83 FR 47858 - Kentucky: Proposed Authorization of State Hazardous Waste Management Program Revisions
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 184 (September 21, 2018)
Federal Register Volume 83, Issue 184 (September 21, 2018)
| Page Range | 47858-47867 | |
| FR Document | 2018-20533 |
[Federal Register Volume 83, Number 184 (Friday, September 21, 2018)] [Proposed Rules] [Pages 47858-47867] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-20533] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 271 [EPA-R04-RCRA-2018-0527; FRL-9984-12--Region 4] Kentucky: Proposed Authorization of State Hazardous Waste Management Program Revisions AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. ----------------------------------------------------------------------- [[Page 47859]] SUMMARY: Kentucky has applied to the Environmental Protection Agency (EPA) for final authorization of changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA), as amended. EPA has reviewed Kentucky's application and has determined that these changes satisfy all requirements needed to qualify for final authorization. Therefore, we are proposing to authorize the State's changes. EPA seeks public comment prior to taking final action. DATES: Comments must be received on or before October 22, 2018. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04- RCRA-2018-0527, at http://www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from www.regulations.gov. EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Audrey Baker, Materials and Waste Management Branch, RCR Division, U.S. Environmental Protection Agency, Atlanta Federal Center, 61 Forsyth Street SW, Atlanta, Georgia 30303- 8960; telephone number: (404) 562-8483: fax number: (404) 562-9964; email address: baker.audrey@epa.gov. 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 changes, states must change their programs and ask EPA to authorize the changes. Changes to state programs may be necessary when federal or state statutory or regulatory authority is modified or when certain other changes occur, including revisions to state programs initiated by the states. Most commonly, states must change their programs because of changes to EPA's regulations in 40 Code of Federal Regulations (CFR) parts 124, 260 through 268, 270, 273, and 279. New federal requirements and prohibitions imposed by federal regulations that EPA promulgates pursuant to the Hazardous and Solid Waste Amendments of 1984 (HSWA) take effect in authorized states at the same time that they take effect in unauthorized states. Thus, EPA implements those requirements and prohibitions in the states, including the issuance of new permits implementing those requirements, until the states are granted authorization to do so. B. What decisions has EPA made in this rule? On April 13, 2018, Kentucky submitted a program revision application seeking authorization of changes to its hazardous waste program in accordance with 40 CFR 271.21. In particular, Kentucky is seeking authorization for updated State regulations addressing all federal RCRA regulations through June 30, 2017. EPA concludes that Kentucky'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 grant Kentucky final authorization to operate its hazardous waste program with the changes described in its authorization application, and as outlined below in Section F of this document. Kentucky currently 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 revised program application, subject to the limitations of HSWA. Upon authorization of the changes contained in Kentucky's program revision application, Kentucky will gain permitting responsibility for the additional HSWA requirements contained in its application as discussed in Section C below. C. What is the effect of this proposed authorization decision? If Kentucky is authorized for the changes described in Kentucky's authorization application, these changes will become part of the authorized State hazardous waste program, and therefore will be federally enforceable. Kentucky will continue to have primary enforcement authority and responsibility for its State hazardous waste program. Upon authorization for certain HSWA provisions included in Kentucky's application, including organic air emissions standards, boiler and industrial furnace requirements, and land disposal restrictions, Kentucky will assume permitting responsibility for these portions of the RCRA program from EPA. EPA and the State will coordinate the transfer of permitting responsibility for any existing federal permits from EPA to the State upon final authorization. EPA will retain its authorities under RCRA sections 3007, 3008, 3013, and 7003, including its authority to:Conduct inspections, and require monitoring, tests, analyses, or reports; Enforce RCRA requirements, including authorized State program requirements, and suspend or revoke permits; and Take enforcement actions regardless of whether the State has taken its own actions. This action will not impose additional requirements on the regulated community because the regulations for which EPA is proposing to authorize Kentucky are already effective, and are not changed by today's proposed action. D. What happens if EPA receives comments that oppose this action? EPA will evaluate any comments received on this proposed action and will make a final decision on approval or disapproval of Kentucky's proposed authorization. Our decision will be published in the Federal Register. You may not have another opportunity to comment. If you want to comment on this authorization, you must do so at this time. E. What has Kentucky previously been authorized for? Kentucky initially received final authorization on January 17, 1985, effective January 31, 1985 (50 FR 2550), to implement the RCRA hazardous waste management program. EPA granted authorization for changes to Kentucky's program on the following dates: October 20, 1988, effective December 19, 1988 (53 FR 41164); January 18, 1989, effective March 20, 1989 (54 FR 1940); March 16, 1989, effective May 15, 1989 (54 FR 10986); October 30, 1992, effective December 29, 1992 (57 FR 49140); January 10, 1995, effective March 13, 1995 (60 FR 2534); April 26, 1996, effective June 25, 1996 (61 FR 18504); May 23, 1996, [[Page 47860]] effective July 22, 1996 (61 FR 25799); and December 26, 2001, effective February 25, 2002 (66 FR 66340). F. What changes are we proposing with today's action? Kentucky's hazardous waste program was previously codified in 166 regulations set forth at Title 401 of the Kentucky Administrative Regulations (KAR) Chapters 31 through 39, 43, and 44. Kentucky promulgated revised hazardous waste regulations, effective on December 7, 2017, which condensed these former hazardous waste regulations into five regulations found at 401 KAR Chapter 39. Kentucky's regulations at 401 KAR Chapter 39 adopt the majority of Title 40 of the Code of Federal Regulations, parts 260 through 270, 273, and 279, via incorporation by reference. The Kentucky regulations and associated federal analogs are: 401 KAR 39:005 (40 CFR 260.10); 401 KAR 39:060, Section 2 (40 CFR part 260); 401 KAR 39:060, Section 3 (40 CFR part 261); 401 KAR 39:060, Section 4 (40 CFR part 268); 401 KAR 39:060, Section 5 (40 CFR parts 124 and 270); 401 KAR 39:080, Section 1 (40 CFR part 262); 401 KAR 39:080, Section 2 (40 CFR part 263); 401 KAR 39:080, Section 3 (40 CFR part 273); 401 KAR 39:080, Section 4 (40 CFR part 279); 401 KAR 39:090, Section 1 (40 CFR part 264); 401 KAR 39:090, Section 2 (40 CFR part 265); 401 KAR 39:090, Section 3 (40 CFR part 266); and 401 KAR 39:090, Section 4 (40 CFR part 267). On April 13, 2018, Kentucky submitted a program revision application, seeking authorization of its newly condensed hazardous waste regulations. The additions to the Kentucky program include older federal rules not previously adopted and/or authorized, as well as newly promulgated federal rules. EPA proposes to determine, subject to receipt of written comments that oppose this action, that Kentucky's hazardous waste program revisions are equivalent to, consistent with, and no less stringent than the federal program, and therefore satisfy all of the requirements necessary to qualify for final authorization. EPA's approval of the revised format of the regulations at 401 KAR Chapter 39 does not impact EPA's prior authorization decisions, and all previously authorized federal rules remain federally authorized. EPA is proposing to authorize Kentucky for the federal regulations listed in Table 1 below. The State regulations which EPA is proposing to authorize are included in Table 2, along with their federal analogs. Table 1 ------------------------------------------------------------------------ Federal Register date Description of Federal requirement and page ------------------------------------------------------------------------ Checklist \1\ SI: Sharing of Information with 7/15/1985. ATSDR \2\. Checklist 24.1: Closure/Post-Closure and 53 FR 7740, 3/10/1988. Financial Responsibility Requirements (Correction 1). Checklist 24A: Financial Responsibility; 55 FR 25976, 6/26/1990. Settlement Agreement (Amendment to Checklist 24's Optional Designation of 264.113 and 265.113). Checklist 27: Liability Coverage; Corporate 51 FR 25350, 7/11/1986. Guarantee. Checklists 28H and 28H.1: Standards for 51 FR 25422, 7/14/1986; Hazardous Waste Storage and Treatment Tank 51 FR 29430, 8/15/1986. Systems and Correction 1 (HSWA Provisions). Checklist 38.1: Development of Corrective 52 FR 33936, 9/9/1987. Action Programs After Permitting Hazardous Waste Land Disposal Facilities (Correction 1). Checklists 39 and 39.1: California List Waste 52 FR 25760, 7/8/1987; 52 Land Disposal Restrictions and Correction 1. FR 41295, 10/27/1987. Checklist 47: Technical Correction to 53 FR 27162, 7/19/1988. Checklist 23, Small Quantity Generators. Checklist 48: Farmer Exemptions; Technical 53 FR 27164, 7/19/1988. Corrections. Checklists 50 and 50.1: Land Disposal 53 FR 31138, 8/17/1988; Restrictions for First Third Scheduled 54 FR 8264, 2/27/1989. Wastes and Correction 1. Checklist 52H: Hazardous Waste Management 53 FR 34079, 9/2/1988. System; Standards for Hazardous Waste Storage and Treatment Tank Systems (Revision to Checklist 28) (HSWA Provisions). Checklist 58: \3\ Standards for Generators of 53 FR 45089, 11/8/1988. Hazardous Waste; Manifest Renewal. Checklist 62: Land Disposal Restriction 54 FR 18836, 5/2/1989. Amendments to First Third Scheduled Wastes (Technical Correction to Checklist 50). Checklist 63: Land Disposal Restrictions for 54 FR 26594, 6/23/1989. Second Third Scheduled Wastes. Checklist 64: Delay of Closure Period for 54 FR 33376, 8/14/1989. Hazardous Waste Management Facilities. Checklist 65: Mining Waste Exclusion I....... 54 FR 36492,9/1/1989. Checklists 66 and 66.1: Land Disposal 54 FR 36967, 9/6/1989; 55 Restrictions; Correction to the First Third FR 23935, 6/13/1990. Scheduled Wastes (Correction to Checklist 50). Checklist 69: Reportable Quantity Adjustment 54 FR 50968, 12/11/1989. (F024 and F025). Checklist 70: Changes to Part 124 Not 54 FR 246, 1/4/1989. Accounted for by Present Checklists. Checklist 71: Mining Waste Exclusion II...... 55 FR 2322, 1/23/1990. Checklists 78H and 78N: Land Disposal 55 FR 22520, 6/1/1990. Restrictions for Third Third Scheduled Wastes (HSWA and Non-HSWA Provisions). Checklist 79: Organic Air Emission Standards 55 FR 25454, 6/21/1990. for Process Vents and Equipment Leaks. Checklist 82: Wood Preserving Listings (HSWA/ 55 FR 50450, 12/6/1990. Non-HSWA). Checklist 83: Land Disposal Restrictions for 56 FR 3864, 1/31/1991. Third Third Scheduled Wastes; Technical Amendment (HSWA). Checklist 85: Burning of Hazardous Waste in 56 FR 7134, 2/21/1991. Boilers and Industrial Furnaces (HSWA/Non- HSWA). Checklist 87: Organic Air Emission Standards 56 FR 19290, 4/26/1991. for Process Vents and Equipment Leaks; Technical Amendment (HSWA). Checklist 90: Mining Exclusion III (Non-HSWA) 56 FR 27300, 6/13/1991. Checklist 92: Wood Preserving Listing; 56 FR 30192, 7/1/1991. Technical Correction (HSWA/Non-HSWA). Checklist 94: Burning of Hazardous Waste in 56 FR 32688, 7/17/1991. Boilers and Industrial Furnaces; Corrections and Technical Amendments I (HSWA/Non-HSWA). Checklist 95: Land Disposal Restrictions for 56 FR 41164, 8/19/1991. Electric Arc Furnace Dust (K061) (HSWA). [[Page 47861]] Checklist 96: Burning of Hazardous Waste in 56 FR 42504, 8/27/1991. Boilers and Industrial Furnaces: Technical Amendments II (HSWA/Non-HSWA). Checklist 100: Liners and Leak Detection 57 FR 3462, 1/29/1992. Systems for Hazardous Waste Land Disposal Units. Checklist 102: Second Correction to the Third 57 FR 8086, 3/6/1992. Third Land Disposal Restrictions. Checklist 103: \4\ Hazardous Debris Case-by- 57 FR 28628, 6/26/1992. Case Capacity Variance. Checklist 106: Lead-Bearing Hazardous 57 FR 28628, 6/26/1992. Materials Case-by-Case Capacity Variance. Checklist 107: Used Oil Filter Exclusion; 57 FR 29220, 7/1/1992. Technical Correction. Checklist 108: Toxicity Characteristics 57 FR 30657, 7/10/1992. Revision; Technical Corrections. Checklist 109: Land Disposal Restrictions for 57 FR 37194, 8/18/1992. Newly Listed Wastes and Hazardous Debris. Checklist 110: Coke By-Product Listings...... 57 FR 37284, 8/18/1992. Checklist 111: Burning of Hazardous Waste in 57 FR 38558, 8/25/1992. Boilers and Industrial Furnaces; Technical Amendment III. Checklist 112: Recycled Used Oil Management 57 FR 41566, 9/10/1992. Standards. Checklists 113, 113.1 and 113.2: Consolidated 57 FR 33938, 9/1/88; 56 Liability Requirements. FR 30200, 7/1/1991; 57 FR 42832, 9/16/1992. Checklist 114: Burning of Hazardous Waste in 57 FR 44999, 9/30/1992. Boilers and Industrial Furnaces; Technical Amendment IV. Checklist. 115: Chlorinated Toluene 57 FR 47376, 10/15/1992. Production Waste Listing. Checklist 116: Hazardous Soil Case-by-Case 57 FR 47772, 10/20/1992. Capacity Variance. Checklists 117A, 117A.1, and 117A.2: \5\ 57 FR 7628, 3/3/1992; 57 Reissuance of the Mixture and Derived-From FR 23062, 6/1/1992; 57 Rules. FR 49278, 10/20/1992. Checklist 117B: Toxicity Characteristic 57 FR 23062, 6/1/1992. Revision. Checklist 118: Liquids in Landfills II....... 57 FR 54452, 11/18/1992. Checklists 119 and 119.1: Toxicity 57 FR 55114, 11/24/1992; Characteristic Revision; TCLP Correction. 58 FR 6854, 2/2/1993. Checklist 120: Wood Preserving; Amendments to 57 FR 61492, 12/24/1992. Listings and Technical Requirements. Checklist 121: Corrective Action Management 58 FR 8658, 2/16/1993. Units and Temporary Units. Checklists 122 and 122.1: Recycled Used Oil 58 FR 26420, 5/3/1993; 58 Management Standards; Technical Amendments FR 33341, 6/17/1993. and Corrections I. Checklist 123: Land Disposal Restrictions; 58 FR 28506, 5/14/1993. Renewal of the Hazardous Debris Case-by-Case Capacity Variance. Checklist 124: Land Disposal Restrictions for 58 FR 29860, 5/24/1993. Ignitable and Corrosive Characteristic Wastes Whose Treatment Standards Were Vacated. Checklist 125: Boilers and Industrial 58 FR 38816, 7/20/1993. Furnaces; Changes for Consistency with New Air Regulations. Checklists 126 and 126.1: Testing and 58 FR 46040, 8/31/1993; Monitoring Activities. 59 FR 47980, 9/19/1994. Checklist 127: Boilers and Industrial 58 FR 59598, 11/9/1993. Furnaces; Administrative Stay and Interim Standards for Bevill Residues. Checklist 128: Wastes from the Use of 59 FR 458, 1/4/1994. Chlorophenolic Formulations in Wood Surface Protection. Checklist 129: Revision of Conditional 59 FR 8362, 2/18/1994. Exemption for Small Scale Treatability Studies. Checklist 130: Recycled Used Oil Management 59 FR 10550, 3/4/1994. Standards; Technical Amendments and Corrections II. Checklist 131: Recordkeeping Instructions; 59 FR 13891, 3/24/1994. Technical Amendment. Checklist 132: Wood Surface Protection; 59 FR 28484, 6/2/1994. Correction. Checklist 133: Letter of Credit Revision..... 59 FR 29958, 6/10/1994. Checklist 134: Correction of Beryllium Powder 59 FR 38536, 7/28/1994. (P015) Listing. Checklist 135: Recovered Oil Exclusion....... 59 FR 38536, 7/28/1994. Checklist 136: Removal of the Conditional 59 FR 43496, 8/24/1994. Exemption for Certain Slag Residues. Checklists 137 and 137.1: Universal Treatment 59 FR 47982, 9/19/1994; Standards and Treatment Standards for 60 FR 242, 1/3/1995. Organic Toxicity Characteristic Wastes and Newly Listed Wastes. Checklist 139: Testing and Monitoring 60 FR 3089, 1/13/1995. Activities Amendment 1. Checklists 140, 140.1, and 140.2: Carbamate 60 FR 7824, 2/9/1995; 60 Production Identification and Listing of FR 19165, 4/17/1995, 60 Hazardous Waste. FR 25619,5/12/1995. Checklist 141: Hazardous Waste Management 60 FR 17001, 4/4/1995. System: Testing and Monitoring Activities, Amendment 2. Checklists 142A-142E: Universal Waste Rule:.. 60 FR 25492, 5/11/1995. Checklist 142A: General Provisions; Checklist 142B: Specific Provisions for Batteries; Checklist 142C: Specific Provisions for Pesticides; Checklist 142D: Specific Provisions for Thermostats; Checklist 142E: Petitions to Add a New Universal Waste. Checklist 144: Removal of Legally Obsolete 60 FR 33912, 6/29/1995. Rules. Checklist 145: Liquids in Landfills III...... 60 FR 35703, 7/11/1995. Checklist 148: RCRA Expanded Public 60 FR 63417, 12/11/1995. Participation. Checklist 150: Recovered Oil Exclusion; 61 FR 13103, 3/26/1996. Correction. Checklists 151, 151.1, 151.2, 151.3, 151.4, 61 FR 15566, 4/8/1996; 61 151.5, and 151.6: Land Disposal Restrictions FR 15660, 4/8/1996; 61 Phase III--Decharacterized Wastewaters, FR 19117, 4/30/1996; 61 Carbamate Wastes, and Spent Potliners. FR 33680, 6/28/1996; 61 FR 36419, 7/10/1996; 61 FR 43924, 8/26/1996; 62 FR 7502, 2/19/1997. [[Page 47862]] Checklist 152: Imports and Exports of 61 FR 16289, 4/12/1996. Hazardous Waste; Implementation of OECD Council Decision. Checklist 153: Conditionally Exempt Small 61 FR 34252, 7/1/1996. Quantity Generator Disposal Options under Subtitle D. Checklists 154, 154.1, 154.2, 154.3, 154.4, 61 FR 59931, 11/25/1996; 154.5, and 154.6: Consolidated Organic Air 59 FR 62896, 12/6/1994; Emission Standards for Tanks, Surface 60 FR 26828, 5/19/1995; Impoundments, and Containers. 60 FR 50426, 9/29/1995; 60 FR 56952, 11/13/1995; 61 FR 4903, 2/9/1996; 61 FR 28508, 6/5/1996. Checklist 155: Land Disposal Restrictions 62 FR 1992, 1/14/1997. Phase III--Emergency Extension of the K088 Capacity Variance. Checklist 156: Military Munitions Rule....... 62 FR 6622, 2/12/1997. Checklist 157: Land Disposal Restrictions-- 62 FR 25998, 5/12/1997. Phase IV. Checklist 158: Testing and Monitoring 62 FR 32452, 6/13/1997. Activities Amendment III. Checklist 159: Compliance with the Carbamate 62 FR 32974, 6/17/1997. Vacatur. Checklist 160: Land Disposal Restrictions 62 FR 37694, 7/14/1997. Phase III--Emergency Extension of the K088 National Capacity Variance, Amendment. Checklist 161: Emergency Revision of the 62 FR 45568, 8/28/1997. Carbamate Land Disposal Restrictions. Checklist 162: Clarification of Standards for 62 FR 64504, 12/5/1997. Hazardous Waste LDR Treatment Variances. Checklist 163: Organic Air Emission Standards 62 FR 64636, 12/8/1997. for Tanks, Surface Impoundments, and Containers; Clarification and Technical Amendment. Checklist 164: Kraft Mill Steam Stripper 63 FR 18504, 4/15/1998. Condensate Exclusion. Checklists 166 and 166.1: Recycled Used Oil 63 FR 24963, 5/6/1998; 63 Management Standards; Technical Correction FR 37780, 7/14/1998. and Clarification. Checklist 167A: Land Disposal Restrictions 63 FR 28556, 5/26/1998. Phase IV--Treatment Standards for Metal Wastes and Mineral Processing Wastes. Checklist 167B: Land Disposal Restrictions 63 FR 31266, 6/8/1998. Phase IV--Hazardous Soils Treatment Standards and Exclusions; Checklists 167C and 167C.1: Land Disposal Restrictions Phase IV--Corrections; Checklist 167D: Mineral Processing Secondary Materials Exclusion; Checklist 167E: Bevill Exclusion Revisions and Clarification; Checklist 167F: Exclusion of Recycled Wood Preserving Wastewaters. Checklist 169: Petroleum Refining Process 63 FR 42110, 8/6/1998; 63 Wastes. FR 54356, 10/9/1998. Checklist 170: Land Disposal Restrictions 63 FR 46332, 8/31/1998. Phase IV--Zinc Micronutrient Fertilizers, Administrative Stay. Checklist 171: Emergency Revisions of LDR 63 FR 47409, 9/4/1998. Treatment Standards for Listed Hazardous Wastes from Carbamate Production. Checklist 172: Land Disposal Restrictions 63 FR 48124, 9/9/1998. Phase IV--Extension of Compliance Date for Characteristic Slags. Checklist 173: Land Disposal Restrictions-- 63 FR 51254, 9/24/1998. Treatment Standards for Spent Potliners from Primary Aluminum Reduction (K088); Final Rule. Checklist 174: Post-Closure Requirements and 63 FR 56710, 10/22/1998. Closure Process. Checklist 175: HWIR-Media.................... 63 FR 65874, 11/30/1998. Checklist 176: Universal Waste Rule-- 63 FR 71225, 12/24/1998. Technical Amendments. Checklist 177: Organic Air Emission 64 FR 3381, 1/21/1999. Standards; Clarification and Technical Amendments. Checklist 178: Petroleum Refining Process 64 FR 6806, 2/11/1999. Wastes--Leachate Exemption. Checklist 179: Land Disposal Restrictions 64 FR 25408, 5/11/1999. Phase IV--Technical Corrections and Clarifications to Treatment Standards. Checklist 180: Test Procedures for the 64 FR 26315, 5/14/1999. Analysis of Oil and Grease and Non-Polar Material. Checklist 181: Universal Waste Rule: Specific 64 FR 36466, 7/6/1999. Provisions for Hazardous Waste Lamps. Checklists 182 and 182.1: Hazardous Air 64 FR 52827, 9/30/1999; Pollutant Standards for Combustors, 64 FR 63209, 11/19/1999. Miscellaneous Units, and Secondary Lead Smelters; Clarification of BIF Requirements; Technical Correction to Fast-track Rule. Checklist 183: Land Disposal Restrictions 64 FR 56469, 10/20/1999. Phase IV--Technical Corrections. Checklist 184: Waste Water Treatment Sludges 65 FR 12378, 3/8/2000. from Metal Finishing Industry; 180-Day Accumulation Time. Checklist 187: Petroleum Refining Process 65 FR 36365, 6/8/2000. Wastes--Clarification. Checklists 188, 188.1 and 188.2: Hazardous 65 FR 42292, 7/10/2000; Air Pollutant Standards; Technical 66 FR 24270, 5/14/2001; Corrections. 66 FR 35087, 7/3/2001. Checklist 189: Chlorinated Aliphatics Listing 65 FR 67068, 11/8/2000. and LDRs for Newly Identified Wastes. Checklist 190: Land Disposal Restrictions 65 FR 81373, 12/26/2000. Phase IV--Deferral for PCBs in Soil. Checklist 191: Mixed Waste Rule.............. 66 FR 27218, 5/16/2001. Checklist 192A: Mixture and Derived-From Rule 66 FR 27266, 5/16/2001. Revisions; Checklist 192B: Land Disposal Restrictions Correction. Checklist 193: Change of Official EPA Mailing 66 FR 34374, 6/28/2001. Address. Checklist 194: Mixture and Derived-From Rules 66 FR 50332, 10/3/2001. Revision II. Checklists 195 and 195.1: Inorganic Chemical 66 FR 58258, 11/20/2001; Manufacturing Wastes Identification and 67 FR 17119, 4/9/2002. Listing. Checklist 196: CAMU Amendments............... 67 FR 2962, 1/22/2002. Checklist 197: Hazardous Air Pollutant 67 FR 6792, 2/13/2002. Standards for Combustors: Interim Standards. Checklist 198: Hazardous Air Pollutant 67 FR 6968, 2/14/2002. Standards for Combustors: Corrections. [[Page 47863]] Checklist 199: Vacatur of Mineral Processing 67 FR 11251, 3/13/2002. Spent Materials Being Reclaimed as Solid Wastes and TCLP Use with MGP Waste. Checklist 200: Zinc Fertilizer Rule.......... 67 FR 48393, 7/24/2002. Checklist 201: Treatment Variance for 67 FR 62618, 11/21/2002. Radioactively Contaminated Batteries. Checklist 202: Hazardous Air Pollutant 67 FR 77687, 12/19/2002. Standards for Combustors--Corrections 2. Checklist 203: Recycled Used Oil Management 68 FR 44659, 7/30/2003. Standards; Clarification. Checklist 205: NESHAP--Surface Coating of 69 FR 22601, 4/26/2004. Automobiles and Light-Duty Trucks. Checklists 206 and 206.1: Non-Wastewaters 70 FR 9138, 2/24/2005; 70 from Dyes and Pigments. FR 35032, 6/13/2005. Checklists 207 and 207.1: Uniform Hazardous 70 FR 10776, 3/4/2005; 70 Waste Manifest Rule. FR 35034, 6/16/2005. Checklists 208 and 208.1: Methods and 70 FR 34538, 6/14/2005; Innovation Rule and SW-846 Final Update IIIB. 70 FR 44150, 8/1/2005. Checklist 209: Universal Waste Rule; Specific 70 FR 45508, 8/5/2005. Provisions for Mercury Containing Equipment. Checklist 210: Standardized Permit for RCRA 70 FR 53420, 9/8/2005. Hazardous Waste Management Facilities. Checklist 211: Revision of Wastewater 70 FR 57769, 10/4/2005. Treatment Exemptions for Hazardous Waste Mixtures (``Headworks exemptions''). Checklist 212: NESHAP: Final Standards for 70 FR 59402, 10/12/2005. Hazardous Waste Combustors (Phase I Final Replacement Standards and Phase II). Checklist 213: Burden Reduction Initiative... 71 FR 16862, 4/4/2006. Checklist 214: Corrections to Errors in the 71 FR 40254, 7/14/2006. Code of Federal Regulations. Checklist 215: Cathode Ray Tubes Rule........ 71 FR 42928, 7/28/2006. Checklist 217: NESHAP--Final Standards for 73 FR 18970, 4/8/2008. Hazardous Waste Combustors (Phase I Final Replacement Standards and Phase II) Amendments. Checklist 218: F019 Exemption for Wastewater 73 FR 31756, 6/4/2008. Treatment Sludges from Auto Manufacturing Zinc Phosphating Processes. Checklist 220: Academic Laboratories 73 FR 72912, 12/1/2008. Generator Standards. Checklist 222: OECD Requirements; Export 75 FR 1236, 1/8/2010. Shipments of Spent Lead-Acid Batteries. Checklist 223: Hazardous Waste Technical 75 FR 12989, 3/18/2010; Corrections and Clarifications. 75 FR 31716, 6/4/2010. Checklist 225: Removal of Saccharin and Its 75 FR 78918, 12/17/2010. Salts from the Lists of Hazardous Constituents. Checklist 226: Academic Laboratories 75 FR 79304, 12/20/2010. Generator Standards Technical Corrections. Checklist 227: Revision of the Land Disposal 76 FR 34147, 6/13/2011. Treatment; Standards for Carbamate Wastes. Checklist 228: Hazardous Waste Technical 77 FR 22229, 4/13/12. Corrections and Clarifications. Checklist 229: Conditional Exclusions for 78 FR 46448, 7/31/13. Solvent Contaminated Wipes. Checklist 230: Conditional Exclusion for 79 FR 350, 1/3/2014. Carbon Dioxide (CO2) Streams in Geologic Sequestration Activities. Checklist 231: Hazardous Waste Electronic 79 FR 7518, 2/7/2014. Manifest System. Checklist 232: Revisions to the Export 79 FR 36220, 6/26/14. Provisions of the Cathode Ray Tube (CRT) Rule. Checklist 233: \6\ Revisions to the 80 FR 1694, 1/13/2015; 83 Definition of Solid Waste, Response to FR 24664, 5/31/2018. Vacatur of Certain Provisions of the Definition of Solid Waste Rule. Checklist 235: Disposal of Coal Combustion 80 FR 21302, 4/17/2015. Residuals from Electric Utilities. Checklist 236: Imports and Exports of 81 FR 85696, 11/28/16; 82 Hazardous Waste. FR 41015, 8/29/2017. Checklist 237: Hazardous Waste Generator Rule 81 FR 85732, 11/28/16. Improvements. ------------------------------------------------------------------------ \1\ A ``checklist'' is developed by EPA for each federal rule amending the RCRA regulations. The checklists document the changes made by each federal rule and are presented and numbered in chronological order by date of promulgation. \2\ The analogous State authority for Checklist SI is Kentucky Revised Statutes (KRS) 224.10-212 and 224.10-100(14). The State analogs for the remaining checklists are listed in Table 2 below. \3\ Checklist 58 has been superseded by Checklist 207, the Uniform Hazardous Waste Manifest Rule, also included in this proposed authorization. \4\ Certain federal rules cited in this Table 1, such as the rules identified by Checklists 103, 106, and 116, among others, address land disposal restriction capacity variances and other federal rules that may have been subsequently amended. As a result, authorization of these rules may be moot. However, for purposes of completeness, the rules are included above. However, if a federal rule has been vacated or withdrawn, it is not listed in Table 1 above and will not be authorized. \5\ Checklist 117A has been superseded by Checklist 192A, the Final Mixture and Derived-From Rule, which is also included in this proposed authorization. \6\ Kentucky adopts the 2015 Definition of Solid Waste (DSW) Rule and the 2018 amendments to the DSW Rule, at 401 KAR 39:005, Section 1, and 39:060, Sections 2, 3 and 5. Because Kentucky adopts the analogous provisions of 40 CFR parts 260, 261, and 270 prospectively, Kentucky's 2017 regulations appropriately adopt the 2018 amendments to the DSW Rule. Table 2 ------------------------------------------------------------------------ State provisions proposed to be Federal analog authorized \7\ ------------------------------------------------------------------------ 40 CFR 260.10................ 401 KAR 39:005, Section 1 and Sections 1(1)-(75).\8\ 40 CFR 260 (except 260.10)... 401 KAR 39:060, Sections 2(1)-(3) and (6). 40 CFR 261................... 401 KAR 39:060, Sections 3(1)-(3), (5)- (7), and (9)(a). 40 CFR 262................... 401 KAR 39:080, Sections 1(1)-(7)(a)1., (8)(a), and (9)-(11). 40 CFR 263................... 401 KAR 39:080, Sections 2(1)-(3). 40 CFR 264................... 401 KAR 39:090, Section 1 and Sections 1(1) \9\-(7). 40 CFR 265................... 401 KAR 39:090, Sections 2(1)-(4). [[Page 47864]] 40 CFR 266................... 401 KAR 39:090, Section 3 and Sections 3(1)-(3). 40 CFR 267................... 401 KAR 39:090, Section 4. 40 CFR 268................... 401 KAR 39:060, Section 4. 40 CFR 124 and 270........... 401 KAR 39:060, Sections 5(1), (6)-(7), (11)-(13), and (17)-(18). 40 CFR 273................... 401 KAR 39:080, Sections 3(1)-(4). 40 CFR 279................... 401 KAR 39:080, Sections 4(1)-(4), and (6) \10\-(7). No Direct Federal Analog \11\ 401 KAR 39:060, Section 6(1) and (10)- (12); 401 KAR 39:080, Section 5(1); 401 KAR 39:090, Section 5; 401 KAR 39:090, Sections 7(1)-(9) and (11)-(14); 401 KAR 39:090, Section 8 and Sections 8(1), (3)- (4)(a), (5)(a), and (6)-(7); 401 KAR 39:090, Sections 9(1)-(2), (14)-(17), and (23). ------------------------------------------------------------------------ \7\ The Kentucky regulatory provisions are from the Kentucky hazardous waste regulations, effective December 7, 2017. \8\ Kentucky's application notes an error to be corrected within the definition of ``disposal'' at 401 KAR 39:005, Section 1(21). The term ``disposal'' is defined at KRS 224.1-010(9), not at KRS 224.1-010(8) as stated in the current version of the regulation. \9\ 401 KAR 39:090, Section 1(1), replaces Table 1 of 40 CFR 264.94 with the current federal Maximum Contaminant Levels (MCLs), which is functionally equivalent to the federal provision at 40 CFR 264.94. Kentucky's application also notes an error to be corrected in Table 1 of the Kentucky regulation. The correct maximum concentration level for lead in groundwater should be 0.015 mg/l. \10\ EPA is only proposing to authorize 401 KAR 39:080, Section 4(6), to the extent it requires additional reporting for used oil transporters. The incorporation of other transportation regulations is outside the scope of this authorization. \11\ EPA is proposing to authorize these additional State provisions because they relate to, and help to implement, other provisions of the Kentucky hazardous waste program set forth in this Table 2. G. Where are the revised State rules different from the Federal rules? Although Kentucky incorporates the federal regulations by reference, Kentucky's regulations also include certain additions, which, if listed in Table 2 above, EPA has determined to be consistent with the federal program. There are also aspects of the Kentucky program which are more stringent than the federal program. All of these more stringent requirements will become part of the federally enforceable RCRA program when authorized. These more stringent requirements are set forth in Table 3 below: Table 3 ------------------------------------------------------------------------ Kentucky more stringent provisions Explanation ------------------------------------------------------------------------ 401 KAR 39:060, Sections 3(3) Kentucky is more stringent than the and 3(6). federal program by requiring that the Cathode Ray Tube export notifications referenced in 40 CFR 261.39(a)(5) and 261.41, and the state agreement required by 40 CFR 261.4(b)(11)(ii), be submitted to both EPA and the Kentucky Energy and Environment Cabinet (Cabinet). 401 KAR 39:060, Section Kentucky is more stringent than the 5(6)(a)2. federal program at 40 CFR 270.13 by requiring the submission of a Part A Application Addendum, DWM 7058A, in addition to the information required on EPA Form 8700-23. 401 KAR 39:060, Section 5(7). Kentucky is more stringent than the federal program at 40 CFR 270.30(l)(6) by requiring additional release reporting. 401 KAR 39:060, Section 5(18) Kentucky is more stringent than the federal program at 40 CFR 270.60(a)(3)(v) by requiring an annual report instead of a biennial report. 401 KAR 39:060, Section 6(1), Kentucky is more stringent than the 401 KAR 39:080, Section federal program by requiring additional 5(1), and 401 KAR 39:090, release reporting for hazardous waste Section 9(1). and used oil. 401 KAR 39:080, Section Kentucky is more stringent than the 1(2)(b). federal program at 40 CFR 262.18(b) by requiring the submission of a Registration of Hazardous Waste Activity Addendum, DWM 7037A, in addition to the information required on EPA Form 8700- 12. 401 KAR 39:080, Section 1(3). Kentucky is more stringent than the federal program at 40 CFR 262.18(d) by requiring annual generator registrations for small and large quantity generators as opposed to every two and four years. 401 KAR 39:080, Section Kentucky is more stringent than the 1(5)(b). federal program at 40 CFR 262.18(d) by requiring updates to the generator registration information to be submitted within thirty (30) days following any changes. 401 KAR 39:080, Section 1(6). Kentucky is more stringent than the federal program at 40 CFR 262.17 by requiring that large and small quantity generators submit a Request to be Removed from the Hazardous Waste Handler List, DWM 7086, within ninety (90) days after hazardous waste generation ceases. 401 KAR 39:080, Section Kentucky is more stringent than the 1(8)(a). federal program at 40 CFR 262.41(a) by requiring annual reporting, as opposed to biennial reporting, and by requiring large and small quantity generators to submit a Hazardous Waste Annual Report Addendum, DWM 7072A, in addition to EPA Form 8700-13 A/B. 401 KAR 39:080, Section Kentucky is more stringent than the 1(10)(b). federal program at 40 CFR 262.14 by requiring very small quantity generators (VSQGs) to register with the Cabinet and obtain an EPA identification number prior to treating waste. 401 KAR 39:080, Section Kentucky is more stringent than the 2(2)(b)2. federal program at 40 CFR 263.11 by requiring the submission of a Registration of Hazardous Waste Transportation Activity, DWM 7053, in addition to EPA Form 8700-12. 401 KAR 39:080, Section 2(3). Kentucky is more stringent than the federal program at 40 CFR 263.30(c) by requiring additional release reporting to the Cabinet for hazardous waste transporters. 401 KAR 39:080, Section 3(4). Kentucky is more stringent than the federal program at 40 CFR 273.32 by requiring large quantity handlers of universal waste to comply with the generator registration requirements at 401 KAR 39:080, Section 1. [[Page 47865]] 401 KAR 39:080, Section 4(2). Kentucky is more stringent than the federal program at 40 CFR 279.22(d) and 279.52 by requiring additional release reporting to the Cabinet. 401 KAR 39:080, Section 4(4). Kentucky is more stringent than the federal program at 40 CFR 279.51, 279.62, and 279.73 by requiring used oil handlers to comply with the generator registration requirements at 401 KAR 39:080, Section 1(2). 401 KAR 39:080, Sections 4(5) Kentucky is more stringent than the and (6). federal program at 40 CFR 279.54 by requiring additional release reporting to the Cabinet. 401 KAR 39:090, Section 1(2) Kentucky is more stringent than the and Section 2(3). federal program at 40 CFR 264.143, 264.145, 264.147, 265.143, 265.145, and 265.147 by requiring that insurers providing primary coverage must be authorized to transact insurance in Kentucky. 401 KAR 39:090, Section 1(6) Kentucky is more stringent than the and Section 2(2). federal program at 40 CFR 264.304 and 40 CFR 265.303 by requiring additional release reporting for leak detection systems. 401 KAR 39:090, Sections 3(1)- Kentucky's tables are more stringent than (3). the federal program at 40 CFR Part 266, Appendix I, Tables I-D and I-E, and Appendix V by establishing emissions screening limits and risk specific doses that are lower than the federal limits and doses. 401 KAR 39:090, Section 5.... Kentucky is more stringent than the federal program at 40 CFR 264.18(b) and 270.14(b)(11)(ii) by establishing additional requirements for facilities located in flood plains. 401 KAR 39:090, Section 7(12) Kentucky is more stringent than the federal program by requiring that an insurer, upon request, must provide the Cabinet a duplicate copy of any insurance policy being used for financial assurance. 401 KAR 39:090, Section 8 and Kentucky is more stringent than the Sections 8(1)-(7) (excluding federal program at 40 CFR 264.101 by the fee provisions). including more specific corrective action requirements. 401 KAR 39:090, Section 9(2). Kentucky is more stringent than the federal program by requiring that any reports or information required to be submitted to EPA must also be submitted to the Cabinet. 401 KAR 39:090, Section 9(15) Kentucky is more stringent than the federal program by prohibiting waste, used oil, or material contaminated with dioxins or hazardous wastes to be used as a dust suppressant. 401 KAR 39:090, Section 9(16) Kentucky is more stringent than the federal program by requiring that the import and export notifications referenced in 40 CFR 264.12(a) and 265.12(a) be submitted to both EPA and the Cabinet. 401 KAR 39:090, Section 9(17) Kentucky is more stringent than the federal program at 40 CFR 264.75 and 265.75 by requiring annual reporting, as opposed to biennial reporting, and by requiring owners and operators of treatment, storage, and disposal facilities to submit a Hazardous Waste Annual Report Addendum, DWM 7072A, in addition to EPA Form 8700-13 A/B. ------------------------------------------------------------------------ The Kentucky regulations also include several State requirements that go beyond the scope of the federal program. These requirements are not being authorized and are therefore not included in Table 2 above. Broader-in-scope requirements are not part of the authorized program and EPA cannot enforce them. Although regulated entities must comply with these requirements in accordance with State law, they are not RCRA requirements. These broader-in-scope requirements are set forth in Table 4 below: Table 4 ------------------------------------------------------------------------ Kentucky broader in scope provisions Explanation ------------------------------------------------------------------------ 401 KAR 39:005, Section 1.... Kentucky is broader in scope than the federal program to the extent that certain Kentucky defined terms apply to wastes that are not hazardous under the federal program. 401 KAR 39:060, Sections 2(4) Kentucky is broader in scope than the and (5). federal program at 40 CFR 260.22 by requiring payment of a fee for delisting petitions and by requiring compliance with Kentucky's solid waste regulations for the excluded wastes. 401 KAR 39:060, Section 3(4). Kentucky is broader in scope than the federal program at 40 CFR part 261, subpart D, by including additional listed hazardous wastes. 401 KAR 39:060, Section Kentucky is broader in scope than the 3(9)(b). federal program in its reference to special wastes being exempt from Kentucky's hazardous waste management fund. 401 KAR 39:060, Section 5(3). Kentucky is broader in scope than the federal program at 40 CFR part 124 by requiring the permit applicant to reimburse the Cabinet for the costs of newspaper advertisements, duplication, and postage for public notices or distributions to a mailing list. 401 KAR 39:060, Sections 5(8) Kentucky is broader in scope than the and (9). federal program at 40 CFR parts 124 and 270 by requiring additional approvals and determinations prior to the granting of a permit. 401 KAR 39:060, Section 5(14) Kentucky is broader in scope than the federal program at 40 CFR 270.10 by requiring the permit applicant to submit additional background and compliance information. 401 KAR 39:060, Sections Kentucky is broader in scope than the 5(15) and (16). federal program at 40 CFR 270.14(b)(11) and 264.18 by requiring the permit applicant to evaluate surface and subsurface topography for solution or karst terrain and by requiring the submittal of liner test data. 401 KAR 39:060, Section 6(16) Kentucky is broader in scope than the federal program by requiring permit applicants to pay certain fees. 401 KAR 39:080, Sections Kentucky is broader in scope than the 1(7)(a)2.-3. and (7)(b). federal program by requiring generators to receive written approval from the Cabinet prior to treating hazardous waste on site. 401 KAR 39:080, Section Kentucky is broader in scope than the 1(8)(b). federal program by requiring additional reporting to local county governments by generators. [[Page 47866]] 401 KAR 39:090, Section 6.... The additional chemical demilitarization requirements for Kentucky-specific listed wastes are broader in scope than the federal program. 401 KAR 39:090, Sections Although the additional corrective action 8(2), 8(4)(b), and 8(5)(b). requirements at 401 KAR 39:090, Section 8, are more stringent, the fee provisions included in those requirements are broader in scope than the federal program. 401 KAR 39:090, Section 8(8). Kentucky is broader in scope than the federal program at 40 CFR 264.113 by requiring facilities to close if they are not operated for six months. ------------------------------------------------------------------------ The Kentucky hazardous waste regulations also include several additional provisions that, although relevant to the State's implementation of its program, are outside the scope of authorization and are therefore not listed above. These provisions include the following: 401 KAR 39:060, Section 1; 401 KAR 39:060, Section 3(8); 401 KAR 39:060, Sections 5(2), (4)-(5), and (10); 401 KAR 39:060, Sections 6(2)-(9), (13)-(15), and (17)-(25); 401 KAR 39:060, Section 7; 401 KAR 39:080, Section 1(12); 401 KAR 39:080, Section 4(6) (to the extent this section incorporates U.S. Department of Transportation regulations) and (8)-(9); 401 KAR 39:080, Sections 5(2)-(5); 401 KAR 39:080, Section 6; 401 KAR 39:090, Section 7(10); 401 KAR 39:090, Sections 9(3)-(13), (18)-(22), and (24). In addition, the entirety of 401 KAR 39:120, which includes fee provisions and permit review and determination timetables, is either broader in scope or outside the scope of this authorization. EPA cannot delegate certain federal requirements associated with the land disposal restrictions at 40 CFR 268.5, 268.13, 268.40(b), 268.42(b), and 268.44(a)-(g). Kentucky has properly adopted these requirements and appropriately preserved the EPA's authority to implement them (see 401 KAR 39:060, Section 4, and 401 KAR 39:005, Section 1(2)(b)). EPA cannot delegate certain federal requirements associated with the federal manifest registry system, the electronic manifest system, and international shipments (i.e., import and export provisions). Kentucky has adopted these requirements and appropriately preserved the EPA's authority to implement them (see 401 KAR 39:005, Section 1(2), (23), and (58)). H. Who handles permits after the final authorization takes effect? Kentucky will issue permits for all the provisions for which it is authorized and will administer the permits it issues. EPA will continue to administer any RCRA hazardous waste permits or portions of permits which EPA issued prior to the effective date of authorization until the State incorporates equivalent conditions from the federal permits into the State permits and the federal permits are terminated or expire. EPA will not issue any new permits or new portions of permits for the provisions listed in Table 1 above after the effective date of the final authorization. EPA will implement and issue permits for any future HSWA requirements for which Kentucky is not yet authorized until Kentucky adopts and becomes authorized for those requirements. I. What is codification and will EPA codify Kentucky's hazardous waste program as proposed 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 proposing to codify the authorization of Kentucky's changes at this time. However, EPA reserves the amendment of 40 CFR part 272, subpart S, for the authorization of Kentucky's program changes at a later date. J. Statutory and Executive Order Reviews The Office of Management and Budget (OMB) has exempted this action from the requirements of Executive Order 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011). This action proposes to authorize State requirements for the purpose of RCRA section 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 Kentucky's revised hazardous waste program under RCRA are exempted under Executive Order 12866. Accordingly, I certify that this action will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this action proposes to authorize 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 (2 U.S.C. 1531-1538). 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 proposes to authorize State requirements as part of the State RCRA hazardous waste program without altering the relationship or the distribution of power and responsibilities established by RCRA. This action also is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), because it is not economically significant and it does not make decisions based on environmental health or safety risks. This action is not subject to Executive Order 13211, ``Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001), because it is not a significant regulatory action under Executive Order 12866. Under RCRA section 3006(b), EPA grants a state's application for authorization as long as the state meets the criteria required by RCRA. It would thus be inconsistent with applicable law for EPA, when it reviews a state authorization application, to require the use of any particular voluntary consensus standard in place of another standard that otherwise satisfies the requirements of RCRA. Thus, the requirements of section 12(d) of the National Technology Transfer and [[Page 47867]] Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996), in proposing this rule, EPA has taken the necessary steps to eliminate drafting errors and ambiguity, minimize potential litigation, and provide a clear legal standard for affected conduct. EPA has complied with Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the takings implications of this action 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 action does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). ``Burden'' is defined at 5 CFR 1320.3(b). 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 action proposes authorization of pre- existing State rules which are at least equivalent to, and no less stringent than existing federal requirements, and imposes no additional requirements beyond those imposed by State law, and there are no anticipated significant adverse human health or environmental effects, this proposed rule is not subject to Executive Order 12898. List of Subjects in 40 CFR Part 271 Environmental protection, Administrative practice and procedure, Confidential business information, Hazardous waste, Hazardous waste transportation, Intergovernmental relations, Penalties, Reporting and recordkeeping requirements. Authority: This action is issued under the authority of sections 2002(a), 3006, and 7004(b) of the Solid Waste Disposal Act as amended, 42 U.S.C. 6912(a), 6926, and 6974(b). Dated: August 30, 2018. Onis Glenn, III, Regional Administrator, Region 4. [FR Doc. 2018-20533 Filed 9-20-18; 8:45 am] BILLING CODE 6560-50-P
![47858 Federal Register / Vol. 83, No. 184 / Friday, September 21, 2018 / Proposed Rules
Ashland, Lexington-Fayette, Louisville, reference. In accordance with • Does not have Federalism
Owensboro, and Paducah areas shall be requirements of 1 CFR 51.5, EPA is implications as specified in Executive
considered maintenance for the one (1) proposing to incorporate by reference Order 13132 (64 FR 43255, August 10,
hour national ambient air quality Kentucky Regulation 401 KAR 51:010, 1999);
standards for the purposes of 40 CFR Attainment status designations, • Is not an economically significant
part 51, subpart X.’’ The corresponding effective October 6, 2016, which was regulatory action based on health or
table for the 1971 O3 standard was revised to be consistent with the federal safety risks subject to Executive Order
removed. attainment status designations for the 13045 (62 FR 19885, April 23, 1997);
Table (2) was added to reflect the areas within the Commonwealth.4 EPA • Is not a significant regulatory action
attainment status designation of areas in has made, and will continue to make, subject to Executive Order 13211 (66 FR
the Commonwealth of Kentucky for the these materials generally available 28355, May 22, 2001);
1997 eight-hour (8-hour) primary and through www.regulations.gov and at the • Is not subject to requirements of
secondary O3 NAAQS. EPA Region 4 office (please contact the Section 12(d) of the National
Table (3) was added to reflect the person identified in the FOR FURTHER Technology Transfer and Advancement
attainment status designation of areas INFORMATION CONTACT section of this Act of 1995 (15 U.S.C. 272 note) because
for the 2008 8-hour primary and preamble for more information). application of those requirements would
secondary O3 NAAQS. be inconsistent with the CAA; and
IV. Proposed Action
Section 8.—Attainment Status • Does not provide EPA with the
EPA is proposing to approve the discretionary authority to address, as
Designations for PM2.5
Commonwealth of Kentucky December appropriate, disproportionate human
Table (1) was added to reflect the 13, 2016, SIP revisions identified in health or environmental effects, using
attainment status of areas in the section II above, because these changes practicable and legally permissible
Commonwealth of Kentucky for the are consistent with the CAA and EPA methods, under Executive Order 12898
1997 annual primary and secondary regulations. (59 FR 7629, February 16, 1994).
PM2.5 NAAQS. The SIP is not approved to apply on
Table (2) was added to reflect the V. Statutory and Executive Order
Reviews any Indian reservation land or in any
attainment status of areas for the 2012 other area where EPA or an Indian tribe
annual PM2.5 primary NAAQS. Under the CAA, the Administrator is has demonstrated that a tribe has
Table (3) was added to reflect the required to approve a SIP submission jurisdiction. In those areas of Indian
attainment status of areas for the 1997 that complies with the provisions of the country, the rule does not have tribal
twenty-four hour (24-hour) primary and Act and applicable Federal regulations. implications as specified by Executive
secondary PM2.5 NAAQS. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Order 13175 (65 FR 67249, November 9,
Table (4) was added to reflect the Thus, in reviewing SIP submissions, 2000), nor will it impose substantial
attainment status of areas for the 2006 EPA’s role is to approve state choices, direct costs on tribal governments or
24-hour primary and secondary PM2.5 provided that they meet the criteria of preempt tribal law.
NAAQS. the CAA. This action merely proposes to
approve state law as meeting Federal List of Subjects in 40 CFR Part 52
Section 10.—Attainment Status
Designations for Total Suspended requirements and does not impose Environmental protection, Air
Particulates (TSP) additional requirements beyond those pollution control, Carbon monoxide,
imposed by state law. For that reason, Incorporation by reference,
The attainment status designation this proposed action: Intergovernmental relations, Lead,
table for TSP was amended to reflect the • Is not a significant regulatory action Nitrogen dioxide, Ozone, Particulate
attainment status of areas in the subject to review by the Office of matter, Reporting and recordkeeping
Commonwealth of Kentucky for the Management and Budget under requirements, Sulfur oxides, Volatile
1971 TSP NAAQS. Executive Orders 12866 (58 FR 51735, organic compounds.
EPA has reviewed these changes to October 4, 1993) and 13563 (76 FR 3821,
the Kentucky regulations for attainment Authority: 42 U.S.C. 7401 et seq.
January 21, 2011);
status designations and is proposing to • Is not an Executive Order 13771 (82 Dated: September 10, 2018.
find that these changes are consistent FR 9339, February 2, 2017) regulatory Onis ‘‘Trey’’ Glenn, III,
with federal regulations, specifically 40 action because SIP approvals are Regional Administrator, Region 4.
CFR 81.318. exempted under Executive Order 12866; [FR Doc. 2018–20530 Filed 9–20–18; 8:45 am]
In addition to the revision of • Does not impose an information BILLING CODE 6560–50–P
attainment status designations in collection burden under the provisions
Sections 4 through 8 and Section 10 of of the Paperwork Reduction Act (44
Regulation 401 KAR 51:010, the SIP U.S.C. 3501 et seq.); ENVIRONMENTAL PROTECTION
submittal includes minor textual • Is certified as not having a AGENCY
modifications to the NECESSITY, significant economic impact on a
FUNCTION, AND CONFORMITY substantial number of small entities 40 CFR Part 271
section and Section 1 (Definitions) and under the Regulatory Flexibility Act (5
Section 2 (Attainment Status [EPA–R04–RCRA–2018–0527; FRL–9984–
U.S.C. 601 et seq.); 12—Region 4]
Designations). EPA is proposing to find • Does not contain any unfunded
daltland on DSKBBV9HB2PROD with PROPOSALS
that these are administrative changes mandate or significantly or uniquely Kentucky: Proposed Authorization of
that are consistent with the affect small governments, as described State Hazardous Waste Management
requirements of the CAA. in the Unfunded Mandates Reform Act Program Revisions
III. Incorporation by Reference of 1995 (Pub. L. 104–4);
AGENCY: Environmental Protection
In this rule, EPA is proposing to 4 The incorporation by reference will not include Agency (EPA).
include in a final EPA rule regulatory Section 9 of 401 KAR 51:010, as EPA is not acting ACTION: Proposed rule.
text that includes incorporation by on Section 9 in this action.
VerDate Sep<11>2014 16:30 Sep 20, 2018 Jkt 244001 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 E:\FR\FM\21SEP1.SGM 21SEP1](https://thefederalregister.org/doc/83_FR_48042/page/1.svg)
![Federal Register / Vol. 83, No. 184 / Friday, September 21, 2018 / Proposed Rules 47867
Advancement Act of 1995 (15 U.S.C. DEPARTMENT OF DEFENSE Comments received generally will be
272 note) do not apply. As required by posted without change to http://
section 3 of Executive Order 12988 (61 Defense Acquisition Regulations www.regulations.gov, including any
FR 4729, February 7, 1996), in System personal information provided. To
proposing this rule, EPA has taken the confirm receipt of your comment(s),
necessary steps to eliminate drafting 48 CFR Parts 232, 242, and 252 please check www.regulations.gov,
errors and ambiguity, minimize [Docket DARS–2018–0042] approximately two to three days after
potential litigation, and provide a clear submission to verify posting (except
RIN 0750–AJ28 allow 30 days for posting of comments
legal standard for affected conduct. EPA
has complied with Executive Order submitted by mail).
Performance-Based Payments and
12630 (53 FR 8859, March 15, 1988) by Progress Payments (DFARS Case FOR FURTHER INFORMATION CONTACT: Ms.
examining the takings implications of 2017–D019) Amy Williams, DPC/DARS, at 571–372–
this action in accordance with the 6106.
‘‘Attorney General’s Supplemental AGENCY: Defense Acquisition SUPPLEMENTARY INFORMATION:
Guidelines for the Evaluation of Risk Regulations System, Department of
and Avoidance of Unanticipated Defense (DoD). I. Background
Takings’’ issued under the executive ACTION: Announcement of public On August 24, 2018, DoD published a
order. This action does not impose an meeting. proposed rule in the Federal Register at
information collection burden under the 83 FR 42831 to implement section 831
SUMMARY: DoD is hosting a public
provisions of the Paperwork Reduction of the National Defense Authorization
meeting on October 10, 2018, to obtain
Act of 1995 (44 U.S.C. 3501 et seq.). Act for Fiscal Year 2017, which
views of experts and interested parties
‘‘Burden’’ is defined at 5 CFR 1320.3(b). in Government and the private sector addresses the preference for
Executive Order 12898 (59 FR 7629, regarding revising policies and performance-based payments, and to
February 16, 1994) establishes federal procedures with regard to customary streamline the performance-based
executive policy on environmental progress payment rates and maximum payment process. DoD is also proposing
justice. Its main provision directs performance-based payment rates for to amend the Defense Federal
federal agencies, to the greatest extent DoD contracts. Acquisition Regulation Supplement to
practicable and permitted by law, to revise progress payments and
DATES: Comment date: Comments on the
make environmental justice part of their performance-based payments policies
proposed rule should be submitted in
mission by identifying and addressing, for DoD contracts in order to increase its
writing to the address shown below on
as appropriate, disproportionately high or before October 23, 2018, to be business effectiveness and efficiency as
and adverse human health or considered in the formation of a final well as to provide an opportunity for
environmental effects of their programs, rule. both small and other than small entities
policies, and activities on minority Public meeting date: The public to qualify for increased customary
populations and low-income meeting will be held on October 10, progress payment rates and maximum
populations in the United States. 2018, from 9 a.m. to 12 p.m., EST. performance-based payment rates based
Because this action proposes Registration to attend this meeting must on whether the offeror/contractor has
authorization of pre-existing State rules be received by October 4, 2018, at 12 met certain performance criteria.
which are at least equivalent to, and no p.m., EST. Further information for the II. Public Meeting
less stringent than existing federal public meeting may be found under the
requirements, and imposes no heading SUPPLEMENTARY INFORMATION. DoD is hosting a public meeting on
additional requirements beyond those October 10, 2018, to obtain views of
ADDRESSES: Public meeting: The public
imposed by State law, and there are no experts and interested parties in
meeting will be held at the Mark Center
anticipated significant adverse human Government and the private sector
Auditorium, 4800 Mark Center Drive,
health or environmental effects, this regarding revising policies and
Alexandria, VA 22350–3603. The Mark
proposed rule is not subject to Executive procedures with regard to customary
Center Auditorium is located on level
Order 12898. B–1 of the building. progress payment rates and maximum
Submission of comments: Submit performance-based payment rates for
List of Subjects in 40 CFR Part 271 DoD contracts.
comments identified by DFARS Case
2017–D019, using any of the following Registration: To ensure adequate room
Environmental protection, accommodations and to facilitate
Administrative practice and procedure, methods:
Æ Federal eRulemaking Portal: http:// security screening and entry to the Mark
Confidential business information, Center, individuals wishing to attend
Hazardous waste, Hazardous waste www.regulations.gov. Search for
‘‘DFARS Case 2017–D019.’’ Select the public meeting must register by 12
transportation, Intergovernmental p.m., EST, on October 4, 2018, by
relations, Penalties, Reporting and ‘‘Comment Now’’ and follow the
instructions provided to submit a sending the following information via
recordkeeping requirements. email to osd.dfars@mail.mil:
comment. Please include ‘‘DFARS Case
Authority: This action is issued under the 2017–D019’’ on any attached (1) Company or organization name.
authority of sections 2002(a), 3006, and documents. (2) Full name, valid email address,
7004(b) of the Solid Waste Disposal Act as Æ Email: osd.dfars@mail.mil. Include and telephone number of each person
daltland on DSKBBV9HB2PROD with PROPOSALS
amended, 42 U.S.C. 6912(a), 6926, and DFARS Case 2017–D019 in the subject planning to attend, and whether the
6974(b). line of the message. individual is a U.S. citizen.
Dated: August 30, 2018. Æ Fax: 571–372–6094. (3) Name, title, organizational
Æ Mail: Defense Acquisition affiliation of presenter, if desiring to
Onis Glenn, III,
Regulations System, Attn: Ms. Amy G. make a presentation, limited to a
Regional Administrator, Region 4. Williams, OUSD(A&S)DPC/DARS, 5-minute presentation per company or
[FR Doc. 2018–20533 Filed 9–20–18; 8:45 am] Room 3B941, 3060 Defense Pentagon, organization. This limitation may be
BILLING CODE 6560–50–P Washington, DC 20301–3060. subject to adjustment, depending on the
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Document Created: 2018-09-21 00:23:56
Document Modified: 2018-09-21 00:23:56
| 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 must be received on or before October 22, 2018. | |
| Contact | Audrey Baker, Materials and Waste Management Branch, RCR Division, U.S. Environmental Protection Agency, Atlanta Federal Center, 61 Forsyth Street SW, Atlanta, Georgia 30303- 8960; telephone number: (404) 562-8483: fax number: (404) 562-9964; | |
| FR Citation | 83 FR 47858 | |
| CFR Associated | Environmental Protection; Administrative Practice and Procedure; Confidential Business Information; Hazardous Waste; Hazardous Waste Transportation; Intergovernmental Relations; Penalties and Reporting and Recordkeeping Requirements |
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