[Federal Register Volume 82, Number 52 (Monday, March 20, 2017)]
[Rules and Regulations]
[Pages 14327-14332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-05464]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[EPA-R04-RCRA-2016-0497; FRL-9959-14-Region 4]
Alabama: Final Authorization of State Hazardous Waste Management
Program Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: Alabama has applied to the United States Environmental
Protection Agency (EPA) for final authorization of 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 direct final rule. In the
``Proposed Rules'' section of today's Federal Register, EPA is also
publishing a separate document that serves as the proposal to authorize
these changes. EPA believes this action is not controversial and does
not expect comments that oppose it. Unless EPA receives written
comments that oppose this authorization during the comment period, the
decision to authorize Alabama's changes to its hazardous waste program
will take effect. If EPA receives comments that oppose this action, EPA
will publish a document in the Federal Register withdrawing today's
direct final rule before it takes effect, and the separate document
published in today's ``Proposed Rules'' section of this Federal
Register will serve as the proposal to authorize the changes.
DATES: This final authorization will become effective on May 19, 2017
unless EPA receives adverse written comment by April 19, 2017. If EPA
receives such comment, EPA will publish a timely withdrawal of this
direct final rule in the Federal Register and inform the public that
this authorization will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
RCRA-2016-0497, by one of the following methods:
Federal eRulemaking Portal: www.regulations.gov. Follow
the on-line instructions for submitting comments.
Email: [email protected].
Fax: (404) 562-9964 (prior to faxing, please notify the
EPA contact listed below).
Mail: Send written comments to Audrey Baker, RCRA Programs
and Materials Management Section, Materials and Waste Management
Branch, Resource Conservation and Restoration Division, U.S.
Environmental Protection Agency, Atlanta Federal Center, 61 Forsyth
Street SW., Atlanta, Georgia 30303-8960.
Hand Delivery or Courier: Deliver your comments to Audrey
Baker, RCRA Programs and Materials Management Section, Materials and
Waste Management Branch, Resource Conservation and Restoration
Division, U.S. Environmental Protection Agency, Atlanta Federal Center,
61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Such deliveries are
only accepted during the Regional Office's normal hours of operation,
and special
[[Page 14328]]
arrangements should be made for deliveries of boxed information.
Instructions: EPA must receive your comments by April 19, 2017.
Direct your comments to Docket ID No. EPA-R04-RCRA-2016-0497. EPA's
policy is that all comments received will be included in the public
docket without change and may be made available online at
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 www.regulations.gov or email. The
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 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 publicly 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, 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 www.epa.gov/epahome/dockets.htm).
Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
at www.regulations.gov, or in hard copy.
You may view and copy Alabama's applications and associated
publicly available materials from 8:00 a.m. to 4:00 p.m. at the
following locations: EPA Region 4, Resource Conservation and
Restoration Division, Atlanta Federal Center, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960; telephone number: (404) 562-8483; and the
Alabama Department of Environmental Management, 1400 Coliseum
Boulevard, Montgomery, Alabama 36110-2059; telephone number: (334) 271-
7700. Interested persons wanting to examine these documents should make
an appointment with the office at least a week in advance.
FOR FURTHER INFORMATION CONTACT: Audrey Baker, RCRA Programs and
Materials Management Section, Materials and Waste Management Branch,
Resource Conservation and Restoration Division, U.S. Environmental
Protection Agency, Atlanta Federal Center, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960; telephone number: (404) 562-8483; fax
number: (404) 562-9964; 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.
New Federal requirements and prohibitions imposed by Federal
regulations that EPA promulgates pursuant to the Hazardous and Solid
Waste Amendments of 1984 (HSWA) take effect in authorized States at the
same time that they take effect in unauthorized States. Thus, EPA will
implement those requirements and prohibitions in Alabama, including the
issuance of new permits implementing those requirements, until the
State is granted authorization to do so.
B. What decisions has EPA made in this rule?
On July 20, 2015 and August 15, 2016, Alabama submitted final
complete program revision applications seeking authorization of changes
to its hazardous waste program that correspond to certain Federal rules
promulgated between July 1, 2006 through June 30, 2008, and July 1,
2011 through June 30, 2014 (also known as RCRA Clusters XVII through
XVIII, and XXII through XXIII). EPA concludes that Alabama's
applications to revise its authorized program meet 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 Alabama final authorization to operate its hazardous waste
program with the changes described in the authorization applications,
and as outlined below in Section G of this document.
Alabama has responsibility for permitting treatment, storage, and
disposal facilities within its borders (except in Indian Country) and
for carrying out the aspects of the RCRA program described in its
revised program applications, subject to the limitations of HSWA, as
discussed above.
C. What is the effect of this authorization decision?
The effect of this decision is that the changes described in
Alabama's authorization applications will become part of the authorized
State hazardous waste program, and will therefore be federally
enforceable. Alabama will continue to have primary enforcement
authority and responsibility for its State hazardous waste program. EPA
retains its authorities under RCRA sections 3007, 3008, 3013, and 7003,
including its authority to:
Conduct inspections, and require monitoring, tests,
analyses, or reports;
Enforce RCRA requirements, including authorized State
program requirements, and suspend or revoke permits; and
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 Alabama is being
authorized by today's action are already effective and enforceable
requirements under State law, and are not changed by today's action.
D. Why wasn't there a proposed rule before today's rule?
Along with this direct final rule, EPA is publishing a separate
document in the ``Proposed Rules'' section of today's Federal Register
that serves as the proposal to authorize these State program changes.
EPA did not publish a proposed rule before today because EPA views this
as a routine program change and does not expect comments that oppose
this approval. EPA is providing an opportunity for public comment now,
as described in Section E of this document.
[[Page 14329]]
E. What happens if EPA receives comments that oppose this action?
If EPA receives comments that oppose this authorization, EPA will
withdraw today's 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 the State program changes on
the proposed rule mentioned in the previous section, after considering
all comments received during the comment period, and will address all
such comments in a later final rule. You may not have another
opportunity to comment on these State program changes. If you want to
comment on this authorization, you must do so at this time.
If EPA receives comments that oppose only the authorization of a
particular change to the State hazardous waste program, EPA will
withdraw that part of today's direct final 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 Alabama previously been authorized for?
Alabama initially received final authorization on December 8, 1987,
effective December 22, 1987 (52 FR 46466), to implement a hazardous
waste management program. EPA granted authorization for changes to
Alabama's program on the following dates: November 29, 1991, effective
January 28, 1992 (56 FR 60926); May 13, 1992, effective July 12, 1992
(57 FR 20422); October 21, 1992, effective December 21, 1992 (57 FR
47996); March 17, 1993, effective May 17, 1993 (58 FR 20422); September
24, 1993, effective November 23, 1993 (58 FR 49932); February 1, 1994,
effective April 4, 1994 (59 FR 4594); November 14, 1994, effective
January 13, 1995 (59 FR 56407); August 14, 1995, effective October 13,
1995 (60 FR 41818); February 14, 1996, effective April 15, 1996 (61 FR
5718); April 25, 1996, effective June 24, 1996 (61 FR 5718); November
21, 1997, effective February 10, 1998 (62 FR 62262); December 20, 2000,
effective February 20, 2001 (65 FR 79769); March 15, 2005, effective
May 16, 2005 (70 FR 12593); June 2, 2005, effective August 1, 2005 (70
FR 32247); September 13, 2006, effective November 13, 2006 (71 FR
53989); and April 2, 2008, effective June 2, 2008 (73 FR 17924).
G. What changes is EPA authorizing with this action?
On July 20, 2015 and August 15, 2016, Alabama submitted final
complete program revision applications seeking authorization of its
changes in accordance with 40 CFR 271.21. EPA now makes an immediate
final decision, subject to receipt of written comments that oppose this
action, that Alabama's hazardous waste program revisions are equivalent
to, consistent with, and no less stringent than the Federal program,
and therefore satisfy all of the requirements necessary to qualify for
final authorization. Therefore, EPA grants Alabama final authorization
for the following program changes:
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Description of Federal
requirement Federal Register date and page Analogous state authority \1\
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Checklist 214, Corrections to 71 FR 40254 7/14/06................ 335-14-1-.02(117)(b); -02(167); -.02(178);
Errors in the Code of Federal -.02(180); -.02(196); -.02(205); -
Regulations. .02(266); -.02(273);
335-14-1-.03(2)(a)1.; -.03(2)(d)1.(ii); -
.03(20)(a); -.03(21);
335-14-2-.01(2)(c)1.(i); -.01(3)(a)2.(i);
.01(4)(a)20.(v); -.01(4)(b)6.(i)(II); -
.01(4)(b)6.(ii); -.01(4)(b)6.(ii)(IV)-
(V); -.01(4)(b)9.; -.01(4)(e)2.(vi); -
.01(4)(e)3.(i); -.01(6)(a)2.(ii)-(iv); -
.01(6)(c)2.;
335-14-2-.03(2)(a)3.; -.03(2)(a)3.(i)-
(ii); -.03(2)(a)3.(ii)(I)-(IV); -
.03(2)(a)4.; -.03(2)(a)4.(i); -
.03(2)(a)4.(i)(I)-(IV); -
.03(2)(a)4.(i)(IV) Notes 1-4; -.03(5)(b);
335-14-2-.04(2)(a)/Table; -.04(3)(a)/Table
``K107'' and ``K069'' entries; -
.04(4)(e); -.04(4)(e)/Comment; -.04(4)(e)/
Table; -.04(4)(f); -.04(4)(f)/Table;
335-14-2 Appendices VII-VIII;
335-14-3-.03(5)(a)1.(iv);
335-14-3-.05(4)(b); -.05(7)(b); -
.05(9)(a)1.;
335-14-3-.07(1);
335-14-3-.09(3)(a)1.(ii); -.09(4)(b)1.(i);
-.09(4)(b)2.(i); -.09(5)(e); -.09(8)(a);
.09(8)(a)5.;
335-14-5-.01(1)(g)2.; -.01(4);
335-14-5-.02(4)(b)7.(iii)(II); -.02(8)(b);
-.02(9)(b)2.(iii);
335-14-5-.06(8)(a)1.; -.06(8)(a)1.(i); -
.06(8)(i)5.; -.06(9)(a)2.; -
.06(9)(g)4.(i); -.06(10)(h)2.; -
.06(12)(d);
335-14-5-.07(2)(c); -.07(3)(b)8.; -.07(6)-
(7); -.07(9)(c); -.07(10)(b)1.(ii);
335-14-5-.08(1)(c); -.08(3)(b)2.; -
.08(4)(b)7.; -.08(4)(b)8.; -.08(4)(e)5.;
.08(6)(a)3.(i); -.08(6)(d)6.; -
.08(6)(f)11.; -.08(8)(h)1.; -.08(12)(b);
.08(12)(f); -.08(12)(g) Letter From Chief
Financial Officer; -.08(12)(h)2.
Guarantee For Liability Coverage; -
.08(12)(h)2. Recitals, Item 13(a)
Certification of Valid Claim; -
.08(12)(h)2. Recitals, Item 14; -
.08(12)(i) Hazardous Waste Facility
Liability Endorsement, Item 2(e); -
.08(12)(j) Hazardous Waste Facility
Certificate of Liability Insurance, Item
2(d); -.08(12)(k) Irrevocable Standby
Letter of Credit; -.08(12)(k) Certificate
of Valid Claim; -.08(12)(l); -.08(12)(l)
Certification of Valid Claim; -.08(12)(m)
Trust Agreement, Section 8(c); -
.08(12)(n)1. Standby Trust Agreement,
Sections 3(c)(1), 3(e)(3), 12, and 16;
335-14-5-.09(6)(b)1.;
335-14-5-.10(4)(c)4. Note; -.10(4)(d)4.; -
.10(4)(e)2.(ii)-(iii); -.10(4)(e)2.(v)(I)-
(II); -.10(4)(e)3.(i)-(ii); -
.10(4)(g)1.(iii)-(iv); -
.10(4)(g)2.(i)(I);
[[Page 14330]]
335-14-5-.11(2)(c)1.(i)(II); -
.11(2)(c)2.(ii); -.11(2)(e)1.; -
.11(2)(e)2.(i)(II)-(III); -.11(4)(b)1.; -
.11(7)(a)2.;
335-14-5-.12(2)(a)2.(i)((I); -.12(3)(a)-
(b); -.12(10)(b);
335-14-5-.13(11)(c)7.; -.13(11)(d); -
.13(14)(a);
335-14-5-.14(2)(b)2.; -.14(3)(a); -
.14(3)(b); -.14(5)(b)1.; -.14(15)(f)2.; -
.14(18)(a);
335-14-5-.15(5)(b);
335-14-5-.19(3)(e)4.(iii); -
.19(3)(e)4.(iv)(VI); -
.19(3)(e)6.(iii)(V); -.19(4)(e); -
.19(5)(a); -.19(6)(e)6.;
335-14-5-.23(4)(a)1.; -.23(4)(a)4.(i); -
.23(4)(a)5.; -.23(4)(b); -.23(4)(m)2.; -
.23(4)(m)3.;
335-14-5-.24(1); -.24(2)(a); -
.24(2)(b)11.; -.24(2)(c)4.;
335-14-5-.27(1); -.27(4)-(6);
335-14-5-.28(1); -.28(9); -.28(15);
335-14-5-.29(1); -.29(11);
335-14-5-.30(2)(b)3.(iii); -.30(2)(c)3.; -
.30(2)(c)3.(i); -.30(2)(d); -.30(3)(a);
335-14-5-Appendix I/Table 1 and Table
2(d);
335-14-6-.01(1)(c)4.; -.01(1)(c)6.;
335-14-6-.02(3)(a)1.; -.02(5)(b)1.; -
.02(7)(b); -.02(10)(c)2.;
335-14-6-.04(7)(b);
335-14-6-.06(1)(d);
335-14-6-.07(1)(b)4.; -.07(2)(c); -
.07(3)(b)5.; -.07(3)(d)4.(iii)-(iv); -
.07(4)(b); -.07(4)(e)4.; -.07(8)(b); -
.07(10)(b)1.(ii);
335-14-6-.08(1)(b); -.08(1)(b)2.; -
.08(3)(a); -.08(6)(e)11.; -
.08(8)(a)1.(i); -.08(8)(b)1.(i)-(ii);
335-14-6-.09(5);
335-14-6-.10(4)(e)2.(v)(I)-(II); -
.10(4)(i)2.; -.10(5)(b)1.; -.10(5)(b)2.;
335-14-6-.10(8)(b); -.10(12)(c);
335-14-6-.11(2)(d)2.(i)(I)-(II); -
.11(5)(b)1.; -.11(9)(a)2.(iii)(IV); -
.11(9)(b)2.; -.11(10)(b)2.; -
.11(10)(b)3.;
335-14-6-.12(6)(b); -.12(10)(b)1.;
335-14-6-.13(11)(a)4.; -.13(12)(a)1.;
335-14-6-.14(2)(a); -.14(2)(d); -
.14(3)(b); -.14(4)(b)1.; -.14(13)(a)1.; -
.14(15)(f)1.(ii); -.14(15)(g)2.; -
.14(17); -.14(17)(c)-(d);
335-14-6-.17(6)(a)1.(i);
335-14-6-.23(2)(c); -.23(4)(a)4.(i); -
.23(4)(b); -.23(6)(b);
335-14-6-.27(4); -.27(6);
335-14-6-.28(14);
335-14-6-.29(1); -.29(6); -.29(8); -
.29(11);
335-14-6-.30(1)(d); -.30(2)(b)3.(i)(II); -
.30(2)(b)3.(iii); -.30(2)(c)3.; -
.30(2)(d);
335-14-6-Appendix I/Tables 1 and 2;
335-14-6-Appendix V/Table;
335-14-6-Appendix VI;
335-14-7-.06(1)(a);
335-14-7-.07(1)(a)/Table;
335-14-7-.08(1); -.08(3)-(4); -.08(7); -
.08(10);
335-14-7-.14 heading;
335-14-7-Appendices III-VII, IX, and XIII;
335-14-8-.01(1)(a)2.; -.01(1)(b); -
.01(1)(c)1.; -.01(1)(c)3.(i);
335-14-8-.02(1)(j)1.; -.02(2)(d)1.; -
.02(2)(d)2.; -.02(4)(k)7.; -.02(5)(a); -
.02(5)(b)11.(ii); -.02(5)(b)19.(iii); -
.02(5)(b)21.; -.02(8)(f); -.02(9)(b); -
.02(9)(g); -.02(11)(i)2.; -.02(17)(c)15.;
335-14-8-.03(4)(b);
335-14-8-.04(2)(c); -.04(3)(b)2.(ii)(I)-
(II);
335-14-8-.07(1)(a); -.07(3)(b)2.;
335-14-9-.01(2); -.01(4); -.01(6)-(7);
335-14-9-.02(5);
335-14-9-.04(1); -.04(3); -.04(5)-(6); -
.04(8)-(9);
335-14-9-.05(1);
335-14-9-Appendix VIII;
335-14-11-.02(4)(b); -.02(5)(a);
335-14-11-.03(5)(a);
335-14-17-.02(1)(b)2.; -.02(2); -.02(2)/
Table 1;
335-14-17-.05(5)(c)3.(i); -.05(5)(c)5.; -
.05(6)(a); -.05(6)(c)2.; -.05(7)(a);
335-14-17-.06(3)(a)-(b); -.06(3)(b)1.(ii);
-.06(3)(b)6.(ii)-(iii); -.06(6)(a); -
.06(6)(a)2.(i)(II); -.06(7)(a)2.; -
.06(8)(a)2.(iii); -.06(10);
335-14-17-.07(4)(b)3.; -.07(5)(e); and
335-14-17-.08(1)(b)1.
[[Page 14331]]
Checklist 215, Cathode Ray 71 FR 42928, 7/28/06............... 335-14-1-.02(28)-(31);
Tubes Rule. 335-14-2-.01(4)(a)22.(i)-(iv);
335-14-2-.04(9); and
335-14-2-.05(1)-(3).
Checklist 218, F019 Exemption 73 FR 31756, 6/4/08................ 335-14-1-.02(1)(a)(158);
for Wastewater Treatment 335-14-2-.04(2)(b)4.; -.04(2)(b)4.(i); and
Sludges from Auto -.04(2)(a)/Table.
Manufacturing Zinc Phosphating
Processes.
Checklist 228, Hazardous Waste 77 FR 22229........................ 335-14-2-.04(3)(a) entry for K107; and
Technical Corrections and 4/13/12............................ 335-14-7-.03(1)(b).
Clarifications Rule.
Checklist 229, Conditional 78 FR 46448........................ 335-14-1-.02(1)(a)177.; -.02(1)(a)248.; -
Exclusions for Solvent 7/31/13............................ .02(1)(a)312.;
Contaminated Wipes. 335-14-2-.01(4)(a)26.; -.01(4)(a)26.(i)-
(v); -.01(4)(a)26.(v)(I)-(IV); -
.01(4)(a)26.(vi); -.01(4)(b)(18); -
.01(4)(b)(18)(i)-(v); -
.01(4)(b)(18)(v)(I)-(IV); -
.01(4)(b)(18)(vi); and -
.01(4)(b)(18)(vi)(I)-(II).
----------------------------------------------------------------------------------------------------------------
\1\ The Alabama provisions are from the Alabama Hazardous Waste Management Rules 335-14-1, effective May 27,
2008 (Checklists 214 and 215); March 31, 2009 (Checklist 218); March 26, 2013 (Checklist 228); and March 31,
2015 (Checklist 229).
H. Where are the revised State rules different from the Federal rules?
We consider the following State requirements to be more stringent
than the Federal requirements: Rules 335-14-2-.01(4)(a)26.(v)(IV) and
335-14-2-.01(4)(b)(18)(v)(IV) (from RCRA Cluster XXIII, Checklist 229)
because, in addition to the three types of records required by the
federal regulation, the State requires generators to maintain in their
onsite records, documentation that verifies that ``no free liquids''
were present in the container prior to shipment. The Federal
requirements found at 40 CFR 261.4(a)(26)(v) and 261.4(b)(18)(v) do not
include this record keeping requirement. These requirements are part of
Alabama's authorized program and are federally enforceable.
EPA cannot delegate the Federal requirements at 40 CFR
261.39(a)(5), 261.40, and 261.41 contained in the Cathode Ray Tubes
Rule set forth in 71 FR 42928 (July 28, 2006). Although Alabama has
adopted these requirements at Rules 335-14-2-.05(1)(a)5., 335-14-
2-.05(2), and 335-14-2-.05(3), EPA will continue to implement those
requirements.
I. Who handles permits after the authorization takes effect?
Alabama 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 EPA issued prior to the effective date of this authorization
until they expire or are terminated. EPA will not issue any more
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
Alabama is not authorized.
J. How does today's action affect Indian Country (18 U.S.C. 1151) in
Alabama?
Alabama is not authorized to carry out its hazardous waste program
in Indian Country within the State, which includes the Poarch Band of
Creek Indians. EPA will continue to implement and administer the RCRA
program in these lands.
K. What is codification and is EPA codifying Alabama'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. EPA does this by
referencing the authorized State rules in 40 CFR part 272. EPA is not
codifying the authorization of Alabama's changes at this time. However,
EPA reserves the amendment of 40 CFR part 272, subpart B, for the
authorization of Alabama's program changes at a later date.
L. Administrative Requirements
The Office of Management and Budget (OMB) 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 also does not significantly or uniquely affect the communities
of Tribal governments, as specified by Executive Order 13175 (65 FR
67249, November 9, 2000). 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.
Under RCRA section 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 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
[[Page 14332]]
requirements of section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C. 272 note) 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 15, 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
seq.
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 May 19, 2017, unless objections to this
authorization are received.
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, and 6974(b).
Dated: March 9, 2017.
V. Anne Heard,
Acting Regional Administrator, Region 4.
[FR Doc. 2017-05464 Filed 3-17-17; 8:45 am]
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