83 FR 50869 - Michigan: Proposed Authorization of State Hazardous Waste Management Program Revision
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 196 (October 10, 2018)
Federal Register Volume 83, Issue 196 (October 10, 2018)
| Page Range | 50869-50872 | |
| FR Document | 2018-21883 |
[Federal Register Volume 83, Number 196 (Wednesday, October 10, 2018)] [Proposed Rules] [Pages 50869-50872] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-21883] [[Page 50869]] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 271 [EPA-R05-RCRA-2017-0381; FRL-9985-15-Region 5] Michigan: Proposed Authorization of State Hazardous Waste Management Program Revision AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: Michigan has applied to EPA for final authorization of changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). EPA has reviewed Michigan's application, and we have determined that these changes satisfy all requirements needed to quality for final authorization, and we are proposing to authorize the State's changes. The EPA seeks public comment prior to taking final action. DATES: Comments on this proposed rule must be received by November 9, 2018. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R5- RCRA-2017-0381 at www.regulations.gov. Follow the on-line instructions for submitting comments. Once submitted, comments cannot be edited or removed from www.regulations.gov. The EPA may publish any comment received to its public docket. Do not submit comments 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. The 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: Judith Greenberg, Region 5, RCRA/TSCA Programs Section, RCRA Branch, Land and Chemicals Division, U.S. Environmental Protection Agency, 77 West Jackson Boulevard, LR-8J, Chicago, Illinois 60604, phone number: (312) 886-4179, email: [email protected]. SUPPLEMENTARY INFORMATION: A. Why are revisions to state programs necessary? States that have received final authorization from EPA under RCRA Section 3006(b) of RCRA, 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 request EPA to authorize the changes. Changes to state programs may be necessary when federal or state statutory or regulatory authority is modified or when certain other changes occur. Most commonly, states must change their programs because of changes to EPA's regulations in 40 Code of Federal Regulations (CFR) parts 124, 260 through 266, 268, 270, 273 and 279. B. What decisions have we made in this rule? We have made a tentative decision that Michigan's application to revise its authorized program meets all of the statutory and regulatory requirements established by RCRA. Therefore, we propose to grant Michigan's final authorization to operate its hazardous waste program with the changes described in the authorization application. Michigan will have responsibility for permitting treatment, storage, and disposal facilities (TSDFs) within its borders (except in Indian Country) and for carrying out the aspects of the RCRA program described in its program revision 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 requirements and prohibitions in Michigan, including issuing permits, until the State is granted authorization to do so. C. What will be the effect if Michigan is authorized for these changes? If Michigan is authorized for these changes as described in Michigan's authorization revision application, these changes will become a part of the authorized state hazardous waste program, and therefore will be federally enforceable. Michigan will continue to have primary enforcement authority and responsibility for its state hazardous waste program. EPA would retain its authorities under RCRA sections 3007, 3008, 3013, and 7003, including its authority to:Conduct inspections which may include but are not limited to requiring monitoring, tests, analyses and/or reports; Enforce RCRA requirements which may include, but are not limited to, suspending, terminating, modifying and/or revoking permits; and Take enforcement actions regardless of whether the State has taken its own actions. This action, if approved, will not impose additional requirements on the regulated community because the regulations for which Michigan is requesting authorization are already effective under state law, and will not be changed by the act of authorization. D. What happens if EPA receives adverse comments on this action? If EPA receives adverse comments on this authorization, we will address all public comments in a later 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 Michigan previously been authorized for? Michigan initially received final authorization on October 16, 1986, effective October 30, 1986 (51 FR 36804-36805), to implement the RCRA hazardous waste management program. We granted authorization for changes to Michigan's program on November 24, 1989, effective January 23, 1990 (54 FR 48608); on January 24, 1991, effective June 24, 1991 (56 FR 18517); on October 1, 1993, effective November 30, 1993 (58 FR 51244); on January 13, 1995, effective January 13, 1995 (60 FR 3095); on February 8, 1996, effective April 8, 1996 (61 FR 4742); on November 14, 1997, effective November 14, 1997 (62 FR 61775); on March 2, 1999, effective June 1, 1999 (64 FR 10111); on July 31, 2002, effective July 31, 2002 (67 FR 49617); on March 9, 2006, effective March 9, 2006 (71 FR 12141); on January 7, 2008 (73 FR 1077), effective January 7, 2008; on March 2, 2010, effective March 2, 2010 (75 FR 9345); and on August 28, 2015 (80 FR 52194). F. What changes are we proposing with today's action? On March 2, 2018, Michigan submitted a final program revision application, seeking authorization of changes in accordance with 40 CFR 271.21. EPA proposes to make a final determination that Michigan's hazardous waste program revisions are equivalent to, consistent with, and no [[Page 50870]] less stringent than the federal program, and therefore satisfy all of the requirements necessary to qualify for final authorization. Therefore, we are proposing to authorize, subject to receipt of written comments that oppose this action, the following program changes: Michigan's Analogs to the Federal Requirements ------------------------------------------------------------------------ Analogous state authority (MAC R Description of federal Federal Register 299.* * *, effective requirement date and page April 5, 2017, unless otherwise specified) ------------------------------------------------------------------------ Conditional Exclusions for July 13, 2013, 78 9105(bb), 9107(y), Solvent Contaminated Wipes, FR 46448. 9109(pp), and Checklist 229. 9204(1)(z) and (2)(q). Conditional Exclusion for January 3, 2014, 9201(b), effective Carbon Dioxide (CO2) Streams 79 FR 350. September 22, 1998, in Geologic Sequestration and 9204(13). Activities, Checklist 230. Hazardous Waste Electronic February 7, 2014, 9103(a), (b), (o), Manifest Rule, Checklist 231. 79 FR 7518. and (ff), 9304(1)(c), (2), and (6), 9409(1) and (5); 9601(2)(c), effective December 16, 2004, 9608, 9608(1), (6), (7), and (9), and (12), and 11003(1)(l), (m) and (o). Revisions to the Export June 26, 2014, 79 9102(y), 9231(1)(f) Provisions of the Cathode Ray FR 26220. and (7), and Tube (CRT) Rule, Checklist 11003(1)(i) and (j). 232. Revisions to the Definition of January 13, 2015, 9202(7), (8), and Solid Waste Checklist 233A. 80 FR 1694. (9), and 11003(1)(i). Revisions to the Definition of January 13, 2015, 9102(r), 9104(d), Solid Waste Checklist 233B. 80 FR 1694. 9232, 9232(1), and 9202. Revisions to the Definition of January 13, 2015, 9107(bb). Solid Waste Checklist 233C. 80 FR 1694. Revisions to the Definition of January 13, 2015, 9103(e), (s), and Solid Waste Checklist 233D2. 80 FR 1694. (aa), 9104, 9105(b), 9107(b), 9108(h), 9202(1)(b) and (aa), 9204, 9204(1)(aa) and (bb), 9202(6), (7), and (9), 9234(1) and (2), 9519((5)(a)(ix) and (x), and 11003(1)(i) and (j). Revisions to the Definition of January 13, 2015, 9107(i), Solid Waste Checklist 233E. 80 FR 1694. 9202(1)(b)(iii) and (1)(cc), 9233(1), (2), (3), and (4), and 11003(1)(j). Response to Vacaturs of the April 8, 2015, 80 9104(a), 9204(1)(l) Comparable Fuels Rule and the FR 18777. and (w), and 9230. Gasification Rule, Checklist 234. Disposal of Coal Combustion April 17, 2015, 9204(2)(c), (d), and Residuals from Electric 80 FR 21302. (e). Utilities, Checklist 235. ------------------------------------------------------------------------ Table 2--Equivalent State-Initiated Changes ---------------------------------------------------------------------------------------------------------------- Effective date(s) of State citation MAC R 299.* * * state-initiated Description of modification modification ---------------------------------------------------------------------------------------------------------------- 9204(2)(h)(vii) and (x)................. April 5, 2017.......... A. The phrase ``including waste scrap leather from automotive seat design activities'' has been added to paragraph (vii) to clarify that such materials are included in the waste scrap leather from the leather tanning industry, the shoe manufacturing industry, and other leather product manufacturing industries category. A. Paragraph (x) has been added to include boiler chemical cleaning waste from electric utility boiler maintenance using water and tetra ammonium ethylene diamine tetra acetic aced (a.k.a. ammoniated EDTA) among the specific wastes that, if they meet the standards in subdivision (h), are not hazardous wastes for the purposes for Part 111, Hazardous Waste Management, of Michigan's Natural Resources and Environmental Protection Act, 1994 PA 451, as amended, and its rules. 9206(3)(q).............................. 4/5/2017............... The items considered textiles have been modified to reflect the new federal term ``wipes'' that the U.S. Environmental Protection Agency defined as part of the Solvent-Contaminated Wipes Rule. 9225.................................... 4/5/2017............... Table 205b has been modified to remove duplicate entry for nitrobenzene and add back in 1,3-Pentadiene, which is part of the Part 111 rules, but was inadvertently deleted from the printed copies of the rules. 9226.................................... 4/5/2017............... Certain state ``U'' wastes have been deleted from Table 205c. 9506, 9621, and 11001................... 4/5/2017............... These rules have been revised to reflect updates to the ASTM standards. 9608(1)................................. 4/5/2017............... This subrule has been revised to clarify that if a facility receives a hazardous waste shipment from a conditionally exempt small quantity generator that is accompanied by a manifest, the facility is not required to submit a copy of that manifest to the director or his or her designee. ---------------------------------------------------------------------------------------------------------------- G. Which revised state rules are different from the federal rules? Michigan has excluded the non-delegable federal requirements at 40 CFR 268.5, 268.6, 268.42(b), 268.44, and 270.3. EPA will continue to implement those requirements. Michigan has proposed additions to its Universal Wastes that will add Antifreeze, Aerosol cans and Paint Wastes that are not already regulated as hazardous waste. As such they are not regulated under the RCRA subtitle C program by U.S. EPA, though Michigan [[Page 50871]] plans to regulate them under State law if those State additions go into effect. Michigan's program is broader in scope than the federal program in its adoption of 40 CFR 260.43 (2015) and 40 CFR 261.4(a)(24) (2015) at MAC R 299.9232 and R 299.9204(1)(bb). Both of these regulations include provisions from the 2015 Definition of Solid Waste (DSW) Rule that have been vacated and replaced with the less stringent requirements of 40 CFR 260.43 (2008) and 40 CFR 261.4(a)(24) and (25) (2008) from the 2008 DSW Rule.'' H. Who handles permits after the final authorization takes effect? Michigan 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 issues prior to the effective date of the proposed authorization until they expire or are terminated. We will not issue any more new permits or new portions of permits for the provisions listed in the Table above after the effective date of the authorization. EPA will continue to implement and issue permits for HSWA requirements for which Michigan is not yet authorized. I. How does today's action affect Indian Country (18 U.S.C. 1151) in Michigan? Michigan is not authorized to carry out its hazardous waste program in Indian Country within the State, as defined in 18 U.S.C. 1151. This includes: 1. All lands within the exterior boundaries of Indian reservations within the State of Michigan; 2. Any land held in trust by the U.S. for an Indian tribe; and 3. Any other land, whether on or off an Indian reservation that qualifies as Indian Country. Therefore, authorizing Michigan for these revisions would not affect Indian Country in Michigan. EPA would continue to implement and administer the RCRA program in Indian Country. It is EPA's long- standing position that the term ``Indian lands'' used in past Michigan hazardous waste approvals is synonymous with the term ``Indian Country.'' Washington Dep't of Ecology v. U.S. EPA, 752 F.2d 1465, 1467, n.1 (9th Cir. 1985). See 40 CFR 144.3 and 258.2. J. What is codification and is EPA codifying Michigan's hazardous waste program as authorized in this rule? Codification is the process of placing a state's statutes and regulations that comprise a state's authorized hazardous waste program into the Code of Federal Regulations. We do this by referencing the authorized state rules in 40 CFR part 272. Michigan's rules, up to and including those revised October 19, 1991, have previously been codified through incorporation-by-reference effective April 24, 1989 (54 FR 7421, February 21, 1989); as amended effective March 31, 1992 (57 FR 3724, January 31, 1992). We reserve the amendment of 40 CFR part 272, subpart X, for the codification of Michigan's program changes until a later date. K. Statutory and Executive Order Reviews This proposed rule only authorizes hazardous waste requirements pursuant to RCRA 3006 and imposes no requirements other than those imposed by state law (see SUPPLEMENTARY INFORMATION, Section A. Why are Revisions to State Programs Necessary?). Therefore, this rule complies with applicable executive orders and statutory provisions as follows: 1. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulations and Regulatory Review The Office of Management and Budget has exempted this rule from its review under Executive Orders 12866 (58 FR 51735, October 4, 1993) and Executive Order 13563 (76 FR 3821, January 21, 2011). 2. Paperwork Reduction Act This proposed rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). 3. Regulatory Flexibility Act This proposed rule authorizes state requirements for the purpose of RCRA 3006 and imposes no additional requirements beyond those required by state law. Accordingly, I certify that this proposed rule 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.). 4. Unfunded Mandates Reform Act Because this proposed rule approves 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). 5. Executive Order 13132: Federalism Executive Order 13132 (64 FR 43255, August 10, 1999) does not apply to this proposed rule because it will not have federalism implications (i.e., 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). 6. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments Executive Order 13175 (65 FR 67249, November 9, 2000) does not apply to this proposed rule because it will not have tribal implications (i.e., substantial direct effects on one or more Indian tribes, or on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes). 7. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks This proposed rule is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), because it is not economically significant as defined in Executive Order 12866 and because the EPA does not have reason to believe the environmental health or safety risks addressed by this action present a disproportionate risk to children. 8. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use This proposed rule is not subject to Executive Order 13211 (66 FR 28355, May 22, 2001), because it is not a significant regulatory action as defined in Executive Order 12866. 9. National Technology Transfer Advancement Act EPA approves state programs as long as they meet criteria required by RCRA, so it would be inconsistent with applicable law for EPA, in its review of a state program, to require the use of any particular voluntary consensus standard in place of another standard that meets the requirements of RCRA. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply to this proposed rule. 10. Executive Order 12988 As required by Section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing this proposed rule, EPA has taken the necessary steps to [[Page 50872]] eliminate drafting errors and ambiguity, minimize potential litigation, and provide a clear legal standard for affected conduct. 11. Executive Order 12630: Evaluation of Risk and Avoidance of Unanticipated Takings EPA has complied with Executive Order 12630 (53 FR 8859, March 18, 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. 12. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low Income Populations Because this rulemaking proposes authorization of pre-existing state rules and imposes no additional requirements beyond those imposed by state law and there are no anticipated significant adverse human health or environmental effects, the proposed rule is not subject to Executive Order 12898 (59 FR 7629, February 16, 1994). 13. Executive Order 13771: Reducing Regulations and Controlling Regulatory Costs This action is not an Executive Order 13771 (82 FR 9339, February 3, 2017) regulatory action because actions such as today's final authorization of Michigan's revised hazardous waste management program under RCRA are exempted under Executive Order 12866. List of Subjects in 40 CFR Part 271 Environmental Protection; Administrative practice and procedure, Confidential business information, Hazardous materials transportation, Hazardous waste, Indians-lands, Intergovernmental relations, Penalties, Reporting and recordkeeping requirements. Authority: 42 U.S.C. 6905, 6912(a), 6926, and 6939g. Dated: September 18, 2018. Cathy Stepp, Regional Administrator, Region 5. [FR Doc. 2018-21883 Filed 10-9-18; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 / Proposed Rules 50869
ENVIRONMENTAL PROTECTION SUPPLEMENTARY INFORMATION: 3008, 3013, and 7003, including its
AGENCY authority to:
A. Why are revisions to state programs • Conduct inspections which may
40 CFR Part 271 necessary? include but are not limited to requiring
States that have received final monitoring, tests, analyses and/or
[EPA–R05–RCRA–2017–0381; FRL–9985–
15–Region 5]
authorization from EPA under RCRA reports;
Section 3006(b) of RCRA, 42 U.S.C. • Enforce RCRA requirements which
Michigan: Proposed Authorization of 6926(b), must maintain a hazardous may include, but are not limited to,
State Hazardous Waste Management waste program that is equivalent to, suspending, terminating, modifying
Program Revision consistent with, and no less stringent and/or revoking permits; and
than the federal program. As the federal • Take enforcement actions regardless
AGENCY: Environmental Protection program changes, states must change of whether the State has taken its own
Agency (EPA). their programs and request EPA to actions.
ACTION: Proposed rule. authorize the changes. Changes to state This action, if approved, will not
programs may be necessary when impose additional requirements on the
SUMMARY: Michigan has applied to EPA
federal or state statutory or regulatory regulated community because the
for final authorization of changes to its
authority is modified or when certain regulations for which Michigan is
hazardous waste program under the
other changes occur. Most commonly, requesting authorization are already
Resource Conservation and Recovery
states must change their programs effective under state law, and will not
Act (RCRA). EPA has reviewed
because of changes to EPA’s regulations be changed by the act of authorization.
Michigan’s application, and we have
in 40 Code of Federal Regulations (CFR)
determined that these changes satisfy all D. What happens if EPA receives
parts 124, 260 through 266, 268, 270,
requirements needed to quality for final adverse comments on this action?
273 and 279.
authorization, and we are proposing to If EPA receives adverse comments on
authorize the State’s changes. The EPA B. What decisions have we made in this this authorization, we will address all
seeks public comment prior to taking rule?
public comments in a later Federal
final action. We have made a tentative decision Register. You may not have another
DATES: Comments on this proposed rule that Michigan’s application to revise its opportunity to comment. If you want to
must be received by November 9, 2018. authorized program meets all of the comment on this authorization, you
ADDRESSES: Submit your comments, statutory and regulatory requirements must do so at this time.
identified by Docket ID No. EPA–R5– established by RCRA. Therefore, we
RCRA–2017–0381 at propose to grant Michigan’s final E. What has Michigan previously been
www.regulations.gov. Follow the on-line authorization to operate its hazardous authorized for?
instructions for submitting comments. waste program with the changes Michigan initially received final
Once submitted, comments cannot be described in the authorization authorization on October 16, 1986,
edited or removed from application. Michigan will have effective October 30, 1986 (51 FR
www.regulations.gov. The EPA may responsibility for permitting treatment, 36804–36805), to implement the RCRA
publish any comment received to its storage, and disposal facilities (TSDFs) hazardous waste management program.
public docket. Do not submit comments within its borders (except in Indian We granted authorization for changes to
electronically any information you Country) and for carrying out the Michigan’s program on November 24,
consider to be Confidential Business aspects of the RCRA program described 1989, effective January 23, 1990 (54 FR
Information (CBI) or other information in its program revision application, 48608); on January 24, 1991, effective
whose disclosure is restricted by statute. subject to the limitations of the June 24, 1991 (56 FR 18517); on October
Multimedia submissions (audio, video, Hazardous and Solid Waste 1, 1993, effective November 30, 1993 (58
etc.) must be accompanied by a written Amendments of 1984 (HSWA). New FR 51244); on January 13, 1995,
comment. The written comment is federal requirements and prohibitions effective January 13, 1995 (60 FR 3095);
considered the official comment and imposed by federal regulations that EPA on February 8, 1996, effective April 8,
should include discussion of all points promulgates under the authority of 1996 (61 FR 4742); on November 14,
you wish to make. The EPA will HSWA take effect in authorized states 1997, effective November 14, 1997 (62
generally not consider comments or before they are authorized for the FR 61775); on March 2, 1999, effective
comment contents located outside of the requirements. Thus, EPA will June 1, 1999 (64 FR 10111); on July 31,
primary submission (i.e. on the web, implement those requirements and 2002, effective July 31, 2002 (67 FR
cloud, or other file sharing system). For prohibitions in Michigan, including 49617); on March 9, 2006, effective
additional submission methods, the full issuing permits, until the State is March 9, 2006 (71 FR 12141); on
EPA public comment policy, granted authorization to do so. January 7, 2008 (73 FR 1077), effective
information about CBI or multimedia January 7, 2008; on March 2, 2010,
submissions, and general guidance on C. What will be the effect if Michigan
effective March 2, 2010 (75 FR 9345);
making effective comments, please visit is authorized for these changes?
and on August 28, 2015 (80 FR 52194).
http://www2.epa.gov/dockets/ If Michigan is authorized for these
commenting-epa-dockets. changes as described in Michigan’s F. What changes are we proposing with
FOR FURTHER INFORMATION CONTACT: authorization revision application, these today’s action?
daltland on DSKBBV9HB2PROD with PROPOSALS
Judith Greenberg, Region 5, RCRA/ changes will become a part of the On March 2, 2018, Michigan
TSCA Programs Section, RCRA Branch, authorized state hazardous waste submitted a final program revision
Land and Chemicals Division, U.S. program, and therefore will be federally application, seeking authorization of
Environmental Protection Agency, 77 enforceable. Michigan will continue to changes in accordance with 40 CFR
West Jackson Boulevard, LR–8J, have primary enforcement authority and 271.21. EPA proposes to make a final
Chicago, Illinois 60604, phone number: responsibility for its state hazardous determination that Michigan’s
(312) 886–4179, email: waste program. EPA would retain its hazardous waste program revisions are
greenberg.judith@epa.gov. authorities under RCRA sections 3007, equivalent to, consistent with, and no
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![50872 Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 / Proposed Rules
eliminate drafting errors and ambiguity, ENVIRONMENTAL PROTECTION Additional instructions on
minimize potential litigation, and AGENCY commenting or visiting the docket,
provide a clear legal standard for along with more information about
affected conduct. 40 CFR Part 721 dockets generally, is available at http://
www.epa.gov/dockets.
11. Executive Order 12630: Evaluation [EPA–HQ–OPPT–2018–0649; FRL–9984–67]
FOR FURTHER INFORMATION CONTACT:
of Risk and Avoidance of Unanticipated
RIN 2070–AB27 For technical information contact:
Takings Kenneth Moss, Chemical Control
EPA has complied with Executive Significant New Use Rules on Certain Division (7405M), Office of Pollution
Order 12630 (53 FR 8859, March 18, Chemical Substances Prevention and Toxics, Environmental
1988) by examining the takings Protection Agency, 1200 Pennsylvania
AGENCY: Environmental Protection Ave. NW, Washington, DC 20460–0001;
implications of this action in Agency (EPA). telephone number: (202) 564–9232;
accordance with the Attorney General’s ACTION: Proposed rule. email address: moss.kenneth@epa.gov.
Supplemental Guidelines for the
For general information contact: The
Evaluation of Risk and Avoidance of SUMMARY: EPA is proposing significant TSCA-Hotline, ABVI-Goodwill, 422
Unanticipated Takings issued under the new use rules (SNURs) under the Toxic South Clinton Ave. Rochester, NY
executive order. Substances Control Act (TSCA) for 28 14620; telephone number: (202) 554–
chemical substances which were the 1404; email address: TSCA-Hotline@
12. Executive Order 12898: Federal subject of premanufacture notices
Actions To Address Environmental epa.gov.
(PMNs). The chemical substances are
Justice in Minority Populations and Low subject to Orders issued by EPA SUPPLEMENTARY INFORMATION: In
Income Populations pursuant to section 5(e) of TSCA. This addition to this Notice of Proposed
action would require persons who Rulemaking, EPA is issuing the action
Because this rulemaking proposes as a direct final rule elsewhere in this
intend to manufacture (defined by
authorization of pre-existing state rules issue of the Federal Register. For further
statute to include import) or process any
and imposes no additional requirements information about the proposed
of these 28 chemical substances for an
beyond those imposed by state law and activity that is designated as a significant new use rules, please see the
there are no anticipated significant significant new use by this rule to notify information provided in the direct final
adverse human health or environmental EPA at least 90 days before commencing action, with the same title, that is
effects, the proposed rule is not subject that activity. The required notification located in the ‘‘Rules and Regulations’’
to Executive Order 12898 (59 FR 7629, initiates EPA’s evaluation of the section of this issue of the Federal
February 16, 1994). intended use within the applicable Register.
13. Executive Order 13771: Reducing review period. Persons may not List of Subjects in 40 CFR Part 721
Regulations and Controlling Regulatory commence manufacture or processing
for the significant new use until EPA Environmental protection, Chemicals,
Costs Hazardous substances, Reporting and
has conducted a review of the notice,
This action is not an Executive Order made an appropriate determination on recordkeeping requirements.
13771 (82 FR 9339, February 3, 2017) the notice, and has taken such actions Dated: October 1, 2018.
regulatory action because actions such as are required with that determination. Jeffery T. Morris,
as today’s final authorization of In addition to this Notice of Proposed Director, Office of Pollution Prevention and
Michigan’s revised hazardous waste Rulemaking, EPA is issuing the action Toxics.
management program under RCRA are as a direct final rule elsewhere in this [FR Doc. 2018–21870 Filed 10–9–18; 8:45 am]
exempted under Executive Order 12866. issue of the Federal Register. BILLING CODE 6560–50–P
DATES: Comments must be received on
List of Subjects in 40 CFR Part 271 or before November 9, 2018.
Environmental Protection; ADDRESSES: Submit your comments, DEPARTMENT OF TRANSPORTATION
Administrative practice and procedure, identified by docket identification (ID)
number EPA–HQ–OPPT–2018–0649, by National Highway Traffic Safety
Confidential business information, Administration
Hazardous materials transportation, one of the following methods:
Hazardous waste, Indians-lands, • Federal eRulemaking Portal: http://
www.regulations.gov. Follow the online 49 CFR Parts 555, 571 and 591
Intergovernmental relations, Penalties,
instructions for submitting comments. [Docket No. NHTSA–2018–0092]
Reporting and recordkeeping
Do not submit electronically any
requirements. information you consider to be RIN 2127–AL99
Authority: 42 U.S.C. 6905, 6912(a), 6926, Confidential Business Information (CBI)
and 6939g.
Pilot Program for Collaborative
or other information whose disclosure is
Research on Motor Vehicles With High
Dated: September 18, 2018. restricted by statute.
or Full Driving Automation
• Mail: Document Control Office
Cathy Stepp,
(7407M), Office of Pollution Prevention AGENCY: National Highway Traffic
daltland on DSKBBV9HB2PROD with PROPOSALS
Regional Administrator, Region 5. and Toxics (OPPT), Environmental Safety Administration (NHTSA),
[FR Doc. 2018–21883 Filed 10–9–18; 8:45 am] Protection Agency, 1200 Pennsylvania Department of Transportation (DOT).
BILLING CODE 6560–50–P Ave. NW, Washington, DC 20460–0001. ACTION: Advance notice of proposed
• Hand Delivery: To make special rulemaking (ANPRM).
arrangements for hand delivery or
delivery of boxed information, please SUMMARY: NHTSA is seeking public
follow the instructions at http:// comment on matters related to the near-
www.epa.gov/dockets/contacts.html. term and long-term challenges of
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Document Created: 2018-10-10 17:37:16
Document Modified: 2018-10-10 17:37:16
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| 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 November 9, 2018. | |
| Contact | Judith Greenberg, Region 5, RCRA/TSCA Programs Section, RCRA Branch, Land and Chemicals Division, U.S. Environmental Protection Agency, 77 West Jackson Boulevard, LR-8J, Chicago, Illinois 60604, phone number: (312) 886-4179, email: [email protected] | |
| FR Citation | 83 FR 50869 | |
| CFR Associated | Environmental Protection; Administrative Practice and Procedure; Confidential Business Information; Hazardous Materials Transportation; Hazardous Waste; Indians-Lands; Intergovernmental Relations; Penalties and Reporting and Recordkeeping Requirements |
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