           73 FR 72912,       9 VAC Sec.  Sec.   20-
 Generator Standards, Revision   December 1, 2008.  60-18, 20-60-261 A,
 Checklist 220.                                     20-60-262 A.
Expansion of RCRA Comparable    73 FR 77954,       9 VAC Sec.  Sec.   20-
 Fuel Exclusion, Revision        December 19,       60-18, 20-60-261.
 Checklist 221 \2\.              2008.
                             RCRA Cluster XX
OECD Requirements; Export       75 FR 1236,        9 VAC Sec.  Sec.   20-
 Shipments of Spend Lead-Acid    January 8, 2010.   60-18, 20-60-262 A,
 Batteries, Revision Checklist                      20-60-263 A, 20-60-
 222.                                               264 A, 20-60-265 A,
                                                    20-60-266 A.
Hazardous Waste Technical       75 FR 12989,       9 VAC Sec.  Sec.   20-
 Corrections and                 March 18, 2010;    60-260 A, 20-60-261
 Clarification, Revision         as amended 75 FR   A, 20-60-262 A, 20-
 Checklist 223.                  31716, June 4,     60-263 A, 20-60-264
                                 2010.              A, 20-60-265 A, 20-
                                                    60-266 A, 20-60-268
                                                    A, 20-60-270 A.
                            RCRA Cluster XXI
Removal of Saccharin and Its    75 FR 78918,       9 VAC Sec.  Sec.   20-
 Salts from the List of          December 17,       60-18, 20-60-261 A,
 Hazardous Constituents,         2010.              20-60-268 A.
 Revision Checklist 225.
Academic Laboratories           75 FR 79304,       9 VAC Sec.  Sec.   20-
 Generator Standards Technical   December 20,       60-18, 20-60-262 A.
 Corrections, Revision           2010.
 Checklist 226.
Hazardous Waste Management      71 FR 35395, June  9 VAC Sec.  Sec.   20-
 System; Identification and      20, 2006.          60-18, 20-60-261 A.
 Listing of Hazardous Waste;
 Removal of Final Rule.
Extension of Site-Specific      71 FR 35547, June  9 VAC Sec.  Sec.   20-
 Regulations for University      21, 2006.          60-18, 20-60-262 A.
 Laboratories XL Projects.
Hazardous Waste Management      71 FR 43067, July  9 VAC Sec.  Sec.   20-
 System; Identification and      31, 2006.          60-18, 20-60-261 A.
 Listing of Hazardous Waste;
 Final Exclusion.
Hazardous Waste Management      72 FR 43, January  9 VAC Sec.  Sec.   20-
 System; Identification and      3, 2007.           60-18, 20-60-261 A.
 Listing of Hazardous Waste;
 Final Exclusion.
Hazardous Waste Management      72 FR 4645,        9 VAC Sec.  Sec.   20-
 System; Identification and      February 1, 2007.  60-18, 20-60-261 A.
 Listing of Hazardous Waste;
 Final Exclusion.

[[Page 54181]]

Hazardous Waste Management      72 FR 31185 June   9 VAC Sec.  Sec.   20-
 System; Identification and      6, 2007.           60-18, 20-60-261 A.
 Listing of Hazardous Waste;
 Final Exclusion.
Standards for Universal Waste   72 FR 35666, June  9 VAC Sec.  Sec.   20-
 Management; CFR Correction.     29, 2007.          60-18, 20-60-273 A.
\1\ 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.
\2\ Adopted changes to comparable fuel provisions amended on this date,
  not the emissions comparable fuel provisions that were subsequently

H. Where are the revised Virginia rules different from the Federal 

1. Virginia's Adoption of EPA's Site-Specific Delisting and Variance 

    In its regulations, Virginia has adopted EPA's decisions relative 
to the site-specific delistings published between June 20, 2006 and 
June 6, 2007 (71 FR 35395, 71 FR 35547, 71 FR 43067, 72 FR 43, 72 FR 
4645, 72 FR 31185). EPA today is not authorizing Virginia to delist 
wastes. With regard to waste delisted as a hazardous waste by EPA, the 
authority of the Department of Environmental Quality is limited to 
recognition of the waste as a delisted waste in Virginia, and the 
supervision of waste management activities for the delisted waste when 
the activities occur within the Commonwealth of Virginia. Virginia is 
not authorized to delist wastes on behalf of the EPA, or to otherwise 
administer any case decision to issue, revoke, or continue a delisting 
of a waste by EPA.

2. Rules for Which Virginia Is Not Seeking Authorization

    Virginia is not seeking authorization for the following RCRA 
revisions that are found in 40 CFR as of December 31, 2010:
    (a) Virginia is not seeking authorization for the Revision to the 
Definition of Solid Waste rule (October 30, 2008, 73 FR 64668)
    (b) Virginia is not seeking authorization for the Withdrawl of the 
Emission Comparable Fuel Exclusion (June 15, 2010, 75 FR 33712) because 
Virginia adopted the Expansion of the RCRA Comparable Fuel Exclusion 
(December 19, 2008, 73 FR 77954) without the emission comparable fuel 
exclusion provisions that were subsequently withdrawn in this rule.

I. Who handles permits after this authorization takes effect?

    After this authorization, Virginia 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 Virginia occurs and EPA terminates its permit, 
EPA and Virginia 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 Virginia is 
not yet authorized.

J. How does this action affect Indian country (18 U.S.C. 115) in 

    Virginia is not seeking authorization to operate the program on 
Indian lands, since there are no Federally-recognized Indian lands in 

K. What is codification and is EPA codifying Virginia'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 VV, for this authorization of Virginia'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 State 
of Virginia.
    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

[[Page 54182]]

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 
    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 November 4, 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: July 12, 2013.
Shawn M. Garvin,
Regional Administrator, EPA Region III.
[FR Doc. 2013-21378 Filed 8-30-13; 8:45 am]