Tennessee: Final Authorization of State Hazardous Waste Management Program Revisions, 14847-14852 [2015-06512]
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Federal Register / Vol. 80, No. 54 / Friday, March 20, 2015 / Rules and Regulations
5. Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect 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. We have
analyzed this rule under that Order and
determined that this rule does not have
implications for federalism.
6. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT, section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
7. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such expenditure, we
do discuss the effects of this rule
elsewhere in this preamble.
8. Taking of Private Property
This rule will not cause a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
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9. Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
10. Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
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because it does not have a substantial
direct effect on one or more Indian
tribes, 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.
12. Energy Effects
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
14. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have determined that this action is one
of a category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule establishes an
emergency safety zone for waters of the
Allegheny River within the COTP
Pittsburgh Zone. This rule is
categorically excluded from further
review under paragraph 34(g) of figure
2–1 of the Commandant Instruction an
environmental analysis checklist
supporting this determination and a
Categorical Exclusion Determination are
available in the docket where indicated
under ADDRESSES. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
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14847
2. Add § 165.T08–0126 to read as
follows:
■
§ 165.T08–0126 Safety Zone; Pittsburgh,
PA; Ice Accumulations; Allegheny River
Mile 1.0–72.0.
(a) Location. The following area is a
safety zone: all waters of the Allegheny
River within the Captain of the Port
(COTP) Pittsburgh Zone, mile 1.0 to
mile 72.0 on the Allegheny River.
(b) Effective date. This temporary rule
is effective from March 20, 2015 through
April 1, 2015, and enforceable February
26, 2015, until April 1, 2015 or ice
conditions within the Captain of the
Port (COTP) Pittsburgh Zone have
improved, whichever occurs earlier.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23, entry
into this zone is prohibited unless
authorized by the COTP Pittsburgh or a
designated representative.
(2) Persons or vessels requiring entry
into or passage through the zone must
request permission from the COTP
Pittsburgh or a designated
representative. The COTP Pittsburgh or
a representative may be contacted at
(412) 221–0807.
(3) All persons and vessels shall
comply with the instructions of the
COTP Pittsburgh or their designated
representative. Designated COTP
representatives include United States
Coast Guard commissioned, warrant,
and petty officers.
(d) Informational broadcasts. The
COTP Pittsburgh will inform the public
through Broadcast Notices to Mariners
(BNM) of the safety zone and any
changes to the enforcement periods.
Dated: February 26, 2015.
L.N. Weaver,
Commander, U.S. Coast Guard, Captain of
the Port Pittsburgh.
[FR Doc. 2015–06356 Filed 3–19–15; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 271
[EPA–R04–RCRA–2014–0712; FRL–9924–
83–Region–4]
Tennessee: Final Authorization of
State Hazardous Waste Management
Program Revisions
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
Tennessee has applied to the
United States Environmental Protection
Agency (EPA) for final authorization of
changes to its hazardous waste program
SUMMARY:
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Federal Register / Vol. 80, No. 54 / Friday, March 20, 2015 / Rules and Regulations
under the Resource Conservation and
Recovery Act (RCRA). EPA has
determined that these changes satisfy all
requirements needed to qualify for final
authorization, and is authorizing the
State’s changes through this direct final
rule. In the ‘‘Proposed Rules’’ section of
this issue of the Federal Register, EPA
is also publishing a separate document
that serves as the proposal to authorize
these changes. EPA believes this action
is not controversial and does not expect
comments that oppose it. Unless EPA
receives written comments that oppose
this authorization during the comment
period, the decision to authorize
Tennessee’s changes to its hazardous
waste program will take effect. If EPA
receives comments that oppose this
action, EPA will publish a document in
the Federal Register withdrawing this
direct final rule before it takes effect,
and the separate document published in
the ‘‘Proposed Rules’’ section of this
issue of the Federal Register will serve
as the proposal to authorize the changes.
DATES: This final authorization will
become effective on May 19, 2015
unless EPA receives adverse written
comment by April 20, 2015. If EPA
receives such comment, EPA will
publish a timely withdrawal of this
direct final rule in the Federal Register
and inform the public that this
authorization will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
RCRA–2014–0712, by one of the
following methods:
• Federal eRulemaking Portal:
www.regulations.gov. Follow the on-line
instructions for submitting comments.
• Email: merizalde.carlos@epa.gov.
• Fax: (404) 562–9964 (prior to
faxing, please notify the EPA contact
listed below).
• Mail: Send written comments to
Carlos E. Merizalde, RCRA Corrective
Action and Permitting Section, RCRA
Cleanup and Brownfields Branch,
Resource Conservation and Restoration
Division, U.S. Environmental Protection
Agency, Atlanta Federal Center, 61
Forsyth Street, SW., Atlanta, Georgia
30303–8960.
• Hand Delivery or Courier: Deliver
your comments to Carlos E. Merizalde,
RCRA Corrective Action and Permitting
Section, RCRA Cleanup and
Brownfields Branch, Resource
Conservation and Restoration Division,
U.S. Environmental Protection Agency,
Atlanta Federal Center, 61 Forsyth
Street SW., Atlanta, Georgia 30303–
8960. Such deliveries are only accepted
during the Regional Office’s normal
hours of operation, and special
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arrangements should be made for
deliveries of boxed information.
Instructions: EPA must receive your
comments by April 20, 2015. Direct
your comments to Docket ID No. EPA–
R04–RCRA–2014–0712. EPA’s policy is
that all comments received will be
included in the public docket without
change and may be made available
online at www.regulations.gov,
including any personal information
provided, unless the comment includes
information claimed to be Confidential
Business Information (CBI), or other
information whose disclosure is
restricted by statute. Do not submit
information that you consider to be CBI
or otherwise protected through
www.regulations.gov or email. The
www.regulations.gov Web site is an
‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an email comment directly
to EPA without going through
www.regulations.gov, your email
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made publicly available on the Internet.
If you submit an electronic comment,
EPA recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses. (For additional information
about EPA’s public docket, visit the EPA
Docket Center homepage at
www.epa.gov/epahome/dockets.htm).
Docket: All documents in the docket
are listed in the www.regulations.gov
index. Although listed in the index,
some information is not publicly
available, e.g., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy. Publicly
available docket materials are available
either electronically in
www.regulations.gov, or in hard copy.
You may view and copy Tennessee’s
applications and associated publicly
available materials from 8 a.m. to 4 p.m.
at the following locations: EPA, Region
4, Resource Conservation and
Restoration Division, Atlanta Federal
Center, 61 Forsyth Street SW., Atlanta,
Georgia 30303–8960; telephone number:
(404) 562–8512; and the Tennessee
Department of Environment and
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Conservation, Division of Solid Waste
Management, William R. Snodgrass
Tennessee Tower, 312 Rosa L. Parks
Avenue, 14th Floor, Nashville,
Tennessee; telephone number: (615)
532–0825. Interested persons wanting to
examine these documents should make
an appointment with the office at least
a week in advance.
FOR FURTHER INFORMATION CONTACT:
Carlos E. Merizalde, RCRA Corrective
Action and Permitting Section, RCRA
Cleanup and Brownfields Branch,
Resource Conservation and Restoration
Division, U.S. Environmental Protection
Agency, Atlanta Federal Center, 61
Forsyth Street, SW., Atlanta, Georgia
30303–8960; telephone number: (404)
562–8606; fax number: (404) 562–9964;
email address: merizalde.carlos@
epa.gov.
SUPPLEMENTARY INFORMATION:
A. Why are revisions to state programs
necessary?
States which 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. 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 will
implement those requirements and
prohibitions in Tennessee, including the
issuance of new permits implementing
those requirements, until the State is
granted authorization to do so.
B. What decisions has EPA made in this
rule?
On March 9, 2010 and January 15,
2013, Tennessee submitted final
complete program revision applications
seeking authorization of changes to its
hazardous waste program that
correspond to certain Federal rules
promulgated between July 1, 2004 and
June 30, 2006 (also known as RCRA
Clusters XV and XVI). Tennessee
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supplemented these applications on
September 16, 2014. EPA concludes that
Tennessee’s applications to revise its
authorized program meet 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 grants Tennessee final
authorization to operate its hazardous
waste program with the changes
described in the authorization
applications, and as outlined below in
Section G of this document.
Tennessee 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 applications, subject to the
limitations of HSWA, as discussed
above.
C. What is the effect of this
authorization decision?
The effect of this decision is that the
changes described in Tennessee’s
authorization applications will become
part of the authorized State hazardous
waste program, and will therefore be
federally enforceable. Tennessee will
continue to have primary enforcement
authority and responsibility for its State
hazardous waste program. EPA retains
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 does not impose
additional requirements on the
regulated community because the
regulations for which Tennessee is
being authorized by this action are
already effective and enforceable
Description of federal requirement
requirements under State law, and are
not changed by this action.
F. What has Tennessee previously been
authorized for?
D. Why wasn’t there a proposed rule
before this rule?
Tennessee initially received final
authorization on January 22, 1985,
effective February 5, 1985 (50 FR 2820),
to implement a RCRA hazardous waste
management program. EPA granted
authorization for changes to Tennessee’s
program on the following dates: June 12,
1987, effective August 11, 1987 (52 FR
22443); June 1, 1992, effective July 31,
1992 (57 FR 23063); May 8, 1995,
effective July 7, 1995 (60 FR 22524);
August 24, 1995, effective October 23,
1995 (60 FR 43979); May 23, 1996,
effective July 22, 1996 (61 FR 25796);
January 30, 1998, effective March 31,
1998 (63 FR 4587); September 15, 1999,
effective November 15, 1999 (64 FR
49998); October 26, 2000, effective
December 26, 2000 (65 FR 64161);
December 26, 2001, effective February
25, 2002 (66 FR 66342); April 11, 2003,
effective June 10, 2003 (68 FR 17748);
March 14, 2005, effective May 13, 2005
(70 FR 12416); May 11, 2006, effective
July 10, 2006 (71 FR 27405); and
October 5, 2012, effective December 4,
2012 (77 FR 60919).
Along with this direct final rule, EPA
is publishing a separate document in the
‘‘Proposed Rules’’ section of this issue
of the Federal Register that serves as the
proposal to authorize these State
program changes. EPA did not publish
a proposed rule before today because
EPA views this as a routine program
change and does not expect comments
that oppose this approval. EPA is
providing an opportunity for public
comment now, as described in Section
E of this document.
E. What happens if EPA receives
comments that oppose this action?
If EPA receives comments that oppose
this authorization, EPA will withdraw
this direct final rule by publishing a
document in the Federal Register before
the rule becomes effective. EPA will
base any further decision on the
authorization of the State program
changes on the proposed rule
mentioned in the previous section, after
considering all comments received
during the comment period, and will
address all such comments in a later
final rule. You may not have another
opportunity to comment on these State
program changes. If you want to
comment on this authorization, you
must do so at this time.
If EPA receives comments that oppose
only the authorization of a particular
change to the State hazardous waste
program, EPA will withdraw that part of
this direct final rule, but the
authorization of the program changes
that the comments do not oppose will
become effective on the date specified
above. The Federal Register withdrawal
document will specify which part of the
authorization will become effective, and
which part is being withdrawn.
Federal Register date and page
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206—Nonwastewaters from Dyes and
Pigments.
70 FR 9138 02/24/05 and 70 FR 35032
06/16/05.
Checklist 207—Uniform Hazardous
Waste Manifest Rule.
70 FR 10776 03/04/05 and 70 FR
35034 06/16/05.
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G. What changes is EPA authorizing
with this action?
On March 9, 2010 and January 15,
2013, Tennessee submitted final
complete program revision applications
seeking authorization of its changes in
accordance with 40 CFR 271.21.
Tennessee supplemented these
applications on September 16, 2014.
EPA now makes an immediate final
decision, subject to receipt of written
comments that oppose this action, that
Tennessee’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.
Therefore, EPA grants Tennessee final
authorization for the following program
changes:
Analogous State Authority 1 2
Tennessee Revised Code:
0400–12–01–.02(1)(d)2(xii)(I)–(V);
0400–12–01–.02(4)(c)1–4;
0400–12–01–.02(5) (App. VII & VIII); 0400–12–01–
.10(2)(k)–(t);
0400–12–01–.10(3)(a) (Table of Treatment Standards for
Hazardous Waste); and .10(3)(i)1 (Universal Treatment
Standards Table)
Tennessee Revised Code:
0400–12–01–.01(2)(a);
0400–12–01–.02(1)(g)2(i)(III)I–II;
0400–12–01–.03(3)(a)1(i)–(ii); .03(3)(b)1(a)–(m);
.03(3)(h)1–2;
0400–12–01–.03(4)(c)2; .03(4)(d); .03(4)(e)16(i)–(ii);
0400–12–01–.03(7)(e)3 & 5;
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Description of federal requirement
Federal Register date and page
70 FR 34538 06/14/05 and 70 FR
44150 08/01/05.
209—Universal Waste Rule: Specific
Provisions for Mercury Containing
Equipment.
70 FR 45508 08/05/05 ..........................
211—Wastewater Treatment Exemptions
for Hazardous Waste Mixtures
(‘‘Headworks exemptions’’).
213—Burden Reduction Initiative ............
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208—Methods Innovation Rule and SW–
846 Final Update IIIB.
70 FR 57769 10/04/05 ..........................
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71 FR 16862 04/04/06 ..........................
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Analogous State Authority 1 2
0400–12–01–.03(8)(a)3–5;
0400–12–01–.03(13)(a) (App.);
0400–12–01–.04(3)(a)1–3 & 7(i)–(iv); .04(3)(b)2(i)–(ii);
0400–12–01–.06(5)(a)1–2; .06(5)(b)1(i)–(iii); .06(5)(b)2(iv);
.06(5)(b)5; .06(5)(c)1–5; .06(5)(c)6(i)–(vii); .06(5)(c)7;
.06(5)(g)1–2;
0400–12–01–.05(5)(a)1–2; .05(5)(b)1(i)–(iii); .05(5)(b)2(iv);
.05(5)(b)5; .05(5)(c)1–5; .05(5)(c)6(i)–(vii); .05(5)(c)7; and
.05(5)(g)1–2.
Tennessee Revised Code:
0400–12–01–.01(2)(b)1–2;
0400–12–01–02(1)(c)1(ii)(V);
0400–12–01–.02(3)(b)1(i); .02(3)(c)1(i)–(ii);
0400–12–01–.02(4)(f)2(ii)(III);
0400–12–01–02(5) (App. I–III);
0400–12–01–.06(10)(a)1;
0400–12–01–.06(14)(o)2;
0400–12–01–.06(30)(e)3(i)(II) & (IV); .06(30)(e)4(i)(III);
.06(30)(e)6;
0400–12–01–.06(31)(n)4(ii);
0400–12–01–.06(57)(i) (App. IX);
0400–12–01–.05(10)(a)1;
0400–12–01–.05(14)(o)3;
0400–12–01–.05(27)(e)3(i)(II) & (IV); .05(27)(e)4(i)(III);
.05(27)(e)6;
0400–12–01–.05(28)(n)4(ii);
0400–12–01–.05(29)(b); .05(29)(e)1(iii)(II)III;
.05(29)(e)1(iii)(III); .05(29)(e)2(iii)(II)III; .05(29)(e)2(iii)(III);
.05(29)(e)3(iii)(I);
0400–12–01–.09(8)(a)4(i)(II); .09(8)(a)7(ii); .09(8)(c)2(i);
.09(8)(g)1; .09(8)(m)2(i); .09(8)(m)2(ii)(I);
0400–12–01–.09(30) (App. IX);
0400–12–01–.10(3)(a)2; .10(3)(a) (Table of Treatment
Standards for Hazardous Waste), footnote 7; .10(3)(i)1
(Universal Treatment Standards Table), footnote 4;
0400–12–01–.07(5)(b)5(iii)(I)III–IV; .07(5)(b)8(i)(II)II.B;
0400–12–01–.07(1)(e)2(ii)(I)III–IV; .07(1)(j)3(ii)(I)–II);
0400–12–01–.11(2)(a)2(i)(II);
0400–12–01–.11(5)(e)3;
0400–12–01–.11(6)(d)3; and
0400–12–01–.11(7)(d)3.
Tennessee Revised Code:
0400–12–01–.01(2)(a);
0400–12–01–.02(1)(j);
0400–12–01–.06(1)(b)2(x);
0400–12–01–.05(1)(b)2(xii);
0400–12–01–.10(1)(a)6;
0400–12–01–.07(1)(b)4(ix);
0400–12–01–.12(1)(a); .12(1)(a)1(iii); .12(1)(f)1–3;
.12(1)(b);
0400–12–01–.12(2)(d)3(i)–(iv); .12(2)(e)4(i)–(ii);
0400–12–01–.12(3)(c)2(iv)–(v); .12(3)(d)3(i)–(iv); and
.12(3)(e)4(i)–(ii).
Tennessee Revised Code:
0400–12–01–.02(1)(c)1(ii)(IV)I–II; .02(1)(c)1(ii)(IV)IV; and
.02(1)(c)1(ii)(IV)VI–VII.
Tennessee Revised Code:
0400–12–01–.01(4)(b)2(ii–vii);
0400–12–01–.02(1)(d)1(ix)(III)V; .02(1)(d)6(ix);
0400–12–01–.06(2)(f)2(iv)–(v); .06(2)(g)1(iv);
0400–12–01–.06(4)(c)2; .06(4)(g)9;
0400–12–01–.06(5)(d)2; .06(5)(d)2(i)–(ii), (vi), (viii), (x) &
(xviii)–(xix);
0400–12–01–.06(6)(i)4; .06(6)(i)7(ii)–(iii); .06(6)(j)6–7;
.06(6)(k)7;
0400–12–01–.06(7)(d)5(v); .06(7)(f) & (k);
0400–12–01–.06(8)(d)4(i); .06(8)(f)4(i); .06(8)(n)5;
0400–12–01–.06(9)(e);
0400–12–01–.06(10)(b)1; .06(10)(b)2(v)(II); .06(10)(c)1–2;
.06(10)(d)1(i)–(ii); .06(10)(d)9(ii); .06(10)(f)2–8;
.06(10)(g)6;
0400–12–01–.06(12)(b)3;
0400–12–01–.06(13)(k)2;
0400–12–01–.06(14)(o)1–5;
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Federal Register date and page
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Analogous State Authority 1 2
0400–12–01–.06(15)(d)1(ii); .06(15)(h)4;
0400–12–01–.06(22)(e)3(ii);
0400–12–01–.06(26)(b)1–3; .06(26)(d)1(iv)(II); .06(26)(d)7;
.06(26)(e)1;
0400–12–01–.06(31)(l)2(i)–(ii); .06(31)(m)1;
0400–12–01–.06(33)(a); .06(33)(b)3(ii);
0400–12–01–.05(2)(f)2(iv); .05(2)(g)1(iv);
0400–12–01–.05(4)(c)2; .05(4)(g)9;
0400–12–01–.05(5)(d)2(i)–(ii), (vi)–(viii) & (xv);
0400–12–01–.05(6)(a)4(i) & (iii); .05(6)(d)4(ii) & (v);
0400–12–01–.05(7)(d)5(v); .05(7)(f); .05(7)(k);
0400–12–01–.05(8)(d)3(i); .05(8)(f)3(i); .05(8)(n)5;
0400–12–01–.05(9)(e);
0400–12–01–.05(10)(b)1; .05(10)(b)2(v)(II); .05(10)(c)1 & 2;
.05(10)(d)1(i)–(ii); .05(10)(d)9(ii); .05(10)(f)1–7;
.05(10)(g)6; .05(10)(l)3–8;
0400–12–01–.05(11)(b)1; .05(11)(e)1;
0400–12–01–.05(12)(j)1;
0400–12–01–.05(13)(k)5;
0400–12–01–.05(14)(b)1; .05(14)(d)1; .05(14)(o)1–6;
0400–12–01–.05(23)(b)1–3; .05(23)(d)1(iv)(II); .05(23)(d)7;
.05(23)(e)1;
0400–12–01–.05(28)(l)2(i)–(ii); .05(28)(m)1;
0400–12–01–.05(30)(a); .05(30)(b)3(ii);
0400–12–01–.09(8)(c)5(x); .09(8)(d)4 & 11;
0400–12–01–.10(1)(g)1(i)–(ii); .10(1)(g)2(vi); .10(1)(i)1 & 4;
0400–12–01–.07(5); .07(5)(b)2(i); .07(5)(b)12(iii)(XV); and
0400–12–01–.07(10)(o).
1 The Tennessee provisions for RCRA Cluster XV (Checklists 206, 207, and 208) and Cluster XVI (Checklists 209, 211, and 213) are from the
Tennessee Hazardous Waste Management Regulations, Chapter 0400–12–01, effective November 5, 2013.
2 Chapter 1200–01–11 was renumbered as Chapter 0400–12–01, effective September 17, 2012. The chapter title, ‘‘Hazardous Waste Management,’’ remained the same and the contents of the chapter did not change as a result of the renumbering.
H. Where are the revised State rules
different from the Federal rules?
We consider Tennessee Hazardous
Waste Management Regulations 0400–
12–01–.05(5)(d)2 and –.06(5)(d)2 to be
more stringent than the Federal
counterparts at 40 CFR 265.73(b) and
264.73(b) because the State requires
owners and operators of interim status
and permitted treatment, storage, and
disposal facilities to maintain
information in the facility’s operating
record on site for no less than five (5)
years. The Federal requirements at 40
CFR 265.73(b) and 264.73(b) require that
owners and operators of the same types
of facilities maintain such records for no
less than three (3) years. These five-year
document retention requirements are
part of the Tennessee authorized
program and are federally enforceable.
mstockstill on DSK4VPTVN1PROD with RULES
I. Who handles permits after the
authorization takes effect?
Tennessee 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 this
authorization until they expire or are
terminated. EPA will not issue any more
permits or new portions of permits for
the provisions listed in the Table above
VerDate Sep<11>2014
18:21 Mar 19, 2015
Jkt 235001
after the effective date of this
authorization. EPA will continue to
implement and issue permits for HSWA
requirements for which Tennessee is not
authorized.
J. What is codification and is EPA
codifying Tennessee’s hazardous waste
program as authorized in this rule?
Codification is the process of placing
the State’s statutes and regulations that
comprise the State’s authorized
hazardous waste program into the Code
of Federal Regulations. EPA does this by
referencing the authorized State rules in
40 CFR part 272. EPA is not codifying
the authorization of Tennessee’s
changes at this time. However, EPA
reserves the amendment of 40 CFR part
272, subpart RR, for the authorization of
Tennessee’s program changes at a later
date.
K. Administrative Requirements
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 therefore this action is not subject
to review by OMB. This action
authorizes State requirements for the
purpose of RCRA 3006 and imposes no
additional requirements beyond those
imposed by State law. Accordingly, I
certify that this action will not have a
significant economic impact on a
PO 00000
Frm 00047
Fmt 4700
Sfmt 4700
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.). Because this action
authorizes pre-existing requirements
under State law and does not impose
any additional enforceable duty beyond
that required by State law, it does not
contain any unfunded mandate or
significantly or uniquely affect small
governments, as described in the
Unfunded Mandates Reform Act of 1995
(Pub. L. 104–4). For the same reason,
this action also does not significantly or
uniquely affect the communities of
Tribal governments, as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000). This action will not
have substantial direct effects on the
States, on the relationship between the
national government and the States, or
on the distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999), because it merely
authorizes State requirements as part of
the State RCRA hazardous waste
program without altering the
relationship or the distribution of power
and responsibilities established by
RCRA. This action also is not subject to
Executive Order 13045 (62 FR 19885,
April 23, 1997), because it is not
economically significant and it does not
make decisions based on environmental
E:\FR\FM\20MRR1.SGM
20MRR1
mstockstill on DSK4VPTVN1PROD with RULES
14852
Federal Register / Vol. 80, No. 54 / Friday, March 20, 2015 / Rules and Regulations
health or safety risks. This rule is not
subject to Executive Order 13211,
‘‘Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001) because it is not a significant
regulatory action under Executive Order
12866.
Under RCRA 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
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 issuing
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 the rule in
accordance with the ‘‘Attorney
General’s Supplemental Guidelines for
the Evaluation of Risk and Avoidance of
Unanticipated Takings’’ issued under
the executive order. This rule does not
impose an information collection
burden under the provisions of the
Paperwork Reduction Act of 1995, 44
U.S.C. 3501 et seq.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this document and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication in the Federal Register. A
major rule cannot take effect until 60
days after it is published in the Federal
Register. This action is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2). This
action will be effective May 19, 2015,
unless objections to this authorization
are received.
List of Subjects in 40 CFR Part 271
Environmental protection,
Administrative practice and procedure,
VerDate Sep<11>2014
18:21 Mar 19, 2015
Jkt 235001
Confidential business information,
Hazardous waste, Hazardous waste
transportation, Indian lands,
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: March 2, 2015.
Heather McTeer Toney,
Regional Administrator, Region 4.
[FR Doc. 2015–06512 Filed 3–19–15; 8:45 am]
BILLING CODE 6560–50–P
SUPPLEMENTARY INFORMATION:
Background
GSA published a final rule in the
Federal Register at 79 FR 49640, August
21, 2014, to update the Federal Travel
Regulation (FTR) for Temporary Duty
(TDY) Travel Allowances and
Relocation Allowances (Taxes).
Inadvertently the amendment did not
include the removal of sections §§ 301–
11.621 through 301–11.628, and 301–
11.631 through 301–11.640 in part 301–
11, subpart F. Therefore, GSA is issuing
this amendment correction to the final
rule to further amend the FTR by
removing those sections.
List of Subjects in 41 CFR Part 301–11
GENERAL SERVICES
ADMINISTRATION
41 CFR Part 301–11
Government employees, Income taxes,
Travel and transportation.
[FTR Amendment 2015–01; FTR Case 2015–
301; Docket No. 2009–0013; Sequence
No. 2]
Dated: March 16, 2015.
Giancarlo Brizzi,
Acting Associate Administrator.
RIN 3090–AJ54
Federal Travel Regulation; Temporary
Duty (TDY) Travel Allowances (Taxes);
Relocation Allowances (Taxes);
Technical Amendment
Office of Government-wide
Policy (OGP), General Services
Administration (GSA).
ACTION: Final rule; technical
amendment.
For the reasons set forth in the
preamble, under 5 U.S.C. 5701–5739,
GSA is amending 41 CFR part 301–11 as
set forth below:
PART 301–11—PER DIEM EXPENSES
AGENCY:
General Services
Administration published in the
Federal Register of August 21, 2014, a
document amending the Federal Travel
Regulation (FTR) concerning calculation
of reimbursement for taxes on relocation
and extended temporary duty (TDY)
benefits. Inadvertently, sections
pertaining to Employee Responsibilities
and Agency Responsibilities in subpart
F were not removed. This document
removes those sections.
DATES:
Effective: This rule is effective on
March 20, 2015.
Applicability date: This rule is
applicable for employees who relocated
beginning January 1, 2015.
FOR FURTHER INFORMATION CONTACT: Mr.
Rick Miller, Office of Government-wide
Policy (MAE), U.S. General Services
Administration, at 202–501–3822 or
email at rodney.miller@gsa.gov for
clarification of content. For information
pertaining to status or publication
schedules, contact the Regulatory
Secretariat at 202–501–4755. Please cite
FTR Amendment 2015–01, FTR case
2015–301.
SUMMARY:
PO 00000
Frm 00048
Fmt 4700
Sfmt 9990
1. The authority for part 301–11
continues to read as follows:
■
Authority: 5 U.S.C. 5707.
§§ 301–11.621, 301–11.622, 301–11.623, 301–
11.624, 301–11.625, 301–11.626, 301–11.627,
and 301–11.628 [Removed]
2. Remove the undesignated center
heading ‘‘Employee Responsibilities’’
and §§ 301–11.621 through 301–11.628.
■
§§ 301–11.631, 301–11.632, 301–11.633, 301–
11.634, 301–11.635, 301–11.636, 301–11.637,
301–11.638, 301–11.639, and 301–11.640
[Removed]
3. Remove the undesignated center
heading ‘‘Agency Responsibilities’’ and
§§ 301–11.631 through 301–11.640.
■
[FR Doc. 2015–06400 Filed 3–19–15; 8:45 am]
BILLING CODE 6820–14–P
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]]>Agencies
[Federal Register Volume 80, Number 54 (Friday, March 20, 2015)]
[Rules and Regulations]
[Pages 14847-14852]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-06512]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[EPA-R04-RCRA-2014-0712; FRL-9924-83-Region-4]
Tennessee: Final Authorization of State Hazardous Waste
Management Program Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: Tennessee has applied to the United States Environmental
Protection Agency (EPA) for final authorization of changes to its
hazardous waste program
[[Page 14848]]
under the Resource Conservation and Recovery Act (RCRA). EPA has
determined that these changes satisfy all requirements needed to
qualify for final authorization, and is authorizing the State's changes
through this direct final rule. In the ``Proposed Rules'' section of
this issue of the Federal Register, EPA is also publishing a separate
document that serves as the proposal to authorize these changes. EPA
believes this action is not controversial and does not expect comments
that oppose it. Unless EPA receives written comments that oppose this
authorization during the comment period, the decision to authorize
Tennessee's changes to its hazardous waste program will take effect. If
EPA receives comments that oppose this action, EPA will publish a
document in the Federal Register withdrawing this direct final rule
before it takes effect, and the separate document published in the
``Proposed Rules'' section of this issue of the Federal Register will
serve as the proposal to authorize the changes.
DATES: This final authorization will become effective on May 19, 2015
unless EPA receives adverse written comment by April 20, 2015. If EPA
receives such comment, EPA will publish a timely withdrawal of this
direct final rule in the Federal Register and inform the public that
this authorization will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
RCRA-2014-0712, by one of the following methods:
Federal eRulemaking Portal: www.regulations.gov. Follow
the on-line instructions for submitting comments.
Email: merizalde.carlos@epa.gov.
Fax: (404) 562-9964 (prior to faxing, please notify the
EPA contact listed below).
Mail: Send written comments to Carlos E. Merizalde, RCRA
Corrective Action and Permitting Section, RCRA Cleanup and Brownfields
Branch, Resource Conservation and Restoration Division, U.S.
Environmental Protection Agency, Atlanta Federal Center, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-8960.
Hand Delivery or Courier: Deliver your comments to Carlos
E. Merizalde, RCRA Corrective Action and Permitting Section, RCRA
Cleanup and Brownfields Branch, Resource Conservation and Restoration
Division, U.S. Environmental Protection Agency, Atlanta Federal Center,
61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Such deliveries are
only accepted during the Regional Office's normal hours of operation,
and special arrangements should be made for deliveries of boxed
information.
Instructions: EPA must receive your comments by April 20, 2015.
Direct your comments to Docket ID No. EPA-R04-RCRA-2014-0712. EPA's
policy is that all comments received will be included in the public
docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI), or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov, your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made publicly available
on the Internet. If you submit an electronic comment, EPA recommends
that you include your name and other contact information in the body of
your comment and with any disk or CD-ROM you submit. If EPA cannot read
your comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. (For additional
information about EPA's public docket, visit the EPA Docket Center
homepage at www.epa.gov/epahome/dockets.htm).
Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov, or in hard copy.
You may view and copy Tennessee's applications and associated
publicly available materials from 8 a.m. to 4 p.m. at the following
locations: EPA, Region 4, Resource Conservation and Restoration
Division, Atlanta Federal Center, 61 Forsyth Street SW., Atlanta,
Georgia 30303-8960; telephone number: (404) 562-8512; and the Tennessee
Department of Environment and Conservation, Division of Solid Waste
Management, William R. Snodgrass Tennessee Tower, 312 Rosa L. Parks
Avenue, 14th Floor, Nashville, Tennessee; telephone number: (615) 532-
0825. Interested persons wanting to examine these documents should make
an appointment with the office at least a week in advance.
FOR FURTHER INFORMATION CONTACT: Carlos E. Merizalde, RCRA Corrective
Action and Permitting Section, RCRA Cleanup and Brownfields Branch,
Resource Conservation and Restoration Division, U.S. Environmental
Protection Agency, Atlanta Federal Center, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303-8960; telephone number: (404) 562-8606; fax
number: (404) 562-9964; email address: merizalde.carlos@epa.gov.
SUPPLEMENTARY INFORMATION:
A. Why are revisions to state programs necessary?
States which 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.
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 will
implement those requirements and prohibitions in Tennessee, including
the issuance of new permits implementing those requirements, until the
State is granted authorization to do so.
B. What decisions has EPA made in this rule?
On March 9, 2010 and January 15, 2013, Tennessee submitted final
complete program revision applications seeking authorization of changes
to its hazardous waste program that correspond to certain Federal rules
promulgated between July 1, 2004 and June 30, 2006 (also known as RCRA
Clusters XV and XVI). Tennessee
[[Page 14849]]
supplemented these applications on September 16, 2014. EPA concludes
that Tennessee's applications to revise its authorized program meet 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 grants Tennessee final authorization to operate its
hazardous waste program with the changes described in the authorization
applications, and as outlined below in Section G of this document.
Tennessee 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 applications,
subject to the limitations of HSWA, as discussed above.
C. What is the effect of this authorization decision?
The effect of this decision is that the changes described in
Tennessee's authorization applications will become part of the
authorized State hazardous waste program, and will therefore be
federally enforceable. Tennessee will continue to have primary
enforcement authority and responsibility for its State hazardous waste
program. EPA retains 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 does not impose additional requirements on the
regulated community because the regulations for which Tennessee is
being authorized by this action are already effective and enforceable
requirements under State law, and are not changed by this action.
D. Why wasn't there a proposed rule before this rule?
Along with this direct final rule, EPA is publishing a separate
document in the ``Proposed Rules'' section of this issue of the Federal
Register that serves as the proposal to authorize these State program
changes. EPA did not publish a proposed rule before today because EPA
views this as a routine program change and does not expect comments
that oppose this approval. EPA is providing an opportunity for public
comment now, as described in Section E of this document.
E. What happens if EPA receives comments that oppose this action?
If EPA receives comments that oppose this authorization, EPA will
withdraw this direct final rule by publishing a document in the Federal
Register before the rule becomes effective. EPA will base any further
decision on the authorization of the State program changes on the
proposed rule mentioned in the previous section, after considering all
comments received during the comment period, and will address all such
comments in a later final rule. You may not have another opportunity to
comment on these State program changes. If you want to comment on this
authorization, you must do so at this time.
If EPA receives comments that oppose only the authorization of a
particular change to the State hazardous waste program, EPA will
withdraw that part of this direct final rule, but the authorization of
the program changes that the comments do not oppose will become
effective on the date specified above. The Federal Register withdrawal
document will specify which part of the authorization will become
effective, and which part is being withdrawn.
F. What has Tennessee previously been authorized for?
Tennessee initially received final authorization on January 22,
1985, effective February 5, 1985 (50 FR 2820), to implement a RCRA
hazardous waste management program. EPA granted authorization for
changes to Tennessee's program on the following dates: June 12, 1987,
effective August 11, 1987 (52 FR 22443); June 1, 1992, effective July
31, 1992 (57 FR 23063); May 8, 1995, effective July 7, 1995 (60 FR
22524); August 24, 1995, effective October 23, 1995 (60 FR 43979); May
23, 1996, effective July 22, 1996 (61 FR 25796); January 30, 1998,
effective March 31, 1998 (63 FR 4587); September 15, 1999, effective
November 15, 1999 (64 FR 49998); October 26, 2000, effective December
26, 2000 (65 FR 64161); December 26, 2001, effective February 25, 2002
(66 FR 66342); April 11, 2003, effective June 10, 2003 (68 FR 17748);
March 14, 2005, effective May 13, 2005 (70 FR 12416); May 11, 2006,
effective July 10, 2006 (71 FR 27405); and October 5, 2012, effective
December 4, 2012 (77 FR 60919).
G. What changes is EPA authorizing with this action?
On March 9, 2010 and January 15, 2013, Tennessee submitted final
complete program revision applications seeking authorization of its
changes in accordance with 40 CFR 271.21. Tennessee supplemented these
applications on September 16, 2014. EPA now makes an immediate final
decision, subject to receipt of written comments that oppose this
action, that Tennessee'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. Therefore, EPA grants Tennessee final
authorization for the following program changes:
----------------------------------------------------------------------------------------------------------------
Description of federal requirement Federal Register date and page Analogous State Authority 1 2
----------------------------------------------------------------------------------------------------------------
206--Nonwastewaters from Dyes and 70 FR 9138 02/24/05 and 70 FR Tennessee Revised Code:
Pigments. 35032 06/16/05. 0400-12-01-.02(1)(d)2(xii)(I)-(V);
0400-12-01-.02(4)(c)1-4;
0400-12-01-.02(5) (App. VII & VIII);
0400-12-01-.10(2)(k)-(t);
0400-12-01-.10(3)(a) (Table of Treatment
Standards for Hazardous Waste); and
.10(3)(i)1 (Universal Treatment
Standards Table)
Checklist 207--Uniform Hazardous Waste 70 FR 10776 03/04/05 and 70 FR Tennessee Revised Code:
Manifest Rule. 35034 06/16/05. 0400-12-01-.01(2)(a);
0400-12-01-.02(1)(g)2(i)(III)I-II;
0400-12-01-.03(3)(a)1(i)-(ii);
.03(3)(b)1(a)-(m); .03(3)(h)1-2;
0400-12-01-.03(4)(c)2; .03(4)(d);
.03(4)(e)16(i)-(ii);
0400-12-01-.03(7)(e)3 & 5;
[[Page 14850]]
0400-12-01-.03(8)(a)3-5;
0400-12-01-.03(13)(a) (App.);
0400-12-01-.04(3)(a)1-3 & 7(i)-(iv);
.04(3)(b)2(i)-(ii);
0400-12-01-.06(5)(a)1-2; .06(5)(b)1(i)-
(iii); .06(5)(b)2(iv); .06(5)(b)5;
.06(5)(c)1-5; .06(5)(c)6(i)-(vii);
.06(5)(c)7; .06(5)(g)1-2;
0400-12-01-.05(5)(a)1-2; .05(5)(b)1(i)-
(iii); .05(5)(b)2(iv); .05(5)(b)5;
.05(5)(c)1-5; .05(5)(c)6(i)-(vii);
.05(5)(c)7; and .05(5)(g)1-2.
208--Methods Innovation Rule and SW- 70 FR 34538 06/14/05 and 70 FR Tennessee Revised Code:
846 Final Update IIIB. 44150 08/01/05. 0400-12-01-.01(2)(b)1-2;
0400-12-01-02(1)(c)1(ii)(V);
0400-12-01-.02(3)(b)1(i); .02(3)(c)1(i)-
(ii);
0400-12-01-.02(4)(f)2(ii)(III);
0400-12-01-02(5) (App. I-III);
0400-12-01-.06(10)(a)1;
0400-12-01-.06(14)(o)2;
0400-12-01-.06(30)(e)3(i)(II) & (IV);
.06(30)(e)4(i)(III); .06(30)(e)6;
0400-12-01-.06(31)(n)4(ii);
0400-12-01-.06(57)(i) (App. IX);
0400-12-01-.05(10)(a)1;
0400-12-01-.05(14)(o)3;
0400-12-01-.05(27)(e)3(i)(II) & (IV);
.05(27)(e)4(i)(III); .05(27)(e)6;
0400-12-01-.05(28)(n)4(ii);
0400-12-01-.05(29)(b);
.05(29)(e)1(iii)(II)III;
.05(29)(e)1(iii)(III);
.05(29)(e)2(iii)(II)III;
.05(29)(e)2(iii)(III);
.05(29)(e)3(iii)(I);
0400-12-01-.09(8)(a)4(i)(II);
.09(8)(a)7(ii); .09(8)(c)2(i);
.09(8)(g)1; .09(8)(m)2(i);
.09(8)(m)2(ii)(I);
0400-12-01-.09(30) (App. IX);
0400-12-01-.10(3)(a)2; .10(3)(a) (Table
of Treatment Standards for Hazardous
Waste), footnote 7; .10(3)(i)1
(Universal Treatment Standards Table),
footnote 4;
0400-12-01-.07(5)(b)5(iii)(I)III-IV;
.07(5)(b)8(i)(II)II.B;
0400-12-01-.07(1)(e)2(ii)(I)III-IV;
.07(1)(j)3(ii)(I)-II);
0400-12-01-.11(2)(a)2(i)(II);
0400-12-01-.11(5)(e)3;
0400-12-01-.11(6)(d)3; and
0400-12-01-.11(7)(d)3.
209--Universal Waste Rule: Specific 70 FR 45508 08/05/05.......... Tennessee Revised Code:
Provisions for Mercury Containing 0400-12-01-.01(2)(a);
Equipment. 0400-12-01-.02(1)(j);
0400-12-01-.06(1)(b)2(x);
0400-12-01-.05(1)(b)2(xii);
0400-12-01-.10(1)(a)6;
0400-12-01-.07(1)(b)4(ix);
0400-12-01-.12(1)(a); .12(1)(a)1(iii);
.12(1)(f)1-3; .12(1)(b);
0400-12-01-.12(2)(d)3(i)-(iv);
.12(2)(e)4(i)-(ii);
0400-12-01-.12(3)(c)2(iv)-(v);
.12(3)(d)3(i)-(iv); and .12(3)(e)4(i)-
(ii).
211--Wastewater Treatment Exemptions 70 FR 57769 10/04/05.......... Tennessee Revised Code:
for Hazardous Waste Mixtures 0400-12-01-.02(1)(c)1(ii)(IV)I-II;
(``Headworks exemptions''). .02(1)(c)1(ii)(IV)IV; and
.02(1)(c)1(ii)(IV)VI-VII.
213--Burden Reduction Initiative...... 71 FR 16862 04/04/06.......... Tennessee Revised Code:
0400-12-01-.01(4)(b)2(ii-vii);
0400-12-01-.02(1)(d)1(ix)(III)V;
.02(1)(d)6(ix);
0400-12-01-.06(2)(f)2(iv)-(v);
.06(2)(g)1(iv);
0400-12-01-.06(4)(c)2; .06(4)(g)9;
0400-12-01-.06(5)(d)2; .06(5)(d)2(i)-
(ii), (vi), (viii), (x) & (xviii)-
(xix);
0400-12-01-.06(6)(i)4; .06(6)(i)7(ii)-
(iii); .06(6)(j)6-7; .06(6)(k)7;
0400-12-01-.06(7)(d)5(v); .06(7)(f) &
(k);
0400-12-01-.06(8)(d)4(i); .06(8)(f)4(i);
.06(8)(n)5;
0400-12-01-.06(9)(e);
0400-12-01-.06(10)(b)1;
.06(10)(b)2(v)(II); .06(10)(c)1-2;
.06(10)(d)1(i)-(ii); .06(10)(d)9(ii);
.06(10)(f)2-8; .06(10)(g)6;
0400-12-01-.06(12)(b)3;
0400-12-01-.06(13)(k)2;
0400-12-01-.06(14)(o)1-5;
[[Page 14851]]
0400-12-01-.06(15)(d)1(ii); .06(15)(h)4;
0400-12-01-.06(22)(e)3(ii);
0400-12-01-.06(26)(b)1-3;
.06(26)(d)1(iv)(II); .06(26)(d)7;
.06(26)(e)1;
0400-12-01-.06(31)(l)2(i)-(ii);
.06(31)(m)1;
0400-12-01-.06(33)(a); .06(33)(b)3(ii);
0400-12-01-.05(2)(f)2(iv);
.05(2)(g)1(iv);
0400-12-01-.05(4)(c)2; .05(4)(g)9;
0400-12-01-.05(5)(d)2(i)-(ii), (vi)-
(viii) & (xv);
0400-12-01-.05(6)(a)4(i) & (iii);
.05(6)(d)4(ii) & (v);
0400-12-01-.05(7)(d)5(v); .05(7)(f);
.05(7)(k);
0400-12-01-.05(8)(d)3(i); .05(8)(f)3(i);
.05(8)(n)5;
0400-12-01-.05(9)(e);
0400-12-01-.05(10)(b)1;
.05(10)(b)2(v)(II); .05(10)(c)1 & 2;
.05(10)(d)1(i)-(ii); .05(10)(d)9(ii);
.05(10)(f)1-7; .05(10)(g)6; .05(10)(l)3-
8;
0400-12-01-.05(11)(b)1; .05(11)(e)1;
0400-12-01-.05(12)(j)1;
0400-12-01-.05(13)(k)5;
0400-12-01-.05(14)(b)1; .05(14)(d)1;
.05(14)(o)1-6;
0400-12-01-.05(23)(b)1-3;
.05(23)(d)1(iv)(II); .05(23)(d)7;
.05(23)(e)1;
0400-12-01-.05(28)(l)2(i)-(ii);
.05(28)(m)1;
0400-12-01-.05(30)(a); .05(30)(b)3(ii);
0400-12-01-.09(8)(c)5(x); .09(8)(d)4 &
11;
0400-12-01-.10(1)(g)1(i)-(ii);
.10(1)(g)2(vi); .10(1)(i)1 & 4;
0400-12-01-.07(5); .07(5)(b)2(i);
.07(5)(b)12(iii)(XV); and
0400-12-01-.07(10)(o).
----------------------------------------------------------------------------------------------------------------
\1\ The Tennessee provisions for RCRA Cluster XV (Checklists 206, 207, and 208) and Cluster XVI (Checklists 209,
211, and 213) are from the Tennessee Hazardous Waste Management Regulations, Chapter 0400-12-01, effective
November 5, 2013.
\2\ Chapter 1200-01-11 was renumbered as Chapter 0400-12-01, effective September 17, 2012. The chapter title,
``Hazardous Waste Management,'' remained the same and the contents of the chapter did not change as a result
of the renumbering.
H. Where are the revised State rules different from the Federal rules?
We consider Tennessee Hazardous Waste Management Regulations 0400-
12-01-.05(5)(d)2 and -.06(5)(d)2 to be more stringent than the Federal
counterparts at 40 CFR 265.73(b) and 264.73(b) because the State
requires owners and operators of interim status and permitted
treatment, storage, and disposal facilities to maintain information in
the facility's operating record on site for no less than five (5)
years. The Federal requirements at 40 CFR 265.73(b) and 264.73(b)
require that owners and operators of the same types of facilities
maintain such records for no less than three (3) years. These five-year
document retention requirements are part of the Tennessee authorized
program and are federally enforceable.
I. Who handles permits after the authorization takes effect?
Tennessee 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 this authorization
until they expire or are terminated. EPA will not issue any more
permits or new portions of permits for the provisions listed in the
Table above after the effective date of this authorization. EPA will
continue to implement and issue permits for HSWA requirements for which
Tennessee is not authorized.
J. What is codification and is EPA codifying Tennessee's hazardous
waste program as authorized in this rule?
Codification is the process of placing the State's statutes and
regulations that comprise the State's authorized hazardous waste
program into the Code of Federal Regulations. EPA does this by
referencing the authorized State rules in 40 CFR part 272. EPA is not
codifying the authorization of Tennessee's changes at this time.
However, EPA reserves the amendment of 40 CFR part 272, subpart RR, for
the authorization of Tennessee's program changes at a later date.
K. Administrative Requirements
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 therefore this action is not subject to review by OMB. This
action authorizes State requirements for the purpose of RCRA 3006 and
imposes no additional requirements beyond those imposed by State law.
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
authorizes pre-existing requirements under State law and does not
impose any additional enforceable duty beyond that required by State
law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4). For the same reason, this
action also does not significantly or uniquely affect the communities
of Tribal governments, as specified by Executive Order 13175 (65 FR
67249, November 9, 2000). This action will not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government, as specified
in Executive Order 13132 (64 FR 43255, August 10, 1999), because it
merely authorizes State requirements as part of the State RCRA
hazardous waste program without altering the relationship or the
distribution of power and responsibilities established by RCRA. This
action also is not subject to Executive Order 13045 (62 FR 19885, April
23, 1997), because it is not economically significant and it does not
make decisions based on environmental
[[Page 14852]]
health or safety risks. This rule is not subject to Executive Order
13211, ``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001)
because it is not a significant regulatory action under Executive Order
12866.
Under RCRA 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
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 issuing 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 the rule in accordance with the ``Attorney
General's Supplemental Guidelines for the Evaluation of Risk and
Avoidance of Unanticipated Takings'' issued under the executive order.
This rule does not impose an information collection burden under the
provisions of the Paperwork Reduction Act of 1995, 44 U.S.C. 3501 et
seq.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this document and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication in the Federal Register. A major rule cannot take effect
until 60 days after it is published in the Federal Register. This
action is not a ``major rule'' as defined by 5 U.S.C. 804(2). This
action will be effective May 19, 2015, unless objections to this
authorization are received.
List of Subjects in 40 CFR Part 271
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous waste, Hazardous waste
transportation, Indian lands, Intergovernmental relations, Penalties,
Reporting and recordkeeping requirements.
Authority: This 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: March 2, 2015.
Heather McTeer Toney,
Regional Administrator, Region 4.
[FR Doc. 2015-06512 Filed 3-19-15; 8:45 am]
BILLING CODE 6560-50-P
