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Tennessee: Final Authorization of State Hazardous Waste Management Program Revision
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: December 26, 2001 (Volume 66, Number 247)]
[Rules and Regulations]
[Page 66342-66346]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26de01-15]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-7121-1]
Tennessee: Final Authorization of State Hazardous Waste
Management Program Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Immediate final rule.
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SUMMARY: Tennessee has applied to EPA for Final authorization of the
changes to its hazardous waste program under the Resource Conservation
and Recovery Act (RCRA). 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.
EPA is publishing this 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 get written comments which
oppose this authorization during the comment period, the decision to
authorize Tennessee's changes to its hazardous waste program will take
effect as provided below. If we get 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 February 25,
2002, unless EPA receives adverse written comment by January 25, 2002.
If 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: Send written comments to Narindar Kumar, Chief, RCRA
Programs Branch, Waste Management Division, U.S. Environmental
Protection Agency, The Sam Nunn Atlanta Federal Center, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-3104; (404) 562-8440. You can view
and copy Tennessee's application from 8:00 a.m. to 4:30 p.m. at the
following addresses: Tennessee Department of Environment and
Conservation, Division of Solid Waste Management, 5th Floor, L & C
Tower, 401 Church Street, Nashville, Tennessee 37243-1535; and EPA
Region 4, Library, The Sam Nunn Atlanta Federal Center, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-3104; (404) 562-8190.
FOR FURTHER INFORMATION CONTACT: Narindar Kumar, Chief, RCRA Programs
Branch, Waste Management Division, U.S. Environmental Protection
Agency, The Sam Nunn Atlanta Federal Center, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303-3104; (404) 562-8440.
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 266, 268, 270, 273 and 279.
B. What Decisions Have We Made in This Rule?
We conclude that Tennessee's application for RCRA Cluster VIII
meets all of the statutory and regulatory requirements established by
RCRA. Therefore, we grant Tennessee Final authorization to operate its
hazardous waste program with the changes described in the authorization
application. Tennessee 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 they are authorized for the
requirements. Thus, EPA will implement those requirements and
[[Page 66343]]
prohibitions in Tennessee, 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 Tennessee 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. Tennessee has enforcement responsibilities under its state
hazardous waste program for violations of such programs, but 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
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 regulations for which Tennessee is
being authorized by today's action are already effective, and are not
changed by today's action.
D. Why Wasn't There a Proposed Rule Before Today's Rule?
EPA did not publish a proposal before today's rule because we view
this as a routine program change and do not expect comments that oppose
this approval. We are providing an opportunity for public comment now.
In addition to this rule, in the proposed rules section of today's
Federal Register, we are publishing a separate document that proposes
to authorize 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 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 Tennessee Previously Been Authorized for?
Tennessee initially received Final authorization on January 22,
1985, effective February 5, 1985 (50 FR 2820) to implement the RCRA
hazardous waste management program. We granted authorization for
changes to their program on October 26, 2000, effective December 26,
2000 (65 FR 64161), on September 15, 1999, effective November 15, 1999
(64 FR 49998), on January 30, 1998, effective March 31, 1998 (63 FR
45870), on May 23, 1996, effective July 22, 1996 (61 FR 25796), on
August 24, 1995, effective October 23, 1995 (60 FR 43979), on May 8,
1995, effective July 7, 1995 (60 FR 22524), on June 1, 1992, effective
July 31, 1992 (57 FR 23063), and on June 12, 1987, effective August 11,
1987 (52 FR 22443).
G. What Changes Are We Authorizing With Today's Action?
On March 23, 2001, Tennessee submitted a final complete program
revision application, seeking authorization of its 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
Tennessee's hazardous waste program revision satisfies all of the
requirements necessary to qualify for Final authorization. Therefore,
we grant Final authorization for the following program changes:
----------------------------------------------------------------------------------------------------------------
Federal requirement Federal Register Analogous State authority \1\
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160--Land Disposal Restrictions; Phase 62 FR 37694, 07/14/97...... Tennessee Code Annotated (TCA) 68-212-
III--Emergency Extension of the KO88 104(7) & (16); 68-212-106(a)(1) & (2);
National Capacity Variance. 68-212-107(a), (d)(1), (3), & (9);
Tennessee Revised Code 1200-1-11-
10(2)(j)3.
161--Second Emergency Revision of the 62 FR 45568, 08/28/97...... Tennessee Code Annotated (TCA) 68-212-
Land Disposal Restrictions Treatment 104(7) & (16); 68-212-106(a)(1) & (2);
Standards for Listed Hazardous Waste 68-212-107(a), (d)(1), (3), & (9);
From Carbamate Production. Tennessee Revised Code 1200-1-11-
10(3)(a)7, .10(3)(i)1/Table.
162--Clarification of Standards for 62 FR 64504, 12/05/97...... Tennessee Code Annotated (TCA) 68-212-
Hazardous Waste Land Disposal 104(7) & (16); 68-212-106(a)(1) & (2);
Restriction Treatment Variances. 68-212-107(a), (d)(1), (3), & (9);
Tennessee Revised Code 1200-1-11-
.10(3)(3).
[[Page 66344]]
163--Organic Air Emission Standards for 62 FR 64636, 12/08/97...... Tennessee Code Annotated (TCA) 68-212-
Tanks, Surface Impoundments, and 104(6) & (7); 68-212-106(a)(1) & (2); 68-
Containers; Clarification and Technical 212-107(a), (d)(1), (3), & (6); 68-212-
Amendment. 108(a)(1); Tennessee Revised Code 1200-1-
11-.06(2)(f)2(iv), .06(5)(d)2(vi),
.06(30)(a)2(iii), .06(30)(a)3 & 5;
.06(30)(b), .06(30)(d)1(ii)(I)-(IV),
.06(31)(a)2(iii), .06(31)(a)3 & 6,
.06(31)(k)1, .06(31)(k)2(i)-(iv),
.06(31)(m)2(ii)-(iii), .06(31)(o)7(vi),
.06(31)(o)13, .06(32)(a)2(i),
.06(32)(a)3, .06(32)(c)2,
.06(32)(c)3(ii)(IX)I-II,
.06(32)(c)3(iii), .06(32)(c)3(iv)(II),
.06(32)(d)1(ii), .06(32)(d)2(i),
.06(32)(e)3(ii)(III),
.06(32)(e)3(ii)(III)II,
.06(32)(e)3(ii)(III)II.A & B,
.06(32)(e)5(iv),
.06(32)(e)6(iii)(I)IV.D,
.06(32)(e)6(iii)(III), .06(32)(e)6(iv),
.06(32)(e)10(ii)(III), .06(32)(f)2(ii),
.06(32)(f)4(i)(III),
.06(32)(f)4(ii)(I)II,
.06(32)(f)5(ii)(III), .06(32)(g)3(ii),
.06(32)(g)3(iv)(I), .06(32)(g)4(ii),
.06(32)(g)4(iv)(I), .06(32)(g)7,
.06(32)(h)3(iii)(II), .06(32)(h)3(vii),
.06(32)(j)1, .06(32)(j)2(i)(II)II,
.06(32)(j)6(i), .06(32)(j)10,
.06(32)(j)10(i)-(ii); .05(2)(f)2(iv),
.05(5)(d)2(vi), .05(27)(a)2(iii),
.05(27)(a)4, .05(27)(d)1(ii)(I)-(IV),
.05(27)(d)6(ii)(VI)II, .05(28)(a)2(iii),
.05(28)(a)5, .05(28)(k)1, .05(28)(k)2(i)-
(iv), .05(28)(m)2(ii)-(iii),
.05(28)(o)7(vi), .05(28)(o)13,
.05(29)(a)2(i), .05(29)(b), .05(29)(c)1,
.05(29)(c)1(i)-(ii), .05(29)(c)1(ii)(I)-
(IV), .05(29)(c)2, .05(29)(c)2(i)-(ii),
.05(29)(c)2(ii)(I)-(III), .05(29)(c)3 &
4, .05(29)(d)2, .05(29)(d)3(ii)(I),
.05(29)(d)3(ii)(IX)I-II,
.05(29)(d)3(iii), .05(29)(d)3(iv)(II),
.05(29)(e)1(ii), .05(29)(e)1(iii)(II)II,
.05(29)(e)1(iii)(III),
.05(29)(e)1(iii)(III)I, VI, VII & VII.A,
.05(29)(e)1(iii)(IV),
.05(29)(e)1(iii)(IV)I, II, II.A, II.B,
.05(29)(e)1(iii)(V),
.05(29)(e)1(iv)(IV), .05(29)(e)2(i),
.05(29)(e)2(iii)(II)II,
.05(29)(e)2(iii)(III),
.05(29)(e)2(iii)(III)VI-VII,
.05(29)(e)2(iii)(IV) & (V),
.05(29)(e)2(viii)(III),
.05(29)(e)2(ix)(IV), .05(29)(e)4(v)(II),
.05(29)(f)3(ii)(III),
.05(29)(f)3(ii)(III)II,
.05(29)(f)3(ii)(III)II.A & B,
.05(29)(f)5(iv),
.05(29)(f)6(iii)(I)IV.D,
.05(29)(f)6(iv), .05(29)(f)10(ii)(III),
.05(29)(g)2(ii), .05(29)(g)4(i)(III),
.05(29)(g)4(ii)(I)II,
.05(29)(g)5(ii)(III),
.05(29)(h)3(iv)(I), .05(29)(h)4(iv)(I),
.05(29)(h)7, .05(29)(i)3(iii)(II),
.05(29)(i)3(vii), .05(29)(k)1,
.05(29)(k)2(i)(II)II, .05(29)(k)6(i),
.05(29)(k)10, .05(29)(k)10(i) & (ii),
.05(53)Appendix VI; .07(5)(a)1(v)
164--Kraft Mill Steam Stripper 63 FR 18504, 04/15/98...... Tennessee Code Annotated (TCA) 68-212-
Condensate Exclusion. 104(7); 68-212-106(a)(1); 68-212-
107(d)(1); Tennessee Revised Code 1200-1-
11-.02(1)(d)1(xvii).
166--Recycled Used Oil Management 63 FR 24963, 05/06/99...... Tennessee Code Annotated (TCA) 68-211-
Standards, Technical Correction and 63 FR 37780, 07/14/98...... 106(a)(1) & 2; 68-211-107(a); 68-211-
Clarification. 1001 et seq.; 68-212-106(a)(1); 68-212-
107(a), (d)(1), (3), & (6); Tennessee
Revised Code 1200-1-11-.02(1)(e)10,
.02(1)(f)1(iii)(IV)I-III, .11(2)(a)9,
.11(3)(c)4, .11(3)(c)4(i)-(iv),
.11(5)(f)8, .11(5)(f)8(i)-(iv),
.11(6)(e)7, .11(6)(e)7(i)-(iv),
.11(7)(e)7, .11(7)(e)7(i)-(iv),
.11(8)(e)2, .11(8)(e)2(i)-(iv).
167A-Land Disposal Restrictions; Phase 63 FR 28556, 05/26/98...... Tennessee Code Annotated (TCA) 68-212-
IV--Treatment Standards for Metal 104(7); 68-212-106(a)(1) & (2); 68-212-
Wastes and Mineral Processing Wastes. 107(a) & (d)(1), (3) & (9); Tennessee
Revised Code 1200-1-11-.10(1)(b)10,
.10(1)(c)4, .10(2)(e)1, 3 & 4,
.10(2)(e)5 .10(2)(e)5(i)-(iv),
.10(2)(e)6, .10(3)(a)5 & 8, .10(3)(a)/
Table ``Treatment Mineral Wastes'',
.10(3)(i)/Table UTS (Universal Treatment
Standards)
167B-Land Disposal Restriction Phase IV-- 63 FR 28556, 05/26/98...... Tennessee Code Annotated (TCA) 68-212-
Hazardous Soils Treatment Standards and 104(7); 68-212-106(a)(1) & (2); 68-212-
Excluision. 107(a) & (d)(1), (3) & (9); Tennessee
Revised Code 1200-1-11 -.10(1)(b)9,
.10(1)(g)1(i)-(ii), .10(1)(g)1(ii)(I)-
(II), .10(1)(g)1(iii)intro,
.10(1)(g)1(iii)(II), .10(1)(g)1(iv),
.10(1)(g)1(iv)/Table, .10(1)(g)1(v)-
(vi), .10(1)(g)2(i)-(iii),
.10(1)(g)2(iv) intro, .10(1)(g)5 intro,
.10(1)(g)5(i)-(ii), .10(3)(e),
.10(3)(j)1- 2, .10(3)(j)3 intro,
.10(3)(j)3(i) intro, .10(3)(j)3(i)(I)-
(III), .10(3)(j)3(ii), .10(3)(j)3(iii)
intro, .10(3)(j)3(iii)(I)- (II),
.10(3)(j)4, .10(3)(j)5 intro,
.10(3)(j)5(i), .10(3)(j)5(ii) intro,
.10(3)(j)5(ii)(I)-(II).
167C-Land Disposal Restrictions, Phase 63 FR 28556, 05/26/98...... Tennessee Code Annotated (TCA) 68-212-
IV--Corrections. 104(7); 68-212-106(a)(1) & (2); 68-212-
107(a) & (d)(1), (3) & (9); Tennessee
Revised Code 1200-1-11.10(1)(d)1(ii)(II)-
(III) .10(1)(g)1(vii),
.10(1)(g)2(iii)(II)/Table,
.10(1)(g)2(iv)(IV)-(V), .10(1)(g)2(v) &
(vi), .10(3)(a)5, .10(3)(a)10/Table,
.10(3)(c)1, .10(3)(c)1(i)-(iii),
.10(3)(f)1 intro, .10(3)(f)4(iii)-(iv),
.10(3)(i)1/table UTS, .10(5)Appendix
VII, Table 1, .10(5)Appendix VIII.
167D--Mineral Processing Secondary 63 FR 28556, 05/26/98...... Tennessee Code Annotated (TCA) 68-212-
Materials Exclusion. 104(7); 68-212-106(a)(1) & (2); 68-212-
107(a) & (d)(1), (3) & (9); Tennessee
Revised Code 1200-1-11-.02(1)(b)3(iii),
.02(1)(b)3(iv/Table, .02(1)(b)5(i)(III),
.02(1)(d)1(xviii) intro,
.02(1)(d)1(xviii)(I)-(III),
.02(1)(d)1(xviii)(IV)I-III,
.02(1)(d)1(xviii)(V)-(VI).
167E--Bevill Exclusion Revisions and 63 FR 28556, 05/26/98...... Tennessee Code Annotated (TCA) 68-212-
Clarifications. 104(7); 68-212-106(a)(1) & (2); 68-212-
107(a) & (d)(1), (3) & (9); Tennessee
Revised Code 1200-1-11-.02(1)(c)1(ii)(I)
& (III), .02(1)(d)3(ii)(III) intro,
.02(1)(d)3(ii)(III)I-II,
.02(1)(d)3(ii)(III)II.A-T,
.02(1)(d)3(ii)(III)III,
.02(1)(d)3(ii)(III)III.A & B.
[[Page 66345]]
168--Hazardous Waste Conbustors, Revised 63 FR 33782, 06/19/98...... Tennessee Code Annotated (TCA) 68-212-
Standards. 104(7); 68-212-106(a)(1); 68-212-107(a),
(d)(1), (3), & (4); 68-212-108(a)(1) &
(b); Tennessee Revised Code 1200-1-11-
.02(1)(d)1(xix), .02(4)(i) intro,
.02(4)(i)1 intro, .02(4)(i)1(i) intro,
.02(4)(i)1(i)(I)-(II), .02(4)(i)1(ii),
.02(4)(i)2 intro, .02(4)(i)2(i)-(v),
.02(4)(i)/Table 1, .02(4)(i)3 intro,
.02(4)(i)3(i), .02(4)(i)3(i)(I) intro,
.02(4)(i)3(i)(I)I-II,
.02(4)(i)3(i)(I)III intro,
.02(4)(i)3(i)(I)III.A-D,
.02(4)(i)3(i)(II) intro,
.02(4)(i)3(i)(II)I-V, .02(4)(i)3(ii)
intro, .02(4)(i)3(ii)(I),
.02(4)(i)3(ii)(II) intro,
.02(4)(i)3(ii)(II)I-II,
.02(4)(i)3(ii)(III), .02(4)(i)3(iii)
intro, .02(4)(i)3(iii)(I)-(III),
.02(4)(i)3(iv)(I) intro,
.02(4)(i)3(iv)(I)I-III,
.02(4)(i)3(iv)(II), .02(4)(i)3(v) intro,
.02(4)(i)3(v)(I) intro,
.02(4)(i)3(v)(I)I- III,
.02(4)(i)3(v)(II), .02(4)(i)3(vi),
.02(4)(i)3(vii) intro,
.02(4)(i)3(vii)(I) intro,
.02(4)(i)3(vii)(I) I-V,
.02(4)(i)3(vii)(II) intro,
.02(4)(i)3(vii)(II)I-VIII,
.02(4)(i)3(vii)(III), .02(4)(i)3(viii)
intro, .02(4)(i)3(viii)(I) intro,
.02(4)(i)3(viii)(I)I-IV,
.02(4)(i)3(viii)(II),
.02(4)(i)3(viii)(III) intro,
.02(4)(i)3(viii)(III)I-II,
.02(4)(i)3(viii)(IV)-(VII),
.02(4)(i)3(viii)(VIII) intro,
.02(4)(i)3(viii)(VIII)I-II,
.02(4)(i)3(viii)(IX), .02(4)(i)3(ix),
.02(4)(i)3(x) intro, .02(4)(i)3(x)(I)
intro, .02(4)(i)3(x)(I)I-III,
.02(4)(i)3(x)(II)-(VII),
.02(4)(i)3(x)(VIII) intro,
.02(4)(i)3(x)(VIII)I-VIII,
.02(4)(i)3(x)(IX) intro,
.02(4)(i)3(x)(IX)I-V, .02(4)(i)3(xi),
.02(4)(i)3(xii) intro,
.02(4)(i)3(xii)(I)-(III),
.02(4)(i)3(xiii); .07(9)(c)5(x),
.07(9)(c)5(x)(I)-(II), .07(10)(1)9,
.07(3)(c)2(viii).
----------------------------------------------------------------------------------------------------------------
\1\ The Tennessee provisions are from the Tennessee Hazardous Waste Management Regulations effective July 19,
1999.
H. Where Are the Revised State Rules Different From the Federal
Rules?
There are no State requirements that are more stringent or broader
in scope than the Federal requirements.
I. Who Handles Permits After the Authorization Takes Effect?
Tennessee 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
which we issued prior to the effective date of this authorization. At
the time the State Program is approved, EPA will suspend issuance of
Federal permits in the State. EPA will transfer any pending permit
applications, completed permits or pertinent file information to the
State within thirty (30) days of the approval of the State program. We
will not issue any more new permits or new portions of permits for the
provisions listed in the Table above after the effective date of this
authorization. EPA will continue to implement and issue permits for
HSWA requirements for which Tennessee is not authorized.
J. How Does Today's Action Affect Indian Country (18 U.S.C. 115) in
Tennessee?
Tennessee's Hazardous Waste Program is not being authorized to
operate in Indian country.
K. What Is Codification and Is EPA Codifying Tennessee'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 RR for this authorization of Tennessee's
program 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).
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' ``Policies that have tribal
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects on one or more Indian tribes, on
the relationship between the Federal government and the Indian tribes,
or on the distribution of power and responsibilities between the
Federal government and Indian tribes.'' This rule does not have tribal
implications. It will not have substantial direct effects on tribal
governments, 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, as specified in
Executive Order 13175. Tennessee is not approved to implement the RCRA
hazardous waste program in Indian country. This action has no effect on
the hazardous waste program that EPA implements in the Indian country
within the State. Thus, Executive Order 13175 does not apply to this
rule.
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.
[[Page 66346]]
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 22, 2001.
A. Stanley Meiburg,
Acting Regional Administrator, Region IV.
[FR Doc. 01-31489 Filed 12-21-01; 8:45 am]
BILLING CODE 6560-50-P