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)

Page Range		50869-50872
FR Document		2018-21883

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.

Federal Register, Volume 83 Issue 196 (Wednesday, October 10, 2018)

[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]]

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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:
greenberg.judith@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) 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

VerDate Sep<11>2014 16:48 Oct 09, 2018 Jkt 247001 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 E:\FR\FM\10OCP1.SGM 10OCP1

50870 Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 / Proposed Rules

less stringent than the federal program, final authorization. Therefore, we are this action, the following program
and therefore satisfy all of the proposing to authorize, subject to changes:
requirements necessary to qualify for receipt of written comments that oppose

MICHIGAN’S ANALOGS TO THE FEDERAL REQUIREMENTS
Analogous state authority
Description of federal requirement Federal Register date and page (MAC R 299.* * *, effective April 5, 2017,
unless otherwise specified)

Conditional Exclusions for Solvent Contaminated July 13, 2013, 78 FR 46448 ......... 9105(bb), 9107(y), 9109(pp), and 9204(1)(z) and
Wipes, Checklist 229. (2)(q).
Conditional Exclusion for Carbon Dioxide (CO2) January 3, 2014, 79 FR 350 ........ 9201(b), effective September 22, 1998, and
Streams in Geologic Sequestration Activities, 9204(13).
Checklist 230.
Hazardous Waste Electronic Manifest Rule, Check- February 7, 2014, 79 FR 7518 ..... 9103(a), (b), (o), and (ff), 9304(1)(c), (2), and (6),
list 231. 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 Provisions of the Cathode June 26, 2014, 79 FR 26220 ....... 9102(y), 9231(1)(f) and (7), and 11003(1)(i) and (j).
Ray Tube (CRT) Rule, Checklist 232.
Revisions to the Definition of Solid Waste Checklist January 13, 2015, 80 FR 1694 .... 9202(7), (8), and (9), and 11003(1)(i).
233A.
Revisions to the Definition of Solid Waste Checklist January 13, 2015, 80 FR 1694 .... 9102(r), 9104(d), 9232, 9232(1), and 9202.
233B.
Revisions to the Definition of Solid Waste Checklist January 13, 2015, 80 FR 1694 .... 9107(bb).
233C.
Revisions to the Definition of Solid Waste Checklist January 13, 2015, 80 FR 1694 .... 9103(e), (s), and (aa), 9104, 9105(b), 9107(b),
233D2. 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 Solid Waste Checklist January 13, 2015, 80 FR 1694 .... 9107(i), 9202(1)(b)(iii) and (1)(cc), 9233(1), (2), (3),
233E. and (4), and 11003(1)(j).
Response to Vacaturs of the Comparable Fuels Rule April 8, 2015, 80 FR 18777 .......... 9104(a), 9204(1)(l) and (w), and 9230.
and the Gasification Rule, Checklist 234.
Disposal of Coal Combustion Residuals from Electric April 17, 2015, 80 FR 21302 ........ 9204(2)(c), (d), and (e).
Utilities, Checklist 235.

TABLE 2—EQUIVALENT STATE-INITIATED CHANGES
Effective
State citation date(s) of Description of modification
MAC R 299.* * * state-initiated
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 sub-
division (h), are not hazardous wastes for the purposes for Part 111, Hazardous Waste Man-
agement, 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.
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G. Which revised state rules are 270.3. EPA will continue to implement Wastes that are not already regulated as
different from the federal rules? those requirements. hazardous waste. As such they are not
Michigan has proposed additions to regulated under the RCRA subtitle C
Michigan has excluded the non- program by U.S. EPA, though Michigan
delegable federal requirements at 40 its Universal Wastes that will add
CFR 268.5, 268.6, 268.42(b), 268.44, and Antifreeze, Aerosol cans and Paint

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Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 / Proposed Rules 50871

plans to regulate them under State law waste program into the Code of Federal 5. Executive Order 13132: Federalism
if those State additions go into effect. Regulations. We do this by referencing Executive Order 13132 (64 FR 43255,
Michigan’s program is broader in the authorized state rules in 40 CFR part August 10, 1999) does not apply to this
scope than the federal program in its 272. Michigan’s rules, up to and proposed rule because it will not have
adoption of 40 CFR 260.43 (2015) and including those revised October 19, federalism implications (i.e., substantial
40 CFR 261.4(a)(24) (2015) at MAC R 1991, have previously been codified direct effects on the states, on the
299.9232 and R 299.9204(1)(bb). Both of through incorporation-by-reference relationship between the national
these regulations include provisions effective April 24, 1989 (54 FR 7421, government and the states, or on the
from the 2015 Definition of Solid Waste February 21, 1989); as amended distribution of power and
(DSW) Rule that have been vacated and effective March 31, 1992 (57 FR 3724, responsibilities among the various
replaced with the less stringent January 31, 1992). We reserve the levels of government).
requirements of 40 CFR 260.43 (2008) amendment of 40 CFR part 272, subpart
and 40 CFR 261.4(a)(24) and (25) (2008) X, for the codification of Michigan’s 6. Executive Order 13175: Consultation
from the 2008 DSW Rule.’’ program changes until a later date. and Coordination With Indian Tribal
Governments
H. Who handles permits after the final K. Statutory and Executive Order
authorization takes effect? Executive Order 13175 (65 FR 67249,
Reviews
November 9, 2000) does not apply to
Michigan will issue permits for all the This proposed rule only authorizes this proposed rule because it will not
provisions for which it is authorized hazardous waste requirements pursuant have tribal implications (i.e., substantial
and will administer the permits it to RCRA 3006 and imposes no direct effects on one or more Indian
issues. EPA will continue to administer requirements other than those imposed tribes, or on the relationship between
any RCRA hazardous waste permits or by state law (see SUPPLEMENTARY the Federal Government and Indian
portions of permits which EPA issues INFORMATION, Section A. Why are tribes, or on the distribution of power
prior to the effective date of the Revisions to State Programs Necessary?). and responsibilities between the Federal
proposed authorization until they expire Therefore, this rule complies with Government and Indian tribes).
or are terminated. We will not issue any applicable executive orders and
more new permits or new portions of statutory provisions as follows: 7. Executive Order 13045: Protection of
permits for the provisions listed in the Children From Environmental Health
Table above after the effective date of 1. Executive Order 12866: Regulatory and Safety Risks
the authorization. EPA will continue to Planning and Review and Executive
This proposed rule is not subject to
implement and issue permits for HSWA Order 13563: Improving Regulations
Executive Order 13045 (62 FR 19885,
requirements for which Michigan is not and Regulatory Review
April 23, 1997), because it is not
yet authorized. The Office of Management and Budget economically significant as defined in
has exempted this rule from its review Executive Order 12866 and because the
I. How does today’s action affect Indian under Executive Orders 12866 (58 FR EPA does not have reason to believe the
Country (18 U.S.C. 1151) in Michigan? 51735, October 4, 1993) and Executive environmental health or safety risks
Michigan is not authorized to carry Order 13563 (76 FR 3821, January 21, addressed by this action present a
out its hazardous waste program in 2011). disproportionate risk to children.
Indian Country within the State, as
defined in 18 U.S.C. 1151. This 2. Paperwork Reduction Act 8. Executive Order 13211: Actions That
includes: This proposed rule does not impose Significantly Affect Energy Supply,
1. All lands within the exterior an information collection burden under Distribution, or Use
boundaries of Indian reservations the provisions of the Paperwork This proposed rule is not subject to
within the State of Michigan; Reduction Act of 1995 (44 U.S.C. 3501 Executive Order 13211 (66 FR 28355,
2. Any land held in trust by the U.S. et seq.). May 22, 2001), because it is not a
for an Indian tribe; and significant regulatory action as defined
3. Any other land, whether on or off 3. Regulatory Flexibility Act
in Executive Order 12866.
an Indian reservation that qualifies as This proposed rule authorizes state
Indian Country. requirements for the purpose of RCRA 9. National Technology Transfer
Therefore, authorizing Michigan for 3006 and imposes no additional Advancement Act
these revisions would not affect Indian requirements beyond those required by EPA approves state programs as long
Country in Michigan. EPA would state law. Accordingly, I certify that this as they meet criteria required by RCRA,
continue to implement and administer proposed rule will not have a significant so it would be inconsistent with
the RCRA program in Indian Country. It economic impact on a substantial applicable law for EPA, in its review of
is EPA’s long-standing position that the number of small entities under the a state program, to require the use of any
term ‘‘Indian lands’’ used in past Regulatory Flexibility Act (5 U.S.C. 601 particular voluntary consensus standard
Michigan hazardous waste approvals is et seq.). in place of another standard that meets
synonymous with the term ‘‘Indian the requirements of RCRA. Thus, the
4. Unfunded Mandates Reform Act
Country.’’ Washington Dep’t of Ecology requirements of section 12(d) of the
v. U.S. EPA, 752 F.2d 1465, 1467, n.1 Because this proposed rule approves National Technology Transfer and
(9th Cir. 1985). See 40 CFR 144.3 and pre-existing requirements under state Advancement Act of 1995 (15 U.S.C.
daltland on DSKBBV9HB2PROD with PROPOSALS

258.2. law and does not impose any additional 272 note) do not apply to this proposed
enforceable duty beyond that required rule.
J. What is codification and is EPA by state law, it does not contain any
codifying Michigan’s hazardous waste unfunded mandate or significantly or 10. Executive Order 12988
program as authorized in this rule? uniquely affect small governments, as As required by Section 3 of Executive
Codification is the process of placing described in the Unfunded Mandates Order 12988 (61 FR 4729, February 7,
a state’s statutes and regulations that Reform Act of 1995 (2 U.S.C. 1531– 1996), in issuing this proposed rule,
comprise a state’s authorized hazardous 1538). EPA has taken the necessary steps to

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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

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Proposed rule.
Dates		Comments on this proposed rule must be received by 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