Oklahoma: Final Authorization of State Hazardous Waste Management Program Revision, 32249-32253 [2017-14774]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 82, Number 133 (Thursday, July 13, 2017)]
[Rules and Regulations]
[Pages 32249-32253]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14774]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[EPA-R06-RCRA-2016-0344; FRL-9962-39-Region 6]


Oklahoma: Final Authorization of State Hazardous Waste Management 
Program Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The State of Oklahoma Department of Environmental Quality 
(ODEQ) has applied to the Environmental Protection Agency (EPA) for 
final authorization of the 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 action. In the ``Proposed Rules'' section of this 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 which oppose this authorization during the 
comment period, the decision to authorize Oklahoma's changes to its 
hazardous waste program will take effect. If EPA receives comments that 
oppose this action, EPA will publish a document in the Federal Register 
withdrawing this direct final rule before it takes effect, and the 
separate document in the ``Proposed Rules'' section of this Federal 
Register will serve as the proposal to authorize the changes.

DATES: This final authorization is effective on September 11, 2017 
unless the EPA receives adverse written comment by August 14, 2017. If 
the 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 by one of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the online instructions for submitting comments.
     Email: patterson.alima@epa.gov.
     Fax: (214) 665-6762 (prior to faxing, please notify Alima 
Patterson at (214) 665-8533).
     Mail: Alima Patterson, Regional Authorization Coordinator, 
RCRA Permit Section (6MM-RP), Multimedia Division, EPA Region 6, 1445 
Ross Avenue, Suite 1200, Dallas Texas 75202-2733.
     Hand Delivery or Courier: Deliver your comments to Alima 
Patterson, Regional Authorization Coordinator, RCRA Permit Section 
(6MM-RP), Multimedia Division, EPA Region 6, 1445 Ross Avenue, Suite 
1200, Dallas Texas 75202-2733.
    Instructions: EPA must receive your comments by August 14, 2017. 
Direct your comments to Docket ID Number EPA-R06-RCRA-2016-0344. The 
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 (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 email. The Federal https://www.regulations.gov Web site is an ``anonymous access'' system, which 
means the 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 the EPA without going through 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 available on 
the Internet. If you submit an electronic comment, the 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 the EPA cannot 
read your comment due to technical difficulties and cannot contact you 
for clarification, the 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 the EPA's public docket, visit the EPA Docket Center 
homepage at https://www.regulations.gov).
    Docket: All documents in the docket are listed in the https://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in https://www.regulations.gov, or in hard copy.
    You can view and copy Oklahoma's application and associated 
publicly available materials from 8:30 a.m. to 4:00 p.m. Monday through 
Friday at the following locations: Oklahoma Department of Environmental 
Quality, 707 North Robinson, Oklahoma City, Oklahoma 73101-1677, (405) 
702-7180 and EPA, Region 6, 1445 Ross Avenue, Suite 1200, Dallas, Texas 
75202-2733, phone number (214) 665-8533. Interested persons wanting to 
examine these documents should make an appointment with the office at 
least two weeks in advance.

FOR FURTHER INFORMATION CONTACT: Alima Patterson, Region 6, Regional 
Authorization Coordinator, Permit Section (6MM-RP), Multimedia 
Division, (214) 665-8533, EPA Region 6, 1445 Ross Avenue, Suite 1200, 
Dallas Texas 75202-2733, and Email address patterson.alima@epa.gov.

SUPPLEMENTARY INFORMATION:

A. Why are revisions to State programs necessary?

    States which have received final authorization from the 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 the 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 the EPA's regulations in 40 Code of Federal 
Regulations (CFR) parts 124, 260 through 266, 268, 270, 273, and 279.
    New Federal requirements and prohibitions imposed by Federal 
regulations that the EPA promulgates

[[Page 32250]]

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, the EPA will implement those requirements 
and prohibitions in the State of Oklahoma, including the issuance of 
new permits implementing those requirements, until the State is granted 
authorization to do so.

B. What decisions has the EPA made in this rule?

    On November 1, 2015, the ODEQ submitted a final complete program 
revision application seeking authorization of changes to its hazardous 
waste program that correspond to Federal rules promulgated between July 
1, 2013 and June 30, 2014 (RCRA Cluster XXIII). The EPA concludes that 
Oklahoma's application to revise its authorized program meets all of of 
the statutory and regulatory requirements established by RCRA. 
Therefore, we grant ODEQ final authorization to operate its hazardous 
waste program with the changes described in the authorization 
application. ODEQ has responsibility for permitting treatment, storage, 
and disposal facilities within its borders. Also, section 10211(a) of 
the Safe, Accountable, Flexible, Efficient Transportation Equity Act of 
2005 (``SAFETEA''), Public Law 109-59, 119 Statute 1144 (August 10, 
2005) provides the State of Oklahoma opportunity to request approval 
from EPA to administer RCRA Subtitle C 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 (HSWA). New 
Federal requirements and prohibitions imposed by Federal regulations 
that the EPA promulgates under the authority of HSWA take effect in 
authorized States before they are authorized for the requirements. 
Thus, the EPA will implement those requirements and prohibitions in 
Oklahoma 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 is that a facility in Oklahoma subject 
to RCRA will now have to comply with the authorized State requirements 
instead of the equivalent Federal requirements in order to comply with 
RCRA. ODEQ has enforcement responsibilities under its State hazardous 
waste program for violations of such program, but the EPA retains its 
authority under RCRA sections 3007, 3008, 3013, and 7003, which 
include, among others, authority to:
     Do inspections, and require monitoring, tests, analyses, 
or reports;
     enforce RCRA requirements and suspend or revoke permits, 
and
     take enforcement actions after notice to and consultation 
with the State.
    This action does not impose additional requirements on the 
regulated community because the regulations for which ODEQ is being 
authorized by this direct action is already effective under State law, 
and are not changed by this action.

D. Why wasn't there a proposed rule before this direct final rule?

    The EPA did not publish a proposal before this rule because we view 
this as a routine program change and do not expect comments that oppose 
this approval. We are providing an opportunity for public comment now. 
In addition to this rule, in the proposed rules section of this Federal 
Register, we are publishing a separate document that proposes to 
authorize the State program changes.

E. What happens if the EPA receives comments that oppose this action?

    If the EPA receives comments that oppose this authorization, we 
will withdraw this rule by publishing a document in the Federal 
Register before the rule becomes effective. The EPA will base any 
further decision on the authorization of the State program changes on 
the proposal mentioned in the previous paragraph. We will then address 
all public comments in a later final rule. You may not have another 
opportunity to comment. If you want to comment on this authorization, 
you must do so at this time. If we receive comments that oppose only 
the authorization of a particular change to the State hazardous waste 
program, we will withdraw only that part of this rule, but the 
authorization of the program changes that the comments do not oppose 
will become effective on the date specified in this document. The 
Federal Register withdrawal document will specify which part of the 
authorization will become effective, and which part is being withdrawn.

F. For what has Oklahoma previously been authorized?

    ODEQ initially received final authorization on January 10, 1985 (49 
FR 50362-50363), published December 27, 1984, to implement its base 
hazardous waste management program. We authorized the following 
revisions: ODEQ received authorization for revisions to its program 
with publication dates: April 17, 1990 (55 FR 14280-14282), effective 
June 18, 1990; September 26, 1990 (55 FR 39274), effective November 27, 
1990; April 2, 1991 (56 FR 13411-13413), effective June 3, 1991; 
September 20, 1991 (56 FR 47675-47677), effective November 19, 1991; 
September 29, 1993 (58 FR 50854-50856), effective November 29, 1993; 
October 12, 1993 (58 FR 52679-52682), effective December 13, 1993; 
October 7, 1994 (59 FR 51116-51122), effective December 21, 1994; 
January 11, 1995 (60 FR 2699-2702), effective April 27, 1995; October 
9, 1996 (61 FR 52884-52886), effective December 23, 1996; Technical 
Correction March 14, 1997 (62 FR 12100-12101), effective March 14, 
1997; September 22, 1998 (63 FR 50528-50531), effective November 23, 
1998; March 29, 2000 (65 FR 16528-16532), effective May 30, 2000; May 
10, 2000 (65 FR 29981-29985), effective June 10, 2000; January 2, 2001 
(66 FR 28-33), effective March 5, 2001; April 9, 2003 (68 FR 17308-
17311), effective June 9, 2003; February 4, 2009 (74 FR 5994-6001), 
effective April 6, 2009; April 6, 2011 (76 FR 18927-18930), effective 
June 6, 2011; March 15, 2012 (77 FR 15273-15276), effective May 14, 
2012; May 29, 2013 (78 FR 32161-32165), effective July 29, 2013; and 
August 29, 2014 (79 FR 51497-51500), effective October 28, 2014. The 
authorized Oklahoma RCRA program was incorporated by reference into the 
CFR published on October 12, 1993 (58 FR 52679-52682), effective 
December 13, 1993; April 30, 1998 (63 FR 23673-23678), effective July 
14, 1998; August 26, 1999 (64 FR 46567-46571), effective October 25, 
1999; August 27, 2003 (68 FR 51488-51492), effective October 27, 2003; 
June 28, 2010 (75 FR 36546-36550), effective August 27, 2010; May 17, 
2012 (77 FR 29231-29235), effective July 16, 2012; August 7, 2012, (77 
FR 46964-46968), effective October 9, 2012; and July 1, 2014 (79 FR 
37226-37230), effective September 2, 2014. On November 1, 2015, ODEQ 
submitted a final complete program revision application seeking 
authorization of its program revision in accordance with 40 CFR 271.21.
    The Oklahoma Hazardous Waste Management Act (OHWMA) provides the 
ODEQ with the authority to administer the State Program, including the 
statutory and regulatory provisions necessary to administer the 
provisions of RCRA Cluster XXIII, and designates the ODEQ as the State 
agency to cooperate and share information with EPA for purpose of 
hazardous waste regulation. The Oklahoma

[[Page 32251]]

Environmental Quality Code (``Code''), at 27A O.S. Section 2-7-101 et 
seq. establishes the statutory authority to administer the Hazardous 
waste management program under RCRA Subtitle C. The State regulations 
to manage the Hazardous waste management program is at Oklahoma 
Administrative Code (OAC) Title 252:205-3-2. One minor change occurred 
in the State Program, wherein the ODEQ revoked a portion of OAC 252:205 
Subchapter 19, in order to make the existing state rules consistent 
with changes to the Oklahoma Statutes. 27A O.S. Sec.  2-7-118(B) and 
(C) were revoked during the first Regular Session of the 54th Oklahoma 
Legislature. This statute prohibited, as a form of recycling, the 
burning of hazardous waste with a low heating value, or the blending of 
low-Btu fuel with other materials or wastes to create a hazardous waste 
fuel. The revocation of OAC 252:205-19-5 was proposed to reflect that 
deletion and to conform the state rules to the Oklahoma Statutes. These 
changes were neither more nor less stringent than the existing federal 
rules and, therefore, had no substantive impact on the hazardous waste 
program implemented by the Department of Environmental Quality.
    The Oklahoma Legislature in April of 2015 amended the OHWMA by 
passing 27A O.S. Sec.  2-7-116(H), which clarified that the temporary 
staging of hazardous waste in a permitted hazardous waste unit while 
the waste was undergoing analysis to determine that the waste is 
acceptable for disposal does not constitute disposal of the waste. This 
new provision, effecting what constitutes disposal in Oklahoma, has not 
been submitted for EPA review and we are taking no action on it in this 
rulemaking.
    The ODEQ adopted applicable federal hazardous waste regulations as 
amended through July 1, 2014. The regulatory amendment implementing 
this adoption by reference has an effective date of September 15, 2015. 
The provisions for which the State of Oklahoma is seeking authorization 
are documented in the Regulatory Documentation For Federal Provisions 
For Which The State Of Oklahoma Is Seeking Authorization, Federal Final 
Rules Published Between July 1, 2013 Through June 30, 2014, RCRA 
CLUSTER XXIII, prepared on May 14, 2015.
    The ODEQ incorporates the Federal Regulations by reference and 
there have been no changes in State or Federal laws or regulations that 
have diminished the ODEQ's ability to adopt the Federal regulations by 
reference. The Federal hazardous waste regulations are adopted by 
reference by the ODEQ at OAC 252:205, Subchapter 3. The ODEQ does not 
adopt Federal regulations prospectively.
    The State Hazardous waste management program (``State Program'') 
now has in place, the statutory authority and regulations for all 
required components of federal regulations adopted in Checklists 229, 
230, 231 and 232 in RCRA Cluster XXIII. These statutory and regulatory 
provisions were developed to ensure the State program is equivalent to, 
consistent with, and no less stringent than the Federal Hazardous waste 
management program.
    The Environmental Quality Act, at 27A O.S. Section 1-3-101(E), 
grants the Oklahoma Corporation Commission (OCC) authority to regulate 
certain aspects of the oil and gas production and transportation 
industry in Oklahoma, including certain wastes generated by pipelines, 
bulk fuel sales terminals and certain tank farms, as well as, 
underground storage tanks. To clarify areas of environmental 
jurisdiction, the ODEQ and OCC developed an ODEQ/OCC Jurisdictional 
Guidance Document to identify respective areas of jurisdiction. The 
current ODEQ/OCC jurisdictional Guidance Document was amended and 
signed on January 27, 1999. The revisions to the State Program 
necessary to administer Cluster XXIII will not affect the 
jurisdictional authorities of the ODEQ or OCC.
    The ODEQ adopted RCRA Cluster XXIII applicable federal hazardous 
waste regulations as amended July 1, 2013 through June 30, 2014, and 
became effective on September 15, 2015. The rules were also codified at 
OAC 252 Chapter 205.
    Pursuant to OAC 252:205-3-2, the State's incorporation of Federal 
regulations does not incorporate prospectively future changes to the 
incorporated sections of the 40 CFR, and no other Oklahoma law or 
regulation reduces the scope of coverage or otherwise affects the 
authority provided by these incorporated-by-reference provisions. 
Further, Oklahoma interprets these incorporated provisions to provide 
identical authority to the Federal provisions. Thus, OAC Title 252, 
Chapter 205 provides equivalent and no less stringent authority than 
the Federal Subtitle C program in effect July 1, 2014. The State of 
Oklahoma incorporates by reference the provisions of 40 CFR part 124 
that are required by 40 CFR 271.14 (with the addition of 40 CFR 
124.19(a) through (c), 124.19(e), 124.31, 124.32, 124.33 and subpart 
G); 40 CFR parts 260 through 268 [with the exception of 260.21, 262 
subparts E and H, 264.1(f), 264.1(g)(12), 264.149, 264.150, 264.301(1), 
264.1030(d), 264.1050(g), 264.1080(e), 264.1080(f), 264.1080(g), 
265.1(c)(4), 265.1(g)(12), 265.149, 265.150, 265.1030(c), 265.1050(f) 
265.1080(e), 265.1080(f), 265.1080(g), 268.5, 268.6, 268.13, 268.42(b), 
and 268.44(a) through (g)]; 40 CFR part 270 [with the exception of 
270.1(c)(2)(ix) and 270.14(b)(18)]; 40 CFR part 273; and 40 CFR part 
279.
    The ODEQ is the lead Department to cooperate and share information 
with the EPA for purpose of hazardous waste regulation.
    Pursuant to 27A O.S. Section 2-7-104, the Executive Director has 
created the Land Protection Division (LPD) to be responsible for 
implementing the State Program. The LPD is staffed with personnel that 
have the technical background and expertise to effectively implement 
the provisions of the State program Subtitle C Hazardous waste 
management program.

G. What changes are we authorizing with this action?

    On November 1, 2015, the ODEQ submitted final complete program 
applications seeking authorization of their changes in accordance with 
40 CFR 271.21. We now make an immediate final decision, subject to 
receipt of written comments that oppose this action that the ODEQ's 
hazardous waste program revision satisfies all of the requirements 
necessary to qualify for final authorization. The ODEQ revisions 
consist of regulations which specifically govern Federal hazardous 
waste revisions promulgated between July 1, 2013 through June 30, 2014 
(RCRA Cluster XXIII). The ODEQ requirements are included in a chart 
within this document.

------------------------------------------------------------------------
                                 Federal Register
    Description of federal        date and page
requirement (include checklist     (and/or RCRA       Analogous state
        #, if relevant)             statutory            authority
                                    authority
------------------------------------------------------------------------
1. Conditional Exclusions for   78 FR 46448-46485  Oklahoma Statutes
 Solvent Contaminated Wipes      July 31, 2013;     Title 27A Section 2-
 (Checklist 229).                effective          7-101 et seq.,
                                 January 31, 2014.  Oklahoma Hazardous
                                                    Waste Management
                                                    Act, as amended
                                                    November 13, 2014,
                                                    Oklahoma
                                                    Administrative Code,
                                                    Title 252, Chapter
                                                    205, effective
                                                    September 15, 2015.

[[Page 32252]]

 
2. Conditional Exclusion for    79 FR 350-364      Oklahoma Statutes
 Carbon Dioxide (CO2) Streams    January 3, 2014;   Title 27A Section 2-
 in Geologic Sequestration       effective March    7-101 et seq.,
 Activities (Checklist 230).     4, 2014.           Oklahoma Hazardous
                                                    Waste Management
                                                    Act, as amended
                                                    November 13, 2014,
                                                    Oklahoma
                                                    Administrative Code,
                                                    Title 252, Chapter
                                                    205, effective
                                                    September 15, 2015.
3. Hazardous Waste Electronic   79 FR 7518-7563    Oklahoma Statutes
 Manifest System; Final Rule     February 7,        Title 27A Section 2-
 (Checklist 231).                2014; effective    7-101 et seq.,
                                 August 6, 2014.    Oklahoma Hazardous
                                                    Waste Management
                                                    Act, as amended
                                                    November 13, 2014,
                                                    Oklahoma
                                                    Administrative Code,
                                                    Title 252, Chapter
                                                    205, effective
                                                    September 15, 2015.
4. Revisions to the Export      79 FR 36220-36231  Oklahoma Statutes
 Provisions of the Cathode Ray   June 26, 2014;     Title 27A Section 2-
 Tube (CRT) Rule (Checklist      effective          7-101 et seq.,
 232.                            December 26,       Oklahoma Hazardous
                                 2014.              Waste Management
                                                    Act, as amended
                                                    November 13, 2014,
                                                    Oklahoma
                                                    Administrative Code,
                                                    Title 252, Chapter
                                                    205, effective
                                                    September 15, 2015.
------------------------------------------------------------------------

H. Where are the revised State rules different from the Federal rules?

    There are no State requirements that are more stringent or broader 
in scope than the Federal requirements.

I. Who handles permits after the authorization takes effect?

    ODEQ will issue permits for all the provisions for which it is 
authorized and will administer the permits it issues. The 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. We will not issue any more new permits or new portions 
of permits for the provisions listed in the Table in this document 
after the effective date of this authorization. The EPA will continue 
to implement and issue permits for HSWA requirements for which Oklahoma 
is not yet authorized.

J. How does this action affect Indian country (8 U.S.C. 1151) in 
Oklahoma?

    Section 8 U.S.C. 1151 does not affect the State of Oklahoma because 
under section 10211(a) of the SAFETEA, Public Law 109-59, 119 Statute 
1144 (August 10, 2005) provides the State of Oklahoma opportunity to 
request approval from EPA to administer RCRA Subtitle C 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 
HSWA.

K. What is codification and is the EPA codifying Oklahoma'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 CFR. We do this by referencing the authorized State 
rules in 40 CFR part 272. We reserve the amendment of 40 CFR part 272, 
subpart LL for this authorization of ODEQ's program changes until a 
later date. In this authorization application the EPA is not codifying 
the rules documented in this Federal Register document.

I. 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. The 
reference to Executive Order 13563 (76 FR 3821, January 21, 2011) is 
also exempt from review under Executive orders 12866 (56 FR 51735, 
October 4, 1993). 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 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). 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 3006(b), the 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 the EPA, when it 
reviews a State authorization application to require the use of any 
particular voluntary consensus standard in place of another standard 
that otherwise satisfies the requirements of RCRA. Thus, the 
requirements of section 12(d) of the National Technology Transfer and 
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required 
by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996), 
in issuing this rule, the EPA has taken the necessary steps to 
eliminate drafting errors and ambiguity, minimize potential litigation, 
and provide a clear legal standard for affected conduct. The 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 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

[[Page 32253]]

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. The 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 September 11, 2017.

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, 6974(b).

    Dated: April 24, 2017.
Samuel Coleman,
Acting Regional Administrator, Region 6.
[FR Doc. 2017-14774 Filed 7-12-17; 8:45 am]
 BILLING CODE 6560-50-P