West Virginia: Final Authorization of State Hazardous Waste Management Program Revisions

SUPPLEMENTARY INFORMATION:

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?

On August 9, 2022, West Virginia submitted a final program revision application (with updated checklists submitted the following year) seeking authorization of revisions to its hazardous waste program that correspond to certain Federal rules promulgated through August 21, 2019.

EPA concludes that West Virginia's application to revise its authorized program meets all of the statutory and regulatory requirements established by RCRA, as set forth in RCRA section 3006(b), 42 U.S.C. 6926(b), and 40 CFR part 271. Therefore, EPA grants West Virginia final authorization to operate its hazardous waste program with the revisions described in its authorization application, as outlined below in section G of this preamble.

West 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 West 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 action serves to authorize revisions to West Virginia's authorized hazardous waste program. This action does not impose additional requirements on the regulated community because the regulations for which West Virginia is being authorized by this action are already effective and are not changed by this action. West 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:

• Perform inspections, and require monitoring, tests, analyses or reports;
• Enforce RCRA requirements and suspend or revoke permits; and
• Take enforcement actions regardless of whether West Virginia has taken its own actions.

D. Why was there not a proposed rule before this rule?

Along with this direct final rule, EPA is publishing a separate document in the “Proposed Rules” section of this issue of the Federal Register that serves as the proposal to authorize these State program revisions. EPA did not publish a proposed rulemaking before this issue of the Federal Register because EPA views this action as a routine program change and does not expect comments that oppose its approval. EPA is providing an opportunity for public comment now, as described in section E of this preamble.

E. What happens if EPA receives comments that oppose this action?

If EPA receives adverse comments pertaining to this State revision, EPA will withdraw this direct final rule by publishing a document in the Federal Register before the rule becomes effective. EPA will base any further decision on the authorization of West Virginia's program revisions on the proposed rulemaking mentioned in the previous section, after considering all comments received during the comment period. EPA will then address all relevant 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.

F. What has West Virginia previously been authorized for?

West Virginia initially received final authorization of its hazardous waste program effective May 29, 1986 (May 15, 1986, 51 FR 17739). EPA granted authorization for revisions to West Virginia's regulatory program on May 10, 2000, effective July 10, 2000 (65 FR 29973); October 16, 2003, effective December 15, 2003 (68 FR 59542); and November 25, 2013, effective January 24, 2014 (78 FR 70225).

G. What revisions is EPA authorizing with this action?

On August 9, 2022, West Virginia submitted a final program revision application (with subsequent corrections) seeking authorization of additional revisions to its hazardous waste program in accordance with 40 CFR 271.21. West Virginia's revision application includes various regulations that are equivalent to, and no less stringent than, selected Federal final hazardous waste rules, as published in the Federal Register through August 19, 2019.

EPA now makes a direct final rule, subject to receipt of written comments that oppose this action, that West Virginia's hazardous waste program revision application satisfies all of the requirements necessary to qualify for final authorization. Therefore, EPA grants West Virginia final authorization for the following program revisions:

1. Program Revision Changes for Federal Rules

West Virginia seeks authority to administer the Federal requirements that are listed in Table 1 of this preamble. This table lists the West Virginia analogs that have been revised; these revisions are being recognized as no less stringent than the analogous Federal requirements.

West Virginia's regulatory references are to the West Virginia Code of State Regulations, Title 33, Series 20 “Hazardous Waste Management System” (33CSR20), effective July 1, 2020; Title 45, Series 25 “Control of Air Pollution from Hazardous Waste Treatment, Storage and Disposal Facilities” (45CSR25), effective June 1, 2020; Title 150, Series 11 “Rules Governing the Transportation of Hazardous Waste by Rail” (150CSR11), effective December 24, 2002; and Title 157, Series 7 “Transportation of Hazardous Wastes Upon the Roads and Highways” (157CSR7), effective March 17, 2020.