82 FR 60550 - Arizona: Authorization of State Hazardous Waste Management Program Revisions
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 244 (December 21, 2017)
Federal Register Volume 82, Issue 244 (December 21, 2017)
| Page Range | 60550-60554 | |
| FR Document | 2017-27524 |
[Federal Register Volume 82, Number 244 (Thursday, December 21, 2017)] [Rules and Regulations] [Pages 60550-60554] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-27524] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 271 [EPA-R09-RCRA-2017-0523; FRL-9972-09-Region 9] Arizona: Authorization of State Hazardous Waste Management Program Revisions AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: Arizona applied to the EPA for final authorization of changes corresponding to certain federal hazardous waste rules promulgated between May 26, 1998, and July 28, 2006 (also known as RCRA Cluster VIII (checklist 167D) and Clusters IX through XVII) to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). On October 5, 2017, EPA proposed to authorize the State's changes. During the 30-day comment period no adverse comments were received. DATES: The final authorization is effective January 22, 2018. FOR FURTHER INFORMATION CONTACT: Laurie Amaro, U.S. Environmental Protection Agency, Region 9, Land Division, 75 Hawthorne Street (LND-1- 1), San Francisco, CA 94105, phone number: 415-972-3364, email: [email protected]. SUPPLEMENTARY INFORMATION: A. What decisions has EPA made in this rule? On July 14, 2017, Arizona applied to EPA for final authorization of changes to the State hazardous waste program. EPA concludes that Arizona's application to revise its authorized program meets all statutory and regulatory requirements established by RCRA, as set forth in RCRA sec. 3006(b), 42 U.S.C. 6926(b), and 40 CFR part 271. Therefore, EPA grants Arizona final authorization to operate as part of its hazardous waste program the changes listed below in Section E of this document, as further described in the authorization application. Arizona 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). B. What is the effect of today's authorization decision? The effect of this decision is that the changes described in Arizona's authorization application will become part of the authorized State hazardous waste program, and therefore will be federally enforceable. Arizona will continue to have primary enforcement authority and responsibility for its State hazardous waste program. EPA retains its authorities under RCRA secs. 3007, [[Page 60551]] 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 Arizona is being authorized by today's action are already effective, and are not changed by today's action. C. What were the comments on EPA's proposal and what is EPA's response? A single comment in support of the action and no adverse comments were received during the public comment period. D. For what has Arizona previously been authorized? Arizona initially received final authorization on November 20, 1985, to implement its base hazardous waste management program. Arizona received authorization for revisions to its program on August 6, 1991 (56 FR 37290 effective October 7, 1991), July 13, 1992 (57 FR 30905 effective September 11, 1992), November 23, 1992 (57 FR 54932 effective January 22, 1993), October 27, 1993 (58 FR 57745 effective December 27, 1993), July 18, 1995 (60 FR 36731 effective June 12, 1995), March 7, 1997 (62 FR 10464 effective May 6, 1997), October 28, 1998 (63 FR 57605-57608 effective December 28, 1998), and March 17, 2004 (69 FR 12544 effective March 17, 2004), originally published on October 27, 2000 (65 FR 64369). E. What changes is EPA authorizing with today's action? Arizona submitted a final complete program revision application to EPA dated July 14, 2017, seeking authorization of changes to its hazardous waste program that correspond to certain federal rules promulgated between May 26, 1998, and July 28, 2006 (also known as RCRA Cluster VIII (Checklist 167D only), Cluster IX (Checklists 169 and 173- 180) and Clusters X through XVII). EPA has determined that Arizona's hazardous waste program revisions are equivalent to, consistent with, and no less stringent than the federal program, and therefore satisfy all the requirements necessary to qualify for final authorization. Accordingly, EPA grants Arizona final authorization for the following program changes: Program Revision Changes for Federal Rules Arizona adopts by reference the federal RCRA regulations in effect January 29, 2007, at Arizona Administrative Code (AAC) Title 18, Chapter 8, Article 2 (AAC R18-8-260 through 280 effective September 30, 2016). The federal requirements for which the State is being authorized are listed in the table below, noting the Arizona Administrative Register (AAR) volume and page and the AAC implementing rule sections. EPA is excluding Checklist 204 Performance Track from authorization because the program has been discontinued. An asterisk (*) after a checklist number indicates a rule that is optional for state adoption. State Analogues to the Federal Program ---------------------------------------------------------------------------------------------------------------- Description of Federal Requirement Analogous Arizona and Checklist number (* Indicates Federal Register Volume, Page and Date Register (Volume/Page) Optional) and Administrative Code ---------------------------------------------------------------------------------------------------------------- Mineral Processing Secondary 63 FR 28556, May 26, 1998........................ 6 AAR 3093, AAC R18-8- Materials Exclusion Rule. 261(A), R18-8-268 July (Checklist 167 D *). 24, 2000. Petroleum Refining Process Wastes 63 FR 42110, August 6, 1998...................... 6 AAR 3093, AAC R18-8- Rule. (Checklist 169). 261, 266, 268 July 24, 2000. Land Disposal Restrictions; 63 FR 51254, September 24, 1998.................. 6 AAR 3093, AAC R18-8- Treatment Standards for Spent 268 July 24, 2000. Potliners from Primary Aluminum Reduction Rule (K088). (Checklist 173). Post-Closure Permit Requirement and 63 FR 56710, October 22, 1998.................... 6 AAR 3093, AAC R18-8- Closure Process Rule (Checklist 174 264, 265, 270 July 24, *). 2000. HWIR-Media Rule. (Checklist 175 *).. 63 FR 65874, November 30, 1998................... 6 AAR 3093, AAC R18-8- 260, 261, 264, 265, 268, 270(A), (T) and (U) July 24, 2000. Universal Waste Rule--Technical 63 FR 71225, December 24, 1998................... 6 AAR 3093, AAC R18-8- Amendments. (Checklist 176 *). 266, 273 July 24, 2000. Organic Air Emission Standards: 64 FR 3381, January 21, 1999..................... 6 AAR 3093, AAC R18-8- Clarification and Technical 262, 264, 265 July 24, Amendments Rule. (Checklist 177). 2000. Petroleum Refining Process Wastes-- 64 FR 6806, February 11, 1999.................... 6 AAR 3093, AAC R18-8- Leachate Exemption Rule. (Checklist 261 July 24, 2000. 178 *). Land Disposal Restrictions Phase IV: 64 FR 25408, May 11, 1999........................ 6 AAR 3093, AAC R18-8- Treatment Standards for Wood 261, 262, 268, July Preserving Wastes, and Treatment 24, 2000. Standards for Metal Wastes, and Zinc Micronutrient Fertilizers, and Carbamate Treatment Standards, and K088 Treatment Standards Rule. (Checklist 179). Test Procedures for the Analysis of 64 FR 26315, May 14, 1999........................ 6 AAR 3093, AAC R18-8- Oil and Grease and Non-Polar 260 July 24, 2000. Material Rule. (Checklist 180). Universal Waste Rule: Specific 64 FR 36466, July 6, 1999........................ 9 AAR 816, AAC R18-8- Provisions for Hazardous Waste 260, 261,, 264, 265, Lamps Rule. (Checklist 181). 268, 270, and 273 April 15, 2003. Hazardous Air Pollutant Standards 64 FR 52828, September 30, 1999.................. 9 AAR 816, AAC R18-8- for Hazardous Waste Combustors 260, 261, 264, 265, Rule. (Checklist 182). 266,, and 270 April 15, 2003. Hazardous Air Pollutant Standards 64 FR 63209, November 19, 1999................... 9 AAR 816, AAC R18-8- for Hazardous Waste Combustors, 261 and 266 April 15, Technical Correction Rule. 2003. (Checklist 182.1). Land Disposal Restrictions Phase IV-- 64 FR 56469, October 20, 1999.................... 9 AAR 816, AAC R18-8- Technical Corrections Rule. 261, 262, and 268 (Checklist 183). April 15, 2003. Accumulation Time for Waste Water 65 FR 12378, March 8, 2000....................... 9 AAR 816, AAC R18-8- Treatment Sludges Rule. (Checklist 262 April 15, 2003. 184 *). [[Page 60552]] Organobromine Production Wastes 65 FR 14472, March 17, 2000...................... 9 AAR 816, AAC R18-8- Vacatur (Checklist 185 *). 261 and 268 April 15, 2003. Amendments to Streamline the NPDES 65 FR 30886, May 15, 2000........................ 10 AAR 4364, AAC R18-8- Program Regulations; Round Two 270 and 271 December Rule. (Checklist 186). 4, 2004. Petroleum Refining Process Wastes-- 65 FR 36365, June 8, 2000........................ 9 AAR 816, AAC R18-8- Clarification (Checklist 187). 261 and 268 April 15, 2003. Hazardous Air Pollutant Standards-- 65 FR 42292, July 10, 2000, 66 FR 24270, May 14, 10 AAR, AAC 4364 R18-8- Technical Corrections. (Checklist 2001, 66 FR 35087, July 3, 2001. 261, 264 and 270 188 *). December 4, 2004. Chlorinated Aliphatics Listing and 65 FR 67068, November 8, 2000.................... 10 AAR, AAC 4364 R18-8- LDRs for Newly Identified Wastes. 261 and 268 December (Checklist 189). 4, 2004. Land Disposal Restrictions Phase IV-- 65 FR 81373, December 26, 2000................... 10 AAR 4364, AAC R18-8- Deferral for PCBs in Soil. 268 December 4, 2004. (Checklist 190). Mixed Waste Rule. (Checklist 191 *). 66 FR 27218, May 16, 2001........................ 10 AAR 4364, AAC R18-8- 266 December 4, 2004. Mixture and Derived-From Rules 66 FR 27266, May 16, 2001........................ 10 AAR 4364, AAC R18-8- Revisions. (Checklist 192 A *). 261 and 268 December 4, 2004. Land Disposal Restrictions 66 FR 27266, May 16, 2001........................ 10 AAR 4364, AAC R18-8- Correction. (Checklist 192 B). 268 December 4, 2004. Change of Official EPA Mailing 66 FR 34374, June 28, 2001....................... 10 AAR 4364, AAC R18-8- Address. (Checklist 193). 260, 261, 265 December 4, 2004. Mixture and Derived-From Rules 66 FR 50332, October 3, 2001..................... 10 AAR 4364, AAC R18-8- Revision II. (Checklist 194 *). 261 December 4, 2004. Inorganic Chemical Manufacturing 66 FR 58258, November 20, 2001, 67 FR 17119, 10 AAR 4364, AAC R18-8- Wastes Identification and Listing. April 9, 2002. 261 and 268 December (Checklist 195). 4, 2004. CAMU Amendments. (Checklist 196 *).. 67 FR 2962, January 22, 2002..................... 10 AAR 4364, AAC R18-8- 260 and 264 December 4, 2004. Hazardous Air Pollutant Standards 67 FR 6792, February 13, 2002.................... 10 AAR 4364, AAC R18-8- for Combustors: Interim Standards. 264, 265, 266 and 270 (Checklist 197 *). December 4, 2004. Hazardous Air Pollutant Standards 67 FR 6968, February 14, 2002.................... 10 AAR 4364, AAC R18-8- for Combustors: Corrections. 266 and 270 December (Checklist 198). 4, 2004. Vacatur of Mineral Processing Spent 67 FR 11251, March 13, 2002...................... 10 AAR 4364, AAC R18-8- Materials Being Reclaimed as Solid 261, December 4, 2004. Wastes and TCLP Use with MGP Waste. (Checklist 199). Zinc Fertilizer Rule. (Checklist 67 FR 48393, July 24, 2002....................... 11 AAR 5523, AAC R18-8- 200). 261, 266 and 268, February 4, 2006. Treatment Variance for Radioactively 67 FR 62618, October 7, 2002..................... 11 AAR 5523, AAC R18-8- Contaminated Batteries. (Checklist 268 February 4, 2006. 201 *). Hazardous Air Pollutant Standards 67 FR 77687, December 19, 2002................... 11 AAR 5523, AAC R18-8- for Hazardous Waste Combustors: 270 February 4, 2006. Corrections 2. (Checklist 202 *). Recycled Used Oil Management 68 FR44659, July 30, 2003........................ 11 AAR 5523, AAC R18-8- Standards; Clarification (Sec. 261(H) February 4, 261.5(j) correction only). 2006. (Checklist 203 *). NESHAP: Surface Coating of 69 FR 22601 April 26, 2004....................... 11 AAR 5523, AAC R18-8- Automobiles and Light-Duty Trucks. 264 and 265 February (Checklist 205 *). 4, 2006. Nonwastewaters from Dyes and 70 FR 9138, February 24, 2005, 70 FR 35032 June 12 AAR 3061, AAC R18-8- Pigments. (Checklist 206). 13, 2005. 261 and 268 October 1, 2006. Uniform Hazardous Waste Manifest 70 FR 10776, March 4, 2005, 70 FR 35034, June 16, 12 AAR 3061, AAC R18-8- Rule. (Checklist 207). 2005. 260, 261, 262, 263, 264 and, 265 October 1, 2006. Methods Innovation Rule and SW-846 70 FR 34538, March 4, 2005, 70 FR 44150, June 16, 12 AAR 3061, AAC R18-8- Final Update IIIB (partial; no 2005. 260, 261, 264, 265, clarifications incorporated by 266, 268 and 270 reference from 40 CFR part 279). October 1, 2006. (Checklist 208 *). Universal Waste Rule: Specific 70 FR 45508, August 5, 2005...................... 12 AAR 3061, AAC R18-8- Provisions for Mercury Containing 260, 261, 264, 265, Equipment. (Checklist 209 *). 266, 268, 270 and 273 October 1, 2006. Revision of Wastewater Treatment 70 FR 57769, October 4, 2005..................... 14 AAR 409, AAC R18-8- Exemptions for Hazardous Waste 261 March 3, 2008. Mixtures (``Headworks exemptions''). (Checklist 211 *). NESHAP: Final Standards for 70 FR 59402, October 12, 2005.................... 14 AAR 409, AAC R18-8- Hazardous Waste Combustors (Phase I 260, 264, 265, 266 and Final Replacement Standards and 270 March 3, 2008. Phase II). (Checklist 212 *). Burden Reduction Initiative. 71 FR 16862, April 4, 2006....................... 14 AAR 409, AAC R18-8- (Checklist 213 *). 260, 261, 264, 265, 266, 268, and 270 March 3, 2008. Corrections to Errors in the Code of 71 FR 40254, July 14, 2006....................... 14 AAR 409, AAC R18-8- Federal Regulations (partial; no 260, 261, 262, 264, corrections incorporated from Parts 265, 266, 267, 268, 267 or 279). (Checklist 214). 270, 271 and 273 March 3, 2008. Cathode Ray Tubes Rule. (Checklist 71 FR 42928, July 28, 2006....................... 14 AAR 409, AAC R18-8- 215 *). 260 and 261 March 3, 2008. ---------------------------------------------------------------------------------------------------------------- [[Page 60553]] F. Where are the revised state rules different from the federal rules? Since 1984, Arizona hazardous waste rules have contained several procedural requirements that are more stringent than EPA's. These more stringent procedural requirements are authorized by Arizona Revised Statutes (ARS) section 49-922, which in directing Arizona to adopt hazardous waste rules, prohibits only nonprocedural standards that are more stringent than EPA: 1. Hazardous Waste Manifests. Arizona requires hazardous waste generators; transporters; and treatment, storage, and disposal facilities (TSDFs) to provide a copy of all hazardous waste manifests to Arizona monthly. [See AAC R18-8-262(I) and (J); R18-8-263(C), R18-8- 264(J) and R18-8- 265(J).] Federal regulations governing distribution of copies of the manifest do not require manifests to be provided to the state. 2. Annual Reports. Hazardous waste large quantity generators (LQGs) and TSDFs must submit reports to Arizona annually rather than every two years as the federal regulations require. [See AAC R18-8-260(E)(3); R18-8-262(H), R18-8-264(I) and R18-8-265(I).] Small quantity generators (SQGs) must also submit annual rather than biennial reports under R18- 8-262(H). 3. Recyclers are required to submit annual reports to Arizona rather than no reports at all [AAC R18-8- 261(J)]. EPA cannot delegate the federal requirements in 40 CFR 261.39(a)(5) and 261.41 contained in the Cathode Ray Tubes Rule set forth in 71 FR 42928, July 28, 2006. While Arizona adopted these requirements by reference in 14 AAR 409, AAC R18-8-260 and 261, EPA will continue to implement these requirements. EPA gave notice at 80 FR 18777 of the removal of the provisions at 40 CFR 261.4(a)(16) and 40 CFR 261.38 related to comparable fuels due to the DC Circuit's vacatur of the ``Hazardous Waste Combustors Revised Standards'' Final Rule (63 FR 33782, June 19, 1998) in Natural Res. Def. Council v. EPA, 755 F.3d 1010 (DC Cir. 2014). This rule was previously adopted and approved as part of Arizona's authorized program, but in light of the vacatur, EPA no longer considers these provisions to be part of Arizona's federally authorized program. On May 14, 2009, EPA gave notice at 74 FR 22741 of the termination of the National Environmental Performance Track Program; therefore, EPA is excluding provisions in Arizona's program implementing Performance Track, Checklist 204 (11 AAR 5523, AAC R18-8-262, February 4, 2006). Other than the differences discussed above, Arizona incorporates by reference the remaining federal rules listed in Section E; therefore, there are no significant differences between the remaining federal rules and the revised State rules being authorized today. G. Who handles permits after the authorization takes effect? Arizona will issue permits for all the provisions for which it is authorized and will administer the permits it issues. Section 3006(g)(1) of RCRA, 42 U.S.C. 6926(g)(1), gives EPA the authority to issue or deny permits or parts of permits for requirements for which the State is not authorized. Therefore, whenever EPA adopts standards under HSWA for activities or wastes not currently covered by the authorized program, EPA may process RCRA permits in Arizona for the new or revised HSWA standards until Arizona has received final authorization for such new or revised HSWA standards. EPA and Arizona have agreed to a joint permitting process for facilities covered by both the authorized program and standards under HSWA for which the State is not yet authorized, and for handling existing EPA permits after the State receives authorization. H. How does today's action affect Indian country (18 U.S.C. 1151) in Arizona? Arizona is not authorized to carry out its hazardous waste program in Indian country within the State, which includes the Cocopah Tribe of Arizona; Fort Mojave Indian Tribe of Arizona, California & Nevada; Gila River Indian Community of the Gila River Indian Reservation; Havasupai Tribe of the Havasupai Reservation; Hopi Tribe of Arizona; Hualapai Indian Tribe of the Hualapai Indian Reservation; Kaibab Band of Paiute Indians of the Kaibab Indian Reservation; Navajo Nation; Quechan Tribe of the Fort Yuma Indian Reservation; Salt River Pima-Maricopa Indian Community of the Salt River Reservation; San Carlos Apache Tribe of the San Carlos Reservation; San Juan Southern Paiute Tribe of Arizona; Tohono O'odham Nation; Yavapai-Apache Nation of the Camp Verde Indian Reservation; and the Yavapai-Prescott Indian Tribe. Therefore, this action has no effect on Indian country. EPA retains jurisdiction over Indian country and will continue to implement and administer the RCRA program on these lands. I. What is codification and is EPA codifying Arizona'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 Arizona's changes at this time. However, EPA reserves the amendment of 40 CFR part 272, subpart D for this authorization of Arizona's program changes until a later date. J. Administrative Requirements The Office of Management and Budget (OMB) has exempted this action (RCRA State authorization) from the requirements of Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011). This action authorizes State requirements for the purpose of RCRA sec. 3006 and imposes no additional requirements beyond those imposed by State law. Therefore, this action is not subject to review by OMB. This action is not an Executive Order 13771 (82 FR 9339, February 3, 2017) regulatory action because actions such as today's proposed authorization of Arizona's revised hazardous waste program under RCRA are exempted under Executive Order 12866. 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 [[Page 60554]] 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 sec. 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) 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, February 16, 1994) establishes federal executive policy on environmental justice. Its 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 will be effective 30 days after the final approval is published in the Federal Register. 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 record keeping 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: December 5, 2017. Alexis Strauss, Acting Regional Administrator, Region 9. [FR Doc. 2017-27524 Filed 12-20-17; 8:45 am] BILLING CODE 6560-50-P
![60550 Federal Register / Vol. 82, No. 244 / Thursday, December 21, 2017 / Rules and Regulations
EPA APPROVED REGULATIONS IN THE TEXAS SIP—Continued
State
State citation Title/subject approval/ EPA approval date Explanation
submittal date
* * * * * * *
115.469 ........................... Compliance Schedules ................................ 6/15/2015 12/21/2017 [Insert Federal Register cita-
tion].
Division 7: Miscellaneous Industrial Adhesives
* * * * * * *
115.471 ........................... Exemptions ................................................... 6/15/2015 12/21/2017 [Insert Federal Register cita-
tion].
115.473 ........................... Control Requirements .................................. 6/15/2015 12/21/2017 [Insert Federal Register cita-
tion].
* * * * * * *
115.479 ........................... Compliance Schedules ................................ 6/15/2015 12/21/2017 [Insert Federal Register cita-
tion].
Subchapter F—Miscellaneous Industrial Sources
Division 1: Cutback Asphalt
* * * * * * *
115.519 ........................... Compliance Schedules ................................ 6/15/2015 12/21/2017 [Insert Federal Register cita-
tion].
* * * * * * *
* * * * * (e) * * *
EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIP
State
Applicable geographic or
Name of SIP provision submittal/ EPA approval date Comments
non-attainment area effective date
* * * * * * *
DFW VOC RACT Dem- DFW 2008 Ozone NAAQS non-attainment 7/10/2015 12/21/2017 [Insert Federal Register cita-
onstration. area. tion].
[FR Doc. 2017–27453 Filed 12–20–17; 8:45 am] Recovery Act (RCRA). On October 5, grants Arizona final authorization to
BILLING CODE 6560–50–P 2017, EPA proposed to authorize the operate as part of its hazardous waste
State’s changes. During the 30-day program the changes listed below in
comment period no adverse comments Section E of this document, as further
ENVIRONMENTAL PROTECTION were received. described in the authorization
AGENCY DATES: The final authorization is application.
effective January 22, 2018. Arizona has responsibility for
40 CFR Part 271 permitting treatment, storage, and
FOR FURTHER INFORMATION CONTACT:
disposal facilities within its borders
[EPA–R09–RCRA–2017–0523; FRL–9972– Laurie Amaro, U.S. Environmental (except in Indian country) and for
09-Region 9] Protection Agency, Region 9, Land carrying out the aspects of the RCRA
Division, 75 Hawthorne Street (LND–1– program described in its revised
Arizona: Authorization of State 1), San Francisco, CA 94105, phone
Hazardous Waste Management program application, subject to the
number: 415–972–3364, email: limitations of the Hazardous and Solid
Program Revisions amaro.laurie@epa.gov. Waste Amendments of 1984 (HSWA).
AGENCY: Environmental Protection SUPPLEMENTARY INFORMATION:
Agency (EPA). B. What is the effect of today’s
A. What decisions has EPA made in this authorization decision?
ACTION: Final rule. rule?
The effect of this decision is that the
SUMMARY: Arizona applied to the EPA On July 14, 2017, Arizona applied to changes described in Arizona’s
for final authorization of changes EPA for final authorization of changes to authorization application will become
corresponding to certain federal the State hazardous waste program. EPA part of the authorized State hazardous
daltland on DSKBBV9HB2PROD with RULES
hazardous waste rules promulgated concludes that Arizona’s application to waste program, and therefore will be
between May 26, 1998, and July 28, revise its authorized program meets all federally enforceable. Arizona will
2006 (also known as RCRA Cluster VIII statutory and regulatory requirements continue to have primary enforcement
(checklist 167D) and Clusters IX through established by RCRA, as set forth in authority and responsibility for its State
XVII) to its hazardous waste program RCRA sec. 3006(b), 42 U.S.C. 6926(b), hazardous waste program. EPA retains
under the Resource Conservation and and 40 CFR part 271. Therefore, EPA its authorities under RCRA secs. 3007,
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![Federal Register / Vol. 82, No. 244 / Thursday, December 21, 2017 / Rules and Regulations 60553
F. Where are the revised state rules AAR 5523, AAC R18–8–262, February 4, I. What is codification and is EPA
different from the federal rules? 2006). codifying Arizona’s hazardous waste
Other than the differences discussed program as authorized in this rule?
Since 1984, Arizona hazardous waste
rules have contained several procedural above, Arizona incorporates by Codification is the process of placing
requirements that are more stringent reference the remaining federal rules the State’s statutes and regulations that
than EPA’s. These more stringent listed in Section E; therefore, there are comprise the State’s authorized
procedural requirements are authorized no significant differences between the hazardous waste program into the Code
by Arizona Revised Statutes (ARS) remaining federal rules and the revised of Federal Regulations. EPA does this by
section 49–922, which in directing State rules being authorized today. referencing the authorized State rules in
Arizona to adopt hazardous waste rules, 40 CFR part 272. EPA is not codifying
G. Who handles permits after the the authorization of Arizona’s changes
prohibits only nonprocedural standards authorization takes effect?
that are more stringent than EPA: at this time. However, EPA reserves the
1. Hazardous Waste Manifests. Arizona will issue permits for all the amendment of 40 CFR part 272, subpart
Arizona requires hazardous waste provisions for which it is authorized D for this authorization of Arizona’s
generators; transporters; and treatment, and will administer the permits it program changes until a later date.
storage, and disposal facilities (TSDFs) issues. Section 3006(g)(1) of RCRA, 42 J. Administrative Requirements
to provide a copy of all hazardous waste U.S.C. 6926(g)(1), gives EPA the
The Office of Management and Budget
manifests to Arizona monthly. [See AAC authority to issue or deny permits or (OMB) has exempted this action (RCRA
R18–8–262(I) and (J); R18–8–263(C), parts of permits for requirements for State authorization) from the
R18–8–264(J) and R18–8- 265(J).] which the State is not authorized. requirements of Executive Orders 12866
Federal regulations governing Therefore, whenever EPA adopts (58 FR 51735, October 4, 1993) and
distribution of copies of the manifest do standards under HSWA for activities or 13563 (76 FR 3821, January 21, 2011).
not require manifests to be provided to wastes not currently covered by the This action authorizes State
the state. authorized program, EPA may process requirements for the purpose of RCRA
2. Annual Reports. Hazardous waste RCRA permits in Arizona for the new or sec. 3006 and imposes no additional
large quantity generators (LQGs) and revised HSWA standards until Arizona requirements beyond those imposed by
TSDFs must submit reports to Arizona has received final authorization for such State law. Therefore, this action is not
annually rather than every two years as new or revised HSWA standards. EPA subject to review by OMB. This action
the federal regulations require. [See and Arizona have agreed to a joint is not an Executive Order 13771 (82 FR
AAC R18–8–260(E)(3); R18–8–262(H), permitting process for facilities covered 9339, February 3, 2017) regulatory
R18–8–264(I) and R18–8–265(I).] Small by both the authorized program and action because actions such as today’s
quantity generators (SQGs) must also standards under HSWA for which the proposed authorization of Arizona’s
submit annual rather than biennial State is not yet authorized, and for revised hazardous waste program under
reports under R18–8–262(H). handling existing EPA permits after the RCRA are exempted under Executive
3. Recyclers are required to submit State receives authorization. Order 12866. This action will not have
annual reports to Arizona rather than no a significant economic impact on a
H. How does today’s action affect
reports at all [AAC R18–8- 261(J)]. substantial number of small entities
Indian country (18 U.S.C. 1151) in
EPA cannot delegate the federal Arizona? under the Regulatory Flexibility Act (5
requirements in 40 CFR 261.39(a)(5) and U.S.C. 601 et seq.). Because this action
261.41 contained in the Cathode Ray Arizona is not authorized to carry out authorizes pre-existing requirements
Tubes Rule set forth in 71 FR 42928, its hazardous waste program in Indian under State law and does not impose
July 28, 2006. While Arizona adopted country within the State, which any additional enforceable duty beyond
these requirements by reference in 14 includes the Cocopah Tribe of Arizona; that required by State law, it does not
AAR 409, AAC R18–8–260 and 261, Fort Mojave Indian Tribe of Arizona, contain any unfunded mandate or
EPA will continue to implement these California & Nevada; Gila River Indian significantly or uniquely affect small
requirements. Community of the Gila River Indian governments, as described in the
EPA gave notice at 80 FR 18777 of the Reservation; Havasupai Tribe of the Unfunded Mandates Reform Act of 1995
removal of the provisions at 40 CFR Havasupai Reservation; Hopi Tribe of (Pub. L. 104–4). For the same reason,
261.4(a)(16) and 40 CFR 261.38 related Arizona; Hualapai Indian Tribe of the this action also does not significantly or
to comparable fuels due to the DC Hualapai Indian Reservation; Kaibab uniquely affect the communities of
Circuit’s vacatur of the ‘‘Hazardous Band of Paiute Indians of the Kaibab tribal governments, as specified by
Waste Combustors Revised Standards’’ Indian Reservation; Navajo Nation; Executive Order 13175 (65 FR 67249,
Final Rule (63 FR 33782, June 19, 1998) Quechan Tribe of the Fort Yuma Indian November 9, 2000). This action will not
in Natural Res. Def. Council v. EPA, 755 Reservation; Salt River Pima-Maricopa have substantial direct effects on the
F.3d 1010 (DC Cir. 2014). This rule was Indian Community of the Salt River states, on the relationship between the
previously adopted and approved as Reservation; San Carlos Apache Tribe of national government and the states, or
part of Arizona’s authorized program, the San Carlos Reservation; San Juan on the distribution of power and
but in light of the vacatur, EPA no Southern Paiute Tribe of Arizona; responsibilities among the various
longer considers these provisions to be Tohono O’odham Nation; Yavapai- levels of government, as specified in
part of Arizona’s federally authorized Apache Nation of the Camp Verde Executive Order 13132 (64 FR 43255,
program. On May 14, 2009, EPA gave Indian Reservation; and the Yavapai- August 10, 1999), because it merely
daltland on DSKBBV9HB2PROD with RULES
notice at 74 FR 22741 of the termination Prescott Indian Tribe. Therefore, this authorizes State requirements as part of
of the National Environmental action has no effect on Indian country. the State RCRA hazardous waste
Performance Track Program; therefore, EPA retains jurisdiction over Indian program without altering the
EPA is excluding provisions in country and will continue to implement relationship or the distribution of power
Arizona’s program implementing and administer the RCRA program on and responsibilities established by
Performance Track, Checklist 204 (11 these lands. RCRA. This action also is not subject to
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![60554 Federal Register / Vol. 82, No. 244 / Thursday, December 21, 2017 / Rules and Regulations
Executive Order 13045 (62 FR 19885, is not subject to Executive Order 12898. it had never taken effect. The BLM
April 23, 1997), because it is not The Congressional Review Act, 5 U.S.C. issues this document to effect the
economically significant and it does not 801 et seq., as added by the Small removal of any amendments, deletions
make decisions based on environmental Business Regulatory Enforcement or other modifications made by the
health or safety risks. This rule is not Fairness Act of 1996, generally provides nullified rule, and the reversion to the
subject to Executive Order 13211, that before a rule may take effect, the text of the regulations in effect
‘‘Actions Concerning Regulations That agency promulgating the rule must immediately prior to the effective date
Significantly Affect Energy Supply, submit a rule report, which includes a of the Planning 2.0 Rule.
Distribution, or Use’’ (66 FR 28355 May copy of the rule to each House of the DATES: This rule is effective on
22, 2001), because it is not a significant Congress and to the Comptroller General December 21, 2017.
regulatory action under Executive Order of the United States. The EPA will ADDRESSES: Previous documents related
12866. submit a report containing this to the Resource Management Planning
Under RCRA sec. 3006(b), the EPA document and other required Rule (Planning 2.0 Rule), published at
grants a state’s application for information to the U.S. Senate, the U.S. 81 FR 89580 (December 12, 2016), are
authorization as long as the state meets House of Representatives, and the available at www.regulations.gov in
the criteria required by RCRA. It would Comptroller General of the United Docket No. BLM–2016–0002.
thus be inconsistent with applicable law States prior to publication in the FOR FURTHER INFORMATION CONTACT:
for the EPA, when it reviews a state Federal Register. A major rule cannot Leah Baker, Division Chief for Decision
authorization application, to require the take effect until 60 days after it is Support, Planning and NEPA, at 202–
use of any particular voluntary published in the Federal Register. This 912–7282, for information relating to the
consensus standard in place of another action is not a ‘‘major rule’’ as defined BLM’s national planning program or the
standard that otherwise satisfies the by 5 U.S.C. 804(2). This action will be substance of this final rule. For
requirements of RCRA. Thus, the effective 30 days after the final approval information on procedural matters or
requirements of section 12(d) of the is published in the Federal Register. the rulemaking process, you may
National Technology Transfer and List of Subjects in 40 CFR Part 271 contact Charles Yudson, Management
Advancement Act of 1995 (15 U.S.C. Analyst for the Office of Regulatory
272) do not apply. As required by Environmental protection, Affairs, at 202–912–7437. Persons who
section 3 of Executive Order 12988 (61 administrative practice and procedure, use a telecommunications device for the
FR 4729, February 7, 1996), in issuing confidential business information, deaf (TDD) may call the Federal Relay
this rule, the EPA has taken the hazardous waste, hazardous waste Service at 1–800–877–8339, to contact
necessary steps to eliminate drafting transportation, Indian lands, these individuals. You will receive a
errors and ambiguity, minimize intergovernmental relations, penalties, reply during normal business hours.
potential litigation, and provide a clear reporting and record keeping
SUPPLEMENTARY INFORMATION: The BLM
legal standard for affected conduct. The requirements.
published the Resource Management
EPA has complied with Executive Order Authority: This action is issued under the Planning Rule (Planning 2.0 Rule) on
12630 (53 FR 8859, March 15, 1988) by authority of sections 2002(a), 3006, and December 12, 2016 (81 FR 89580). The
examining the takings implications of 7004(b) of the Solid Waste Disposal Act as
rule became effective on January 11,
the rule in accordance with the amended, 42 U.S.C. 6912(a), 6926, and
6974(b). 2017. On February 7, 2017, the United
‘‘Attorney General’s Supplemental States House of Representatives passed
Guidelines for the Evaluation of Risk Dated: December 5, 2017. a resolution of disapproval (H.J. Res. 44)
and Avoidance of Unanticipated Alexis Strauss, of the Planning 2.0 Rule under the CRA,
Takings’’ issued under the Executive Acting Regional Administrator, Region 9. 5 U.S.C. 801 et seq. The Senate then
Order. This rule does not impose an [FR Doc. 2017–27524 Filed 12–20–17; 8:45 am] passed a resolution of disapproval (S.J.
information collection burden under the BILLING CODE 6560–50–P Res. 15) on March 7, 2017 (Cong. Rec.
provisions of the Paperwork Reduction p. S1686–S1687). President Trump then
Act of 1995 (44 U.S.C. 3501 et seq.). signed the resolution into law as Public
Executive Order 12898 (59 FR 7629, DEPARTMENT OF THE INTERIOR Law Number 115–12 on March 27, 2017.
February 16, 1994) establishes federal Therefore, under the terms of the CRA,
executive policy on environmental Bureau of Land Management the BLM Planning 2.0 Rule shall be
justice. Its main provision directs ‘‘treated as though such rule had never
federal agencies, to the greatest extent 43 CFR Part 1600 taken effect.’’ 5 U.S.C. 801(f).
practicable and permitted by law, to However, because the CRA does not
[Docket ID: BLM–2016–0002;
make environmental justice part of their include direction regarding the removal,
LLWO210000.17X.L16100000.PN0000]
mission by identifying and addressing, by the Office of the Federal Register or
as appropriate, disproportionately high RIN 1004–AE39 otherwise, of the voided language from
and adverse human health or the Code of Federal Regulations (CFR)
environmental effects of their programs, Effectuating Congressional the BLM must publish this document to
policies, and activities on minority Nullification of the Resource effect the removal of the voided text.
populations and low-income Management Planning Rule Under the This document will enable the Office of
populations in the United States. Congressional Review Act the Federal Register to effectuate
Because this rule authorizes pre-existing AGENCY: Bureau of Land Management, congressional intent to remove the
State rules which are at least equivalent
daltland on DSKBBV9HB2PROD with RULES
Interior. voided text of the Planning 2.0 Rule as
to, and no less stringent than existing ACTION: Final rule; CRA revocation. if it had never taken effect, and restore
federal requirements, and impose no the previous language and prior state of
additional requirements beyond those SUMMARY: By operation of the the CFR.
imposed by State law, and there are no Congressional Review Act (CRA), the This action is not an exercise of the
anticipated significant adverse human Resource Management Planning Rule Department’s rulemaking authority
health or environmental effects, the rule (Planning 2.0 Rule) shall be treated as if under the Administrative Procedure
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Document Created: 2018-10-25 11:01:14
Document Modified: 2018-10-25 11:01:14
| 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 | Final rule. | |
| Dates | The final authorization is effective January 22, 2018. | |
| Contact | Laurie Amaro, U.S. Environmental Protection Agency, Region 9, Land Division, 75 Hawthorne Street (LND-1- 1), San Francisco, CA 94105, phone number: 415-972-3364, email: [email protected] | |
| FR Citation | 82 FR 60550 | |
| CFR Associated | Environmental Protection; Administrative Practice and Procedure; Confidential Business Information; Hazardous Waste; Hazardous Waste Transportation; Indian Lands; Intergovernmental Relations; Penalties and Reporting and Record Keeping Requirements |
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