80 FR 55032 - Louisiana: Final Authorization of State Hazardous Waste Management Program Revision
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 177 (September 14, 2015)
Federal Register Volume 80, Issue 177 (September 14, 2015)
| Page Range | 55032-55035 | |
| FR Document | 2015-23073 |
[Federal Register Volume 80, Number 177 (Monday, September 14, 2015)] [Rules and Regulations] [Pages 55032-55035] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-23073] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 271 [EPA-R06-2015-0070 RCRA; FRL-9933-79-Region 6] Louisiana: Final Authorization of State Hazardous Waste Management Program Revision AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: Louisiana has applied to the Environmental Protection Agency (EPA) for final authorization of the changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). The 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 action. The 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 receive written comments which oppose this authorization during the comment period, the decision to authorize Louisiana's changes 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 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 November 13, 2015 unless the EPA receives adverse written comment by October 14, 2015. If the EPA receives such comment, it 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 any comments identified by Docket ID No. EPA-R06- RCRA-2015-0070, by one of the following methods: 1. Federal eRulemaking Portal: http://www.regulations.gov. Follow the on-line instructions for submitting comments. 2. Email: patterson.alima@epa.gov. 3. Mail: Alima Patterson, Region 6, Regional Authorization Coordinator, State/Tribal Oversight Section (6PD-O), Multimedia Planning and Permitting Division, EPA Region 6, 1445 Ross Avenue, Dallas Texas 75202-2733. 4. Hand Delivery or Courier. Deliver your comments to Alima Patterson, Region 6, Regional Authorization Coordinator, State/Tribal Oversight Section (6PD-O), Multimedia Planning and Permitting Division, EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733. Instructions: Do not submit information that you consider to be CBI or otherwise protected through regulations.gov, or email. Direct your comment to Docket No. EPA-R06-RCRA-2015-0070. The Federal regulations.gov Web site is an ``anonymous access'' system, which means the 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 the EPA without going through regulations.gov, your email address will be automatically captured and included as part of the [[Page 55033]] comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, the 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 the EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, the 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. You can view and copy Louisiana's application and associated publicly available materials from 8:30 a.m. to 4 p.m. Monday through Friday at the following locations: Louisiana Department of Environmental Quality, 602 N. Fifth Street, Baton Rouge, Louisiana 70884-2178, phone number (225) 219-3559 and EPA, Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733, phone number (214) 665-8533. Interested persons wanting to examine these documents should make an appointment with the office at least two weeks in advance. FOR FURTHER INFORMATION CONTACT: Alima Patterson, Region 6, Regional Authorization Coordinator, State/Tribal Oversight Section (6PD-O), Multimedia Planning and Permitting Division, EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733, (214) 665-8533) and Email address patterson.alima@epa.gov. SUPPLEMENTARY INFORMATION: A. Why are revisions to State programs necessary? States which have received final authorization from the 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 the 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 the 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 Louisiana's application to revise its authorized program meets all of the statutory and regulatory requirements established by RCRA. Therefore, we grant Louisiana final authorization to operate its hazardous waste program with the changes described in the authorization application. Louisiana 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 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 the EPA promulgates under the authority of HSWA take effect in authorized States before they are authorized for the requirements. Thus, the EPA will implement those requirements and prohibitions in Louisiana 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 Louisiana 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. Louisiana has enforcement responsibilities under its State hazardous waste program for violations of such program, but the 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 and take enforcement actions after notice to and consultation with the State. This action does not impose additional requirements on the regulated community because the regulations for which Louisiana is being authorized by today's action are already effective under State law, and are not changed by today's action. D. Why wasn't there a proposed rule before today's rule? The 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 the EPA receives comments that oppose this action? If the 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. The 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 only 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. For what has Louisiana previously been authorized? The State of Louisiana initially received final authorization on February 7, 1985, (50 FR 3348), to implement its base Hazardous Waste Management Program. We granted authorization for changes to their program on November 28, 1989 (54 FR 48889) effective January 29, 1990; August 26, 1991 (56 FR 41958), as corrected October 15, 1991 (56 FR 51762) effective October 25, 1991; November 7, 1994 (59 FR 55368) effective January 23, 1995 (Note: on January 23, 1995 (60 FR 4380), the EPA responded to public adverse comments and affirmed the effective date for the November 7, 1994 final rule. Then on April 11, 1995 (60 FR 18360), the EPA also made administrative corrections for the January 23, 1995 Federal Register document); December 23, 1994 (59 FR 66200) effective March 8, 1995; October 17, 1995 (60 FR 53704) effective January 2, 1996; March 28, 1996 (61 FR 13777) effective June 11, 1996; December 29, 1997 (62 FR 67572) effective March 16, 1998; October 23, 1998 (63 FR 56830) effective December 22, 1998; August 25, 1999 (64 FR 46302) effective October 25, 1999; September 2, 1999 (64 FR 48099) effective November 1, 1999; February 28, 2000 (65 FR 10411) effective April 28, 2000; January 2, 2001 (66 FR 23) effective March 5, 2001; December 9, 2003 (68 FR 68526) effective February 9, 2004; June 10, 2005 (70 FR 33852) effective August 9, 2005; November 13, 2006 (71 FR 66116) effective January 12, [[Page 55034]] 2007; August 16, 2007 (72 FR 45905) effective October 15, 2007; May 20, 2009 (74 FR 23645) effective July 20, 2009; June 24, 2011(76 FR 122) effective August 23, 2011; and June 28, 2012 (77 FR 38530) effective August 27, 2012. On October 31, 2014, Louisiana applied for approval of its program revisions for specific rules in RCRA Clusters XXI, XXII and XXIII, in accordance with 40 CFR 271.21(b)(3). Since 1979 through the Environmental Affairs Act, Act 449 enabled the Office of Environmental Affairs within the Louisiana Department of Natural Resources, as well as, the Environmental Control Commission to conduct an effective program designed to regulate those who generate, transport, treat, store, dispose or recycle hazardous waste. During the 1983 Regular Session of the Louisiana Legislature, Act 97 was adopted, which amended and reenacted La. R. S. 30:1051 et seq. as the Environmental Quality Act, renaming the Environmental Affairs Act (Act 1938 of 1979). This Act created Louisiana Department of Environmental Quality (LDEQ), including provisions for new offices within this new Department of Environmental Quality. Act 97 also transferred the duties and responsibilities previously delegated to the Department of Natural Resources, Office of Environmental Affairs, to the new Department. The LDEQ has lead agency jurisdictional authority for administering the Resource Conservation and Recovery Act (RCRA) Subtitle C program in Louisiana. Also, the LDEQ is designated to facilitate communication between the EPA and the State. During the 1999 Regular Session of Louisiana Legislature, Act 303 revised the La. R. S. 30:2011 et seq., allowing LDEQ to reengineer the Department to perform more efficiently and to meet its strategic goals. G. What changes are we authorizing with today's action? On October 31, 2014, Louisiana submitted a final complete program revision application, seeking authorization of their 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 Louisiana's hazardous waste program revision satisfies all of the requirements necessary to qualify for Final authorization. Therefore, we grant the State of Louisiana Final authorization for the following changes: The State of Louisiana's program revisions consist of regulations which specifically govern Revision Checklists 227, 228, and 229 from RCRA Clusters XXI, XXII, XXIII, respectively, as documented in this Federal Register: ------------------------------------------------------------------------ Federal Register Description of Federal date and page requirement (include (and/or RCRA Analogous State checklist #, if relevant) statutory authority authority) ------------------------------------------------------------------------ 1. Revision of the Land 76 FR 34147- Environmental Disposal Treatment Standards 34157, June 13, Regulatory Code, for Carbamate Wastes. 2011. Louisiana Department (Checklist 227). of Environmental Quality, ERC Title 33, Part V. Hazardous Waste and Hazardous Materials, 2013 edition. Section 2299 Appendix Table 2, Treatment Standards for Hazardous Waste, and Table 7, Universal Treatment Standards, effective September 20, 2013. 2. Hazardous Waste Technical 77 FR 22229-22232 Environmental Corrections and April 13, 2012. Regulatory Code, Clarifications Rule. Louisiana Department (Checklist 228). of Environmental Quality, ERC Title 33, Part V. Hazardous Waste and Hazardous Materials, 2010 edition and the March 2012 Supplement. Sections 4901.C.Table 2, Hazardous Wastes from Specific Sources, and 4139.B.2, effective March 20, 2012. 3. Conditional Exclusions for 78 FR 46448-46485 Environmental Solvent Contaminated Wipes. July 31, 2013. Regulatory Code, (Checklist 229). Louisiana Department of Environmental Quality, ERC Title 33, Part V. Hazardous Waste and Hazardous Materials, 2013 edition and the July 2014 Supplement. Sections 109 No Free Liquids, 109.Solvent Contaminated wipe, 109.Wipe, 105.D.1.w, and 105.D.2.q, effective July 20, 2014. ------------------------------------------------------------------------ H. Where are the revised State rules different from the Federal Rules? In this authorization of the State of Louisiana program revisions for the RCRA Cluster XXI, XXII, and XXIII rules, there are no provisions that are more stringent or broader in scope. I. Who handles permits after the authorization takes effect? Louisiana will issue permits for all the provisions for which it is authorized and will administer the permits it issues. The 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. We will not issue any more new permits or new portions of permits for the provisions listed in the Table in this document after the effective date of this authorization. The EPA will continue to implement and issue permits for HSWA requirements for which Louisiana is not yet authorized. J. How does today's action affect Indian Country in Louisiana? Louisiana is not authorized to carry out its Hazardous Waste Program in Indian Country within the State. This authority remains with EPA. Therefore, this action has no effect in Indian Country. K. What is codification and is the EPA codifying Louisiana'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 CFR. We do this by referencing the authorized State rules in 40 CFR part 272. We reserve the amendment of 40 CFR part 272, subpart T for this authorization of Louisiana's program changes until a later date. In this authorization application the EPA is not codifying the rules documented in this Federal Register notice. L. Administrative Requirements The Office of Management and Budget (OMB) has exempted this action (RCRA State Authorization) from the requirements of Executive Order 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011). 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, this action will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 [[Page 55035]] 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 3006(b), the 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 the 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. 272 note) do not apply. As required by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing this rule, the EPA has taken the necessary steps to eliminate drafting errors and ambiguity, minimize potential litigation, and provide a clear legal standard for affected conduct. The 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.). Executive Order 12898 (59 FR 7629, Feb. 16, 1994) establishes federal executive policy on environmental justice. It's main provision directs federal agencies, to the greatest extent practicable and permitted by law, to make environmental justice part of their mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of their programs, policies, and activities on minority populations and low-income populations in the United States. Because this rule authorizes pre- existing State rules which are at least equivalent to, and no less stringent than existing federal requirements, and impose no additional requirements beyond those imposed by State law, and there are no anticipated significant adverse human health or environmental effects, the rule is not subject to Executive Order 12898. 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. The 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 nevertheless will be effective November 13, 2015. 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: August 21, 2015. Ron Curry, Regional Administrator, Region 6. [FR Doc. 2015-23073 Filed 9-11-15; 8:45 am] BILLING CODE 6560-50-P
![55032 Federal Register / Vol. 80, No. 177 / Monday, September 14, 2015 / Rules and Regulations
agency promulgating the rule must extend the time within which a petition PART 52—APPROVAL AND
submit a rule report, which includes a for judicial review may be filed, and PROMULGATION OF
copy of the rule, to each House of the shall not postpone the effectiveness of IMPLEMENTATION PLANS
Congress and to the Comptroller General such rule or action. This action may not
of the United States. EPA will submit a be challenged later in proceedings to ■ 1. The authority citation for part 52
report containing this action and other enforce its requirements. (See section continues to read as follows:
required information to the U.S. Senate, 307(b)(2).)
the U.S. House of Representatives, and Authority: 42 U.S.C. 7401 et seq.
the Comptroller General of the United List of Subjects in 40 CFR Part 52
States prior to publication of the rule in Environmental protection, Air Subpart R—Kansas
the Federal Register. A major rule pollution control, Carbon monoxide,
cannot take effect until 60 days after it Incorporation by reference, ■ 2. In § 52.870, the table in paragraph
is published in the Federal Register. Intergovernmental relations, Lead, (e) is amended by adding entry (42) at
This action is not a ‘‘major rule’’ as Nitrogen dioxide, Ozone, Particulate the end of the table to read as follows:
defined by 5 U.S.C. 804(2). matter, Reporting and recordkeeping
Under section 307(b)(1) of the CAA, § 52.870 Identification of plan.
requirements, Sulfur oxides, Volatile
petitions for judicial review of this organic compounds. * * * * *
action must be filed in the United States (e)* * *
Dated: August 20, 2015.
Court of Appeals for the appropriate
Mark Hague,
circuit by November 13, 2015. Filing a
petition for reconsideration by the Acting Regional Administrator, Region 7.
Administrator of this final rule does not For the reasons stated in the
affect the finality of this action for the preamble, EPA amends 40 CFR part 52
purposes of judicial review nor does it as set forth below:
EPA-APPROVED KANSAS NONREGULATORY PROVISIONS
Applicable geographic or State submittal
Name of nonregulatory SIP provision EPA approval date Explanation
nonattainment area date
* * * * * * *
(42) State Implementation Plan (SIP) Revision for the Statewide ......................... 3/10/15 9/14/15 [Insert Federal
Attainment and Maintenance of National Ambient Register citation]
Air Quality Standards for Regional Haze (2014
Five-Year Progress Report).
[FR Doc. 2015–23074 Filed 9–11–15; 8:45 am] is not controversial and do not expect 2. Email: patterson.alima@epa.gov.
BILLING CODE 6560–50–P comments that oppose it. Unless we 3. Mail: Alima Patterson, Region 6,
receive written comments which oppose Regional Authorization Coordinator,
this authorization during the comment State/Tribal Oversight Section (6PD–O),
ENVIRONMENTAL PROTECTION period, the decision to authorize Multimedia Planning and Permitting
AGENCY Louisiana’s changes to its hazardous Division, EPA Region 6, 1445 Ross
waste program will take effect. If we Avenue, Dallas Texas 75202–2733.
40 CFR Part 271 receive comments that oppose this 4. Hand Delivery or Courier. Deliver
[EPA–R06–2015–0070 RCRA; FRL–9933– action, we will publish a document in your comments to Alima Patterson,
79–Region 6] the Federal Register withdrawing this Region 6, Regional Authorization
rule before it takes effect, and a separate Coordinator, State/Tribal Oversight
Louisiana: Final Authorization of State document in the proposed rules section Section (6PD–O), Multimedia Planning
Hazardous Waste Management of this Federal Register will serve as a and Permitting Division, EPA Region 6,
Program Revision proposal to authorize the changes. 1445 Ross Avenue, Dallas, Texas 75202–
AGENCY: Environmental Protection DATES: This final authorization will 2733.
Agency (EPA). become effective on November 13, 2015 Instructions: Do not submit
unless the EPA receives adverse written information that you consider to be CBI
ACTION: Direct final rule.
comment by October 14, 2015. If the or otherwise protected through
SUMMARY: Louisiana has applied to the EPA receives such comment, it will regulations.gov, or email. Direct your
Environmental Protection Agency (EPA) publish a timely withdrawal of this comment to Docket No. EPA–R06–
for final authorization of the changes to direct final rule in the Federal Register RCRA–2015–0070. The Federal
its hazardous waste program under the and inform the public that this regulations.gov Web site is an
Resource Conservation and Recovery authorization will not take effect. ‘‘anonymous access’’ system, which
Act (RCRA). The EPA has determined ADDRESSES: Submit any comments means the EPA will not know your
that these changes satisfy all identified by Docket ID No. EPA–R06– identity or contact information unless
tkelley on DSK3SPTVN1PROD with RULES
requirements needed to qualify for final RCRA–2015–0070, by one of the you provide it in the body of your
authorization, and is authorizing the following methods: comment. If you send an email
State’s changes through this direct final 1. Federal eRulemaking Portal: comment directly to the EPA without
action. The EPA is publishing this rule http://www.regulations.gov. Follow the going through regulations.gov, your
to authorize the changes without a prior on-line instructions for submitting email address will be automatically
proposal because we believe this action comments. captured and included as part of the
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![Federal Register / Vol. 80, No. 177 / Monday, September 14, 2015 / Rules and Regulations 55035
U.S.C. 601 et seq.). Because this action Guidelines for the Evaluation of Risk Dated: August 21, 2015.
authorizes pre-existing requirements and Avoidance of Unanticipated Ron Curry,
under State law and does not impose Takings’’ issued under the Executive Regional Administrator, Region 6.
any additional enforceable duty beyond Order. This rule does not impose an [FR Doc. 2015–23073 Filed 9–11–15; 8:45 am]
that required by State law, it does not information collection burden under the BILLING CODE 6560–50–P
contain any unfunded mandate or provisions of the Paperwork Reduction
significantly or uniquely affect small Act of 1995 (44 U.S.C. 3501 et seq.).
governments, as described in the Executive Order 12898 (59 FR 7629, DEPARTMENT OF TRANSPORTATION
Unfunded Mandates Reform Act of 1995 Feb. 16, 1994) establishes federal
(Pub. L. 104–4). For the same reason, executive policy on environmental National Highway Traffic Safety
this action also does not significantly or justice. It’s main provision directs Administration
uniquely affect the communities of federal agencies, to the greatest extent
Tribal governments, as specified by practicable and permitted by law, to 49 CFR Part 577
Executive Order 13175 (65 FR 67249, make environmental justice part of their [Docket No. NHTSA–2015–0048]
November 9, 2000). This action will not mission by identifying and addressing,
have substantial direct effects on the as appropriate, disproportionately high RIN 2127–AL60
States, on the relationship between the and adverse human health or
national government and the States, or environmental effects of their programs, Defect and Noncompliance Notification
on the distribution of power and policies, and activities on minority AGENCY: National Highway Traffic
responsibilities among the various populations and low-income Safety Administration (NHTSA),
levels of government, as specified in populations in the United States. Department of Transportation (DOT).
Executive Order 13132 (64 FR 43255, Because this rule authorizes pre-existing ACTION: Final rule.
August 10, 1999), because it merely State rules which are at least equivalent
authorizes State requirements as part of to, and no less stringent than existing SUMMARY: This final rule amends
the State RCRA hazardous waste federal requirements, and impose no NHTSA’s regulation requiring motor
program without altering the additional requirements beyond those vehicle manufacturers and replacement
relationship or the distribution of power imposed by State law, and there are no equipment manufacturers to notify
and responsibilities established by anticipated significant adverse human owners and purchasers of a defect or
RCRA. This action also is not subject to health or environmental effects, the rule noncompliance in vehicles or
Executive Order 13045 (62 FR 19885, is not subject to Executive Order 12898. equipment that they produced. The
April 23, 1997), because it is not amendments in this final rule will
economically significant and it does not The Congressional Review Act, 5 clarify that a manufacturer of
make decisions based on environmental U.S.C. 801 et seq., as added by the Small replacement equipment providing a
health or safety risks. This rule is not Business Regulatory Enforcement defect or noncompliance notification
subject to Executive Order 13211, Fairness Act of 1996, generally provides pursuant to this regulation can inform
‘‘Actions Concerning Regulations That that before a rule may take effect, the the purchaser of the replacement
Significantly Affect Energy Supply, agency promulgating the rule must equipment of the manufacturer’s intent
Distribution, or Use’’ (66 FR 28355 (May submit a rule report, which includes a to remedy the defect or noncompliance
22, 2001)) because it is not a significant copy of the rule, to each House of the by refunding the purchase price of the
regulatory action under Executive Order Congress and to the Comptroller General replacement equipment. NHTSA is
12866. of the United States. The EPA will amending this regulation so that the
submit a report containing this regulation conforms to changes in the
Under RCRA 3006(b), the EPA grants document and other required
a State’s application for authorization as defect and noncompliance remedy
information to the U.S. Senate, the U.S. provisions in the National Traffic and
long as the State meets the criteria House of Representatives, and the
required by RCRA. It would thus be Motor Vehicle Safety Act (Safety Act)
Comptroller General of the United contained in the Moving Ahead for
inconsistent with applicable law for the States prior to publication in the
EPA, when it reviews a State Progress in the 21st Century Act (MAP–
Federal Register. A major rule cannot 21).
authorization application, to require the take effect until 60 days after it is
use of any particular voluntary DATES: Effective date: This final rule is
published in the Federal Register. This
consensus standard in place of another effective November 13, 2015.
action is not a ‘‘major rule’’ as defined Petitions for reconsideration: Petitions
standard that otherwise satisfies the by 5 U.S.C. 804(2). This action
requirements of RCRA. Thus, the for reconsideration of this final rule
nevertheless will be effective November must be received not later than October
requirements of section 12(d) of the 13, 2015.
National Technology Transfer and 29, 2015.
Advancement Act of 1995 (15 U.S.C. List of Subjects in 40 CFR Part 271 ADDRESSES: Any petitions for
272 note) do not apply. As required by reconsideration should refer to the
section 3 of Executive Order 12988 (61 Environmental protection, docket number of this document and be
FR 4729, February 7, 1996), in issuing Administrative practice and procedure, submitted to: Administrator, National
this rule, the EPA has taken the Confidential business information, Highway Traffic Safety Administration,
necessary steps to eliminate drafting Hazardous waste, Hazardous waste 1200 New Jersey Avenue SE., West
errors and ambiguity, minimize transportation, Indian lands, Building, Ground Floor, Docket Room
potential litigation, and provide a clear Intergovernmental relations, Penalties, W12–140, Washington, DC 20590.
tkelley on DSK3SPTVN1PROD with RULES
legal standard for affected conduct. The Reporting and recordkeeping FOR FURTHER INFORMATION CONTACT:
EPA has complied with Executive Order requirements. Thomas Healy, Office of Chief Counsel,
12630 (53 FR 8859, March 15, 1988) by Authority: This action is issued under the NHTSA, 1200 New Jersey Avenue SE.,
examining the takings implications of authority of sections 2002(a), 3006, and Washington, DC 20590. Mr. Healy’s
the rule in accordance with the 7004(b) of the Solid Waste Disposal Act as telephone number is (202) 366–2992.
‘‘Attorney General’s Supplemental amended 42 U.S.C. 6912(a), 6926, 6974(b). His fax number is (202) 493–3820.
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Document Created: 2018-02-26 10:15:13
Document Modified: 2018-02-26 10:15:13
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Direct final rule. | |
| Dates | This final authorization will become effective on November 13, 2015 unless the EPA receives adverse written comment by October 14, 2015. If the EPA receives such comment, it 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. | |
| Contact | Alima Patterson, Region 6, Regional Authorization Coordinator, State/Tribal Oversight Section (6PD-O), Multimedia Planning and Permitting Division, EPA Region 6, 1445 Ross | |
| FR Citation | 80 FR 55032 | |
| CFR Associated | Environmental Protection; Administrative Practice and Procedure; Confidential Business Information; Hazardous Waste; Hazardous Waste Transportation; Indian Lands; Intergovernmental Relations; Penalties and Reporting and Recordkeeping Requirements |
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