Ohio: Final Authorization of State Hazardous Waste Management Program Revision, 56708-56712 [2011-23553]
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Federal Register / Vol. 76, No. 178 / Wednesday, September 14, 2011 / Proposed Rules
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 271
[FRL–9464–4]
Ohio: Final Authorization of State
Hazardous Waste Management
Program Revision
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
Ohio has applied to EPA for
final authorization of the changes to its
hazardous waste program under the
Resource Conservation and Recovery
Act (RCRA). EPA has reviewed Ohio’s
application with regards to Federal
requirements, and is proposing to
authorize the State’s changes.
DATES: Comments on this proposed rule
must be received on or before October
14, 2011.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
RCRA–2011–0530 by one of the
following methods:
https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
E-mail: westefer.gary@epa.gov.
Mail: Gary Westefer, Ohio Regulatory
Specialist, LR–8J, U.S. EPA, Region 5,
77 West Jackson Boulevard, Chicago,
Illinois 60604.
Instructions: Direct your comments to
Docket ID Number EPA–R05–RCRA–
2011–0530. EPA’s policy is that all
comments received will be included in
the public docket without change and
may be made available online at
https://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 https://
www.regulations.gov or e-mail. The
https://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 e-mail comment directly
to EPA without going through https://
www.regulations.gov your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
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SUMMARY:
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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 or 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 https://
www.epagov/epahome/dockets.htm.
Docket: All documents in the docket
are listed in the https://
www.regulations.gov index. Although
listed in the index, some of the
information is not publicly available,
e.g., CBI or other information for which
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 https://
www.regulations.gov or in hard copy.
You may view and copy Ohio’s
application from 9 a.m. to 4 p.m. at the
following addresses: U.S. EPA Region 5,
LR–8J, 77 West Jackson Boulevard,
Chicago, Illinois, contact: Gary Westefer
(312) 886–7450; or Ohio Environmental
Protection Agency, Lazarus Government
Center, 50 West Town Street, Suite 700,
Columbus, Ohio, contact: Kit Arthur
(614) 644–2932.
Gary
Westefer, Ohio Regulatory Specialist,
U.S. EPA Region 5, LR–8J, 77 West
Jackson Boulevard, Chicago, Illinois
60604, (312) 886–7450, e-mail
westefer.gary@epa.gov.
FOR FURTHER INFORMATION CONTACT:
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 request EPA to authorize
the changes. Changes to State programs
may be necessary when Federal or State
statutory or regulatory authority is
modified or when certain other changes
occur. Most commonly, States must
change their programs because of
changes to EPA’s regulations in 40 Code
of Federal Regulations (CFR) parts 124,
260 through 266, 268, 270, 273 and 279.
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B. What decisions have we made in this
rule?
We conclude that Ohio’s application
to revise its authorized program meets
all of the statutory and regulatory
requirements established by RCRA.
Therefore, we propose to grant Ohio
final authorization to operate its
hazardous waste program with the
changes described in the authorization
application. Ohio has responsibility for
permitting treatment, storage, and
disposal facilities (TSDFs) within its
borders (except in Indian Country) and
for carrying out the aspects of the RCRA
program described in its revised
program application, subject to the
limitations of the Hazardous and Solid
Waste Amendments of 1984 (HSWA).
New Federal requirements and
prohibitions imposed by Federal
regulations that EPA promulgates under
the authority of HSWA take effect in
authorized States before they are
authorized for the requirements. Thus,
EPA will implement those requirements
and prohibitions in Ohio, including
issuing permits, until the State is
granted authorization to do so.
C. What is the effect of this
authorization decision?
The effect of this decision, once
finalized, is that a facility in Ohio
subject to RCRA would have to comply
with the authorized State requirements
instead of the equivalent Federal
requirements in order to comply with
RCRA. Ohio has enforcement
responsibilities under its State
hazardous waste program for RCRA
violations, but EPA retains its authority
under RCRA sections 3007, 3008, 3013,
and 7003, which include, among others,
authority to:
1. Do inspections, and require
monitoring, tests, analyses or reports;
2. Enforce RCRA requirements and
suspend or revoke permits; and
3. Take enforcement actions
regardless of whether the State has
taken its own actions.
This action will not impose additional
requirements on the regulated
community because the regulations for
which Ohio is being authorized are
already effective, and will not be
changed by EPA’s final action.
D. What happens if EPA receives
adverse comments on this action?
If EPA receives adverse comments on
this authorization, we will address all
public comments in a later Federal
Register. You may not have another
opportunity to comment. If you want to
comment on this authorization, you
must do so at this time.
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E. What has Ohio previously been
authorized for?
Ohio initially received final
authorization on June 28, 1989, effective
June 30, 1989 (54 FR 27170) to
implement the RCRA hazardous waste
management program. We granted
authorization for changes to their
program on April 8, 1991, effective June
7, 1991 (56 FR 14203) as corrected June
19, 1991, effective August 19, 1991 (56
FR 28088); July 27, 1995, effective
September 25, 1995 (60 FR 38502);
October 23, 1996, effective December
23, 1996 (61 FR 54950); January 24,
2003, effective January 24, 2003 (68 FR
3429); January 20, 2006, effective
January 20, 2006 (71 FR 3220), and
October 29, 2007, effective October 29,
2007 (72 FR 61063).
F. What changes are we proposing with
today’s action?
56709
application, seeking authorization of
their changes in accordance with 40
CFR 271.21. We are now proposing to
authorize, subject to receipt of written
comments that oppose this action,
Ohio’s hazardous waste program
revision. We propose to grant Ohio final
authorization for the following program
changes:
On May 9, 2011, Ohio submitted a
final complete program revision
OHIO’S ANALOGS TO THE FEDERAL REQUIREMENTS
Description of Federal requirement
(include checklist number, if relevant)
Federal Register date and page
(and/or RCRA statutory authority)
Amendments to Land Disposal Restrictions for First Third Scheduled
Wastes; Checklist 50.1.
Changes to Part 124 Not Accounted for
by Present Checklists; Checklist 70.
February 27, 1989, 54 FR 8264 .........
OAC 3745–59–41(A); Effective June 29, 1990.
April 1, 1983, 48 FR 14146 ................
June 30, 1983, 48 FR 30113
July 26, 1988, 53 FR 28118 ...............
OAC 3745–50–21; Effective July 14, 1997, amended September 5, 2010.
OAC 3745–50–40; Effective July 14, 1997, amended February 16, 2009.
50–39; 50–51; Effective July 14, 1997, amended September
5, 2010.
OAC 3745–50–41; Effective February 16, 2009.
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NESHAPS: Final Standards for Hazardous Air Pollutants for Hazardous
Waste Combustors; Technical Corrections; Checklist 188.1.
NESHAPS: Interim Standards for Hazardous Air Pollutants for Hazardous
Waste Combustors (Interim Standards
Rule); Checklist 197.
NESHAPS: Standards for Hazardous Air
Pollutants for Hazardous Waste Combustors; Final Rule; Checklist 198.
Hazardous Waste Management System;
Definition of Solid Waste; Toxicity
Characteristic; Checklist 199.
NESHAPS: Standards for Hazardous Air
Pollutants for Hazardous Waste Combustors—Corrections; Checklist 202.
Hazardous Waste Management System;
Identification and Listing of Hazardous
Waste; Recycled Used Oil Management Standards; Checklist 203.
Hazardous
Waste—Nonwastewaters
From Production of Dyes, Pigments,
and Food, Drug and Cosmetic
Colorants; Mass Loadings-Based Listing; Final Rule; Checklist 206.
Hazardous
Waste—Nonwastewaters
From Production of Dyes, Pigments,
and Food, Drug and Cosmetic
Colorants; Mass Loadings-Based Listing; Correction; Checklist 206.1.
Hazardous Waste Management System,
Modification of the Hazardous Waste
Manifest System; Final Rule; Checklist
207.
Hazardous Waste Management System,
Modification of the Hazardous Waste
Manifest System; Correction; Checklist 207.1.
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September 26, 1988, 53 FR 37396 ....
January 4, 1989, 54 FR 246
May 14, 2001, 66 FR 24270 ...............
Analogous State authority
February 13, 2002, 67 FR 6792 .........
OAC 3745–50–44; 3745–50–66; 3745–50–235; 3745–57–40;
3745–266–100; Effective February 16, 2009.
February 14, 2002, 67 FR 6968 .........
OAC 3745–50–51; 3745–266–100; Effective December 7,
2004.
March 13, 2002, 67 FR 11251 ............
OAC 3745–51–02; 3745–51–04; 3745–51–24; Effective December 7, 2004.
December 19, 2002, 67 FR 77687 .....
OAC 3745–50–44(C)(7); 3745–50–44(C)(9); 3745–50–62;
3745–50–66; Effective February 16, 2009.
July 30, 2003, 68 FR 44659 ...............
OAC 3745–51–05; 3745–279–10; 3745–279–74; Effective
February 16, 2009.
February 24, 2005, 70 FR 9138 .........
OAC 3745–51–04; 3745–51–11; 3745–51–30; 3745–51–32;
3745–270–20; 3745–270–40; Effective February 16, 2009.
June 16, 2005, 70 FR 35032 ..............
OAC 3745–51–32; Effective February 16, 2009.
March 4, 2005, 70 FR 10776 ..............
OAC 3745–50–10; 3745–51–07; 3745–52–20; 3745.52–21;
3745–52–27; 3745–52–32; 3745–52–33; 3745–52–34;
3745–52–45; 3745–52–60; 3745–53–20; 3745–53–21;
3745–54–70; 3745–54–71; 3745–54–72; 3745–54–76;
3745–65–70; 3745–65–71; 3745–65–72; 3745–65–76; Effective February 16, 2009.
OAC 3745–52–20; 3745–52–33; Effective February 16, 2009.
June 16, 2005, 70 FR 35034 ..............
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OHIO’S ANALOGS TO THE FEDERAL REQUIREMENTS—Continued
Federal Register date and page
(and/or RCRA statutory authority)
Analogous State authority
Waste Management System; Testing
and Monitoring Activities; Final Rule:
Methods Innovation Rule and SW–
846 Final Update IIIB; Checklist 208.
June 14, 2005, 70 FR 34538 ..............
Waste Management System; Testing
and Monitoring Activities; Final Rule:
Methods Innovation Rule and SW–
846 Final Update IIIB; Correction;
Checklist 208.1.
Revision of Wastewater Treatment Exemptions for Hazardous Waste Mixtures
(‘‘Headworks
Exemptions’’);
Checklist 211.
National Emission Standards for Hazardous Air Pollutants: Final Standards
for Hazardous Air Pollutants for Hazardous Waste Combustors (Phase I
Final Replacement Standards and
Phase II); Checklist 212.
Hazardous Waste and Used Oil; Corrections to Errors in the Code of Federal
Regulations; Checklist 214.
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Description of Federal requirement
(include checklist number, if relevant)
August 1, 2005, 70 FR 44150 ............
OAC 3745–50–11; 3745–50–44(C)(7); 3745–50–44(C)(9);
3745–50–62; 3745–50–66; 3745–51–03; 3745–51–20;
3745–51–21; 3745–51–22; 3745–51–35; 3745–51–38;
3745–55–90; 3745–57–14; 3745–66–90; 3745–68–14;
3745–266–100; 3745–266–102; 3745–266–103; 3745–
266–106; 3745–266–112; 3745–270–40; 3745–270–48;
3745–279–10; 3745–279–44; 3745–279–53; 3745–279–
63; Effective February 16, 2009.
OAC 3745–54–98; Effective February 16, 2009.
October 4, 2005, 70 FR 57769 ...........
OAC 3745–51–03; Effective February 16, 2009.
October 12, 2005, 70 FR 59402 .........
OAC 3745–50–10; 3745–50–11; 3745–50–44(C)(7); 3745–
50–44(C)(9, 10, 11); 3745–50–51; 3745–50–62; 3745–50–
66; 3745–50–235; 3745–57–40; 3745–68–40; 3745–266–
100; Effective February 16, 2009.
July 14, 2006, 71 FR 40254 ...............
OAC 3745–50–27; 3745–50–28; 3745–50–40; 3745–50–41;
3745–50–42; 3745–50–43; 3745–50–44; 3745–50–45;
3745–50–50; 3745–50–51; 3745–51–02; 3745–51–03;
3745–51–04; 3745–51–06; 3745–51–11; 3745–51–21;
3745–51–24; 3745–51–30; 3745–51–31; 3745–51–32;
3745–51–33; 3745–51–38; 3745–52–34; 3745–52–53;
3745–52–56; 3745–52–58; 3745–52–70; 3745–52–81;
3745–52–82; 3745–52–83; 3745–52–84; 3745–52–87;
3745–54–01; 3745–54–13; 3745–54–17; 3745–54–18;
3745–54–73; 3745–54–97; 3745–54–98; 3745–54–99;
3745–54–101; 3745–55–11; 3745–55–12; 3745–55–15;
3745–55–16; 3745–55–18; 3745–55–19; 3745–55–40;
3745–55–42; 3745–55–43; 3745–55–45; 3745–55–47;
3745–55–51; 3745–55–75; 3745–55–93; 3745–56–21;
3745–56–23; 3745–56–26; 3745–56–51; 3745–56–52;
3745–56–59; 3745–56–80; 3745–56–83; 3745–57–03;
3745–57–04; 3745–57–06; 3745–57–14; 3745–57–17;
3745–57–44; 3745–57–72; 3745–57–73; 3745–57–74;
3745–57–75; 3745–57–83; 3745–57–90; 3745–57–91;
3745–205–101; 3745–65–01; 3745–65–12; 3745–65–14;
3745–65–16; 3745–65–19; 3745–65–56; 3745–65–73;
3745–65–90; 3745–66–10; 3745–66–12; 3745–66–13;
3745–66–17; 3745–66–19; 3745–66–40; 3745–66–42;
3745–66–45; 3745–66–47; 3745–66–74; 3745–66–93;
3745–66–94; 3745–66–97; 3745–66–99; 3745–66–101;
3745–67–21; 3745–67–24; 3745–67–28; 3745–67–29;
3745–67–55; 3745–67–59; 3745–67–80; 3745–67–81;
3745–68–02; 3745–68–03; 3745–68–05; 3745–68–12;
3745–68–14; 3745–68–16; 3745–69–05; 3745–69–41;
3745–69–43; 3745–69–45; 3745–256–100; 3745–256–
101; 3745–266–70; 3745–266–80; 3745–266–100; 3745–
266–102; 3745–266–103; 3745–266–106; 3745–266–107;
3745–266–109; 3745–266–112; 3745–270–02; 3745–270–
04; 3745–270–06; 3745–270–07; 3745–270–40; 3745–
270–42; 3745–270–44; 3745–270–45; 3745–270–48;
3745–270–49; 3745–270–50; 3745–273–09; 3745–273–
13; 3745–273–14; 3745–273–34; 3745–279–01; 3745–
279–10; 3745–279–11; 3745–279–43; 3745–279–44;
3745–279–45; 3745–279–52; 3745–279–55; 3745–279–
56; 3745–279–57; 3745–279–59; 3745–279–63; 3745–
279–64; 3745–279–70; Effective February 16, 2009.
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TABLE 2—EQUIVALENT STATE INITIATED CHANGES
Ohio amendment
Description of change
Sections affected and effective date
Rule Review per 119.032 ...
Housekeeping Rules Set I ..
.............................................
.............................................
OAC 3745–50–31; 3745–50–47; 3745–54–56; 3745–54–77 Effective May 13, 2007.
OAC 3745–50–10; 3745–50–11; 3745–50–40 3745–50–51; 3745–50–235; 3745–
51–03; 3745–51–04; 3745–51–05; 3745–51–20; 3745–51–22; 3745–51–24;
3745–51–30; 3745–51–35; 3745–51–38; 3745–52–10; 3745–52–21; 3745–52–27;
3745–52–32; 3745–52–33; 3745–52–34; 3745–52–41; 3745–52–54; 3745–53–20;
3745–53–21; 3745–54–18; 3745–54–71; 3745–54–72; 3745–54–98; 3745–55–47;
3745–55–90; 3745–55–99; 3745–57–14; 3745–57–83; 3745–57–91; 3745–65–72;
3745–66–41; 3745–66–90; 3745–67–73; 3745–68–14; 3745–68–40; 3745–256–
100; 3745–266–80; 3745–266–103; 3745–266–106; 3745–270–01; 3745–270–40;
3745–270–48; 3745–279–44; 3745–279–53; 3745–279–55; 3745–279–63 Effective February 16, 2009.
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G. Which revised State rules are
different from the Federal rules?
Ohio has excluded the non-delegable
Federal requirements at 40 CFR 268.5,
268.6, 268.42(b), 268.44, and 270.3. EPA
will continue to implement those
requirements. In this action, because
Ohio has not received statutory
authority for Subparts AA, BB and CC
of 40 CFR part 264, they have not
adopted the rules for the 40 CFR subpart
BB portion in checklist 212 (located in
the table above). This will be added at
a later date. Checklist 214 in the above
table appeared in the Federal Register
on July 14, 2006 (71 FR 40254) as a
Federal regulation that corrected
numerous errors that had appeared in
the Code of Federal Regulations over
several years. Not all of the amendments
in the July 14 Federal Register are
reflected in this Ohio rules effective
date or in the current Authorization
Revision Application. Since the July 14
Federal Register includes several
hundred amendments, it was broken
into several rule-makings in Ohio. This
is the first of these rule-makings.
Subsequent rule-makings will address
the balance of the corrections. A number
of these Federal corrections had already
been made in the State rules, so not all
the Federal changes made in the July 14
FR resulted or will result in Ohio rule
amendments attributable to the July 14
FR. Ohio has corrected the errors in the
sections cited in Checklist 214 above,
additional corrections will be noted in
future Federal Registers as State
Initiated Changes to Checklist 214.
H. Who handles permits after the
authorization takes effect?
Ohio 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 we issued
prior to the effective date of this
authorization until they expire or are
terminated. We will not issue any more
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new 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 Ohio is not yet
authorized.
I. How does today’s action affect Indian
Country (18 U.S.C. 1151) in Ohio?
Ohio is not authorized to carry out its
hazardous waste program in ‘‘Indian
Country,’’ as defined in 18 U.S.C. 1151.
Indian Country includes:
1. All lands within the exterior
boundaries of Indian Reservations
within or abutting the State of Ohio;
2. Any land held in trust by the U.S.
for an Indian tribe; and
3. Any other land, whether on or off
an Indian reservation that qualifies as
Indian Country.
Therefore, EPA retains the authority
to implement and administer the RCRA
program in Indian Country.
J. What is codification and is EPA
codifying Ohio’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. We do this by
referencing the authorized State rules in
40 CFR part 272. Ohio’s rules, up to and
including those revised June 7, 1991, as
corrected August 19, 1991, have
previously been codified through the
incorporation-by-reference effective
February 4, 1992 (57 FR 4162) . We
reserve the amendment of 40 CFR part
272, subpart KK for the codification of
Ohio’s program changes until a later
date.
K. Statutory and Executive Order
Reviews
This proposed rule only authorizes
hazardous waste requirements pursuant
to RCRA 3006 and imposes no
requirements other than those imposed
by State law (see SUPPLEMENTARY
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INFORMATION, Section A. Why are
Revisions to State Programs Necessary?).
Therefore this rule complies with
applicable executive orders and
statutory provisions as follows:
1. Executive Order 18266: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulations
and Regulatory Review
The Office of Management and Budget
has exempted this rule from its review
under Executive Orders 12866 (58 FR
51735, October 4, 1993) and Executive
Order 13563 (76 FR 3821 January 21,
2011).
2. Paperwork Reduction Act
This rule does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.).
3. Regulatory Flexibility Act
This rule authorizes State
requirements for the purpose of RCRA
3006 and imposes no additional
requirements beyond those required by
State law. Accordingly, I certify that this
rule will not have a significant
economic impact on a substantial
number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.).
4. Unfunded Mandates Reform Act
Because this rule approves preexisting 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).
5. Executive Order 13132: Federalism
Executive Order 13132 (64 FR 43255,
August 10, 1999) does not apply to this
rule because it will not have federalism
implications (i.e., substantial direct
effects on the States, on the relationship
between the national government and
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the States, or on the distribution of
power and responsibilities among the
various levels of government).
6. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
Executive Order 13175 (65 FR 67249,
November 9, 2000) does not apply to
this rule because it will not have tribal
implications (i.e., substantial direct
effects on one or more Indian tribes, or
on the relationship between the Federal
Government and Indian tribes, or on the
distribution of power and
responsibilities between the Federal
Government and Indian tribes).
7. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
This rule is not subject to Executive
Order 13045 (62 FR 19885, April 23,
1997), because it is not economically
significant as defined in Executive
Order 12866 and because the EPA does
not have reason to believe the
environmental health or safety risks
addressed by this action present a
disproportionate risk to children.
8. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
This rule is not subject to Executive
Order 13211 (66 FR 28355, May 22,
2001), because it is not a significant
regulatory action as defined in
Executive Order 12866.
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
12. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and Low
Income Populations
Office of the Secretary
Because this rule proposes
authorization of pre-existing State rules
and imposes no additional requirements
beyond those imposed by State law and
there are no anticipated significant
adverse human health or environmental
effects, the rule is not subject to
Executive Order 12898 (59 FR 7629,
February 16, 1994).
RIN 0938–AQ38
13. Congressional Review Act
EPA will submit a report containing
this rule and other information required
by the Congressional Review Act (5
U.S.C. 801 et seq.) 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).
List of Subjects in 40 CFR Part 271
9. National Technology Transfer
Advancement Act
EPA approves State programs as long
as they meet criteria required by RCRA,
so it would be inconsistent with
applicable law for EPA, in its review of
a State program, to require the use of
any particular voluntary consensus
standard in place of another standard
that meets requirements of RCRA. Thus,
the requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply to this rule.
10. Executive Order 12988
mstockstill on DSK4VPTVN1PROD with PROPOSALS
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.
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.
Environmental protection,
Administrative practice and procedure,
Confidential business information,
Hazardous materials transportation,
Hazardous waste, Indians—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, 6974(b).
Dated: August 28, 2011.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2011–23553 Filed 9–13–11; 8:45 am]
BILLING CODE 6560–50–P
11. Executive Order 12630: Evaluation
of Risk and Avoidance of Unanticipated
Takings
EPA has complied with Executive
Order 12630 (53 FR 8859, March 18,
VerDate Mar<15>2010
17:16 Sep 13, 2011
Jkt 223001
PO 00000
Frm 00052
Fmt 4702
Sfmt 4702
Centers for Medicare & Medicaid
Services
42 CFR Part 493
45 CFR Part 164
[CMS–2319–P]
CLIA Program and HIPAA Privacy
Rule; Patients’ Access to Test Reports
Centers for Medicare &
Medicaid Services (CMS), HHS; Centers
for Disease Control and Prevention
(CDC), HHS; Office for Civil Rights
(OCR), HHS.
ACTION: Proposed rule.
AGENCY:
This proposed rule would
amend the Clinical Laboratory
Improvement Amendments of 1988
(CLIA) regulations to specify that, upon
a patient’s request, the laboratory may
provide access to completed test reports
that, using the laboratory’s
authentication process, can be identified
as belonging to that patient. Subject to
conforming amendments, the proposed
rule would retain the existing
provisions that provide for release of
test reports to authorized persons and,
if applicable, the individuals (or their
personal representative) responsible for
using the test reports and, in the case of
reference laboratories, the laboratory
that initially requested the test. In
addition, this proposed rule would also
amend the Health Insurance Portability
and Accountability Act of 1996 (HIPAA)
Privacy Rule to provide individuals the
right to receive their test reports directly
from laboratories by removing the
exceptions for CLIA-certified
laboratories and CLIA-exempt
laboratories from the provision that
provides individuals with the right of
access to their protected health
information.
DATES: To be assured consideration,
comments must be received at one of
the addresses provided below, no later
than 5 p.m. on November 14, 2011.
ADDRESSES: In commenting, please refer
to file code CMS–2319–P. Because of
staff and resource limitations, we cannot
accept comments by facsimile (FAX)
transmission.
You may submit comments in one of
four ways (please choose only one of the
ways listed):
1. Electronically. You may submit
electronic comments on this regulation
SUMMARY:
E:\FR\FM\14SEP1.SGM
14SEP1
]]>Agencies
[Federal Register Volume 76, Number 178 (Wednesday, September 14, 2011)]
[Proposed Rules]
[Pages 56708-56712]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-23553]
[[Page 56708]]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-9464-4]
Ohio: Final Authorization of State Hazardous Waste Management
Program Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: Ohio has applied to EPA for final authorization of the changes
to its hazardous waste program under the Resource Conservation and
Recovery Act (RCRA). EPA has reviewed Ohio's application with regards
to Federal requirements, and is proposing to authorize the State's
changes.
DATES: Comments on this proposed rule must be received on or before
October 14, 2011.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
RCRA-2011-0530 by one of the following methods:
https://www.regulations.gov: Follow the on-line instructions for
submitting comments.
E-mail: westefer.gary@epa.gov.
Mail: Gary Westefer, Ohio Regulatory Specialist, LR-8J, U.S. EPA,
Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604.
Instructions: Direct your comments to Docket ID Number EPA-R05-
RCRA-2011-0530. EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at https://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 https://www.regulations.gov or e-mail. The https://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 e-mail comment directly to EPA without
going through https://www.regulations.gov your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made 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 or 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 https://www.epagov/epahome/dockets.htm.
Docket: All documents in the docket are listed in the https://www.regulations.gov index. Although listed in the index, some of the
information is not publicly available, e.g., CBI or other information
for which 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 https://www.regulations.gov or in hard copy. You may
view and copy Ohio's application from 9 a.m. to 4 p.m. at the following
addresses: U.S. EPA Region 5, LR-8J, 77 West Jackson Boulevard,
Chicago, Illinois, contact: Gary Westefer (312) 886-7450; or Ohio
Environmental Protection Agency, Lazarus Government Center, 50 West
Town Street, Suite 700, Columbus, Ohio, contact: Kit Arthur (614) 644-
2932.
FOR FURTHER INFORMATION CONTACT: Gary Westefer, Ohio Regulatory
Specialist, U.S. EPA Region 5, LR-8J, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886-7450, e-mail westefer.gary@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 request EPA to authorize the changes. Changes
to State programs may be necessary when Federal or State statutory or
regulatory authority is modified or when certain other changes occur.
Most commonly, States must change their programs because of changes to
EPA's regulations in 40 Code of Federal Regulations (CFR) parts 124,
260 through 266, 268, 270, 273 and 279.
B. What decisions have we made in this rule?
We conclude that Ohio's application to revise its authorized
program meets all of the statutory and regulatory requirements
established by RCRA. Therefore, we propose to grant Ohio final
authorization to operate its hazardous waste program with the changes
described in the authorization application. Ohio has responsibility for
permitting treatment, storage, and disposal facilities (TSDFs) within
its borders (except in Indian Country) and for carrying out the aspects
of the RCRA program described in its revised program application,
subject to the limitations of the Hazardous and Solid Waste Amendments
of 1984 (HSWA). New Federal requirements and prohibitions imposed by
Federal regulations that EPA promulgates under the authority of HSWA
take effect in authorized States before they are authorized for the
requirements. Thus, EPA will implement those requirements and
prohibitions in Ohio, including issuing permits, until the State is
granted authorization to do so.
C. What is the effect of this authorization decision?
The effect of this decision, once finalized, is that a facility in
Ohio subject to RCRA would have to comply with the authorized State
requirements instead of the equivalent Federal requirements in order to
comply with RCRA. Ohio has enforcement responsibilities under its State
hazardous waste program for RCRA violations, but EPA retains its
authority under RCRA sections 3007, 3008, 3013, and 7003, which
include, among others, authority to:
1. Do inspections, and require monitoring, tests, analyses or
reports;
2. Enforce RCRA requirements and suspend or revoke permits; and
3. Take enforcement actions regardless of whether the State has
taken its own actions.
This action will not impose additional requirements on the
regulated community because the regulations for which Ohio is being
authorized are already effective, and will not be changed by EPA's
final action.
D. What happens if EPA receives adverse comments on this action?
If EPA receives adverse comments on this authorization, we will
address all public comments in a later Federal Register. You may not
have another opportunity to comment. If you want to comment on this
authorization, you must do so at this time.
[[Page 56709]]
E. What has Ohio previously been authorized for?
Ohio initially received final authorization on June 28, 1989,
effective June 30, 1989 (54 FR 27170) to implement the RCRA hazardous
waste management program. We granted authorization for changes to their
program on April 8, 1991, effective June 7, 1991 (56 FR 14203) as
corrected June 19, 1991, effective August 19, 1991 (56 FR 28088); July
27, 1995, effective September 25, 1995 (60 FR 38502); October 23, 1996,
effective December 23, 1996 (61 FR 54950); January 24, 2003, effective
January 24, 2003 (68 FR 3429); January 20, 2006, effective January 20,
2006 (71 FR 3220), and October 29, 2007, effective October 29, 2007 (72
FR 61063).
F. What changes are we proposing with today's action?
On May 9, 2011, Ohio submitted a final complete program revision
application, seeking authorization of their changes in accordance with
40 CFR 271.21. We are now proposing to authorize, subject to receipt of
written comments that oppose this action, Ohio's hazardous waste
program revision. We propose to grant Ohio final authorization for the
following program changes:
Ohio's Analogs to the Federal Requirements
----------------------------------------------------------------------------------------------------------------
Description of Federal Federal Register date and page
requirement (include checklist (and/or RCRA statutory Analogous State authority
number, if relevant) authority)
----------------------------------------------------------------------------------------------------------------
Amendments to Land Disposal February 27, 1989, 54 FR 8264. OAC 3745-59-41(A); Effective June 29, 1990.
Restrictions for First Third
Scheduled Wastes; Checklist 50.1.
Changes to Part 124 Not Accounted April 1, 1983, 48 FR 14146.... OAC 3745-50-21; Effective July 14, 1997,
for by Present Checklists; June 30, 1983, 48 FR 30113.... amended September 5, 2010.
Checklist 70.
July 26, 1988, 53 FR 28118.... OAC 3745-50-40; Effective July 14, 1997,
amended February 16, 2009.
September 26, 1988, 53 FR 50-39; 50-51; Effective July 14, 1997,
37396. amended September 5, 2010.
January 4, 1989, 54 FR 246....
NESHAPS: Final Standards for May 14, 2001, 66 FR 24270..... OAC 3745-50-41; Effective February 16, 2009.
Hazardous Air Pollutants for
Hazardous Waste Combustors;
Technical Corrections; Checklist
188.1.
NESHAPS: Interim Standards for February 13, 2002, 67 FR 6792. OAC 3745-50-44; 3745-50-66; 3745-50-235; 3745-
Hazardous Air Pollutants for 57-40; 3745-266-100; Effective February 16,
Hazardous Waste Combustors 2009.
(Interim Standards Rule);
Checklist 197.
NESHAPS: Standards for Hazardous February 14, 2002, 67 FR 6968. OAC 3745-50-51; 3745-266-100; Effective
Air Pollutants for Hazardous December 7, 2004.
Waste Combustors; Final Rule;
Checklist 198.
Hazardous Waste Management March 13, 2002, 67 FR 11251... OAC 3745-51-02; 3745-51-04; 3745-51-24;
System; Definition of Solid Effective December 7, 2004.
Waste; Toxicity Characteristic;
Checklist 199.
NESHAPS: Standards for Hazardous December 19, 2002, 67 FR 77687 OAC 3745-50-44(C)(7); 3745-50-44(C)(9); 3745-
Air Pollutants for Hazardous 50-62; 3745-50-66; Effective February 16,
Waste Combustors--Corrections; 2009.
Checklist 202.
Hazardous Waste Management July 30, 2003, 68 FR 44659.... OAC 3745-51-05; 3745-279-10; 3745-279-74;
System; Identification and Effective February 16, 2009.
Listing of Hazardous Waste;
Recycled Used Oil Management
Standards; Checklist 203.
Hazardous Waste--Nonwastewaters February 24, 2005, 70 FR 9138. OAC 3745-51-04; 3745-51-11; 3745-51-30; 3745-
From Production of Dyes, 51-32; 3745-270-20; 3745-270-40; Effective
Pigments, and Food, Drug and February 16, 2009.
Cosmetic Colorants; Mass
Loadings-Based Listing; Final
Rule; Checklist 206.
Hazardous Waste--Nonwastewaters June 16, 2005, 70 FR 35032.... OAC 3745-51-32; Effective February 16, 2009.
From Production of Dyes,
Pigments, and Food, Drug and
Cosmetic Colorants; Mass
Loadings-Based Listing;
Correction; Checklist 206.1.
Hazardous Waste Management March 4, 2005, 70 FR 10776.... OAC 3745-50-10; 3745-51-07; 3745-52-20;
System, Modification of the 3745.52-21; 3745-52-27; 3745-52-32; 3745-52-
Hazardous Waste Manifest System; 33; 3745-52-34; 3745-52-45; 3745-52-60; 3745-
Final Rule; Checklist 207. 53-20; 3745-53-21; 3745-54-70; 3745-54-71;
3745-54-72; 3745-54-76; 3745-65-70; 3745-65-
71; 3745-65-72; 3745-65-76; Effective
February 16, 2009.
Hazardous Waste Management June 16, 2005, 70 FR 35034.... OAC 3745-52-20; 3745-52-33; Effective
System, Modification of the February 16, 2009.
Hazardous Waste Manifest System;
Correction; Checklist 207.1.
[[Page 56710]]
Waste Management System; Testing June 14, 2005, 70 FR 34538.... OAC 3745-50-11; 3745-50-44(C)(7); 3745-50-
and Monitoring Activities; Final 44(C)(9); 3745-50-62; 3745-50-66; 3745-51-
Rule: Methods Innovation Rule 03; 3745-51-20; 3745-51-21; 3745-51-22; 3745-
and SW-846 Final Update IIIB; 51-35; 3745-51-38; 3745-55-90; 3745-57-14;
Checklist 208. 3745-66-90; 3745-68-14; 3745-266-100; 3745-
266-102; 3745-266-103; 3745-266-106; 3745-
266-112; 3745-270-40; 3745-270-48; 3745-279-
10; 3745-279-44; 3745-279-53; 3745-279-63;
Effective February 16, 2009.
Waste Management System; Testing August 1, 2005, 70 FR 44150... OAC 3745-54-98; Effective February 16, 2009.
and Monitoring Activities; Final
Rule: Methods Innovation Rule
and SW-846 Final Update IIIB;
Correction; Checklist 208.1.
Revision of Wastewater Treatment October 4, 2005, 70 FR 57769.. OAC 3745-51-03; Effective February 16, 2009.
Exemptions for Hazardous Waste
Mixtures (``Headworks
Exemptions''); Checklist 211.
National Emission Standards for October 12, 2005, 70 FR 59402. OAC 3745-50-10; 3745-50-11; 3745-50-44(C)(7);
Hazardous Air Pollutants: Final 3745-50-44(C)(9, 10, 11); 3745-50-51; 3745-
Standards for Hazardous Air 50-62; 3745-50-66; 3745-50-235; 3745-57-40;
Pollutants for Hazardous Waste 3745-68-40; 3745-266-100; Effective February
Combustors (Phase I Final 16, 2009.
Replacement Standards and Phase
II); Checklist 212.
Hazardous Waste and Used Oil; July 14, 2006, 71 FR 40254.... OAC 3745-50-27; 3745-50-28; 3745-50-40; 3745-
Corrections to Errors in the 50-41; 3745-50-42; 3745-50-43; 3745-50-44;
Code of Federal Regulations; 3745-50-45; 3745-50-50; 3745-50-51; 3745-51-
Checklist 214. 02; 3745-51-03; 3745-51-04; 3745-51-06; 3745-
51-11; 3745-51-21; 3745-51-24; 3745-51-30;
3745-51-31; 3745-51-32; 3745-51-33; 3745-51-
38; 3745-52-34; 3745-52-53; 3745-52-56; 3745-
52-58; 3745-52-70; 3745-52-81; 3745-52-82;
3745-52-83; 3745-52-84; 3745-52-87; 3745-54-
01; 3745-54-13; 3745-54-17; 3745-54-18; 3745-
54-73; 3745-54-97; 3745-54-98; 3745-54-99;
3745-54-101; 3745-55-11; 3745-55-12; 3745-55-
15; 3745-55-16; 3745-55-18; 3745-55-19; 3745-
55-40; 3745-55-42; 3745-55-43; 3745-55-45;
3745-55-47; 3745-55-51; 3745-55-75; 3745-55-
93; 3745-56-21; 3745-56-23; 3745-56-26; 3745-
56-51; 3745-56-52; 3745-56-59; 3745-56-80;
3745-56-83; 3745-57-03; 3745-57-04; 3745-57-
06; 3745-57-14; 3745-57-17; 3745-57-44; 3745-
57-72; 3745-57-73; 3745-57-74; 3745-57-75;
3745-57-83; 3745-57-90; 3745-57-91; 3745-205-
101; 3745-65-01; 3745-65-12; 3745-65-14;
3745-65-16; 3745-65-19; 3745-65-56; 3745-65-
73; 3745-65-90; 3745-66-10; 3745-66-12; 3745-
66-13; 3745-66-17; 3745-66-19; 3745-66-40;
3745-66-42; 3745-66-45; 3745-66-47; 3745-66-
74; 3745-66-93; 3745-66-94; 3745-66-97; 3745-
66-99; 3745-66-101; 3745-67-21; 3745-67-24;
3745-67-28; 3745-67-29; 3745-67-55; 3745-67-
59; 3745-67-80; 3745-67-81; 3745-68-02; 3745-
68-03; 3745-68-05; 3745-68-12; 3745-68-14;
3745-68-16; 3745-69-05; 3745-69-41; 3745-69-
43; 3745-69-45; 3745-256-100; 3745-256-101;
3745-266-70; 3745-266-80; 3745-266-100; 3745-
266-102; 3745-266-103; 3745-266-106; 3745-
266-107; 3745-266-109; 3745-266-112; 3745-
270-02; 3745-270-04; 3745-270-06; 3745-270-
07; 3745-270-40; 3745-270-42; 3745-270-44;
3745-270-45; 3745-270-48; 3745-270-49; 3745-
270-50; 3745-273-09; 3745-273-13; 3745-273-
14; 3745-273-34; 3745-279-01; 3745-279-10;
3745-279-11; 3745-279-43; 3745-279-44; 3745-
279-45; 3745-279-52; 3745-279-55; 3745-279-
56; 3745-279-57; 3745-279-59; 3745-279-63;
3745-279-64; 3745-279-70; Effective February
16, 2009.
----------------------------------------------------------------------------------------------------------------
[[Page 56711]]
Table 2--Equivalent State Initiated Changes
----------------------------------------------------------------------------------------------------------------
Sections affected and
Ohio amendment Description of change effective date
----------------------------------------------------------------------------------------------------------------
Rule Review per 119.032................... .......................................... OAC 3745-50-31; 3745-50-
47; 3745-54-56; 3745-54-
77 Effective May 13,
2007.
Housekeeping Rules Set I.................. .......................................... OAC 3745-50-10; 3745-50-
11; 3745-50-40 3745-50-
51; 3745-50-235; 3745-
51-03; 3745-51-04; 3745-
51-05; 3745-51-20; 3745-
51-22; 3745-51-24; 3745-
51-30; 3745-51-35; 3745-
51-38; 3745-52-10; 3745-
52-21; 3745-52-27; 3745-
52-32; 3745-52-33; 3745-
52-34; 3745-52-41; 3745-
52-54; 3745-53-20; 3745-
53-21; 3745-54-18; 3745-
54-71; 3745-54-72; 3745-
54-98; 3745-55-47; 3745-
55-90; 3745-55-99; 3745-
57-14; 3745-57-83; 3745-
57-91; 3745-65-72; 3745-
66-41; 3745-66-90; 3745-
67-73; 3745-68-14; 3745-
68-40; 3745-256-100;
3745-266-80; 3745-266-
103; 3745-266-106; 3745-
270-01; 3745-270-40;
3745-270-48; 3745-279-
44; 3745-279-53; 3745-
279-55; 3745-279-63
Effective February 16,
2009.
----------------------------------------------------------------------------------------------------------------
G. Which revised State rules are different from the Federal rules?
Ohio has excluded the non-delegable Federal requirements at 40 CFR
268.5, 268.6, 268.42(b), 268.44, and 270.3. EPA will continue to
implement those requirements. In this action, because Ohio has not
received statutory authority for Subparts AA, BB and CC of 40 CFR part
264, they have not adopted the rules for the 40 CFR subpart BB portion
in checklist 212 (located in the table above). This will be added at a
later date. Checklist 214 in the above table appeared in the Federal
Register on July 14, 2006 (71 FR 40254) as a Federal regulation that
corrected numerous errors that had appeared in the Code of Federal
Regulations over several years. Not all of the amendments in the July
14 Federal Register are reflected in this Ohio rules effective date or
in the current Authorization Revision Application. Since the July 14
Federal Register includes several hundred amendments, it was broken
into several rule-makings in Ohio. This is the first of these rule-
makings. Subsequent rule-makings will address the balance of the
corrections. A number of these Federal corrections had already been
made in the State rules, so not all the Federal changes made in the
July 14 FR resulted or will result in Ohio rule amendments attributable
to the July 14 FR. Ohio has corrected the errors in the sections cited
in Checklist 214 above, additional corrections will be noted in future
Federal Registers as State Initiated Changes to Checklist 214.
H. Who handles permits after the authorization takes effect?
Ohio 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 we issued prior to the effective date of this authorization until
they expire or are terminated. We will not issue any more new permits
or new portions of permits for the provisions listed in the Table above
after the effective date of this authorization. EPA will continue to
implement and issue permits for HSWA requirements for which Ohio is not
yet authorized.
I. How does today's action affect Indian Country (18 U.S.C. 1151) in
Ohio?
Ohio is not authorized to carry out its hazardous waste program in
``Indian Country,'' as defined in 18 U.S.C. 1151. Indian Country
includes:
1. All lands within the exterior boundaries of Indian Reservations
within or abutting the State of Ohio;
2. Any land held in trust by the U.S. for an Indian tribe; and
3. Any other land, whether on or off an Indian reservation that
qualifies as Indian Country.
Therefore, EPA retains the authority to implement and administer
the RCRA program in Indian Country.
J. What is codification and is EPA codifying Ohio'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. We do this by referencing
the authorized State rules in 40 CFR part 272. Ohio's rules, up to and
including those revised June 7, 1991, as corrected August 19, 1991,
have previously been codified through the incorporation-by-reference
effective February 4, 1992 (57 FR 4162) . We reserve the amendment of
40 CFR part 272, subpart KK for the codification of Ohio's program
changes until a later date.
K. Statutory and Executive Order Reviews
This proposed rule only authorizes hazardous waste requirements
pursuant to RCRA 3006 and imposes no requirements other than those
imposed by State law (see SUPPLEMENTARY INFORMATION, Section A. Why are
Revisions to State Programs Necessary?). Therefore this rule complies
with applicable executive orders and statutory provisions as follows:
1. Executive Order 18266: Regulatory Planning and Review and Executive
Order 13563: Improving Regulations and Regulatory Review
The Office of Management and Budget has exempted this rule from its
review under Executive Orders 12866 (58 FR 51735, October 4, 1993) and
Executive Order 13563 (76 FR 3821 January 21, 2011).
2. Paperwork Reduction Act
This rule does not impose an information collection burden under
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
3. Regulatory Flexibility Act
This rule authorizes State requirements for the purpose of RCRA
3006 and imposes no additional requirements beyond those required by
State law. Accordingly, I certify that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
4. Unfunded Mandates Reform Act
Because this rule approves pre-existing requirements under state
law and does not impose any additional enforceable duty beyond that
required by state law, it does not contain any unfunded mandate or
significantly or uniquely affect small governments, as described in the
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4).
5. Executive Order 13132: Federalism
Executive Order 13132 (64 FR 43255, August 10, 1999) does not apply
to this rule because it will not have federalism implications (i.e.,
substantial direct effects on the States, on the relationship between
the national government and
[[Page 56712]]
the States, or on the distribution of power and responsibilities among
the various levels of government).
6. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175 (65 FR 67249, November 9, 2000) does not
apply to this rule because it will not have tribal implications (i.e.,
substantial direct effects on one or more Indian tribes, or on the
relationship between the Federal Government and Indian tribes, or on
the distribution of power and responsibilities between the Federal
Government and Indian tribes).
7. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
This rule is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997), because it is not economically significant as defined
in Executive Order 12866 and because the EPA does not have reason to
believe the environmental health or safety risks addressed by this
action present a disproportionate risk to children.
8. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This rule is not subject to Executive Order 13211 (66 FR 28355, May
22, 2001), because it is not a significant regulatory action as defined
in Executive Order 12866.
9. National Technology Transfer Advancement Act
EPA approves State programs as long as they meet criteria required
by RCRA, so it would be inconsistent with applicable law for EPA, in
its review of a State program, to require the use of any particular
voluntary consensus standard in place of another standard that meets
requirements of RCRA. Thus, the requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) do not apply to this rule.
10. Executive Order 12988
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.
11. Executive Order 12630: Evaluation of Risk and Avoidance of
Unanticipated Takings
EPA has complied with Executive Order 12630 (53 FR 8859, March 18,
1988) by examining the takings implications of 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.
12. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low Income Populations
Because this rule proposes authorization of pre-existing State
rules and imposes no additional requirements beyond those imposed by
State law and there are no anticipated significant adverse human health
or environmental effects, the rule is not subject to Executive Order
12898 (59 FR 7629, February 16, 1994).
13. Congressional Review Act
EPA will submit a report containing this rule and other information
required by the Congressional Review Act (5 U.S.C. 801 et seq.) 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).
List of Subjects in 40 CFR Part 271
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous materials transportation,
Hazardous waste, Indians--lands, Intergovernmental relations,
Penalties, Reporting and recordkeeping requirements.
Authority: 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, 6974(b).
Dated: August 28, 2011.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2011-23553 Filed 9-13-11; 8:45 am]
BILLING CODE 6560-50-P
