81 FR 85438 - Determination of Full Program Adequacy of Washington's Municipal Solid Waste Landfill Permitting Program
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 228 (November 28, 2016)
Federal Register Volume 81, Issue 228 (November 28, 2016)
| Page Range | 85438-85440 | |
| FR Document | 2016-26754 |
[Federal Register Volume 81, Number 228 (Monday, November 28, 2016)] [Rules and Regulations] [Pages 85438-85440] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-26754] [[Page 85438]] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 239 and 258 [EPA-R10-RCRA-2016-0629; FRL 9928-27-Region 10] Determination of Full Program Adequacy of Washington's Municipal Solid Waste Landfill Permitting Program AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: Under the Resource Conservation and Recovery Act, as amended by the Hazardous and Solid Waste Amendments, States must develop and implement permit programs for Municipal Solid Waste Landfills (MSWLFs) and seek an adequacy determination by the Environmental Protection Agency (EPA). This rule documents EPA's determination that Washington's MSWLF permit program is adequate to ensure compliance with Federal MSWLF requirements. DATES: This direct final rule will become effective February 27, 2017 without further notice, unless EPA receives adverse comments on or before January 27, 2017. If written adverse comments are received, the EPA will publish a timely withdrawal of the rule in the Federal Register. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10- RCRA-2016-0629 by one of the following methods:www.regulations.gov: Follow the on-line instructions for submitting comments. Email: [email protected]. Fax: (206) 553-6640, to the attention of Domenic Calabro. Mail: Send written comments to Domenic Calabro, U.S. EPA, Region 10, 1200 Sixth Avenue, Suite 900, Mailstop: AW-150, Seattle, WA 98101. Hand Delivery or Courier: Deliver your comments to: Domenic Calabro, Office of Air and Waste, U.S. EPA, Region 10, 1200 Sixth Avenue, Suite 900, Mailstop: AW-150, Seattle, WA 98101. Such deliveries are only accepted during the Office's normal hours of operation. Instructions: Identify your comments as relating to Docket ID No. EPA-R10-RCRA-2016-0629. The 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 claimed to be 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 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 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 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. For additional information about the EPA's public docket visit the EPA Docket Center homepage at http://www.epa.gov/dockets/. Docket: EPA has established a docket for this action under Docket ID No. EPA-R10-RCRA-2016-0629. All documents in the docket are listed on the www.regulations.gov Web site. Although it may be listed in the index, some information might not be publicly available, e.g., CBI or other information the disclosure of which is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through www.regulations.gov or in hard copy at the U.S. Region 10 Library, 1200 Sixth Avenue, Seattle, Washington by appointment only; please telephone (206) 553-1289 to make an appointment. FOR FURTHER INFORMATION CONTACT: U.S. EPA Region 10, 1200 Sixth Avenue, Suite 900, Mailcode: AW-150, Seattle, Washington, 98101 Attn: Mr. Domenic Calabro. Telephone: (206) 553-6640. SUPPLEMENTARY INFORMATION: I. Background On October 9, 1991, the Environmental Protection Agency (EPA) promulgated the ``Solid Waste Disposal Facility Criteria: Final Rule'' (56 FR 50978). That rule established part 258 of Title 40 of the Code of Federal Regulations (CFR). The criteria set out in 40 CFR part 258 include location restrictions and standards for design, operation, groundwater monitoring, corrective action, financial assurance, and closure and post-closure care for MSWLFs. The 40 CFR part 258 criteria establish minimum Federal standards that take into account the practical capability of owners and operators of MSWLFs while ensuring that these facilities are designed and managed in a manner that is protective of human health and the environment. Section 4005(c)(1)(B) of subtitle D of the Resource Conservation and Recovery Act (RCRA), as amended by the Hazardous and Solid Waste Amendments of 1984, requires States to develop and implement permit programs to ensure that MSWLFs comply with the 40 CFR part 258 criteria. RCRA section 4005(c)(1)(C) requires EPA to determine whether the permit programs that States develop and implement for these facilities are adequate. To fulfill this requirement to determine whether State permit programs that implement the 40 CFR part 258 criteria are adequate, EPA promulgated the State Implementation Rule (SIR) (63 FR 57025, Oct. 23, 1998). The SIR, which established part 239 of Title 40 of the CFR, has the following four purposes: (1) Lay out the requirements that State programs must satisfy to be determined adequate; (2) confirm the process for EPA approval or partial approval of State MSWLF permit programs; (3) provide the procedures for withdrawal of such approvals; and (4) establish a flexible framework for modifications of approved programs. Only those owners and operators located in States with approved permit programs for MSWLFs can use the site-specific flexibility provided by 40 CFR part 258, to the extent the State permit program allows such flexibility. Every standard in the 40 CFR part 258 criteria is designed to be implemented by the owner or operator with or without oversight or participation by EPA or the State regulatory agency. States with approved programs may choose to require facilities to comply with the 40 CFR part 258 criteria exactly, or they may choose to allow owners and operators to use site-specific alternative approaches to meet the Federal criteria. The flexibility that an owner or operator may be allowed under an approved State program can provide a significant reduction in the burden associated with complying with the 40 CFR part 258 [[Page 85439]] criteria. Regardless of the approval status of a State and the permit status of any facility, the 40 CFR part 258 criteria shall apply to all permitted and unpermitted MSWLFs. As EPA explained in the preamble to the revised Federal MSWLF criteria, EPA expects that any owner or operator complying with provisions in a State program approved by EPA should be considered to be in compliance with the revised Federal MSWLF criteria. To receive a determination of adequacy for a MSWLF permit program under the SIR, a State must have enforceable standards for new and existing MSWLFs. These State standards must be technically comparable to the 40 CFR part 258 criteria. In addition, the State must have the authority to issue a permit or other notice of prior approval and conditions to all new and existing MSWLFs in its jurisdiction. The State also must provide for public participation in permit issuance and enforcement, as required in RCRA section 7004(b). Finally, the State must demonstrate that it has sufficient compliance monitoring and enforcement authorities to take specific action against any owner or operator that fails to comply with an approved permit program. EPA expects States to meet all of these requirements for all elements of a permit program before it gives full approval to a State's program. On April 9, 1993, Washington submitted an application to obtain a partial program adequacy determination for the State's MSWLF permit program under Section 4005 of RCRA. EPA reviewed Washington's application and published a determination of partial program adequacy on March 31, 1994 (FR Vol. 59, No. 62) for those portions of the MSWLF permit program that were adequate to ensure compliance with the revised Federal MSWLF criteria. Washington made amendments to Chapter 173-351 of the Washington Administrative Code, which became effective in November 2012 and November 2015. On June 16, 2016, Washington submitted to EPA an amended application which incorporated the amendments, seeking a determination of full program adequacy for Washington's MSWLF permitting program. The amended application included a detailed description of changes made to Washington's MSWLF permitting program since the March 31, 1994 EPA determination of partial program adequacy. Specifically, Washington addressed the following portions of its MSWLF permit program that were not approved in the March 31, 1994 determination of partial program adequacy: (1) Revised the definitions of Existing MSWLF Unit and Lateral Expansion, per the federal regulations found in 40 CFR 258.2. (2) Eliminated equivalent and arid liner designs in the state rule, retained composite liner requirements, and incorporated an option for alternate liner design, consistent with federal regulations. (3) Revised the rules to require monitoring for total metals in groundwater. (4) Adopted revisions to Appendix 3 of WAC 173-351-990 to include two hazardous organic constituents: 2,3,7,8-Tetrachlorodibenzo- p- dioxin - [CAS 1746-01-6] and alpha, alpha-Dimethylphenethylamine [CAS 122-09-8]. This revision affects landfills that are required to perform assessment monitoring under the rule, and is necessary to be consistent with federal rules in 40 CFR part 258. (5) Adopted new post-closure care period criteria, which are based on potential risk to human and environmental receptors, per 40 CFR part 258.61(b). (6) Made revisions to allow for issuance of Research, Development, and Demonstration (RD&D) landfill permits, pursuant to the 2004 rulemaking by EPA (69 FR 13242, March 22, 2004). Washington Assistant Attorney General, Jonathan C. Thompson, certified in a letter dated June 10, 2016 that the regulations cited in the Washington Department of Ecology's Amended Application for Municipal Solid Waste Facilities Program Determination of Adequacy were enacted and full effective at the time of the application and will continue to be when the state's permit program is fully approved. II. Decision In addition to those portions of the State's MSWLF permit program that were approved on March 31, 1994, EPA has determined that the State's revised MSWLF permit program will ensure adequacy with the Federal criteria in 40 CFR part 258. In addition, Washington has demonstrated that its MSWLF permit program contains specific provisions for public participation, compliance monitoring, and enforcement. After reviewing Washington's amended application, EPA has concluded that Washington's MSWLF permit program meets all of the statutory and regulatory requirements established by RCRA. Accordingly, Washington is granted a determination of full program adequacy for its MSWLF permitting program. By finding that Washington's MSWLF permit program is adequate, EPA does not intend to affect the rights of Federally-recognized Indian Tribes in Washington, nor does it intend to limit the existing rights of the State of Washington. RCRA section 4005(a) provides that citizens may use the citizen suit provisions of RCRA section 7002 to enforce the 40 CFR part 258 criteria independent of any State enforcement program. III. Statutory and Executive Order Reviews Additional information about these statutes and Executive Orders can be found at http://www.epa.gov/laws-regulations/laws-and-executive-orders. A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review This action is not a significant regulatory action and was therefore not submitted to the Office of Management and Budget (OMB) for review. B. Paperwork Reduction Act (PRA) This action does not impose any new Information Collection Request (ICR) burden under the PRA. The purpose of this action is to approve amendments to Washington's MSWLF permitting program which result in it meeting all of the statutory and regulatory requirements established by RCRA. The OMB has previously approved the information collection activities contained in the ICR for 40 CFR part 239, Requirements for State Permit Program Determination of Adequacy and part 258, MSWLF Criteria. This action does not impose any additional reporting requirements. C. Regulatory Flexibility Act (RFA) EPA certifies that this action will not have a significant economic impact on a substantial number of small entities under the RFA. In making this determination, the impact of concern is any significant adverse economic impact on small entities. An agency may certify that a rule will not have a significant economic impact on a substantial number of small entities if the rule relieves regulatory burden, has no net burden or otherwise has a positive economic effect on the small entities subject to the rule. This rule will not create any additional burden for small entities. Small entities are not required to take any action as a consequence of this rule, and this action will not have a significant impact on a substantial number of small entities. We have therefore concluded that this [[Page 85440]] action will have no net regulatory burden for all directly regulated small entities. D. Unfunded Mandates Reform Act (UMRA) This action does not contain any unfunded mandate as described in UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect small governments. The action imposes no enforceable duty on any state, local, or tribal governments or the private sector. The costs involved in this action are imposed only by voluntary participation in a federal program. E. Executive Order 13132: Federalism This action does not have federalism implications. It 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. F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments This action does not have tribal implications as specified in Executive Order 13175. The EPA has concluded that this action will have no new tribal implications, nor would it present any additional burden on the tribes. It will neither impose substantial direct compliance costs on tribal governments, nor preempt tribal law. Thus, Executive Order 13175 does not apply to this action. G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks This action is not subject to Executive Order 13045, because it is not economically significant as defined in Executive Order 12866, and because the EPA does not believe the environmental health or safety risks addressed by this action present a disproportionate risk to children. Washington has incorporated those requirements from the Federal MSWLF landfill criteria (40 CFR part 258) not found in Washington's existing program and EPA has determined that Washington's program includes terms and conditions that are at least as protective as the MSWLF landfill criteria for municipal solid waste landfills, to assure protection of human health and the environment. H. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution or Use This action is not subject to Executive Order 13211, because it is not a significant regulatory action under Executive Order 12866. I. National Technology Transfer and Advancement Act (NTTAA) This rulemaking does not involve technical standards. J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations The purpose of this action is to approve amendments to Washington's MSWLF permitting program which result in it meeting all of the statutory and regulatory requirements established by RCRA. The EPA believes that the human health and environmental risk addressed by this action will not have a new disproportionately high and adverse human health or environmental effects on minority, low-income or indigenous populations. K. Congressional Review Act (CRA) This action is subject to the CRA, and the EPA will submit a rule report to each House of the Congress and to the Comptroller General of the United States. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). List of Subjects 40 CFR Part 239 Environmental protection, Administrative practice and procedure, Intergovernmental relations, Waste treatment and disposal. 40 CFR Part 258 Environmental protection, Reporting and recordkeeping requirements, Waste treatment and disposal, Water pollution control. Authority: This action is issued under the authority of section 2002, 4005 and 4010(c) of the Solid Waste Disposal Act, as amended, 42 U.S.C. 6912, 6945 and 6949(a). Dated: October 20, 2016. Dennis J. McLerran, Regional Administrator, EPA Region 10. [FR Doc. 2016-26754 Filed 11-25-16; 8:45 am] BILLING CODE 6560-50-P
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ENVIRONMENTAL PROTECTION information claimed to be Confidential Facility Criteria: Final Rule’’ (56 FR
AGENCY Business Information (CBI) or claimed 50978). That rule established part 258 of
to be other information whose Title 40 of the Code of Federal
40 CFR Parts 239 and 258 disclosure is restricted by statute. Do Regulations (CFR). The criteria set out
[EPA–R10–RCRA–2016–0629; FRL 9928– not submit information that you in 40 CFR part 258 include location
27–Region 10] consider to be CBI or otherwise restrictions and standards for design,
protected through www.regulations.gov operation, groundwater monitoring,
Determination of Full Program or email. The www.regulations.gov Web corrective action, financial assurance,
Adequacy of Washington’s Municipal site is an ‘‘anonymous access’’ system, and closure and post-closure care for
Solid Waste Landfill Permitting which means the EPA will not know MSWLFs. The 40 CFR part 258 criteria
Program your identity or contact information establish minimum Federal standards
unless you provide it in the body of that take into account the practical
AGENCY: Environmental Protection your comment. If you send an email capability of owners and operators of
Agency (EPA). comment directly to the EPA without MSWLFs while ensuring that these
ACTION: Direct final rule. going through www.regulations.gov, facilities are designed and managed in
your email address will be a manner that is protective of human
SUMMARY: Under the Resource
automatically captured and included as health and the environment. Section
Conservation and Recovery Act, as
part of the comment that is placed in the 4005(c)(1)(B) of subtitle D of the
amended by the Hazardous and Solid
public docket and made available on the Resource Conservation and Recovery
Waste Amendments, States must
Internet. If you submit an electronic Act (RCRA), as amended by the
develop and implement permit Hazardous and Solid Waste
programs for Municipal Solid Waste comment, the EPA recommends that
you include your name and other Amendments of 1984, requires States to
Landfills (MSWLFs) and seek an develop and implement permit
adequacy determination by the contact information in the body of your
comment and with any disk or CD–ROM programs to ensure that MSWLFs
Environmental Protection Agency comply with the 40 CFR part 258
(EPA). This rule documents EPA’s you submit. If the EPA cannot read your
comment due to technical difficulties criteria. RCRA section 4005(c)(1)(C)
determination that Washington’s requires EPA to determine whether the
MSWLF permit program is adequate to and cannot contact you for clarification,
the EPA may not be able to consider permit programs that States develop and
ensure compliance with Federal implement for these facilities are
MSWLF requirements. your comment. Electronic files should
avoid the use of special characters, any adequate.
DATES: This direct final rule will To fulfill this requirement to
form of encryption, and be free of any
become effective February 27, 2017 determine whether State permit
defects or viruses. For additional
without further notice, unless EPA programs that implement the 40 CFR
information about the EPA’s public
receives adverse comments on or before part 258 criteria are adequate, EPA
docket visit the EPA Docket Center
January 27, 2017. If written adverse promulgated the State Implementation
homepage at http://www.epa.gov/
comments are received, the EPA will Rule (SIR) (63 FR 57025, Oct. 23, 1998).
dockets/.
publish a timely withdrawal of the rule Docket: EPA has established a docket The SIR, which established part 239 of
in the Federal Register. for this action under Docket ID No. Title 40 of the CFR, has the following
ADDRESSES: Submit your comments, EPA–R10–RCRA–2016–0629. All four purposes: (1) Lay out the
identified by Docket ID No. EPA–R10– documents in the docket are listed on requirements that State programs must
RCRA–2016–0629 by one of the the www.regulations.gov Web site. satisfy to be determined adequate; (2)
following methods: Although it may be listed in the index, confirm the process for EPA approval or
• www.regulations.gov: Follow the some information might not be publicly partial approval of State MSWLF permit
on-line instructions for submitting available, e.g., CBI or other information programs; (3) provide the procedures for
comments. the disclosure of which is restricted by withdrawal of such approvals; and (4)
• Email: calabro.domenic@epa.gov. statute. Certain other material, such as establish a flexible framework for
• Fax: (206) 553–6640, to the modifications of approved programs.
copyrighted material, is not placed on
attention of Domenic Calabro. Only those owners and operators
• Mail: Send written comments to the Internet and will be publicly
located in States with approved permit
Domenic Calabro, U.S. EPA, Region 10, available only in hard copy form.
programs for MSWLFs can use the site-
1200 Sixth Avenue, Suite 900, Mailstop: Publicly available docket materials are specific flexibility provided by 40 CFR
AW–150, Seattle, WA 98101. available either electronically through part 258, to the extent the State permit
• Hand Delivery or Courier: Deliver www.regulations.gov or in hard copy at program allows such flexibility. Every
your comments to: Domenic Calabro, the U.S. Region 10 Library, 1200 Sixth standard in the 40 CFR part 258 criteria
Office of Air and Waste, U.S. EPA, Avenue, Seattle, Washington by is designed to be implemented by the
Region 10, 1200 Sixth Avenue, Suite appointment only; please telephone owner or operator with or without
900, Mailstop: AW–150, Seattle, WA (206) 553–1289 to make an oversight or participation by EPA or the
98101. Such deliveries are only appointment. State regulatory agency. States with
accepted during the Office’s normal FOR FURTHER INFORMATION CONTACT: U.S. approved programs may choose to
hours of operation. EPA Region 10, 1200 Sixth Avenue, require facilities to comply with the 40
Instructions: Identify your comments Suite 900, Mailcode: AW–150, Seattle, CFR part 258 criteria exactly, or they
as relating to Docket ID No. EPA–R10– Washington, 98101 Attn: Mr. Domenic may choose to allow owners and
mstockstill on DSK3G9T082PROD with RULES
RCRA–2016–0629. The EPA’s policy is Calabro. Telephone: (206) 553–6640. operators to use site-specific alternative
that all comments received will be SUPPLEMENTARY INFORMATION: approaches to meet the Federal criteria.
included in the public docket without The flexibility that an owner or operator
change and may be made available I. Background may be allowed under an approved
online at www.regulations.gov, On October 9, 1991, the State program can provide a significant
including any personal information Environmental Protection Agency (EPA) reduction in the burden associated with
provided, unless the comment includes promulgated the ‘‘Solid Waste Disposal complying with the 40 CFR part 258
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criteria. Regardless of the approval (1) Revised the definitions of Existing By finding that Washington’s MSWLF
status of a State and the permit status of MSWLF Unit and Lateral Expansion, per permit program is adequate, EPA does
any facility, the 40 CFR part 258 criteria the federal regulations found in 40 CFR not intend to affect the rights of
shall apply to all permitted and 258.2. Federally-recognized Indian Tribes in
unpermitted MSWLFs. As EPA (2) Eliminated equivalent and arid Washington, nor does it intend to limit
explained in the preamble to the revised liner designs in the state rule, retained the existing rights of the State of
Federal MSWLF criteria, EPA expects composite liner requirements, and Washington. RCRA section 4005(a)
that any owner or operator complying incorporated an option for alternate provides that citizens may use the
with provisions in a State program liner design, consistent with federal citizen suit provisions of RCRA section
approved by EPA should be considered regulations. 7002 to enforce the 40 CFR part 258
to be in compliance with the revised (3) Revised the rules to require criteria independent of any State
Federal MSWLF criteria. monitoring for total metals in enforcement program.
To receive a determination of groundwater.
adequacy for a MSWLF permit program III. Statutory and Executive Order
(4) Adopted revisions to Appendix 3 Reviews
under the SIR, a State must have of WAC 173–351–990 to include two
enforceable standards for new and hazardous organic constituents: 2,3,7,8- Additional information about these
existing MSWLFs. These State standards Tetrachlorodibenzo- p-dioxin - [CAS statutes and Executive Orders can be
must be technically comparable to the 1746–01–6] and alpha, alpha- found at http://www.epa.gov/laws-
40 CFR part 258 criteria. In addition, the Dimethylphenethylamine [CAS 122–09– regulations/laws-and-executive-orders.
State must have the authority to issue a 8]. This revision affects landfills that are A. Executive Order 12866: Regulatory
permit or other notice of prior approval required to perform assessment
and conditions to all new and existing Planning and Review and Executive
monitoring under the rule, and is Order 13563: Improving Regulation and
MSWLFs in its jurisdiction. The State necessary to be consistent with federal
also must provide for public Regulatory Review
rules in 40 CFR part 258.
participation in permit issuance and This action is not a significant
(5) Adopted new post-closure care regulatory action and was therefore not
enforcement, as required in RCRA
period criteria, which are based on submitted to the Office of Management
section 7004(b). Finally, the State must
potential risk to human and and Budget (OMB) for review.
demonstrate that it has sufficient
environmental receptors, per 40 CFR
compliance monitoring and B. Paperwork Reduction Act (PRA)
part 258.61(b).
enforcement authorities to take specific
action against any owner or operator (6) Made revisions to allow for This action does not impose any new
that fails to comply with an approved issuance of Research, Development, and Information Collection Request (ICR)
permit program. EPA expects States to Demonstration (RD&D) landfill permits, burden under the PRA. The purpose of
meet all of these requirements for all pursuant to the 2004 rulemaking by EPA this action is to approve amendments to
elements of a permit program before it (69 FR 13242, March 22, 2004). Washington’s MSWLF permitting
gives full approval to a State’s program. Washington Assistant Attorney program which result in it meeting all
On April 9, 1993, Washington General, Jonathan C. Thompson, of the statutory and regulatory
submitted an application to obtain a certified in a letter dated June 10, 2016 requirements established by RCRA. The
partial program adequacy determination that the regulations cited in the OMB has previously approved the
for the State’s MSWLF permit program Washington Department of Ecology’s information collection activities
under Section 4005 of RCRA. EPA Amended Application for Municipal contained in the ICR for 40 CFR part
reviewed Washington’s application and Solid Waste Facilities Program 239, Requirements for State Permit
published a determination of partial Determination of Adequacy were Program Determination of Adequacy
program adequacy on March 31, 1994 enacted and full effective at the time of and part 258, MSWLF Criteria. This
(FR Vol. 59, No. 62) for those portions the application and will continue to be action does not impose any additional
of the MSWLF permit program that were when the state’s permit program is fully reporting requirements.
adequate to ensure compliance with the approved.
C. Regulatory Flexibility Act (RFA)
revised Federal MSWLF criteria. II. Decision
Washington made amendments to EPA certifies that this action will not
Chapter 173–351 of the Washington In addition to those portions of the have a significant economic impact on
Administrative Code, which became State’s MSWLF permit program that a substantial number of small entities
effective in November 2012 and were approved on March 31, 1994, EPA under the RFA. In making this
November 2015. On June 16, 2016, has determined that the State’s revised determination, the impact of concern is
Washington submitted to EPA an MSWLF permit program will ensure any significant adverse economic
amended application which adequacy with the Federal criteria in 40 impact on small entities. An agency may
incorporated the amendments, seeking a CFR part 258. In addition, Washington certify that a rule will not have a
determination of full program adequacy has demonstrated that its MSWLF significant economic impact on a
for Washington’s MSWLF permitting permit program contains specific substantial number of small entities if
program. The amended application provisions for public participation, the rule relieves regulatory burden, has
included a detailed description of compliance monitoring, and no net burden or otherwise has a
changes made to Washington’s MSWLF enforcement. After reviewing positive economic effect on the small
permitting program since the March 31, Washington’s amended application, entities subject to the rule. This rule
mstockstill on DSK3G9T082PROD with RULES
1994 EPA determination of partial EPA has concluded that Washington’s will not create any additional burden for
program adequacy. Specifically, MSWLF permit program meets all of the small entities. Small entities are not
Washington addressed the following statutory and regulatory requirements required to take any action as a
portions of its MSWLF permit program established by RCRA. Accordingly, consequence of this rule, and this action
that were not approved in the March 31, Washington is granted a determination will not have a significant impact on a
1994 determination of partial program of full program adequacy for its MSWLF substantial number of small entities. We
adequacy: permitting program. have therefore concluded that this
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action will have no net regulatory H. Executive Order 13211: Actions ENVIRONMENTAL PROTECTION
burden for all directly regulated small Concerning Regulations That AGENCY
entities. Significantly Affect Energy Supply,
Distribution or Use 40 CFR Part 372
D. Unfunded Mandates Reform Act
(UMRA) [EPA–HQ–TRI–2015–0607; FRL–9953–28]
This action is not subject to Executive
Order 13211, because it is not a RIN 2025–AA42
This action does not contain any
significant regulatory action under
unfunded mandate as described in Addition of Hexabromocyclododecane
Executive Order 12866.
UMRA, 2 U.S.C. 1531–1538, and does (HBCD) Category; Community Right-
not significantly or uniquely affect small I. National Technology Transfer and to-Know Toxic Chemical Release
governments. The action imposes no Advancement Act (NTTAA) Reporting
enforceable duty on any state, local, or AGENCY: Environmental Protection
tribal governments or the private sector. This rulemaking does not involve
technical standards. Agency (EPA).
The costs involved in this action are ACTION: Final rule.
imposed only by voluntary participation J. Executive Order 12898: Federal
in a federal program. Actions To Address Environmental SUMMARY: EPA is adding a
Justice in Minority Populations and hexabromocyclododecane (HBCD)
E. Executive Order 13132: Federalism category to the list of toxic chemicals
Low-Income Populations
This action does not have federalism subject to reporting under section 313 of
implications. It will not have substantial The purpose of this action is to the Emergency Planning and
direct effects on the states, on the approve amendments to Washington’s Community Right-to-Know Act (EPCRA)
MSWLF permitting program which and section 6607 of the Pollution
relationship between the national
result in it meeting all of the statutory Prevention Act (PPA). EPA is adding
government and the states, or on the
and regulatory requirements established this chemical category to the EPCRA
distribution of power and section 313 list because EPA has
responsibilities among the various by RCRA. The EPA believes that the
human health and environmental risk determined that HBCD meets the
levels of government. EPCRA section 313(d)(2)(B) and (C)
addressed by this action will not have
F. Executive Order 13175: Consultation a new disproportionately high and toxicity criteria. Specifically, EPA has
and Coordination With Indian Tribal adverse human health or environmental determined that HBCD can reasonably
Governments be anticipated to cause developmental
effects on minority, low-income or
and reproductive effects in humans and
indigenous populations.
This action does not have tribal is highly toxic to aquatic and terrestrial
implications as specified in Executive K. Congressional Review Act (CRA) organisms. In addition, based on the
Order 13175. The EPA has concluded available bioaccumulation and
that this action will have no new tribal This action is subject to the CRA, and persistence data, EPA has determined
implications, nor would it present any the EPA will submit a rule report to that HBCD should be classified as a
additional burden on the tribes. It will each House of the Congress and to the persistent, bioaccumulative, and toxic
neither impose substantial direct Comptroller General of the United (PBT) chemical and assigned a 100-
compliance costs on tribal governments, States. This action is not a ‘‘major rule’’ pound reporting threshold.
nor preempt tribal law. Thus, Executive as defined by 5 U.S.C. 804(2). DATES: Effective Date: This final rule is
Order 13175 does not apply to this effective November 30, 2016.
List of Subjects Applicability date: This final rule will
action.
40 CFR Part 239 apply for the reporting year beginning
G. Executive Order 13045: Protection of January 1, 2017 (reports due July 1,
Children From Environmental Health Environmental protection, 2018).
Risks and Safety Risks Administrative practice and procedure, ADDRESSES: EPA has established a
Intergovernmental relations, Waste docket for this action under Docket ID
This action is not subject to Executive treatment and disposal. No. EPA–HQ–TRI–2015–0607. All
Order 13045, because it is not
40 CFR Part 258 documents in the docket are listed on
economically significant as defined in
http://www.regulations.gov. Although
Executive Order 12866, and because the Environmental protection, Reporting listed in the index, some information is
EPA does not believe the environmental and recordkeeping requirements, Waste not publicly available, e.g., Confidential
health or safety risks addressed by this treatment and disposal, Water pollution Business Information or other
action present a disproportionate risk to control. information whose disclosure is
children. Washington has incorporated restricted by statute. Certain other
those requirements from the Federal Authority: This action is issued under the
authority of section 2002, 4005 and 4010(c)
material, such as copyrighted material,
MSWLF landfill criteria (40 CFR part is not placed on the Internet and will be
of the Solid Waste Disposal Act, as amended,
258) not found in Washington’s existing publicly available only in hard copy
42 U.S.C. 6912, 6945 and 6949(a).
program and EPA has determined that form. Publicly available docket
Washington’s program includes terms Dated: October 20, 2016. materials are available electronically
mstockstill on DSK3G9T082PROD with RULES
and conditions that are at least as Dennis J. McLerran, through http://www.regulations.gov.
protective as the MSWLF landfill Regional Administrator, EPA Region 10. Additional instructions on visiting the
criteria for municipal solid waste [FR Doc. 2016–26754 Filed 11–25–16; 8:45 am] docket, along with more information
landfills, to assure protection of human BILLING CODE 6560–50–P
about dockets generally, is available at
health and the environment. http://www.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
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Document Created: 2018-02-14 08:35:36
Document Modified: 2018-02-14 08:35:36
| 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 direct final rule will become effective February 27, 2017 without further notice, unless EPA receives adverse comments on or before January 27, 2017. If written adverse comments are received, the EPA will publish a timely withdrawal of the rule in the Federal Register. | |
| Contact | U.S. EPA Region 10, 1200 Sixth Avenue, Suite 900, Mailcode: AW-150, Seattle, Washington, 98101 Attn: Mr. Domenic Calabro. Telephone: (206) 553-6640. | |
| FR Citation | 81 FR 85438 | |
| CFR Citation | 40
CFR
239 40 CFR 258 | |
| CFR Associated | Environmental Protection; Administrative Practice and Procedure; Intergovernmental Relations; Waste Treatment and Disposal; Reporting and Recordkeeping Requirements and Water Pollution Control |
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