Delaware: Final Authorization of State Hazardous Waste Management Program Revisions, 37319-37327 [2017-16903]
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Federal Register / Vol. 82, No. 153 / Thursday, August 10, 2017 / Rules and Regulations
Carla Oldham, Air Quality Planning
Division, Office of Air Quality Planning
and Standards, Mail Code C539–04,
Environmental Protection Agency,
Research Triangle Park, North Carolina
27711; telephone number: (919) 541–
3347; email address: oldham.carla@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
Entities potentially affected by this
action include state, local and tribal
governments that would participate in
the initial area designation process for
the 2015 ozone standards.
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B. Where can I get a copy of this
document and other related
information?
The EPA has established a docket for
designations for the 2015 ozone NAAQS
under Docket ID No. EPA–HQ–OAR–
2017–0223. 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., confidential
business information 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 at
the EPA Docket Center, WJC West
Building, Room 3334, 1301 Constitution
Avenue NW., Washington, DC. The
Public Reading Room is open from 8:30
a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The
telephone number for the Public
Reading Room is (202) 566–1744, and
the telephone number for the EPA
Docket Center is (202) 566–1742.
An electronic copy of this notice is
also available at https://www.epa.gov/
ozone-designations along with other
information related to designations for
the 2015 ozone NAAQS.
II. Designations Requirements
On October 1, 2015, the EPA signed
a notice of final rulemaking that revised
the 8-hour primary and secondary ozone
NAAQS (80 FR 65292; October 26,
2015). Both standards were lowered
from 0.075 parts per million (ppm) to a
level of 0.070 ppm.
After the EPA establishes or revises a
NAAQS pursuant to CAA section 109,
the CAA directs the EPA and the states
to begin taking steps to ensure that those
NAAQS are met. The first step is to
identify areas of the country that meet
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or do not meet that NAAQS. This step
is known as the initial area
designations. Section 107(d)(1)(A) of the
CAA provides that, ‘‘By such date as the
Administrator may reasonably require,
but not later than 1 year after
promulgation of a new or revised
national ambient air quality standard for
any pollutant under section [109], the
Governor of each State shall * * *
submit to the Administrator a list of all
areas (or portions thereof) in the State’’
that designates those areas as
nonattainment, attainment, or
unclassifiable.
The CAA further provides, ‘‘Upon
promulgation or revision of a national
ambient air quality standard, the
Administrator shall promulgate the
designations of all areas (or portions
thereof) * * * as expeditiously as
practicable, but in no case later than 2
years from the date of promulgation of
the new or revised national ambient air
quality standard. Such period may be
extended for up to one year in the event
the Administrator has insufficient
information to promulgate the
designations.’’ 42 U.S.C.
7407(d)(1)(B)(i).
In the EPA guidance, ‘‘Area
Designations for the 2015 Ozone
National Ambient Air Quality
Standards,’’ the EPA indicated it
expected to complete the initial area
designations by October 1, 2017,
consistent with the statutory
requirement that the EPA designate
areas no later than 2 years following
promulgation of a revised NAAQS.1
III. Withdrawal of Extension of
Deadline for Promulgating Designations
for the 2015 Ozone NAAQS
In letters sent to states on June 6,
2017, and in a Federal Register notice
published on June 28, 2017 (82 FR
29246), the EPA Administrator Scott
Pruitt announced that he was using his
authority under section 107(d)(1)(B)(i)
of the CAA to extend by 1 year, to
October 1, 2018, the deadline for
promulgating initial area designations
for the 2015 ozone NAAQS. At that time
(i.e., in early June), it was not clear that
the agency would be in the position to
complete designations for all areas for
the 2015 ozone NAAQS in accordance
with the 2-year statutory deadline of
October 1, 2017. For a variety of other
NAAQS in the past, previous EPA
Administrators have used the authority
under section 107(d)(1)(B)(i) to take
additional time to complete
1 Memorandum from Janet G. McCabe, Acting
Assistant Administrator, to Regional
Administrators, Regions 1–10. February 25, 2016.
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37319
designations.2 The Administrator
decided to similarly invoke the
extension with regard to designations
for the 2015 ozone NAAQS.
The EPA has continued to discuss and
work with states concerning
designations, and now understands that
the information gaps that formed the
basis of the extension may not be as
expansive as we previously believed.
The EPA now intends to reassess
whether there are areas with underlying
technical issues, whether there are state
designation recommendations that the
EPA intends to modify, and whether for
any area there is insufficient
information to promulgate the
designation. The EPA believes this
reevaluation will help ensure that more
Americans are living and working in
areas that meet national air quality
standards. The agency believes that
there may be areas of the United States
for which designations could be
promulgated in the next few months.
Therefore, the EPA is withdrawing its
prior announced 1-year extension of the
deadline for promulgating initial area
designations for the 2015 ozone
NAAQS, and the 2-year deadline for
promulgating designations provided in
section 107(d)(1)(B) of the CAA applies.
The Administrator may still determine
that an extension of time to complete
designations is necessary, but is not
making such a determination at this
time.
List of Subjects in 40 CFR Part 81
Environmental protection, Air
pollution control, National parks,
Wilderness areas.
Dated: August 2, 2017.
E. Scott Pruitt,
Administrator.
[FR Doc. 2017–16901 Filed 8–9–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 271
[EPA–R03–RCRA–2014–0407; FRL–9965–
87–Region 3]
Delaware: Final Authorization of State
Hazardous Waste Management
Program Revisions
Environmental Protection
Agency (EPA).
AGENCY:
2 For the 2008 ozone NAAQS, see 75 FR 2936
(January 19, 2010); for the 2008 lead NAAQS, see
75 FR 71033 (November 22, 2010); for the 2010
sulfur dioxide NAAQS, see 77 FR 46295 (August 3,
2012); and for the 2012 fine particulate matter
NAAQS, see 80 FR 2206 (January 15, 2015).
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ACTION:
Federal Register / Vol. 82, No. 153 / Thursday, August 10, 2017 / Rules and Regulations
Direct final rule.
Delaware has applied to the
United States Environmental Protection
Agency (EPA) for final authorization of
revisions to its hazardous waste
program under the Resource
Conservation and Recovery Act (RCRA).
EPA has determined that these revisions
satisfy all requirements needed to
qualify for final authorization and is
authorizing Delaware’s revisions
through this direct final rule. In the
‘‘Proposed Rules’’ section of this issue
of the Federal Register, EPA is also
publishing a separate document that
serves as the proposal to authorize these
revisions. 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
Delaware’s revisions 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 issue of the
Federal Register will serve as the
proposal to authorize the revisions.
DATES: This final authorization will
become effective on October 10, 2017,
unless EPA receives adverse written
comments by September 11, 2017. If
EPA receives any such comments, 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–R03–
RCRA–2014–0407, at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
The EPA may publish any comment
received to its public docket. Do not
submit electronically any information
you consider to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
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SUMMARY:
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information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Evelyn Sorto, U.S. EPA Region III,
RCRA Waste Branch, Mailcode 3LC32,
1650 Arch Street, Philadelphia, PA
19103–2029; Phone: (215) 814–2123;
Email: sorto.evelyn@epa.gov.
SUPPLEMENTARY INFORMATION:
A. Why are revisions to State programs
necessary?
States that have received final
authorization from EPA under RCRA
section 3006(b), 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 is
revised to become more stringent or
broader in scope, States must revise
their programs and apply to EPA to
authorize the revisions. Authorization of
revisions to State programs may be
necessary when Federal or State
statutory or regulatory authority is
modified or when certain other
revisions occur. Most commonly, States
must revise their programs because of
revisions to EPA’s regulations in 40
Code of Federal Regulations (CFR) parts
124, 260 through 266, 268, 270, 273 and
279.
B. What decisions has EPA made in this
rule?
On August 19, 2016, Delaware
submitted a final program revision
application (with subsequent
corrections) seeking authorization of
revisions to its hazardous waste
program that correspond to certain
Federal rules promulgated between July
30, 2003 and July 28, 2006. EPA
concludes that Delaware’s application to
revise its authorized program meets 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 Delaware final
authorization to operate its hazardous
waste program with the revisions
described in its authorization
application, and as outlined below in
Section G of this document.
Delaware has responsibility for
permitting treatment, storage, and
disposal facilities (TSDFs) within its
borders and for carrying out the aspects
of the RCRA program described in its
application, subject to the limitations of
the Hazardous and Solid Waste
Amendments of 1984 (HSWA). New
Federal requirements and prohibitions
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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 HSWA requirements
and prohibitions for which Delaware
has not been authorized, including
issuing HSWA permits, until the State is
granted authorization to do so.
C. What is the effect of this
authorization decision?
This action serves to authorize
revisions to Delaware’s authorized
hazardous waste program. This action
does not impose additional
requirements on the regulated
community because the regulations for
which Delaware is being authorized by
this action are already effective and are
not changed by this action. Delaware
has enforcement responsibilities under
its state hazardous waste program for
violations of its program, but EPA
retains its authority under RCRA
sections 3007, 3008, 3013, and 7003,
which include, among others, authority
to:
• Perform inspections, and require
monitoring, tests, analyses or reports;
• Enforce RCRA requirements and
suspend or revoke permits; and
• Take enforcement actions regardless
of whether Delaware has taken its own
actions.
D. Why wasn’t there a proposed rule
before this rule?
Along with this direct final rule, EPA
is publishing a separate document in the
‘‘Proposed Rules’’ section of this issue
of the Federal Register that serves as the
proposal to authorize these State
program revisions. EPA did not publish
a proposal before this rule because EPA
views this action as a routine program
change and does not expect comments
that oppose its approval. EPA is
providing an opportunity for public
comment now, as described in Section
E of this document.
E. What happens if EPA receives
comments that oppose this action?
If EPA receives comments that oppose
this authorization, EPA will withdraw
this direct final rule by publishing a
document in the Federal Register before
the rule becomes effective. EPA will
base any further decision on the
authorization of Delaware’s program
revisions on the proposal mentioned in
the previous section, after considering
all comments received during the
comment period. EPA will then address
all such comments in a later final rule.
You may not have another opportunity
to comment. If you want to comment on
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Federal Register / Vol. 82, No. 153 / Thursday, August 10, 2017 / Rules and Regulations
this authorization, you must do so at
this time.
If EPA receives comments that oppose
only the authorization of a particular
revision to the State’s hazardous waste
program, EPA will withdraw that part of
this rule, but the authorization of the
program revisions 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 Delaware previously been
authorized for?
Delaware initially received final
authorization effective June 22, 1984
(June 8, 1984; 49 FR 23837). EPA
granted authorization for revisions to
Delaware’s regulatory program on
August 8, 1996, effective October 7,
1996 (61 FR 41345); August 18, 1998,
effective October 19, 1998 (63 FR
44152); July 12, 2000, effective
September 11, 2000 (65 FR 42871);
August 8, 2002, effective August 8, 2002
(67 FR 51478); March 4, 2004, effective
May 3, 2004 (69 FR 10171); and October
7, 2004, effective December 6, 2004 (69
FR 60091).
G. What revisions is EPA authorizing
with this action?
On August 19, 2016, Delaware
submitted a final program revision
application (with subsequent
corrections), seeking authorization of
additional revisions to its program in
accordance with 40 CFR 271.21.
Delaware’s revision application
includes various regulations that are
equivalent to, and no less stringent than,
selected Federal final hazardous waste
rules, as published in the Federal
Register between July 30, 2003 and July
28, 2006.
EPA now makes a direct final rule,
subject to receipt of written comments
that oppose this action, that Delaware’s
hazardous waste program revision
application satisfies all of the
requirements necessary to qualify for
37321
final authorization. Therefore, EPA
grants Delaware final authorization for
the following program revisions:
1. Program Revision Changes for Federal
Rules
Delaware seeks authority to
administer the Federal requirements
that are listed in Table 1 below. This
table lists the Delaware analogs that
have been revised; these revisions are
being recognized as no less stringent
than the analogous Federal
requirements.
Delaware’s regulatory references are
to Delaware’s Regulations Governing
Hazardous Waste (DRGHW), amended
and effective August 21, 2006,
December 21, 2007, December 21, 2008,
May 21, 2009, and April 21, 2016.
Additionally, there are some minor
corrections that were promulgated and
became effective on or before April 21,
2016. The statutory references are to 7
Delaware Code annotated (1991).
TABLE 1—DELAWARE’S ANALOGS TO THE FEDERAL REQUIREMENTS
Description of Federal requirement
(revision checklists 1)
Delaware authority 2
Federal Register
RCRA Cluster XIV
Recycled Used Oil Management
Standards, Revision Checklist
203.
68 FR 44659, 7/30/2003 ...............
DRGHW 279.74.
More stringent provisions: 261.5(j) and 279.10(i).
RCRA Cluster XV
Nonwastewaters from Dyes and 70 FR 9138,
Pigments, Revision Checklist 206.
amended at 70
2005.
Uniform Hazardous Waste Manifest 70 FR 10776,
Rule, Revision Checklist 207.
amended at 70
2004.
2/24/2005; as
FR 35032, 6/16/
6/16/2005; as
FR 35034, 6/16/
DRGHW 261.4(b)(15), 261.32, 261 Appendix VII–VIII, 268.20,
268.40/Treatment Standards Table, 268.48/Universal Treatment
Standards Table.
DRGHW 260.10, 261.7(b)(1)(iii)(A)–(B), 262.20(a)(1)–(2) [April 21,
2016], 262.21, 262.27, 262.32(b), 262.33, 262.34(m), 262.54(c)
and (e), 262.60(c)–(e), 262/Appendix, 263.20(a), 263.20(g), 263.21,
264.70, 264.71(a), 264.71(b)(4), 264.71(e), 264.72, 264.76, 265.70,
265.71(a), 265.71(b)(4), 265.71(e), 265.72, 265.76.
RCRA Cluster XVI
Universal Waste Rule: Specific Provisions for Mercury Containing
Equipment, Revision Checklist
209.
Revision of Wastewater Treatment
Exemptions for Hazardous Waste
Mixtures, Revision Checklist 211.
70 FR 45508, 8/5/2005 .................
DRGHW 260.10, 261.9(c), 264.1(g)(11)(iii), 265.1(c)(14)(iii),
268.1(f)(3), 122.1(c)(2)(viii)(C), 273.1(a)(3), 273.4, 273.9, 273.13(c),
273.14(d), 273.32(b)(4)–(5), 273.33(c)–(d).
70 FR 57769, 10/4/2005 ...............
DRGHW 261.3(a)(2)(iv)(A)–(B), (D), (F)–(G).
RCRA Cluster XVII
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Corrections to Errors in the Code of
Federal Regulations, Revision
Checklist 214.
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71 FR 40254, 7/14/2006 ...............
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Part 260, Subpart B. DRGHW 260.10 [2016].
Part 260, Subpart C.
DRGHW 260.22(a)(1), 260.22(d)(1)(ii), 260.40(a), 260.41 introductory
paragraph.
Part 261, Subpart A.
DRGHW
261.2(c)(1)(i),
261.3(a)(2)(i),
261.4(a)(20)(v),
261.4(b)(6)(i)(B),
261.4(b)(6)(ii)
introductory
paragraph,
261.4(b)(6)(ii)(D), 261.4(b)(6)(ii)(F), 261.4(b)(9), 261.4(e)(2)(vi),
261.4(e)(3)(i), 261.6(a)(2)(i)–(iv), [April 21, 2016], 261.6(c)(2).
Part 261, Subpart C.
DRGHW 261.21 [April 21, 2016], 261.24(b).
Part 261, Subpart D.
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TABLE 1—DELAWARE’S ANALOGS TO THE FEDERAL REQUIREMENTS—Continued
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Description of Federal requirement
(revision checklists 1)
Delaware authority 2
Federal Register
DRGHW 261.31(a)/Table, 261.32 Table ‘‘K107’’ and ‘‘K069’’ entries,
261.33(e), 261.33(e)/Table [2016], 261.33(f), 261.33(f)/Table,
261.38(c)(1)(i)(C)(4), 261/Appendix VII–VIII.
Part 262, Subpart C.
DRGHW 262.34(a)(1)(iv).
Part 262, Subpart E.
DRGHW 262.53(b), 262.56(b), 262.58(a)(1).
Part 262, Subpart G.
DRGHW 262.70.
Part 262, Subpart H.
DRGHW 262.83(b)(1)(i), 262.83(b)(2)(i), 262.84(e), 262.87(a),
262.87(a)(5) introductory paragraph [2016].
Part 264, Subpart A.
DRGHW 264.1(g)(2), 264.4.
Part 264, Subpart B.
DRGHW 264.13(b)(7)(iii)(B), 264.17(b) introductory paragraph,
264.18(a)(2)(iii), 264.18(b)(2)(iii).
Part 264, Subpart F.
DRGHW 264.97(a)(1) introductory paragraph, 264.97(a)(1)(i),
264.97(i)(5), 264.98(a)(2), 264.98(g)(4)(i), 264.99(h)(2) introductory
text, 264.101(d).
Part 264, Subpart G.
DRGHW 264.111(c), 264.112(b)(8), 264.115, 264.116, 264.118(c),
264.119(b)(1)(ii).
Part 264, Subpart H.
DRGHW
264.140(d)(1),
264.142(b)(2),
264.143(b)(7)–(8),
264.143(e)(5), 264.145(a)(3)(i), 264.145(d)(6), 264.145(f)(11) introductory paragraph, 264.147(h)(1), 264.151(b), 264.151(f) introductory paragraph, 264.151(g) Letter from Chief Financial Officer (including fifth paragraph; item 3; Part A/Alternative I, item *3; Part B/
Alternative I, items 10 and 15; Part B/Alternative II, item *7),
264.151(h)(2) (including Guarantee for Liability Coverage; Certification of Valid Claim, Recitals, item 13.(a); Recitals, item 14),
264.151(i), item 2.(e), 264.151(j), item 2.(d), 264.151(k) (including
Irrevocable Standby Letter of Credit and Certificate of Valid Claim),
264.151(l), 264.151(l) Certification of Valid Claim, 264.151(m)(1)
Certification of Valid Claim/Section 8.(c), 264.151(n)(1) Standby
Trust Agreement/Section 3.(c)(1), 264.151(n)(1) Section 3.(e)(3)
[April 21, 2016], 264.151(n)(1) Sections 12 and 16.
Part 264, Subpart I.
DRGHW 264.175(b)(1).
Part 264, Subpart J.
DRGHW 264.193(c)(4) Note, 264.193(d)(4), 264.193(e)(2)(ii)–(iii),
264.193(e)(2)(v)(A)–(B), 264.193(e)(3)(i)–(ii), 264.193(g)(1)(iii)–(iv),
264.193(g)(2)(i)(A).
Part 264, Subpart K.
DRGHW
264.221(c)(1)(i)(B),
264.221(c)(2)(ii),
264.221(e)(1),
264.221(e)(2)(i)(B)–(C), 264.223(b)(1), 264.226(a)(2).
Part 264, Subpart L.
DRGHW 264.251(a)(2)(i)(A), 264.252, 264.259(b).
Part 264, Subpart M.
DRGHW
264.280(c)(7),
264.280(d)
introductory
paragraph,
264.283(a).
Part 264, Subpart N.
DRGHW 264.301(c)(2), 264.301(e)(2)(i)(B), 264.302, 264.304(b)(1),
264.314(e)(2), 264.317(a) introductory paragraph.
Part 264, Subpart O.
DRGHW 264.344(b).
Part 264, Subpart S.
DRGHW 264.552(e)(4)(iii), 264.552(e)(6)(iii)(E), 264.553(e) introductory paragraph, 264.554(a) introductory paragraph.
Part 264, Subpart W.
DRGHW
264.555(e)(6),
264.573(a)(1),
264.573(a)(4)(i),
264.573(a)(5), 264.573(b) introductory paragraph, 264.573(m)(2)–
(3).
Part 264, Subpart X.
DRGHW 264.600, 264.601(a) introductory paragraph, 264.601(b)(11),
264.601(c)(4).
Part 264, Subpart AA.
DRGHW
264.1030(c),
264.1033(f)(2)(vii)(B),
264.1034(b)(2),
264.1035(c)(4)(i)–(ii).
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TABLE 1—DELAWARE’S ANALOGS TO THE FEDERAL REQUIREMENTS—Continued
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Description of Federal requirement
(revision checklists 1)
Delaware authority 2
Federal Register
Part 264, Subpart BB.
DRGHW 264.1050(f), 264.1058(c)(1), 264.1064(c)(3).
Part 264, Subpart CC.
DRGWH 264.1080(a) and (c), 264.1090(c).
Part 264, Subpart DD.
DRGHW 264.1101(b)(3)(iii), 264.1101(c)(3) introductory paragraph,
264.1101(c)(3)(i), 264.1101(d) introductory paragraph, 264.1102(a),
264/Appendix I/Table 1 and Table 2 (Section 2.(d)).
Part 265, Subpart A.
DRGHW 265.1(c)(4)(i), 265.1(c)(6).
Part 265, Subpart B.
DRGHW 265.12(a)(1), 265.14(b)(1), 265.16(b), 265.19(c)(2).
Part 265, Subpart D.
DRGHW 265.56(b).
Part 265, Subpart F.
DRGHW 265.90(e).
Part 265, Subpart G.
DRGHW 265.110(b)(4), 265.111(c), 265.112(b)(5), 265.112(d)(4),
265.113(b) introductory paragraph, 265.117(b) introductory paragraph, 265.119(b)(1)(ii).
Part 265, Subpart H.
DRGHW
265.140(b)
introductory
paragraph,
265.140(b)(2),
265.142(a), 265.145(e)(11), 265.147(a)(1)(i), 265.147(b)(1)(i)–(ii).
Part 265, Subpart I.
DRGHW 265.174.
Part 265, Subpart J.
DRGHW
265.193(e)(2)(v),
265.193(i)(2),
265.194(b)(1)–(2),
265.197(b), 265.201(c) introductory paragraph.
Part 265, Subpart K.
DRGHW
265.221(a),
265.221(d)(2)(i)(A)–(B),
265.223(b)(1)(Response
Actions),
265.228(a)(2)(iii)(D),
265.228(b)(2), 265.229(b)(2) and (b)(3).
Part 265, Subpart L.
DRGHW 265.255(b), 265.259(b)(1).
Part 265, Subpart M.
DRGHW 265.280(a)(4), 265.281(a)(1).
Part 265, Subpart N.
DRGHW 265.301(a), 265.301(d)(1), 265.301(d)(2)(i)(B), 265.302(b),
265.303(b)(1), 265.312(a)(1), 265.314(f)(1)(ii), 265.314(g)(2),
265.316 introductory paragraph, 265.316(c)–(d).
Part 265, Subpart Q.
DRGHW 265.405(a)(1)(i).
Part 265, Subpart W.
DRGHW 265.441(c), 265.443(a)(4)(i), 265.443(b) introductory paragraph, 265.445(b).
Part 265, Subpart AA.
DRGHW 265.1033(f)(2)(ii), 265.1035(b)(2) introductory paragraph,
265.1035(b)(2)(i), 265.1035(c)(4)(i), 265.1063(b)(4)(ii).
Part 265, Subpart CC.
DRGHW 265.1080(a), 265.1085(h)(3) introductory paragraph,
265.1087(b), 265.1090(f)(1).
Part 265, Subpart DD.
DRGHW 265.1100(d), 265.1101(b)(4)(i)(B), 265.1101(b)(4)(iii),
265.1101(c)(3) introductory paragraph, 265.1101(d) introductory
paragraph, 265 Appendix I/Tables 1 and 2, 265 Appendix V/Table,
265 Appendix VI [2016].
Part 266, Subpart F.
DRGHW 266.70(a).
Part 266, Subpart G.
DRGHW 266.80(a)/Table.
Part 266, Subpart H.
DRGHW 266.100(b)(2)(iii), 266.100(d)(3)(i)(A), 266.100(g) introductory
paragraph,
266.102(a)(2)(vi),
266.102(e)(3)(i)(E),
266.102(e)(5)(i)(C),
266.102(e)(6)(ii)(B)(2),
266.102(e)(8)(iii),
266.103(a)(4)(vii),
266.103(b)(2)(v)(B)(2),
266.103(b)(5)(ii)(A),
266,103(b)(6)(viii)(A),
266.103(c)(1)(i),
266.103(c)(1)(ii)(A)(2),
266.103(c)(1)(ix) introductory paragraph, 266.103(c)(1)(ix)(A),
266.103(c)(4)(iv)(C)(1),
266.103(g)(1)(i),
266.106(d)(1),
266.109(a)(2)(ii), 266.109(b) introductory paragraph.
Part 266, Subpart N.
DRGHW Part 266 subpart N heading.
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TABLE 1—DELAWARE’S ANALOGS TO THE FEDERAL REQUIREMENTS—Continued
Description of Federal requirement
(revision checklists 1)
40
CFR
270.1(c)(1)(iii),
270.1(c)(3)(i) introductory paragraph, 270.2.
40 CFR 270.10(j), 270.11(d)(1)–(2),
270.13(k)(7),
270.14(a),
270.14(b)(11)(ii)(B),
270.14(b)(19)(iii), 270.14(b)(21),
270.17(f), 270.18(b), 270.18(g),
270.20(i)(2), 270.26(c)(15).
40 CFR 270.33(b) introductory
paragraph.
40 CFR 270.41(c), 270.42(d)(2)(i),
270.42 Appendix I.
40 CFR 270.70(a) introductory
paragraph, 270.72(b)(2).
Cathode Ray Tubes Rule, Revision
Checklist 215.
Delaware authority 2
Federal Register
........................................................
Part 266, Appendices.
DRGHW Part 266 Appendix III–VI, VIII, IX, and XIII.
Part 268, Subpart A.
DRGHW 268.2(g), 268.4(a)(3) introductory paragraph, 268.6(c)(5) introductory paragraph, 268.7(a)(1) [more stringent provision],
268.7(a)(3)(ii), 268.7(a)(4)/Table (entry 8), 268.7(b)(3)(ii)/Table
(entry 5), 268.7(b)(4)(ii), 268.7(c)(2) [2016], 268.7(d) introductory
paragraph, 268.7(d)(1) introductory paragraph, 268.7(d)(1)(i)–(iii),
268.7(d)(2)–(3).
Part 268, Subpart B.
DRGHW 268.14(b)–(c).
Part 268, Subpart D.
DRGHW 268.40(g), 268.40/Table ‘‘Treatment Standards for Hazardous Wastes,’’ 268.42/Table 1, 268.44(c), 268.45/Table 1,
268.48/Table ‘‘Universal Treatment Standards,’’ 268.49(d).
Part 268, Subpart E.
DRGHW 268.50(c) and (g), Part 268 Appendix VIII.
DRGHW 122.1(a)(2), 122.1(c)(1)(iii), 122.1(c)(3)(i) introductory paragraph, 122.2.
........................................................
DRGHW 122.10(j), 122.11(d)(1)–(2), 122.13(k)(7), 122.14(a),
122.14(b)(11)(ii)(B), 122.14(b)(19)(iii), 122.14(b)(21), 122.17(f),
122.18(b) and (g), 122.20(i)(2), 122.26(c)(15).
........................................................
DRGHW 122.33(b) introductory paragraph.
........................................................
DRGHW 122.41(c), 122.42(d)(2)(i), 122.42 Appendix I.
........................................................
DRGHW 122.70(a) introductory paragraph, 122.72(b)(2).
71 FR 42928, 7/28/2006 ...............
Part 273, Subpart A.
DRGHW 273.9.
Part 273, Subpart B.
DRGHW 273.13(b) introductory paragraph, 273.14(a).
Part 273, Subpart C.
DRGHW 273.34(a).
Part 279, Subpart A.
DRGHW 279.1.
Part 279, Subpart B.
DRGHW 279.10(b)(2), 279.11, 279.11/Table 1.
Part 279, Subpart E.
DRGHW 279.43(c)(3)(i), 279.43(c)(5), 279.44(a), 279.44(c)(2),
279.45(a).
Part 279, Subpart F.
DRGHW 279.52, 279.55(a) introductory paragraph, 279.55(b)(2)(i)(B)
[2016], 279.56(a)(2), 279.57(a)(2)(ii), 279.59.
Part 279, Subpart G.
DRGHW 279.63(b)(3), 279.64(e).
Part 279, Subpart H.
DRGHW 279.70(b)(1).
DRGHW 260.10, 261.4(b)(16), 261.39, 261.40, 262.20 (Certain portions of the regulations are considered broader in scope; see discussion in Section H.1(a)).
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1 A Revision Checklist is a document that addresses the specific revisions made to the Federal regulations by one or more related final rules
published in the Federal Register. EPA develops these checklists as tools to assist States in developing their authorization applications and in
documenting specific State analogs to the Federal regulations. For more information see EPA’s RCRA State Authorization Web page at https://
www.epa.gov/rcra/state-authorization-under-resource-conservation-and-recovery-act-rcra.
2 Unless otherwise indicated, all Delaware citations are from the state’s 2009 regulations. Minor modifications that became effective in 2016,
but for which the exact effective date is unknown are denoted with a ‘‘[2016]’’ following the regulatory citation.
2. State-Initiated Changes
Delaware’s program revision
application includes State-initiated
changes that are not directly related to
any of the Revision Checklists in Table
1. These State-initiated revisions to
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some of Delaware’s existing regulations
are for the purposes of correcting errors
and adding consistency or clarification
to the existing regulations. EPA has
evaluated the changes and has
determined that the State’s regulations
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remain consistent with, and are no less
stringent than, the corresponding
Federal regulations. EPA grants
Delaware final authorization for the
State provisions listed in Table 2. The
following State-initiated revisions are
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equivalent and analogous to the
numerically identical provisions of the
Federal RCRA regulations found at
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relevant or applicable 40 CFR sections
as of July 1, 2007.
TABLE 2—EQUIVALENT STATE-INITIATED CHANGES
Federal RCRA citation (40 CFR)
State citation (DRGHW)
262.21 .......................................................................................................
262.23 .......................................................................................................
263.21, 264/265.72 ...................................................................................
264/265.119, 264/265.276 ........................................................................
264.143(h), 264.145(h), 265.143(g), 265.145(g), 264.151(a) and (m) ....
264.151(a)(1) Section 8(c) .......................................................................
266, Appendix IX ......................................................................................
H. Where are the revised Delaware
rules different from the Federal rules?
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1. Delaware Requirements That Are
Broader in Scope
The Delaware hazardous waste
program contains certain provisions that
are broader in scope than the Federal
program. These broader in scope
provisions are not part of the program
being authorized by this action. EPA
cannot enforce requirements that are
broader in scope, although compliance
with such provisions is required by
Delaware law. Examples of broader in
scope provisions of Delaware’s program
include, but are not limited to, the
following:
(a) DRGHW 260.10 includes the
definition of ‘‘cathode ray tube (CRT)
generator,’’ which is not found in the
Federal regulations. Furthermore, the
definition of ‘‘CRT processing’’ found at
DRGHW 260.10, and the requirements at
DRGHW 261.39, DRGHW 261.40, and
DRGHW 261.4(b)(16)(i)–(iii), contain
language regarding the management of
cathode ray tubes as a solid waste.
Under the Federal requirements, used
CRTs that meet certain conditions are
not a solid waste and would not be
regulated. Delaware continues to
regulate those used CRTs even if they
meet the Federal exclusion
requirements. As a result, Delaware’s
regulation of these excluded CRTs goes
beyond the scope of the Federal
program and is not a part of the
Federally enforceable program.
(b) The Delaware regulations
promulgated at DRGHW 263 Subpart E
outline provisions for hazardous waste
transporter permits. Because there is no
counterpart in the Federal regulations
that addresses hazardous waste
transporter permits, this entire section
(DRGHW 263 Subpart E) is broader in
scope. Delaware has made changes to
subparagraphs 263.102(b)(3) and (4) of
DRGHW 263 Subpart E. These
subparagraphs set forth conditions that
could lead to the modification, denial,
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262.21.
262.23.
263.21, 264/265.72.
264/265.119, 264/265.276.
264.143(h), 264.145(h), 265.143(g), 265.145(g), 264.151(a) and (m).
264.151(a)(1) Section 8(c).
266, Appendix IX.
termination, or revocation of a
hazardous waste transporter permit.
There are no provisions in the Federal
regulations that address the
modification, denial, termination, or
revocation of a hazardous waste
transporter permit. As a result, these
DRGHW provisions go beyond the scope
of the Federal program.
2. Delaware Requirements That Are
More Stringent Than the Federal
Program
Delaware’s hazardous waste program
contains several provisions that are
more stringent than the RCRA program.
The more stringent provisions are part
of the Federally-authorized program and
are, therefore, Federally-enforceable.
The specific more stringent provisions
are also noted in Table 1 and in
Delaware’s authorization application.
They include, but are not limited to, the
following:
(a) The Federal regulations at 40 CFR
261.5(j) state that if a conditionally
exempt small quantity generator’s
wastes are mixed with used oil, the
mixture is subject to the ‘‘Standards for
the Management of Used Oil.’’ However,
Delaware’s regulations at DRGHW
261.5(j) state that if a conditionally
exempt small quantity generator’s
wastes are mixed with used oil, the
mixture is subject to several standards
including: the Hazardous Waste
Management System; Identification and
Listing of Hazardous Waste; Standards
Applicable to Generators of Hazardous
Waste; Standards Applicable to
Transporters of Hazardous Waste;
Standards for Owners and Operators of
Hazardous Waste Treatment, Storage,
and Disposal Facilities; Interim Status
Standards for Owners and Operators of
Hazardous Waste Treatment, Storage,
and Disposal Facilities; Standards for
the Management of Specific Types of
Hazardous Waste; Land Disposal
Restrictions; the Hazardous Waste
Permit Program; and Procedures for
Decision Making. Because Delaware
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imposes additional standards on waste
and used oil mixtures, Delaware’s
regulations are more stringent than the
Federal requirements.
(b) DRGHW 261.41 includes more
stringent requirements, at DRGHW
261.41(a), which are not found in 40
CFR 261.41. Specifically, the Delaware
provision imposes additional
requirements on used, intact Cathode
Ray Tubes (CRTs) exported for reuse.
When applied to CRTs that are regulated
by the Federal requirements, the
provisions at DRGHW 261.41(a) are
more stringent than the Federal
requirements.
(c) The Delaware regulations at
DRGHW 262.12(d) require that a
generator submit a ‘‘RCRA Subtitle C
Site Identification Form’’ (EPA Form
8700–12) whenever there is a change in
name, mailing address, contact person,
contact address, telephone number,
ownership, type of regulated waste
activity, description of regulated wastes
managed, or if the generator
permanently ceases the regulated waste
activity. This notification must be
submitted to the DNREC Secretary no
less than 10 days prior to the
implementation of the change(s). The
Federal regulations at 40 CFR 262.12 do
not require the submission of a ‘‘RCRA
Subtitle C Site Identification Form’’
(EPA Form 8700–12) whenever there is
a change in name, mailing address,
contact person, contact address,
telephone number, ownership, type of
regulated waste activity, description of
regulated wastes managed, or if the
generator permanently ceases the
regulated waste activity. Therefore, this
provision of Delaware’s regulations is
more stringent than the Federal
requirement.
(d) The Federal requirements in 40
CFR 262.20 detail the procedures
generators must follow when preparing
a manifest. The paragraph at 40 CFR
262.20(e) includes conditions whereby
generators that generate more than 100
kilograms, but less than 1000 kilograms
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in a calendar month would be exempt
from the manifest requirements.
Delaware’s regulations at DRGHW
262.20 also include guidelines for the
preparation of a manifest. However,
paragraph 262.20(e) in the DRGHW is
labeled as ‘‘Reserved’’. Therefore, the
manifest exemption for generators that
generate more than 100 kilograms, but
less than 1000 kilograms of hazardous
waste in a calendar month that is
included in the CFR is excluded from
Delaware’s regulations. Thus, Delaware
regulations are considered to be more
stringent.
(e) The Federal regulations
promulgated at 40 CFR 262.44 state that
generators who generate more than 100
kilograms, but less than 1000 kilograms
of hazardous waste in a calendar month
are subject to reporting and
recordkeeping requirements in 40 CFR
262.40(a), (c), and (d); 40 CFR 262.42(b);
and 40 CFR 262.43. Delaware’s
regulations impose additional reporting
and recordkeeping requirements on
these generators. Specifically,
Delaware’s regulations at DRGHW
262.44 call for generators who generate
more than 100 kilograms, but less than
1000 kilograms to follow the reporting
and recordkeeping requirements in
DRGHW 262.40(a), (b), (c), and (d);
DRGHW 262.42(b); and DRGHW 262.43.
Therefore, Delaware’s regulations are
more stringent than the Federal
regulations.
(f) The Delaware regulations at
DRGHW 265.176(b) require the owner(s)
or operator(s) of waste treatment,
storage, and disposal facilities to take
precautions to prevent accidental
ignition or reaction of ignitable or
reactive waste. Specifically, owner(s) or
operator(s) must implement
preventative measures including:
Separating and protecting ignitable or
reactive waste from sources of ignition
or reaction, confining smoking and open
flame to specially designated locations
while ignitable or reactive waste is
being handled, and conspicuously
placing ‘‘No smoking’’ signs wherever
there is a hazard from ignitable or
reactive waste. The Federal regulation
promulgated at 40 CFR 265.176 does not
include provisions for owner(s) or
operator(s) of waste treatment, storage,
and disposal facilities to prevent
accidental ignition or reaction of
ignitable or reactive waste. Hence,
Delaware’s regulation is more stringent.
(g) The Federal regulations at 40 CFR
268.7 include testing, tracking, and
recordkeeping requirements for
generators, treaters, and disposal
facilities. The provision at 40 CFR
268.7(a)(1) states that a generator must
determine whether its hazardous waste
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must be treated before it can be land
disposed. It also says that generators can
make this determination by either
testing the waste or using knowledge of
the waste. The provision also gives
generators the option to send their waste
to a RCRA-permitted hazardous waste
facility, where the facility would have to
test the hazardous waste. Delaware also
has testing, tracking, and recordkeeping
requirements for generators, treaters,
and disposal facilities, which can be
found at DRGHW 268.7. Delaware’s
regulations at DRGHW 268.7(a)(1)
require that generators determine
whether their hazardous waste must be
treated before it can be land disposed.
Similar to the federal requirements,
Delaware’s regulations state that
generators can either test the waste or
use knowledge of the waste to make this
determination. However, Delaware’s
regulations do not include a provision
to allow generators to send their waste
to a RCRA-permitted facility for testing.
Therefore, Delaware’s requirements are
more stringent than Federal
requirements.
(h) The Delaware regulations
promulgated at DRGHW 279.10(i) state
that marketers and burners of used oil
who market used oil containing any
quantifiable level of polychlorinated
biphenyls (PCBs) are subject to both the
‘‘Standards for the Management of Used
Oil’’ set forth in DRGHW Part 279 and
the requirements found at 40 CFR
761.20(e). The Federal regulations at 40
CFR 279.10(i), however, list the criteria
whereby used oil containing PCBs may
become subject to both the ‘‘Standards
for the Management of Used Oil’’ and
the requirements of 40 CFR part 761. As
a result, under the Federal regulations,
marketers and burners or used oil who
market used oil containing PCBs may be
subject to either the requirements of 40
CFR part 279 or the requirements of 40
CFR part 761. Because Delaware always
requires compliance with both parts of
the regulations, Delaware’s regulations
are more stringent.
(i) The Delaware regulations at
DRGHW 279.22(b)(3) state that
containers and aboveground tanks
utilized to store used oil at generator
facilities must be closed during storage,
except when it is necessary to add or
remove oil. The Federal regulations at
40 CFR 279.22(b) do not require that
containers and aboveground storage
tanks remain closed during storage,
thereby making Delaware’s regulations
more stringent.
I. Who handles permits after the
authorization takes effect?
After this authorization revision,
Delaware will continue to issue permits
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covering all the provisions for which it
is authorized and will administer all
such permits. EPA will continue to
administer any RCRA hazardous waste
permits or portions of permits that it
issued prior to the effective date of this
authorization until the timing and
process for effective transfer to the State
are mutually agreed upon. Until such
time as EPA formally transfers
responsibility for a permit to Delaware
and EPA terminates its permit, EPA and
Delaware agree to coordinate the
administration of such permit in order
to maintain consistency. EPA will not
issue any more new permits or new
portions of permits for the provisions
listed in Section G after the effective
date of this authorization. EPA will
continue to implement and issue
permits for HSWA requirements for
which Delaware is not yet authorized.
J. How does this action affect Indian
Country (18 U.S.C. 115) in Delaware?
Delaware is not seeking authority to
operate the program on Indian lands,
since there are no Federally-recognized
Indian Lands in Delaware.
K. What is codification and is epa
codifying Delaware’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
action by referencing the authorized
State rules in 40 CFR part 272. EPA
reserves the amendment of 40 CFR part
272, subpart I, for this authorization of
Delaware’s program revisions until 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 13563 (76 FR 3821, January 21,
2011). Therefore, this action is not
subject to review by OMB. This action
authorizes State requirements pursuant
to RCRA section 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
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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). In any case,
Executive Order 13175 does not apply
to this rule since there are no Federally
recognized tribes in Delaware.
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
concern environmental health or safety
risks that may disproportionately affect
children. 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 satisfies the requirements
of RCRA. Thus, the requirements of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
3701, et seq.) 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 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. This rule does not
impose an information collection
burden under the provisions of the
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Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.). Burden is defined
at 5 CFR 1320.3(b). Executive Order
12898 (59 FR 7629, February 16, 1994)
establishes Federal executive policy on
environmental justice. Its main
provision directs Federal agencies, to
the greatest extent practicable and
permitted by law, to make
environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
populations and low-income
populations in the United States.
Because this rule authorizes pre-existing
State rules which are at least equivalent
to, and no less stringent than, existing
Federal requirements, 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.
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 is effective October 10, 2017.
List of Subjects in 40 CFR Part 271
Environmental protection,
Administrative practice and procedure,
Confidential business information,
Hazardous materials transportation,
Hazardous waste, Indian lands,
Intergovernmental relations, Penalties,
Reporting and recordkeeping
requirements, Water pollution control,
Water supply.
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).
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Dated: July 27, 2017.
Cecil Rodrigues,
Acting Regional Administrator, U.S. EPA
Region III.
[FR Doc. 2017–16903 Filed 8–9–17; 8:45 am]
BILLING CODE 6560–50–P
LEGAL SERVICES CORPORATION
45 CFR Parts 1600, 1630, and 1631
Definitions; Cost Standards and
Procedures; Purchasing and Property
Management
Legal Services Corporation.
Final rule.
AGENCY:
ACTION:
This final rule revises the
Legal Services Corporation (LSC or
Corporation) regulation on Definitions
and Cost Standards and Procedures and
creates a new part from LSC’s Property
Acquisition and Management Manual
(PAMM).
SUMMARY:
This final rule is effective on
December 31, 2017.
FOR FURTHER INFORMATION CONTACT:
Stefanie K. Davis, Assistant General
Counsel, Legal Services Corporation,
3333 K Street NW., Washington, DC
20007; (202) 295–1563 (phone), (202)
337–6519 (fax), or sdavis@lsc.gov.
SUPPLEMENTARY INFORMATION:
DATES:
I. Background
The purpose of 45 CFR part 1630 is
‘‘to provide uniform standards for
allowability of costs and to provide a
comprehensive, fair, timely, and flexible
process for the resolution of questioned
costs.’’ 45 CFR 1630.1. LSC last revised
part 1630 in 1997, when it published a
final rule intended to ‘‘bring the
Corporation’s cost standards and
procedures into conformance with
applicable provisions of the Inspector
General Act, the Corporation’s
appropriations [acts], and relevant
Office of Management and Budget
(OMB) circulars.’’ 62 FR 68219, Dec. 31,
1997. Although the OMB Circulars are
not binding on LSC because LSC is not
a federal agency, LSC adopted relevant
provisions from the OMB Circulars
pertaining to non-profit grants, audits,
and cost principles into the final rule for
part 1630. Id. at 68219–20 (citing OMB
Circulars A–50, A–110, A–122, and A–
133).
LSC published the PAMM in 2001 ‘‘to
provide recipients with a single
complete and consolidated set of
policies and procedures related to
property acquisition, use and disposal.’’
66 FR 47688, Sept. 13, 2001. Prior to the
PAMM’s issuance, such policies and
E:\FR\FM\10AUR1.SGM
10AUR1
]]>Agencies
[Federal Register Volume 82, Number 153 (Thursday, August 10, 2017)]
[Rules and Regulations]
[Pages 37319-37327]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16903]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[EPA-R03-RCRA-2014-0407; FRL-9965-87-Region 3]
Delaware: Final Authorization of State Hazardous Waste Management
Program Revisions
AGENCY: Environmental Protection Agency (EPA).
[[Page 37320]]
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: Delaware has applied to the United States Environmental
Protection Agency (EPA) for final authorization of revisions to its
hazardous waste program under the Resource Conservation and Recovery
Act (RCRA). EPA has determined that these revisions satisfy all
requirements needed to qualify for final authorization and is
authorizing Delaware's revisions through this direct final rule. In the
``Proposed Rules'' section of this issue of the Federal Register, EPA
is also publishing a separate document that serves as the proposal to
authorize these revisions. 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 Delaware's revisions 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 issue of
the Federal Register will serve as the proposal to authorize the
revisions.
DATES: This final authorization will become effective on October 10,
2017, unless EPA receives adverse written comments by September 11,
2017. If EPA receives any such comments, 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-R03-
RCRA-2014-0407, at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Evelyn Sorto, U.S. EPA Region III,
RCRA Waste Branch, Mailcode 3LC32, 1650 Arch Street, Philadelphia, PA
19103-2029; Phone: (215) 814-2123; Email: sorto.evelyn@epa.gov.
SUPPLEMENTARY INFORMATION:
A. Why are revisions to State programs necessary?
States that have received final authorization from EPA under RCRA
section 3006(b), 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 is revised to become
more stringent or broader in scope, States must revise their programs
and apply to EPA to authorize the revisions. Authorization of revisions
to State programs may be necessary when Federal or State statutory or
regulatory authority is modified or when certain other revisions occur.
Most commonly, States must revise their programs because of revisions
to EPA's regulations in 40 Code of Federal Regulations (CFR) parts 124,
260 through 266, 268, 270, 273 and 279.
B. What decisions has EPA made in this rule?
On August 19, 2016, Delaware submitted a final program revision
application (with subsequent corrections) seeking authorization of
revisions to its hazardous waste program that correspond to certain
Federal rules promulgated between July 30, 2003 and July 28, 2006. EPA
concludes that Delaware's application to revise its authorized program
meets 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 Delaware final authorization to
operate its hazardous waste program with the revisions described in its
authorization application, and as outlined below in Section G of this
document.
Delaware has responsibility for permitting treatment, storage, and
disposal facilities (TSDFs) within its borders and for carrying out the
aspects of the RCRA program described in its 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 HSWA requirements and
prohibitions for which Delaware has not been authorized, including
issuing HSWA permits, until the State is granted authorization to do
so.
C. What is the effect of this authorization decision?
This action serves to authorize revisions to Delaware's authorized
hazardous waste program. This action does not impose additional
requirements on the regulated community because the regulations for
which Delaware is being authorized by this action are already effective
and are not changed by this action. Delaware has enforcement
responsibilities under its state hazardous waste program for violations
of its program, but EPA retains its authority under RCRA sections 3007,
3008, 3013, and 7003, which include, among others, authority to:
Perform inspections, and require monitoring, tests,
analyses or reports;
Enforce RCRA requirements and suspend or revoke permits;
and
Take enforcement actions regardless of whether Delaware
has taken its own actions.
D. Why wasn't there a proposed rule before this rule?
Along with this direct final rule, EPA is publishing a separate
document in the ``Proposed Rules'' section of this issue of the Federal
Register that serves as the proposal to authorize these State program
revisions. EPA did not publish a proposal before this rule because EPA
views this action as a routine program change and does not expect
comments that oppose its approval. EPA is providing an opportunity for
public comment now, as described in Section E of this document.
E. What happens if EPA receives comments that oppose this action?
If EPA receives comments that oppose this authorization, EPA will
withdraw this direct final rule by publishing a document in the Federal
Register before the rule becomes effective. EPA will base any further
decision on the authorization of Delaware's program revisions on the
proposal mentioned in the previous section, after considering all
comments received during the comment period. EPA will then address all
such comments in a later final rule. You may not have another
opportunity to comment. If you want to comment on
[[Page 37321]]
this authorization, you must do so at this time.
If EPA receives comments that oppose only the authorization of a
particular revision to the State's hazardous waste program, EPA will
withdraw that part of this rule, but the authorization of the program
revisions 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 Delaware previously been authorized for?
Delaware initially received final authorization effective June 22,
1984 (June 8, 1984; 49 FR 23837). EPA granted authorization for
revisions to Delaware's regulatory program on August 8, 1996, effective
October 7, 1996 (61 FR 41345); August 18, 1998, effective October 19,
1998 (63 FR 44152); July 12, 2000, effective September 11, 2000 (65 FR
42871); August 8, 2002, effective August 8, 2002 (67 FR 51478); March
4, 2004, effective May 3, 2004 (69 FR 10171); and October 7, 2004,
effective December 6, 2004 (69 FR 60091).
G. What revisions is EPA authorizing with this action?
On August 19, 2016, Delaware submitted a final program revision
application (with subsequent corrections), seeking authorization of
additional revisions to its program in accordance with 40 CFR 271.21.
Delaware's revision application includes various regulations that are
equivalent to, and no less stringent than, selected Federal final
hazardous waste rules, as published in the Federal Register between
July 30, 2003 and July 28, 2006.
EPA now makes a direct final rule, subject to receipt of written
comments that oppose this action, that Delaware's hazardous waste
program revision application satisfies all of the requirements
necessary to qualify for final authorization. Therefore, EPA grants
Delaware final authorization for the following program revisions:
1. Program Revision Changes for Federal Rules
Delaware seeks authority to administer the Federal requirements
that are listed in Table 1 below. This table lists the Delaware analogs
that have been revised; these revisions are being recognized as no less
stringent than the analogous Federal requirements.
Delaware's regulatory references are to Delaware's Regulations
Governing Hazardous Waste (DRGHW), amended and effective August 21,
2006, December 21, 2007, December 21, 2008, May 21, 2009, and April 21,
2016. Additionally, there are some minor corrections that were
promulgated and became effective on or before April 21, 2016. The
statutory references are to 7 Delaware Code annotated (1991).
Table 1--Delaware's Analogs to the Federal Requirements
------------------------------------------------------------------------
Description of Federal
requirement (revision Federal Register Delaware authority
checklists \1\) \2\
------------------------------------------------------------------------
RCRA Cluster XIV
------------------------------------------------------------------------
Recycled Used Oil Management 68 FR 44659, 7/30/ DRGHW 279.74.
Standards, Revision Checklist 2003. More stringent
203. provisions: 261.5(j)
and 279.10(i).
------------------------------------------------------------------------
RCRA Cluster XV
------------------------------------------------------------------------
Nonwastewaters from Dyes and 70 FR 9138, 2/24/ DRGHW 261.4(b)(15),
Pigments, Revision Checklist 2005; as amended 261.32, 261 Appendix
206. at 70 FR 35032, VII-VIII, 268.20,
6/16/2005. 268.40/Treatment
Standards Table,
268.48/Universal
Treatment Standards
Table.
Uniform Hazardous Waste 70 FR 10776, 6/16/ DRGHW 260.10,
Manifest Rule, Revision 2005; as amended 261.7(b)(1)(iii)(A)-
Checklist 207. at 70 FR 35034, (B), 262.20(a)(1)-
6/16/2004. (2) [April 21,
2016], 262.21,
262.27, 262.32(b),
262.33, 262.34(m),
262.54(c) and (e),
262.60(c)-(e), 262/
Appendix, 263.20(a),
263.20(g), 263.21,
264.70, 264.71(a),
264.71(b)(4),
264.71(e), 264.72,
264.76, 265.70,
265.71(a),
265.71(b)(4),
265.71(e), 265.72,
265.76.
------------------------------------------------------------------------
RCRA Cluster XVI
------------------------------------------------------------------------
Universal Waste Rule: Specific 70 FR 45508, 8/5/ DRGHW 260.10,
Provisions for Mercury 2005. 261.9(c),
Containing Equipment, 264.1(g)(11)(iii),
Revision Checklist 209. 265.1(c)(14)(iii),
268.1(f)(3),
122.1(c)(2)(viii)(C)
, 273.1(a)(3),
273.4, 273.9,
273.13(c),
273.14(d),
273.32(b)(4)-(5),
273.33(c)-(d).
Revision of Wastewater 70 FR 57769, 10/4/ DRGHW
Treatment Exemptions for 2005. 261.3(a)(2)(iv)(A)-(
Hazardous Waste Mixtures, B), (D), (F)-(G).
Revision Checklist 211.
------------------------------------------------------------------------
RCRA Cluster XVII
------------------------------------------------------------------------
Corrections to Errors in the 71 FR 40254, 7/14/ Part 260, Subpart B.
Code of Federal Regulations, 2006. DRGHW 260.10 [2016].
Revision Checklist 214. Part 260, Subpart C.
DRGHW 260.22(a)(1),
260.22(d)(1)(ii),
260.40(a), 260.41
introductory
paragraph.
Part 261, Subpart A.
DRGHW 261.2(c)(1)(i),
261.3(a)(2)(i),
261.4(a)(20)(v),
261.4(b)(6)(i)(B),
261.4(b)(6)(ii)
introductory
paragraph,
261.4(b)(6)(ii)(D),
261.4(b)(6)(ii)(F),
261.4(b)(9),
261.4(e)(2)(vi),
261.4(e)(3)(i),
261.6(a)(2)(i)-(iv),
[April 21, 2016],
261.6(c)(2).
Part 261, Subpart C.
DRGHW 261.21 [April
21, 2016],
261.24(b).
Part 261, Subpart D.
[[Page 37322]]
DRGHW 261.31(a)/
Table, 261.32 Table
``K107'' and
``K069'' entries,
261.33(e), 261.33(e)/
Table [2016],
261.33(f), 261.33(f)/
Table,
261.38(c)(1)(i)(C)(4
), 261/Appendix VII-
VIII.
Part 262, Subpart C.
DRGHW
262.34(a)(1)(iv).
Part 262, Subpart E.
DRGHW 262.53(b),
262.56(b),
262.58(a)(1).
Part 262, Subpart G.
DRGHW 262.70.
Part 262, Subpart H.
DRGHW
262.83(b)(1)(i),
262.83(b)(2)(i),
262.84(e),
262.87(a),
262.87(a)(5)
introductory
paragraph [2016].
Part 264, Subpart A.
DRGHW 264.1(g)(2),
264.4.
Part 264, Subpart B.
DRGHW
264.13(b)(7)(iii)(B)
, 264.17(b)
introductory
paragraph,
264.18(a)(2)(iii),
264.18(b)(2)(iii).
Part 264, Subpart F.
DRGHW 264.97(a)(1)
introductory
paragraph,
264.97(a)(1)(i),
264.97(i)(5),
264.98(a)(2),
264.98(g)(4)(i),
264.99(h)(2)
introductory text,
264.101(d).
Part 264, Subpart G.
DRGHW 264.111(c),
264.112(b)(8),
264.115, 264.116,
264.118(c),
264.119(b)(1)(ii).
Part 264, Subpart H.
DRGHW 264.140(d)(1),
264.142(b)(2),
264.143(b)(7)-(8),
264.143(e)(5),
264.145(a)(3)(i),
264.145(d)(6),
264.145(f)(11)
introductory
paragraph,
264.147(h)(1),
264.151(b),
264.151(f)
introductory
paragraph,
264.151(g) Letter
from Chief Financial
Officer (including
fifth paragraph;
item 3; Part A/
Alternative I, item
*3; Part B/
Alternative I, items
10 and 15; Part B/
Alternative II, item
*7), 264.151(h)(2)
(including Guarantee
for Liability
Coverage;
Certification of
Valid Claim,
Recitals, item
13.(a); Recitals,
item 14),
264.151(i), item
2.(e), 264.151(j),
item 2.(d),
264.151(k)
(including
Irrevocable Standby
Letter of Credit and
Certificate of Valid
Claim), 264.151(l),
264.151(l)
Certification of
Valid Claim,
264.151(m)(1)
Certification of
Valid Claim/Section
8.(c), 264.151(n)(1)
Standby Trust
Agreement/Section
3.(c)(1),
264.151(n)(1)
Section 3.(e)(3)
[April 21, 2016],
264.151(n)(1)
Sections 12 and 16.
Part 264, Subpart I.
DRGHW 264.175(b)(1).
Part 264, Subpart J.
DRGHW 264.193(c)(4)
Note, 264.193(d)(4),
264.193(e)(2)(ii)-(i
ii),
264.193(e)(2)(v)(A)-
(B),
264.193(e)(3)(i)-(ii
),
264.193(g)(1)(iii)-(
iv),
264.193(g)(2)(i)(A).
Part 264, Subpart K.
DRGHW
264.221(c)(1)(i)(B),
264.221(c)(2)(ii),
264.221(e)(1),
264.221(e)(2)(i)(B)-
(C), 264.223(b)(1),
264.226(a)(2).
Part 264, Subpart L.
DRGHW
264.251(a)(2)(i)(A),
264.252, 264.259(b).
Part 264, Subpart M.
DRGHW 264.280(c)(7),
264.280(d)
introductory
paragraph,
264.283(a).
Part 264, Subpart N.
DRGHW 264.301(c)(2),
264.301(e)(2)(i)(B),
264.302,
264.304(b)(1),
264.314(e)(2),
264.317(a)
introductory
paragraph.
Part 264, Subpart O.
DRGHW 264.344(b).
Part 264, Subpart S.
DRGHW
264.552(e)(4)(iii),
264.552(e)(6)(iii)(E
), 264.553(e)
introductory
paragraph,
264.554(a)
introductory
paragraph.
Part 264, Subpart W.
DRGHW 264.555(e)(6),
264.573(a)(1),
264.573(a)(4)(i),
264.573(a)(5),
264.573(b)
introductory
paragraph,
264.573(m)(2)-(3).
Part 264, Subpart X.
DRGHW 264.600,
264.601(a)
introductory
paragraph,
264.601(b)(11),
264.601(c)(4).
Part 264, Subpart AA.
DRGHW 264.1030(c),
264.1033(f)(2)(vii)(
B), 264.1034(b)(2),
264.1035(c)(4)(i)-(i
i).
[[Page 37323]]
Part 264, Subpart BB.
DRGHW 264.1050(f),
264.1058(c)(1),
264.1064(c)(3).
Part 264, Subpart CC.
DRGWH 264.1080(a) and
(c), 264.1090(c).
Part 264, Subpart DD.
DRGHW
264.1101(b)(3)(iii),
264.1101(c)(3)
introductory
paragraph,
264.1101(c)(3)(i),
264.1101(d)
introductory
paragraph,
264.1102(a), 264/
Appendix I/Table 1
and Table 2 (Section
2.(d)).
Part 265, Subpart A.
DRGHW 265.1(c)(4)(i),
265.1(c)(6).
Part 265, Subpart B.
DRGHW 265.12(a)(1),
265.14(b)(1),
265.16(b),
265.19(c)(2).
Part 265, Subpart D.
DRGHW 265.56(b).
Part 265, Subpart F.
DRGHW 265.90(e).
Part 265, Subpart G.
DRGHW 265.110(b)(4),
265.111(c),
265.112(b)(5),
265.112(d)(4),
265.113(b)
introductory
paragraph,
265.117(b)
introductory
paragraph,
265.119(b)(1)(ii).
Part 265, Subpart H.
DRGHW 265.140(b)
introductory
paragraph,
265.140(b)(2),
265.142(a),
265.145(e)(11),
265.147(a)(1)(i),
265.147(b)(1)(i)-(ii
).
Part 265, Subpart I.
DRGHW 265.174.
Part 265, Subpart J.
DRGHW
265.193(e)(2)(v),
265.193(i)(2),
265.194(b)(1)-(2),
265.197(b),
265.201(c)
introductory
paragraph.
Part 265, Subpart K.
DRGHW 265.221(a),
265.221(d)(2)(i)(A)-
(B),
265.223(b)(1)(Respon
se Actions),
265.228(a)(2)(iii)(D
), 265.228(b)(2),
265.229(b)(2) and
(b)(3).
Part 265, Subpart L.
DRGHW 265.255(b),
265.259(b)(1).
Part 265, Subpart M.
DRGHW 265.280(a)(4),
265.281(a)(1).
Part 265, Subpart N.
DRGHW 265.301(a),
265.301(d)(1),
265.301(d)(2)(i)(B),
265.302(b),
265.303(b)(1),
265.312(a)(1),
265.314(f)(1)(ii),
265.314(g)(2),
265.316 introductory
paragraph,
265.316(c)-(d).
Part 265, Subpart Q.
DRGHW
265.405(a)(1)(i).
Part 265, Subpart W.
DRGHW 265.441(c),
265.443(a)(4)(i),
265.443(b)
introductory
paragraph,
265.445(b).
Part 265, Subpart AA.
DRGHW
265.1033(f)(2)(ii),
265.1035(b)(2)
introductory
paragraph,
265.1035(b)(2)(i),
265.1035(c)(4)(i),
265.1063(b)(4)(ii).
Part 265, Subpart CC.
DRGHW 265.1080(a),
265.1085(h)(3)
introductory
paragraph,
265.1087(b),
265.1090(f)(1).
Part 265, Subpart DD.
DRGHW 265.1100(d),
265.1101(b)(4)(i)(B)
,
265.1101(b)(4)(iii),
265.1101(c)(3)
introductory
paragraph,
265.1101(d)
introductory
paragraph, 265
Appendix I/Tables 1
and 2, 265 Appendix
V/Table, 265
Appendix VI [2016].
Part 266, Subpart F.
DRGHW 266.70(a).
Part 266, Subpart G.
DRGHW 266.80(a)/
Table.
Part 266, Subpart H.
DRGHW
266.100(b)(2)(iii),
266.100(d)(3)(i)(A),
266.100(g)
introductory
paragraph,
266.102(a)(2)(vi),
266.102(e)(3)(i)(E),
266.102(e)(5)(i)(C),
266.102(e)(6)(ii)(B)
(2),
266.102(e)(8)(iii),
266.103(a)(4)(vii),
266.103(b)(2)(v)(B)(
2),
266.103(b)(5)(ii)(A)
,
266,103(b)(6)(viii)(
A),
266.103(c)(1)(i),
266.103(c)(1)(ii)(A)
(2),
266.103(c)(1)(ix)
introductory
paragraph,
266.103(c)(1)(ix)(A)
,
266.103(c)(4)(iv)(C)
(1),
266.103(g)(1)(i),
266.106(d)(1),
266.109(a)(2)(ii),
266.109(b)
introductory
paragraph.
Part 266, Subpart N.
DRGHW Part 266
subpart N heading.
[[Page 37324]]
Part 266, Appendices.
DRGHW Part 266
Appendix III-VI,
VIII, IX, and XIII.
Part 268, Subpart A.
DRGHW 268.2(g),
268.4(a)(3)
introductory
paragraph,
268.6(c)(5)
introductory
paragraph,
268.7(a)(1) [more
stringent
provision],
268.7(a)(3)(ii),
268.7(a)(4)/Table
(entry 8),
268.7(b)(3)(ii)/
Table (entry 5),
268.7(b)(4)(ii),
268.7(c)(2) [2016],
268.7(d)
introductory
paragraph,
268.7(d)(1)
introductory
paragraph,
268.7(d)(1)(i)-(iii)
, 268.7(d)(2)-(3).
Part 268, Subpart B.
DRGHW 268.14(b)-(c).
Part 268, Subpart D.
DRGHW 268.40(g),
268.40/Table
``Treatment
Standards for
Hazardous Wastes,''
268.42/Table 1,
268.44(c), 268.45/
Table 1, 268.48/
Table ``Universal
Treatment
Standards,''
268.49(d).
Part 268, Subpart E.
DRGHW 268.50(c) and
(g), Part 268
Appendix VIII.
40 CFR 270.1(c)(1)(iii), ................. DRGHW 122.1(a)(2),
270.1(c)(3)(i) introductory 122.1(c)(1)(iii),
paragraph, 270.2. 122.1(c)(3)(i)
introductory
paragraph, 122.2.
40 CFR 270.10(j), 270.11(d)(1)- ................. DRGHW 122.10(j),
(2), 270.13(k)(7), 270.14(a), 122.11(d)(1)-(2),
270.14(b)(11)(ii)(B), 122.13(k)(7),
270.14(b)(19)(iii), 122.14(a),
270.14(b)(21), 270.17(f), 122.14(b)(11)(ii)(B)
270.18(b), 270.18(g), ,
270.20(i)(2), 270.26(c)(15). 122.14(b)(19)(iii),
122.14(b)(21),
122.17(f), 122.18(b)
and (g),
122.20(i)(2),
122.26(c)(15).
40 CFR 270.33(b) introductory ................. DRGHW 122.33(b)
paragraph. introductory
paragraph.
40 CFR 270.41(c), ................. DRGHW 122.41(c),
270.42(d)(2)(i), 270.42 122.42(d)(2)(i),
Appendix I. 122.42 Appendix I.
40 CFR 270.70(a) introductory ................. DRGHW 122.70(a)
paragraph, 270.72(b)(2). introductory
paragraph,
122.72(b)(2).
Part 273, Subpart A.
DRGHW 273.9.
Part 273, Subpart B.
DRGHW 273.13(b)
introductory
paragraph,
273.14(a).
Part 273, Subpart C.
DRGHW 273.34(a).
Part 279, Subpart A.
DRGHW 279.1.
Part 279, Subpart B.
DRGHW 279.10(b)(2),
279.11, 279.11/Table
1.
Part 279, Subpart E.
DRGHW
279.43(c)(3)(i),
279.43(c)(5),
279.44(a),
279.44(c)(2),
279.45(a).
Part 279, Subpart F.
DRGHW 279.52,
279.55(a)
introductory
paragraph,
279.55(b)(2)(i)(B)
[2016],
279.56(a)(2),
279.57(a)(2)(ii),
279.59.
Part 279, Subpart G.
DRGHW 279.63(b)(3),
279.64(e).
Part 279, Subpart H.
DRGHW 279.70(b)(1).
Cathode Ray Tubes Rule, 71 FR 42928, 7/28/ DRGHW 260.10,
Revision Checklist 215. 2006. 261.4(b)(16),
261.39, 261.40,
262.20 (Certain
portions of the
regulations are
considered broader
in scope; see
discussion in
Section H.1(a)).
------------------------------------------------------------------------
\1\ A Revision Checklist is a document that addresses the specific
revisions made to the Federal regulations by one or more related final
rules published in the Federal Register. EPA develops these checklists
as tools to assist States in developing their authorization
applications and in documenting specific State analogs to the Federal
regulations. For more information see EPA's RCRA State Authorization
Web page at https://www.epa.gov/rcra/state-authorization-under-resource-conservation-and-recovery-act-rcra.
\2\ Unless otherwise indicated, all Delaware citations are from the
state's 2009 regulations. Minor modifications that became effective in
2016, but for which the exact effective date is unknown are denoted
with a ``[2016]'' following the regulatory citation.
2. State-Initiated Changes
Delaware's program revision application includes State-initiated
changes that are not directly related to any of the Revision Checklists
in Table 1. These State-initiated revisions to some of Delaware's
existing regulations are for the purposes of correcting errors and
adding consistency or clarification to the existing regulations. EPA
has evaluated the changes and has determined that the State's
regulations remain consistent with, and are no less stringent than, the
corresponding Federal regulations. EPA grants Delaware final
authorization for the State provisions listed in Table 2. The following
State-initiated revisions are
[[Page 37325]]
equivalent and analogous to the numerically identical provisions of the
Federal RCRA regulations found at relevant or applicable 40 CFR
sections as of July 1, 2007.
Table 2--Equivalent State-Initiated Changes
------------------------------------------------------------------------
Federal RCRA citation (40 CFR) State citation (DRGHW)
------------------------------------------------------------------------
262.21................................. 262.21.
262.23................................. 262.23.
263.21, 264/265.72..................... 263.21, 264/265.72.
264/265.119, 264/265.276............... 264/265.119, 264/265.276.
264.143(h), 264.145(h), 265.143(g), 264.143(h), 264.145(h),
265.145(g), 264.151(a) and (m). 265.143(g), 265.145(g),
264.151(a) and (m).
264.151(a)(1) Section 8(c)............. 264.151(a)(1) Section 8(c).
266, Appendix IX....................... 266, Appendix IX.
------------------------------------------------------------------------
H. Where are the revised Delaware rules different from the Federal
rules?
1. Delaware Requirements That Are Broader in Scope
The Delaware hazardous waste program contains certain provisions
that are broader in scope than the Federal program. These broader in
scope provisions are not part of the program being authorized by this
action. EPA cannot enforce requirements that are broader in scope,
although compliance with such provisions is required by Delaware law.
Examples of broader in scope provisions of Delaware's program include,
but are not limited to, the following:
(a) DRGHW 260.10 includes the definition of ``cathode ray tube
(CRT) generator,'' which is not found in the Federal regulations.
Furthermore, the definition of ``CRT processing'' found at DRGHW
260.10, and the requirements at DRGHW 261.39, DRGHW 261.40, and DRGHW
261.4(b)(16)(i)-(iii), contain language regarding the management of
cathode ray tubes as a solid waste. Under the Federal requirements,
used CRTs that meet certain conditions are not a solid waste and would
not be regulated. Delaware continues to regulate those used CRTs even
if they meet the Federal exclusion requirements. As a result,
Delaware's regulation of these excluded CRTs goes beyond the scope of
the Federal program and is not a part of the Federally enforceable
program.
(b) The Delaware regulations promulgated at DRGHW 263 Subpart E
outline provisions for hazardous waste transporter permits. Because
there is no counterpart in the Federal regulations that addresses
hazardous waste transporter permits, this entire section (DRGHW 263
Subpart E) is broader in scope. Delaware has made changes to
subparagraphs 263.102(b)(3) and (4) of DRGHW 263 Subpart E. These
subparagraphs set forth conditions that could lead to the modification,
denial, termination, or revocation of a hazardous waste transporter
permit. There are no provisions in the Federal regulations that address
the modification, denial, termination, or revocation of a hazardous
waste transporter permit. As a result, these DRGHW provisions go beyond
the scope of the Federal program.
2. Delaware Requirements That Are More Stringent Than the Federal
Program
Delaware's hazardous waste program contains several provisions that
are more stringent than the RCRA program. The more stringent provisions
are part of the Federally-authorized program and are, therefore,
Federally-enforceable. The specific more stringent provisions are also
noted in Table 1 and in Delaware's authorization application. They
include, but are not limited to, the following:
(a) The Federal regulations at 40 CFR 261.5(j) state that if a
conditionally exempt small quantity generator's wastes are mixed with
used oil, the mixture is subject to the ``Standards for the Management
of Used Oil.'' However, Delaware's regulations at DRGHW 261.5(j) state
that if a conditionally exempt small quantity generator's wastes are
mixed with used oil, the mixture is subject to several standards
including: the Hazardous Waste Management System; Identification and
Listing of Hazardous Waste; Standards Applicable to Generators of
Hazardous Waste; Standards Applicable to Transporters of Hazardous
Waste; Standards for Owners and Operators of Hazardous Waste Treatment,
Storage, and Disposal Facilities; Interim Status Standards for Owners
and Operators of Hazardous Waste Treatment, Storage, and Disposal
Facilities; Standards for the Management of Specific Types of Hazardous
Waste; Land Disposal Restrictions; the Hazardous Waste Permit Program;
and Procedures for Decision Making. Because Delaware imposes additional
standards on waste and used oil mixtures, Delaware's regulations are
more stringent than the Federal requirements.
(b) DRGHW 261.41 includes more stringent requirements, at DRGHW
261.41(a), which are not found in 40 CFR 261.41. Specifically, the
Delaware provision imposes additional requirements on used, intact
Cathode Ray Tubes (CRTs) exported for reuse. When applied to CRTs that
are regulated by the Federal requirements, the provisions at DRGHW
261.41(a) are more stringent than the Federal requirements.
(c) The Delaware regulations at DRGHW 262.12(d) require that a
generator submit a ``RCRA Subtitle C Site Identification Form'' (EPA
Form 8700-12) whenever there is a change in name, mailing address,
contact person, contact address, telephone number, ownership, type of
regulated waste activity, description of regulated wastes managed, or
if the generator permanently ceases the regulated waste activity. This
notification must be submitted to the DNREC Secretary no less than 10
days prior to the implementation of the change(s). The Federal
regulations at 40 CFR 262.12 do not require the submission of a ``RCRA
Subtitle C Site Identification Form'' (EPA Form 8700-12) whenever there
is a change in name, mailing address, contact person, contact address,
telephone number, ownership, type of regulated waste activity,
description of regulated wastes managed, or if the generator
permanently ceases the regulated waste activity. Therefore, this
provision of Delaware's regulations is more stringent than the Federal
requirement.
(d) The Federal requirements in 40 CFR 262.20 detail the procedures
generators must follow when preparing a manifest. The paragraph at 40
CFR 262.20(e) includes conditions whereby generators that generate more
than 100 kilograms, but less than 1000 kilograms
[[Page 37326]]
in a calendar month would be exempt from the manifest requirements.
Delaware's regulations at DRGHW 262.20 also include guidelines for the
preparation of a manifest. However, paragraph 262.20(e) in the DRGHW is
labeled as ``Reserved''. Therefore, the manifest exemption for
generators that generate more than 100 kilograms, but less than 1000
kilograms of hazardous waste in a calendar month that is included in
the CFR is excluded from Delaware's regulations. Thus, Delaware
regulations are considered to be more stringent.
(e) The Federal regulations promulgated at 40 CFR 262.44 state that
generators who generate more than 100 kilograms, but less than 1000
kilograms of hazardous waste in a calendar month are subject to
reporting and recordkeeping requirements in 40 CFR 262.40(a), (c), and
(d); 40 CFR 262.42(b); and 40 CFR 262.43. Delaware's regulations impose
additional reporting and recordkeeping requirements on these
generators. Specifically, Delaware's regulations at DRGHW 262.44 call
for generators who generate more than 100 kilograms, but less than 1000
kilograms to follow the reporting and recordkeeping requirements in
DRGHW 262.40(a), (b), (c), and (d); DRGHW 262.42(b); and DRGHW 262.43.
Therefore, Delaware's regulations are more stringent than the Federal
regulations.
(f) The Delaware regulations at DRGHW 265.176(b) require the
owner(s) or operator(s) of waste treatment, storage, and disposal
facilities to take precautions to prevent accidental ignition or
reaction of ignitable or reactive waste. Specifically, owner(s) or
operator(s) must implement preventative measures including: Separating
and protecting ignitable or reactive waste from sources of ignition or
reaction, confining smoking and open flame to specially designated
locations while ignitable or reactive waste is being handled, and
conspicuously placing ``No smoking'' signs wherever there is a hazard
from ignitable or reactive waste. The Federal regulation promulgated at
40 CFR 265.176 does not include provisions for owner(s) or operator(s)
of waste treatment, storage, and disposal facilities to prevent
accidental ignition or reaction of ignitable or reactive waste. Hence,
Delaware's regulation is more stringent.
(g) The Federal regulations at 40 CFR 268.7 include testing,
tracking, and recordkeeping requirements for generators, treaters, and
disposal facilities. The provision at 40 CFR 268.7(a)(1) states that a
generator must determine whether its hazardous waste must be treated
before it can be land disposed. It also says that generators can make
this determination by either testing the waste or using knowledge of
the waste. The provision also gives generators the option to send their
waste to a RCRA-permitted hazardous waste facility, where the facility
would have to test the hazardous waste. Delaware also has testing,
tracking, and recordkeeping requirements for generators, treaters, and
disposal facilities, which can be found at DRGHW 268.7. Delaware's
regulations at DRGHW 268.7(a)(1) require that generators determine
whether their hazardous waste must be treated before it can be land
disposed. Similar to the federal requirements, Delaware's regulations
state that generators can either test the waste or use knowledge of the
waste to make this determination. However, Delaware's regulations do
not include a provision to allow generators to send their waste to a
RCRA-permitted facility for testing. Therefore, Delaware's requirements
are more stringent than Federal requirements.
(h) The Delaware regulations promulgated at DRGHW 279.10(i) state
that marketers and burners of used oil who market used oil containing
any quantifiable level of polychlorinated biphenyls (PCBs) are subject
to both the ``Standards for the Management of Used Oil'' set forth in
DRGHW Part 279 and the requirements found at 40 CFR 761.20(e). The
Federal regulations at 40 CFR 279.10(i), however, list the criteria
whereby used oil containing PCBs may become subject to both the
``Standards for the Management of Used Oil'' and the requirements of 40
CFR part 761. As a result, under the Federal regulations, marketers and
burners or used oil who market used oil containing PCBs may be subject
to either the requirements of 40 CFR part 279 or the requirements of 40
CFR part 761. Because Delaware always requires compliance with both
parts of the regulations, Delaware's regulations are more stringent.
(i) The Delaware regulations at DRGHW 279.22(b)(3) state that
containers and aboveground tanks utilized to store used oil at
generator facilities must be closed during storage, except when it is
necessary to add or remove oil. The Federal regulations at 40 CFR
279.22(b) do not require that containers and aboveground storage tanks
remain closed during storage, thereby making Delaware's regulations
more stringent.
I. Who handles permits after the authorization takes effect?
After this authorization revision, Delaware will continue to issue
permits covering all the provisions for which it is authorized and will
administer all such permits. EPA will continue to administer any RCRA
hazardous waste permits or portions of permits that it issued prior to
the effective date of this authorization until the timing and process
for effective transfer to the State are mutually agreed upon. Until
such time as EPA formally transfers responsibility for a permit to
Delaware and EPA terminates its permit, EPA and Delaware agree to
coordinate the administration of such permit in order to maintain
consistency. EPA will not issue any more new permits or new portions of
permits for the provisions listed in Section G after the effective date
of this authorization. EPA will continue to implement and issue permits
for HSWA requirements for which Delaware is not yet authorized.
J. How does this action affect Indian Country (18 U.S.C. 115) in
Delaware?
Delaware is not seeking authority to operate the program on Indian
lands, since there are no Federally-recognized Indian Lands in
Delaware.
K. What is codification and is epa codifying Delaware'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 action by
referencing the authorized State rules in 40 CFR part 272. EPA reserves
the amendment of 40 CFR part 272, subpart I, for this authorization of
Delaware's program revisions until 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 13563 (76 FR 3821, January 21, 2011). Therefore, this action
is not subject to review by OMB. This action authorizes State
requirements pursuant to RCRA section 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
[[Page 37327]]
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). In any case, Executive Order
13175 does not apply to this rule since there are no Federally
recognized tribes in Delaware.
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 concern environmental health or safety
risks that may disproportionately affect children. 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 satisfies the requirements of RCRA. Thus, the requirements of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C.
3701, et seq.) 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 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. 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.). Burden is
defined at 5 CFR 1320.3(b). Executive Order 12898 (59 FR 7629, February
16, 1994) establishes Federal executive policy on environmental
justice. Its main provision directs Federal agencies, to the greatest
extent practicable and permitted by law, to make environmental justice
part of their mission by identifying and addressing, as appropriate,
disproportionately high and adverse human health or environmental
effects of their programs, policies, and activities on minority
populations and low-income populations in the United States. Because
this rule authorizes pre-existing State rules which are at least
equivalent to, and no less stringent than, existing Federal
requirements, 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.
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 is effective October 10, 2017.
List of Subjects in 40 CFR Part 271
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous materials transportation,
Hazardous waste, Indian lands, Intergovernmental relations, Penalties,
Reporting and recordkeeping requirements, Water pollution control,
Water supply.
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: July 27, 2017.
Cecil Rodrigues,
Acting Regional Administrator, U.S. EPA Region III.
[FR Doc. 2017-16903 Filed 8-9-17; 8:45 am]
BILLING CODE 6560-50-P
