Alabama: Final Authorization of State Hazardous Waste Management Program Revisions, 14327-14332 [2017-05464]
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Federal Register / Vol. 82, No. 52 / Monday, March 20, 2017 / Rules and Regulations
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
The EPA interprets Executive Order
13045 as applying only to those
regulatory actions that concern
environmental health or safety risks that
the EPA has reason to believe may
disproportionately affect children, per
the definition of ‘‘covered regulatory
action’’ in section 2–202 of the
Executive Order. This action is not
subject to Executive Order 13045
because it does not concern an
environmental health risk or safety risk.
H. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
This action is not subject to Executive
Order 13211 because it is not a
significant regulatory action under
Executive Order 12866.
I. National Technology Transfer and
Advancement Act
This rulemaking does not involve
technical standards.
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J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
The EPA believes that this action is
not subject to Executive Order 12898 (59
FR 7629, February 16, 1994) because it
does not establish an environmental
health or safety standard. This
regulatory action is a technical
correction to a previously promulgated
regulatory action and does not have any
impact on human health or the
environment.
K. Congressional Review Act
This action is subject to the CRA, and
the EPA will submit a rule report to
each House of the Congress and to the
Comptroller General of the United
States. This action is not ‘‘major rule’’
as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 50
Air pollution control, Carbon
monoxide, Lead, Nitrogen dioxide,
Ozone, Particulate matter, Sulfur oxides.
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Dated: March 14, 2017.
E. Scott Pruitt,
Administrator.
For the reasons stated in the
preamble, title 40, chapter I of the Code
of Federal Regulations is amended as
follows:
PART 50—NATIONAL PRIMARY AND
SECONDARY AMBIENT AIR QUALITY
STANDARDS
1. The authority citation for part 50
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
2. In appendix N to part 50, in section
4.4, paragraph (b), Equation 2 is revised
to read as follows:
■
Appendix N to Part 50—Interpretation
of the National Ambient Air Quality
Standards for PM2.5
*
*
4.4
*
*
*
*
Equations for the Annual PM2.5 NAAQS
*
*
*
*
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
today’s 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
Alabama’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
today’s direct final rule before it takes
effect, and the separate document
published in today’s ‘‘Proposed Rules’’
section of this Federal Register will
serve as the proposal to authorize the
changes.
This final authorization will
become effective on May 19, 2017
unless EPA receives adverse written
comment by April 19, 2017. 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–
Where:
RCRA–2016–0497, by one of the
Xy = the annual mean concentration for year
following methods:
y (y = 1, 2, or 3);
nQ,y = the number of quarters Q in year y with
• Federal eRulemaking Portal:
at least one daily value; and
www.regulations.gov. Follow the on-line
Xq,y = the mean for quarter q of year y (result
instructions for submitting comments.
of equation 1).
• Email: baker.audrey@epa.gov.
*
*
*
*
*
• Fax: (404) 562–9964 (prior to
[FR Doc. 2017–05474 Filed 3–17–17; 8:45 am]
faxing, please notify the EPA contact
BILLING CODE 6560–50–P
listed below).
• Mail: Send written comments to
Audrey Baker, RCRA Programs and
ENVIRONMENTAL PROTECTION
Materials Management Section,
AGENCY
Materials and Waste Management
Branch, Resource Conservation and
40 CFR Part 271
Restoration Division, U.S.
[EPA–R04–RCRA–2016–0497; FRL–9959–
Environmental Protection Agency,
14–Region 4]
Atlanta Federal Center, 61 Forsyth
Street SW., Atlanta, Georgia 30303–
Alabama: Final Authorization of State
8960.
Hazardous Waste Management
• Hand Delivery or Courier: Deliver
Program Revisions
your comments to Audrey Baker, RCRA
Programs and Materials Management
AGENCY: Environmental Protection
Section, Materials and Waste
Agency (EPA).
Management Branch, Resource
ACTION: Direct final rule.
Conservation and Restoration Division,
U.S. Environmental Protection Agency,
SUMMARY: Alabama has applied to the
United States Environmental Protection Atlanta Federal Center, 61 Forsyth
Street SW., Atlanta, Georgia 30303–
Agency (EPA) for final authorization of
changes to its hazardous waste program 8960. Such deliveries are only accepted
during the Regional Office’s normal
under the Resource Conservation and
hours of operation, and special
Recovery Act (RCRA). EPA has
(b) * * *
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F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This action does not have tribal
implications, as specified in Executive
Order 13175. This regulatory action
corrects the calculation of annual mean
PM2.5 concentrations and imposes no
requirements on tribal governments.
Thus, Executive Order 13175 does not
apply to this action.
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arrangements should be made for
deliveries of boxed information.
Instructions: EPA must receive your
comments by April 19, 2017. Direct
your comments to Docket ID No. EPA–
R04–RCRA–2016–0497. 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 at
www.regulations.gov, or in hard copy.
You may view and copy Alabama’s
applications and associated publicly
available materials from 8:00 a.m. to
4:00 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) 562–8483; and the
Alabama Department of Environmental
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Management, 1400 Coliseum Boulevard,
Montgomery, Alabama 36110–2059;
telephone number: (334) 271–7700.
Interested persons wanting to examine
these documents should make an
appointment with the office at least a
week in advance.
FOR FURTHER INFORMATION CONTACT:
Audrey Baker, RCRA Programs and
Materials Management Section,
Materials and Waste Management
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–
8483; fax number: (404) 562–9964;
email address: baker.audrey@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 Alabama, 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 July 20, 2015 and August 15, 2016,
Alabama 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, 2006
through June 30, 2008, and July 1, 2011
through June 30, 2014 (also known as
RCRA Clusters XVII through XVIII, and
XXII through XXIII). EPA concludes that
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Alabama’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 Alabama 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.
Alabama has responsibility for
permitting treatment, storage, and
disposal facilities within its borders
(except in Indian Country) 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 Alabama’s
authorization applications will become
part of the authorized State hazardous
waste program, and will therefore be
federally enforceable. Alabama 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 Alabama is being
authorized by today’s action are already
effective and enforceable requirements
under State law, and are not changed by
today’s action.
D. Why wasn’t there a proposed rule
before today’s rule?
Along with this direct final rule, EPA
is publishing a separate document in the
‘‘Proposed Rules’’ section of today’s
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.
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E. What happens if EPA receives
comments that oppose this action?
If EPA receives comments that oppose
this authorization, EPA will withdraw
today’s 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
today’s 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 Alabama previously been
authorized for?
Alabama initially received final
authorization on December 8, 1987,
effective December 22, 1987 (52 FR
46466), to implement a hazardous waste
management program. EPA granted
authorization for changes to Alabama’s
program on the following dates:
November 29, 1991, effective January
28, 1992 (56 FR 60926); May 13, 1992,
effective July 12, 1992 (57 FR 20422);
October 21, 1992, effective December
21, 1992 (57 FR 47996); March 17, 1993,
effective May 17, 1993 (58 FR 20422);
September 24, 1993, effective November
23, 1993 (58 FR 49932); February 1,
1994, effective April 4, 1994 (59 FR
4594); November 14, 1994, effective
January 13, 1995 (59 FR 56407); August
14, 1995, effective October 13, 1995 (60
FR 41818); February 14, 1996, effective
April 15, 1996 (61 FR 5718); April 25,
1996, effective June 24, 1996 (61 FR
5718); November 21, 1997, effective
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February 10, 1998 (62 FR 62262);
December 20, 2000, effective February
20, 2001 (65 FR 79769); March 15, 2005,
effective May 16, 2005 (70 FR 12593);
June 2, 2005, effective August 1, 2005
(70 FR 32247); September 13, 2006,
effective November 13, 2006 (71 FR
53989); and April 2, 2008, effective June
2, 2008 (73 FR 17924).
G. What changes is EPA authorizing
with this action?
On July 20, 2015 and August 15, 2016,
Alabama submitted final complete
program revision applications seeking
authorization of its changes in
accordance with 40 CFR 271.21. EPA
now makes an immediate final decision,
subject to receipt of written comments
that oppose this action, that Alabama’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 Alabama final authorization for
the following program changes:
Federal
Register date and page
Analogous state authority 1
Checklist 214, Corrections to Errors
in the Code of Federal Regulations.
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Description of Federal requirement
71 FR 40254 7/14/06 .........
335–14–1–.02(117)(b); –02(167); –.02(178); –.02(180); –.02(196);
–.02(205); –.02(266); –.02(273);
335–14–1–.03(2)(a)1.; –.03(2)(d)1.(ii); –.03(20)(a); –.03(21);
335–14–2–.01(2)(c)1.(i); –.01(3)(a)2.(i); –.01(4)(a)20.(v); –.01(4)(b)6.(i)(II);
–.01(4)(b)6.(ii); –.01(4)(b)6.(ii)(IV)–(V); –.01(4)(b)9.; –.01(4)(e)2.(vi);
–.01(4)(e)3.(i); –.01(6)(a)2.(ii)–(iv); –.01(6)(c)2.;
335–14–2–.03(2)(a)3.; –.03(2)(a)3.(i)–(ii); –.03(2)(a)3.(ii)(I)–(IV);
–.03(2)(a)4.; –.03(2)(a)4.(i); –.03(2)(a)4.(i)(I)–(IV); –.03(2)(a)4.(i)(IV) Notes
1–4; –.03(5)(b);
335–14–2–.04(2)(a)/Table; –.04(3)(a)/Table ‘‘K107’’ and ‘‘K069’’ entries;
–.04(4)(e); –.04(4)(e)/Comment; –.04(4)(e)/Table; –.04(4)(f); –.04(4)(f)/
Table;
335–14–2 Appendices VII–VIII;
335–14–3–.03(5)(a)1.(iv);
335–14–3–.05(4)(b); –.05(7)(b); –.05(9)(a)1.;
335–14–3–.07(1);
335–14–3–.09(3)(a)1.(ii); –.09(4)(b)1.(i); –.09(4)(b)2.(i); –.09(5)(e);
–.09(8)(a); –.09(8)(a)5.;
335–14–5–.01(1)(g)2.; –.01(4);
335–14–5–.02(4)(b)7.(iii)(II); –.02(8)(b); –.02(9)(b)2.(iii);
335–14–5–.06(8)(a)1.; –.06(8)(a)1.(i); –.06(8)(i)5.; –.06(9)(a)2.;
–.06(9)(g)4.(i); –.06(10)(h)2.; –.06(12)(d);
335–14–5–.07(2)(c); –.07(3)(b)8.; –.07(6)–(7); –.07(9)(c); –.07(10)(b)1.(ii);
335–14–5–.08(1)(c); –.08(3)(b)2.; –.08(4)(b)7.; –.08(4)(b)8.; –.08(4)(e)5.;
–.08(6)(a)3.(i); –.08(6)(d)6.; –.08(6)(f)11.; –.08(8)(h)1.; –.08(12)(b);
–.08(12)(f); –.08(12)(g) Letter From Chief Financial Officer; –.08(12)(h)2.
Guarantee For Liability Coverage; –.08(12)(h)2. Recitals, Item 13(a) Certification of Valid Claim; –.08(12)(h)2. Recitals, Item 14; –.08(12)(i) Hazardous Waste Facility Liability Endorsement, Item 2(e); –.08(12)(j) Hazardous Waste Facility Certificate of Liability Insurance, Item 2(d);
–.08(12)(k) Irrevocable Standby Letter of Credit; –.08(12)(k) Certificate of
Valid Claim; –.08(12)(l); –.08(12)(l) Certification of Valid Claim;
–.08(12)(m) Trust Agreement, Section 8(c); –.08(12)(n)1. Standby Trust
Agreement, Sections 3(c)(1), 3(e)(3), 12, and 16;
335–14–5–.09(6)(b)1.;
335–14–5–.10(4)(c)4. Note; –.10(4)(d)4.; –.10(4)(e)2.(ii)–(iii);
–.10(4)(e)2.(v)(I)–(II); –.10(4)(e)3.(i)–(ii); –.10(4)(g)1.(iii)–(iv);
–.10(4)(g)2.(i)(I);
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Description of Federal requirement
Federal
Register date and page
Analogous state authority 1
335–14–5–.11(2)(c)1.(i)(II); –.11(2)(c)2.(ii); –.11(2)(e)1.; –.11(2)(e)2.(i)(II)–
(III); –.11(4)(b)1.; –.11(7)(a)2.;
335–14–5–.12(2)(a)2.(i)((I); –.12(3)(a)–(b); –.12(10)(b);
335–14–5–.13(11)(c)7.; –.13(11)(d); –.13(14)(a);
335–14–5–.14(2)(b)2.; –.14(3)(a); –.14(3)(b); –.14(5)(b)1.; –.14(15)(f)2.;
–.14(18)(a);
335–14–5–.15(5)(b);
335–14–5–.19(3)(e)4.(iii); –.19(3)(e)4.(iv)(VI); –.19(3)(e)6.(iii)(V);
–.19(4)(e); –.19(5)(a); –.19(6)(e)6.;
335–14–5–.23(4)(a)1.; –.23(4)(a)4.(i); –.23(4)(a)5.; –.23(4)(b);
–.23(4)(m)2.; –.23(4)(m)3.;
335–14–5–.24(1); –.24(2)(a); –.24(2)(b)11.; –.24(2)(c)4.;
335–14–5–.27(1); –.27(4)–(6);
335–14–5–.28(1); –.28(9); –.28(15);
335–14–5–.29(1); –.29(11);
335–14–5–.30(2)(b)3.(iii); –.30(2)(c)3.; –.30(2)(c)3.(i); –.30(2)(d);
–.30(3)(a);
335–14–5–Appendix I/Table 1 and Table 2(d);
335–14–6–.01(1)(c)4.; –.01(1)(c)6.;
335–14–6–.02(3)(a)1.; –.02(5)(b)1.; –.02(7)(b); –.02(10)(c)2.;
335–14–6–.04(7)(b);
335–14–6–.06(1)(d);
335–14–6–.07(1)(b)4.; –.07(2)(c); –.07(3)(b)5.; –.07(3)(d)4.(iii)–(iv);
–.07(4)(b); –.07(4)(e)4.; –.07(8)(b); –.07(10)(b)1.(ii);
335–14–6–.08(1)(b); –.08(1)(b)2.; –.08(3)(a); –.08(6)(e)11.; –.08(8)(a)1.(i);
–.08(8)(b)1.(i)–(ii);
335–14–6–.09(5);
335–14–6–.10(4)(e)2.(v)(I)–(II); –.10(4)(i)2.; –.10(5)(b)1.; –.10(5)(b)2.;
335–14–6–.10(8)(b); –.10(12)(c);
335–14–6–.11(2)(d)2.(i)(I)–(II); –.11(5)(b)1.; –.11(9)(a)2.(iii)(IV);
–.11(9)(b)2.; –.11(10)(b)2.; –.11(10)(b)3.;
335–14–6–.12(6)(b); –.12(10)(b)1.;
335–14–6–.13(11)(a)4.; –.13(12)(a)1.;
335–14–6–.14(2)(a); –.14(2)(d); –.14(3)(b); –.14(4)(b)1.; –.14(13)(a)1.;
–.14(15)(f)1.(ii); –.14(15)(g)2.; –.14(17); –.14(17)(c)–(d);
335–14–6–.17(6)(a)1.(i);
335–14–6–.23(2)(c); –.23(4)(a)4.(i); –.23(4)(b); –.23(6)(b);
335–14–6–.27(4); –.27(6);
335–14–6–.28(14);
335–14–6–.29(1); –.29(6); –.29(8); –.29(11);
335–14–6–.30(1)(d); –.30(2)(b)3.(i)(II); –.30(2)(b)3.(iii); –.30(2)(c)3.;
–.30(2)(d);
335–14–6–Appendix I/Tables 1 and 2;
335–14–6–Appendix V/Table;
335–14–6–Appendix VI;
335–14–7–.06(1)(a);
335–14–7–.07(1)(a)/Table;
335–14–7–.08(1); –.08(3)–(4); –.08(7); –.08(10);
335–14–7–.14 heading;
335–14–7–Appendices III–VII, IX, and XIII;
335–14–8–.01(1)(a)2.; –.01(1)(b); –.01(1)(c)1.; –.01(1)(c)3.(i);
335–14–8–.02(1)(j)1.; –.02(2)(d)1.; –.02(2)(d)2.; –.02(4)(k)7.; –.02(5)(a);
–.02(5)(b)11.(ii); –.02(5)(b)19.(iii); –.02(5)(b)21.; –.02(8)(f); –.02(9)(b);
–.02(9)(g); –.02(11)(i)2.; –.02(17)(c)15.;
335–14–8–.03(4)(b);
335–14–8–.04(2)(c); –.04(3)(b)2.(ii)(I)–(II);
335–14–8–.07(1)(a); –.07(3)(b)2.;
335–14–9–.01(2); –.01(4); –.01(6)–(7);
335–14–9–.02(5);
335–14–9–.04(1); –.04(3); –.04(5)–(6); –.04(8)–(9);
335–14–9–.05(1);
335–14–9–Appendix VIII;
335–14–11–.02(4)(b); –.02(5)(a);
335–14–11–.03(5)(a);
335–14–17–.02(1)(b)2.; –.02(2); –.02(2)/Table 1;
335–14–17–.05(5)(c)3.(i); –.05(5)(c)5.; –.05(6)(a); –.05(6)(c)2.; –.05(7)(a);
335–14–17–.06(3)(a)–(b); –.06(3)(b)1.(ii); –.06(3)(b)6.(ii)–(iii); –.06(6)(a);
–.06(6)(a)2.(i)(II); –.06(7)(a)2.; –.06(8)(a)2.(iii); –.06(10);
335–14–17–.07(4)(b)3.; –.07(5)(e); and
335–14–17–.08(1)(b)1.
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Federal Register / Vol. 82, No. 52 / Monday, March 20, 2017 / Rules and Regulations
Description of Federal requirement
Federal
Register date and page
Checklist 215, Cathode Ray Tubes
Rule.
71 FR 42928, 7/28/06 ........
Checklist 218, F019 Exemption for
Wastewater Treatment Sludges
from Auto Manufacturing Zinc
Phosphating Processes.
Checklist 228, Hazardous Waste
Technical Corrections and Clarifications Rule.
Checklist 229, Conditional Exclusions
for Solvent Contaminated Wipes.
73 FR 31756, 6/4/08 ..........
14331
Analogous state authority 1
335–14–1–.02(28)–(31);
335–14–2–.01(4)(a)22.(i)–(iv);
335–14–2–.04(9); and
335–14–2–.05(1)–(3).
335–14–1–.02(1)(a)(158);
335–14–2–.04(2)(b)4.; –.04(2)(b)4.(i); and –.04(2)(a)/Table.
77 FR 22229 ......................
4/13/12 ...............................
335–14–2–.04(3)(a) entry for K107; and
335–14–7–.03(1)(b).
78 FR 46448 ......................
7/31/13 ...............................
335–14–1–.02(1)(a)177.; –.02(1)(a)248.; –.02(1)(a)312.;
335–14–2–.01(4)(a)26.; –.01(4)(a)26.(i)–(v); –.01(4)(a)26.(v)(I)–(IV);
–.01(4)(a)26.(vi); –.01(4)(b)(18); –.01(4)(b)(18)(i)–(v); –.01(4)(b)(18)(v)(I)–
(IV); –.01(4)(b)(18)(vi); and –.01(4)(b)(18)(vi)(I)–(II).
1 The Alabama provisions are from the Alabama Hazardous Waste Management Rules 335–14–1, effective May 27, 2008 (Checklists 214 and
215); March 31, 2009 (Checklist 218); March 26, 2013 (Checklist 228); and March 31, 2015 (Checklist 229).
nlaroche on DSK30NT082PROD with RULES
H. Where are the revised State rules
different from the Federal rules?
We consider the following State
requirements to be more stringent than
the Federal requirements: Rules 335–
14–2–.01(4)(a)26.(v)(IV) and 335–14–2–
.01(4)(b)(18)(v)(IV) (from RCRA Cluster
XXIII, Checklist 229) because, in
addition to the three types of records
required by the federal regulation, the
State requires generators to maintain in
their onsite records, documentation that
verifies that ‘‘no free liquids’’ were
present in the container prior to
shipment. The Federal requirements
found at 40 CFR 261.4(a)(26)(v) and
261.4(b)(18)(v) do not include this
record keeping requirement. These
requirements are part of Alabama’s
authorized program and are federally
enforceable.
EPA cannot delegate the Federal
requirements at 40 CFR 261.39(a)(5),
261.40, and 261.41 contained in the
Cathode Ray Tubes Rule set forth in 71
FR 42928 (July 28, 2006). Although
Alabama has adopted these
requirements at Rules 335–14–2–
.05(1)(a)5., 335–14–2–.05(2), and 335–
14–2–.05(3), EPA will continue to
implement those requirements.
I. Who handles permits after the
authorization takes effect?
Alabama 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
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17:49 Mar 17, 2017
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requirements for which Alabama is not
authorized.
J. How does today’s action affect Indian
Country (18 U.S.C. 1151) in Alabama?
Alabama is not authorized to carry out
its hazardous waste program in Indian
Country within the State, which
includes the Poarch Band of Creek
Indians. EPA will continue to
implement and administer the RCRA
program in these lands.
K. What is codification and is EPA
codifying Alabama’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 Alabama’s changes
at this time. However, EPA reserves the
amendment of 40 CFR part 272, subpart
B, for the authorization of Alabama’s
program changes at a later date.
L. 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
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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
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
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Federal Register / Vol. 82, No. 52 / Monday, March 20, 2017 / Rules and Regulations
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, 2017,
unless objections to this authorization
are received.
nlaroche on DSK30NT082PROD with RULES
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 9, 2017.
V. Anne Heard,
Acting Regional Administrator, Region 4.
[FR Doc. 2017–05464 Filed 3–17–17; 8:45 am]
BILLING CODE 6560–50–P
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42 CFR Part 10
Please do not submit confidential
commercial information or personal
identifying information that you do not
want in the public domain.
RIN 0906–AA89
FOR FURTHER INFORMATION CONTACT:
340B Drug Pricing Program Ceiling
Price and Manufacturer Civil Monetary
Penalties Regulation
CAPT Krista Pedley, Director, OPA,
HSB, HRSA, 5600 Fishers Lane, Mail
Stop 08W05A, Rockville, MD 20857, or
by telephone at 301–594–4353.
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Health Resources and Services
Administration, HHS.
ACTION: Interim final rule; further delay
of effective date with comment.
AGENCY:
The Health Resources and
Services Administration (HRSA)
administers section 340B of the Public
Health Service Act (PHSA), which is
referred to as the ‘‘340B Drug Pricing
Program’’ or the ‘‘340B Program.’’ The
January 5, 2017 final rule sets forth the
calculation of the ceiling price and
application of civil monetary penalties,
and applies to all drug manufacturers
that are required to make their drugs
available to covered entities under the
340B Program. This interim final rule
delays the effective date of the final rule
published in the Federal Register (82
FR 1210, (January 5, 2017)) to May 22,
2017. Commenters are also invited to
provide their views on whether a longer
delay of the effective date to October 1,
2017, would be more appropriate.
DATES: As of March 20, 2017, the
effective date of the final rule published
in the Federal Register (82 FR 1210,
January 5, 2017) is further delayed to
May 22, 2017. Comments on the delay
of the effective date to May 22, 2017, as
well as comments on alternatively
delaying the effective date further to
October 1, 2017, must be submitted on
or before April 19, 2017.
ADDRESSES: You may submit comments,
identified by the Regulatory Information
Number (RIN) 0906–AA89, by any of the
following methods. Please submit your
comments in only one of these ways to
minimize the receipt of duplicate
submissions. The first is the preferred
method.
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow
instructions for submitting comments.
This is the preferred method for the
submission of comments.
• Email: 340BCMPNPRM@hrsa.gov.
Include 0906–AA89 in the subject line
of the message.
• Mail: Office of Pharmacy Affairs
(OPA), Healthcare Systems Bureau
(HSB), Health Resources and Services
Administration (HRSA), 5600 Fishers
Lane, Mail Stop 08W05A, Rockville, MD
20857.
All submitted comments will be
available to the public in their entirety.
SUMMARY:
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SUPPLEMENTARY INFORMATION:
I. Background
In September 2010, HHS published an
advanced notice of proposed
rulemaking (ANPRM) in the Federal
Register, ‘‘340B Drug Pricing Program
Manufacturer Civil Monetary Penalties’’
(75 FR 57230, (September 20, 2010)).
HHS subsequently published a notice of
proposed rulemaking (NPRM) in June
2015 to implement civil monetary
penalties (CMPs) for manufacturers who
knowingly and intentionally charge a
covered entity more than the ceiling
price for a covered outpatient drug; to
provide clarity on the requirement that
manufacturers calculate the 340B
ceiling price on a quarterly basis; and to
establish the requirement that a
manufacturer charge a $.01 (penny
pricing policy) for drugs when the
calculation equals zero (80 FR 34583,
(June 17, 2015)). The public comment
period closed in August 2015, and
HRSA received approximately 35
comments. After review of the initial
comments, HHS reopened the comment
period (81 FR 22960, (April 19, 2016))
to invite additional comment on specific
areas of the NPRM: 340B ceiling price
calculations that result in a ceiling price
that equals zero (penny pricing); the
methodology that manufacturers utilize
when estimating the ceiling price for a
new covered outpatient drug; and the
definition of the ‘‘knowing and
intentional’’ standard to be applied
when assessing a CMP on manufacturers
who overcharge a covered entity. The
comment period closed May 19, 2016,
and HHS received approximately 70
additional comments.
On January 5, 2017, HHS published a
final rule in the Federal Register (82 FR
1210, (January 5, 2017)) and comments
from both the NPRM and the reopening
notice were considered in the
development of the final rule. The
provisions of that rule were to be
effective March 6, 2017; however, HHS
issued a subsequent final rule (82 FR
12508, (March 6, 2017)) delaying the
effective date to March 21, 2017, in
accordance with a January 20, 2017,
memorandum from the Assistant to the
President and Chief of Staff, entitled
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]]>Agencies
[Federal Register Volume 82, Number 52 (Monday, March 20, 2017)]
[Rules and Regulations]
[Pages 14327-14332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-05464]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[EPA-R04-RCRA-2016-0497; FRL-9959-14-Region 4]
Alabama: Final Authorization of State Hazardous Waste Management
Program Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: Alabama has applied to the United States Environmental
Protection Agency (EPA) for final authorization of changes to its
hazardous waste program 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 today's 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 Alabama'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 today's
direct final rule before it takes effect, and the separate document
published in today's ``Proposed Rules'' section of this Federal
Register will serve as the proposal to authorize the changes.
DATES: This final authorization will become effective on May 19, 2017
unless EPA receives adverse written comment by April 19, 2017. 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-2016-0497, by one of the following methods:
Federal eRulemaking Portal: www.regulations.gov. Follow
the on-line instructions for submitting comments.
Email: baker.audrey@epa.gov.
Fax: (404) 562-9964 (prior to faxing, please notify the
EPA contact listed below).
Mail: Send written comments to Audrey Baker, RCRA Programs
and Materials Management Section, Materials and Waste Management
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 Audrey
Baker, RCRA Programs and Materials Management Section, Materials and
Waste Management 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
[[Page 14328]]
arrangements should be made for deliveries of boxed information.
Instructions: EPA must receive your comments by April 19, 2017.
Direct your comments to Docket ID No. EPA-R04-RCRA-2016-0497. 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
at www.regulations.gov, or in hard copy.
You may view and copy Alabama's applications and associated
publicly available materials from 8:00 a.m. to 4:00 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) 562-8483; and the
Alabama Department of Environmental Management, 1400 Coliseum
Boulevard, Montgomery, Alabama 36110-2059; telephone number: (334) 271-
7700. Interested persons wanting to examine these documents should make
an appointment with the office at least a week in advance.
FOR FURTHER INFORMATION CONTACT: Audrey Baker, RCRA Programs and
Materials Management Section, Materials and Waste Management 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) 562-8483; fax
number: (404) 562-9964; email address: baker.audrey@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 Alabama, 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 July 20, 2015 and August 15, 2016, Alabama 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, 2006 through June 30, 2008, and July 1,
2011 through June 30, 2014 (also known as RCRA Clusters XVII through
XVIII, and XXII through XXIII). EPA concludes that Alabama'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 Alabama 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.
Alabama has responsibility for permitting treatment, storage, and
disposal facilities within its borders (except in Indian Country) 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
Alabama's authorization applications will become part of the authorized
State hazardous waste program, and will therefore be federally
enforceable. Alabama 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 Alabama is being
authorized by today's action are already effective and enforceable
requirements under State law, and are not changed by today's action.
D. Why wasn't there a proposed rule before today's rule?
Along with this direct final rule, EPA is publishing a separate
document in the ``Proposed Rules'' section of today's 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.
[[Page 14329]]
E. What happens if EPA receives comments that oppose this action?
If EPA receives comments that oppose this authorization, EPA will
withdraw today's 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 today's 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 Alabama previously been authorized for?
Alabama initially received final authorization on December 8, 1987,
effective December 22, 1987 (52 FR 46466), to implement a hazardous
waste management program. EPA granted authorization for changes to
Alabama's program on the following dates: November 29, 1991, effective
January 28, 1992 (56 FR 60926); May 13, 1992, effective July 12, 1992
(57 FR 20422); October 21, 1992, effective December 21, 1992 (57 FR
47996); March 17, 1993, effective May 17, 1993 (58 FR 20422); September
24, 1993, effective November 23, 1993 (58 FR 49932); February 1, 1994,
effective April 4, 1994 (59 FR 4594); November 14, 1994, effective
January 13, 1995 (59 FR 56407); August 14, 1995, effective October 13,
1995 (60 FR 41818); February 14, 1996, effective April 15, 1996 (61 FR
5718); April 25, 1996, effective June 24, 1996 (61 FR 5718); November
21, 1997, effective February 10, 1998 (62 FR 62262); December 20, 2000,
effective February 20, 2001 (65 FR 79769); March 15, 2005, effective
May 16, 2005 (70 FR 12593); June 2, 2005, effective August 1, 2005 (70
FR 32247); September 13, 2006, effective November 13, 2006 (71 FR
53989); and April 2, 2008, effective June 2, 2008 (73 FR 17924).
G. What changes is EPA authorizing with this action?
On July 20, 2015 and August 15, 2016, Alabama submitted final
complete program revision applications seeking authorization of its
changes in accordance with 40 CFR 271.21. EPA now makes an immediate
final decision, subject to receipt of written comments that oppose this
action, that Alabama'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 Alabama final authorization
for the following program changes:
----------------------------------------------------------------------------------------------------------------
Description of Federal
requirement Federal Register date and page Analogous state authority \1\
----------------------------------------------------------------------------------------------------------------
Checklist 214, Corrections to 71 FR 40254 7/14/06................ 335-14-1-.02(117)(b); -02(167); -.02(178);
Errors in the Code of Federal -.02(180); -.02(196); -.02(205); -
Regulations. .02(266); -.02(273);
335-14-1-.03(2)(a)1.; -.03(2)(d)1.(ii); -
.03(20)(a); -.03(21);
335-14-2-.01(2)(c)1.(i); -.01(3)(a)2.(i);
.01(4)(a)20.(v); -.01(4)(b)6.(i)(II); -
.01(4)(b)6.(ii); -.01(4)(b)6.(ii)(IV)-
(V); -.01(4)(b)9.; -.01(4)(e)2.(vi); -
.01(4)(e)3.(i); -.01(6)(a)2.(ii)-(iv); -
.01(6)(c)2.;
335-14-2-.03(2)(a)3.; -.03(2)(a)3.(i)-
(ii); -.03(2)(a)3.(ii)(I)-(IV); -
.03(2)(a)4.; -.03(2)(a)4.(i); -
.03(2)(a)4.(i)(I)-(IV); -
.03(2)(a)4.(i)(IV) Notes 1-4; -.03(5)(b);
335-14-2-.04(2)(a)/Table; -.04(3)(a)/Table
``K107'' and ``K069'' entries; -
.04(4)(e); -.04(4)(e)/Comment; -.04(4)(e)/
Table; -.04(4)(f); -.04(4)(f)/Table;
335-14-2 Appendices VII-VIII;
335-14-3-.03(5)(a)1.(iv);
335-14-3-.05(4)(b); -.05(7)(b); -
.05(9)(a)1.;
335-14-3-.07(1);
335-14-3-.09(3)(a)1.(ii); -.09(4)(b)1.(i);
-.09(4)(b)2.(i); -.09(5)(e); -.09(8)(a);
.09(8)(a)5.;
335-14-5-.01(1)(g)2.; -.01(4);
335-14-5-.02(4)(b)7.(iii)(II); -.02(8)(b);
-.02(9)(b)2.(iii);
335-14-5-.06(8)(a)1.; -.06(8)(a)1.(i); -
.06(8)(i)5.; -.06(9)(a)2.; -
.06(9)(g)4.(i); -.06(10)(h)2.; -
.06(12)(d);
335-14-5-.07(2)(c); -.07(3)(b)8.; -.07(6)-
(7); -.07(9)(c); -.07(10)(b)1.(ii);
335-14-5-.08(1)(c); -.08(3)(b)2.; -
.08(4)(b)7.; -.08(4)(b)8.; -.08(4)(e)5.;
.08(6)(a)3.(i); -.08(6)(d)6.; -
.08(6)(f)11.; -.08(8)(h)1.; -.08(12)(b);
.08(12)(f); -.08(12)(g) Letter From Chief
Financial Officer; -.08(12)(h)2.
Guarantee For Liability Coverage; -
.08(12)(h)2. Recitals, Item 13(a)
Certification of Valid Claim; -
.08(12)(h)2. Recitals, Item 14; -
.08(12)(i) Hazardous Waste Facility
Liability Endorsement, Item 2(e); -
.08(12)(j) Hazardous Waste Facility
Certificate of Liability Insurance, Item
2(d); -.08(12)(k) Irrevocable Standby
Letter of Credit; -.08(12)(k) Certificate
of Valid Claim; -.08(12)(l); -.08(12)(l)
Certification of Valid Claim; -.08(12)(m)
Trust Agreement, Section 8(c); -
.08(12)(n)1. Standby Trust Agreement,
Sections 3(c)(1), 3(e)(3), 12, and 16;
335-14-5-.09(6)(b)1.;
335-14-5-.10(4)(c)4. Note; -.10(4)(d)4.; -
.10(4)(e)2.(ii)-(iii); -.10(4)(e)2.(v)(I)-
(II); -.10(4)(e)3.(i)-(ii); -
.10(4)(g)1.(iii)-(iv); -
.10(4)(g)2.(i)(I);
[[Page 14330]]
335-14-5-.11(2)(c)1.(i)(II); -
.11(2)(c)2.(ii); -.11(2)(e)1.; -
.11(2)(e)2.(i)(II)-(III); -.11(4)(b)1.; -
.11(7)(a)2.;
335-14-5-.12(2)(a)2.(i)((I); -.12(3)(a)-
(b); -.12(10)(b);
335-14-5-.13(11)(c)7.; -.13(11)(d); -
.13(14)(a);
335-14-5-.14(2)(b)2.; -.14(3)(a); -
.14(3)(b); -.14(5)(b)1.; -.14(15)(f)2.; -
.14(18)(a);
335-14-5-.15(5)(b);
335-14-5-.19(3)(e)4.(iii); -
.19(3)(e)4.(iv)(VI); -
.19(3)(e)6.(iii)(V); -.19(4)(e); -
.19(5)(a); -.19(6)(e)6.;
335-14-5-.23(4)(a)1.; -.23(4)(a)4.(i); -
.23(4)(a)5.; -.23(4)(b); -.23(4)(m)2.; -
.23(4)(m)3.;
335-14-5-.24(1); -.24(2)(a); -
.24(2)(b)11.; -.24(2)(c)4.;
335-14-5-.27(1); -.27(4)-(6);
335-14-5-.28(1); -.28(9); -.28(15);
335-14-5-.29(1); -.29(11);
335-14-5-.30(2)(b)3.(iii); -.30(2)(c)3.; -
.30(2)(c)3.(i); -.30(2)(d); -.30(3)(a);
335-14-5-Appendix I/Table 1 and Table
2(d);
335-14-6-.01(1)(c)4.; -.01(1)(c)6.;
335-14-6-.02(3)(a)1.; -.02(5)(b)1.; -
.02(7)(b); -.02(10)(c)2.;
335-14-6-.04(7)(b);
335-14-6-.06(1)(d);
335-14-6-.07(1)(b)4.; -.07(2)(c); -
.07(3)(b)5.; -.07(3)(d)4.(iii)-(iv); -
.07(4)(b); -.07(4)(e)4.; -.07(8)(b); -
.07(10)(b)1.(ii);
335-14-6-.08(1)(b); -.08(1)(b)2.; -
.08(3)(a); -.08(6)(e)11.; -
.08(8)(a)1.(i); -.08(8)(b)1.(i)-(ii);
335-14-6-.09(5);
335-14-6-.10(4)(e)2.(v)(I)-(II); -
.10(4)(i)2.; -.10(5)(b)1.; -.10(5)(b)2.;
335-14-6-.10(8)(b); -.10(12)(c);
335-14-6-.11(2)(d)2.(i)(I)-(II); -
.11(5)(b)1.; -.11(9)(a)2.(iii)(IV); -
.11(9)(b)2.; -.11(10)(b)2.; -
.11(10)(b)3.;
335-14-6-.12(6)(b); -.12(10)(b)1.;
335-14-6-.13(11)(a)4.; -.13(12)(a)1.;
335-14-6-.14(2)(a); -.14(2)(d); -
.14(3)(b); -.14(4)(b)1.; -.14(13)(a)1.; -
.14(15)(f)1.(ii); -.14(15)(g)2.; -
.14(17); -.14(17)(c)-(d);
335-14-6-.17(6)(a)1.(i);
335-14-6-.23(2)(c); -.23(4)(a)4.(i); -
.23(4)(b); -.23(6)(b);
335-14-6-.27(4); -.27(6);
335-14-6-.28(14);
335-14-6-.29(1); -.29(6); -.29(8); -
.29(11);
335-14-6-.30(1)(d); -.30(2)(b)3.(i)(II); -
.30(2)(b)3.(iii); -.30(2)(c)3.; -
.30(2)(d);
335-14-6-Appendix I/Tables 1 and 2;
335-14-6-Appendix V/Table;
335-14-6-Appendix VI;
335-14-7-.06(1)(a);
335-14-7-.07(1)(a)/Table;
335-14-7-.08(1); -.08(3)-(4); -.08(7); -
.08(10);
335-14-7-.14 heading;
335-14-7-Appendices III-VII, IX, and XIII;
335-14-8-.01(1)(a)2.; -.01(1)(b); -
.01(1)(c)1.; -.01(1)(c)3.(i);
335-14-8-.02(1)(j)1.; -.02(2)(d)1.; -
.02(2)(d)2.; -.02(4)(k)7.; -.02(5)(a); -
.02(5)(b)11.(ii); -.02(5)(b)19.(iii); -
.02(5)(b)21.; -.02(8)(f); -.02(9)(b); -
.02(9)(g); -.02(11)(i)2.; -.02(17)(c)15.;
335-14-8-.03(4)(b);
335-14-8-.04(2)(c); -.04(3)(b)2.(ii)(I)-
(II);
335-14-8-.07(1)(a); -.07(3)(b)2.;
335-14-9-.01(2); -.01(4); -.01(6)-(7);
335-14-9-.02(5);
335-14-9-.04(1); -.04(3); -.04(5)-(6); -
.04(8)-(9);
335-14-9-.05(1);
335-14-9-Appendix VIII;
335-14-11-.02(4)(b); -.02(5)(a);
335-14-11-.03(5)(a);
335-14-17-.02(1)(b)2.; -.02(2); -.02(2)/
Table 1;
335-14-17-.05(5)(c)3.(i); -.05(5)(c)5.; -
.05(6)(a); -.05(6)(c)2.; -.05(7)(a);
335-14-17-.06(3)(a)-(b); -.06(3)(b)1.(ii);
-.06(3)(b)6.(ii)-(iii); -.06(6)(a); -
.06(6)(a)2.(i)(II); -.06(7)(a)2.; -
.06(8)(a)2.(iii); -.06(10);
335-14-17-.07(4)(b)3.; -.07(5)(e); and
335-14-17-.08(1)(b)1.
[[Page 14331]]
Checklist 215, Cathode Ray 71 FR 42928, 7/28/06............... 335-14-1-.02(28)-(31);
Tubes Rule. 335-14-2-.01(4)(a)22.(i)-(iv);
335-14-2-.04(9); and
335-14-2-.05(1)-(3).
Checklist 218, F019 Exemption 73 FR 31756, 6/4/08................ 335-14-1-.02(1)(a)(158);
for Wastewater Treatment 335-14-2-.04(2)(b)4.; -.04(2)(b)4.(i); and
Sludges from Auto -.04(2)(a)/Table.
Manufacturing Zinc Phosphating
Processes.
Checklist 228, Hazardous Waste 77 FR 22229........................ 335-14-2-.04(3)(a) entry for K107; and
Technical Corrections and 4/13/12............................ 335-14-7-.03(1)(b).
Clarifications Rule.
Checklist 229, Conditional 78 FR 46448........................ 335-14-1-.02(1)(a)177.; -.02(1)(a)248.; -
Exclusions for Solvent 7/31/13............................ .02(1)(a)312.;
Contaminated Wipes. 335-14-2-.01(4)(a)26.; -.01(4)(a)26.(i)-
(v); -.01(4)(a)26.(v)(I)-(IV); -
.01(4)(a)26.(vi); -.01(4)(b)(18); -
.01(4)(b)(18)(i)-(v); -
.01(4)(b)(18)(v)(I)-(IV); -
.01(4)(b)(18)(vi); and -
.01(4)(b)(18)(vi)(I)-(II).
----------------------------------------------------------------------------------------------------------------
\1\ The Alabama provisions are from the Alabama Hazardous Waste Management Rules 335-14-1, effective May 27,
2008 (Checklists 214 and 215); March 31, 2009 (Checklist 218); March 26, 2013 (Checklist 228); and March 31,
2015 (Checklist 229).
H. Where are the revised State rules different from the Federal rules?
We consider the following State requirements to be more stringent
than the Federal requirements: Rules 335-14-2-.01(4)(a)26.(v)(IV) and
335-14-2-.01(4)(b)(18)(v)(IV) (from RCRA Cluster XXIII, Checklist 229)
because, in addition to the three types of records required by the
federal regulation, the State requires generators to maintain in their
onsite records, documentation that verifies that ``no free liquids''
were present in the container prior to shipment. The Federal
requirements found at 40 CFR 261.4(a)(26)(v) and 261.4(b)(18)(v) do not
include this record keeping requirement. These requirements are part of
Alabama's authorized program and are federally enforceable.
EPA cannot delegate the Federal requirements at 40 CFR
261.39(a)(5), 261.40, and 261.41 contained in the Cathode Ray Tubes
Rule set forth in 71 FR 42928 (July 28, 2006). Although Alabama has
adopted these requirements at Rules 335-14-2-.05(1)(a)5., 335-14-
2-.05(2), and 335-14-2-.05(3), EPA will continue to implement those
requirements.
I. Who handles permits after the authorization takes effect?
Alabama 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
Alabama is not authorized.
J. How does today's action affect Indian Country (18 U.S.C. 1151) in
Alabama?
Alabama is not authorized to carry out its hazardous waste program
in Indian Country within the State, which includes the Poarch Band of
Creek Indians. EPA will continue to implement and administer the RCRA
program in these lands.
K. What is codification and is EPA codifying Alabama'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 Alabama's changes at this time. However,
EPA reserves the amendment of 40 CFR part 272, subpart B, for the
authorization of Alabama's program changes at a later date.
L. 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 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
[[Page 14332]]
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, 2017, 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 9, 2017.
V. Anne Heard,
Acting Regional Administrator, Region 4.
[FR Doc. 2017-05464 Filed 3-17-17; 8:45 am]
BILLING CODE 6560-50-P
