83 FR 26917 - District of Columbia: Proposed Authorization of District Hazardous Waste Management Program Revisions

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 112 (June 11, 2018)

Page Range		26917-26922
FR Document		2018-12507

The District of Columbia (the District) has applied to the United States Environmental Protection Agency (EPA) for final authorization of revisions to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). EPA has reviewed the District's application, and has determined that these revisions satisfy all requirements needed to qualify for final authorization. As a result, by this proposed rule, EPA is proposing to authorize the District's revisions and is seeking public comment prior to taking final action.

Federal Register, Volume 83 Issue 112 (Monday, June 11, 2018)

[Federal Register Volume 83, Number 112 (Monday, June 11, 2018)]
[Proposed Rules]
[Pages 26917-26922]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-12507]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R03-RCRA-2017-0553; FRL-9979-06--Region 3]

District of Columbia: Proposed Authorization of District
Hazardous Waste Management Program Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The District of Columbia (the District) has applied to the
United States Environmental Protection Agency (EPA) for final
authorization of revisions to its hazardous waste program under the
Resource Conservation and Recovery Act (RCRA). EPA has reviewed the
District's application, and has determined that these revisions satisfy
all requirements needed to qualify for final authorization. As a
result, by this proposed rule, EPA is proposing to authorize the
District's revisions and is seeking public comment prior to taking
final action.

DATES: Comments on this proposed rule must be received by July 11,
2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
RCRA-2017-0553, by one of the following methods:
1. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the on-line instructions for submitting comments.
2. Email: kinslow.sara@epa.gov.
3. Mail: Sara Kinslow, U.S. EPA Region III, RCRA Waste Branch,
Mailcode 3LC32, 1650 Arch Street, Philadelphia, PA 19103-2029.
4. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during normal hours of operation, and
special arrangements should be made for deliveries of boxed
information.
You may view and copy the District's application from 9:00 a.m. to
5:00 p.m., Monday through Friday at the following locations: District
of Columbia Department of Energy and Environment, Environmental
Services Administration, Hazardous Waste Branch, 1200 First Street NE,
5th Floor, Washington, DC, Phone number: (202) 654-6031, Attn: Barbara
Williams; and EPA Region III, Library, 2nd Floor, 1650 Arch Street,
Philadelphia, PA 19103-2029, Phone number: (215) 814-5254.
Instructions: EPA must receive your comments by July 11, 2018.
Direct your comments to Docket ID No. EPA-R03-RCRA-2017-0553. EPA's
policy is that all comments received will be included

[[Page 26918]]

in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI), or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through http://www.regulations.gov or
email. The Federal regulations website, http://www.regulations.gov, is
an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an email comment directly to EPA without
going through http://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, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. (For additional information about EPA's public
docket, visit the EPA Docket Center homepage at www.epa.gov/epahome/dockets.htm).
Docket: All documents in the docket are listed in the http://www.regulation.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
at http://www.regulations.gov or in hard copy.

FOR FURTHER INFORMATION CONTACT: Sara Kinslow, U.S. EPA Region III,
RCRA Waste Branch, Mailcode 3LC32, 1650 Arch Street, Philadelphia, PA
19103-2029; Phone: 215-814-5577.

SUPPLEMENTARY INFORMATION:

A. Why are revisions to State programs necessary?

States that have received final authorization from EPA under RCRA
section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous waste
program that is equivalent to, consistent with, and no less stringent
than the Federal program. As the Federal program is revised to become
more stringent or broader in scope, States must revise their programs
and apply to EPA to authorize the revisions. Authorization of revisions
to State programs may be necessary when Federal or State statutory or
regulatory authority is modified or when certain other revisions occur.
Most commonly, States must revise their programs because of revisions
to EPA's regulations in 40 Code of Federal Regulations (CFR) parts 124,
260 through 268, 270, 273, and 279.

B. What decisions are proposed in this rule?

On August 15, 2012, the District submitted a final program revision
application (with subsequent corrections) seeking authorization of
revisions to its hazardous waste program that correspond to certain
Federal rules promulgated between January 14, 1985 and July 1, 2004.
EPA concludes that the District's application to revise its authorized
program meets all of the statutory and regulatory requirements
established by RCRA, as set forth in RCRA section 3006(b), 42 U.S.C.
6926(b), and 40 CFR part 271. Therefore, EPA proposes to authorize
revisions to the District's hazardous waste program with the revisions
described in its authorization application, and as listed below in
Section G of this document.
The District has responsibility for permitting treatment, storage,
and disposal facilities within its borders and for carrying out the
aspects of the RCRA program described in its application, subject to
the limitations of the Hazardous and Solid Waste Amendments of 1984
(HSWA). New Federal requirements and prohibitions imposed by Federal
regulations that EPA promulgates under the authority of HSWA take
effect in authorized States before they are authorized for the
requirements. Thus, EPA will implement those HSWA requirements and
prohibitions for which the District has not been authorized, including
issuing HSWA permits, until the District is granted authorization to do
so.

C. What is the effect of today's proposed authorization decision?

This proposal to authorize revisions to the District's authorized
hazardous waste program will not impose additional requirements on the
regulated community because the regulations for which the District has
requested federal authorization are already effective under District
law and are not changed by today's action. The District has enforcement
responsibilities under its District hazardous waste program for
violations of its program, but EPA retains its authority under RCRA
sections 3007, 3008, 3013, and 7003, which include, among others,
authority to:
Perform inspections, and require monitoring, tests,
analyses, or reports;
Enforce RCRA requirements and suspend or revoke permits;
and
Take enforcement actions regardless of whether the
District has taken its own actions.

D. What happens if EPA receives comments on this proposed action?

If EPA receives comments on this proposed action, we will address
those comments in our final action. If you want to comment on this
proposed action, you must do so at this time. You may not have another
opportunity to comment.

E. What has the District of Columbia previously been authorized for?

The District initially received final authorization effective March
22, 1985 (50 FR 9427, March 8, 1985) to implement its base hazardous
waste management program. EPA granted authorization for revisions to
the District's regulatory program on September 10, 2001, effective
November 9, 2001 (66 FR 46961).
The District's previously-authorized hazardous waste program was
administered through the District of Columbia Department of Health.
However, on February 15, 2006, the District established the District
Department of Environment (DDOE) and reassigned the hazardous waste
program to DDOE. On July 23, 2015, DDOE was renamed as the Department
of Energy and Environment (DOEE). This name change occurred after the
District submitted a program revision application. As such, both DDOE
and DOEE appear in the District's final program revision application
(and subsequent corrections). The DOEE's Hazardous Waste Branch within
its Toxic Substances Division has authority to implement the District's
hazardous waste program.

F. What revisions is EPA proposing with this proposed action?

On August 15, 2012, the District submitted a final program revision
application (with subsequent corrections), seeking authorization of
additional revisions to its program in accordance with 40 CFR 271.21.
As described in Section F, the District has proposed to transfer the
authority to administer the approved program from

[[Page 26919]]

the District of Columbia Department of Health to DOEE. The District's
revision application also includes the District's statutory and
regulatory changes to the District's authorized hazardous waste
program, including adoption of the Federal hazardous waste regulations
published through July 1, 2004 (RCRA Cluster XIV), with certain
exceptions described in Section H. The District's revised statutes and
regulations are equivalent to, and no less stringent than, the
analogous Federal requirements.
The District seeks authority to administer the Federal requirements
that are listed in Table 1 below. Effective October 28, 2005, the
District incorporates by reference these Federal provisions. This table
lists the District's analogous requirements that are being recognized
as no less stringent than the analogous Federal requirements.
The District's regulatory references are to Title 20 of the
District of Columbia Municipal Regulations (DCMR), Chapters 42 and 43,
as amended effective October 28, 2005. The District's statutory
authority for its hazardous waste program is based on the District of
Columbia Hazardous Waste Management Act of 1977, DC Official Code Sec.
8-1301 et seq. The District's application also includes a revised
Program Description, which provides a description of the hazardous
waste regulatory program in the District.
In this proposed rule, EPA proposes, subject to public review and
comment, that the District's hazardous waste program revision
application satisfies all of the requirements necessary to qualify for
final authorization. Therefore, EPA is proposing to authorize the
District for the following program revisions:

Table 1--The District of Columbia's Analogs to the Federal Requirements
------------------------------------------------------------------------
Analogous District of Columbia
Federal requirement authority
------------------------------------------------------------------------
40 CFR part 260--Hazardous Waste Title 20 District of Columbia
Management System: General, as of Municipal Regulations (20 DCMR)
July 1, 2004. 4200, 4202.1, 4260.1 through
4260.7 (except 4260.4(e)). (More
stringent provisions: 4206.2).
40 CFR part 261--Identification and 20 DCMR 4261.1 through 4261.6,
Listing of Hazardous Waste, as of and 4261.8 through 4261.10.
July 1, 2004. (More stringent provisions:
4204.1, 4206.2, and 4261.7).
40 CFR part 262--Standards Applicable 20 DCMR 4201.9, 4204.1, 4204.3
to the Generators of Hazardous through 4204.5, 4262.1 through
Waste, as of July 1, 2004. 4262.3, 4262.5, and 4262.7.
(More stringent provisions:
4205.1, 4206.1, 4206.2, 4262.4,
and 4262.6).
40 CFR part 263--Standards Applicable 20 DCMR 4204.1, 4204.2, 4204.5,
to the Transporters of Hazardous and 4263.1. (More stringent
Waste, as of July 1, 2004. provisions: 4205.1, 4206.2, and
4263.2 through 4263.5).
40 CFR part 264--Standards for Owners 20 DCMR 4201.9, 4204.2, 4264.1
and Operators of Hazardous Waste through 4264.2(a)(3), and
Treatment, Storage, and Disposal 4264.2(b) through 4264.12. (More
Facilities, as of July 1, 2004. stringent provisions: 4202.3
introduction and (a) through
(e), (h), and (k), 4205.1,
4206.1, 4206.2, and
4264.2(a)(4)).
40 CFR part 265--Interim Status 20 DCMR 4201.9, 4265.1 through
Standards for Owners and Operators 4265.2(a)(3), 4265.2(b) through
of Hazardous Waste Treatment, 4265.6, and 4265.8 through
Storage, and Disposal Facilities, as 4265.11. (More stringent
of July 1, 2004. provisions: 4202.3 introduction
and (a) through (e), (h), and
(k), 4205.1, 4206.2,
4265.2(a)(4), 4265.7.
40 CFR part 266--Standards for the 20 DCMR 4201.9 and 4266.1 through
Management of Specific Hazardous 4266.3. (More stringent
Wastes and Specific Types of provisions: 4206.2).
Hazardous Waste Management
Facilities, as of July 1, 2004.
40 CFR part 268--Land Disposal 20 DCMR 4268.1 through 4268.3.
Restrictions, as of July 1, 2004. (More stringent provisions:
4202.2, 4202.3(e), and 4206.2).
40 CFR part 270--The Hazardous Waste 20 DCMR 4270.1, 4270.2, 4270.4
Permit Program, as of July 1, 2004. through 4270.14, 4271.1 through
4271.4(a), 4271.6 through
4271.9(a), 4316. (More stringent
provisions: 4206.2, 4270.3,
4271.4(b), 4271.5, 4271.9(b).
40 CFR part 273--Standards for 20 DCMR 4273.1 and 4273.5. (More
Universal Waste Management, as of stringent provisions: 4206.2 and
July 1, 2004. 4273.2 through 4273.4).
40 CFR part 279--Standards for the 20 DCMR 4279.1, 4279.2, 4279.4,
Management of Used Oil, as of July 4279.7(c), 4279.9, and 4279.10.
1, 2004. (More stringent provisions:
4202.3 (introduction), and (i),
4205.1, 4206.1, 4206.2, 4279.3,
4279.5 through 4279.7(b), and
4279.8).
------------------------------------------------------------------------

G. Where are the revised District rules different from the Federal
rules?

1. District of Columbia Requirements That Are Broader in Scope

The District hazardous waste program contains certain provisions
that are broader than the scope of the Federal program. These broader
in scope provisions are not part of the program EPA is proposing to
authorize. EPA cannot enforce requirements that are broader in scope,
although compliance with such provisions is required by District law.
Examples of broader in scope provisions of the District's program
include, but are not limited to, the following:
(a) 20 DCMR 4260.4(e) defines, and 20 DCMR Section 4203 identifies
specific procedures for listing, solid wastes that are not considered
hazardous wastes under 40 CFR part 261, but which the District may
determine to regulate as hazardous wastes under 20 DCMR Chapters 42 and
43. Such District-only wastes would make the District's universe of
regulated hazardous waste larger than EPA's and, therefore, broader in
scope.
(b) At 20 DCMR Section 4390, the District requires permit
application fees from generators, owners or operators of transfer
facilities, and hazardous waste storage, treatment, and disposal
facilities.

2. District of Columbia Requirements That Are More Stringent Than the
Federal Program

The District hazardous waste program contains several provisions
that are more stringent than the RCRA program as codified in the July
1, 2004 edition of Title 40 of the CFR. More stringent provisions are
part of a Federally-authorized program and are, therefore, Federally-
enforceable. Under this proposed action, EPA would authorize the
District program for each more stringent provision. The specific more
stringent provisions are also noted in Table 1. They include, but are
not limited to, the following:
(a) At 20 DCMR 4261.7, the District subjects generators of no more
than 100 kilograms in a calendar month to the

[[Page 26920]]

notification requirements at 20 DCMR 4204.1, rather than the reduced
requirements in the Federal regulations for this group of generators.
Additionally, the District does not incorporate the Federal provision
at 40 CFR 261.5(j) that allows conditionally exempt small quantity
generator waste that is mixed with used oil to be managed as used oil.
Instead, the District requires such a mixture to be managed as
hazardous waste.
(b) In addition to the requirements of 40 CFR part 265, subpart I,
20 DCMR 4265.7 requires generators storing waste in containers to also
comply with the containment system requirements of 40 CFR 264.175 and
the closure requirements of 40 CFR 264.178.
(c) At 20 DCMR 4262.4, the District limits hazardous waste
satellite accumulation to 90 days (180 days or 270 days for generators
of greater than 100 kilograms but less than 1,000 kilograms), and
requires that containers in satellite accumulation areas are marked
with an accumulation start date. The Federal requirements do not have a
dating requirement or time limit for satellite accumulation as long as
no more than 55 gallons of non-acute waste or one quart of acute waste
is accumulated.
(d) In the District, transfer facilities are considered to be
storage facilities and subject to full regulation under 20 DCMR
Chapters 42 and 43, rather than the reduced requirements of the federal
regulations. The District requirements are found at 20 DCMR
4264.2(a)(4) and 4265.2(a)(4).
(e) The District has a prohibition at 20 DCMR 4202.3 on any land-
based treatment, storage, or disposal of hazardous waste within the
District. This prohibition includes surface impoundments, waste piles,
landfills, road treatment, and any other land application of hazardous
waste. The District also prohibits land disposal, incineration, and
underground injection of hazardous waste, and prohibits burning,
processing, or incineration of hazardous waste, hazardous waste fuels,
or mixtures of hazardous wastes and other materials in any type of
incinerator, boiler, or industrial furnace. The Federal program does
not include such prohibitions.
(f) Unlike the Federal program, the District (at 20 DCMR 4202.3)
prohibits the burning of both on- and off-specification used oil in the
District, and prohibits the use of used oil as a dust suppressant.

3. Federal Requirements for Which the District of Columbia Is Not
Seeking Authorization

A number of the District's regulations are not part of the program
revisions EPA is proposing to authorize. Those provisions include, but
are not limited to, the following:
(a) The District has regulations defining how program information
is to be shared with the public, but is not seeking authorization for
the Availability of Information requirements relative to RCRA section
3006(f).
(b) The District is not seeking authority for the Federal
corrective action program. EPA will continue to administer this part of
the program.
(c) The District has incorporated the Federal hazardous waste
export provisions as codified in the July 1, 2004 edition of Title 40,
parts 262 and 264 of the CFR into 20 DCMR Sections 4262 and 4264.
However, the District is not seeking authorization for these provisions
at this time. EPA will continue to implement those requirements as
appropriate.
(d) 20 DCMR Section 4266 incorporates the mixed waste provisions as
codified in the July 1, 2004 edition of Title 40 of the CFR, but the
District has not yet been authorized, nor is the District now seeking
authorization, to implement the mixed waste regulations. The provisions
at 20 DCMR 4266.1 and 4266.3 will become effective in the District when
the District is authorized for the mixed waste rules.

H. Who handles permits after the authorization takes effect?

The District will continue to issue permits covering all the
provisions for which it is authorized and will administer the permits
it issues. EPA will continue to administer any RCRA hazardous waste
permits or portions of permits that EPA issued prior to the effective
date of this authorization in accordance with the signed Memorandum of
Agreement, dated March 10, 2017, which is included with this program
revision application. Until such time as formal transfer of EPA permit
responsibility to the District occurs and EPA terminates its permit,
EPA and the District agree to coordinate the administration of permits
in order to maintain consistency. EPA will not issue any new permits or
new portions of permits for the provisions listed in Section G after
the effective date of this authorization. EPA will continue to
implement and issue permits for HSWA requirements for which the
District is not yet authorized.

I. How would this proposed action affect Indian Country (18 U.S.C. 115)
in the District of Columbia?

The District is not seeking authority to operate the program on
Indian lands, since there are no Federally-recognized Indian Lands in
the District.

J. Statutory and Executive Order Reviews

This authorization revises the District's authorized hazardous
waste management program pursuant to Section 3006 of RCRA and imposes
no requirements other than those currently imposed by District law.
This authorization complies with applicable executive orders and
statutory provisions as follows:

1. Executive Order 12866

Under Executive Order (E.O.) 12866 (58 FR 51735, October 4, 1993),
Federal agencies must determine whether the regulatory action is
``significant'', and therefore subject to Office of Management and
Budget (OMB) review and the requirements of the E.O. The E.O. defines
``significant regulatory action'' as one that is likely to result in a
rule that may: (1) Have an annual effect on the economy of $100 million
or more, or adversely affect in a material way, the economy, a sector
of the economy, productivity, competition, jobs, the environment,
public health or safety, or State, local, or tribal governments or
communities; (2) create a serious inconsistency or otherwise interfere
with an action taken or planned by another agency; (3) materially alter
the budgetary impact of entitlements, grants, user fees, or loan
programs, or the rights and obligations of recipients thereof; or (4)
raise novel legal or policy issues arising out of legal mandates, the
President's priorities, or the principles set forth in the E.O. EPA has
determined that this authorization is not a ``significant regulatory
action'' under the terms of E.O. 12866 and is therefore not subject to
OMB review.

2. Paperwork Reduction Act

This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.,
because this authorization does not establish or modify any information
or recordkeeping requirements for the regulated community and only
seeks to authorize the pre-existing requirements under State law and
imposes no additional requirements beyond those imposed by State law.
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose

[[Page 26921]]

or provide information to or for a Federal agency. This includes the
time needed to review instructions; develop, acquire, install, and
utilize technology and systems for the purposes of collecting,
validating, and verifying information, processing, and maintaining
information, and disclosing and providing information; adjust the
existing ways to comply with any previously applicable instructions and
requirements; train personnel to be able to respond to a collection of
information; search data sources; complete and review the collection of
information; and transmit or otherwise disclose the information.
An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in title 40 of the CFR are listed in 40 CFR part 9.

3. Regulatory Flexibility Act

The Regulatory Flexibility Act (RFA), generally requires Federal
agencies to prepare a regulatory flexibility analysis of any rule
subject to notice and comment rulemaking requirements under the
Administrative Procedure Act or any other statute unless the agency
certifies that the rule will not have a significant economic impact on
a substantial number of small entities. Small entities include small
businesses, small organizations, and small governmental jurisdictions.
For purposes of assessing the impacts of this authorization on small
entities, small entity is defined as: (1) A small business defined by
the Small Business Administration's size regulations at 13 CFR 121.201;
(2) a small governmental jurisdiction that is a government of a city,
county, town, school district, or special district with a population of
less than 50,000; and (3) a small organization that is any not-for-
profit enterprise which is independently owned and operated and is not
dominant in its field. I certify that this authorization will not have
a significant economic impact on a substantial number of small entities
because the authorization will only have the effect of authorizing pre-
existing requirements under State law and imposes no additional
requirements beyond those imposed by State law.

4. Unfunded Mandates Reform Act

Title II of the Unfunded Mandates Reform Act (UMRA) of 1995 (Pub.
L. 104-4) establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
one year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective, or least burdensome alternative if the
Administrator publishes with the rule an explanation why the
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of EPA regulatory proposals with significant
Federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements. This authorization contains no Federal mandates (under
the regulatory provisions of Title II of the UMRA) for State, local, or
tribal governments or the private sector. It imposes no new enforceable
duty on any State, local or tribal governments or the private sector.
Similarly, EPA has also determined that this authorization contains no
regulatory requirements that might significantly or uniquely affect
small government entities. Thus, this authorization is not subject to
the requirements of sections 202 and 203 of the UMRA.

5. Executive Order 13132: Federalism

This authorization 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 various levels of government, as
specified in E.O. 13132 (64 FR 43255, August 10, 1999). This document
authorizes pre-existing State rules. Thus, E.O. 13132 does not apply to
this authorization. In the spirit of E.O. 13132, and consistent with
EPA policy to promote communications between EPA and State and local
governments, EPA specifically solicited comment on this authorization
from State and local officials.

6. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (59 FR 22951, November 9, 2000),
requires the EPA to develop an accountable process to ensure
``meaningful and timely input by tribal officials in the development of
regulatory policies that have tribal implications.'' This authorization
does not have tribal implications, as specified in E.O. 13175 because
EPA retains its authority over Indian Country. Thus, E.O. 13175 does
not apply to this authorization.

7. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks

EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997)
as applying only to those regulatory actions that concern health or
safety risks, such that the analysis required under section 5-501 of
the E.O. has the potential to influence the regulation. This action is
not subject to E.O. 13045 because it proposes to approve a State
program.

8. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use

This authorization 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'' as defined under E.O. 12866,
as discussed in detail above.

9. National Technology Transfer and Advancement Act

Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), (Pub. L. 104-113, 12(d)) (15 U.S.C. 272),
directs EPA to use voluntary consensus standards in its regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus bodies. The NTTAA directs EPA to provide

[[Page 26922]]

Congress, through OMB, explanations when the Federal agency decides not
to use available and applicable voluntary consensus standards. This
authorization does not involve technical standards. Therefore, EPA is
not considering the use of any voluntary consensus standards.

10. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

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. EPA has determined that this
authorization will not have disproportionately high and adverse human
health or environmental effects on minority or low-income populations.
This authorization does not affect the level of protection provided to
human health or the environment because this document authorizes pre-
existing State rules which are equivalent to and no less stringent than
existing Federal requirements.

11. The Congressional Review Act, 5 U.S.C. 801-808

The Congressional Review Act, 5 U.S.C. 801-808, generally provides
that before a rule may take effect, the agency promulgating the rule
must submit a rule report, which includes a copy of the rule, to each
House of the Congress and to the Comptroller General of the United
States. EPA will submit a report containing this document and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication in the Federal Register. A major rule cannot take effect
until 60 days after it is published in the Federal Register. This
action is not a ``major rule'' as defined by 5 U.S.C. 804(2).

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 proposed 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: May 2, 2018.
Cosmo Servidio,
Regional Administrator, U.S. EPA Region III.
[FR Doc. 2018-12507 Filed 6-8-18; 8:45 am]
BILLING CODE 6560-50-P

Federal Register / Vol. 83, No. 112 / Monday, June 11, 2018 / Proposed Rules 26917

www.regulations.gov and at the EPA demonstrated that a tribe has ENVIRONMENTAL PROTECTION
Region IX Office (see the FOR FURTHER jurisdiction, and will not impose AGENCY
INFORMATION CONTACT section of this substantial direct costs on tribal
preamble for more information). governments or preempt tribal law. 40 CFR Part 271
Thus, Executive Order 13175 does not [EPA–R03–RCRA–2017–0553; FRL–9979–
V. Statutory and Executive Order
apply to this action. 06—Region 3]
Reviews
Additional information about these G. Executive Order 13045: Protection of
District of Columbia: Proposed
statutes and Executive Orders can be Children From Environmental Health
Authorization of District Hazardous
found at http://www2.epa.gov/laws- Risks and Safety Risks
Waste Management Program
regulations/laws-and-executive-orders. The EPA interprets Executive Order Revisions
A. Executive Order 12866: Regulatory 13045 as applying only to those
AGENCY: Environmental Protection
Planning and Review and Executive regulatory actions that concern
Agency (EPA).
Order 13563: Improving Regulation and environmental health or safety risks that
the EPA has reason to believe may ACTION: Proposed rule.
Regulatory Review
disproportionately affect children, per SUMMARY: The District of Columbia (the
This action is not a significant the definition of ‘‘covered regulatory
regulatory action and was therefore not District) has applied to the United States
action’’ in section 2–202 of the Environmental Protection Agency (EPA)
submitted to the Office of Management Executive Order. This action is not
and Budget (OMB) for review. for final authorization of revisions to its
subject to Executive Order 13045 hazardous waste program under the
B. Paperwork Reduction Act (PRA) because it does not impose additional Resource Conservation and Recovery
requirements beyond those imposed by Act (RCRA). EPA has reviewed the
This action does not impose an state law.
information collection burden under the District’s application, and has
PRA because this action does not H. Executive Order 13211: Actions That determined that these revisions satisfy
impose additional requirements beyond Significantly Affect Energy Supply, all requirements needed to qualify for
those imposed by state law. Distribution, or Use final authorization. As a result, by this
proposed rule, EPA is proposing to
C. Regulatory Flexibility Act (RFA) This action is not subject to Executive authorize the District’s revisions and is
Order 13211, because it is not a seeking public comment prior to taking
I certify that this action will not have
significant regulatory action under final action.
a significant economic impact on a
Executive Order 12866. DATES: Comments on this proposed rule
substantial number of small entities
under the RFA. This action will not I. National Technology Transfer and must be received by July 11, 2018.
impose any requirements on small Advancement Act (NTTAA) ADDRESSES: Submit your comments,
entities beyond those imposed by state identified by Docket ID No. EPA–R03–
law. Section 12(d) of the NTTAA directs
RCRA–2017–0553, by one of the
the EPA to use voluntary consensus
D. Unfunded Mandates Reform Act following methods:
standards in its regulatory activities 1. Federal eRulemaking Portal: http://
(UMRA) unless to do so would be inconsistent www.regulations.gov. Follow the on-line
This action does not contain any with applicable law or otherwise instructions for submitting comments.
unfunded mandate as described in impractical. The EPA believes that this 2. Email: kinslow.sara@epa.gov.
UMRA, 2 U.S.C. 1531–1538, and does action is not subject to the requirements 3. Mail: Sara Kinslow, U.S. EPA
not significantly or uniquely affect small of section 12(d) of the NTTAA because Region III, RCRA Waste Branch,
governments. This action does not application of those requirements would Mailcode 3LC32, 1650 Arch Street,
impose additional requirements beyond be inconsistent with the CAA. Philadelphia, PA 19103–2029.
those imposed by state law. J. Executive Order 12898: Federal 4. Hand Delivery: At the previously-
Accordingly, no additional costs to Actions To Address Environmental listed EPA Region III address. Such
State, local, or tribal governments, or to Justice in Minority Populations and deliveries are only accepted during
the private sector, will result from this Low-Income Population normal hours of operation, and special
action. arrangements should be made for
The EPA lacks the discretionary deliveries of boxed information.
E. Executive Order 13132: Federalism authority to address environmental You may view and copy the District’s
This action does not have federalism justice in this rulemaking. application from 9:00 a.m. to 5:00 p.m.,
implications. It will not have substantial List of Subjects in 40 CFR Part 52 Monday through Friday at the following
direct effects on the States, on the locations: District of Columbia
relationship between the national Air pollution control, Environmental Department of Energy and Environment,
government and the states, or on the protection, Incorporation by reference, Environmental Services Administration,
distribution of power and Intergovernmental relations, New Hazardous Waste Branch, 1200 First
responsibilities among the various Source Review, Ozone, Particulate Street NE, 5th Floor, Washington, DC,
levels of government. matter, Reporting and recordkeeping Phone number: (202) 654–6031, Attn:
requirements, Volatile organic Barbara Williams; and EPA Region III,
F. Executive Order 13175: Coordination
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compounds. Library, 2nd Floor, 1650 Arch Street,
With Indian Tribal Governments
Authority: 42 U.S.C. 7401 et seq. Philadelphia, PA 19103–2029, Phone
This action does not have tribal number: (215) 814–5254.
implications, as specified in Executive Dated: May 18, 2018. Instructions: EPA must receive your
Order 13175, because the SIP is not Deborah Jordan, comments by July 11, 2018. Direct your
approved to apply on any Indian Acting Regional Administrator, Region IX. comments to Docket ID No. EPA–R03–
reservation land or in any other area [FR Doc. 2018–12390 Filed 6–8–18; 8:45 am] RCRA–2017–0553. EPA’s policy is that
where the EPA or an Indian tribe has BILLING CODE 6560–50–P all comments received will be included

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26918 Federal Register / Vol. 83, No. 112 / Monday, June 11, 2018 / Proposed Rules

in the public docket without change and and no less stringent than the Federal District has enforcement responsibilities
may be made available online at program. As the Federal program is under its District hazardous waste
www.regulations.gov, including any revised to become more stringent or program for violations of its program,
personal information provided, unless broader in scope, States must revise but EPA retains its authority under
the comment includes information their programs and apply to EPA to RCRA sections 3007, 3008, 3013, and
claimed to be Confidential Business authorize the revisions. Authorization of 7003, which include, among others,
Information (CBI), or other information revisions to State programs may be authority to:
whose disclosure is restricted by statute. necessary when Federal or State • Perform inspections, and require
Do not submit information that you statutory or regulatory authority is monitoring, tests, analyses, or reports;
consider to be CBI or otherwise modified or when certain other • Enforce RCRA requirements and
protected through http:// revisions occur. Most commonly, States suspend or revoke permits; and
www.regulations.gov or email. The must revise their programs because of • Take enforcement actions regardless
Federal regulations website, http:// revisions to EPA’s regulations in 40 of whether the District has taken its own
www.regulations.gov, is an ‘‘anonymous Code of Federal Regulations (CFR) parts actions.
access’’ system, which means EPA will 124, 260 through 268, 270, 273, and 279. D. What happens if EPA receives
not know your identity or contact B. What decisions are proposed in this comments on this proposed action?
information unless you provide it in the rule?
body of your comment. If you send an If EPA receives comments on this
email comment directly to EPA without On August 15, 2012, the District proposed action, we will address those
going through http:// submitted a final program revision comments in our final action. If you
www.regulations.gov, your email application (with subsequent want to comment on this proposed
address will be automatically captured corrections) seeking authorization of action, you must do so at this time. You
and included as part of the comment revisions to its hazardous waste may not have another opportunity to
that is placed in the public docket and program that correspond to certain comment.
made available on the internet. If you Federal rules promulgated between
E. What has the District of Columbia
submit an electronic comment, EPA January 14, 1985 and July 1, 2004. EPA
previously been authorized for?
recommends that you include your concludes that the District’s application
to revise its authorized program meets The District initially received final
name and other contact information in authorization effective March 22, 1985
the body of your comment and with any all of the statutory and regulatory
requirements established by RCRA, as (50 FR 9427, March 8, 1985) to
disk or CD–ROM you submit. If EPA implement its base hazardous waste
set forth in RCRA section 3006(b), 42
cannot read your comment due to management program. EPA granted
U.S.C. 6926(b), and 40 CFR part 271.
technical difficulties and cannot contact authorization for revisions to the
Therefore, EPA proposes to authorize
you for clarification, EPA may not be District’s regulatory program on
revisions to the District’s hazardous
able to consider your comment. September 10, 2001, effective November
waste program with the revisions
Electronic files should avoid the use of 9, 2001 (66 FR 46961).
described in its authorization
special characters, any form of The District’s previously-authorized
application, and as listed below in
encryption, and be free of any defects or hazardous waste program was
Section G of this document.
viruses. (For additional information The District has responsibility for administered through the District of
about EPA’s public docket, visit the EPA permitting treatment, storage, and Columbia Department of Health.
Docket Center homepage at disposal facilities within its borders and However, on February 15, 2006, the
www.epa.gov/epahome/dockets.htm). for carrying out the aspects of the RCRA District established the District
Docket: All documents in the docket program described in its application, Department of Environment (DDOE) and
are listed in the http:// subject to the limitations of the reassigned the hazardous waste program
www.regulation.gov index. Although Hazardous and Solid Waste to DDOE. On July 23, 2015, DDOE was
listed in the index, some information is Amendments of 1984 (HSWA). New renamed as the Department of Energy
not publicly available, e.g., CBI or other Federal requirements and prohibitions and Environment (DOEE). This name
information whose disclosure is imposed by Federal regulations that change occurred after the District
restricted by statute. Certain other EPA promulgates under the authority of submitted a program revision
material, such as copyrighted material, HSWA take effect in authorized States application. As such, both DDOE and
will be publicly available only in hard before they are authorized for the DOEE appear in the District’s final
copy. Publicly available docket requirements. Thus, EPA will program revision application (and
materials are available either implement those HSWA requirements subsequent corrections). The DOEE’s
electronically at http:// and prohibitions for which the District Hazardous Waste Branch within its
www.regulations.gov or in hard copy. has not been authorized, including Toxic Substances Division has authority
FOR FURTHER INFORMATION CONTACT: Sara issuing HSWA permits, until the District to implement the District’s hazardous
Kinslow, U.S. EPA Region III, RCRA is granted authorization to do so. waste program.
Waste Branch, Mailcode 3LC32, 1650
Arch Street, Philadelphia, PA 19103– C. What is the effect of today’s proposed F. What revisions is EPA proposing
2029; Phone: 215–814–5577. authorization decision? with this proposed action?
SUPPLEMENTARY INFORMATION: This proposal to authorize revisions On August 15, 2012, the District
daltland on DSKBBV9HB2PROD with PROPOSALS

to the District’s authorized hazardous submitted a final program revision
A. Why are revisions to State programs waste program will not impose application (with subsequent
necessary? additional requirements on the corrections), seeking authorization of
States that have received final regulated community because the additional revisions to its program in
authorization from EPA under RCRA regulations for which the District has accordance with 40 CFR 271.21. As
section 3006(b), 42 U.S.C. 6926(b), must requested federal authorization are described in Section F, the District has
maintain a hazardous waste program already effective under District law and proposed to transfer the authority to
that is equivalent to, consistent with, are not changed by today’s action. The administer the approved program from

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26920 Federal Register / Vol. 83, No. 112 / Monday, June 11, 2018 / Proposed Rules

notification requirements at 20 DCMR 3. Federal Requirements for Which the I. How would this proposed action
4204.1, rather than the reduced District of Columbia Is Not Seeking affect Indian Country (18 U.S.C. 115) in
requirements in the Federal regulations Authorization the District of Columbia?
for this group of generators. A number of the District’s regulations The District is not seeking authority to
Additionally, the District does not are not part of the program revisions operate the program on Indian lands,
incorporate the Federal provision at 40 EPA is proposing to authorize. Those since there are no Federally-recognized
CFR 261.5(j) that allows conditionally provisions include, but are not limited Indian Lands in the District.
exempt small quantity generator waste to, the following: J. Statutory and Executive Order
that is mixed with used oil to be (a) The District has regulations Reviews
managed as used oil. Instead, the defining how program information is to
District requires such a mixture to be This authorization revises the
be shared with the public, but is not District’s authorized hazardous waste
managed as hazardous waste. seeking authorization for the management program pursuant to
(b) In addition to the requirements of Availability of Information requirements Section 3006 of RCRA and imposes no
40 CFR part 265, subpart I, 20 DCMR relative to RCRA section 3006(f). requirements other than those currently
4265.7 requires generators storing waste (b) The District is not seeking imposed by District law. This
in containers to also comply with the authority for the Federal corrective authorization complies with applicable
containment system requirements of 40 action program. EPA will continue to executive orders and statutory
CFR 264.175 and the closure administer this part of the program. provisions as follows:
requirements of 40 CFR 264.178. (c) The District has incorporated the
1. Executive Order 12866
(c) At 20 DCMR 4262.4, the District Federal hazardous waste export
limits hazardous waste satellite provisions as codified in the July 1, Under Executive Order (E.O.) 12866
2004 edition of Title 40, parts 262 and (58 FR 51735, October 4, 1993), Federal
accumulation to 90 days (180 days or
264 of the CFR into 20 DCMR Sections agencies must determine whether the
270 days for generators of greater than
4262 and 4264. However, the District is regulatory action is ‘‘significant’’, and
100 kilograms but less than 1,000
not seeking authorization for these therefore subject to Office of
kilograms), and requires that containers Management and Budget (OMB) review
in satellite accumulation areas are provisions at this time. EPA will
continue to implement those and the requirements of the E.O. The
marked with an accumulation start date. E.O. defines ‘‘significant regulatory
The Federal requirements do not have a requirements as appropriate.
action’’ as one that is likely to result in
dating requirement or time limit for (d) 20 DCMR Section 4266
a rule that may: (1) Have an annual
satellite accumulation as long as no incorporates the mixed waste provisions
effect on the economy of $100 million
more than 55 gallons of non-acute waste as codified in the July 1, 2004 edition
or more, or adversely affect in a material
or one quart of acute waste is of Title 40 of the CFR, but the District
way, the economy, a sector of the
accumulated. has not yet been authorized, nor is the
economy, productivity, competition,
District now seeking authorization, to
(d) In the District, transfer facilities jobs, the environment, public health or
implement the mixed waste regulations.
are considered to be storage facilities safety, or State, local, or tribal
The provisions at 20 DCMR 4266.1 and
and subject to full regulation under 20 governments or communities; (2) create
4266.3 will become effective in the
DCMR Chapters 42 and 43, rather than a serious inconsistency or otherwise
District when the District is authorized interfere with an action taken or
the reduced requirements of the federal for the mixed waste rules.
regulations. The District requirements planned by another agency; (3)
H. Who handles permits after the materially alter the budgetary impact of
are found at 20 DCMR 4264.2(a)(4) and
authorization takes effect? entitlements, grants, user fees, or loan
4265.2(a)(4).
programs, or the rights and obligations
(e) The District has a prohibition at 20 The District will continue to issue of recipients thereof; or (4) raise novel
DCMR 4202.3 on any land-based permits covering all the provisions for legal or policy issues arising out of legal
treatment, storage, or disposal of which it is authorized and will mandates, the President’s priorities, or
hazardous waste within the District. administer the permits it issues. EPA the principles set forth in the E.O. EPA
This prohibition includes surface will continue to administer any RCRA has determined that this authorization is
impoundments, waste piles, landfills, hazardous waste permits or portions of not a ‘‘significant regulatory action’’
road treatment, and any other land permits that EPA issued prior to the under the terms of E.O. 12866 and is
application of hazardous waste. The effective date of this authorization in therefore not subject to OMB review.
District also prohibits land disposal, accordance with the signed
Memorandum of Agreement, dated 2. Paperwork Reduction Act
incineration, and underground injection
of hazardous waste, and prohibits March 10, 2017, which is included with This action does not impose an
this program revision application. Until information collection burden under the
burning, processing, or incineration of
such time as formal transfer of EPA provisions of the Paperwork Reduction
hazardous waste, hazardous waste fuels,
permit responsibility to the District Act, 44 U.S.C. 3501 et seq., because this
or mixtures of hazardous wastes and
occurs and EPA terminates its permit, authorization does not establish or
other materials in any type of
EPA and the District agree to coordinate modify any information or
incinerator, boiler, or industrial furnace.
the administration of permits in order to recordkeeping requirements for the
The Federal program does not include
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maintain consistency. EPA will not regulated community and only seeks to
such prohibitions. issue any new permits or new portions authorize the pre-existing requirements
(f) Unlike the Federal program, the of permits for the provisions listed in under State law and imposes no
District (at 20 DCMR 4202.3) prohibits Section G after the effective date of this additional requirements beyond those
the burning of both on- and off- authorization. EPA will continue to imposed by State law.
specification used oil in the District, implement and issue permits for HSWA Burden means the total time, effort, or
and prohibits the use of used oil as a requirements for which the District is financial resources expended by persons
dust suppressant. not yet authorized. to generate, maintain, retain, or disclose

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26922 Federal Register / Vol. 83, No. 112 / Monday, June 11, 2018 / Proposed Rules

Congress, through OMB, explanations Reporting and recordkeeping DATES: Comments must be received on
when the Federal agency decides not to requirements. or before August 10, 2018.
use available and applicable voluntary Authority: This proposed action is issued ADDRESSES: Submit your comments,
consensus standards. This authorization under the authority of sections 2002(a), 3006 identified by docket identification (ID)
does not involve technical standards. and 7004(b) of the Solid Waste Disposal Act, number EPA–HQ–OPPT–2018–0159, by
Therefore, EPA is not considering the as amended, 42 U.S.C. 6912(a), 6926, 6974(b). one of the following methods:
use of any voluntary consensus Dated: May 2, 2018. • Federal eRulemaking Portal: http://
standards. Cosmo Servidio, www.regulations.gov. Follow the online
10. Executive Order 12898: Federal Regional Administrator, U.S. EPA Region III.
instructions for submitting comments.
Actions To Address Environmental Do not submit electronically any
[FR Doc. 2018–12507 Filed 6–8–18; 8:45 am]
Justice in Minority Populations and information you consider to be
BILLING CODE 6560–50–P
Low-Income Populations Confidential Business Information (CBI)
or other information whose disclosure is
Executive Order 12898 (59 FR 7629, restricted by statute.
ENVIRONMENTAL PROTECTION
February 16, 1994) establishes Federal • Mail: Document Control Office
AGENCY
executive policy on environmental (7407M), Office of Pollution Prevention
justice. Its main provision directs 40 CFR Part 721 and Toxics (OPPT), Environmental
Federal agencies, to the greatest extent Protection Agency, 1200 Pennsylvania
practicable and permitted by law, to [EPA–HQ–OPPT–2018–0159; FRL–9978–76] Ave. NW, Washington, DC 20460–0001.
make environmental justice part of their • Hand Delivery: To make special
mission by identifying and addressing, RIN 2070–AK45 arrangements for hand delivery or
as appropriate, disproportionately high delivery of boxed information, please
and adverse human health or Asbestos; Significant New Use Rule follow the instructions at http://
environmental effects of their programs, AGENCY: Environmental Protection www.epa.gov/dockets/contacts.html.
policies, and activities on minority Agency (EPA). Additional instructions on commenting
populations and low-income or visiting the docket, along with more
ACTION: Proposed rule.
populations in the United States. EPA information about dockets generally, is
has determined that this authorization SUMMARY: Under the Toxic Substances available at http://www.epa.gov/
will not have disproportionately high Control Act (TSCA), EPA is proposing a dockets.
and adverse human health or significant new use rule (SNUR) for FOR FURTHER INFORMATION CONTACT:
environmental effects on minority or asbestos as defined under the Asbestos For technical information contact:
low-income populations. This Hazard Emergency Response Act. The Robert Courtnage, National Program
authorization does not affect the level of proposed significant new use of asbestos Chemicals Division (Mail Code 7404T),
protection provided to human health or (including as part of an article) is Office of Pollution Prevention and
the environment because this document manufacturing (including importing) or Toxics, Environmental Protection
authorizes pre-existing State rules processing for certain uses identified by Agency, 1200 Pennsylvania Ave. NW,
which are equivalent to and no less EPA as no longer ongoing. The Agency Washington, DC 20460–0001; telephone
stringent than existing Federal has found no information indicating number: (202) 566–1081; email address:
requirements. that the following uses are ongoing, and courtnage.robert@epa.gov.
11. The Congressional Review Act, 5 therefore, the following uses are subject For general information contact: The
U.S.C. 801–808 to this proposed SNUR: Adhesives, TSCA-Hotline, ABVI-Goodwill, 422
sealants, and roof and non-roof coatings; South Clinton Ave., Rochester, NY
The Congressional Review Act, 5 arc chutes; beater-add gaskets; extruded 14620; telephone number: (202) 554–
U.S.C. 801–808, generally provides that sealant tape and other tape; filler for 1404; email address: TSCA-Hotline@
before a rule may take effect, the agency acetylene cylinders; high-grade epa.gov.
promulgating the rule must submit a electrical paper; millboard; missile SUPPLEMENTARY INFORMATION:
rule report, which includes a copy of liner; pipeline wrap; reinforced plastics;
the rule, to each House of the Congress roofing felt; separators in fuel cells and I. General Information
and to the Comptroller General of the batteries; vinyl-asbestos floor tile; and A. Does this action apply to me?
United States. EPA will submit a report any other building material (other than
containing this document and other cement). Persons subject to the SNUR You may be potentially affected by
required information to the U.S. Senate, would be required to notify EPA at least this action if you manufacture
the U.S. House of Representatives, and 90 days before commencing any (including import), process, or
the Comptroller General of the United manufacturing (including importing) or distribute in commerce asbestos as
States prior to publication in the processing of asbestos (including as part defined by TSCA Title II, Section 202
Federal Register. A major rule cannot of an article) for a significant new use. (15 U.S.C. 2642) (including as part of an
take effect until 60 days after it is The required notification initiates EPA’s article). The following list of North
published in the Federal Register. This evaluation of the conditions of use American Industrial Classification
action is not a ‘‘major rule’’ as defined associated with the intended use within System (NAICS) codes is not intended
by 5 U.S.C. 804(2). the applicable review period. to be exhaustive, but rather provides a
daltland on DSKBBV9HB2PROD with PROPOSALS

Manufacturing (including importing) guide to help readers determine whether
List of Subjects in 40 CFR Part 271 this document applies to them.
and processing (including as part of an
Environmental protection, article) for the significant new use may Potentially affected entities may
Administrative practice and procedure, not commence until EPA has conducted include:
Confidential business information, a review of the notice, made an • Construction (NAICS code 23)
Hazardous waste, Hazardous waste appropriate determination on the notice, • Manufacturing (NAICS codes 31–
transportation, Indian lands, and taken such actions as are required 33)
Intergovernmental relations, Penalties, in association with that determination. • Wholesale Trade (NAICS code 42)

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Document Created: 2018-11-02 11:59:25
Document Modified: 2018-11-02 11:59:25

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		Proposed Rules
Action		Proposed rule.
Dates		Comments on this proposed rule must be received by July 11, 2018.
Contact		Sara Kinslow, U.S. EPA Region III, RCRA Waste Branch, Mailcode 3LC32, 1650 Arch Street, Philadelphia, PA 19103-2029; Phone: 215-814-5577.
FR Citation		83 FR 26917
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